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HomeMy WebLinkAbout10/01/1991 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: September 27, 1991 1. Attached is the October calendar of Upcoming Meetings. 2 . Attached is correspondence from Anthony Notermann regarding Notice of Intent to Claim Damages on the behalf of Patricia A. Mularkey. 3 . Attached is the October Business Update from City Hall. 4 . Attached is a memorandum from Karen Marty regarding Mel Lebens ' Election Concerns. 5. Attached are the September 14 , 1991 minutes of the Shakopee Community Youth Building Committee. 6. Attached is the Police Newsletter for Council review. 7 . Attached are the unapproved minutes of the September 18, 1991, Community Development Commission meeting. 8 . Attached are the unapproved minutes of the September 11, 1991, Downtown Committee meeting. 9 . Attached are the unapproved minutes of the September 11, 1991, Energy & Transportation Committee meeting. 10. Attached is a correspondence from Barry Stock, Assistant City Administrator to Jack Brambilla regarding the availability of B-1 sites in Shakopee. 11. Attached is an update from Karen Marty on the condemnation of City property by MnDOT. 12 . Attached is an agenda for the upcoming Planning Commission meeting. 13 . Attached is an agenda for the upcoming Board of Adjustment & Appeals meeting. October 1991 _,,, , UPCOMING MEETINGS SUN MON TUE WED THU FRI SAT 1 2 3 4 5 7:00pm City 7:30pm Council Planning Meeting Commission 6 7 8 9 10 11 12 4:30pm 7:00 PM 7:45am 700 Public Downtown ; pm Utilities Committee Committee Election of the judge 7:00 pm Whole Training Election Judge Training 13 14 15 16 17 18 19 7:00pm City 5:00pm CDC 7:30pm Council 7:00pm Planning Meeting Energy and Commission Transport- - Public atio_n Hearing 20 21 22 23 24 25 26 7:00 PM Committee of the Whole 27 28 29 30 31 7:00pm Park & Rec. Board September November S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 8 9 10 11 12 13 14 3 4 5 6 7 8 9 15 15 17 18 19 20 21 10 11 12 13 14 15 16 22 c 24 25 26 27 28 17 1 8 1 9 20 22 ? 1 29 30 24 25 26 27 28 29 30 ANTHONY L. NOTERMANN ATTORNEY AT LAW SEP 1 81991 236 SOUTH LEWIS STREET P.O.BOX 158 SHAKOPEE,MINNESOTA 55379 CITY OF SHAKOPEE • OFFICE 612-445-3844 RESIDENCE 612-445-5162 CERTIFIED MAIL September 17 , 1991 Council of The City of Shakopee Shakopee City Hall 129 First Avenue East Shakopee, Minnesota 55379 RE: Notice of Intent to Claim damages on the behalf of Patricia A. Mularkey. Honorable Council Members; Pursuant to Minnesota Statutes Annotated Section 466 et seq and as the Governing Body for the City of Shakopee enclosed herewith please find served upon you the above captioned Notice of Intent to Claim Damages on the behalf of Patricia A. Mularkey. A courtesy copy of this has been sent to your City Attorney. Thank You. Very truly yo/urs; , -7- , . / ony! L. Nbter'mann enclosure Certified Mail # P 614 115 164 ALN/rlt NOTICE OF INTENT TO CLAIM DAMAGES TO: THE COUNCIL FOR THE CITY OF SHAKOPEE You are hereby notified that it is the intention of PATRICIA ANN MULARKEY to claim damages against the City of Shakopee as a result of an motor vehicle accident occurring on the 27th day of July , 1991 at approximately 1 : 00 A.M . Said motor vehicle accident occurred approximately . 25 miles southwesterly of the intersection of Fourth Avenue and Shenandoah Drive within the City limits of Shakopee . It is the intention of Patricia A. Mularkey to claim damages in the amount of $200 , 00 . 00 as a result of severe and permanent injuries to her body . Dated /4 -77a-tlnU,c- y— / 5='!5:7 / • -Anthony L. Notermann Attorney for Patricia A. Mularkey P .O. Box 158 Shakopee, Minnesota 55379 612-445-3844 BUSINESS UPDATE FROM CITY HALL vol. 5 No. 10 Dear Chamber Member: October 1 , 1 99 1 City Clerk plan to identify options that will provide additional parking south of First Avenue On September 17, 1991 , City Council during the mini by-pass construction. • approved on-sale and Sunday liquor On September 13, 1991 the Shakopee licenses for Dangerfield's Restaurant Inc. Scott County Economic Development Dangerfield's Restaurant will occupy the Coalition officially became members of the Shakopee House site which is scheduled Twin Cities Metro Development Company. to open sometime in November. This action will provide the Scott County AbsenteeEconomic Development Coalition with the ballots for the upcoming city necessary support staff to process SBA election and school district No. 720 503/504 loans. SBA loans have helped referendum will be available beginning thousands of small companies get started, October 4th at both the city hall offices expand and prosper. SBA loans also and the school district offices. provide assistance for working capital. The Scott County Economic Development Coalition was created to assist local CCM m iiiii“' companies in their business expansion CevelCan�ellt plans and also resolve problems that they maybe experiencing. Barry Stock has been identified as the City of Shakopee On September 17, 1991 the Shakopee City representative to the Scott County Coalition. Council directed the appropriate city If you have a business or know of a officials to execute stipulation agreements business that is experiencing difficulties with MnDOT for the property to be please contact Barry Stock at 445-3650. acquired as a result of the mini by-pass project. The stipulation agreement The City of Shakopee was recently featured specifies that the City of Shakopee with several other communities in an article agrees to accept MnDOT's offer for the that appeared in the Parade of Homes property to be acquired. However, the Magazine. The articile identified several stipulation agreement further specifies suburban communities that provide a that MnDOT must condemn the property. middle ground for those who value the pace Condemnation will perserve the rights of and peace of the country, but also relish the Shakopee residents who feel they have a convenience and opportunity of the city. To legal interest in the property. have Shakopee featured in the article is quite an accomplishment considering that According to the condemnation there were only two homes identified in our documents, the City of Shakopee must community that appeared in the Parade of vacate the parking lots by November 30, Homes Magazine. This is an indication thit 1991 . City staff is currently investigating professionals in the real estate developm' f the possibility of reaching a side field recognize that Shakopee will be a agreement with Mn DOT for the continued major player in the 1990's in terms of use of the parking lots until such time that residential, commercial and industrit:i they are actually needed for construction development. purposes. The Downtown Committee and the Community Development Commission are currently working on developing a • Erttiuieeriuit\Gtiblic plainih it Works On September 5, 1991 the Shakopee Bids have been received and awarded for Board of Adjustment and Appeals the Tahpah Park Sprinkler System and approved an application from Mark Jefferson St. Watermain Project. Weinandt for a variance from the required Construction should start on these projects lot size for Mark J. Weinandt Addition, in the near future. located in the Rural Residential District south of the Weinandt Acres subdivision. Despite the rain, the 2nd Ave. The John and Mary McReynolds home, reconstruction project is still on schedule. presently located within the Mini-Bypass The contractor still plans on placing the right-of-way, will be moved onto the site. first lift of asphalt yet this fall, weather permitting. On September 5, 1991 the Shakopee Planning Commission recommended The Public Works Department will soon be denial of an ordinance amendment which preparing for the upcoming winter season would have allowed retail sales as a by updating our snow removal policy, conditional use in the Heavy Industrial revising the plow routes, ensuring all Zone. At their meeting on September 17, equipment is in good working condition 1991 , the Shakopee City Council passed a and purchasing all necessary materials. motion to deny the proposed ordinance amendment. park % [ecreaticul The Commission also approved the preliminary and final plat of Mulberry Sherry Dvorak has been hired as a • Meadow 1st Addition (9 single family lots temporary Recreation Assistant for the and 2 twin home lots) . The final plat for the Parks and Recreation Department. Sherry Meadows 6th Addition was also apporved has a Bachelor of Science Degree from St. (32 single family lots). Cloud State University in the Administration of Recreation, Parks and Leisure Studies. Sherry recently completed her internship at Lakeville Parks and Recreation Department and she has worked in various recreation programs for Chaska and Chanhassen Parks and Recreation Departments. Ms. Dvorak is a native of Chaska and recently got married to Jon Dvorak of Jordan, MN. L4 MEMORANDUM TO: Mayor and Members of the City Council FROM: Karen Marty, City Attorney DATE: September 20, 1991 RE: Mel Lebens ' Election Concerns Mr. Mel Lebens has contacted me twice regarding the upcoming election. He also has contacted the League of Minnesota Cities. Their response is attached. He is concerned that the "best" two candidates may not be elected, since the voters are asked to vote for three, and yet (if the voters agree to reduce the number of councilmembers) only two might be allowed to take office. Mr. Lebens opposes having the reduction in councilmembers take place immediately. He suggests that, instead, we give the two highest vote-getters four-year terms, and give the third highest vote-getter a two-year term. At the end of the two-year term, that seat would be eliminated. This accomplishes his goal by allowing all elected people to take seats this year, and in two years the voters would vote for the same number of candidates as we have openings. There may be some difficulties in changing our draft ballot at this time. I have not researched the legal limits on this. I bring this forward for your information. Mr. Lebens has indicated that he believes the City may face an election contest the way the ballot now stands. If you wish me to take any action, please let me know. Signed ,C4`44 Karen Marty, City-ttorney KEM:bjm [LEBENSV] Attachment cc: Dennis Kraft Judith Cox 183 University Ave.East LI - St.Paul,MN 55101-2526 League of Minnesota Cities (612)227-5600(FAX:221-0986) September 18, 1991 Mel Liebens 538 W. 4th Avenue Shakopee, MN 55379 Dear Mr. Liebens: You spoke with Mr. Hennen, an attorney in the League's insurance trust, about a proposition on your city's ballot this fall to reduce the council from 6 to 5 members. He gave me the notes from your conversation and asked me to respond. In accordance with League policy when responding to citizen requests, I also contacted the city and I will be sending them and their attorney a copy of this reply. I understand from the city that there are three council seats to be filled at this election. The ballot will request voters to "vote for three" of the candidates and if the proposition to reduce the council fails all three will take office. If the proposition passes, the candidate among the three with the lowest number of votes will not be sworn in since that council seat will no longer exist. This is the "schedule" the city has adopted with the assistance of its attorney according to the statute you cite, M. S. 412 . 02 Subd. 6 . Although the statute requires a schedule of "elections and terms", the cannons of construction provide that the singular includes the plural; and the plural, the singular, so that accomplishing the transition with one election is not necessarily contrary to the statute. M. S. 645 . 08 , copy enclosed. Also, the schedule results in two councilmembers being elected at each subsequent election as required by M. S. 412 . 06 Subd. 1. The city apparently has 6 councilmembers because it was incorporated under a special law. Special law cities were permitted to continue to have as many council members as formerly after the adoption of the uniform statutory city code (Chapter 412 of the statutes) . M. S. 412 . 023 Subd. 4 , copy enclosed. There is no direction in the transition statute for reducing the number of members nor could I find any record of another special or general law city doing so. Thus, although M. S. 412 . 02 Subd. 6 was enacted later, it seems to be proper to follow its procedure since the council is reducing to five members; the statute does not say from what number the reduction occurs. There are no interpretations on the application of this subdivision to date but, on the face of it, the city's plan would appear to meet the requirements of the statute. You had a concern that the election results may not accurately represent the will of the voters if they believe they are electing three people, yet only two actually qualify under the schedule. How many seats are open may affect how a person would vote since voting strategy can include dynamics of how issues or candidates offset one another. This may be true, but since the city has apparently passed and published the required ordinance the schedule is a matter of public record that both the voters and the candidates must take into account in how they cast their votes, and how the candidates campaign. Sincerely, Jeannette Bach Asst. Research Director Encl: C 'aTfh Cox, City Clerk %RUr`efM•ra'rty ei'tyy Att`orhey ' T ' ❑ p u V C e> ❑. 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E-0 + C 03 u 0 l Shakopee Community Youth Building Committee Minutes September 14, 1991 Members present: Joyce Bassinger, Darrell Trowbridge, Bob Nead, Sara Call Members absent: Anne Tuttle Due to the large amount of rain recently, visual inspection made of building revealed water in the basement, wet patches on the ceiling and water running down the logs on the north wall upstairs. Joyce will contact Judy Cox to see if the city does any repairs needed of this nature. The basement closet is in need of cleaning. Materials left from a user are lying on the floor and leaning up against the waterheater. This group will be contacted. Bob will check in the estimate to provide a barrier around the waterheater to avoid poten- tial hazards. Bob will contact Dan Gerold now to clean the floor. Old business: Treasurers report: Signature cards were signed for the checking account. The account will now be transferred. Darrell received all receipts and funds for Derby Days from Sara and Bob. A report will be given at the next meeting on Derby Days. It appears to have been a success as we sold out Saturday night the last years equivalent of treats and popcorn. We needed to purchase twice on Sunday to replenish our stock. It was suggested that the snacks and popcorn would have sold well after the dance if we had remained open. New business: A note was left that the backdoor was left propped open and found by the following user. The same problem was found in August. We will have signs made and placed in the building to check each door before leaving to assure they are tightly shut. The Girl Scouts have purchased a storage cabinet, 6ft H, 3ft W, 2ft D, to store supplies used weekly by all troops. They indicatd the baskets in the closet were open and the smaller supplies would fall out. They have asked permission to place this cabinet in the basement next to the copier. this would required bolting the back to the wall to avoid any accidents by tipping over. Discussion was held that we would like to provide permanent storage cabinets with a trophy case for all the users. Before building anything permanent we feel the basement water problem should be resolved. Therefore it is approved for the Girl Scouts to place the cabinet in the basement on a temporary basis. The committee received a phone call in regards to double booking on the schedule. Discussion was made that we prefer to handle any conflicts with the scheduling and we will contact Ed Dressen. Ed has generously offered his services for the enormous task of scheduling, and as part of our responsibility on the committee we feel we should handle any conflicts that might arise. A letter to this affect will be drafted and sent to the users by our chair Joyce Bassinger. A suggestion was made to be able to increase the usage of the building we could look into a divider in the basement or encourage troops of same age levels to use the building at the same time. Bob N. will check into the estimate for the divider and also storage cabinets. Meeting page two In the past the users have donated cleaning time to clean the building once a month. This task has rotated each month. The committee needs the names and phone numbers of contact people for each of the users. We will leave a note at the building for them to sign. A cleaning schedule is anticipated and will be drafted by the committee and sent out to the users. We appreciate their willingness to become involved in the maintenance of the building. We appreciate each of the users to contact us if they have any questions or concerns. Our names and phone numbers will be displayed at the building for their information. Next meeting October 12, 1991 9am to loam Respectfully submitted: Sara J. Call cc: Judy Cox City of Shakopee SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION City Council Chambers September 18, 1991 Chairman Albinson called the meeting to order at 5:45 p.m. with the following members present: Charles Brandmire, Mike Beard, Jon Albinson, Jane DuBois and Mike Pennington. Commissioners Miller and Mars were absent. Barry Stock, Assistant City Administrator was also present. Brandmire/Pennington moved to approve the minutes of the July 17, 1991 meeting as kept. Motion carried unanimously. Mr. Stock gave a brief economic development update. He noted that Rahr Malting is considering a $10, 000, 000 expansion. The expansion, which is planned for 1992 , will include a new malt house. Mr. Stock also noted that the Shakopee City Council recently approved preliminary and final plats for Mulberry Meadow (Market St. ) for nine single family and two duplex lots and Meadows 6th Addition for 32 single family lots. Mr. Stock stated that the City of Shakopee recently acquired several parcels adjacent to 5th Ave. and Market St. At the September 3 , 1991 Shakopee HRA meeting, staff was directed to research development options in terms of zoning for the area in question. Mr. Stock stated that he felt it was important to take a comprehensive look at the overall land use of the property within close proximity to the 5th Ave. and Market St. project when evaluating potential land use impact. Mr. Stock then shared with the Committee the amount of vacant residentially zoned land within the Metropolitan Urban Service Area. At the present time there is only 21 acres of R-3 zoned property. Mr. Stock also noted that the Comprehensive Plan designates 4th Ave. as a collector street. Staff believes that single family housing developments to the south of 4th Ave. should be buffered from 4th Ave. with either commercial development or housing of a higher density. Since the majority of the property south of 4th Ave. is presently occupied by single family housing, staff believes that rezoning the property to R-3 would be more appropriate than commercial zoning. Mr. Stock stated that the draft Comprehensive Plan has designated that the majority of the vacant land within the study area be used for single family residential housing. However, the Comprehensive Plan did not recognize the development restraints within the area. Mr. Stock reminded the Committee that several developers in the past have independently attempted to initiate development within the study area. However, due to the irregularly shaped parcels, bedrock and lack of through streets, development has become cost prohibitive. Mr. Stock stated that rezoning the property to a higher density would allow for the development of single family Minutes of the Page - 2 Community Development Commission September 18, 1991 units up to and including four-plexes and townhouses with five or six units would also be permitted as a conditional use permit. Mr. Stock stated that R-3 zoning would provide a buffer between 4th Ave. and single family residential development to the south of 4th Ave. It would also allow higher land use intensity which may make a residential development project more feasible. Mr. Albinson stated that he was concerned about the small piece of property just east of the City' s Public Works compound and west of the Shakopee East Apartments. He noted that presently the property is zoned B-2 . Staff is proposing to rezone this property to R-4 . Mr. Albinson stated that he felt the property owner would object to R-4 rezoning and would possibly sue the City for a taking of his property. It was the consensus of the Commission that Mr. Albinson was perhaps correct and that the property in question should not be rezoned to R-4 . Commissioner Brandmire stated that he felt that if the City Council was serious about taking a look at rezoning a property that they should take a comprehensive look as outlined by staff. An overall rezoning of the area would appear to be justified based on the rational presented by staff. Brandmire/Pennington moved to recommend to the Shakopee Planning Commission that the appropriate City officials be directed to initiate the rezoning of the property within the study area to R-3 , medium density residential and a small portion of R-4 , multi-family residential . Motion carried unanimously. Discussion ensued on the Downtown Committee recommendation regarding additional parking in the downtown area. Mr. Stock stated that for the past two months, staff has been gathering information regarding the availability of parking in the downtown area. The Downtown Committee is recommending to the Community Development Commission that they request City Council to authorize the appropriate City officials to obtain an appraisal of the Gene Brown property for acquisition and parking lot development purposes. Mr. Stock noted that MN/DOT representatives have stated that the City must vacate the parking lots North of 1st Ave. by November 30, 1991. Mr. Stock stated that it may be possible for the City to negotiate an agreement for the continued use of the lots beyond the November 30, 1991 deadline. However, at some point in time, during the actual mini bypass construction, there will be a shortage of parking as a result of the mini bypass construction. Mr. Stock stated that, at the present time, the major employers within the City Hall block include the City of Shakopee and Amzak Cable. The parking needs of these two businesses equate to approximately 34 additional 8 hour stalls. The question to be addressed revolves around suitable parking for these persons when the actual mini Minutes of the Page - 3 Community Development Commission September 18, 1991 bypass is being constructed through the existing parking lots North of 1st Ave. Mr. Stock stated that the Downtown Committee did evaluate several alternatives, including the acquisition of the Gene Brown property. The Gene Brown parcel has a suggested list price of $107 , 000. The cost estimate to improve the site for parking purposes ranges between $25, 000 and $30, 000. If the parking lot were developed, it would create between 40 and 46 new parking stalls. Mr. Stock noted that Mr. Brown has stated in the past that he would not be willing to entertain a lease agreement with the City for temporary parking needs. A second alternative considered as a potential parking site is located on the City owned property behind the library. The parcel is approximately the same size as the Brown property and subsequently generate the same number of parking spaces. The cost estimate for parking lot construction would be comparable to the Gene Brown parcel. The third alternative considered by staff and the Downtown Committee revolved around the Wampach property. Mr. Stock stated that the Downtown Committee eliminated this as an alternative due to its proximity to potential users of said parking lot. Mr. Stock stated that currently Marquette Bank owns the parking lot adjacent to their Auto Bank facility at the corner of 3rd and Holmes St. The lot provides parking for approximately 26 stalls. Mr. Stock noted that he has received a correspondence from Mr. Mike Phillips, Vice-president and cashier from Marquette Bank, suggesting a proposed leasing arrangement. Mr. Stock stated that the site could be leased on an annual basis for approximately $6, 600. Commissioner Brandmire stated that he is a little bit concerned about the property owners who will be relocated as a result of the mini bypass. He stated that he is also concerned about the future development of the property North of 1st Ave. He felt that perhaps it was time for the City to consider having a consultant or developer look at the downtown to determine where additional parking lots should be created as well as what redevelopment potential there may be in the downtown area, especially on the property located North of 1st Ave. and south of the mini bypass. Mr. Stock stated that the Downtown Committee has met with all the property owners who will be relocated as a result of the mini bypass. Many of the persons to be relocated occupy residential units. Jack Brambilla also has discussed the possibility of renovating his building located at the corner of Lewis and 1st Ave. for commercial purposes. Presently several of his tenants will be forced to relocate and he is considering redeveloping the aforementioned space for their use. Mr. Stock also stated that the Downtown Committee is presently working on a list of work tasks Minutes of the Page - 4 Community Development Commission September 18, 1991 that could be performed by a consultant. The Committee has, in the past, discussed utilizing a consultant to develop a set of requests for proposal specifications that could be used to solicit developer interest in the downtown area. Mr. Brandmire stated that a number of residents feel that parking in the downtown area is inadequate and therefore do not shop in the downtown area. Mr. Brandmire went on to state that the identification of additional parking spaces was not going to be the answer to resolving all the problems in the downtown area. Commissioner Albinson stated that he felt the idea of leasing parking spaces from Marquette Bank seemed to be the most attractive because it gave the City of Shakopee time to perhaps hire a consultant who can develop a set of requests for proposals specifications to solicit developer interest in the downtown area. It also would simply give the City Council time to decide what, if any, action they want to consider to facilitate redevelopment in the downtown area. Discussion ensued on the market demand for commercial space in Shakopee. Discussion also ensued on what the CDC can do to facilitate developer interest in downtown Shakopee. Mr. Albinson stated that the viability of a redevelopment project in downtown Shakopee is still three years down the road. Mr. Stock stated that Mr. Albinson is correct but that if Council chooses a redevelopment approach, it will take time. Finally, to attract a developer is not going to happen overnight, even with a consultant' s concept plan, market analysis and financial assistance package. Beard/DuBois moved to recommend to City Council that they direct the appropriate City officials to take the necessary steps to develop the parking lot behind 1st Ave. and also negotiate a lease arrangement with Marquette Bank for parking adjacent to their Auto Bank facility. Motion carried with Albinson voting nay. Commissioner Beard stated that he felt the action taken would save the City some money and keep other properties on the tax rolls. Chairman Albinson stated that he was not sufficiently satisfied that the parking behind the Library was needed. He felt that perhaps the parking needs could be accommodated through a leasing arrangement with Marquette Bank. Commissioner Beard stated that he has not noticed a serious parking problem in the downtown area. However, he stated that the downtown business owners are here on a daily basis and that if they believe there is a problem, that he would defer to their knowledge of the problem. Commissioner DuBois stated that she felt that if the Minutes of the Page - 5 Community Development Commission September 18, 1991 downtown business owners could encourage their employees to park in parking lots further away from their businesses, or perhaps on street, that it would eliminate much of the alleged parking problem in the downtown area. Commissioner DuBois questioned whether or not it would be possible to put crushed rock down as a surface for the parking lot behind the Library to save some dollars. Mr. Albinson stated that he thought this would be in conflict with the City Ordinance. Mr. Stock stated that he believed Mr. Albinson was correct. Brandmire/Beard moved to table the review of the 1991 CDC One and Five Year Work Plans. Motion carried unanimously. Beard/DuBois moved to adjourn the meeting at 7 : 00 p.m. Motion carried unanimously. Barry A. Stock, Recording Secretary IPg DOWNTOWN AD HOC COMMITTEE City Council Chambers September 11, 1991 Chairperson Keen called the meeting to order at 7: 50 a.m. with Commissioners D. Wermerskirchen, Keen and B. Wermerskirchen. Commissioners Fonder, VanHorn, Phillips and Kahleck were absent. Barry Stock, Assistant City Administrator was also present. Mr. Stock noted that since a quorum of the Committee was not present, that this would be an unofficial meeting. Mr. Stock stated that while a quorum of the Committee is not present, he felt it was important for those present to discuss the issue of parking in the downtown area. Mr. Stock reported that for the past several months staff has been evaluating the existing parking in the downtown area. The evaluation has included traffic counts and a longitudinal time analysis that was completed on several occasions. This analysis included actual visual inspection of the lots at certain time period throughout the day to determine the parking demand within the downtown area. Mr. Stock also noted that the City of Shakopee has received notice from MN/DOT regarding the condemnation of the parking lots located north of 1st Ave. Mr. Stock stated that the Shakopee City Council will be addressing the issue of condemnation in an executive session on September 17 , 1991. Mr. Stock did note that MN/DOT officials have stated that if the City does not accept their offer, that the City must vacate the parking lots by November 30, 1991. If the City accepts MN/DOT' s condemnation award, it may be possible to negotiate a lease for the continued use of parking lots. MN/DOT officials have stated that they cannot guarantee continued use of the parking lots beyond February 28, 1992 . Beyond that date, MN/DOT officials have stated that the City could negotiate with the contractor who will be awarded the project for the continued use of the parking lots. MN/DOT officials have also stated that if a continued use agreement can be negotiated that the lease cost of the property would be 8% of the certified market value. They have also stated that it would be possible for the City to lease a portion of the lot, rather than the entire lot. Mr. Stock stated that the possibility exists that the parking lots may have to be vacated on November 30, 1991. Irregardless of Council ' s action, there will be an approximate two year period where the parking lots north of 1st Ave. will not be available for use. Therefore, it becomes important for the City to evaluate what the impact of the additional cars that are being parked in those lots will be when they have to move to the south side of 1st Ave. Mr. Stock noted that at the present time there are approximately 34 cars utilizing the parking lot located north of 1st Ave. on a daily basis. When the City moves into their new facility, the majority of these vehicles will follow. Based on the parking analysis conducted by staff, it appears that there is not a parking shortage Minutes of the Page - 2 Downtown Ad Hoc Committee September 11, 1991 in the downtown area at this time. However, staff ' s analysis did not take into consideration the fact that 34 additional cars would need to be relocated to the existing parking lots. Based on the availability of parking south of 1st Ave. , staff does not believe that the additional 34 cars could be accommodated within the existing parking lots. Therefore, staff has looked at alternatives to accommodate the additional parking demand. These alternatives include acquiring property, developing existing property owned by the City and/or leasing space. Mr. Stock reviewed the sites that he felt were worthy of parking development. The sites included the City property owned behind the Library, the Gene Brown lot and the Wampach property. Mr. Stock shared with the Committee that Mr. Gene Brown has his property listed for approximately $107 , 000. The cost to improve the site for parking purposes ranges between $25, 000 and $30, 000. A parking lot developed on that site would create between 40 and 46 new parking stalls. Mr. Stock stated that the parcel owned by the City, behind the Library, is approximately the same size as Mr. Brown' s property. Therefore, the cost to the City for developing the Library site would again be between $25, 000 and $30, 000 . Mr. Stock stated that he has not obtained a firm cost estimate from Mr. Wampach for his property. However, there is adequate space available to develop a parking lot in similar size and scope to the type that could be developed on either the Library or Gene Brown site. In terms of leasing property, Mr. Stock stated that Mr. Brown has responded negatively to a possible leasing agreement. Mr. Stock stated that he did contact Marquette Bank officials, who presently have a parking lot adjacent to their Auto Bank facility. They have stated an interest in leasing their lot to the City on an annual basis. Mr. B. Wermerskirchen stated that he thought that Marquette Bank intended to expand their Auto Bank facility. Mr. Stock stated that he had heard at one time that they were intending to expand their lobby at the Auto Bank facility. However, he cannot say for certain whether or not this was still in their plans. Mr. B. Wermerskirchen stated that he did not believe that staff' s analysis of parking within the downtown area was accurate. He stated that based on his observations, that there appears to be a shortage of parking in the downtown area. Mr. D. Wermerskirchen stated that the Gene Brown lot did provide the City with a future land use in terms of the possible development of that half of the block. Mr. Stock stated that some day it might be in the interest of the City to acquire the McGovern property. Mr. Stock stated that a future land use development concept for that half of the block could be developed in a fashion Minutes of the Page - 3 Downtown Ad Hoc Committee September 11, 1991 similar to the Marquette Bank block, where parking is situated within the interior of the block and retail is adjacent to the north/south streets. Mr. Wermerskirchen questioned how much money the City would receive for the parking lots located north of 1st Ave. Mr. Stock stated that the City of Shakopee will receive approximately $260, 000 and the Shakopee HRA will receive $55, 400 for the former Opera House site if the parties agree to accept MN/DOT' s offer. Mr. Wermerskirchen stated that he felt that a portion of the funds generated from the sale of the parking lots should be directed into new parking lot development within the downtown area. It was the consensus of the members in attendance that any funds generated from the sale of parking lots north of 1st Ave. should be redirected into new and/or improved lots located somewhere in the downtown area or other downtown redevelopment options. Mr. D. Wermerskirchen stated that he felt that it would probably be in the best interest of the City to both lease property from Marquette Bank and buy the Gene Brown lot due to the future redevelopment opportunities available near Mr. Brown' s property. It was the consensus of the members in attendance that a recommendation be made to the Community Development Commission that the City Council consider ordering an appraisal of the Gene Brown property and negotiating a lease agreement with Marquette Bank for additional parking near their Auto Bank facility. Discussion ensued on the Chamber Retail Survey. Mr. D. Wermerskirchen stated that the results have been tabulated. He stated that he did not feel that the survey revealed any new information that was earth shattering. He hoped that future surveys would be more useful in terms of the information generated. Mr. Stock stated that Commissioner Kahleck requested that the work tasks identified by the Downtown Committee several months ago, in regard to a possible update of the Downtown Development Plan, be placed on the agenda for discussion. Since Ms. Kahleck was not at the meeting, Mr. Stock suggested that it be placed on the next agenda for discussion. Mr. D. Wermerskirchen stated that the Downtown Business Coalition concept that was discussed at the last meeting is proceeding. He stated that an organizational meeting has been scheduled for September 18 , 1991 at 12 : 00 noon in the Marquette Bank meeting room. He stated that a number of businesses have expressed interest in participating in the coalition. He stated that he would be happy to report on the meeting highlights at our next meeting. The meeting adjourned at 9: 05 a.m. Barry A. Stock, Recording Secretary 112 Minutes of the ENERGY AND TRANSPORTATION COMMITTEE Regular Session September 18, 1991 Chairman Drees called the meeting to order at 7: 00 p.m. with Commissioners Otto, Kelly, Roman, Stolarcek, Ward, Reinke and Drees present. Commissioners Case and Mars were absent. Barry Stock, Assistant City Administrator was also present. Roman/Otto moved to approve the minutes of the August 21, 1991 meeting as kept. Motion carried unanimously. Mr. Stock stated that the Dial-A-Ride contract with National School Bus expires on April 15, 1992 . He stated that the current contract provides for a three year extension. Mr. Stock shared with the Committee a letter that he has received from Mr. Joe Morley, General Manager for National School Bus with a proposed hourly rate for continued service. Mr. Stock stated that the City of Shakopee currently pays $19. 15 per hour per vehicle. Mr. Morley is proposing that the rate be increased to $22 . 71 per hour per vehicle (an 18 . 5% increase) . Mr. Stock shared with the Committee the impact of accepting Mr. Morley's initial offer. He stated that, based on current ridership data, going to the hourly rate would have a serious adverse impact on our fairbox recovery ratio. Providing service under the proposed rate without increasing Dial-A-Ride fares would place our fairbox recovery ratio well below the Regional Transit Board standard level of 15%. Mr. Stock then stated that Southwest Metro is considering acquiring their own Dial-A-Ride vehicles. If they are successful in their endeavor, it could significantly reduce the cost for Dial-A-Ride service. Mr. Stock noted that he was contacted by the Southwest Metro Transit Commission administrator to determine if the City of Shakopee would be interested in subcontracting Dial-A-Ride service from Southwest Metro. Mr. Stock stated that he responded in the affirmative to this question providing that it would be cost effective and in the best interest of the City. With this in mind, it may be appropriate for the Energy and Transportation Committee to consider negotiating a one year contract extension with a two year option period. This would provide the City of Shakopee with the option to evaluate whether or not it would be cost effective to subcontract with Southwest Metro for Dial-A-Ride service at a later date. Mr. Stock also noted that Southwest Metro was considering contracting for management service for their Dial-A-Ride program. The management portion of the contract would provide Southwest Metro with dispatching services and administration, including drivers selection and payroll processing. Minutes of the Page - 2 Energy and Transportation Committee September 18, 1991 Discussion ensued on the Dial-A-Ride performance. Mr. Reinke stated that he has had several complaints on Dial-A-Ride service. He stated that this may be a factor which has contributed to lower summer ridership levels. Commission Stolarcek stated that she has generally been pleased with the Dial-A-Ride service. Mr. Reinke stated that he believed that the major problem with the provision of Dial-A-Ride service in Shakopee at this time laid in the area of dispatching. He stated that if it had not been for the quality of the drivers that have been working in the Shakopee Dial-A-Ride system for a number of years, that he believed that the ridership would be significantly lower than what we are experiencing. Mr. Stock concurred with Mr. Reinke. Mr. Stock stated that he felt that dispatching was an area that National School Bus needs to improve. Mr. Reinke questioned whether or not staff knew what Roseville and Anoka County were paying to the MTC for their Dial-A-Ride service. Mr. Stock stated that he did not believe that the MTC had contracts for the services mentioned by Mr. Reinke. He believed both systems were provided with service by National School Bus. Mr. Stock stated that he was sure that the price per hour was over what has been proposed by Mr. Morley for the Shakopee service. (Footnote: Following the meeting, staff confirmed the fact that National School Bus is the contractor in Anoka County and Roseville. The cost per hour per vehicle in Anoka County is approximately $24 . 00. The cost per hour per vehicle in Roseville is $26. 00. ) Commissioner Ward questioned how many contracts were being handled by National School Bus dispatchers. Mr. Stock stated that presently the dispatcher designated to the Shakopee Dial-A-Ride program also receive calls from Southwest Metro and Plymouth Metro Link service areas. Mr. Stock noted that there are three dispatchers taking calls from these three transit service areas at this time. Mr. Stock went on to state that there are approximately ten Dial-A-Ride vehicles servicing the aforementioned service areas. Mr. Stock also stated that if Southwest Metro is successful in acquiring their own vehicles, that when the management portion of the contract is negotiated, that we will have more control in determining the geographic location of the dispatching headquarters and also the number of dispatchers needed to adequately handle our service area. Mr. Stock noted that this is possible now but that the cost to have the type of service that we desire is prohibitive at this time, given the fact that we also have to lease vehicles under the contract. Mr. Stock stated that he is proposing that the City of Shakopee counter with a variable rate schedule based on the number of passenger trips provided by National School Bus. Mr. Stock stated that the current average number of passenger trips per hour in our program equates to approximately 3 . 35. Mr. Stock then shared with the Committee the Incentive Variable Rate Program that he has Minutes of the Page - 3 Energy and Transportation Committee September 18, 1991 developed. The rate program has been generally set up to maintain a fairbox recovery ratio of approximately 15%. Mr. Stock stated that the fairbox recovery ratio is important because it is a Regional Transit Board guideline. If we fall below the fairbox recovery ratio for an extended period of time, the Regional Transit Board may impose mandated changes to our program in order to bring up the fairbox recovery ratio. Stolarcek/Roman moved to support the development of an incentive variable rate program with National School Bus on a twelve month basis. Motion carried unanimously. Otto/Stolarcek moved to request staff to continue to investigate the possible subcontract arrangement with Southwest Metro Transit Commission and/or Minnesota Valley Transit Commission if they in fact acquire Dial-A-Ride vehicles. Motion carried unanimously. Mr. Stock shared with the Committee the recycling and transit monthly reports. Mr. Stock also shared with the Committee the new transit brochure that has been designed. Their brochure includes answers to the ten most asked transit questions. Mr. Stock stated that he has received a call from the Workplace, inquiring whether or not the City of Shakopee would be interested in acquiring materials for recycling carts. The Workplace would be interested in assembling the carts for a small fee. Mr. Stock stated that there are presently dollars available from Scott County that could be utilized to acquire recycling carts. The recycling carts have been designed so that the recycling container that Shakopee residents have can be placed on the cart and easily taken to and from the curb. The cost for the materials for the recycling cart are $16. 50 per cart. The assembly cost is $2 . 77 per cart. Mr. Stock stated that he has seen the recycling carts and, in his opinion, they are not very effective. He went on to state that the number of people that would probably have a need for a cart are very few. He stated that since Shakopee has alley collection of recyclables, the majority of Shakopee residents simply keep their recycling container in the alley and dispose of their recyclable materials when they take out their regular refuse. It has been said by some that the recycling carts are beneficial to senior citizens. Mr. Stock stated that, in his opinion, the senior citizens generally have very little refuse to dispose of, let alone recyclable materials. He stated that the amount of recyclables that a senior household generates in a month can be carried out in one grocery bag. Commissioner Stolarcek concurred with Mr. Stock. She stated that while there may be money available at the County for this type of program, she did not believe that it would be a cost effective use of the dollars. She questioned what would happen to the money if it is not used by the City in 1991. Mr. Stock stated that he Minutes of the Page - 4 Energy and Transportation Committee September 18, 1991 believed that the County grant dollars would be carried over into 1992 . Ms. Stolarcek stated that she felt that it would be more beneficial to have the dollars carried over into 1992 to fund programs that have been determined to be effective for the City of Shakopee, such as the Spring Cleanup Day. It was the consensus of the Committee that the recycling cart idea should not be pursued at this time. Reinke/Roman moved to adjourn the meeting at 8 : 30 p.m. Motion carried unanimously. Barry A. Stock, Recording Secretary 10 Arl'o----;',„: 4c...,...., CITY OF SHAKOPEE 410-\-, -av ' l';.q .: INCORPORATED 1870 .44 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 f / `;il ft�, f 4 R 3 September 26, 1991 Mr. Jack Brambilla P.O. Box 37 Shakopee, MN 55379 Dear Mr. Brambilla: Please be advised that the City of Shakopee has been informed by the Minnesota Department of Transportation that the vacation date for your property located at 114 North Holmes Street, has been postponed to March 20, 1992 . I hope that this provides you with more time to find a suitable location for your motorhome leasing operation and auto sales lot in Shakopee. In that vein, I have identified several parcels within the Shakopee City Limits that maybe of interest to you in terms of further evaluation as a possible relocation site. I understand that your development plans include minimum acreage of 7 acres, City water and sewer and highway frontage. All the sites that I have identified meet your location criteria with the exception of minimum acreage in two of the four cases identified. Following is a brief synopsis of each of the parcels identified: - Parcel #1. 5. 17 acre parcel between Raceway Park and Case Power. Zoning - B-1 (highway business) Listing Price: $1. 22 per square foot. Site presently has access to City water and sewer and is accessible by a service road off of Highway 101. Phone: 943-7000. Parcel #2 . Prairie House Addition, 30+ acres. Zoning - B-1. The site is presently served with City water and sewer and is accessible off of Highway 101 with a service road. Price: $2 . 50 per square foot. Property is presently platted and the owner is willing to subdivide the property. The property is not in the flood plain district. Phone: 591-1998. The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER Parcel #3 . Routson Motors Property - 1206 East 1st Avenue - approximately 3 . 2 acres. The site presently abuts Highway 101. I have not been able to determine if the property is presently for sale. According to our records, the property is owned by Dan and Terri Routson. Parcel #4 . Cretex Site - Just West of MN Body and Equipment. 7 . 49 acres. Zoning - B-1. Site presently has access to water and sewer and is accessible off of Highway 101. The property is owned by Cretex Company, Inc. out of Elk River. I have not been able to determine if the property is for sale at this time. I will continue to research the listing status of Parcel #3 and Parcel #4 and advise you accordingly. I have intentionally avoided property along the Southerly Bypass that is presently zoned B-1 due to the uncertain completion date of said roadway. If I can be of any assistance to you in identifying a suitable site for your business, please do not hesitate to call. Sincerely, Kg!Bar y A. Stock Assistant City Administrator Enclosure BAS/tiv MEMORANDUM TO: Mayor and Members of the City Council FROM: Karen Marty, City Attorney DATE: September 26, 1991 RE: Condemnation of Property for the Mini-Bypass This morning I attended the condemnation hearing regarding the State ' s taking of property for the Mini-Bypass. The condemnation hearing proceeded smoothly, and commissioners will be meeting in October to value the property. One surprise occurred, however: The State has changed the taking and vacation dates. Instead of the State taking title on October 31, 1991, it will take title on March 20, 1992 . The date when property must be vacated also was changed, from November 30, 1991, to April 20, 1992 . Many property owners and/or their attorneys, including Jack Brambilla, were present and heard these dates. The State indicated that several property owners were having trouble vacating by the November date, and they had made this change to help the property owners. Signed ? //LA ..,41/ ) Karen Marty, City A -orney KEM:bjm [26MEMO] TENTATIVE AGENDA 49, PLANNING COMMISSION Regular Session Shakopee, MN October 3 , 1991 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7: 30 P.M. 2 . Approval of Agenda 3 . Approval of the September 5, 1991, Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5. 7 : 30 P.M. PUBLIC HEARING: To consider the application for a conditional use permit for mineral extraction and land rehabilitation on a parcel located on Valley View Rd. Applicant: Raymond Ames Action: Conditional Use Permit No. 624 6. 7 : 40 P.M. PUBLIC HEARING: To consider an application to amend the conditional use permit for mining which would allow the applicants to expand excavations to the west side of their property at 6896 Hwy. 101. Applicant: Shiely Company Action: Amend Conditional Use Permit No. 375 7 . 7 : 50 P.M. PUBLIC HEARING: To consider an application for the rezoning of a parcel on County-Rd. 83 (Formerly the Velodrome) from Racetrack (RTD) to Light Industrial (I-1) . Applicants: Larry and Don Link 8 . 8 : 00 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to allow an over-height building to be erected at 800 W. 1st Ave. Applicant: Rahr Malting Action: Conditional Use Permit No. 620 9 . 8 : 10 P.M. PUBLIC HEARING: To consider an application for a renewal of a conditional use permit which would allow the applicant to continued use of a mobile home on his family farm at 2499 Canterbury Rd. Applicant: Sylvester Gerold Action: Conditional Use Permit No. 273 10. VACATION OF CARTWAYS : Make recommendation to City Council on vacation of three cartways. 11. 8 : 30 P.M. PUBLIC HEARING: To consider an amendment to the Shakopee City Code, Section 11.29, Subd. 2 to clarify the terminology in the permitted uses list in Subd. 2 .A. 12 . DISCUSSION: Rezoning - 5th Avenue and Market 13 . Other Business a. NBZ - Status Update b. Florence Greening - Alley in Block 42 Study c. Preliminary Draft - SW Trail Plan d. 14 . Adjourn Lindberg S . Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. l3 TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN October 3 , 1991 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of September 5, 1991, Meeting Minutes 4 . Recognition by Board of Adjustments and Appeals of Interested Citizens. 5. Other Business a. b. c. 6. Adjourn Lindberg S. Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 1, 1991 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of the Minutes of September 3 , 1991 10] Communications: 11] Public Hearings: a] 7 : 00 p.m. - Appeal from Board of Adjustment and Appeal ' s decision on variance requests by Nancy Lee and Patrick Blood b] 7 : 30 p.m. - Proposed assessments for the Bluff Avenue roadway improvements between Naumkeag and Marschall, Project 1990-7 - Res. No. 3475 c] 7 : 45 p.m. - Proposed assessments for the Shumway and Scott Street roadway improvements, Project 1991-1, Res. No. 3474 12] Boards and Commissions: Planning Commission: *a] Eagle Creek Junction 3rd Addition - Request for appraisal in order to establish park dedication fee CDC/Downtown Committee: b] Downtown Parking Analysis TENTATIVE AGENDA October 1, 1991 Page -2- 13 ] Reports from Staff: *a] Application for Wine and 3 . 2 Beer Licenses - Shakopizza, Inc. , dba/Broadway Station, 483 So. Marschall Road b] Eagle Creek Junction 3rd Addition - Public Works Construction *c] Approval of Bills in Amount of $169, 801. 43 d] 5th Avenue Improvements, Prject No. 1989-4 e] Awarding Bid on JEJ Parking Lot, Basketball Court and Bike Trail 14] Resolutions and Ordinances: *a] Res. No. 3473 - Awarding Bid on 1991 Sidewalk Replacement Project No. 1991-7 *b] Res. No. 3472 - Appointing Judges of Election *c] Res. No. 3476 - Certifying Delinquent Storm Drainage Bills *d] Res. No. 3477 - Certifying Snow Removal Costs *e] Res. No. 3478 - Certifying Weed Cutting Costs 15] Other Business: a] b] c] 16] Adjourn to Tuesday, October 15, 1991, at 7 : 00 p.m. Dennis R. Kraft City Administrator REMINDER: October 8 , 1991 - Committee of the Whole October 22 , 1991 - Committee of the Whole TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting October 1, 1991 1 . Roll Call at 7 : 00 P.M. 2 . Approval of the September 3 , 1991 Meeting Minutes 3 . 5th Avenue/Market St. Zoning Analysis 4 . Other Business a) b) 5 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF SHAKOPEE HOUSING AND REDEVELOPMENT REGULAR SESSION SHAKOPEE, MN SEPTEMBER 3 , 1991 Chairman Zak called the meeting to order at 7: 15 p.m. with Comm. Vierling, Clay, Sweeney and Wampach present. Also present were Dennis Kraft; City Administrator; Barry Stock, Asst. City Administrator; Dave Hutton, City Engineer; Karen Marty, City Attorney; and Judith Cox, City Clerk. Vierling/Clay moved to approve the minutes of August 6 and August 20, 1991. Motion carried unanimously. Sweeney/Vierling offered Resolution No. 91-3 Amending the 1991 HRA budget, and moved for its adoption. Motion carried unanimously. Chairman Zak said an analysis of the 5th Avenue/Market Street Land Use (Zoning) Issues will be presented at the next HRA meeting. Clay/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 7: 17 p.m. Dennis Kraft, Executive Director Carol L. Schultz Recording Secretary 3. MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Barry Stock, Assistant City Administrator RE: Market Street / 5th Avenue Zoning Analysis DATE: September 24 , 1991 INTRODUCTION: The purpose of this memo is to provide information regarding the potential for rezoning property along the abandoned railroad line from R-2 , urban residential, to a higher density. The City currently owns several parcels in the 5th and Market Street area. Promoting the development on these and other properties in the area has been a challenge for both the City and developers. At their September 3 , 1991, meeting, the Shakopee Housing and Redevelopment Authority (H.R.A. ) directed staff to research development options in terms of zoning for the area in question. BACKGROUND: The City recently acquired property adjacent to the 5th and Market Street Project. The Shakopee Housing and Redevelopment Authority also owns property just east of Market Street. When land use alternatives are analyzed, it is important to take a comprehensive look at the overall land use of property within close proximity to the 5th Avenue and Market Street project. The property area evaluated in this analysis is shown on Exhibit A. The property owned by the H.R.A. has been shaded. The abundance of sidewalks in the area, and its close proximity to two business districts, makes the area very attractive for residential development. The following chart provides the number of acres of vacant, residentially zoned land within the MUSA: R-2 R-3 R-4 264 Acres 21 Acres 120. 5 Acres This illustrates the abundance of vacant land which is currently zoned for single family (R-2) and multi-family residential (R-4) development. It also provides evidence of the scarcity of vacant land zoned for medium density (R-3) development. LAND OWNERSHIP PATTERN: The majority of the property within the area in question was platted in a grid pattern. However, the existance of the Chicago Northwestern Railroad in the area caused a diagonal land division through the subject property. When the railroad was abandoned, the City declined to purchase the Right-of-Way, and, in most cases, it was acquired by the adjacent property owners. As a result, the subject site contains few through roadways, and a number of triangular shaped parcels. The Marschall Road business corridor is located to the east of the study area. This area is zoned Community Business (B-2) and Multi- Family Residential (R-4) . The draft Comprehensive Plan designates 4th Avenue as a Collector Street. This being the case, staff believes that single family housing developments to the south of 4th Avenue should be buffered from 4th Avenue with either commercial development or housing of a higher density. This is a normal and customary planning practice. Since the area to the south of 4th Avenue is currently occupied primarily by single family residential homes, staff believes zoning of a higher residential density would be more appropriate than commercial zoning. The study area is located to the east of Shakopee ' s Central Business District and the proposed Institutional Office Housing Zoning District. East of the study area is the Marschall Road Business Corridor. The completion of the Hwy 169 mini-bypass will cause the Central Business District (B-3) to shift two blocks to the east, toward the study area. This shift will occur as a result of a change in the street patterns. (Spencer Street has been identified as a new north/south collector. ) The Institutional Office Housing District (IOH) , proposed in the draft Comprehensive Plan, will be located to the south of the downtown. The identification of Spencer Street as a collector will also shift the IOH District two blocks east. The eastern edge of this district will then be adjacent to City owned property within the study area. This district is intended to include a compact arrangement of public buildings, such as the Scott County administrative offices and courts, County Library, and the Shakopee Public Schools Administration, as well as residential homes and private offices. With these factors in mind, Staff has prepared a map. (See Exhibit B. ) Property owned by the City has been shaded. This map illustrates a possible rezoning alternative that would serve to enhance the development potential of the area in question and address present and future land use issues given the transportation plan and development constraints that exist within the subject area. DISCUSSION: The draft Comprehensive Plan has designated that the majority of the vacant land within the study area be used for single family residential housing. However, the Comprehensive Plan did not recognize the development constraints. Several developers have independently attempted to initiate development in the study area in the past, but the area' s triangular shaped parcels, bedrock, and lack of through streets, have adversely prevented development from occuring. The study area is currently zoned R-2 , urban residential . The purpose of R-2 zoning is "to allow the continuation of existing residential development, and infilling of existing lots in the older residential areas of the City where central sewer and water systems are available. " Urban residential zoned areas of the City permit both single family detached residences and two family residences. Rezoning can be initiated by either the land owner, the City Council, or the Planning Commission. There are two options available to the City in the rezoning of these residential properties in the study area to a higher density. The area could be rezoned to either R-3 (medium density residential) or R-4 (multi-family residential) . R-3 , MEDIUM DENSITY RESIDENTIAL: The purpose of medium density residential zoned property is "to provide a district which will allow mid-density residential dwellings, and also function as a transitional area between single family residential areas and other land uses of commercial, industrial, or multi-family. " The R-3 district permits residences with between one and four units. Multi-family dwellings and townhouses with five or six units are permitted with a conditional use permit. R-4 , MULTI-FAMILY RESIDENTIAL: The purpose of multi-family residential zoned property is "to provide a district which will allow multiple-family dwellings where property related to other land uses, and adequate transportation services exist. " The R-4 district permits one and two family residences, townhouses, and multiple dwelling unit structures under thirty (30) feet in height. Multiple dwelling units over thirty feet in height are permitted with a conditional use permit. On September 18 , 1991, the Community Development Commission reviewed the land use proposal outlined herein and moved to recommend to the Planning Commission that they consider initiating a rezoning of the property within the study area, as proposed by staff. ALTERNATIVES: 1. Leave the Study Area Zoned R-2 (Urban Residential) . (Do nothing. ) 2 . Move to direct the appropriate H.R.A. Officials to submit a letter to the Planning Commission requesting that they consider initiating a rezoning of the study area to R-3 (Medium Density Residential) , with a small portion to be rezoned to R-4 (Multi-Family Residential) . 3 . Move to direct the appropriate H.R.A. Officials to submit a letter to the Planning Commission requesting that they consider initiating a rezoning of the entire study area to R-4 (Multi-Family Residential) . 4 . Direct Staff to conduct further study on the area under consideration for rezoning. STAFF RECOMMENDATION: Staff recommends Alternative No. 2 . ACTION REQUESTED: Move to direct the appropriate H.R.A. 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'' - / 4 I 1 i I I •,.0 ,, r -- --- '-1 4 1 • ',.V-,7"; ;,; .., • . , . • i -.,/ '• ...-.....1 • I 44: ..lool......-1. b . • . I I . . il,. ,, /.. -oat.. & , OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MN SEPTEMBER 3, 1991 Mayor Laurent called the meeting to order at 7:00 p.m. with Vierling, Zak, Clay, Sweeney and Wampach were Dennis Kraft, Cncl. City Administrator; present. Also presenty Administrator; Dave Hutton, Barry Stock, Asst. Cit Attorney; and Judith S. City Engineer; Karen Marty, Y Cox, City Clerk. City The following item was added to the agenda: 2.5 - Bob Ostlund, Shakopee School District Sweeney/Vierling moved to approve the agenda as amended. Motion carried unanimously. Bob Ostlund, Shakopee School District was present to address the council on a strategic planning process the school is working on. He stated that a team consisting of 25 individuals has come up with goals on what they want the schools to be like in the Shakopee area, focusing mainly on "what" not "how". ks to the council and asked the council members �if they woue broht ld lookheets at the different areas involved and give some feedback b and creating a vision for schools into the 21st century. Mayor Mayor Laurent called a recess for the Housing and Redevelopment Authority meeting at 7: 15 p.m. Mayor Laurent reconvened the City Council at 7:18 p.m. Liaison reports were given by Councilmembers. Mayor Laurent read the Mayor's report. Mayor Laurent asked if there was anyone from the audience who wished to address anything not on the agenda. Lavina Schmitt, 503 E. 5th, and Renee Layman, 815 E. 5th, addressed the Council on the use of the life traps within the City limits of Shakopee. They said they have seen a few live traps set on lawns to trap squirrels and rabbits. They had a concern that these animals were being used for food. They asked the Council if there was anything that could be done as far as setting an ordinance restricting live trapping unless a special permit was obtained. Discussion ensued on the jurisdiction being with the DNR and not the City. The City Attorney said she believes that the State has regulatory control in this area. The Council advised Ms. Schmitt and Ms. Layman to contact the Society for the Prevention of Cruelty to Animals (SPCA) and to keep contacting the DNR until they could get some help in this matter. September 3, 1991 City s of the Page -2- Shakopee City Official Proceedings The following item was added to the consent business: 12g - Shakopee bypass - informational. Vierling moved to approve the consent business as amended. Sweene y/ Motion carried unanimously. openedMayor the public hearing to consider the making of improvementsLaurentbyreplacing sidewalks within the area South of 4th ue, West voted to Hutton Avenue, West of Lewis Street and a°Councillpreviously• Dave Hut on have reviewed the issue saying that th 50% of the cost assessed to property owners with the remaining 50% paid by the City. The improvements recommended were to only ged and replace the parts of the sidewalk which are dbea done thismyear,Ybe a hazard. Only a portion of the city a roximately 40 property owners have been notified and are mainly PP .50 and located on 5th and 6th Avenues. T eout today, work will be done in $3 . 00 per square foot. Bids will go October and it will take approximately 2 to 3 weeks to complete. Mr Hutton stated that there will sidewalks constructed. Mayor Laurent read a letter into the record from John Lang stating Mayor Laurent asked if there that he did not want any sidewalk. May was anyone from the audience who wished to address this issue. Mrs. Ted Neisen, 238 W. 5th, said that people from the City came twice, she knew what they were doing and appreciated being informed. Mayor Laurent closed the public hearing at 7:55 p.m. m prvem Zak offered Resolution No. 3458, A Resolution Ordering an Improvement and Authorizing Advertisement Pro�Project No. tfor 1991 7Bids for the and moved for991 its Sidewalk Replacement Program, adoption. Motion carried unanimously. Dave Hutton reviewed the request Brun down to serve Francis a hospital iteitsouth for on sewer and water linebefore Marschall Road. He said the the MUSA line issue.sue that needs t The areabe lisdlocated this could be decided e outside the MUSA line and it cannot MUSA beserved Anotherhissue that needs ut an amendment to the Comp Plan extending propertycan be served by the to be resolved is whether or not this said that there is a chance it VIP interceptor. Cncl. Vierling could be tied in with ihebehresolved isa eptor in the by trading landrinsidetthe May this could possibly present from the hospital to address MUSA line. Mr. Leivermann was this issue. He said the board has set a goal to have the new hospital done by 1995 . Discussion ensued on whether or not it would be advantageous to go ahead and s the the Mete Council will amend the Comprehensive Plan extending was to get additional information on the amount of staff, time and Official Proceedings of the Shakopee City Council September 3, 1991 cost to re Page -3- quest an amendment to the Comp Plan to extend the MUS,. line to include the hospital site. Sweeney/Clay moved to table the re to extend sewer and water lines to their new site Francisest from St. ndg Hospitalrt from Mr. Kraft. Motion carried unanimously. Pending a report Mayor Laurent called a 10 minute recess at 8 : 28 p.m. Mayor Laurent reconvened the City Council at 8 : 35 p.m. Barry Stock reviewed the new law that the 1991 legislature has passed regarding an attempt to end the wide spread problem of people free loading by dumping their garbage in other bins. He said it attempts to require every resident ofetheeCityato have garbage collection service. oY the ways this be reached is to move towards a closed refuse collection coulsystem, whereby the residents would be automatically billed by the City for garbage collection from a city appointed collector. There discussion on the possibility of collectors reporting to the City who their customers are if the City didn 't go to a closed system. Cncl. Clay said he favors the closed collection system. He feels it would eliminate a lot of work involved in cross referencing with multiple collectors. When a resident does not have garbage collection service, the City Attorney recommended the City gotoa "you pick one or the City will assign one" system. Vierling/Zak directed staff to prepare an ordinance requiring a license to collect solid waste and to include a fee only to cover City costs to implement the State mandate. Vierling/Zak moved to amend the motion to include in the ordinance a mechanism to handle gaps, as suggested by the City Attorney. [if a resident doesn 't subscribe for refuse collection, the City will select a service and bill the resident]] Motion carried Motion carried unanimously on main motion as amended. Sweeney/Vierling moved that the appropriate ty officials authorized to solicit requests for proposals forlrefu e/recyclinng collection service. Motion carried unanimously. Sweeney/Vierling moved to table the applications from Dangerfield 's Restaurant, Inc. , 1583 East First Avenue, for on sale and Sunday intoxicating Liquor licenses. business) . (Motion approved under consent Sweeney/Clay offered Resolution No. 3459 , A Resolution Amending Resolution No. 3309 Adopting the 1991 Budget, and moved for its adoption. Motion carried unanimously. September 3, 1991 OffProceedings of the page -4- Shaicieeal City yeCoungcil Shakopee City rlin moved to approve the bills in the amount of $93 , 119 . 16e Motion approved under consent business) . $93 , 119 . 16. ( rite City staff to Sweeney/Vierling moved to authorize the approp tote construct the utilize Plehal Blacktopping of Shakopee, cost not ous trail at O'Dowd Park for an estimated i n approved to exceed $ ,999.000 using b149n the Park Reserve Fund.$14 ,9 consent business) . eron and Wampach moved to utilize Orr-Schelen-May Sweoney/ provide the design phase for the swimming pool improvements at a cost not to exceed $14 ,390.00. Motion carried unanimously. Sweeney/Clay Clay moved to have the swimming pool expenditures come out othe the Park Reserve Fund. Motion carried unanimously. Csuggested obtaining additional proposals for engineering ngSweeney nsultant services. engineering Sweeney/Vierling moved to place on file the letter fromthat of thy C. Jothe proposed MnDOT, dated August 21, 1991 notifying hnson, P.E. ,lettings for the Shakopee Bypass have been delayed. th (Motion approved under consent business) . Sweeney/Vierling offered Resolution No. 3457 , A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Bluff Avenue, e,anBetween moveMarc for all Road oadiand Naumkeag Street, Project No. 1990-7 , (Motion approved under consent business) . Sweeney/Vierling offered Resolution No. 3460, a Resolution Declaring the Costs to be assessed and Ordering the Preparation rerof 3rd Proposed Assessments for Shumway Street, Project No. 1991-1,hAnnnue and Scott Street, 6th Avenue to 7th roved under consent business) . enue,moved for its adoption. (Motion app Mayor Laurent adjourned the meeting to September 17 , 1991, at 7: 00 p.m. Meeting adjourned at 9: 30 p.m. IAJAA4.,-<)j 01)t — % I yr ith S . Cox ty Clerk Carol L. Schultz Recording Secretary 10/1/91 presented to City Council September 24, 1991 To: Honorable Mayor, Mr-_ Gary Laurent City C=:ourici 1 Members City of Shakopee, Minnesota PETITION This petition is directed to the property owners and occupants, located in the Valley Green Business Indus now Minnesota. It is a request for their signatures, that theyFf Shakopee, objections to the Br-ambi 1 la Motor Homes, have e, for thirty two now located i r-, Shakopee, Years, to be relocated in Valley Green Business Industrial Park, on the corner Valley Industrial Boulevard North and Valley Park Drive_ Their new location to be the franchised dealer for the Winnebago Motor Homes_ Building to be approximately 38, 000 square feet_ BUSINESS- SIGNATURE= DATE: 4.1.A/„..-__m_my &iy .5b '41._ 40 _401141 _,FAI V,477 yy - (i, /,./ .. --_,q/ VW9fC.;&....&42.. ..c..04 .4.01.2$,L-44 t _______Lt t_ I 0 IIXITI V _.. — ,/M`?( .r. 411,41r - 7/30/w 3.-- .1 4w., /.4.47e.,,A 4 /0/2, x. z-� l/'.. 4( %4 ,a September- 24, 1991 To: Honorable Mayor, Mr. Gary Laurent City Council Members City of Shakopee, Minnesota PETITION This petition is directed to the property owners and occupants, now located in the Valley Green Business Industrial Park, Shakopee, Minnesota_ It is a request for their signatures, that they have no objections to the Brarnbilla Motor Homes, now located in Shakopee, for thirty two years, to be relocated in Valley Green Business Industrial Park, on the corner Valley Industrial Boulevard North and Valley Park Drive_ Their new location to be the franchised dealer for the Winnebago Motor Homes. Building to be approximately 38, 000 square feet. GU .NESS: ,G�VATUI DATE: / / ---.0 Q/a-'L , - - 4 4„2.6- 297 111101r1 OP,Z. ,/ # d_/- G� ?/ " /�1 �,1 . 1 I 444 A f I°' 4. 6. 9/ I 1, al ` -prb.;4-- p6f977 •--....L.)---1 L,� ,rte C� -i-�. c� ` h�I � / _ I n cAu 1*- gS inc . �irl , • -1.- C/ c----' _. ,-, ,7;4 ' r:JC1(6tc70479.C-At.-5 ilr- ..121iZ9Z--) (,,___ ,K___ __,Q__, (r 6-?-6 ---L, -/- ----- .:A_____ Ol _-- /___7 , eau,-c s,q-( /1") 7 25 / / ; �: _. Ly rie Gt-ic E 6 ijo/vc . ../vsce,417,e(2".1 " API,A111410" 1/...Vc/9/ vn AMMIE..*,,,,.,I .1 2:A._.,OP 14,:r ()X ligir40,...,-__....... iay, 4 0,it ,,/ „ -i !�L_ --- .rttLGl� "Y 1/ /Ii MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Appeal of Variance Resolution No. PC-621 Nancy Lee and Patrick Blood DATE: September 27, 1991 INTRODUCTION: On September 5, 1991, the Shakopee Board of Adjustment and Appeals approved Variance Resolution No. PC-621, a 7, 560 square foot variance from the required lot size of one acre in the Heavy Industrial District (I-2) . The applicants would need to amend their application from four variances to one variance in order to use the approved Variance Resolution No. PC-621. The applicants are appealing the decision by the Board to deny their request of four variances. By their action of approving one variance (which would allow all four lots owned by the applicants to be consolidated into one lot) the Board intended to deny the four variances requested by the applicants. BACKGROUND: Attached is a copy of the appeal letter from the applicants, the minutes from the September 5, 1991 Board of Adjustment and Appeals meeting and the Board of Adjustment and Appeals staff report. In order to build the two new buildings as proposed by the applicants and to retain the use of the nonconforming residence on the I-2 zoned site, four variances would need to be approved. Two lot size variances, a lot width variance and a side yard setback variance would be required. DISCUSSION: The Board of Adjustment and Appeals was presented with the following three alternatives: 1. Deny all four variance requests. 2 . Approve any or all of the following four variances requested: (a) Minimum lot area for proposed eastern lot. (b) Minimum lot area for proposed western lot. (c) Minimum lot width for proposed western lot. (d) Minimum side yard setback on the proposed western lot. 3 . Ask the applicants to amend their application to request one variance, which would allow the four lots to be combined into one lot. The variance would result in one lot, which would be 83 percent of the required lot size. The applicant would be able to construct an industrial building as regulated by the setbacks. The new building would be constructed at a greater distance from the residential area to the south. After reviewing the alternatives and the criteria for granting variances the Board of Adjustment and Appeals approved Variance Resolution No. PC-621 (alternative 3) . This alternative granted one variance. The reason for their decision is that the approval of Variance Resolution No. PC-621 would result in one lot which would be 83 percent of the required lot size, and would be the minimum variance which would alleviate the hardship. The applicants would be able to construct an industrial building as regulated by the setbacks, and the new building could be constructed at a greater distance from the residential area to the south. Reasonable use of the property can be made with this one variance. Reassembly of the four lots into one lot also allows the retention of the residential use with the proposed industrial buildings. Although the applicants have stated that this is a workable design concept for their business, it does not meet their financial funding situation. The applicants are applying for a loan through the Small Business Administration (SBA) . The SBA will not allow the applicants to join the lots together since the house has a previous mortgage. The identified hardship is an economic consideration and the Zoning Ordinance does not provide for the issuance of a variance because of an inability of the applicant to obtain financing. Although it is clear to staff the Board intended to deny the four variances requested by the applicants, the Board did only grant one variance. Inaction by the Board on the four variances requested by the applicant is tantamount to denial . The City Council may wish to direct the Board to take a final action at its next meeting to clarify its position. ALTERNATIVES: 1. Deny the request by the applicants to reverse the Board' s decision and sustain the action of the Board to approve one variance. 2 . Approve the request by the applicants to reverse the Board' s decision and approve the variances as requested by the applicants. 3 . Direct the Board to make a formal action on the applicants ' request for the variances as applied for. BOARD OF ADJUSTMENT AND APPEALS ACTION: The Board of Adjustment and Appeals Variance Resolution No. PC-621, which approved one variance which would allow all four lots, owned by the applicants, to be combined into one lot with the applicants amending their application. ACTION REQUESTED: Offer and approve a motion for approval of Variance Resolution No. CC-621, a Resolution which denies the applicants ' request to reverse the Board of Adjustment and Appeals ' decision to deny the four variances requested. The Resolution also sustains the action of the Board to grant one variance which would allow the four lots to be consolidated into one lot. RESOLUTION NO. CC-621 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DENYING FOUR VARIANCES AND SUSTAINING THE BOARD OF ADJUSTMENT AND APPEALS ' DECISION TO GRANT ONE VARIANCE WHEREAS, the owner has filed an application dated August 9, 1991, for four variances under the provisions of Chapter 11, Land Use Regulation (Zoning) , of the Shakopee City Code, Section 11.04, Subd. 5, for two variances to the minimum lot area, a variance to the minimum lot width, and variances to the side yard setbacks; and WHEREAS, this parcel is presently zoned I-2 , Heavy Industrial; and WHEREAS, the property upon which the request is being made is legally described as: Lots 6, 7, 8, and 9, Block 42, City of Shakopee Plat; and WHEREAS, notice was provided and on September 5, 1991, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which time it heard from the City Planner and invited members of the public to comment; and WHEREAS, the Board of Adjustment and Appeals voted to approve one variance from the required lot size; and WHEREAS, a written appeal was filed with the City Administrator within seven days of the Board of Adjustment and Appeals action; and WHEREAS, the City Council has reviewed the application, the record before the Board of Adjustment and Appeals, and the Board's action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the request by the applicants for four variances including two lot size variances, a lot width variance and a side yard setback variance is hereby DENIED for the reason that the conditions required for approval do not exist, including the following specific reasons: 1. The variance requested is not the minimum variance which would alleviate the hardship. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this 1st day of October, 1991. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney A1-1-a CH MrrJT September 10 , 1991 City of Shakopee City Administrator Dennis Kraft Mr . Kraft , This letter is to appeal the decision made by the Board of Adjustment , Thursday 9/5/91 , on our variance requests . We had found that our house exceeds one of our lot lines by 1 .13 feet . We requested to simply move our lot line over by 1 .13 feet . We were told by Lindberg Ekola , City Planner , that we could NOT do this , and had to go through the variance and lot split procedures . On Friday 8/9/91 at 10 :30 am , we met with the following City of Shakopee personnel : City Planner ; Lindberg Ekola , City Attorney ; Karen Marty , Asst . City Administrator ; Barry Stock , our Attorney; Patrick Leavitt , and ourselves . Based on information given to us at this meeting , we were told what options we had and would need to follow . We were told that we would need to split our 4 lots into 3 lots , and request the variances as listed in our variance request . Lindberg also assured us , in no uncertain terms , that his commission would "RECOMMEND APPROVAL" of one variance to build on an undersized lot , but had to think about the second such variance . At 11 :00 , 9/5/91 , the day of the Adjustment and Appeals meeting , Lindberg called us in to meet with him , as he wanted to go over changes on our variance request . He added an entirely new scenario , of which we had no desire or time to pursue . At the Adjustment and Appeals meeting , Lindbergs ' request was accepted , and ours was neither accepted or rejected . Our request is simple . Legally move our lot line over by 1 .13 feet , and allow us to build on .an undersized lot , as we were originally told we could do . Thank you for your time and consideration . Sincerely , Nancy Lee - �,(� - =J . 3. A fi T-A BOARD OF ADJUSTMENT AND APPEALS Shakopee, Minnesota Regular Session September 5, 1991 MEMBERS PRESENT: Joos, Kahleck, Lynch, Mars, Allen, and Spurrier MEMBERS ABSENT: Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Dave Hutton, City Engineer Aggie Unze, Recording Secretary I. ROLL CALL Chairman Joos called the meeting of the Shakopee Board of Adjustment and Appeals to order at 7 :35 p.m. Roll call was taken as noted above. II . APPROVAL OF THE AGENDA The agenda was approved as presented. III. APPROVAL OF AUGUST 8 , 1991 MEETING MINUTES The meeting minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chairman Joos recognized anyone present in the audience wishing to speak on issues not on the agenda. There was no response. V. PUBLIC HEARING: NANCY LEE/PATRICK BLOOD VARIANCE RES . NO. 621 Chairman Joos opened the public hearing to consider an application for several variances to required lot size, lot width and side yard setbacks, in order for the applicants to construct two buildings in which to operate a recycling business at 718 W. 3rd Avenue. Mr. Ekola, the City Planner, presented the report. He stated that Nancy Lee and Patrick Blood have submitted a variance application and an application for an Administrative Lot Reassembly. The applicants presently own four lots, zoned I- 2 , with their residence and a small garage located on the center lots . The applicant wishes to reconfigure the f' ul lots into three. The proposed lot split would separate thE. house and the two new buildings on different lots. Minutes of the Page - 3 Board of Adjustment and Appeals September 5, 1991 Commissioner Spurrier questioned whether recycling is a permitted use in the I-2 zone and requested clarification of parking stalls and sizes on the site plan. The City Planner affirmed that the proposed recycling business is a permitted use in the I-2 district. He also stated that the parking can be shared between lots but hesitates to encourage that for fear one lot is sold off later, leaving the other with inadequate parking. As far as the vehicle circulation space, 24 ' is the suggested amount of space behind the parking stalls . However, the ordinance does not specifically require it. Commissioner Mars stated opposition to the request due to the fact that 3/4 of the property will be under variances. He felt now should be the time to correct some of the violations showing on the survey. Ms. Lee explained the parking stalls shown on the site plan and stated she was willing the change them to the Board ' s wishes. She went on to suggest that some exclusion clause be added to the variance to allow them to split lots now and later combine all lots into one. Mr. Ekola noted that there is no legal measure available to the City to insure that the lots will be reassembled at a later date. Chairman Joos closed the public hearing. MOTION: Kahleck/Allen offered Variance Resolution No. 621, allowing one 7 , 560 square foot variance from the required lot size of one acre with amendment of the application by the applicant. VOTE: Motion carried unanimously. Chairman Joos informed the applicant of the seven day appeal process to the City Council. VI. PUBLIC HEARING: MARK J. WEINANDT VARIANCE RES . NO. 619 Chairman Joos opened the public hearing to consider a variance request from the minimum lot •size for a property located on County Rd. 17 , 1/2 mile south of County Rd. 42. Terrie Sandbeck, the Assistant City Planner, reviewed the request of Mark J. Weinandt, the applicant. She explained that Mr. Weinandt is processing a plat to combine two small lots into one. This plat will be reviewed by the Planning Commission later this evening. The lot resulting from this plat measures only 1. 28 acres . The Rural Residential (R-1) Zone requires lot sizes to be 2 1/2 acres. Therefore, the applicant is requesting a 1. 22 acre variance in order to place a residence on the property. Ms . Sandbeck also noted that the A-1 -T4-t 1 3 _ CITY OF SHAKOPEE INCORPORATED 1870 AGENDA NO. 5 STAFF REPORT • MEETING DATE: September 5, 1991 RESOLUTION NO. : PC-621 PREPARED BY: Lindberg S. Ekola, City Planner APPLICANT APPLICABLE PROVISIONS• Chapter 11, Section 11.4, Subd. 5 PROPOSAL: The applicants are _requesting several variance from the required lot size, lot width and side yard setbacks. LOCATION• 718 West Third Avenue APPLICANT: Nancy Lee and Patrick Blood SITE DATA ZONING• Heavy Industrial (I-2) ACREAGE: West lot - . 243 acre; East lot - .757 acre MUNICIPAL UTILITIES: Yes ADJACENT ZONING 1-2 Industrial AND LAND USE: N- S_ R-2 Single Family E- R-2 Single Family W- 1-2 Industrial • CONSIDERATIONS: 1. The applicants have submitted a variance application to allow the construction of two new buildings on their property. The subject site is zoned Heavy Industrial (I-2) . Attached is the area zoning map and the 1-2 district regulations (Exhibit A) . 2 . The applicants also have submitted an application for an Administrative Lot Reassembly. They are proposing to reassemble the four platted lots into three lots. Exhibit B is a copy of the proposed site plan. 3 . Exhibit C illustrates the locations of the existing structures on the subject site and the four existing lots, owned by the applicants. The existing house is a nonconforming use in the I-2 district. Both the house and garage are located on interior lot lines. The cover letter from the applicants and their building plans also are attached with Exhibit C. 4 . The alley shown on Exhibit B was vacated in 1968, providing an additional 8 ' of depth to the original lots. 5. The four lots have been zoned industrial at least since 1979, according to the City' s zoning maps. The property was zoned residential in 1965 . 6. The applicants own 36, 000 square feet (150 'x 240 ' ) of property. Even if all four lots were combined into one lot, the minimum lot size requirement of one acre (43 ,560 square feet) could not be met. 7. The applicants propose to operate their recycling business in the two new buildings. A recycling business is a permitted use in the I-2 district. They are proposing to build their operation in phases. 8 . The Zoning Ordinance requires four off-street parking spaces plus one space per 800 square feet of net floor area for fabricating and processing uses. The required parking for the proposed west building would be 9 spaces (45 'x 82 ' ) and 8 spaces (36 'x 82 ' ) for the east building. On the site plan (Exhibit B) the applicants have not provided an adequate design for the required parking. No driveways have been shown on the site plan, and all maneuvering areas for vehicles behind the parking spaces need to be a minimum of 24 feet in width. The south half of the vacated alley cannot be used for access, since it is owned by the property owners to the south. 9 . The applicants would like to remain living in their home, which is located on the middle lot on Exhibit B. The proposed lot split would result in separating the house and the two new buildings on different lots. 10. The applicants met with City staff last year to discuss their proposed development. At that time the minimum lot size requirement was accidentally overlooked. The original sketch presented by the applicant depicted the existing house as being located on only one lot. The applicant and staff assumed the existing house was located entirely within Lot 8 . Had that been the case Lots 6 and 7 would have been available for development. The applicants indicated they intended to develop a building on lots 6 and 7, and later tear down the house for additional development space. Had the house been fully on lot 8 , an 82 'x 55 ' building could have been constructed. Staff is supporting a variance from the minimum lot size only. This would be consistent with Criteria #5, which states that "The variance requested is the minimum variance which would alleviate the hardship". 11. In order for staff to approve the requested lot reassembly and the two building permits, four variances would be required. They include: West Building A. Variance from the minimum lot area requirement of 1 acre in an I-2 Zoning District for the proposed west lot. The proposed lot area for the west lot on Exhibit B measures only . 243 acres. A lot size variance of .757 acres is being requested. B. Variance from the minimum lot width of 100 ' in an I-2 Zoning District. The width of the west lot on Exhibit B measures only 74 .7 ' . A lot width variance of 25. 3 is being requested. C. Variance from the required 15 ' side yard setbacks in an I-2 Zoning District. The applicants would like to reduce the setbacks on both sides of the west building on Exhibit B to 10 ' . They are requesting two 5 ' variances to the side yard setback requirement. East Building D. Variance from the minimum lot area requirement of 1 acre in an I-2 Zoning District for the proposed east lot. The lot area for the proposed east lot on Exhibit B measures only . 357 acres. A lot size variance of .643 is being requested. 12 . As shown on the site plan (Exhibit B) the building to the west overlaps the west property line of the subject site. No setback has been provided on this parcel . The purpose of the side yard setback requirement is to provide adequate distances between building for circulation, fire safety and aesthetic purposes. 13 . Upon further research of the Zoning Ordinance a residential accessory use is permitted in the I-2 district. If the applicants are willing to amend their application for one variance from the minimum lot area requirement, staff would be more supportive of this request. This alternative would require the four lots to be combined into one lot and the house could be retained on the one lot as an accessory use. The one variance request would be in compliance with Criteria #5. FINDINGS: Criteria #1 Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this Chapter have had no control . Finding #1 These lots were zoned for residential use up until 1979, when they were rezoned to I-2, Heavy Industrial. This action increased the required lot dimensions and setbacks, resulting in four non- conforming lots. Criteria #2 The literal interpretation of the provisions of this Chapter would deprive the applicant of right commonly enjoyed by other properties in the same district under the terms of this Chapter. Finding #2 The literal interpretations of the provisions of this Chapter would deprive the applicant of the ability to develop this property in conformance with the permitted uses of the Heavy Industrial Zone. Without the reassembly of lots, development is essentially prohibited by the I-2 district requirements. Criteria #3 That the special conditions or circumstances do not result from the actions of the applicant. Finding #3 The applicant purchased these lots in 1990, and was not responsible for the rezoning of the property, or its current nonconforming use. When the City rezoned these four lots, the result_ was four nonconforming lots, along with a nonconforming use on one of the lots. Circumstances are being created by the applicant in that they are requesting to build two new buildings on substandard lots. The two buildings will expand the current use of their property. The applicants are requesting to build into the side yard setbacks in order to build the size of building they desire. Criteria #4 That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. Finding #4 The granting of the variances will allow the applicant to develop three undersized I-2 lots. Criteria #5 The variance requested is the minimum variance which would alleviate the hardship. Finding #5 The minimum variance to allow development would be a variance from the minimum lot area. All four lots could be combined for the largest possible lot. Criteria #6 The variance would not be materially detrimental to the purposes of this Chapter, or to the property in the same zone. Finding #6 What the applicants are proposing on the site is too intense and close to the adjacent single family residential land use. If the applicants were willing to amend their application for one variance allowing the combination of the four lots into one, staff would be more supportive. This variance would be more consistent with purposes of the intent of the Code. ALTERNATIVES : 1. Deny all four variance requests. 2 . Approve any or all of the following for variances requested: (a) Minimum lot area for proposed eastern lot. (b) Minimum lot area for proposed western lot. (c) Minimum lot width for proposed western lot. (d) Minimum side yard setback on the proposed western lot. 3 . Ask the applicants to amend their application to request one variance, which would allow the four lots to be combined into one lot. The variance would result in one lot, which would be 83 percent of the required lot size. The applicant would be able to construct an industrial building as regulated by the setbacks. The new building would be constructed at a greater distance from the residential area to the south. RECOMMENDATION: Staff questions the amount of development that can occur on the subject site. In reviewing the site plan, parking and vehicle circulation appears to be inadequate. Development on the substandard lots will be greatly impacted by parking and vehicle circulation. The applicants must design an adequate parking lot for their proposed uses. Staff is concerned about the nonconforming residential use in the center of the property. Although the applicants now reside on the site, the future sale of the house and lot is possible. The house would be located between two industrial buildings and this would be highly undesirable from a land use perspective. Staff would encourage that any development on this property should occur from west to east. The adjacent land uses are industrial to the west and north, and residential to the east and south. With the range of alternatives in this application, staff would be most supportive of Alternative 3 . This alternative would result in the minimum number of variances (1) and would allow the applicant to build an industrial building while retaining the residential use as accessory. The new building would be constructed further from the residential properties to the south due to the larger side yard setback (50 ' ) . Staff is uncomfortable with recommending approval of the various options listed in Alterative 2 . Granting these variances would result in buildings being constructed on separate substandard lots. The City has no assurance that the individual lots will not be sold in the future separately. Isolating a residence between two industrial buildings is not desirable. ACTION REQUESTED: Offer Variance Resolution No. 621, a variance allowing one lot area variance and move its adoption. VARIANCE RESOLUTION NO. PC-621 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A VARIANCE TO THE REQUIRED LOT SIZE WHEREAS, Nancy Lee and Patrick Blood are the owners of said property; and WHEREAS, the owners have filed an application dated September 5 , 1991, for a lot size variance under the provisions of Chapter 11, Land Use Regulation (Zoning) , of the Shakopee City Code, Section 11. 04 , Subd. 5, for a 7,560 square foot Variance from the required lot size of one acre; and WHEREAS, this parcel is presently zoned I-2 (Heavy Industrial) ; and WHEREAS, the property upon which the request is being made is legally described as: Lots 6, 7 , 8 , and 9, Block 42 , City of Shakopee Plat; and WHEREAS, notice was provided and on September 5, 1991, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the City Planner and invited members of the public to comment. 'NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the application for Variance No. PC-621 is hereby GRANTED. If this Variance is not utilized within one year from this date it shall become void. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 5th day of September, 1991. Chair of the Board of Adjustment and Appeals ATTEST: City Planner • AG„AGRICULTURE i ECJ-,r b;4. A R1 RURAL RESIDENTIAL R2 URBAN RESIDENTIAL 4 0 6, M,\r R3 MID-DENSITY RES. R4 MULTI FAMILY RES_ B 1 HIGHWAY BUSINESS B2 COMMUNITY BUSINESS B3 CENTRAL BUSINESS I I ..I1 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL S SHORE-AND E .. NM FLOODPLAIN DISTRICT • .... MAND AT 3- RTD RAC ACK DIST- _ .: -- -- - "-•tet 1.+'„" • • ----\\.• --_,....--- •___, ,:,•_,--- , !'.3 • . r yes"` we. ..-' -"• ... - - `• - �''� } - a.& - . .. ,, \ , •,0--,-.... .....„ v � r/r -p ter'• ! .:.:....laii&G...''.:..3::„... ..... / • -� 9� •••••• - .i `• •rte LA C /' % // ,_ s �fes • — • �/. ' t. // . - ii / - '--- �- �/ J ,�r�r�` �- . ExuI1TA gcepui-AT°4„, . ,.s, eorkiiNG serizecor SEC. 11.33. E..AW_ INDUSTRIAL (I-2) . Subd. 1. Purpose. The Heavy industry District is where a full complement of urban services exist such as water , sewer , rail and highway transportation to provide support for intense manufacturing and processing operations . Subd. 2. Permitted Uses. Within any Heavy Industrial District, no structure or land shall be used except for one or more of the following uses : A. All permitted uses in 1-1. 3. (Repealed by Ordinance No. 158, 4th Series , adopted 1-22-85.) C . Railroad operations . D . Motor freight terminals . E. Manufacturing , fabrication , processing , assembly/storage of : 1 . Light chemicals . 2 . Lumber and wood products . 3 . Paper products . 4 . Rock and stone products . - - • 5 . Textiles . 6 . Tobacco products . 7. Fabrication metal products . 8 . Machinery and appliances . 9 . Transportation equipment . 10 . Apparel. 11 . Food products . 12 . Glass . 13 . Leather . 14 . Pottery... F. Assembly/storage of : 1. Light chemicals . 2. Eeavy chemicals . 3 . Explosives . 4 . Residential accessory . Source: Ordinance No . 31, 4th Series E==���• �� Date : 10-25-79 G. Restaurants (Class I and It) , taverns, private lodges and clubs and supper clubs, but only when part of a Class A licensed horse racetrack as provided for in MSA 240 .01 et sec. Source : Ordinance No . 138 , 4th Series Effective Date : 11-24-33 E. Commercial recreation major . Source: Ordinance No . 158, 4th Series Ef` ---ve Date : 1-31-85 I. Class I day care facility when located in the horse of the day care provide: . Source : Ordinance No . 254 , 4th Series Effective Date : 5-25-89 Subd. 3. Conditional rises. Within any Eeavy Industrial District, no structure or land shall be used for the following uses except by conditional use permit: A. Manufacturing , processing or storage of explosive material. 3. Eeavy chemical storage and manufacturing including petroleum, chlorine, creosote , glue, acid, fertilizer , asphalt production , soaps . C . Structures in excess of 45 feet in height . D . Paper and pulp mills . E. Meat or fish packing . F. Rock crushing or gravel work . G . Concrete and ready mix plants . E. Foundry, forge , casting , metal . I . Heliports , airports . J. (Repealed by Ordinance No. 203 , 4th Series , adopted 7-10-86 . ) R. Grain elevators . L. Water and sewage treatment . M. Mining and excavation industries . Source: Ordinance No . 31, 4th Series Effective Date : 10-25-79 • N. Retail sales and displays in front yards when necessary to a permitted principal use carried on in a structure located on the premises but the: area so used shall not exceed 15 percent of the floor area of said principal structure . Source: Ordinance No . 59, 4th Series Effective Date : 5-14-31 0. Commercial recreation , minor . P . Animal hospitals and veterinary clinics . Source: Ordinance Nc . 158, 4th Series Effective Date : 1-31-83 Q . Class I day care facility. R. Class II day care facilities when not located in the home of the day care provide: . Source : Ordinance No . 254 , 4th Series Effective Date : 5-25-89 Source : Ordinance No . 279 ,--4th Series Effective Date : 12-1-89 (_ 2-. - 29 Subd. 4.i Lot Area, Height, Lot Width and Yard Require- ments . equire- menis . A. The floor area ratio shall not exceed 1 to 1 . 140 Front yard setback : 30 feet . Q► Lot Width: 100 feet . 4up Minimum lot area: 1 acre . Source : Ordinance No . 31, 4th Series E.tfective Date : 10-25-79 QRea: yard setback: 30 feet , except that where there is an abutting rail- road spur , the rear yard setback shall be 20 fee: . Source : Ordinance No . 279 , 4th Series Effective Date : 12-1-89 411111 Side yard setback: 1 . 15 feet normal. - 2. 50 feet when abutting R District. 3 . 0 feet when abutting railroad . Source : Ordinance No . 96 , 4th Series Ef`v,-" vo Date : 11-11-82 Subd. 5. Performance Standards . A. Acceptable Building Materials. (For applicable provisions , see Section 11 . 60, Subdivision 5) . B. Required Parking Setback. (For applicable provisions , see Section 11 . 60 , Subdivision 6) . C. Landscaping.- Requirements. (For applicable provisions , see Section 11 . 60 , Subdivision 7) . D. Screening. (For applicable provisions , see Section 11 . 60 , Subdivision 3, Subparagraph 0) . 1. Roof Top Facilites . (For applicable provisions , see Section. 11.60, Subdivision 3, Subparagraph D, :tem 1 2. Parking Areas. (For applicable provisions, see Section 11 . 60 , Suocivisior. 3, Subparagraph D, Item 2) . 3. Outdoor Storage and Trash Handling. (For applicable provisions , see Section 11 . 60 , Subdivision 3 , Subparagraph D , Item 3) . 4. Loading and Service Areas. (For applicable provisions , see Section 11.60, Subdivision 3, Subparagraph D, Item 4) . Source : Ordinance No . 246, 4th Series -• ve Date : 6-17-8s 3:2 (11---39 -vvE Exh'bi _ ________ ii. • - Pt8 ERIE ____\._____- , EAS -_ t4t.T5M RopbsEx7 - r 1q2 nn. PLAY a�o6 `.��` _ ..--- , 5,) ao .-`-..4\ _ •.-: .-. _ "".. 1 \ . -c'e k-40, , i ;J. S 17E_ rtA/4 '(/'-_ 0 OA - Tc--:1-- . N c _ „Amok 1-1 . 00 \A MVO" \-3-.. c-,- ,_ I i \ Ck , e lia a 63 .--kz- VI . � � 111111111P f l ' 0 — i . 11 O •' er" .4 _ N `�:gj; ; ' w= •NA v�p lam\ f , \,� ` tr /111% _ ,. S 2i 2 hyo — i.111 ISA \ : -o� '�� 9 C:21 S cs, ' 1\ . tet i‘o rail\ , , ..\,, \-- _ '+mid �, q,. ca ,. s \---- 4)-- 0::-• 1' f �i y2� X4175 EAS L� ,,i A -- 1�j1 _`r- X42OOPLsT�O / 1 1 C d e s ` : 1 . J c- 9 4: .............._Si .------ it (11. ____ a.•------A 6 ---"\---- _.0,1 t t.) 43, 6 `4'S`,6t ,-- REE v__\i__,__,.L._. .__----- .,, \ ,,\___-ckPX' \ . z __...„..___,......._, ,•• G J Fr, 1 ,4ftI6tor C VARIANCE REQUEST Nancy Lee/Patrick Blood CoVr LerrM. 718 West 3rd Avenue Shakopee , MN 55379 City code : section 11 .33 , Sub . 4D . We are requesting a variance to be allowed to build on 1-2 zoned lots of less than 1 acre , and to change side yard setbacks to 10 ' vs 15 ' . Before and after purchasing the property located at Block 42 , lots 6 ,7 ,8 ,9 , we met several times with City of Shakopee personnel to determine what size building( s ) could be constructed on this property after proper set backs , and what steps would need to be taken to start building . According to all of the information received , it was determined that we could build one 82 ' x 55 ' building on lots 6 & 7 , one 82 ' x 30 ' building on lot 9 , and that the future building on lot 8 depended on what we did with the present structure . The fact that the lots were undersized was supposedly no problem . With this information , we decided to purchase this property . We are now nearing time to initiate construction , and are told , for the first time , that we need a variance to proceed . A recent survey shows that our house , on parcel 8 , is located 1 . 13 feet onto parcel 7 , and that we will also need to apply for a " lot split" . According to Lindberg Ekola , Shakopee City Planner , by resetting this lot line , and adding the presently required 15 foot side yard , the dimensions of our building on lots 6 & 7 will be shrunk from 55 ' to 36 ' wide , decreasing the size of this building by over one third . To leave the lots as is , only lot 9 could be built on , with a maximum 'sized building of 30 ' x 82 ' . Both options leave the revised size of this building much too small for our needs and original plans . After meeting with Shakopee City Attorney , Karen Marty , City Planner , Lindberg Ekola , Asst . City Administrator , Barry Stock , and our attorney Patrick Leavitt , we came to the conclusion that we would need to " lot split" our four lots into three , and request that on lot 9 , we also be allowed side yard setbacks of 10 feet vs 15 feet . This would allow us to build the original sized building on the revised lot 9 , and the smaller building on the revised lots 6 and 7 , while establishing presently required setbacks for the existing structure . It is essential that we be allowed the maximum space of both these buildings . The I-2 district has a floor area ratio of 1 to 1 . These revised plans do not utilize near this amount . - n n Qi 'lI4 ' a i IHI � = , al • I , - u I • I- 2 g i ' __! l Q - Q 0o ; E c �' 0 4111!i3 .Is 1, ,, 4_ � iss iliii s. !r ,. Q (llf l�lf �ttl' '� :�y�a 7 11 i r (__ == 1-1-1-• *rs I i t 1 1 N. ; --- - -1 1I y 1 - I I _ I . t/:, r 1 I I .J I - I Q a! I I I I �, 1 I I I , 1 I — I . H - - I 0 i/3 2 I � :131»'d8 ' no7. y�"r�b I I I I I• T7I I J l i ' I j r i -- - I L- - - - - - - - - CO 1 ui int MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director ►P/ SUBJECT: Bluff Avenue, Marschall Road to Naumkeag Street DATE: September 25, 1991 INTRODUCTION: A public hearing has been scheduled for October 1, 1991 to consider adopting the special assessments for the Bluff Avenue Project. BACKGROUND: The Bluff Avenue Project is essentially completed and all project costs have been identified. This project consisted of constructing Bluff Avenue, between Marschall Road and Naumkeag Street. This project consists of constructing a new street including pavement, curb & gutter and storm sewer. As presented at the public hearing ordering the project and as adopted by the City Council, 100% of the total project costs will be assessed to the abutting benefitted property owners. The final project costs are $158, 494 . 16 and can be summarized below: Total Construction Costs $ 59,920.91 Total Admin./Engr. Costs 25, 382 .25 Total Right-of-Way Costs 73, 191. 00 Total Project Costs $158,494.16 The feasibility report had estimated the total project costs to be $163 , 200. 00. The final project costs are approximately 3% less than what was originally estimated in the feasibility report. The assessment calculations can be found in Attachment No. 1. The Finance Director has indicated that the assessments on this project must be adopted before October 10, 1991 in order to certify these assessments to the County for inclusion in the 1992 tax statements. Prior to levying any assessments on this project the City Council must first hold a public hearing on the proposed assessments. If at the conclusion of the public hearing, the City Council desires to adopt the assessments, attached is Resolution No. 3475, which adopts the assessments. ALTERNATIVES: 1. Adopt Resolution No. 3475. 2 . Deny Resolution No. 3475. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3475, A Resolution Adopting Assessments for Bluff Avenue, Marschall Road and Naumkeag Street, Project No. 1990-7 and move its adoption. DH/pmp MEM3475 ATTACHMENT NO. 1 ASSESSMENT CALCULATIONS Total Construction Costs $ 59 , 920 . 91 Total Admin./Engr. Costs 25, 382 . 25 (43 . 6%) Total Right-of-Way Costs 73 , 191. 00 Total Project Costs $158, 494 . 16 Assessment Rate (100% Assessed) Total Assessed Costs = $158, 494 . 16 - $1, 709 . 48 (Direct Assessment to Super America) = $156, 784 . 68 Total Assessable Area = 5. 74 Acres (See Attached Map) Assessment Rate = $156,784 . 68/5.74 Acres = $27 ,314 . 40 Per Acre RESOLUTION NO. 3475 A Resolution Adopting Assessments For Bluff Avenue, Marschall Road To Naumkeag Street Project No. 1990-7 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Bluff Avenue, between Marschall Road and Naumkeag Street by pavement, curb & gutter and storm sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual install- ments extending over a period of ten (10) years, the first installment to be payable on or before the first Monday in January, 1992 , and shall bear interest at the rate of 7.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1992 and to each subsequent installment when due shall be added the interest for one year on all unpaid_ installments. 3 . The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. 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: City Attorney AREA PID PROPERTY OWNER DESCRIPTION AC ASSESSMENT 27-004163-0 William & Renelda Hauer Lots 1 - 4 0.59 $16, 115. 50 706 Apgar Blk. 32 Shakopee, MN 55379 East Shakopee 27-906008-0 William & Renelda Hauer 8. 62 A in Govn 1. 36 $37, 147 . 59 706 Apgar Lot 4 Ex 3 . 13 A Shakopee, MN 55379 & Ex . 26 A in Sect. 6,T115R22 27-004160-0 Stanley & Linda Beireis Lots 8 - 10 0. 32 $8 , 740. 61 1789 County Road 89 Blk. 31 Shakopee, MN 55379 East Shakopee 27-004159-0 Country Properties Inc. Lots 4 & 7 0. 16 $4 , 370. 30 % Carlson Properties Blk. 31 45 S. 7th St. #2222 East Shakopee Mpls. , MN 55402 27-906014-0 Country Properties Inc. 93 . 8 ' , S 300 ' 0. 65 $17, 754 . 36 % Carlson Properties in Govn. Lot 4 45 S . 7th St. #2222 Sect. 6,T115R22 Mpls. , MN 55402 27-906009-0 Super America Stations Inc. 1.77 A in Govn 1.75 $47, 800 . 21 % Tax Dept. Lot 4, 224.98 ' CONC. $1, 709 .48 P.O. Box 14000 . x 300 ' , by SWALE Lexington, KY 40512 1 284 . 03 ' , by 305 .4 ' Sect. 6 T 115 R22 27-004160-1 SSBJ Management Co. Lot 1, Blk. 31 0.33 $9 , 013 .75 4521 Morningside Ave. S 64 .4 ' of 8, Vadneis Hts. , MN 55127 9&10 together with Vacated Alley Blk. 31 East Shakopee 27-004157-0 SSBJ Management Co. Lot 1 & W 1/2 0.29 $7, 921. 18 4521 Morningside Ave. of 2 P/O Alley Vadneis Hts. , MN 55127 Blk. 31 East Shakopee 27-004158-0 SSBJ Management Co. Lot 3 & E 1/2 0. 29 $7 , 921. 18 4521 Morningside Ave. of 2&P/0 Alley Vadneis Hts. , MN 55127 Blk. 31 East Shakopee TOTALS 5.74 $158 , 494 . 16 ASSESSMENT RATE PER ACRE = $27, 314 .404181 -r _: _ / r —. ~�.. ` ! r _ _ oi ` _ • ---- •- --- - a I = - - _ _�� qk I • t • ----- Vs IL, : • �� o j j N• ` �^ '6ov 7v� H 0 r3i3w. 3en'S 0 I t____ c =4.1 `•V^,1_`` _ CI F' -'• o-h/v 906 -AZ• I L. ,...--, , 2 • N:�711K AC::JnVJ < ...1. < _ a,... ...•••.0.4.1 = . 3o (� Q ;y f�' I C' ,• •' A �J . • Q N a- lam/ (—o - > 1— .... �..�. ;�- U • .y CO •. , LL T S7C�; v I r. Q - - =o-d//b �j CO • 1� � p �: e- i _, ;`• _ EL .i, =S Q - c-F/Ih: • • i° 0 I , • • a. o 42: -� - - % I. - r •- off'LA lb: > G • • V) C I ,, N ID-,iiit: • ..i H si I I n 1 . n • +T�- MTh 1 , •▪ - O : - O — o , 1 , W ! I • th . • - i• i — — Z • i ! -. -- ZI ti I _ A - _ - - - _ 10/01.91 16: 29 FAX 612 333 9851 CARLSON REAL EST Z002/002 CARLSON REAL ESTATE COMPANY October 1, 1991 Judith S. Cox City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 RE: Project No. 1990-7 Bluff Avenue, between Marschall Road and Naumkeag Street Dear Ms. Cox: This letter is in response to your September 6, 1991, Notice of a public hearing on proposed assessments for the above-referenced project (the "Project") . Please be advised that Carlson Real Estate Company, a Minnesota Limited Partnership ("Carlson") is the owner of the property identified as Parcel Nos. 27-906014-0 and 27-004159-0 (the "Property" ) which is affected by the proposed assessment. The purpose of this letter is to state Carison' s objection to the proposed assessment against the Property. It is our belief that the Property will derive little if any direct benefit from the Project. It is our understanding that, as presently designed, there will be no direct access from the Property to Bluff Avenue. Even if there was such access , we believe that the land use orientation of the Property will continue to be toward 1st Avenue. We do not believe that the market value of the Property will increase as a result of the Project, and certainly not to the extent of $22,124.56, which is the total proposed assessment against the Property. We would respectfully propose that these assessments be reallocated and levied in a more appropriate fashion so as to better correspond to the true benefits to be received by the various affected properties. It may also be appropriate for some portion of the Project to be financed through the City' s revenue sources since the Project will apparently improve traffic circulation for large trucks and trailers in the general vacinity of the Project. We would like to request that the City of Shakopee carefully review and scrutinize the assumptions with respect to the nature and extent of the benefit to be derived by the Property from the Project. Upon such a review, we believe that the City will be able to confirm the accuracy of our conclusion that little or no benefit will accrue to the Property as a result of the Project. Thank you very much for your consideration. Very truly yours , CARLSON REAL ESTATE COMPANY .arry 3. Chiat Attorney at Law (612) 333-9366 17.12 P1n751 ti Tl.45 South Seventh Street.Minneapolis.Minnesota 55402 612-333-9898 lic MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Shumway Street/Scott Street Project No. 1991-1 DATE: September 24, 1991 INTRODUCTION: A public hearing has been scheduled for October 1, 1991 to consider the special assessments for the Shumway Street/Scott Street Project. BACKGROUND: The Shumway Street/Scott Street Project is essentially completed and all project costs have been identified. The Finance Director has indicated that the special assessments on this project must be adopted prior to October 10, 1991 in order to certify the assessments to the County for inclusion in the 1991 tax statements. This project consisted of complete street reconstruction of Shumway Street, between 3rd Avenue and 6th Avenue and also Scott Street, between 6th Avenue and 7th Avenue. As presented at the public hearing ordering the project and as adopted by the City Council, 25% of the total project costs will be assessed to the benefitted property owners. Any storm sewer costs will be funded out of the Storm Sewer Utility Fund and not included in the assessment calculations. The final project costs are $151, 375. 93 and can be summarized below: Total Construction Costs $121, 183 .26 Total Admin./Engr. Costs $ 30, 192 . 60 Total Project Costs $151,375.93 Of the total project costs, $34,454.20 will be assessed to the abutting property owners. The assessment calculations are summarized in Attachment No. 1. The feasibility report had estimated total project costs to be $233, 670. 00. The final project costs are approximately 36% less than originally estimated in the feasiblity report. Prior to levying any special assessments on this project, the City Council must first hold a public hearing on the proposed assessments. Attached is Resolution No. 3474, which declares the cost and adopts the special assessments for this project. ALTERNATIVES: 1. Adopt Resolution No. 3474 . 2 . Deny Resolution No. 3474 . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3474 , A Resolution Adopting Assessments for Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th Avenue to 7th Avenue, Project No. 1991-1 and move its adoption. DH/pmp MEM3474 ATTACHMENT NO. 1 Assessment Calculations Total Construction Costs $121, 183 . 26 Total Admin./Engr. Costs 30, 192 . 67 (24 . 9%) Total Project Costs $151,375. 93 Scott Street Portion Total Project Costs $26, 873 . 20 Subtract Storm Sewer Costs None Total $26, 873 . 20 25% Assessed 25% x $26, 873 . 20 = $6, 718 . 30 Shumway Street Portion Total Project Costs $124 , 502 . 73 Subtract Storm Sewer Costs - 13 , 559 . 00 Total $110, 943 . 73 25% Assessed 25% x $110, 943 . 73 = $27 , 735 . 93 Assessment Rate Scott Street = $6, 718 . 30/10 Lots = $671. 83 Per Lot Shumway Street = $27 , 735. 93/30 Lots = $924 . 53 Per Lot Summary of Assessed/Non-Assessed Costs Assessed Non-Assessed Total Cost Scott Street $6,718.30 $20, 154.90 $26,873 .20 Shumway Street $27,735.93 $96,766.80 $124, 502 .73 Totals $34,454 .23 $116,921.70 $151,375. 93 RESOLUTION NO. 3474 A Resolution Adopting Assessments For Shumway Street, 3rd Avenue To 6th Avenue And Scott Street, 6th Avenue To 7th Avenue Project No. 1991-1 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, between 6th Avenue and 7th Avenue by street reconstruction including pavement, curb & gutter and storm sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual install- ments extending over a period of ten (10) years, the first installment to be payable on or before the first Monday in January, 1992 , and shall bear interest at the rate of 7.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1992 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. 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: City Attorney N c•1 c•9 VD N 43 4-4 N to in O N O TS 0N C1 a) a) N C C cn UI e VD N N d' kD c O Ul a' a` a% co Q co a cn v} yr v1• .. v1. O 0 `i ra $1 N - U,. a N a 0 0 0 0 0 0 In 0 0 0 to 0 Ul 104 y 0 r♦ ri N 0 N 0 O .II 4 0 ZW Z O 0 <) �--1 C 1 H m 1 N ('1 1 f"1 H ni v 1 •r, 04. 04 ara •aa Tr I:4 Tra a. fa. 0)• --I Ei C.) ;T•1 E40w FUw koUca E-4Uca )-4 c..) O I'a 0004 0004 ooa 004 0004 004 — 40 440 440 440 E O 440 E• 40 4- 01 al Oax CO 0Mx f22 0CIX F, 0 < Q a a H< Q a 0 Eii C:71. 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Q • a. -- 3 0 x3X C3g a3g C3X 0 O + rallu1 ( co %.0C a1 ct $ 1 01 C ct7 O it O its r+ : -� <-1 t O o .0 O 0 r-1 � S (11 0 c U) X .zr Ul C a CO C a CO C7 a Ul 0 0 0 0 0 I I I I I 01 0 r-4 N Cl o 0 to `o vo C',1 H '.0 '.D k0 l0 0 a. ri ri ri 1-4 r-i N O O O O O O O O O O O I I I I I N N N N N N 1-4 N N N N N rGNSE1\ 1 MEMO TO: Dennis R. Kraft, City Administrator FROM: Terrie A. Sandbeck, Assistant City Planner RE: Request for Appraisal Park Dedication Fee Determination Eagle Creek Junction, 3rd Addition DATE: October 1, 1991 INTRODUCTION: At their meeting on August 20, 1991, the Shakopee City Council approved the final plat for Eagle Creek Junction, 3rd Addition. One of the plat conditions requires a park dedication fee in lieu of park land dedication. To determine the park dedication fee requirements, an appraisal is needed to better define the market value of the land in the subdivision. BACKGROUND: On January 8, 1991, the City Council amended that portion of the City Code which regulates park dedication requirements. The previous fee schedule method, which used a cost per dwelling unit basis, was determined by the courts to not comply with state law. The new method for determining park dedication fees is based on the fair market value of the undeveloped land in the proposed subdivision. The ordinance lists four sources to establish the fair market value of undeveloped land. They are as follows: 1. The price of the subject land sold within the past year. 2 . An appraisal performed for or on behalf of the City within the past year. 3 . An appraisal performed for or on behalf of the subdivider within the past year. 4 . The value determined by the County Assessor is used to determine the market value of the land for tax purposes. DISCUSSION: The estimated market value from the Scott County Assessor' s Office for the land within the subdivision plat is approximately $6, 962 per acre. The area within the proposed plat is approximately 15 acres. The City Ordinance requires a 10% land dedication or 10% of the value of the land. In this case, 10% of the land value would equate to approximately $10, 520. When the percentage of land for the outlot is subtracted, and this value is applied against the number of lots to be developed (22) , a $258 . 22 per lot park dedication fee would be required for this R-3 (multi-family residential) subdivision. Utilizing the estimated market value from the Assessor' s Office would result in the City collecting only $5, 680. 84 for park dedication fees for the plat, minus the outlot. Park dedication for the outlot will be figured when it is platted. The estimated market value from the Assessor' s Office is used primarily for establishing property tax rates. When compared with fair market values, the estimated market values have sometimes been lower. When the park dedication formulas are applied to the estimated market values from the Assessor' s Office, a low park dedication fee is the result. Staff is requesting the authorization to obtain an appraisal in order to establish a more representative property value. The appraisal services will not exceed $800. 00. The funding source for the proposed appraisal would be the Park Reserve Fund. ALTERNATIVES: 1. Move to authorize an appraisal on the proposed plat of Eagle Creek Junction, 3rd Addition at a cost not to exceed $800. 00. 2 . Utilize the current estimated market value from the County Assessor' s Office to figure the park dedication fee. 3 . Table action pending information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to authorize obtaining an appraisal on the proposed plat of Eagle Creek Junction, 3rd Addition at a cost not to exceed $800. 00. / 71 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Downtown Parking Analysis DATE: September 25, 1991 INTRODUCTION: For the past two months, staff has been gathering information regarding the availability of parking in the downtown area. Both the Downtown Committee and Community Development Commission (CDC) are recommending that City Council consider taking action to facilitate the development of additional parking in the downtown area. BACKGROUND: The parking lots, located north of 1st Avenue, have been condemned by the State Department of Transportation. According to MN/DOT representatives, the City must vacate the parking lots by April 20, 1992 . MN/DOT staff has informed the City that if the City of Shakopee accepts MN/DOT' s condemnation award, it may be possible to negotiate a lease for the continued use of the parking lots. MN/DOT officials have stated that they cannot guaranteed continued use of the parking lots beyond April 20, 1992 . MN/DOT officials have stated that it may be possible for the City to negotiate with the contractor who will be awarded the project for continued use of the parking lots beyond April 20, 1992 . Shown in Attachment #1 is a summary of the property that MN/DOT will be acquiring from the City of Shakopee in whole or for temporary easement purposes. Note that the City of Shakopee will be receiving total funds in excess of $260, 000 for the property that will be acquired. The Shakopee HRA will be receiving an additional $53 , 400 for the property formerly occupied by the Opera House. Shown in Attachment #2 is a summary of a parking analysis that depicts actual parking spaces available before and after certain phases of the Downtown Redevelopment Project. You may remember from earlier meetings that the net effect on parking in the downtown area upon completion of Phase I and Phase II will result in a net gain of one parking stall in the downtown area. However, during the actual construction, the 187 stalls located within the City Hall lot and the parking lot adjacent to the Senior HiRise will be unusable. Both the Downtown Committee and the CDC believe that it is critical to identify additional parking space South of 1st Avenue to accommodate the needs of the businesses located on the North side of 1st Avenue. The business needs to be addressed are those of the property owners located on the City Hall block. Since all the businesses will have to be vacated that are presently 1 occupying the block immediately West of the City Hall block, there should be no parking demand within that area, with the exception of several persons who reside in the Senior HiRise that utilize the City parking lot adjacent to the Senior HiRise. Staff believes that there are less than five cars occupying the City parking lot that can be attributed to the Senior HiRise. In terms of the City Hall block, the major employers include the City of Shakopee and Amzak Cable. The City of Shakopee presently utilizes approximately 22 parking stalls within the parking lot for employee use. The Cable Co. has approximately 4 persons who are using the parking lot. Additionally, when determining the need for additional parking as a result of the taking of the City Hall parking lot, we must include the parking demand exhibited by the Shakopee Recreation Dept. Currently there are 3 full-time employees utilizing parking at the Recreation building who will be relocated into the new City Hall in 1992 . Finally, the parking demand should also include the number of City fleet vehicles that are being parked on City Hall property when determining overall impact following our move to the new facility. Currently the City utilizes approximately 7 parking stalls for fleet vehicles. When the parking demands of all concerned parties are added together, the need for 34 additional eight hour stalls can be identified. Staff' s analysis does not take into consideration additional parking for walk-in traffic to the aforementioned business establishments. Short term and long terms parking needs of several of the other businesses located in the City Hall block can be accommodated through the parking that is adjacent to their property and not located within the City Hall parking lot. The parking analysis conducted by City staff indicates that there is not a shortage of parking on the South side of 1st Avenue at this time. (See attachment #3 . ) However, it does not appear that there is adequate space to accommodate the parking demand for 34 additional cars over an eight hour period. This takes into consideration the fact that when the Marquette Bank is relocated, they will not significantly reduce the burden on parking in the downtown area. Staff would like to point out that the vast majority of the Marquette Bank employees presently park within their parking lot adjacent to the Auto Bank facility on Holmes St. which has 26 parking stalls. Very few, if any of their employees, are presently parking in the 2nd Ave. parking lot. Based on this information, the Downtown Committee and CDC believe that it is critical for the City to identify a suitable site for approximately 34 additional eight hour parking stalls in the downtown area. The Downtown Committee and CDC also recognize that the need for the additional 34 cars may only be an issue during the actual mini bypass construction. In light of this, the possibility of leasing space from a property owner in the downtown area has also been evaluated. 2 Staff in conjunction with the CDC and Downtown Committee have identified three areas within the downtown are that would be suitable for future parking lots. (See Attachment #4) The first site is the former Pelham Hotel site. The property is presently owned by Gene Brown and consists of two 60 'x 142 ' lots. Staff ' s cost estimate to acquire the property is approximately $107 , 000. The estimate cost to improve the site for parking purposes ranges between $25, 000 and $30, 000. If the site were developed for parking, it would create between 40 and 46 new parking stalls. In the past, Mr. Brown has stated that he would not be willing to entertain the possibility of leasing this property to the City for temporary parking needs. The second alternative considered as a potential parking lot site, is located on the City owned property located behind the Library. This parcel is approximately the same size as the Brown property and subsequently would generate the same number of parking spaces. The City would obviously not incur any acquisition costs if this alternative were pursued. Therefore, the cost estimate for this alternative would range between $25, 000 and $30, 000. The third alternative site identified is located adjacent to Fuller St. and is owned by Mr. Wampach. The site, which is located at the southwest corner of 3rd Ave. and Fuller St. , encompasses several city lots. Since the site is comparable to the other two alternatives in terms of size, the same number of parking spaces could be generated if this alternative were pursued. Staff believes that this site is least desirable of the three alternatives, due to its somewhat inconvenient proximity to the potential users of said parking lot. Therefore, acquisition estimates and potential leasing costs have not been explored. The fourth alternative evaluated relates to leasing property. Currently Marquette Bank owns the parking lot adjacent to their Auto Bank facility at the corner of 3rd and Holmes St. The lot is approximately 8 , 520 sq. ft. and provides parking for 26 cars. Marquette Bank officials have expressed an interest in leasing said property to the City. Shown in attachment #5 is a correspondence from Mr. Mike Phillips, Vice President/Cashier Marquette Bank indicating a suggested annual leasing arrangement for the parking space adjacent to their Marquette Auto Bank. After evaluating the aforementioned alternatives the CDC felt that at this time the most cost effective alternative would be to develop the parking lot behind the Library and temporarily lease space from Marquette Bank at their Auto Bank. The CDC believes the other alternatives are both too costly in terms of acquisition costs and lost property tax revenue. Therefore, the CDC is recommending that the appropriate City officials be authorized to prepare specifications for the parking lot improvement behind the Library and that a lease agreement be negotiated for temporary 3 parking near the Marquette Auto Bank facility. The CDC is also recommending that a portion of the funds generated from the sale of the parking lots be used to fund the parking lot improvement and proposed leasing arrangement. ALTERNATIVES: 1. Authorize the appropriate City officials to prepare plans and specifications for the development of a parking lot behind the City Library. 2 . Authorize the appropriate City officials to negotiate a lease agreement with Marquette Bank to lease property for parking purposes adjacent to the Auto Bank facility. 3 . Recommend to the City Council that the appropriate City officials be authorized to order an appraisal of the Gene Brown property. 4 . Table action pending further information from staff. 5. Do not pursue the development of additional parking on the South side of First Avenue at this time. STAFF RECOMMENDATION: Staff recommends alternative #1 and #2 . ACTION REQUESTED: Authorize the appropriate City officials to prepare plans and specifications for the development of a parking lot behind the City Library and negotiate a lease agreement with Marquette Bank to lease property for parking purposes adjacent to the Auto Bank facility. AU/BS/PARKING.DT 4 Attachment It 1 ro Hrn HHn HHRH ?-1rr rr x 0 = (DD (DC D C2 Al 2) ;v (D N 0 'M 4. 1-' ? 0 F-+ 0 0 0 0 0 0 (D rr rt rt rr rr w F•t1 (D tel OHi > 23 > W 000J7 cn a CDD co cCrl D I .- r al 0 a A- 0 C CD ro C4o M 0 X C = Iv 00Dc5 ct It 1-1 cCI) X n i CD O O N HSC � � 23 (Io PI w c 31 - = 23 cn - - x v 0 C CO Cr n W In r HI N F-, 0 0 CO 0 0 0 0 0 0 'c CD A" A' . u1 v ........- L4 vW N is N W Y -1 N J O N 0 CM O 1--3 IO ,A H U OOON J Iv, NZ. 3 > 1--A LO > W N0 V10 ,C1 (D 1-3 ✓ N N r N N N N Cil N Z y I'M 4 .4 PM 1.4 ira .4 XI bII .=. ) r'1 F'1 FI M F'f1 by FI > O Cr rr n rt rr rr rr rr rt 3 1p r-7 CI z c ✓ t" H ° U W O H Z tG H I <n tis<A <A <n{n {n In<A-CA <A Q 111z N FA 0 > cn .P N N F-+ Ub N N F'' W 1-3 C W 0 W _ t7 CA N N 0 O▪ CO W 0 U1 U1 U1 U1 0 0 A 1-"1 O 00 0 00 0000 0 1-", O O O O O O 0 0 0 0 0 CD 11 (D ro n r- 0 -CA <A--<A < ro -, � WFaW (xi n p •.. 0 C\ C' 0 0 0000 0 G7 rr Attachment 0I 2 DOWNTOWN PARKING ANALYSIS 10/28/88 Phase I (Actual) Before After Net Gain/Loss Sommerville St. 45 46 + 1 (First Ave. - 3rd Ave. ) Lewis St. 38 58 +20 (First Ave. - 3rd Ave. ) Holmes St. 39 48 + 9 (First Ave. - 3rd Ave. ) Fuller St. 33 45 +12 (First Ave. - 3rd Ave. ) Atwood St. 33 35 + 2 (First Ave. - 3rd Ave. ) Second Ave. 58 47 -11 (Sommerville - Atwood) +33 246 279 Parking Lots - 1 * Lewis St. 39 38 Fuller St. 37 39 + 2 2nd Ave. Lot 70 82 +12 +13 Sub-Total +46 *One stall was forfeited to make two handicapped stalls MINI-BYPASS IMPACT Phase II (Projected) Parking Lots North of First Avenue Before After Net Mini-Bypass Mini-Bypass Gain/Loss City Hall Lot 89 0 - 89 Brambilla Lot 99 99 - 0 New Lot 0 16 - 73 1. First Ave. 94 122 + 28 (Between Spencer & Atwood) Sub-Total - 45 Net effect on parking upon completion of Phase I and Phase II Net gain of 1 stall . 1. Assumptions - A. Diagonal parking on the North and South side of First Ave. B. 1100 ft. of parking frontage. C. Parking stall width of 9 ft. ATTACHMENT # 3 Longitudinal Parking Analysis Final Report Between July 29, 1991 and August 29 , 1991 the parking lots and on- street parking within the downtown area were surveyed at several specific time intervals and on several different occasions. The parking analysis did not take into consideration the fact that the parking lots located north of 1st Ave. will be out of service between the spring of 1992 and the fall of 1993 . 2nd and Lewis Parking Lot - 6 two hour spaces, 31 eight hour spaces At all times surveyed, the eight hour parking seemed to be adequate. On most occasions there were more than two empty eight hour spaces available at all times surveyed. The majority of the eight hour parking spaces are utilized for time periods of between four and eight hours. (Between 60% and 90% of the cars utilizing the eight hour stalls were there all day. ) There does seem to be a need for additional two hour parking spaces in the 2nd and Lewis St. lot. However, there are more than adequate two hour spaces available in the 2nd Ave. parking lot. Therefore, staff does not feel that there is a need for rearranging parking signage in the 2nd and Lewis St. parking lot at this time. Overall, the parking facility provides adequate space at all times of the day. Keep in mind that the eight hour spaces can be utilized for time periods of less than eight hours. 2nd and Fuller - 6 two hour spaces , 32 eiaht hour spaces The situation in the 2nd and Fuller St. lot is similar to that of the 2nd and Lewis St. lot. There are between 5 and 12 empty spaces available at all times surveyed. Again, the eight hour spaces are mostly utilized for four to eight hours. The two hour parking was usually half full at all times surveyed, with most of the cars remaining in the two hour stalls for over the two hour limit. Overall, the parking facility seems to provide more than adequate space at all times of the day. 2nd Avenue Parking Lot - 42 two hour spaces, 12 four hour spaces , 24 eight hour spaces The peak usage for two hour parking was 7Q% , occurring between 12 :00 p.m. and 1: 00 p.m. On no occasion during the survey intervals, did the two hour parking exceed 70% occupancy. Additionally, roughly half of the cars parked in the two hour spaces do not comply with the posted time limit. The four hour parking stalls also seem to be under-utilized. At no time during the survey intervals did parking within the four hour stalls available, exceed 70%. Additionally, the car utilizing the four hour parking are not observing the posted limit. The eight hour parking available within the 2nd Ave. lot was usually at or near capacity, with the majority of the vehicles utilizing the stalls staying the eight hour limit. One might conclude that additional eight hour parking spaces need to be identified in the downtown area. However, when on street parking is taken into consideration, it appears that there are adequate eight hour on-street parking sites available to accommodate those business owners and/or employees who need to park in the downtown area for a longer period of time. On-street Parking The on-street parking on Fuller, from 2nd Ave. to 3rd Ave. (eight hour - 20 stalls) is not being utilized to any great degree. The on-street parking on Holmes, Lewis and 2nd Ave. , all seemed adequate. On Holmes and Lewis there was a small amount of noncompliance to the two hour limit. There is also eight hour parking on Holmes St. between 2nd and 3rd Ave. (18 stalls) that is not being utilized to any great degree. Staff would recommend that downtown business owners be informed of the eight hour on-street parking that is available on Fuller and Holmes St. between 2nd and 3rd Ave. This could divert some of the overcrowding that is presently occurring in the eight hour parking within the 2nd Ave. lot and the Lewis St. lot. SUMMARY: After reviewing the downtown parking, it appears that there is more than adequate parking available within the downtown area at all time periods. However, when City Hall is relocated to the Marquette Bank building, 34 eight hour parking stalls will moving into the downtown area South of 1st Ave. Presently, the Marquette Bank employees are utilizing their auto bank facility parking lot to accommodate the needs of their employees (Approximately 15 employees) . Staff is not aware of any negotiations underway with Marquette Bank to lease a portion of the auto bank facility parking for City Hall employee needs. Additionally, the parking lots located North of 1st Ave. will be out of service between the spring of 1992 and the fall of 1993 . Additional eight hour parking stalls should be identified South of 1st Ave. to accommodate the needs of business owners and employees who are presently occupying office and/or retail space on the North side of 1st Ave. Attachment # 4 > r-r-1 cr) \ '7 O O O T r--� C-) «----- � CCCz t� O g c-) o iris z . '� 1 1 -0 -73 r— • • > � O W • � 1 Fri 7 7 7 ZZZ FULLER � _ _ C _ G) G. G. - _it l ii I ! 1 l \ �1 Il t 1 1 ' ! C.: 11 I I I N - } II 11 1 rrt HOLM ES i N :, NI I' I 1 i nIN . 1N I !I \<1 t‘.. kH\i}N fl ! I � r -4 LEWIS. . 1 it t z • I I • - 1 �I I i1 -- SO M MERVI LLE -71 11 . 77 9 0 II 1 II Al4Q6L e Ak Marquette Bank Shakopee,N.A. 129 South Holmes PO Box 68 Shakopee. MN 55379-0068 (612)445-6300 September 13 , 1991 Barry Stock, Assistant City Administrator City of Shakopee 129 E. Levee Drive Shakopee , MN 55379 Dear Barry: In response to your inquiry concerning auto bank parking facilities, the following is our proposal for a monthly rental fee: 1991 Assessed Valuation $220 , 000 Portion of property to be rented 25% Valuation for parking lot $ 55 , 125 Rate 12% Annual fee $ 6 , 615 Cost Per Stall Monthly Fee $ 551 . 25 divided by 26 parking stalls 26 Cost per stall per month 21 . 20 The above figures are open for discussion as well as other lease terms. Sincerely, 11/(ICIW1 (11Michael A. Phil ps Vice President & Cashier MAP/sr kI GO k L's / 3w MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for Wine and 3 .2 Beer Licenses - Shakopizza, Inc. DATE: September 26, 1991 INTRODUCTION & BACKGROUND: The City has received applications from Shakopizza, Inc. for On Sale Non-Intoxicating Malt Liquor License and for a Wine License. The applicant will be occupying the restaurant at 483 South Marschall Road, formerly occupied by Something Italian. The trade name of the business will be Broadway Station. The applications are in order. The Police Department is conducting the required background investigation. They will have their report ready for the October 1st Council meeting. The Certificate of Insurance for the liquor liability requirements shall be filed with me prior to the October 1st Council meeting. Assuming that the background investigation is positive and that the appropriate Certificate of Insurance is filed prior to the October 1st Council meeting, the application will be in order for Council 's consideration. ALTERNATIVES: 1. Approve applications and grant licenses. 2 . Deny licenses. 3 . Table applications. RECOMMENDED ACTION: Approve applications and grant an On Sale Non-Intoxicating Malt Liquor License and a Wine License to Shakopizza, Inc. , 483 South marschall Road, effective October 14, 1991. NOTE: If the application is not in order, the Council will be advised at the City Council meeting; and, the recommended action would be to table the applications. JSC/tiv /3a, _ ` ` City of Shakopee X1-,1 *, `y =1 � � ` kPOLICE DEPARTMENT = r r r � ' . a {� 476 South Gorman Street -;•;_:*. � SHAKOPEE, MINNESOTA 55379 . T T C �` Tel. 612/445-6666 ,_ ' Fax. 612/445-2313 - `�iM ESC ''./.' ..'. ,-L'� • October 1, 1991 TO: JUDY COX, CITY CLERK FROM: TOM STEININGER, CHIEF OF POLICE SUBJECT: APPLICATION FOR LIQUOR LICENSES APPLICANT: KENNETH BRUCE STERBUCK/PATTI KAY LAURSEN STERBUCK After completing the required background checks and investigations, the Shakopee Police Department can find no cause to deny issuance of a liquor license to the above named applicant doing business as Shakopizza, Inc. / 414-- A-,/,' ,-// `-Signed Date g 0 CS EtVE JO YOtE=t l3 ' MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Eagle Creek Third Addition DATE: September 23, 1991 INTRODUCTION: The developer of the Eagle Creek 3rd Addition is requesting that the City of Shakopee waive or modify one of the requirements in the Standard Specifications for Public Works Construction. BACKGROUND: The City of Shakopee has adopted Standard Specifications for Public Works Construction. These standards were adopted by Resolution No. 1514 in 1979 and amended (by resolution) in 1986 and 1989. Past revisions were minor in nature and were mainly to update the construction requirements based on new technology or engineering methods. The purpose of adopting Standard Specifications is to protect the public interests, provide consistency and uniformity in construction and to avoid creating individual specifications and requirements for each development or project. The City of Shakopee Standard Specifications are quite similar to other Cities, Counties and State requirements and utilize current engineering standards. One of the standard requirements for sanitary sewer installation is that the sewer must be at least 9 feet deep at the property line. (See the attached Page 6 from the Standard Specifications) . The reason for this requirement is to provide adequate sewer depth to serve any kind of development including full basements. If the sewer is less than 9 feet deep, homes with full depth basements cannot be served. A secondary reason for the 9 foot depth is to maintain the required 18 inch vertical clearance with the watermain, which is required to be at least 7 1/2 feet deep to prevent freezing. The Engineering Department has consistently enforced this 9 foot requirement on all developments and sewer installation. The only time exceptions have been allowed were in isolated, infrequent situations where there were physical limitations in the sewer system, such as a shallow manhole. The developer of the Eagle Creek 3rd Addition has submitted plans to staff which proposes only 6.5 feet of cover over the sewer main, at the shallowest place. The existing manhole in Roundhouse Circle is 9 feet deep, but because the topography of the new subdivision drops off from that point, the sewer design for the new addition is only 6.5 feet deep, using the minimum allowed slopes. The developer has requested that the Engineering Department waive our standard requirements for the following reasons: a) they are proposing all split entry duplexes, hence there will be no full basements b) the bedrock in the area is very high, hence the construction cost will be higher to deepen the sewer, and c) they are connecting up to a fixed elevation at the existing manhole which cannot be lowered. (See attached letter) The Engineering Department has reviewed this request and has denied it for the following reasons: a) Staff is unaware of any full-proof methods that would guarantee full basements would not be constructed and are merely looking out for the public interests. b) There are other alternatives such as connecting up to the deeper trunk sewer along C.R. 16 or filling the site to achieve the desired sewer cover without lowering it or a combination of the above alternatives. In discussing these improvements with contractors and in preparing in-house cost estimates, it does not appear to staff that it would increase the overall project costs substantially. c) The Standard Specifications were created for exactly this reason - to avoid having to defend or justify those requirements for each and every project. The specifications have worked well since 1979 and staff sees no reason for changing them. d) Staff has uniformly enforced these provisions in other subdivisions, which undoubtedly raised the cost of those developments. Staff is concerned about future developers requesting a waiver based on the decision affecting this situation. Basically, staff does not feel there is any justification or engineering reasons for waiving the specifications. The request is mainly to keep the project costs as low as possible. The City Attorney has indicated that the City can obtain assurances that no full basements will be utilized by adding a provision to the developer's agreement and by placing deed restrictions on each and every lot. The developer is requesting that the City Council consider that option and if agreeable, amend this specification to allow that as an option. The City Attorney has also indicated that if the Council wishes to explore that option, the Standard Specifications should be revised accordingly. Language similar to the following could be added to Section 4 . 00 of the sewer specifications: "If the developer agrees to construct only split entry homes with a maximum basement depth of 6 feet as a condition of the plat approval and guaranteed by deed restrictions and if the presence of bedrock makes it undesirable to install the standard depth sewer, the developer may appeal to the City Council for a waiver of the 9 feet sewer depth" . ALTERNATIVES: 1. Approve of the request and direct the appropriate City officials to prepare a Resolution amending the Standard Specifications for Public Works Construction. 2 . Deny the request. RECOMMENDATION: The Engineering Department recommends denial of the request. To date there has been no documentation submitted by the developer showing any financial hardship would exist by conforming to the specifications. In addition, there are other alternatives available which have not been fully explored and there is no engineering reason for changing this requirement. Staff feels that it would not be in the best interest of the public to waive this requirement and it may have an impact on future developer' s requests. Staff would also like to point out that the resolution approving the final plat states that the developer agrees to construct the streets and sanitary sewers in accordance with City of Shakopee Standard Specifications. If the developer planned on seeking a waiver on the sewer depth specification, it should have been brought up during the plat approval process. The City Attorney and Administration recommend approval of the request if a) language were incorporated into the developer' s agreement covering the maximum basement depth allowed, b) deed restrictions were placed on every lot, and c) if the Standard Specifications were revised to include a provision to waive this standard based on the criteria outlined previously. ACTION REQUESTED: Discuss the request and provide staff with the appropriate direction. DH/pmp 3 .02 NEW SUBDIVISIONS. Before work begins on these parts, NI the developer is scheduled to grade the street to grade with • no spot elevation to vary over 0 .5 feet, and overall grading II to within 0 .2 feet. After the utilities are installed , the existing backfill material shall be compacted and reshaped to the required section as shown on the detail plan , and noted in 11 the Standard Specifications. All excavation and shaping of these streets shall be incidental to the other items of the contract . di SECTION 4 .00 SEWER SERVICE INSTALLATION (2621 .3E) : Generally, a 4 inch or 6 inch wye shall be used in the main line. II An approved adaptor or other approved method of connection to the wye shall be installed. When cast iron or ductile iron service pipe is used , the sanitary II wye shall be a standard cast iron soil pipe fitting with slip joint and plug installed , watertight. House connections shall be kept as deep as required to serve the property, with a minimum depth of 10 feet in the street and not less than 9 feet at the curbline. All exceptions to be approved II by the Engineer. All house connections shall be sealed by capping with cast iron stoppers firmly in place, or by other methods approved by the Engineer, which shall effectively prevent water from entering the sewer until the connection is placed in service. SECTION 5 .00 MANHOLE STRUCTURES: On streets that are not at design grade, sewer manholes shall be built with such additional adjusting rings or short manhole sections as necessary to allow for adjustment of the street to the proposed grade as shown on the plans. On other streets, manholes shall be set as shown on the standard detail sheets. Manhole casting tops shall be 1 /4 II inch below the street surface , when the street is paved . On gravel streets , manhole casting shall normally be placed 2 11 inches below gravel surface. The thickness of gravel within the depressed area shall be the same as the street. The Contractor, with the approval of the Engineer, where standard 11 manhole sections cannot be used , as in junction and transitional manholes , may construct such sections of brick, concrete , or a combination of such materials set on a concrete base . The outside of brick or block manhole sections shall be plastered with Portland Cement grout as directed. Hollow concrete block will not be allowed for any manhole construction. 11 6 U 1 4 t Cf- r Fes.' The Laurent Building LA U R E N T CorporateOffice ace 128 South Fuller Street. Shakopee, MN 55379 B u L D E R S, II N c. August 29, 1991 Mr. Dave Hutton City Engineer City of Shakopee RE: Eagle Creek Junction 3rd Addition Dear Dave, As you are aware, our proposed construction plans show sanitary sewer at depths slightly less than the nine foot minimi generally sought by the City. This is because the depth of the existing pipe stubbed to serve this project from the east is itself less than nine feet. (This fact leads one to wonder if a previous City Engineer made exception to policy because of bedrock.) Per your request, we have explored the option of bringing sewer service in from the west end by crossing County Road 16; and the option of splitting the sewer system with a portion of the project served from each end. Both of these options would require that sewer be installed for greater distances and much greater depths than our proposed plan. The fact that this site has bedrock very near the surface, makes the options unfeasable. The additional blasting and rock removal increases sewer costs by as much as 50%. In addition, the sewer crossing of County Road 16 would result in about $4,000.00 in costs to the City per an agreement made in 1987. Utilizing either of those options provides no better service to the project; as our proposed construction plans provide service to all lots. Although our proposed plans could provide service to full basements, all proposed dwellings are of a split entry (1/2 basement) or slab on grade design; thus providing the margin in grade intended by the City policy. Ne do feel thc __inn f of s..7er depth policy is a good one and one that works well inHostsituations. However, in this project t'�e following four extraordinary circumstances form some justification for a different criteria: 1. The depth of existing service to the project is less than nine feet; 2. Bedrock exists near the surface, greatly increasing construction costs; 3. Part of the increased cost would be paid by the City; 4. All proposed dwelling units are predetermined to be one half basements or shallower. BUILDERS • DEVELOPERS 4:67 The Laurent Building LA U R E N T Corporate Office 128 South Fuller Street. Shakopee, MN 55379g U I . D E R S,41 N c. (612) 445-6745 Mr. Dave Hutton City Engineer August 29, 1991 Page 2 Please review this situation and let us know if there is any further information you need. Sincerely, gcczu.0.•.1r Ranay R. Laurent Vice President RRL;at BUILDERS • DEVELOPERS 13C CONSENT Without detailed checking, Finance staff is not aware of any bills in the attached bill lists that would cause the respective division to exceed the division total budgets adopted by Council . * N N N * N N N N N N N N * N * N N N N * N * N * N r * N N N * 0000 * 0) * O) * 0 _ (0 * CO 010) * 000) * 0)0)000010)01 * * 0 * 0 * 00 woo * 000000 * 00 00 00 00 0 00 00 00 * 00 * 0000 CO CO * 0 * 0 * 0 rn r * 000 * 00000000 * 0 * 0000 * N * r * 0 C) * 0 O O 000 * A A A A A A A A * A * a.A A A * C) * 0) 00 * 0)0) * AAAA * .4 * A * r O O * WWW ao * o0 0o aD oo ao oD ao * rr Z -1 O { 0 O '1 0 00 > 0 00 000 00000000 0 0000 ro (O 0000 (00 (0 (0 -4 N (0 (D(0(0 00000000 CO NNNN N N N m x N NN NNN NNNN N N N N N N N N D N NN NNN NNNNNNNN N 0000 V1 T. 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C) C) 0 W a7 2 DJ DC DI ro 0 +3 2 2 2 DJ CD 0 DC n7 „ C (D CD (D al CD CD CD 'i 0 CD CD CD (D (D 0 c+ (D O fD 3 3 3 3 3 3 3 0 Z H 3 3 3 3 3 Cl) 3 +3 F, r- r• r• r• h'- r• '-') 'h CD r• r• r• r- '''7 CD H. c- p \1i c+ c+ c+ (+ c+ c+ c+ CID go i c+ Cf c+ c+ ►i c- H C\O ro C7 C) 'C 3 '=J 'xi (D 0 'C Cl) '=J 'TJ H x N h (D H p () H H 'i Cl) p t=i H H H C) 3 (D > 1\O 0 Co Di H t< a C) �-3 < C) CD 2 H C] '3 ( 'v P > 0 0 1 > (D 'I r• a a a 'i H CD H \n O ON '1 H P O 0 0 C7 OO Lo 3 CD H m cD 1 r' ,D P Cl) C C) t=J N W W W W W W W W W W W W W W W W W W O\ ON C\ O\ O\O\O\ O\ O\ O\ Q\ O\ O\O\ D1 D\ O\ a\ x p \0 \O \O \O \D\O \D \O \O \O \O \O \O\O \O \D \O \D CO CO 1 1 111 1 1 1 1 1 11 1 O\ O\ O\ I- 1--, H O \D co 1 1 -4 ON \n - W N H H 0 NO OD 1 Z 0 • b b (-) = = = 3 0 C) C 'C C) = 3 C+ Cl) W 0 < tri t=] 0 P O P • tt1 0 P Pw H (p 2 to 3 'i Z 3 C) 2 3 '1 r 3 > Cl)3 4 < "0 • a 3 .Q < C O a• O O °, go H. CD '°1-I) P CD 0 Z < "L3 Co H Cl) 3 2 x r- H c+ DJ c (D c+ -. p < C) Cl). CD < Cl) CC) CDD H c-1- (D am+ Z P O 1-3 Z ' c+ C) K Z x 'I 'I G °< M" CD 0" Cl) 'U CD CD ed Z CD H CD F r• CD CI. K Z at) C) H H H 0 \n W H NO OD ON H H > -4 H N \O W O \o O\ H O N 3 NO N \n CO N 0 O\ vi 1 N \n \ \n H 0 Oc+ H - \n O\ \n H - 0 H QO H O\ 0 0 O\ O H \D O N \n O OD \n " 1 O O H O W \n H 0 0 0 0 - 0 ON C\ 0 0 co 0 13A MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 5th Avenue Project DATE: September 25, 1991 INTRODUCTION: Staff is requesting City council direction on the schedule for completing the 5th Avenue/Market Street Project. BACKGROUND: The 5th Avenue/Market Street Project had a final completion date in the contract of August 1, 1991. Staff had requested that the contractor postpone the placement of the final wear course of asphalt until after October 1, 1991 in order to give the property owners of the vacant land adjacent to these streets an opportunity to plat their lands to identify all sewer/water service locations. All of the vacant land south of 5th Avenue and west of Market Street adjacent to this project has been platted and all services installed to the lots. Staff believes that all property owners interested in platting their property have already done so and that there is no reason to hold up the final completion for that purpose. But another issue has come up recently involving the City owned property (See attached map) . The realtor hired to market this property is recommending that it be rezoned from R-2 to R-3 or R-4 . This issue has been discussed by the Community Development Commission and is scheduled to be discussed by the Housing Redevelopment Committee and if viable, will eventually go to the Planning Commission for a recommendation to the City Council. The rezoning would include the City property (Gelhaye/railroad land) , Outlot A (HRA) , Theis property and possibly the Siebenaler property. Sewer and water services are stubbed out to all these vacant properties for service to single family homes or duplexes. If a rezoning would occur, multi-family apartments would be allowed which require larger water services and larger sewer services. If these properties were developed as multi-family, additional street cuts would be required to install the larger services. ALTERNATIVES: Because the issue of rezoning the City property may take some time, staff would like some direction on the final construction deadline for this project. Staff feels the following options are available. 1. Postpone the placement of the wear course of asphalt until 1992 to allow time for the rezoning issue to be resolved. This alternative will increase the final project costs for two reasons. First, all of the manholes will need to be lowered to avoid being struck by snow plows, which could severely damage the trucks. Secondly, the contractor will undoubtedly request an increase in the unit price for the asphalt for the one year delay, if for no other reason than to cover the costs due to inflation. Staff would concur with the contractor on that request and feels the request would be justified. Staff has contacted the contractor to obtain a rough estimate of the increased costs based on the above two reasons and he has indicated that he must finish the construct this year as specified due to his bonding capacity for next year's projects. Therefore, if the City were to finish the project next year, a new contractor would need to be hired which would further increase the overall costs. Based on our contract, this option may not even be available to the City. 2 . The second option would be to go ahead and finish the project this fall and let the rezoning and development issues take their course. The rezoning may not occur or the actual sale and development of this property may take several years. If the City council elects this option and there is the need to install new services due to development, the Council should be prepared to waive their policy on no street cuts for 5- years once a new street is constructed. RECOMMENDATION: Staff recommends Alternative No. 2 , which is to complete the project as scheduled, based on our contractual obligations. The 5-year no street cut policy is a good policy and is designed to protect new streets from utility cuts such as telephone, gas, electric, etc. as well as sewer/water services. It forces the utility companies to plan ahead and to update their systems at the same time as the City reconstructs the streets. But there is nothing sacred about the policy and sometimes there are situations that can't avoid the policy. Staff believes that this is one situation that merits a waiver of the 5-year policy, if needed due to future development of this area. ACTION REQUESTED: Move to direct the appropriate City staff to complete the 5th Avenue/Market Street Project as scheduled and to officially go on record as recognizing that the "5-year no street cut policy" may need to be waived on 5th Avenue between Spencer and Market Street and on Market Street between Fourth and Seventh Avenue depending on the final development of this area. ,_____- . 1111 1gill rAMAIN : • -_'-\ : : , : : ,,,,..., � MARKET lie MEMO TO: Dennis Kraft, City Administrator FROM: John H. DeLacey, Engineering Tech. III SUBJECT: JEJ Parking Lot, Bike Trail, Basketball Court and Utilities DATE: September 26, 1991 INTRODUCTION: Bids have been received for the construction of the above referenced items. BACKGROUND: Council previously authorized City Staff to advertise for bids and construct a warming house/picnic shelter along with a parking lot, bike trail, basketball court and utilities. The warming house/picnic shelter is already under construction and staff has received bids to perform the remainder of the work. The low bidder on the parking lot portion of the project is Bituminous Consulting & Contracting Company, Inc. in the amount of $53 , 005. 50. When City Council authorized this work to proceed they directed staff to utilize $61, 000. 00 from the Park Reserve Fund to supplement the $43 ,800. 00 in grant money the City has been allotted. Now that bids have been received on the remaining work, staff has reviewed the entire budget for this project and is requesting City Council to allocate additional money from the Park Reserve Fund. The following breakdown of costs on the project is provided for Council review: Grading and Seeding $ 17,930.00 (Actual Amount) Warming House/Picnic Shelter 37,850. 00 (Actual Bid) Hockey Rink 3 , 300. 00 (Estimated) Parking Lot, Basketball Court, 53, 005.50 (Actual Bid) Bike Trail and Utilities Provide Electrical Service 1, 000. 00 (Estimated) Provide Gas Service 1, 000. 00 (Estimated) TOTAL FUNDS ENCUMBERED $114,085.50 The total amount of funds currently allocated for this project are: Park Reserve Fund $ 61, 000. 00 Grant Money $ 43 ,800. 00 Total $104,800.00 This leaves an imbalance of $9,285.50 In preparing the original estimate for the parking lot project, staff had felt that only minimal storm sewer work would be needed. Once in the design stage staff realized that more storm sewer was needed. The amount of storm sewer work needed is $5, 055. 00. Staff is recommending that this amount be utilized from the Storm Sewer Fund. The rationale behind this being that the storm sewer work will benefit Ruby Lane as well as the park site. If Council should agree with this recommendation this would leave an imbalance of $4,230. 50. Staff is recommending that the Park Reserve Fund be utilized to offset the imbalance. In addition to this amount, staff is requesting City Council to authorize a contingency amount of $5, 000. 00. It has been City policy on previous projects for the City to authorize a contingency amount usually in the range of 10% - 15%. This allows staff to authorize minor change orders on the project and making Council aware of them as an informational item rather than continually asking Council for more money. The $5, 000. 00 contingency represents less than 5% of the total project amount. Staff is recommending the Park Reserve Fund be utilized to cover the contingency. ALTERNATIVES: 1. Authorize City staff to award the contract for the parking lot, bike trail, basketball court and utilities to Bituminous Consulting & Contracting Company, Inc. in the amount of $53 , 005.50. 2 . Authorize City staff to utilize the Storm Sewer Fund in the amount of $5, 005. 50 and further allocate an additional $9,230.50 from the Park Reserve Fund ($4,230. 50 imbalance + $5, 000. 00 contingency) . 3 . Do Nothing. RECOMMENDATION: Staff recommends Alternatives No. 1 and No. 2 . ACTION REQUESTED: 1. Move to authorize the appropriate City officials to execute a contract for the Parking Lot, Bike Trail, Basketball Court and Utilities Project No. 1991-5 with Bituminous Consulting and Contracting Company, Inc. in the amount of $53 , 005.50. 2 . Move to authorize the appropriate City officials to utilize the Storm Sewer Fund in the amount of $5, 005. 50 and further allocate an additional $9,230. 50 from the Park Reserve Fund ($4,230.50 imbalance + $5, 000. 00 contingency) . COi\1SE1T MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 1991 Sidewalk Replacement Program DATE: September 24 , 1991 INTRODUCTION: Attached is Resolution No. 3473, accepting bids and awarding the contract for the 1991 Sidewalk Replacement Program. BACKGROUND: On September 3 , 1991, the City Council of Shakopee ordered the advertisement for bids for the 1991 Sidewalk Replacement Program. On September 24 , 1991, bids were received and publicly opened for this project. A total of four bids were received and are summarized in the attached resolution. The low bid was submitted by Devin Construction of Monticello, MN in the amount of $19, 348. 50. The Engineering Department has reviewed all bids for completeness and also the qualifications of Devin Construction, the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. There is $25, 000. 00 budgeted for this program. Since the bids were quite low, staff is requesting authorization to increase the contract amount by 25% or $4,837. 12 bringing the total contract to $24 , 185. 62 in order to replace additional defective sidewalk. Since 50% of the sidewalk is assessed, staff will contact additional property owners that were not on the original list and were not notified of the public hearing to see if they would be willing to sign a standard waiver form to allow the sidewalk to be replaced and assessed. Under no circumstances will additional sidewalk be added to the contract without first obtaining the waivers. If no property owners (or few property owners) are willing to sign the waivers, the entire additional 25% add-on to the contract will not be utilized and those properties would be included in future sidewalk projects rather than done as part of this project. Attached is Resolution No. 3473 , which accepts the bid and awards the contract for this project. ALTERNATIVES: 1. Accept the low bid and award the contract to Devin Construction. 2 . Reject the low bid and award the contract to another bidder. 3. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Offer Resolution No. 3473, A Resolution Accepting Bid on the 1991 Sidewalk Replacement Program, Project No. 1991-7 and move its adoption. 2 . Authorize the appropriate City staff to increase the contract quantities by 25% or $4,837. 12 if the appropriate waiver forms are obtained from the affected property owners. DH/pmp MEM3473 RESOLUTION NO. 3473 A Resolution Accepting Bid On The 1991 Sidewalk Replacement Program Project No. 1991-7 WHEREAS, pursuant to an advertisement for bids for the 1991 Sidewalk Replacement Program, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Devin Construction $19, 348 .50 DN Con, Inc. $21, 909.00 F.C.C. I . $22, 636.00 AD Con, Inc. $22 , 814 .00 AND WHEREAS, it appears that Devin Construction, Route 3 , Box 100, Monticello, MN 55362 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Devin Construction, in the name of the City of Shakopee for the improvement of sidewalk by the 1991 Sidewalk Replacement Program, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney ' ON SENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Election Judg s DATE: September 20, 1991 INTRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the November 5th City Election. All judges have been contacted and have agreed to attend the required training session and to work for the election. The compensation for the judges contained in the resolution has been increased by $. 25 per hour in compliance with the minimum wage requirements and has been budgeted. RECOMMENDED ACTION: Offer Resolution No. 3472 , A Resolution Appointing Judges of Election and Establishing Compensation, and move its adoption. RESOLUTION NO. 3472 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. The following persons are hereby appointed Judges of Election for the November 5, 1991 General Election for the five polling precincts with the City of Shakopee designated in Resolution No. 3260, adopted August 7, 1990: FIRST PRECINCT: Regular Judges Dorothy Breimhorst Winnie Anderson, Chair Marie Kocks Claude Kolb Ruth O'Rielly Susan Niewind Hazel Eckland Len Kelzer Evelyn Weckman Marge Radermacher SECOND PRECINCT: Regular Judges Beryl Barrett Marcella Schmidt, Chair Marilyn Lana Susan Stolarcek Barbara Runge Ethel Schneider THIRD PRECINCT: Regular Judges Maetta Jurewicz , Chair Jan Gerold JoAnne Dircks Loretta Jaspers Darlene Meuwissen Marinda Schmit Lucille Odenwald Kathryn Marschall Martha Skalskv FOURTH PRECINCT: Regular Judges Lillian Weinandt, Chair Sylvester Gerold Edna Wangerin Muriel Koskovich Pat Clemens Orma Kraai Dennis Sigurdson Jermayn Leavitt Laura Olson FIFTH PRECINCT: Regular Judges Joan Hart Virgilla Geske, Chair Rudy Maurine Agnes Horeish Carol Uhrhammer Carol Link Louise Vyskoeil Thea May 2. The Election Judges shall be compensated for their work at the rate of $4 . 25 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $4.75 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 1st day of October, 1991. Mayor of the City of Shakopee ATTEST: City Clerk City Attorney CONSENT Memo To: Dennis R. Kraft, City Administrator From: Marilyn Remer, Sr. Accounting Clerk Re: Certification of Delinquent Storm Drainage Utility Bills Date: September 25, 1991 Information Pursuant to Ordinance No. 176, past due storm drainage utility bills in excess of ninety days past due of October 1st of any year, may be certified to the County Auditor for collection with real estate taxes. Background Attached are lists of delinquent storm drainage utility accounts and Resolution No. 3476 certifying such to the 1992 Real Estate Taxes. Notices have been sent to these property owners advising them of this action. Action Requested Move to adopt Resolution No. 3476, a Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1992. a RESOLUTION NO. 3476 A RESOLUTION CERTIFYING DELINQUENT STORM DRAINAGE UTILITY BILLS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1992 WHEREAS, the Shakopee City Council did create a storm drainage utility pursuant to Ordinance Number 176; and WHEREAS, the storm drainage utility is supported by user fees collected by utility bills; and WHEREAS, some utility bills are delinquent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the delinquent storm drainage utility bills as listed on the attached listing are hereby certified to the Scott County Auditor for collection with the 1992 property taxes. Adopted in session of the City Council of the City of the Shakopee, Minnesota, held this 1st- day of October, 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of October, 1991. City Attorney \� \ \ SPECIAL ASSESSMENT ROLLS FID MUNIC CD LEVY ANT . 270370110 - -, 73 . $14.45 270380050 27 73 $14.45 270400290 97 33 $14.45 270400300 27 73 314.45 270410820 27 73 $14.45 270430020 27 77 $14.45 270470010 27 73 $14.45 270500010 27 73 $14.45 270510200 27 73 $14.45 270510210 27 73 $14.45 270520520 27 73 $14.45 270520531 27 - 73 $14. 45 270530010 27 72 $14. 45 270530080 27 73 $14. 45 270560140 27 270590010 _73 $14.45 270610160 � �° $14. 45 �� 270620310 �\ $14.45 27 73 $14.45 270630010 27 73 $14.45 270630260 27 73 $14. 45 270650280 77 73 $1 .45 270670010 _. 73 $265.48 }270670020 27 70710020 73 �ss.42 270740110 �� 7» $14,45 77 73 $14.45 270750010 -. 33 $184.47 270830290 27 73 $14.45 270840060 97 73 $14.45 270940240 27 73 $14.45 270840470 27 73 $14.45 270860020 27 73 $2174. 11 270920040 27 73 $14.45 270920050 2. 73 $14.45 270920081 27 73 $14.45 270920130 27 73 $14.45 270920150 27 73 $14.45 270920270 ` - -�- - �• 73 $14.45 271000010 271020200 73 $259.22 77 $14.45 271050010 27 7: $24 . 11 271110(20 27 7- , - $227.09 271120130 27 271240010 -, 77 $14.45 271330244 27 73 $11 .02 27 33 $14.45 271370430 27 73 $14.45 271330330 , 271450@60 77 $14. 45 27 $14.45 271450080 \ 77 $14.45 271450110 7 77 $14.45 271450120 73 $14. 45 271460120 73 $14.45 2790300 70 ,- _i 73 $723.92 279060140 - -7 7a $35.22 279060410 --7 73 $14. 45 -7996±420 2T 73 714.45 279,- - ' 5 27 77 $ L4. 1f SPECIAL ASSESSMENT ROLLS PID MUNIC CO LEVY AMT 77 $21 . 13 270010260 \/ 72 $14.45 270010290 27 77 $14.45 270010310 77 33 $63.09 270010480 77 33 $322.59 270010590 __ 22 $22. 4 270010700 27 $1 6.24 270010720 27 73 270011420 27 73 126.22 77 22 $42.09 270011501 77 33 a91 .20 270011721 g 270011850 27 1 7 $666.76.71 270011940 27 g3 $$14.45 5 270012220 27 S7 33 $14.45 270012390 27 3 $54.66 270012581 27 777 $10.85 270012690 27 270012900 $14.45 27 73 5 27 73 200012961 27 73 $$1414..4475 270013300 77 33 $10.85 - 270013640 77 72 $46.76 270014090 _ 7\ $11 .3° 270014110 2 73 $34.39 270015200 27 - $46.76 � 7a 270015360 -7 73 3 $ . 270015630 27 77 $74.20 270016000 ,- 73 $46.76 270016230 270016270 77 33 $10.85 }\ 73 $46.76 270016340 270016400 27 27 77 3 5 $$1100.8.85 270016520 6 270017600 «^8.77 27 7� I $10.85 270018200 -7 1 $14 .45 270018240 27 73\ $14 .45 270020260 27 73 $46. 6 270040050 27 73 9 270040100 27 73 $1$111 .3.39 2700 27 73 210 73 $14.45 270040230 /\ 72 $14.45 270040472 77 77 $14.45 270040850 7\ $14. 45 270041660 27 73 $14.45 7a 270041710 2 - $265.295 270060170 - 73 $149.43 270060190 -, 77 $14.45 270080540 // gg $46.76 270120090 $14.45 7� 27017010527 77 33 $14.45 70170790 - \70190090 27 7. $46.76$14.45 270240400 27 73 77 $14 .45 270240590 -77\ »14 . 45 270260030 -�_ $14. 45_ 27 3 270360210 73 $14 . 43 270230220 ,7 7 \ $:-1 . AZ 27025«42« - SPECIAL ASSESSMENT ROLLS RID MUNIC CD LEVY AMT 279080060 2. 72 $1201 .46 279120140 2. 73 $467.05 279120210 27 73 $14.45 279120240 27 73 $557. 56 279130300 27 73 $14.45 279130350 2, 73 $14.45 279130380 27 73 $14.45 279130640 27 73 $14.45 279140012 27 73 $583.80 279140070 27 73 $14.45 279140122 27 77 $14.45 279150230 2, 73 $14.45 279160090 27 73 $14.45 279180030 2 73 $14.45 279180100 73 $14.45 279290010 2. 73 $14.45 279290071 27 73 $14.45 279290091 2 73 $14.45 TOTAL CERTIFIED AMOUNT $9842.77 END OF XEO FILE CONSENT Cyd Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Marilyn Remer, Sr. Accounting Clerk Re: Certification of Snow Removal and Weed Cutting Costs Date: September 26, 1991 Information Pursuant to City Code Section 7 . 04 the costs of snow and ice removal may be certified to the county auditor for collection with real estate taxes. The cost of weed eradication is authorized by MSA 18 . 271. Background Attached is Resolution No. 3477 certifying snow removal costs to the 1992 Real Estate Taxes and Resolution 3478 certifying the cost of weed cutting to the 1992 Real Estate Taxes. Billing invoices and past due notices have been sent to the property owners and there has been no response. Action Requested 1. Move to adopt Resolution No. 3477 , A Resolution Certifying the Cost of Snow Removal from Public Sidewalks for Collection on the Tax Rolls Payable 1992 . 2 . Move to adopt Resolution No. 3478 , A Resolution Certifying the Cost of Weed Cutting for Collection on the Tax Rolls Payable 1992 . RESOLUTION NO. 3478 A RESOLUTION CERTIFYING THE COST OF WEED CUTTING FOR COLLECTION ON THE TAX ROLLS PAYABLE 1992 WHEREAS, the Noxious Weed Act requires the occupant or owner of land to destroy noxious weeds; and WHEREAS, MSA 18.271, subd. 3 provides for the eradication of any noxious weeds by local authorities when owners fail to cut down or destroy any noxious weeds in compliance with served notices; and WHEREAS, MSA 18.271, subd. 4 allows that the costs incurred for the removal of weeds which are not paid to the city within 30 days or before the following October 1, whichever is later, shall become a lien in favor of the city and a penalty of eight percent will be added to the amount due and certified to the county auditor for collection as a tax upon such land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following cost'for the parcel listed is hereby certified to the Scott County Auditor for collection with the 1992 property taxes. 27-001031-0 $56.70 Adopted in session of the - City Council of the City of the Shakopee, Minnesota, held this 1st day of October, 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION NO. 3477 A RESOLUTION CERTIFYING THE COST OF SNOW REMOVAL FROM PUBLIC SIDEWALKS FOR COLLECTION ON THE TAX ROLLS PAYABLE 1992 WHEREAS, the Shakopee City Council has declared that ice and snow remaining on public sidewalks constitutes a public nuisance and must be abated pursuant to City Code Section 7.04; and WHEREAS, the City has removed snow and ice in accordance with City Code Section 7.04; and WHEREAS, City Code Section 7.04 provides that the cost of snow removal may be extended as a special assessment and be certified for collection to the County Auditor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following costs for the parcels listed are hereby certified to the Scott County Auditor for collection with the 1992 property taxes. 27-001143-0 $55.00 27-907020-0 $55.00 27-097021-0 $55.00 Adopted in session of the City Council of the City of the Shakopee, Minnesota, held this 1st day of October, 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney TO: Mayor Laurent Members of the City Council FROM: Tom Steininger, Chief of Police SUBJECT: Authorize Hiring of Police Officer DATE: October 1, 1991 INTRODUCTION: The Police Department is requesting authorization to hire Craig Robson to the position of probationary police officer as soon possible. BACKGROUND: In July, Council approved a special assignment of a Shakopee Police Officer. The agency to which the officer has been assigned has agreed to reimburse the City of Shakopee to an amount sufficient to fill the position vacated by this assignment including fringes. The Shakopee Police Civil Service Commission which regulates the testing process has conducted the necessary testing, has established an eligible list and has certified the names of the three candidates standing highest on that list. Invitations to test were sent to seventy-three individuals who indicated a desire to participate in testing. Thirty-six candidates participated in the first stage of testing and six candidates were tested in the final stage. The eligible list and the certification of the top three candidates are attached to this memo. The 1991 Union Contract establishes $2243 . 11 as starting wage for the position of police patrolman. Craig Robson is the number two candidate on the eligible list. ALTERNATIVES: 1. Authorize hiring Craig Robson 2 . Authorize hiring Evan O'Hara 3 . Authorize hiring Daniel Jackson 4 . Authorize hiring no one. 5. Table action pending additional information from staff. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize hiring of Craig Robson as a patrolman with the Shakopee Police Department at a monthly rate of $2 , 243 . 11 subject to the satisfactory completion of pre-employment medical and psychological testing and the customary 12 month probation period. TO; Mayor Laurent Members of the City Council FROM: Shakopee Police Civil Service Commission SUBJECT: Eligibility List DATE: 09 30 91 The following eligible list for the position of police patrolman for the Shakopee Police Department is hereby certified. 1. Evan O'Hara 101.7 2. Craig Robson 99 .7 3 . Daniel Jackson 94 .7 4 . Stephen Miltich 94.5 5. Scott Patrick 92.3 6. Michael Utecht 87.2 7. Bruce Ponath 80. 0 Signed: Richard Mulcrome, 'Secretary / 1 TO: Mayor Laurent Councilmembers FROM: Shakopee Police Civil Service Commission SUBJECT; Certification of Candidates DATE: 09 30 91 The following individuals are hereby certified as being the three candidates on the current eligible list for the position cf police patrolman. 1. Evan O'Hara 2 . Craig Robson 3 . Daniel Jackson Signed: LZ Richard Muic i oneSecretary q/j)hy -� V -4- Is b . SHAKOPEE FIRE DEPARTMENT 129 East First Avenue. Shakopee, Minnesota 55379 Charles E. Ries, Fire Chief established 1 876 MEMO TO: Dennis R. Kraft, City Administrator FROM: Charles E. Ries, Fire Chief DATE: September 30, 1991 SUBJECT: Replacement of 9520 INTRODUCTION: Since 1976 the first pumper to respond to all fire and rescue calls has been unit 9520 a 1976 General Safety Pumper. This pumper will have responded to over 3200 calls and over 600 drills in its 16 years of service. Replacement of this unit is a 1992 budgeted item. BACKGROUND: Over the last 2 years this unit has become very unreliable. Numerous reasons have caused us to take this initial response unit out of service for extended periods due to performance or safety problems. Some of the deficiencies that have occurred and are developing include: water tank corrosion, body and chassis deterioration, inadequate firefighter jumpseat safety systems, unreliable drivetrain, deficient braking system, deteriorating pump conditions and the suspension system requires replacement. PROPOSAL: Due to the rapid deterioration of this unit the Shakopee Fire Department requests approval from the Shakopee City Council to immediately develop specifications, to submit specifications for bids and to enter into a formal contract with the appropriate bidder. No funds would be utilized until fiscal year 1992 . RECOMMENDATION: To authorize the Shakopee Fire Department to proceed with this proposal for the replacement of this unit. Respectfully submitted, ie _Charles E. Ries Fire Chief �� i•ii y/AKON Fire station—334 West Second Avenue