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04/21/1992
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: April 16, 1992 1. The parking lot lease agreement with MnDOT for the spaces located behind City Hall was to expire on April 20, 1992 . Staff has been assured by MnDOT that it will be possible to extend the lease agreement to September 20, 1992 . This should hopefully resolve our parking problem until we occupy the new facility. 2 . Attached is a correspondence from Steve Rose requesting a time to meet with the Shakopee City Council Members to review the DNR Minnesota Valley Trail through Murphy's Landing. Staff has communicated with Mr. Rose that it would probably be appropriate to have this item discussed at a Committee of the Whole meeting in May. Staff is planning accordingly for this course of action. 3 . Attached are the March 25, 1992 minutes of the Scott County Economic Development Coalition meeting. 4 . Attached are the Revenue and Expenditure Reports as of March 31, 1992 . 5. Attached are the Program Costs by Department Report as of April 9, 1992 . 6. Attached is correspondence to the Metropolitan Council from Scott County Residents regarding CR 18 development. 7. Attached is correspondence to Mr. Ben Wick, Ogden Food Service Corporation from the City Clerk regarding their background check for a liquor license at Canterbury Downs Racetrack. 8. Attached is a memorandum from the City Attorney regarding court fees. 9. Attached is a memorandum from the City Attorney regarding workload concerns. 10. Attached are the April 9, 1992 minutes of the Planning Commission and Board of Adjustment & Appeals meetings. 11. Attached are the March 2nd, and March 23rd, 1992 minutes of the Shakopee Public Utilities Commission meetings. 12. Attached are the March 23, 1992 minutes of the Park and Recreation Advisory Board meeting. 13 . Attached is correspondence from LOGIS regarding their national recognition in the "Long Term Cost Savings" category from the Hewlett-Packard Corporation. 14 . Attached is the Police Newsletter for Council review. 15. Attached is a memorandum from the Finance Director regarding Council Pay Dates. 16. Attached is a correspondence from Mayor Laurent to Mr. Matt Blair representing Celebrity Promotions and the Twin Cities Celebrity Softball Classic. 17 . Attached is a correspondence from Mayor Laurent to Mr. Dan Hennes, Rahr Malting in respondence to their offer to contribute $10, 000 to off-set the costs of the Second Avenue Improvement Project between Atwood and Pierce Streets. 18 . Following the presentation made by the Shakopee Hockey Association to the Committee of the Whole, Mayor Laurent received a correspondence from Mr. Michael Bennington regarding Council 's position. Mayor Laurent wanted Councilmembers to be aware of the fact that he did contact Mr. Bennington by phone to discuss the points presented in Mr. Bennington's correspondence. 19. Council directed staff to research the maintenance assessment concept for Mielke Driveway. Staff will be providing this information on the May 5th agenda. biSTATE OF //I DEPARTMENT OF NATURAL RESOURCES PHONE NO. 1200 Warner Road, St. Paul, MN 55106 772-7999 FILENO. March 12, 1992 APR 9 7552 City of Shakopee 129 E. 1st Avenue Shakopee, MN 55379 RE: MVT CONSTRUCTION THROUGH MURPHY'S LANDING This is a request to meet with the city of. Shakopee city council members to review our proposal for the Minnesota Valley Trail passing through Murphy's Landing. In our previous meetings concerning this proposal, it was decided to delay a decision regarding this matter until the MnDNR reached agreement with the property owners adjacent to Murphy's Landing, ie. Peavey and Valleyfair. We have an option signed by Peavey to grant permanent easement for Minnesota Valley Trail and a letter from Valleyfair to confirm our agreement. As most of you are aware, the DNR is currently constructing trails in the city of Shakopee from Highway 169 to Memorial Park. This phase should be done by June 1992. In order to continue the MVT eastward to County Road #18 in 1993, the MnDNR needs an easement through Murphy's Landing. The MnDNR feels that it will be in the best interests of the residents of Shakopee and Scott county to grant the trail access needed through Murphy's Landing. We have diligently compared and studied the various alternatives available to us to complete the Minnesota Valley Trail in this area. We feel the DNR's proposal for trail access through Murphy's Landing adequately addresses the various issues raised. We look forward to working with the representatives of the city of Shakopee and are anxious to provide additional recreational trail opportunities for the local residents. We await your response. Thank you. Sincerely, Steve Rose Minnesota Valley Trail Specialist AN EQUAL OPPORTUNITY EMPLOYER SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEETING MINUTES MARCH 25, 1992 Members in Attendance: Barry Stock, Greg Hoehn, Kay Louis, John Westlake, John Albinson, Randy Kruger, John Breitbach, Kay Schmudlach, John Heald, and Jim Parsons Others Present: Bruce Stockman, Minnesota Corn Growers Association; Mark Luhman, Riverside Bank of Minneapolis and Nat Wisser The tenth meeting of the SCEDC was called to order at 8: 00 a.m. on March 25, 1992 in the Prior Lake City Hall Community Room. I. Approve Minutes of the February 19, 1992 SCEDC Meeting MOTION BY JOHN ALBINSON, SECONDED BY JOHN WESTLAKE, TO APPROVE THE FEBRUARY 19, 1992 MEETING MINUTES AS READ. THE MOTION PASSED UNANIMOUSLY. II. Treasurer's Report The Treasurer reported that the checking account balance currently is $4 , 177 . 06. The reason for the decrease in checking balance is twofold. A $29. 00 check was made out to the postmaster for a roll of 100 stamps for the processing of the community profile magazine ad sales. Also a check for $582 .02 was sent to Prior Prints for the Business Retention Brochures. III. Update on SBA Activity Kay reported that the SBA should be sending a quarterly report soon to update us on the activity in Scott County. John Albinson requested that an activity report on the metropolitan area also be submitted. Kay will call to make sure that it's being sent. Also Kay reported that she has asked for a balance of our activities to indicate the balance yet owed on our $2,500 debt to the Twin Cities Certified Development Company. Information that is received by April 8 will be sent out with the agenda. IV. A Update on Other Development in Scott County Barry Stock asked all city representatives and financial representatives to report on any activity in Scott County. 1 Kay reported that Prior Lake is aggressively pursuing the creation of its Business Office Park and anticipates spring construction. John Heald from Savage reported that they had 55 housing starts in the first 2 months in 1992 . Savage anticipates more housing starts than last year and a slight elevation in housing values. Barry reported that in Shakopee they are having a major relocation. Brambilla is moving into their industrial park because of the Highway 169 bridge construction. Jim Parsons from Jordan reported that they have a small manufacturing company moving into town presently. V. Review 1992 Work Plan The President Barry Stock asked members to review the Work Plan to see that it meets the needs of our organization. The committee reviewed the Work Plan and accepted it as their 1992 program. The committee reviewed goals 1-4 and came to the conclusion that the subcommittees would have to meet to determine their specific activity for each goal . Generally speaking goal number 1 belongs to the Marketing Subcommittee. Goal number 2 , items A and B are for the entire Coalition. Goal number 2 , items C and D are the Business Retention Committee's responsibility. Goal number 3 is a Coalition wide goal . Goal number 4 , item A will be done by the Marketing Committee. Items B, C and D will be taken on by the Business Retention Committee. These decisions are subject to modification by the 2 subcommittees. VI . Subcommittee Activity Update A. Marketing Subcommittee Barry Stock asked members to report on their progress with the community profile and selling of advertising. The following progress was reported. Kay reported that she had not received a final response from Minnesota Valley Electric Coop but was anticipating a positive answer. John Heald reported that Fabcon had said yes they would be buying an ad. They did not specify a size at this time. NSP is committed to a half page ad. John has not received a report from Waste Management. Gardner Bros indicated that they will not be purchasing an ad. 2 John Westlake has followed up his phone calls to Cargill , Opus and Jim Hill & Associates. He does not have a confirmation at this time. Nat Wisser has been talking with Rainbow Play Systems and does not have a positive response at this time. Nat has also talked to Scott Rice Telephone and received a confirmation of a half page colored ad. John Breitbach reported that Little Six and Prior Lake State will be getting ads. Little Six's ad will be half page colored and Prior Lake State Bank will be a one third page ad. Jim Parson reported that he and Barry Stock met with Ames Construction and that they will be taking the back page of the community profile which is a four color ad for the cost of $9 , 000 . John Albinson reported that he has not Totten a confirmation from Kraus Anderson at this time. He has, however, received a response from Canterbury Downs and they will be taking a half page ad. John Albinson's other contacts have not consented at this time. John reported that Valley Green Business Park will be taking a one to two page ad. Greg Hoehn reported that he needs a letter to sent to the Shakopee Public Utilities. Kay reported that she would get that for him before the meeting was over. He has also done followup with Bill Henning. Greg also reported that Marquette Bank would be taking an ad, the size undetermined at this time. Randy Kruger reported that the bank he represents, State Bank of Belle Plaine, would be taking an ad, the size is not determined. Also possibly the Chamber and EDA from Belle Plaine would be taking an ad. Barry Stock reported that Minnegasco would be giving a $500 cash gift in lieu of an ad. They do not do this type of advertising. Also Barry has not gotten confirmation from St. Francis Hospital at this time. Barry and Kay will be calling members on April 2 to ask for a final confirmation of the ad sales. At that time if we have 8 pages of sales confirmed, we will be contacting the company who does the community profile and ask them to initiate the process. 3 B. Business Retention Subcommittee The BRE brochures were distributed and a distribution of the brochures was discussed. John Albinson offered to let the coalition use the mailing list he has recently purchased for his business. The mailing list is of specific SIC coded business. It represents 250 businesses in Scott County with more than 5 employees. The committee discussed the distribution and decided at this time that they would distribute the 250 brochures to those people on the mailing list. All community representatives are asked to take the list and review it, add to it and send those additions to John Albinson for him to add to the master mailing list. The City of Shakopee will mail out the brochures and submit a bill for reimbursement of the postage. Kay was asked to forward the mailing list to Colleen Jones and Ken Anderson who were not in attendance at the meeting. Barry Stock distributed 2 business inquiries that he received in that Shakopee has not been able to meet their needs. Kay was asked to distribute those to all cities so that they can pursue them. VII . Other Business There was no other business reported. VIII . Adjournment The meeting adjourned at 9 : 30 a.m. 4 SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION BOARD MEETING AGENDA APRIL 15, 1992 8: 00-10:00 A.M. PRIOR LAKE CITY COMMUNITY ROOM I. Approve Minutes of the March 25, 1992 SCEDC Meeting * Attached II. Treasurer's Report III. Update on SBA Activity * Summary Report Attached IV. Update on Other Development in Scott County V. Subcommittee Activities A. Marketing Subcommittee B. Business Retention Subcommittee VI. Other Business VII. 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N r 00 4-4- 1-NwNO0)0) CT)O)OO)w004-A4--A(OOW(0 4-4.-0 000(Or ACO)N(4 4-4-- 00 (000Uoco,'A OVC)Ui0(AOAVU1000U)C)O NNO UOAONV(4(400) D< 4-r AA r r N r r -0-1 VV 0000 03 00 N rNrrWNN O) r 0 O) N C MO AA 00 V 0)r U1 0)N(4rOA U)OW N00W (O r AVr N .23 WW AA (O NV 00 UNAWCNW U1 U1 OUA V VC)U100(0 Cn0 0 D 00 00 00 AW 00 Co o0 C)A WU1CO Nr 0)V CO 0o (OWAN(00A m 0 00 00 0 00 0 000000000 WW0 0 0000000 m 00 00 0000000 0000000000000000 000 0000000000 Z 00 00 0000000 0000000000000000 000 0000000000 0 0 M 4-r N NW r A (O 4-r r AN NNr .'C NN WU) W 4-00 C) 0)4-Vr NAV WrW C) AAOUN00W C) . . . . . . . . . . . m A 00 NN N00000.0 00000000NU10w(300.VU1 04-(9 U1000(0WVU1U1w Z • Letter to Metropolitan Council from Scott County Residents • March 30, 1992 Mary Anderson, Chair �! Metropolitan Council Mears Park Center 230 East 5th Street Saint Paul 55101 The undersigned residents of Scott County object to the creation of an interchange for and to the connection of CR 18 to the Shakopee by-pass and new Bloomington Ferry Bridge. Many additional residents of this portion of Scott County object to further development of CR 18. Prior Lake city council has conducted a local public relations effort in favor of CR 18 development. Prior Lake is interested in improving the attractiveness of a future industrial park at the intersection of CR 18 and HWY 42. Prior Lake commuters have a safe and efficient way to access the Ferry Bridge using HWY 13 and HWY 101. An improved CR 18 is incompatible with existing land use and zoning. The area surrounding CR 18 is a residential area. Scott County highway departments own consulting engineering traffic analysis report in 1990 specifically stated that CR 18 should not be used as a main C CIL arterial due to numerous traffic and environmental problems. �(A,tit 4++ Gc✓L : .Any one looking at a map of the area can see why it is not prudent to spend tax dollars on the connection and improvement of CR 18. This road can not be extended further south as a main highway due to the existence of the lake of Prior lake. Several alternatives for future major north/south arteries exist. A mere 1 1/4 miles to the east of CR 18 is existing HWY 13. To the west are county roads 17, 83 and 21 (2 miles west of CR 18), any of which could be developed in the future into a major north/south artery. Users of the 35W river bridge have seen the detrimental effect on rush hour traffic flow of having a major interchange at the end of a bridge. The proposed CR 18 interchange would be on a curve at the end of the bridge. We should be able to apply the lessons learned on other metropolitan bridges. We urge the Metropolitan Council to: -take a long term view of road development and land use in northern Scott County -reject connection of CR 18 directly to the Shakopee by-pass as has been recommended by the Metropolitan Council staff CC Metropolitan Systems Committee JOHN MI KKONEN 445-6098 page 1 of 2 Letter to Metropolitan Council from Scott County Residents / / --//i/4-(1411- 2-7-1 (57K 7 '74-t-e-,-c--:-I-e ce-r- ,d/v4t_a_k r4 ? , 3 _gti • - , - ./, -''.1,' .,.� R-s 7 s Q Cts,-, /-07 71,-, li li f6---75 /j)c 6 u/ % Cf e. 1 4,-ot 1p;, 1 Q 1 g -/3C) �l �Cc��Ye Cf , 4 FfiCe4.------7/ 4,d-A / 6,/,/. / . / /' / — , / 0 o520 zisA £ 4 44Q- , --,-- A. 4, -- . , („_g_A° 773 , o• QAQLK cOAI-k N 411(rt7 rsCacf SGC ., • � ti re CtrcCe- g 56241 /YLc-6(4 re. fr-c [.e_ ------7-c2____, _:sz >e,,z>r----:---, et-7 9 )77 c 4,z,e,z, -./: ',---K--?- A - . - g � !. - 1,.._.4q je,CrtLAL.e-' -Z7) r,Sqi 3----)1 L e. et-Zed--- ' . (7' 4 A-P."( - 1 biL7/11,4 i i-/ -2-;--S-3 A' (-4-77:-(- / ---r,1.- 51.4e- 9 o- , ‘, A,.. s.--7,z7/2 „,,: (,--K %Ay-- ,, ,9-/3571 4,/,4,,, ire Q1 bd .., ,Ad: G Vf ga*3 Ntc /,mac- c//,'-- /.5, 4k6P6-;E is -.d.-,_,- . �� ,/,t, , /5C 3 1(2- hz_ /),,tu_ 4 . _____. 1 l /a6, ks7 m cC1e-. C .-c-z.._ . v 89_ 0 u Sh _ page 2 of 2 1_7 CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612)445-3650 to a KO `"� April 7, 1992 r <'t# f Mr. Ben Wick Ogden Food Service Corp. Broad Street and Pattison Avenue Philadelphia, Pa. 19148 Dear Mr. Wick: I am writing to acknowledge our telephone conversation on April 2nd. The Shakopee Police Department has completed their background checks and investigations for Ogden Food Service Corp. As a result of the investigations there was no cause found to deny issuance of a liquor license at Canterbury Downs Racetrack. As I understand the arrangement, Ladbroke Racing Canterbury, Inc. will be entering into a license agreement with Ogden Food Service Corp. to utilize space and operate the sale of food, beverages and tobacco items at Canterbury Downs. This will include the sales of alcoholic beverages. Canterbury Concessions, Inc. holds the liquor licenses at Canterbury Downs. Canterbury Concessions, Inc. is a wholly owned subsidiary of Ladbroke Racing Canterbury, Inc. Canterbury • Concessions, Inc. has consented to Ogden Food Service, Inc. operating under their liquor license. As a result of the investigations by the Police Department, the City of Shakopee has no objections to Ogden Food Service Corp. operating under the liquor licenses held by Canterbury Concessions, Inc. Canterbury Concessions, Inc. will be retaining the liquor licenses, and shall maintain the required liquor liability insurance, and shall be responsible for compliance of all state and local laws pertaining to the sales of liquor. I wish you well with your new operations at Shakopee. If there are any questions I can answer or any assistance I can offer, please call me at 612-445-3650. Sincerely, tkr,LA . ell/6 J` ith S. Cox City Clerk CC: Rick Reichow, Canterbury Downs Dennis R. Kraft, City Administrator Karen Marty, City Attorney The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER --:--- ----' 1\ City of Shakopee ._ -�.. , POLICE DEPARTMENT T Y 476 South Gorman Street • Y —x -, SHAKOPEE, MINNESOTA 55379 �-:- Q ''' -� Tel 612/445-6666 Fax. 612/445-2313 l, March 30, 1992 TO: JUDY COX, CITY CLERK FROM: TOM STEININGER, CHIEF OF POLICE SUBJECT: APPLICATION FOR LIQUOR LICENSES APPLICANT: OGDEN FOOD SERVICE CORPORATION 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 at Canterbury Downs Racetrack. • ief of Police / Date go csczoz a, zotect #E3 MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: April 9, 1992 RE: Court Fees I recently wrote you to advise you of a new rule by the State Court Administrator's office, requiring the City to pay $3 .00 for each subpoena. The enforcement of this rule has been temporarily suspended while the Scott County Court Adminis- trator's office tries to have the rule lifted. Until this last month, the City has received subpoena's free of charge. Likewise, other prosecutors and defense attorneys were not charged. Another charge has suddenly arisen. The State Court Administrator's office apparently also is demanding that prosecutors and others be charged $3 . 50 for the first photocopy, and $0.25 per page thereafter. Again the Scott County Court Administrator's office has intervened, and is charging us either $0.25 cents for every page, or nothing (it is unclear exactly where this issue stands) . Previously prosecutors and public defenders were allowed to make photocopies for free. You may be aware that photocopies made on the City copier cost 2 cents per page to make, and our fee schedule sets a fee of 7 cents per page for copies to other governmental entities. I accept and understand charging us the actual cost for certain items, and would not object if such a requirement were made at budget time. I strongly object to a charge which is above cost, and which is imposed early in the budget year, with no chance to plan ahead or budget for the expense. I am also quite distressed at a system which imposes additional costs on prosecutors, while not requiring that defendants pay the increased costs of prosecution. We are unlikely to be able to recover this money. Past experience has shown that our judges tend to impose additional costs on defendants only when they are required to do so, or when the expenses come out of the court's pocket. I am pursuing methods to avoid these expenses as best I can. I will let you know what happens. Signed 40V , ' 6gger KEM:bjm Karen Ma y, C' Attorney E9MEMO2] f 4f- MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: April 15, 1992 RE: Workload Concerns The workload of the Law Department is exceedingly high at present, and I want to let you know. Criminal cases at court or in preparation for court take an average of 40% of my time, or 16 hours per week. The remaining time is used for various civil matters. Presently I have the following matters on my desk, which will require the estimated amounts of time set forth below. WEEKLY RESPONSIBILITIES 16 hr/wk Criminal matters. 2 hr/wk City Council memos, ordinances and packet review. 4 hrs/wk Police Union lawsuit. 2 hrs/wk Questions regarding proposed unionization of certain non-essential employees. 1 hr/wk Claims and lawsuits being handled by our insurer (other than the Police Union and NBZ lawsuits) , which still require coordination, providing information, etc. 6 hrs/wk Small projects and contracts, quick answers, phone calls. 31 hours per week (leaving 9 for projects) INDIVIDUAL PROJECTS 1 hour Vanpool Program Contract preparation. 1 hour Fire Pumper Truck contract review. 2 hours Regional fire board with taxing authority question. 1 hour Interest on late MnDOT condemnation check. 2 hours Mielke driveway determination if City can impose a maintenance assessment. 2 hours Beckrich Park Estates PUD development agreement preparation. 3 hours Murphy's Landing ownership review for DNR trail acquisition. 2 hours Animal control services contract preparation. 8 hours Preparation of personnel forms; response to various personnel questions; review of temporary employment contract; ordering, reviewing, and/or preparing posters required by law. 1 hour Handgun "report of transfer" process forms preparation for police department. 4 hours McKush lawsuit - become familiar with and determine whether the City can quickly get out of the case. 2 hours Private swimming pool and fencing ordinance preparation. 2 hours Snow emergency route ordinance revision to allow towing in downtown "no-parking 2-6: 00 a.m. " areas in winter. 40 hours Floodplain ordinance revisions as required by the DNR. 6 hours Become familiar with requirements of Americans with Disabilities Act, and review and revise local hiring practices, policies, and procedures to avoid discrimination. 4 hours Become familiar with Wetlands law requirements and authority. PROJECTS WITH OTHERS 24 hours Update of City Code. This also requires perhaps 20 hours of time from Judy, Toni, Tami, and Bev in proof- reading, typing, and review. 20 hours Subdivision Regulations revision. This also requires perhaps 30 hours of time from Lindberg and Dave. Within each category, these are roughly in the order I consider their priority. Please feel free to comment on the priority or responsibility for these projects. As you can imagine, I receive another one or two projects each day, and the turn-over on this list is as rapid as I can make it. I have been spending time on the Projects With Others whenever I could (approximately 1-4 hours per week) , in order to avoid holding up these others. Signed �� 1 K ren Mar y, Ci Attorney KEM:bjm [15WORKLO] 2 DRAFT OFFICIAL PROCEEDINGS OF THE PLANNING COMMISSION Regular Session Shakopee, Minnesota April 9 , 1992 MEMBERS PRESENT: Kahleck, Spurrier, Mars, Kelly, Zak, Joos MEMBERS ABSENT : Christensen STAFF PRESENT Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Dave Hutton, Public Works Director Jane VanMaldeghem, Recording Secretary I. ROLL CALL Chrmn. Kahleck called the meeting to order at 7 : 37 p.m. Roll call was taken as noted above. II. APPROVAL OF THE AGENDA The agenda was approved as presented. III. APPROVAL OF THE MARCH 5, 1992 MEETING MINUTES The meeting minutes of March 5, 1992 were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Kahleck recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. ELECTION OF OFFICERS The City Planner conducted the election for chairperson of the Planning Commission. Comm. Zak nominated Bill Mars for chairperson of the Planning Commission. Comm. Spurrier nominated Terry Joos for chairperson of the Planning Commission. Motion: Spurrier/Zak moved nominations for chairperson of the Planning Commission cease. Vote: Motion carried unanimously. A written ballot vote was conducted. Motion: Spurrier/Zak moved that a unanimous ballot be carried for Terry Joos as chairperson of the Planning Commission. Minutes of the Page - 2 Shakopee Planning Commission April 9, 1992 Vote: Motion carried unanimously. The gavel was given to newly elected Chrmn. Joos for conduction of the election of officers. Comm. Mars nominated Comm. Spurrier for vice chairperson of the Planning Commission. Comm. Zak nominated Comm. Mars for vice chairperson of the Planning Commission. Motion: Kahleck/Zak moved nominations cease. Vote: Motion carried unanimously. A written ballot vote was conducted. Motion: Kahleck/Spurrier moved a unanimous ballot for Comm. Mars as vice chairperson of the Planning Commission. Vote: Motion carried unanimously. Comm. Kahleck nominated Comm. Spurrier as second vice chairperson of the Planning Commission. Motion: Kahleck/Zak moved nominations cease and a unanimous ballot be cast for Comm. Spurrier as second vice chairperson of the Planning Commission. Vote: Motion carried unanimously. Newly-elected Chrmn. Joos passed the gavel back to Chrmn. Kahleck for continuation of the meeting. VI. PUBLIC HEARING: BECKRICH PARK ESTATES PRELIMINARY / FINAL PLAT Chrmn. Kahleck opened the public hearing to consider an application for the preliminary plat and final plat of Beckrich Park Estates, lying east of County Road 79 and north of County Road 78 . The Ass 't Planner stated that the City Council had approved the final plan for the Beckrich Park Estates Planned Unit Development on March 17, 1992 . She added the developer for this PUD has not submitted an application for concurrent approval of the preliminary and final plat. Discussion was held on the terms of the 40% reduction in park dedication fees as allowed by Section 11. 40 (Planned Unit Development) , Subd. 4 of the City Code. Minutes of the Page - 3 Shakopee Planning Commission April 9, 1992 Comm. Spurrier stated that a 40 percent reduction in park dedication is excessive and recommended something less than 40 percent. Discussion was held regarding the on-site septic system facilities for each lot. Chrmn. Kahleck asked for questions from the audience. There was no response. Chrmn. Kahleck closed the public hearing. Motion: Spurrier/Joos moved that the condition of cash payment in lieu of a land park dedication to be based on a 20 percent credit for open space not to exceed one-half the difference between this amount and the dedication amount of the adjacent subdivision. Discussion was held on staff providing historical information on this issue. Comm. Spurrier stated he wants to see some justification as to why the 40 percent credit is being recommended by staff. He stated this information should be made available to the Planning Commission. Discussion continued. The City Planner stated that the recommendation of staff is for a credit up to 40 percent of the park dedication requirements so if the Planning Commission wants less, this could be made a part of the condition. Discussion continued. Motion and second withdrawn. Comm. Mars suggested a general re-examination of the park dedication policy. He added that he would like to see further review conducted and made a part of the park dedication fee condition placed on the approval of the plat. Chrmn. Kahleck stated that with this condition, approval of the final plat really remains open. Discussion held. Motion: Mars/Zak moved to recommend to the City Council approval of the application for concurrent preliminary and final plat approval of Beckrich Park Estates subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a developer' s agreement for the construction of the required improvements. Minutes of the Page - 4 Shakopee Planning Commission April 9, 1992 A. Water system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission (SPUC) . B. Electric system shall be installed in accordance with the requirements of SPUC. C. Street lighting shall be installed in accordance with the requirements of SPUC. D. Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. E. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. F. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250 . 00 each per sign pole. G. Cash payment in lieu of a land park dedication shall be required for each lot ($430. 55 per lot based on a 40 percent credit for open space -refer to Sec. 11. 40, Subd. 4E) . 3 . Approval of the recorded covenants by the City Attorney. The applicant must provide a copy of the recorded covenants which address ownership, maintenance, and use of the private open space prior to the recording of the final plat. 4 . The following lots have been granted a variance from the minimum lot area requirement of 2 .5 acres: Lot 1, 2 , 3 , 4, 5, and 6, Block 2 Lot 1, Block 3 Lots 1, 2 , 3 , 4, and 5, Block 4 Lots 1, 2 , 3 , 4, 5, and 6, Block 5 Lots 1, 2 , 3 , 4 , 5, 6, and 7, Block 7 Lot 1, Block 8 Lots 1, 2 , 3 , 4 , 5, and 6, Block 9 5 . The developer must comply with the conditions of the final approval of the Planned United Development. 6. Approval by the Building Official of the sewer plan, the analysis of soil conditions and the design standards for each residential site. Minutes of the Page - 5 Shakopee Planning Commission April 9, 1992 7 . Approval by the City Engineer of the erosion control plan, a report addressing construction site erosion and the protection of wetlands, and a schedule for the re- establishment of turf. 8 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 9 . The applicant shall complete the wetland review process (Wetlands Conservation Act of 1991) prior to final plat approval by the City Council. Vote: Motion carried unanimously VII. FINAL PLAT - THE MEADOWS 7TH ADDITION The Ass 't Planner stated that Gold Nugget Development, Inc. , has submitted a final plat for The Meadows 7th Addition, located south of 11th Avenue and east of County Road 79 . She added this plat contains 47 single family lots and 2 outlots on 81.74 acres . The Ass 't Planner stated that staff is recommending the developer construct an 8 foot trail within the Upper Valley Drainageway as a condition of approval for the 7th Addition. Wayne Fleck questioned why he has to construct the drainageway trail. Discussion was held on this issue. Paul Cherney questioned why they had to go into the previously developed plat to build the drainageway trail. Discussion was held. Comm. Spurrier stated that placing a trail system through two lots for access to the Upper Valley Drainageway and Trail will affect the property values and the viability of these lots. Chrmn. Kahleck asked for comments from the audience. There were none. The Public Works Director stated that the City will be doing the sidewalk installation on Vierling Drive. Motion: Mars/Kelly moved to recommend to the City Council approval of the final plat of The Meadows 7th Addition, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a developer's agreement for construction of required improvements. Minutes of the Page - 6 Shakopee Planning Commission April 9, 1992 A. Street lighting to be installed in accordance with the requirements of SPUC. B. Water system to be installed in accordance with the requirements of SPUC. C. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. Electric system to be installed in accordance with the requirements of the SPUC Manager. F. The applicant will be required to dedicate Outlot A to the City to help meet the parkland dedication requirement. A credit of . 384 acres from the 6th Addition shall be applied to The Meadows 7th Addition' s requirement. The dedication of Outlot B ( . 1. 0383 acres) results in a parkland dedication requirement of .4059 acres. Cash payment for this balance shall be made in lieu of additional parkland dedication for this plat. G. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. H. The applicant shall construct the Upper Valley Drainage Trail and the connecting trail from Goldenrod Lane to the drainageway (8 feet wide) . 3 . The developer shall submit a revised final plat which shows the easement for all of the Upper Valley Drainageway prior to approval of the final plat by the City Council. 4 . The developer shall submit a revised final plat which shows revised street names within the plat. The cul-de- sac called "Yarrow Circle" shall be changed to Dakota Circle. The names of the streets currently called Goldenrod Lane and Goldenrod Court should be changed to names that are less similar to existing names of streets within the City. Minutes of the Page - 7 Shakopee Planning Commission April 9, 1992 5 . The developer shall provide a recordable agreement stating that not more than 10 percent of the plat will be developed into twin homes. Twin homes will require separate utility connections and sites must be identified prior to installation of utilities. 6. The developer will be responsible for the grading of the plat as shown in the preliminary drainage plan. 7 . The developer shall execute and record a 16 foot wide pedestrian access easement between Lots 8 and 9 of Block 1. 8 . Outlot B must be labeled as a public drainage and utility easement. 9 . No direct accesses from individual lots will be allowed to Vierling Drive. Discussion once again held on the requirement for the trail easement between Lots 8 and 9 of Block 1. Motion: Comm. Spurrier moved to amend the motion to delete the condition to require the developer to execute and record a 16 foot wide pedestrian access easement. Motion died for lack of second. Comm. Spurrier stated that this requirement for a trail easement was not on the preliminary plat and doesn't believe this is necessary for this plat given the locality of nearby sidewalks. He added that it is ill-advised to incorporate this requirement into the plat. Discussion was held on the disadvantages vs. the advantages of the trail requirement. The developer stated they will comply with the wishes of the Planning Commission because they would like a decision tonight. Vote: Motion carried with Comm. Spurrier voting "No. " VIII. FINAL PLAT - PRAIRIE ESTATES 2ND ADDITION The Ass 't Planner stated that this is the second phase of the development, which is located south of 11th Avenue and west of Prairie Estates 1st Addition. She added that this plat consists of 18 lots and 1 outlot on approximately 13 . 08 acres with an average lot size of 14, 689 square feet. Minutes of the Page - 8 Shakopee Planning Commission April 9, 1992 Discussion was held on the high number of cul-de-sacs within the plats being proposed. Chrmn. Kahleck asked the applicant if he had any questions. The applicant did not. Discussion was held on the sidewalk / trail plan, which is in the process of being prepared by staff. Motion: Zak/Joos moved to recommend to the City Council approval of the final plat of Prairie Estates 2nd Addition, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a developer' s agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of SPUC. B. Water system to be installed in accordance with the requirements of SPUC. C. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250 . 00 each per sign pole. E. The developer shall construct a sidewalk within the right-of-way for 11th Avenue between Prairie Estates 1st Addition and Naumkeag Street, except the west 200 feet, that complies with the Design Criteria and Standard Specifications of the City of Shakopee. F. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The developer shall provide a recordable agreement stating that not more than 10 percent of the plat will be developed into twin homes. Twin homes will require separate utility connections and sites must be identified prior to installation of utilities. Minutes of the Page - 9 Shakopee Planning Commission April 9, 1992 4 . No building permits shall be issued for Outlot A (6 . 07 acres) until the outlot is replatted. 5. The developer will be responsible for the grading of the plat as shown in the preliminary drainage plan. 6 . The park dedication requirement for this plat is . 70 acres (10 percent) . A credit of 2 . 01 acres exists from the dedication of Outlot B with Prairie Estates 1st Addition. This credit shall be applied to the park dedication requirement of this plat. The resulting credit of 1. 31 acres shall be applied to future subdivision plats for Prairie Estates. Vote: Motion carried unanimously. IX. PUBLIC HEARING: ZONING ORDINANCE AMENDMENT/RETAIL SALES IN THE INDUSTRIAL DISTRICTS Chrmn. Kahleck opened the public hearing to consider a zoning ordinance amendment which would allow limited retail sales as a conditional use in the Heavy Industrial (I-2) district. The City Planner noted that on March 17, 1992 , the City Council directed staff to prepare an ordinance amendment which would allow certain commercial uses in the industrial districts near a highway as a conditional use. He added that staff is not aware of any changes to the development conditions in the industrial area east of the racetrack which would nullify the recommendation made in 1986 after the racetrack study. He stated he believes there is still a need to protect the industrial area east of the racetrack. The City Planner stated that staff continues to view retail uses as not being compatible generally in the industrial zones . Discussion was held on whether or not 15 percent of the floor area is too large an area for retail sales in the industrial zone. Comm. Spurrier stated that the Planning Commission should look very closely at this percentage and how it pertains to all industrial uses. Comm. Zak stated that the City needs to preserve the I-2 district because the value of this land will increase as development increases. He added that this area should be protected for industrial uses. Chrmn. Kahleck asked for comments from the audience. Minutes of the Page - 10 Shakopee Planning Commission April 9, 1992 Rod Krass, attorney for Jack Brambilla, was present to discuss this amendment as it would directly affect his client. He stated that Mr. Brambilla had looked at the possibility of tax increment financing, but the City Council decided that the ordinance should be revisited rather than pursuing the use of tax increment financing. Mr. Krass stated that at one time commercial uses had been allowed in the I-2 zone and since 1986, after the amendment change, no development has occurred in this area. He added this is not just a planning decision but a decision of fairness where the City had agreed to help Mr. Brambilla when the mini-bypass came through. Mr. Krass stated that the City Council had directed staff to draw up an ordinance that would get Mr. Brambilla into the I-2 zone. He suggested that the City look at being more restrictive with retail sales in the industrial zone, but still allow limited retail sales, such as Mr. Brambilla' s, in the industrial zones. Discussion was held on the square footage for retail sales Mr. Brambilla was proposing for his building. Jack Brambilla stated there are no other B-i areas in Shakopee with sewer and water that are available for his facility. Chrmn. Kahleck asked for comments from the audience. Steve Korte, Conklin Company, Inc. , stated this issue has been revisited countless times. He added that the purpose of the City is to provide good land management. He stated that as a representative for Conklin, they do not feel that used car sales would be appropriate in an I-2 zone. Mr. Korte questioned what had changed since August when the ordinance amendment was first proposed. He said that between the Planning Commission and the City Council there have been six denials to this item, but this issue still keeps coming back. Mr. Korte added that the Conklin Company had been promised that no additional retail uses would come into the industrial zone. He is concerned with the inconsistency from the City. Mr. Korte questioned if limited retail sales were allowed in the industrial zone, how this would be enforced. He added that the companies in the area should not have to be responsible for policing retail sales lots to ensure that all the conditions are being met. He added that if this use is allowed, a precedent will be established with retail sales Minutes of the Page - 11 Shakopee Planning Commission April 9, 1992 merging with industrial uses, and he feels that this is a safety issue. He stated that the existing tenants in the industrial zone are trusting the City that the zone will remain for industrial uses. He added the integrity of the City is at risk in continuing to look at this type of ordinance amendment. Mr. Korte requested that the Planning Commission concur with the recommendation of the City Planner and once again recommend denial of this ordinance amendment. Chrmn. Kahleck asked for further comments from the audience. There were no further comments. Chrmn. Kahleck closed the public hearing. Motion: Joos/Zak moved to recommend to the City Council denial of the proposed amendment. Vote: Motion carried unanimously. X. PUBLIC HEARING: SOUTH PARKVIEW 2ND ADDITION/PRELIMINARY AND FINAL PLAT Chrmn. Kahleck opened the public hearing to consider an application for the preliminary and final plat of South Parkview 2nd Addition, lying directly north of Vierling Drive (13th Avenue) and west of County Road 15 . The City Planner stated that Cletus Link has submitted an application for concurrent preliminary and final plat approval for South Parkview 2nd Addition. He stated the proposed plat is located north of Vierling Drive and west of County Road 15 , covering 13 . 8 acres for a proposed 49 lots. The City Planner stated the applicant received preliminary plat approval in 1984 and final platted all of the right-of- way and the northern one-third of the lots as South Parkview 1st Addition. This plat is a replat of Outlots A, B, C, and D of South Parkview 1st Addition. The City Planner stated that when the preliminary and final plats were approved (1984 and 1985) the conditions of approval did not clearly address whether or not a lift station could be constructed on a temporary or permanent basis. He added that the current City policy is to require developers to be responsible for the construction and maintenance of lift stations. The City Planner stated that the applicant is requesting that a lift station be allowed to be constructed with the City Minutes of the Page - 12 Shakopee Planning Commission April 9, 1992 taking responsibility for its operation and maintenance. The developer is also requesting to not have to pay for future costs of the VIP Interceptor as it is extended west through his property since his subdivision would be served by the lift station and the existing sewer lines to the north. The City Planner stated that new information from MnDot had been received since the writing of the staff report. MnDot is requesting that Outlot A not be given final plat approval since they have not yet determined the amount of right-of-way that will be needed for the bypass interchange. The City Planner stated that staff is recommending approval, but only if the developer agrees to all of the conditions discussed in the staff report. Discussion was held on the similar roadway names within the plat and the need for additional right-of-way by MnDOT. The consensus of the Planning Commission was that it is getting a little late for MnDOT to be requiring additional right-of-way. The City Planner stated that at this time the City does not have the exact footage that will be needed by MnDot nor does the City know when the exact footage will be determined by MnDOT. Clete Link, developer, stated that MnDOT has had since 1984 to come forth if they needed additional right-of-way. He also voiced his concern regarding the lift station. Mr. Link stated that he believes the City should accept the maintenance of the lift station. He added that the lift station has already received approval, but now it' s being designated as a temporary lift station. He stated that had the City indicated that this would be temporary when South Parkview 1st Addition was platted, they may not have proceeded with Phase I of the development. He added that the project is not feasible if the lift station is temporary. He added that the plat cannot be changed because there the waterline has already been constructed down Jefferson Street. Norbert Theis stated he has a problem with County Road 15 . He stated that the City has landlocked his parcel with the park area. He added that MnDOT will not be taking any more of his land for County Road 15. He stated he has no problem with this proposed development. The Planning Commission decided that the lift station issue was one for the City Council to resolve. Chrmn. Kahleck asked for further comments from the audience. Minutes of the Page - 13 Shakopee Planning Commission April 9, 1992 There were none. Chrmn. Kahleck closed the public hearing. Discussion was held on the additional right-of-way issue and on how many lots are involved within Outlot A. The City Planner stated if Outlot A does not receive plat approval at this time, these lots would have to come back to the City for final plat approval after MnDOT reaches its decision on the amount right-of-way needed. Mr. Link asked how long MnDOT would take to make its decision on the additional right-of-way. He added he really doesn't want to wait for MnDOT to make up their mind as that could be a long wait. Motion: Zak/Spurrier moved to table action on the preliminary plat of South Parkview 2nd Addition until the next Planning Commission meeting and to recommend that the City Council deal with the issue of the lift station. Vote: Motion carried with Comm. Kelly and Joos voting "No. " XI. PUBLIC HEARING: CONDITIONAL USE PERMIT/MINNEAPOLIS NORTHSTAR AUTO AUCTION, INC. Chrmn. Kahleck opened the public hearing to consider an application for a conditional use permit to allow retail sales upon the property located at 4908 Valley Industrial Blvd. The Ass 't Planner stated that the Minneapolis Northstar Auto Auction is requesting a conditional use permit to allow retail sales in 15% of their structure located within a Heavy Industrial (I-2) zone. She added that although the principal business of the Auto Auction is wholesale car auctions, occasionally they auction vehicles for governmental agencies that require the auctions to be open to the public. She stated that in addition to the government auctions, the applicant is proposing to occasionally have special sales which would be open to the public. The Ass 't Planner stated that staff had received a letter from Mark Gruss, President of Fremont Industries, Inc. , stating his opposition to the conditional use permit request. This letter was included as an attachment to the staff report. She added that since the writing of the staff report, a phone call had been received from Mr. Gruss rescinding his letter of opposition. Minutes of the Page - 14 Shakopee Planning Commission April 9, 1992 Discussion was held on the location and amount of space being proposed to be used for these auctions. Chrmn. Kahleck asked for comments from the applicant. Bill Plato, attorney for Minneapolis Auto Auction, stated that his client' s building was built to take care of the performance standards placed on this zone by the City. He added that the cars will not be visible from any part of the highway. Discussion was held on the method of displaying the vehicles. Comm. Spurrier once again stated his concerns with commercial uses in the industrial park. He requested the display area be limited to 15 percent of the building in order to meet the requirements of the zoning ordinance. He added that this should include the area used for the display of the cars. Discussion was held on the 15 percent retail area. Comm. Joos stated that with the conditions placed upon the conditional use permit, he doesn't see any problem with the request. Discussion was held on keeping this zone as specific as possible relative to the 15 percent floor space issue. Chrmn. Kahleck asked for further comments from the audience. There were none. Chrmn. Kahleck closed the public hearing. Motion: Spurrier/Joos moved to approve Conditional Use Permit Resolution No. 630, allowing Minneapolis Northstar Auto Auction, Inc. , to conduct auctions for the general public, subject to the following conditions: 1. Auction sales and display areas available to the general public shall be limited to a space that equals no more than 15 percent of the floor area of the Auto Auction / Covered Parking Building (which is the principal structure) as illustrated on the submitted floor plan. 2 . The number of auction sales which invite the general public shall be limited to no more than ten days per year. 3 . The City Administrator has the authority to require the Planning Commission to review the permit if complaints are received. Minutes of the Page - 15 Shakopee Planning Commission April 9, 1992 Discussion was held on the difference between this request and the request to consider a zoning ordinance amendment that would allow limited retail sales as a conditional use in the I-2 district. Comm. Kelly questioned how the conditions placed on this conditional use permit would be enforced, and requested the applicant provide a schedule of dates for the retail sales. Motion to amend: Kahleck/Joos moved to amend the motion to include the following added condition: 4 . The applicant shall submit a notice of the scheduled retail sales within 10 days of each sale. Vote: Motion carried unanimously Vote on main motion as amended: Motion carried with Comm. Mars and Zak voting "No. " XII . PUBLIC HEARING: REZONING OF 1/2 ACRE OF POLK STREET Chrmn. Kahleck opened the public hearing to consider a request to rezone approximately 1/2 acre of the unconstructed Polk Street, lying on the east border of Shakopee Town Square and north of 12th Avenue. The Ass 't Planner stated that the portion of Polk Street between 10th Avenue and 12th Avenue had recently been approved for vacation by the City Council. The area was platted with Valley Mall 1st Addition in 1979, but this portion of the street was never constructed. She added that in order to include this area within the proposed plat for Minnesota Valley 7th Addition, it must be rezoned from Highway Business to Urban Residential. Chrmn. Kahleck asked for comments from the audience. There were none. Chrmn. Kahleck closed the public hearing. Motion: Joos/Zak moved to recommend to the City Council approval of the application to rezone the recently vacated east 30 feet of Polk Street between 10th Avenue and 12th Avenue from Highway Business to Urban Residential, contingent upon the purchase of the recently vacated 30 feet of right-of- way by the applicant. Vote: Motion carried unanimously. Minutes of the Page - 16 Shakopee Planning Commission April 9, 1992 XIII.FINAL PLAT OF MINNESOTA VALLEY 7TH ADDITION The Ass 't Planner stated this plat is located east of the Shakopee Town Square Mall and north of 12th Avenue, and consists of 27 lots on 8 . 11 acres. She added that a portion of 11th Avenue west of Tyler Street does not currently have curb and gutter, and the pavement has deteriorated. She stated that the City Engineer is recommending the developer reconstruct this half block and install all utilities. The Asst Planner stated that at the public hearing for preliminary plat approval there were a number of concerns from the public and members of the Planning Commission regarding the high amount of traffic currently existing in this area. She added that a traffic impact study had been conducted, and the conclusion of this report is that the Minnesota Valley 7th Addition will not have a significant impact on the traffic volumes on the adjacent local streets. The Ass 't Planner stated that MnDOT has submitted a letter stating their support for the current proposal to tie Polk Street into Tyler Street using 11th Avenue, as this would eliminate the need for an additional intersection on Highway 300 between the main entrance to the Mall and the church. Discussion was held on making multi-family residential a buffer zone and that if the plat is approved as presented, 11th Avenue would be constructed outside the proposed plat. Comm. Spurrier stated his concern regarding opening up the pedestrian way between two lots. He added that the pedestrian way is needed and appropriate, but the final plat as presented doesn't allow for an adequate pedestrian corridor. Comm. Spurrier recommended that the pedestrian right-of-way be at least 20 feet in width. Discussion was held on the width of the pedestrian right-of- way, the reconstruction of 11th Avenue, and signage placement for the gas line within the plat. Chrmn. Kahleck asked for comments from the applicant. Randy Laurent stated they are in agreement with the conditions placed on the plat except for the condition that the developer reconstruct the portion of 11th Avenue between Tyler and the proposed development and be responsible for the installation of all utilities. He added they have agreed to pay 50 percent of the road improvement cost. Chrmn. Kahleck asked for any comments from the audience. Minutes of the Page - 17 Shakopee Planning Commission April 9, 1992 There were no comments. Motion: Zak/Joos moved to recommend to the City Council approval of the final plat of Minnesota Valley 7th Addition, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a developer's agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. B. Water system to be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. C. Storm sewer system shall be installed in accordance with the requirements of the City Engineer. D. Sanitary sewer system shall be installed in accordance with the requirements of the City Engineer. E. Local streets will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. F. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. G. Cash payment in lieu of park dedication shall be required. 3 . The 30 feet of the 60 foot right-of-way for Polk Street included in the proposed plat for Minnesota Valley 7th Addition will be vacated upon receipt of the executed plat. This portion of the right-of-way must be purchased by the developer. Documentation of this purchase must be provided to the City prior to the recording of the final plat and documented in the title opinion. 4 . The applicant shall submit a revised final plat to show the vacated portion of Polk Street as a part of the Lots 2 through 13 within Block 1, rename Outlot A to Polk Street and dedicate Outlot A to the City as right-of-way, clarify the status of Outlot B, and identify the document numbers for the existing easements within the plat. Minutes of the Page - 18 Shakopee Planning Commission April 9, 1992 5 . Outlot B (752 square feet in size) must be sold to the neighboring property owner or be added to Lot 1, Block 1, rather than be allowed to remain as an unusable parcel prior to the final plat approval. 6 . No building permits will be issued for Lot 11, Block 1, until the buried electric line that crosses it is relocated within a drainage and utility easement. The proposed location must be provided on a revised final plat. The buried sanitary sewer line within the same vicinity will no longer be required and shall be abandoned. 7 . The developer shall be responsible for the reconstruction of that portion of 11th Avenue between Tyler Street and the proposed development, including the installation of all utilities. Storm sewers shall be installed to 11th Avenue and Tyler Street by the developer and costs will be reimbursed by the City. 8 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 9 . The applicant must submit a landscaping plan to retain and enhance a buffer between the proposed residential development and the commercial and church properties prior to final plat approval. 10 . The developer shall execute and record a 16 foot wide pedestrian access easement between Lots 11, and 12 , Block 1, and install an 8 foot wide bituminous path within this easement. The 4 foot wide easement on each of the sides of this path shall be landscaped by the developer to provide screening for the adjacent homeowners. 11. Approval of the final plat is contingent upon the applicant receiving a Certificate of Exemption for the Wetlands Conservation Act of 1991 from the City of Shakopee. 12 . An Erosion Control Plan and report which addresses construction site erosion, and turf re-establishment shall be submitted and approved by the City Engineer prior to the issuance of a building permit for the site. Motion to amend: Spurrier/Mars moved to amend the motion to delete the condition regarding the submittal of a landscaping plan to retain and enhance a buffer between the proposed residential development and the commercial and church properties. Minutes of the Page - 19 Shakopee Planning Commission April 9, 1992 Comm. Joos stated that if this amendment is carried, he will withdraw his second to the main motion. Vote on the amendment: Motion failed with Comm. Joos, Zak, and Kelly voting "No. " Vote on main motion: Motion carried with Comm. Spurrier voting "No. " The Planning Commission recessed its meeting at 10: 15 p.m. The Planning Commission reconvened its meeting at 10: 30 p.m. XIV. PUBLIC HEARING: PRELIMINARY PLAT OF MAPLE TRAILS ESTATES Chrmn. Kahleck opened the public hearing to consider an application for the preliminary plat of Maple Trails Estates lying on the east side of County Road 17 and across from Timber Trails Addition. The City Planner stated Laurent Builders, Inc. , has submitted an application for preliminary plat approval of Maple Trails Estates, which consists of 31 lots and covers 111 acres. He added that the cul-de-sacs within the plat are 1300 feet in length, but that the ordinance allows for only 1000 feet within the rural area. He stated that the code limitation for cul-de-sacs will only allow Lots 1 through 4 , Block 1 and Lot 1, Block 6 to be developed. He added that the applicant is working with the abutting property owners to provide an additional outlet for the proposed plat. The City Planner stated that staff is recommending the Planning Commission table action on the preliminary plat until the cul-de-sac issue is resolved. He added that staff feels additional research is needed to establish a more comprehensive policy prior to plat decision. Comm. Joos stated his concerns relative to the permitted 2 1/2 minimum acreage in the R-1 zone. He suggested a policy whereby prospective buyers be made aware that they may be assessed for connection to the City water system. Discussion was held whether a policy should be established on the length of cul-de-sacs or the number of lots that should be permitted to develop on a cul-de-sac. The City Planner reported on the letter received by the City dated April 5, 1992, from Jim Sorenson and Lori Lesinski, adjacent property owners to the proposed plat. He stated this letter indicates support of the development, but also voices Minutes of the Page - 20 Shakopee Planning Commission April 9, 1992 concern with potential overlaps unto their property. Chrmn. Kahleck asked for comments from the developer. Gary Laurent stated that he has already met with Mr. Sorenson to resolve his concerns. Mr. Laurent stated that he had called the cities surveyed in staff ' s memo relative to their length of allowable cul-de- sacs, and the main difference is whether or not a cul-de-sac is temporary or permanent in nature. He added the real key is future access and sufficient turnaround footage. He suggested the City define temporary and permanent cul-de-sacs. He recommended a public hearing be held regarding the length of cul-de-sacs and requested that the preliminary plat come back to the Planning Commission at the same time as the public hearing on the cul-de-sacs. Discussion was held on double and triple frontages for some of the lots. Chrmn. Kahleck asked for comments from the audience. Kermit Bishof stated that in 1980, Mr. Hohenstein, owner of Maple Trail Estates, installed a pipe line to drain the duck pond. He added this pipe line did not work so Mr. Hohenstein dug a ditch so now the water goes through his parcel and floods his property. He questioned what would happen to this ditch and the drainage when the plat is developed. He also questioned the pedestrian traffic that would be on his property. The Public Works Director stated that the preliminary plat has not been approved by staff because there are a number of items that need to be reviewed and have not been addressed because the cul-de-sac issue needs to be resolved first. He added that he would not give approval for access through Mr. Bishof ' s land. Chrmn. Kahleck asked for further comments from the audience. Jim Sorenson stated he owns the 10 acre exception within the plat. He stated that his concerns are relative to boundaries, which should be resolved by a survey and re-description of the parcel. He added there are some pre-existing conditions that need to be taken into account before plat approval. He stated he supports the development and trusts that his concerns will be resolved. Chrmn. Kahleck asked for further comments from the audience. There was no response. Minutes of the Page - 21 Shakopee Planning Commission April 9, 1992 Motion: Joos/Zak moved to continue the public hearing on the preliminary plat of Maple Trails Estates to the May Planning Commission meeting. Vote: Motion carried unanimously. XV. PUBLIC HEARING CONTINUED: ZONING ORDINANCE AMENDMENT/RETAIL SALES IN THE I-2 ZONE Chrmn. Kahleck continued the public hearing to consider a zoning ordinance amendment to clarify retail sales in the Heavy Industrial (I-2) district. The City Planner stated that since the conditional use permit for Minneapolis Northstar Auto Auction, Inc. , had been approved by the Planning Commission, the applicant was withdrawing his request for review and clarification of retail sales activities in the I-2 district. Chrmn. Kahleck closed the public hearing. Motion: Joos/Mars moved to accept the withdrawal of the request for a text amendment to the I-2 ordinance by the applicant. Vote: Motion carried unanimously. XVI. PUBLIC HEARING CONTINUED: CONDITIONAL USE PERMIT/RAHR MALTING Chrmn. Kahleck continued the public hearing to consider an application for a conditional use permit to construct an industrial waste treatment plant at 800 West 1st Avenue. Motion: Mars/Spurrier moved to continue the public hearing for further information to the May Planning Commission meeting. Comm. Spurrier stated that staff needs to contact Rahr Malting and advise them that some of their trucks are being re-routed in from the east, when they had assured the Planning Commission that these trucks would be coming in from the west. He added that these trucks are causing damage to 3rd Avenue. The Public Works Director stated that Rahr Malting has been notified, but these are not Rahr's drivers but independent drivers. He added that representatives from Rahr have stated that it is difficult to control independent drivers. Minutes of the Page - 22 Shakopee Planning Commission April 9, 1992 The consensus from the Planning Commission was that Rahr Malting should have control over all their drivers. Vote: Motion carried unanimously. XVII .PUBLIC HEARING: CONDITIONAL USE PERMIT/CITY OF SHAKOPEE Chrmn. Kahleck opened the public hearing to consider an application for a conditional use permit to allow the construction of the Highway 169 bridge in the Floodplain District. The Ass 't Planner stated that the proposed T.H. 169 Minnesota River Crossing (mini-bypass) requires a conditional use permit for construction within the Floodplain District. Chrmn. Kahleck asked for comments from the audience. There was no response. Chrmn. Kahleck closed the public hearing. Motion: Zak/Spurrier offered Conditional Use Permit Resolution No. 631, A Resolution Of The City Of Shakopee, Minnesota, Granting A Conditional Use Permit To Construct The T.H. 169 Minnesota River Crossing Within The Floodplain District, and moved for its adoption. Vote: Motion carried unanimously. XVIII . PUBLIC HEARING; CONDITIONAL USE PERMIT/CITY OF SHAKOPEE Chrmn. Kahleck opened the public hearing to consider an application for a conditional use permit to allow the construction of the Bloomington Ferry Bridge in the Floodplain District. The Ass 't Planner stated that the proposed Bloomington Ferry Bridge requires a conditional use permit for construction within the Floodplain District. Chrmn. Kahleck asked for comments from the audience. There was no response. Chrmn. Kahleck closed the public hearing. Motion: Spurrier/Zak offered Conditional Use Permit Resolution No. 632, A Resolution Of The City Of Shakopee, Minnesota, Granting A Conditional Use Permit To Construct The Bloomington Ferry Bridge Within The Floodplain District, and Minutes of the Page - 23 Shakopee Planning Commission April 9, 1992 moved for its adoption. Vote: Motion carried unanimously. XIX. EVERGREEN 1ST ADDITION EASEMENT VACATION The Ass 't Planner stated that on March 5, 1992 , the Planning Commission tabled their decision of whether or not to recommend to the City Council the vacation of a 10 foot drainage and utility easement along the eastern lot line in Lot 1, Block 3 , Evergreen 1st Addition. The Ass 't Planner stated that the applicant, Laurent Builders, Inc. , is proposing that the western 4 feet of this 10 foot drainage and utility easement be vacated in order to construct a structure within the easement. She added that SPUC has stated they need to retain at least a 6 foot easement due to existing utilities and that the 4 foot vacation would be acceptable to them if the electric cable were protected with pipe and cement. The Ass 't Planner stated that the staff report recommends denial of the application due to a lack of a drainage and utility easement between Evergreen 1st Addition and Minnesota Valley 4th Addition. However, due to limited utilities and the elevations in the area, the City Engineer stated that he would have no major concerns if the Planning Commission decided to vacate the easement, but the approval of this vacation would be in conflict with current policies. Motion: Kelly/Spurrier moved to recommend to the City Council approval of the vacation of the western 4 ' of the 10 ' drainage and utility easement within Lot 1, Block 3 , Evergreen 1st Addition. Discussion was held if approval of the motion would set a precedent. Vote: Motion carried unanimously. XX. REZONING SOUTH OF VIERLING DRIVE FROM R-2 TO R-3 The City Planner stated that staff is requesting the Planning Commission consider initiating the rezoning process for properties north of T.H 101 bypass, south of Vierling Drive, east of the 18-acre commercial parcel along Marschall Road, and west of County Road 16. He added that this long narrow area is difficult to develop into single family lots. He stated that currently this parcel is zoned R-2 (Urban Minutes of the Page - 24 Shakopee Planning Commission April 9, 1992 Residential) , but is recommending it be rezoned to R-3 (Multi-family) . Discussion was held on the plats in this area and if the developer had been notified of this issue. The City Planner stated that the developer has been notified by MnDOT that he would have to install a noise barrier, which would be too expensive for an R-2 development. He added that the developer will be coming in with a new plat. Motion: Joos/Zak moved to direct staff to initiate the rezoning process for the area south of Vierling Drive, east of the 18 acre commercial parcel along County Road 17, west of County Road 16, and north of the T.H. bypass. Vote: Motion carried unanimously. XXI . REVIEW: NBZ CONDITIONAL USE PERMIT The City Planner stated that the conditional use permit and mineral extraction and land rehabilitation permit for the NBZ. , Inc. , is up for review. The City Planner stated that the ready mix plant, which is in violation of the conditional use permit, still exists for the gravel operation. The City Planner added that this issue is still being appealed in the courts. The Planning Commission requested that staff visit the site to determine compliance with code. XXII.OTHER BUSINESS: SECOND PLANNING COMMISSION MEETING No additional April meeting was scheduled by the Planning Commission. XXII .OTHER BUSINESS: MUHLENHARDT ROAD Discussion was held on the action by the City Council for road improvements to Muhlenhardt Road. The Public Works Director stated that the City Council denied paving and vacating this road, but directed staff to design a new connection to County Road 18. He added that now property owners in this area have petitioned for roadway improvements. He stated the City Council has taken no action on the petition until its been determined that it is a valid petition. Minutes of the Page - 25 Shakopee Planning Commission April 9, 1992 XXII.OTHER BUSINESS: COUNTY ROAD 18 SPEED LIMIT Discussion was held on the speed limit set for County Road 18 and the number of accidents due to driving in excess of the speed limit. XXIII . ADJOURNMENT The meeting of the Shakopee Planning Commission adjourned at 11: 40 p.m. DRAFT OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota April 9 , 1992 MEMBERS PRESENT: Joos, Spurrier, Kelly, Zak, Mars, Kahleck MEMBERS ABSENT : Christensen STAFF PRESENT Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Jane VanMaldeghem, Recording Secretary I. ROLL CALL Chrmn. Joos called the Board of Adjustments and Appeals to order at 7 : 30 p.m. Roll call was taken as noted. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF MARCH 5 , 1992 MEETING MINUTES The meeting minutes were approved as presented with Comm. Mars abstaining due to his absence. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. OTHER BUSINESS - ELECTION OF OFFICERS Discussion was held whether or not to hold the election of officers without a full Board present. The consensus was that it may be difficult to predict if a full Board would be present at the May meeting. Motion: Zak/Mars moved to recess to the meeting of the Planning Commission. Vote: Motion carried with Comm. Spurrier voting "No. " The Board of Adjustments and Appeals recessed at 7 : 35 p.m. The Board of Adjustments and Appeals reconvened at 11: 45 p.m. The City Planner conducted the nominations for Chairperson of the Board of Adjustments and Appeals. Comm. Kahleck nominated Comm. Mars. Minutes of the Page - 2 Board of Adjustment and Appeals April 9, 1992 Motion: Spurrier/Zak moved to close nominations and cast a unanimous ballot for Comm. Mars as Chairperson for the Board of Adjustments and Appeals. Vote: Motion carried unanimously. Comm. Kahleck nominated Comm. Spurrier as Vice Chairperson of the Board of Adjustments and Appeals. Motion: Mars/Zak moved to close nominations and cast unanimous ballot for Comm. Spurrier as Vice Chairperson of the Board of Adjustments and Appeals. Vote: Motion carried unanimously. Comm. Kahleck nominated Comm. Christensen as Second Vice Chairperson of the Board of Adjustments and Appeals. Motion: Spurrier/Mars moved to close nominations and cast unanimous ballot for Comm. Christensen as Second Vic,:: Chairperson of the Board of Adjustments and Appeals. Vote: Motion carried unanimously. VI. ADJOURNMENT The meeting of the Board of Adjustments and Appeal-; adjourned at 11: 45 p.m. * )I MINUTES OF THE • SHAKOPEE PUBLIC UTILITIES COMMISSION SPECIAL MEETING The Shakopee Public Utilities commission convened in special session on March 23 , 1992 in the Utilities meeting room. • MEMBERS PRESENT: Commissioners Cook, Kirchmeier and O'Toole. Also Liaison Sweeney, and Manager VanHout. This special meeting had been announced at the regular SPUC meeting of March 2, 1992 . President Cook noted with regret that former Utilities Commissioner Russ Nolting had passed away last week, and he wished to convey the sympathies to the family on behalf of the Commission . The five year capital improvement plan of the Shakopee Public Utilities Commission for the electric, water, and general facilities was discussed. Modifications will be incorporated into the draft and it will be reviewed again prior to adoption . The next regular meeting of the Shakopee Public Utilities Commission will be held April 6 , 1992 at 4 : 30 P.M. in the Utilities meeting room as set previously. Motion by Kirchmeier, seconded by O'Toole that the special meeting be adjourned. Motion carried. -/LC( i,.)v . � ni'1 Commission Secr tary, Barbara Menden tkli MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on March 2, 1992 at 4 : 30 P.M. in the Utilities meeting • room. MEMBERS PRESENT: Commissioners Cook, Kirchmeier and O'Toole. Also Liaison Sweeney, Manager Van Hout and Secretary Menden . Motion by O'Toole, seconded by Kirchmeier that the minutes of the February 3 , 1992 regular meeting and the February 5, 1992 special meeting be approved as kept . Motion carried. BILLS READ: City of Shakopee 20,032 . 00 ABM Equipment and Supply, Inc . 15 .84 ARA/CORY Refreshment Services 78 . 00 American Test Center 1 ,600 . 00 Auto Central Supply 33 . 81 R.W. Beck and Associates 14,465 . 86 Border States Electric Supply 541 . 13 J.W. Brose 350 . 00 Bro-Tex, Inc . 96 . 64 Burmeister Electric Company 277 . 10 Chicago and Northwestern Transportation Co. 2 ,050 . 00 City of Shakopee 34 . 31 City of Shakopee 1 ,234 . 64 City of Shakopee 128 . 40 City of Shakopee 84 ,461 . 61 Communications Auditors 37 .23 Cooperative Power 44,935 . 98 Electric Motor Repair, Inc . 126 . 90 Doustead Electric and Mfg. Co. 163 . 20 Feed-Rite Controls, Inc . 116 . 69 General Office Products Co. 79 . 52 Glenwood Inglewood 9. 50 Gopher State One-Call , Inc. 167 . 83 Graybar Electric Co. , Inc . 766 . 66 Hance Cable Testing and Locating 187 . 70 IBM Mn Service 143 . 00 Intertec Publishing Corp. 345 . 00 Leef Bros . , Inc . 22 . 72 M-V Gas Co. 8. 25 • • McGrann Shea Franzen Carnival Straughn and Lamb, Chartered • 374 . 39 Minn . Plumbina and Heating, Inc . 210 . 60 Minnesota Valley Electric Coop 37 , 340 . 25 Minnesota Valley Testing Laboratories , Inc . 70 . 00 Motor Parts Service Co . , Inc . 120 . 03 NAPA Auto Parts 68 . 16 Northern States Power Co . Northern States Power Co . 764 . 61 Northern States Power Co. 332 . 32 Parkside Printing, Inc . 124 . 75 Pitney Bowes 156 .00 Reynolds Welding Supply Co. 4 . 34 Rollins Oil Co . 221 . 30 Shakopee Public Utilities Commission 57 . 61 Shakopee Services , Inc . 43 . 67 Southwest Suburban Publishing 95 . 00 Star and Tribune 241 . 80 Starks Cleaning Services , Inc . 68 . 00 State Chemical Manufacturing Co . 237 . 99 T & R Service 17 . 00 United Compucred Collections , Inc . 425 . 00 Valley Green Business Park 1 , 542 . 15 Lou Van Hout 50 . 87 Voss Lighting 249 . 60 Water Products Company 6 ,835 . 00 Woodhill Business Products 1 , 751 . 75 Raymond LeMieux 85 . 68 Dean Struck 84 . 24 City of Shakopee 17 ,308 . 00 Motion by Kirchmeier , seconded by O 'Toole that the bills be allowed and ordered paid. Motion carried. Mr. Ralph Menden representing the St . Mary' s Parish in Marystown was present to discuss the demand bills for the new Parish Center . They would like to work with the Shakopee Public Utilities to try and lower their demand for the coming year . Liaison Sweeney gave his liaison report . Mr . Sweeney reported on a upcoming development brought before the City Council with their own water system. The Water System Study was given to the Commission . There are a few changes to be made to the study. Tentative approval of the study was set for the April meeting. The Bill of Sale and Payment Terms for the 150 KVA transformer installed at Murphy ' s Landing was given to Murphy' s Landing representatives and has been returned to the Utilities . The first payment has been made by Murphy ' s Landing. • The Community Development Commission has invited Manager Van Hout to a meeting set for March 18 , 1992 . They will look into various ways to fund the development. of the downtown alley ' s project . The scope of the 12th Ave . Watermain was gone over by the Commission . The concerns of the Shakopee Public Utilities will be given to the City Engineer as the project is being developed . The Minnesota Public Utilities Commission approved the option area customer transfer which took place on March 2 , 1992 . Motion by Kirchmeier, seconded by O 'Toole to accept the engineering report from R .W. Beck and Associates for the electric system study. Motion carried. The feasibility report for Vierling Drive from Co . Rd 17 to Co . Rd. 79 was discussed. The report does not call for any watermains at this time , and states it can be installed as development occurs to adjacent properties . Locations for new and reconstructed watermain on Apgar Street was given to the City Engineer by Manager Van Hout for the feasibility report for that area . Information received at the River Electric Association meeting with Northern States Power Co . was given to the Commission by Commissioner O 'Toole and Manager Van Hout . The status report of the River Electric Association was given . The concensus of the Commission was to have a special meeting to discuss the direction the Shakopee Public Utilities will have to take in the near future . Motion by Cook , seconded by Kirchmeier to authorize Secretary Menden to purchase a new postage machine provided that a second bid is obtained . Motion carried. The C . P .R . classes for the Shakopee Public Utilities Commission employees will be March 25 and 26 , 1992 . Manager Van Hout reported that Representative Kelso is sponsoring some Legislation on behalf of the Minnesota Municipal Utilities Association regarding street lights as public facilities . There were two fire calls for one hour and 30 minutes for the month of February, 1992 There were no lost time accidents for February, 1992 . The next regular meeting will be held on April 6 , 1992 in the Utilities meeting room. A special meeting will be held on March 23 , 1992 at 4 : 30 P.M. to discuss the five year capital improvement plan . Motion by O ' Toole , seconded by Kirchmeier that the meeting be adjourned . Motion carried. r Barbara Menden , Commission Secretary MARCH 22, 1 .2g2 PARK Aur. RFCREATION ADVISORY BOARD MEETING Chairperson Rislund called the meeting to order at 6: 3n p. m. with Board Members TenEyck, Lebens, Johnson, Seifert, Tomczik and Larson present. Staff members Barry Stock, Community Services Director ; Mark McQuillan, Recreation Supervisor; Sherry Dvorak, Temporary Recreation Assistant ; and Kathy Lewis, Receptionist/Recorder of Minutes were also in attendance. Johneon/TenEyck moved to approve the amended Agenda tabling until April ' s meeting the Community Youth Building Report and discussion regarding a mission statement for park and recreation. Motion passed. Seifert/Tomczik moved to approve the February 23 Meeting Minutes as amended. Board member Johnson noted that paragraph 5 should follow paragraph 6 on page 3. Johnson vacated his chair after the motion he made regarding a "mini business fair" at the Showcase. Motion passed. Lebens abstained. Chair Rislund welcomed the representatives of the various local service clubs and associations for coming to the meeting to discuss long and short range plans for Shakopee's park system. She stated the purpose for having this special meeting with the Advisory Board and local organizations is to review the City 's long range plans for park development and share the concerns and ideas local organizations have regarding Shakopee's park system. Representing the organizations were: Duane Wermerskirchen and Andy Bohr of the Jaycees, Joe Dellwo of the Men 's Softball League, Art Quinn, Gary Hartmann and Charlie Fonder of the Youth Baseball/Softball Association, Dean Roper of the Youth Football Association, Dave Edwards of the O'Dowd Lake Chain Association and Jim Stillman, Jim Fehring and Dick Mertz of the Municipal Facility Needs Assessment Sub-Committee. Comments Duane Wermerskirchen of the Jaycees stated his organization is planing to fund the parking lot extension at Tahpah Park for this year. However, the Jaycees would like to put the east- wing veranda on the concession stand if the parking lot construction is being put off until the fall. They would like to see speed bumps placed in the parking lot at Tahpah Park. Joe Dellwo of Men's Softball stated that their organization and the Rotary Club still plan to have lights placed on field #4 at Tahpah Park. It may be a couple of years before than happens .though. Dellwo said the softball organization was also concerned with the parking lot situation (safety) and they also would like to see the City install speed bumps in the parking lot. Art Quinn of the youth baseball/softball association indicated that they need more ballfields for their youth baseball and softball programs. He said, "they are maxed-out" as fields are concerned. They anticipate a large number of registrations this year and the community is growing (population wise) . Mr. Fonder reiterated Mr. Quinne concerns and would like the City to start building facilities for the youth in this community. He doesn 't foresee the School District constructing ballfields for a long time. Mr. Quinn stated the youth programs have had to depend on the School District for fields. Dean Roper of the youth football association expressed no special concerns. He did thank the Jaycees for funding this construction of lights on the youth football field at Tahpah Park. Chair Rislund thanked the representatives of the various organizations for coming to the Park and Recreation Advisory Board Meeting. The Park and Recreation Advisory Board would like this to be an annual thing. Rislund noted the representative from the old Eastside Park Steering Committee could not make it to this meeting to suggest a new name for Eastside Park. Seifert\TenEyck moved to table this item and review it at the April meeting. Motion passed. TenEyck, Rislund, Seifert and Tomczik will meet with the Steering Committee and come back with a recommendation for naming the Eastside Park and the Hauer 's Edition Tot Lot. Johnson/Lebens moved to adopt the 1992 Park and Recreation Goals and Objectives as amended. Goal *3 shall be stated as: Review all programs to be determined if they should be continued or if they could be funded in a different fashion (October, 1992) . Goal #7 will be switched from March to April 1992. Goal #16 shall read as: Complete the plans for Phase III of the Tahpah Park Parking lot extension (November, 19921 A twenty third goal was added: Investigate the expansion of the Tahpah Park concession stand ( April, 1992) . Mr. Jim Stillman of the Municipal Facility Needs Assessment Sub- Committee gave a report on their committee 's findings for doing a community wide survey on recreation and park facilities. Mr. Stillman stated that this committee reviewed different types/methods of surveys and cost assessments with each kind of survey. Stillman noted that the committee was concerned about how some people may interpret the survey results as being biased. The beet the committee could do was attempt to select a technique and format that will limit the amount of bias. They are recommending a professional survey company to do a scientific survey via the telephone. The committee discussed making the survey more comprehensive to include questions about police, fire, streets etc. As for cost, the Committee is recommending using the City 's Contingency fund ($50, 000) . Projected cost for the Needs Survey is 04, 000-$6, 000. For a more comprehensive survey it could range anywhere between $6, 000-$30, 000. Since the survey is about parks and recreation needs, Board member Larson, thought it would be prudent if we recommended to Council to use Park Reserve funds. Lebens and Rislund didn 't think it would be proper to use park reserve funds for a comprehensive survey. Larson said, " then we should pay for only half the survey if it becomes a comprehensive survey". Lebens/Johnson moved to recommend to City Council that the Municipal Facility Survey Assessment Sub-Committee Work Plan be approved as draft. Motion passed. Larson/Johnson moved to recommend to City Council to utilize Park Reserve Funds to fund 50% of the cost of the Needs Assessment Survey an the 50% to come out of other City funds. Lebens/Tomczak moved to recommend to the City Council to use the 1991 participation figures as they applied to the actual people 's tax subsidy for recreation and setting a fixed rate for 1992 at $3, 883 for Louisville Township and a fixed rate of $5, 946 for Jackson Township to include an annual 2% increase for 1992 and 1993. McQuillan gave a brief overview of the Activity Report. He noted the Spring/Summer Parks and Recreation and Community Education Brochure was delivered to residents March 12 and 13. The Shakopee Showcase is Monday, April 20, 6:30-8:30 pm at Canterbury Downs. Board members will be handing out a free packet of materials containing information about "fair play", "Saying NO to Drugs", a free sample of Shout Laundry detergent and a free wrist band. Rislund asked McQuillan to set up a schedule indicating what shift each Advisory Board Member will work the booth. McQuillan stated that plans are underway to host a Celebrity Softball Tournament for Saturday, June 20 at Tahpah Park. This tournament is being co-hosted by the City's Park and Recreation, Chamber of Commerce and Matt Blair 's Celebrity Promotions. The high school band will be handling concessions and field maintenance. The proceeds will go to the Second Harvest Food Shelf Program. Dvorak submitted her report on a Summer Co-Rec Sand Volleyball League for adults. Her report included two proposals. Option I is a program involving paid officials; Option II is a program involving no officials (call your own violations) . Dvorak recommends Option II because it is less costly and more informal and fun for the players ( less pressure to win) . Seifert/Lebens moved to direct staff to conduct a Summer Co-Rec Sand Volleyball Program using Option II. Motion passed. Dvorak submitted the Quarterly Evaluations of winter activities. Rislund noted that these were excellent reports. They are very detailed and informative. Lebens/TenEyck moved to adjourn at 9:45 p. m. Motion passed. Respectfully Submitted, City of Shakopee / 'AOillgo IV POLICE DEPARTMENT : P dal 1 �� �KWs OA� jo 476 South Gorman Street , ` - ��� al � `.�'�'s�i SHAKOPEE, MINNESOTA 55379 "Q OL lCt'i Tel. 612/445-6666 0� ;` KP Fax. 612/445-2313 y0AOFe �.vNESO , t' The Police Report An inside look at police activity. Apt 15,1992 3 Arrested In School Drug Investigation Police and City Plan for Future Acting on a tip that drug dealers were April 3rd was spent evaluating the police doing business in and around the department and planning for the future. Shakopee Schools the Southwest Metro Chief Steininger, Deputy Chief Poole and Drug Task launched an investigation City Administrator Dennis Kraft spent which confirmed that drug dealers were much of the day clarifying the selling controlled substances (including expectations of the community and both LSD and marijuana) to students of our the city and police administration in school district. terms of what our department should look like. A significant amount of time After more than three months of was also devoted to prioritizing these investigation the Task Force has arrested expectations. The session emphasized three local individuals and charged them "do ability", i.e. breaking big projects with several counts of selling a down into small manageable tasks to be controlled substance. assigned and put on a time line. • Sgt. Kaley Attends Domestic Violence Training Disaster Management Conference The Southern Valley Alliance for Battered This two day conference trains officers to Women, Carver County Sheriff's Office manage and control disaster situations. and the Shakopee Police jointly In two days Sgt. Kaley received direction sponsored Domestic Violence Training in the use of search dogs at disaster for law enforcement officers. The overall scenes, Red Cross services to victims in goal was to give officers an mass casualty disasters, critical incident • understanding of pro-active intervention stress and disasters, field disaster for domestic violence. (Attached) preparation and organization, MN BCA disaster assistance and recovery team Employment Anniversary operations, the news media, and disasters and field disaster procedures. On April 15 Officer Terry Doyle (Certificate Attached.) completed eighteen years of service. JO pEToz JO ZOE£Ct Koch Attends Intoxilyzer Refresher Suspect Arrested in Auto Theft On 04-08-92 Officer Bryan Koch On April 13 at 2357 hours police attended the Intoxilyzer Operator received a report of a vehicle theft in Refresher course at the Bureau of progress from Hosek Automotive on Criminal Apprehension (BCA). The Bluff Street and it was reported that the refresher is required every two years for vehicle was travelling south on Prairie operators and also includes case law Street. Officers Crocker, Carlson, and pertaining to DWI cases. It also covers Robson responded to the call and upon some of the defenses currently being arrival a foot chase ensued with Officer used in DWI arrests. Crocker eventually capturing 22 year old Scott Marcucci. Marcucci was being Tornado Awareness Week investigated for another auto theft reported one week earlier. Marcucci April 5-11 was Minnesota Tornado was booked into Scott County Jail and Awareness Week. A statewide tornado charged with theft of a motor vehicle and drill was scheduled for Thursday, April damage to property. We appreciate the 9th in cooperation with the National assistance provided by Scott County Weather Service and the American Red Deputies Bock and Studnycka. Cross. Hospitals, nursing homes, schools, and businesses were Pawnshop/Precious Metal encouraged to test their emergency Dealer Investigators Meeting plans and procedures prior to the onset of the severe storm season. Detective Gary Nosbusch attended the first meeting of the Pawnshop Vandals Damage Investigators Association which will g concentrate on pawnshop and precious • Lions Park Shelter metal dealer investigations. Vandals have done more than $500 ARMA Conference damage to the roof of a shelter in Lions Park. After tearing shingles from the Deputy Chief Poole and Teri Van Cleve roof they chopped a hole and attached attended the annual Records Manager climbing ropes. Association's one day conference held in Bloomington on April 13. Information management was stressed and new technology was introduced. Officer Clark spoke to March Statistics and Bar Graphs the Scott County Court Services Chemical February Crime Summary Awareness Class on February Citation Summary March 10. February Bar Graphs Thank you is attached. �•l ��: , .. �'..- ^C: ..� ^i'�yl, `Y���� .��^7e � ?t: _:� -; ' .. it�N /. ±_• vat =:€ jc W f,..- • .. • � ' •_# - w+ k .:40 ls 41, ( 'C t . 1 tie . t p2 l " r �,,; 0. ;,• 4•,f', i, Vl, O. z.NW ,. s :; '-. Is 0414 � P.:. U4 / i iii. - aVP.4#4411 Q) r� p V ,'y Vil-tt, . E rrO` .� y 4 b , ig O _lik; J ottC o. Cn r zap. 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Box 102 Belle Plaine, MN 56011 (612) 873-4214 April 8 , 1992 Tom Staininger Chief of Police Shakopee Police Department 476 Gorman Street Shakopee , MN 5S379 Dear Chief Steininger : I would like to take this opportunity to thank you for helping to sponsor the Domestic Violence Class jointly with the Carver County Sheriff 's Office and The Alliance . The class proved to be very stimulating with the overall goal of assisting officers in understanding and utilizing a pro-active intervention approach to domestic violence being met . The Shakopee Police Department was well represented at this class with a total of 6 officers attending . I commend you and your department on this showing of interest and concern about an issue that is often times most difficult to understand and work with . I would also like for you to know how much I appreciate the support that Sgt . Jerry Poole has displayed over the years . He is also to be commended for his commitment to helping to halt the illegal cycle of domestic violence in your community . Again , on behalf of Southern Valley Alliance for Battered Women and the abused women and their children that we serve , thank you for your support and cooperation . I look forward to continuing our positive working relationship with your department . Peaces ,. 0 Mary Ann Sig"�ouette • Executive Director 24 Hour0. Crisis Line Serving Scott and Carver Counties (612)873-4214 unitcI way SCOTT COUNTY DEPARTMENT OF COURT SERVICES COURTHOUSE 207 428 S. HOLMES ST. SHAKOPEE, MN 55379-1397 (612) 496-8260 April 1, 1992 Officer Barney Clark Shakopee Police Department 476 Gorman Shakopee, Mn 55379 Dear Officer Clark: I would like to take this opportunity to thank you for your continued support of the Chemical Awareness Class. Although the class was rather small and quiet on March 10, the feedback we got on the evaluation forms was overwhelmingly positive. Several parents noted that they appreciated your honesty and straight forwardness in addressing issues. Again, thank you for taking time out of your busy schedule to present to the class. I look forward to working with you again in the future. Sincerely, Therese McCoy Court Services Agent 496-8267 TM/jb (41) z gerc/- .4444A-4"‘ r An Equal Opportunity'Affirmative Action Employer U H. & % \\\ \\\\ \\\ %\ Z z > W 0 \ \\ \ mm , 0 cnc., I— CC i M 0 T CO< CI- n_ P a. 2 k M\M Insm... % LU W0 00T W W — > z -J CC � omstml� D 0 OWrn \ Na \ \ \ \\\\\ \\ C L CCHI 0 cc . 6.4..., L , Q0)_ co Q) 0 ff:3 Q \ \\ ; \\ \ \\ \\ Q \\ \ r immi I 10 O O O O O O N O O O O O rn 0 CO CO d' N r-- 1- r' o Z \\\\\\\\\\\\\\\\\\\\\\\\\\v w W U LL \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\1 O (� LL Z 1 Q F- 0 < I— ci d N \\\\\ LU a) W Z aQ a\\v\\\\\\\\\\\\\\�`�\0�\\\ �\v\ \:, D Q Z W I-- rn Oct Cr IMMIllailiQiii P) 1-- 7.1." J W \\\\\\\»\�mm\m\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ Z \\ D o = >_ a- p , 2 CC 7- W I- 1 ouJ 2 ry-CC co lui Li QQ Z _ \\MM\M 0 0 0 0 0 0 0 Nrn N 0 CO CD ct N r T T r 0 Wed 04-15-92 Shakopee Police Department Time: 12:59 pm Crime Summary Report - UOC Page: 1 Monthly Report For March 1992 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 0000 . . . 1 9301 . . . 1 LOST, PERSON 9311 . . . 2 FOUND, PERSON 9312 . . . 1 FOUND, ANIMAL 9313 . . . 5 FOUND, PROPERTY 9314 . . . 5 FOUND, ABANDONED OR STOLEN VEHICLE 9315 . . . 2 FOUND, RECOVERED STOLEN PROPERTY 9400 . . . 32 MOTOR VEHICLE ACCIDENT ( 10-50, ALL OTHERS) 9420 . . . 2 MOTOR VEHICLE ACCIDENT (10-52, PERSONAL INJ) 9450 . . . 2 MOTOR VEHICLE ACCIDENT (H&R NO INJURY) 9520 . . . 5 ACCIDENTS, PUBLIC-OTHER, ALL OTHERS 9522 . . . 1 ACCIDENTS, PUBLIC-OTHER, FALLS 9530 . . . 10 ACCIDENTS, HOME, ALL OTHERS 9531 . . . 1 ACCIDENTS, HOME, FALLS Wed -04-15-92 Shakopee Police Department Time: 12 :59 pm Crime Summary Report - UOC Page: 2 Monthly Report For March 1992 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 9540 . . . 2 ACCIDENTS, OCCUPATIONAL, ALL OTHER ' 9600 . . . 2 FIRES, ALL OTHERS 9604 . . . 1 FIRES, INDUSTRIAL 9606 . . . 2 FIRES, VEHICLE 9720 . . . 2 MEDICAL, BODY(S) FOUND, D.O.A. 9800 . . . 69 MISCELLANEOUS PUBLIC 9801 . . . 4 DOMESTICS 9802 . . . 20 PUBLIC ASSIST/MOTORIST ASSIST 9803 . . . 5 DETOXIFICATION 9804 . . . 1 PUBLIC INTOXICATION 9805 . . . 35 SUSPICION (PROWLER, OPEN DOOR, VEH. , PERSON) 9806 . . . 2 ATTEMPT TO LOCATE/CHECK WELFARE OF PERSON 9807 . . . 2 WEAPONS COMPLAINT (HUNTERS,SHOOTERS,FIRECRAC) 9808 . . . 1 SNOWMOBILE COMPLAINTS Wed 04-15-92 Shakopee Police Department Time: 12:59 pm Crime Summary Report - UOC Page: 3 Monthly Report For March 1992 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 9809 . . . 58 VEHICLE COMPLAINTS (RACING, MUFFLERS, PKING) 9810 . . . 4 MINIBIKE & MC COMPLAINTS 9811 . . . 1 BICYCLE COMPLAINTS 9812 . . . 1 STALLED VEHICLE, REQ TO PARK, NOTIFY OFFICER 9813 . . . 7 FIGHT (BARROOM, GANGS, ETC. ) 9815 . . . 19 JUVENILES (COMPLAINTS ABOUT) 9817 . . . 7 DISPUTES (CUSTOMER,PATIENT,PERSON, OTHER) 9818 . . . 20 DISTURBANCE (LOUD MUSIC, LOUD PARTY) 9821 . . . 1 IMPOUNDED/TOWED VEHICLES (TRAF HAZ/OT PKING) 9823 . . . 1 TRESPASSERS (BEER PARTY/KEGGERS) 9824 . . . 21 CIVIL DISPUTES, COMPLAINTS 9825 . . . 10 GUN PERMITS, REQUEST TO ACQUIRE 9826 . . . 1 GUN PERMITS, REQUEST TO CARRY 9827 . . . 11 PRANK 9-1-1 CALLS Wed •04-15-92 Shakopee Police Department Time: 12:59 pm Crime Summary Report - UOC Page: 4 Monthly Report For March 1992 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation 9828 . . . 18 ANIMAL COMPLAINTS (BARKING, RUNNING LOOSE) 9900 . . . 2 MISCELLANEOUS OFFICER 9901 . . . 29 ALARM 9902 . . . 8 ESCORTS, FUNERAL 9905 . . . 6 WARRANTS/SUBPEONA/SUMMONS (SERVICE OF) 9908 . . . 2 HOUSE CHECKS 9910 . . . 2 EXTRA PATROL REQUESTS 9911 . . . 4 MESSAGE DELIVERY (EMERGENCY-OTHER) 9913 . . . 26 ASSIST OTHER POLICE AGENCY 9914 . . . 3 ORDINANCE VIOLATION (DISPLAY AFTER-HOURS,ETC) 9915 . . . 5 ESCORTS, ALL OTHERS 9920 . . . 1 LOCK BUILDING 9923 . . . 5 LITTERING A5352 . . . 1 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-A Wed 04-15-92 Shakopee Police Department Time: 12 :59 pm Crime Summary Report - UOC Page: 5 Monthly Report For March 1992 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation A5355 . . . 1 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHILD-A A5451 . . . 1 ASLT 5-FEAR BODILY HARM-HANDS ETC-ADLT-FA A5453 . . . 1 ASLT 5-FEAR BODILY HARM-HANDS ETC-ADLT-AC A5455 . . . 1 A5502 . . . 1 ASLT 5-THRT BODILY HARM-NO WEAP-ADLT-ACQ A5552 . . . 1 ASLT 5-THRT BODILY HARM-HANDS-ADLT-AC A8177 . . . 1 A9500 . . . 3 TERROR-THRT INFLT BH-UNK WEAP B2390 . . . 1 BURG 2-UNOCC RES FRC-U-UNK WEAP-UNK ACT B2394 . . . 1 BURG 2-UNOCC RES FRC-U-UNK WEAP-COM-THEFT B3764 . . . 1 BURG 3-UNOCC NRES FRC-N-UNK WEAP-COM THEF B3794 . . . 3 BURG 3-UNOCC NRES FRC-U-UNK WEAP-COM THEF B4760 . . . 1 CO212 . . . 4 FORGERY-UNK LVL-UTT POSS-CHECK-BUSINESS Wed 04-15-92 Shakopee Police Department Time: 12:59 pm Crime Summary Report - UOC Page: 6 Monthly Report For March 1992 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation C1542 . . . 1 FELONY COUNTERFEIT MONEY VICTIM BUSINESS F3294 . . . 1 I0060 . . . 2 CRIM AGNST FAM-UNK LVL-NEGLECT OF A CHILD I0070 . . . 2 CRIM AGNST FAM-UNK LVL-MALIC PUNISHMENT C J1330 . . . 1 TRAF-ACCID-FE-HIT AND RUN-SUB BH-DRIVR CA J2500 . . . 1 TRAFFIC-GM-DRIVE UNDER THE INFLUENCE OF LIQUO J2700 . . . 1 TRAF-ACCID-GM-AGGREVATED VIOLATION J3500 . . . 6 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQ L1052 . . . 1 L3041 . . . 1 CSC 2-UNK ACT-OTH FAM-UNDER 13-F L3201 . . . 1 L7387 . . . 1 M3001 . . . 1 JUVENILE-ALCOHOL OFFENDER M4199 . . . 1 LIQUOR-OTHER Wed 04-15-92 Shakopee Police Department Time: 12:59 pm Crime Summary Report - UOC Page: 7 Monthly Report For March 1992 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation M5350 . . . 4 RUNAWAY M7399 . . . 2 OTHER-CRIMES AGAINST PUBLIC ORDER N3030 . . . 2 DISTURB PEACE-MS-DISORDERLY CONDUCT N3190 . . . 16 DISTURB PEACE-MS-HARRASING COMMUNICATION 03882 . . . 1 OBSENITY-MS-OBSCENE PHONE CALL-ADULT T1159 . . . 1 THEFT-MORE $2500-FE-FRM MOTOR VEHICLE-OTH T2029 . . . 3 THEFT-$251-$2500-FE-FRM BUILDING-OTH PROP T2059 . . . 1 THEFT-$251-$2500-FE-FRM YARDS-OTH PROP T2111 . . . 1 THEFT-$251-$2500-FE-FRN PUBLIC FUNDS-MO T2159 . . . 1 THEFT-$251-$2500-FE-FRN MOTOR VEHICLE-OTH T2999 . . . 1 THEFT-251-2500-FE-FRM OTHER-OTH PROP T4029 . . . 4 THEFT-$250 LESS-MS-FRM BUILDING-OTH PROP T4059 . . . 3 THEFT-$250 LESS-MS-FRM YARDS-OTH PROP T4099 . . . 3 THEFT-$250 LESS-MS-FRM SELF SRV GAS-OTH PROP Wed 04-15-92 Shakopee Police Department Time: 12:59 pm Crime Summary Report - UOC Page: 8 Monthly Report For March 1992 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation T4111 . . . 1 THEFT-$250 LESS-MS-FRM BUSINESS FUNDS-MONEY T4159 . . . 1 THEFT-$250 LESS-MS-FRM MOTOR VEHICLE-OTH T4999 . . . 2 THEFT-250 LESS-MS-FRM OTHER-OTH PROP U0062 . . . 1 THEFT-UNK LVL-SWINDLE OR TRICK-$2501-$199 U3028 . . . 1 MISDEMEANOR ISSUE OF WORTHLESS CHKS $200 LESS U3064 . . . 1 U3068 . . . 1 MISD THEFT BY SWINDLE OR TRICK $200 OR LESS U3287 . . . 2 THEFT-SHOPLIFTING U3288 . . . 5 MISDEMEANOR SHOPLIFTING $200 OR LESS U3998 . . . 1 MISD FRAUD V1021 . . . 1 VEH THEFT-FE-OVER $2500-AUTO V4110 . . . 8 THEFT-PARTS FROM MOTOR VEH-MS-250 LES X0120 . . . 1 X6451 . . . 2 Wed 04-15-92 Shakopee Police Department Time: 12 :59 pm Crime Summary Report - UOC Page: 9 Monthly Report For March 1992 SBN : All Print ALL U 0 C codes Print Only First ISN Print ALL LGN Codes U 0 C Total U 0 C Literal Translation X6501 . . . 1 X6751 . . . 1 X7731 . . . 17 CRIM DAMAGE TO PROPERTY 3RD DEGREE PRIVATE PR X7732 . . . 2 CRIM DAM TO PROP 3RD DEGREE PUBLIC PROPERTY X7733 . . . 2 CRIM DAM TO PROP 3RD DEGREE COMMERCIAL/BUSINE X8111 . . . 1 *** AGENCY GRAND TOTAL: 629 z \\\\\\\\\\\\\\\\\\\\\\\\\\\\\0\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\- w z 0 w 2 z 1-- tc I_\\\\a\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\oo\\\\\\\ 0 cc Q0 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\0\\\\\\\\� w Q_ Cr) rnrn W D o p D I L---' in Oz O \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\��\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ U - T _I Q k %\%%\\\\MD I 0 1—. --) , O. U \ \\\\\\\\\\\\\\\\ O 2 0cm LU LL Q I 0_ Q cc cc0 1.._ 2 m Q \\\\\).- w w _ \\ \ z Ci) iiisix.!_ 44 I 1 I I 1 1 1 1 I N O O O O O O O O O O O rn O a0 co d N O CO CO N ti N �- 0 Wed '04-15-92 Shakopee Police Department Time: 2:18 pm Citation Summary Report - UOC Page: 1 Monthly Report for March 1992 File Type : Citation Print ALL LGN Codes SBN : All Print ALL U 0 C codes Including Juv. Water/Traffic Records U 0 C Total U 0 C Literal Translation 9000 . . 1 CARELESS/RECKLESS DRIVING 9001 . . 58 SPEED 9002 . . . 1 WRONG WAY ON ONE WAY 9005 . . 1 OVER CENTERLINE 9018 . . . 1 NO TAILLIGHTS 9029 . . 1 ORD. EXHIBITION DRIVING/UNREASONABLE ACCELER. 9030 . . . 3 STOP SIGN VIOLATION (FAIL TO STOP FOR) 9032 . . . 2 SEMAPHORE VIOLATION (RED STOP LIGHT) 9034 . . . 1 SCHOOL BUS VIOLATIONS (SIGNS AND SIGNALS) 9080 . . . 1 MISCELLANEOUS VIOLATIONS 9100 . . . 2 PARK IN "NO PARKING" ZONE 9106 . . . 27 PARK IN HANDICAPPED ZONE 9107 . . . 3 WRONG WAY PARKING 9109 . . . 6 OVERTIME PARKING (ORD) 9111 . . . 2 PARK IN FIRE LANE (ORD) 9200 . . . 1 DRIVE AFTER CANCELLATION 9202 . . . 2 DRIVE AFTER SUSPENSION 9204 . . . 2 EXPIRED DRIVERS' LICENSE 9207 . . . 1 VIOLATIONS OF RESTRICTED D/L 9215 . . . 9 NO CURRENT REGISTRATION/EXPIRED PLATES 9236 . . . 5 OPERATE VEHICLE WITHOUT INSURANCE J3500 . . . 6 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** GRAND TOTAL . . . 136 * IS TO: Mayor and Council Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Council Pay Dates DATE: April 13, 1992 We have been generally paying Council on the last Friday of the month. With the advent of direct deposit, there is a conflict with running Council payroll on the same week as employee payroll. Therefore, we will run Council payroll in the last half of any given month and will mail the pay check/stub to Council members. Council members are paid on a monthly basis and can count on being paid by the end of the month for that month. Anticipated pay schedule for the remainder of 1992: May 28 June 25 July 23 August 20 September 17 October 29 November 26+/- December 24+/- For those Council members that have not signed up for direct deposit, I would encourage you to do so. #/& Myr CITY OF SHAKOPEE /4p74. INCORPORATED 1870 40 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612)445-3650 04its April 13, 1992 Mr. Matt Blair Celebrity Promotions 200 West Highway 13, Suite 210 Burnsville, MN 55337 Dear Mr. Blair: On behalf of the City of Shakopee, I want to tell you how pleased we are that you have selected Shakopee as the site of the Second Annual Twin Cities Celebrity Softball Classic. I am confident that the Tahpah Park facility and support from staff at the Chamber of Commerce and City of Shakopee will ensure that this years classic is a success. Last week I received your correspondence requesting my participation in the Celebrity All-Star Game. It is with regret that I must decline acceptance of your invitation due to a previously planned family commitment. If I can be of any assistance to you in organizing this years Classic prior to the actual event, please do not hesitate to call me at 445-6745. Sincerely, Gary L. "11A121414- ur t Mayor GLL/tiv The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER #17 Myy •;.sA� CITY OF SHAKOPEE 1110. 1 INCORPORATED 1870 ` . ;d,.. Kit:,_ 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 <i!: } April 15, 1992 Mr. Dan Hennes Rahr Malting 800 West 1st Avenue Shakopee, MN 55379 Dear Mr. Hennes: I wanted to take a brief moment to thank you for attending the Shakopee City Council meeting on April 7, 1992. The City Council believes the maintenance of the City's infrastructure is critical to enhancing the quality of like for our residents and promoting a positive business climate. Your offer to contribute $10, 000. 00 to offset the costs of the 2nd Avenue improvement project between Atwood and Pierce Street is greatly appreciated. It was like a breath of fresh air and it once again displayed the community mindedness of Rahr Malting and your commitment to Shakopee. I know that Rahr is continuing its efforts to insure that truck traffic along 2nd Avenue meets State road restrictions. It is somewhat unfortunate that we have a residential zone abutting an industrial area but again I am confident that Rahr Malting has made a commitment to work with the City of Shakopee in minimizing adverse impact on our residents while insuring that your plant operations are not placed in jeopardy. Thank you for your commitment to Shakopee. Sincerely, Gary L. urent Mayor GLL/tiv The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL Regular Session Shakopee, Minnesota April 7 , 1992 Mayor Laurent called the meeting to order at 8 : 00 p.m. (after the close of the election polls) with Cncl. Vierling, Lynch, Beard, and Sweeney present. Also present: Dennis Kraft, City Administrator; Barry Stock, Assistant City Administrator; Dave Hutton, Public Works Director; Karen Marty, City Attorney; Lindberg Ekola, City Planner and Gregg Voxland, Finance Director. Beard/Lynch moved to approve the agenda with the following additions to "Other Business" : 15a) SAC Credits; 15b) Fire Department Accident Insurance; 15c) Gambling Exemption for Second Harvest; 15d) AMICUS Brief; 15e) City of Shakopee taxes vs. City of Chaska taxes and tax rates. Motion carried unanimously. The City Council recessed for the meeting of the Housing and Redevelopment Authority at 8 : 05 p.m. The City Council reconvened at 8 : 07 p.m. Liaison reports were given by the Councilmembers. Mayor Laurent reported on the meetings he had attended since the last City Council meeting. He also reported on upcoming meetings and events. Mayor Laurent recognized anyone in the audience wish:; ,,y to speak on any item not on the agenda. There was no response. Sweeney/Lynch moved to approve the "Consent Bus _ness" with the following changes: Delete from consent business - 13h) Purchase of front end loader. Add to consent business - 13b) Stormwater Management Policies; 13k) Additional summer inspe.tor; 13m) Purchase of furniture from Marquette Bank; 15c) Gambling exemption for Second Harvest; and 15d) AMICUS brief. Motion carried unanimously. Lynch/Sweeney moved to approve the meeting minutes of March 10, 1992 and March 17 , 1992 . Motion carried unanimously. A petition was received from property owners living on McGuire Court and McGuire Circle requesting that the City pave Muhlenhardt Road from Horizon Drive to County Road 16. The Public Works Director stated there are t:' ,' ways to initiate a project: 1) City Council action; and 2) Petition signed by a legal percentage of property owners. He added that it has not yet been determined by the City Attorney if the signatures on the petition are adequate to initiate the improvement project. He recommended the City Council consider the assessment policy prior to taking action on the petition. Official Proceedings of the April 7, 1992 Shakopee City Council Page -2- Discussion was held on the assessment method for this project and whether or not a 28 foot roadway would be feasible. Cncl. Sweeney stated that if this case is reopened and the assessment policy revised for this particular project, there could be others coming forth wanting their assessments revised. He stated he is against reopening discussion on the assessment policy. Beard/Lynch moved to receive and file the petition from the property owners on McGuire Court and McGuire Circle, received April 2 , 1992 . Motion carried unanimously. The City Council informed the audience that further discussion would be held at the Committee of the Whole level on the petition received relative to Muhlenhardt Road. Jack Wiswall, 8574 McGuire Court, stated he felt they had the adequate number of signatures to make the petition valid. He requested that if more signatures were needed, he be notified. Mayor Laurent opened the public hearing on the proposed improvements to: 1) Apgar Street between 1st and 6th Avenues; 2) Shumway Street between 2nd and 3rd Avenues; 3) Pierce Street between 2nd and 3rd Avenues; and 4) Second Avenue between Pierce and Apgar Streets. The Public Works Director gave a report on the feasibility study. He stated the project consists of street reconstruction, replacing of existing pavement, the addition of curb and gutter, and storm sewer and watermain installation. He added that this is a City Council initiated project. He gave the estimated cost at $385, 000 for all segments. He informed the audience of the City' s assessment policy. Discussion was held on the feasibility of watermain installation and the cost. The Public Works Director stated that since Apgar is on the State aid system, it may be possible to seeks State aid funding for that segment of the project. Mayor Laurent asked for comments from the audience. Robert Walker, 14501 Atrium Way, Minnetonka and owner of property on 1st Avenue questioned the watermain installation and which parcels it would service. He asked if the properties that are not served by the watermain installation would still be assessed for it. The Public Works Director stated there would be no assessments for the watermain to unserviced properties. Official Proceedings of the April 7 , 1992 Shakopee City Council Page -3- Ken Eidsvold, 435 West 6th Avenue, said he was very pleased with the project and has waited over 40 years for these improvements in this area. The Public Works Director distributed the proposed assessment calculations for the project. Eugene Kurvers, 211 Shumway, questioned how good the 9-ton road would be with the large grain trucks. He also questioned why Rahr Malting wasn't being assessed for some portion of the roadway improvements when it ' s their trucks causing the problems to the road system in the area. He suggested Rahr use their own access and not allow trucks to go through the residential area. Gary Mortenson, 428 West 2nd Avenue, questioned why he was being assessed for the roadway improvements when he doesn't live on any of the streets being improved. Frank Paron, 503 West 6th Avenue, questioned when the project would start, if approved; the projected completion date; and if the driveways in the road improvement area would be finished off and if they were finished off by the City, how would they then be assessed. The Public Works Director stated that driveway approaches are figured into the project cost, and if a property owner wanted additional work done, that would be up to them. He stated that if the project were approved at the meeting tonight, the project would then be bid in hopes of completing the project by fall. Myrvin Secord, Route 1, Burtrum, and owner of property in the project area stated there have been no flooding problems with the existing storm sewer so doesn't believe there is a need for any storm sewer. He added that Apgar Street should require no improvement except perhaps by the railroad crossing. He stated he doesn't believe the property owners in the project area can afford these improvements because most of them are retired and on a limited income. He added that this area has been okay for over 50 years so doesn't believe any improvements are necessary. Ilse Welter, 435 West 4th Avenue, stated she is being assessed twice the amount as the neighbor across the street. She added that she could not afford these assessments. Julie Krauth, 520 West 3rd Avenue, stated she has paid assessments for a project recently conducted on 3rd Avenue and is now being assessed again for this project. She stated this is the third time in the past three years she has had to pay for project assessments, and she can't afford any more. Discussion was held on other projects done recently in this area and mention made that the Council should be more aware of projects Official Proceedings of the April 7, 1992 Shakopee City Council Page -4- done in various areas so that the same residents are not repeatedly getting assessed for different projects. Julie Krauth stated the trucks come by and break up the roads, and the residents have to pay for it. Robert Walker questioned the category of the road being built in this area and why it needs to be upgraded to such a high category street. He suggested the business having these trucks also be included in the road assessments. Dan Hennes, Rahr Malting, stated that Rahr is aware of the concerns from the residents and is willing to pay $10, 000 towards the roadway improvement portion of the project. The Public Works Director stated that the $10, 000 offered from Rahr has not been figured into the assessment cost as the City was unaware that Rahr was going to be sharing in the cost. Mike Bindewald, 223 Shumway, stated that a truck with a 24 foot trailer not only damages the road, but also does damage to properties as it makes the corners. He questioned why the trucks have to be in that area and why the City doesn't require them to use their own access. Myrvin Secord stated that no trucks should be allowed through this area. He stated these trucks should not be using residential roadways. Anita Lilienthal, 514 West 4th Avenue, stated that she likes the neighborhood the way it is and as long as there are no inconveniences to the residents, this project should not be done. Mayor Laurent stated that if everyone is against the project, the Council has been known to follow the wishes of the residents. However, he added, the road will just continue to deteriorate. Myrvin Secord stated he is particularly against the project from Third Street on up. Eugene Kurvers stated he is against the watermain and storm sewer installations but not against the street improvements. He added he will pay for the street improvements but not the sewer and/or watermain installations. The Public Works Director recommended that if no watermain or storm sewer is installed in Shumway Street, Shumway not be reconstructed. Ilse Welter asked the interest rate. The response was the interest rate is equal to the rate on the bonds sold to do the project, which is usually 8 percent. Official Proceedings of the April 7 , 1992 Shakopee City Council Page -5- Gary Lilienthal stated he doesn't want the improvements because he believes the traffic will then increase in this area. He stated that improved roadways will just encourage additional traffic. Ilse Welter stated she has seen accidents on these intersections, and suggested that if roadway improvements are done, stop signs also be installed. Julia Krauth questioned why the taxes go up each time she is assessed. She added that she writes a check each time she is assessed for a project so doesn't understand why her taxes should increase. Gary Mortenson stated he is against the project but if it goes through wants to be sure the City handles this project better than the handling of the current project on 2nd Avenue. Mayor Laurent asked for further comments from the audience. There was no further response. Beard/Vierling offered Resolution No. 3563 , A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For Apgar Street, 1st Avenue To 6th Avenue; Pierce Street, 3rd Avenue To 2nd Avenue; and 2nd Avenue Pierce Street To Apgar Street - Project No. 1992-6, which includes the deletion of any improvements to Shumway Street and the deletion of storm sewer and watermain installation, and the acceptance of the $10, 000 offered by Rahr Malting for roadway improvements to 2nd Avenue, and moved for the adoption. Motion carried with Cncl. Sweeney voting "No. " Vierling/Sweeney moved to stay with the 44 foot road width in order to remain consistent with other road widths in the area. Mayor Laurent stated his opposition to the 44 foot roadway because they tend to increase traffic and are more costly. However, he added that in this situation he could understand the need to remain consistent. Discussion continued on the proposed road width. Cncl. Vierling called the question. Motion carried with Cncl. Beard and Laurent voting "No. " Sweeney/Vierling moved to direct staff to review and return to the Council information relative to the two block break in the present structure of 2nd Avenue. Motion carried unanimously. The Assistant City Administrator stated that the survey study has been completed by the Municipal Facility Needs Assessment Sub- Committee. Jim Stillman, representative for the sub-committee, stated their committee was given the directive to investigate survey methods in • Official Proceedings of the April 7, 1992 Shakopee City Council Page -6- order to identify the community needs regarding a community facility and the willingness of the residents to pay for such a facility. He stated there were two key issues brought up by the sub-committee: 1) Credibility of the survey and; 2) Cost. He stated the sub-committee is recommending the use of an outside firm specializing in the area of survey design and implementation. Discussion was held on the need to expand the scope of the survey and the cost to expand the scope of the survey. Beard/Vierling moved to approve the Municipal Facility Survey Needs Assessment Sub-Committee Work Plan and directed staff to proceed as outlined in the plan. (CC DOC# 191) Motion carried unanimously. The Council stated they will look at the possibility of expanding the scope of the survey and discuss this issue at a Committee of the Whole meeting. Mayor Laurent thanked the members of the sub-committee for serving on this committee. The City Council recessed at 10: 25 p.m. The City Council reconvened at 10: 30 p.m. Sweeney/Lynch moved to approve the Law Enforcement Service Agreement and authorized the Chief of Police or the Officer-in- Charge of the Police Department to provide approved law enforcement services as requested. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3567, A Resolution Adopting The National Urban Runoff Program And Best Management Practices For The City Of Shakopee, and moved for its adoption. (Motion carried unanimously under consent business. ) Discussion was held on allowing another government entity to review development proposals and the resolution before the City Council establishing a working relationship between the City and the Lower Minnesota River Watershed District (LMRWD) . Comments were made by Councilmembers that the current policy for the District to review certain proposals seems to be working and it was the consensus of the Council not to change the existing informal agreement between the Watershed District and the City. The Public Works Director stated that he believes the role between the Minnesota Watershed District and the City of Shakopee could change if the resolution was not adopted. Vierling/Lynch moved to adopt an informal relationship with the Lower Minnesota River Watershed District. Motion carried unanimously. Official Proceedings of the April 7 , 1992 Shakopee City Council Page -7- Sweeney/Vierling moved to direct staff to reduce the two Community Services Department' s vehicles by disposing of them. Motion carried unanimously. Vierling/Sweeney moved to reconsider the prior motion. Motion carried unanimously. Sweeney/Vierling moved to amend the motion to direct staff to reduce the Community Services Development' s fleet size by two vehicles. Motion carried unanimously. Motion carried unanimously on the main motion as amended. Sweeney/Lynch moved to direct staff to reduce the Public Works Department' s fleet by two vehicles and one trailer. Motion carried unanimously. Sweeney/Lynch moved to direct the appropriate City officials to issue a permit to the Shakopee Band Boosters for the sale of coffee and donuts within the confines of the City property around the utility and public works building on May 2 , 1992 . (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to remove from the table the vacant Police Sergeancy. Motion carried unanimously. The City Attorney stated that no decision has been made by the courts relative to this issue. Sweeney/Vierling moved to table the vacant Policy Sergeancy to the May 5, 1992 meeting. Motion carried unanimously. The Public Works Director stated that staff has not been able to obtain the roadway easement for the Mielke driveway. He stated that the Council had directed staff to obtain the road easements from all property owners along the Mielke driveway by March 31, 1992 or the roadway would be vacated. He added that staff has been unable to reach an agreement with the property owners. The Public Works Director stated that according to the City Atty. if the road were vacated, the Stemmer parcel would become landlocked. He added that staff has suggested that Martin Theis give Peter Stemmer an easement to cross his land, but Theis has indicated that he would not be willing to do that. Discussion was held on what alternatives were available in order to get this driveway vacated. Mayor Laurent asked for any comments from the audience. Patty Goldberg recommended vacating the road and asked if the Sioux Indians would be allowed to use this road again this year for their Pow Wow Days. Official Proceedings of the April 7, 1992 Shakopee City Council Page -8- The Public Works Director stated that in 1991 the Sioux Indians had asked to use this road as public access for Pow Wow Days. At that time staff had informed them to check with Mr. Theis and Mr. Stemmer. He added that unknown to the City, the Sioux had then upgraded this road for better access during the Pow Wow Days activities. He stated they can use the City roads, but cannot do any upgrading work. Peter Stemmer asked if he would be landlocked if the road were vacated. The City Attorney stated he would be. Discussion was held on the possibility of assessing these properties for road maintenance. The City Attorney will research this issue and report back to the City Council. Sweeney/Beard moved to table action on the Mielke driveway issue pending a report from the City Atty. Motion carried unanimously. Discussion was held on the purchase of a front end loader. Mayor Laurent stated this may not be the appropriate time to purchase such an expensive piece of equipment due to pending local aid cuts by the State of Minnesota. Discussion was held on how a delay to purchase the front end loader might affect the bid process that currently exists for the front end loader. L nch Vierlin moved to delaythe Y / g purchase of the front end loader until the City knows what the legislature will do relative to budget cuts. Motion carried with Cncl. Sweeney voting "No. " Sweeney/Lynch moved to authorize the staff to submit $920. 00 to the Shakopee Basin Water Management Organization for the City of Shakopee 's portion of the 1992 operating budget, to be funded from the Storm Drainage Utility Fund. (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to approve the proposed redistricting plan for Commissioner Districts in Scott County, which plan places all of the City of Shakopee in the third Commissioner District. (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to direct staff to prepare a budget resolution authorizing the addition of one additional summer engineering inspector and authorizing the advertisement and hiring of the additional inspector. (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to approve the bills in the amount of $100, 062 . 52 . (Motion carried unanimously under consent business) . Official Proceedings of the April 7 , 1992 Shakopee City Council Page -9- Sweeney/Lynch moved to authorize the appropriate City officials to purchase the following pieces of equipment and furniture from the Marquette Bank in the amount of $10, 000: 1) Two 10 ' x 48" large oak conference tables; 2) One 7" x 42" oak conference table; 3) Two matching 66" x 24" oak credenzas 4) Twenty-eight teal upholstered conference room chairs; 5) Twenty-seven guest chairs with arms (beige upholstery) ; 6) Safe door; 7) One refrigerator; 8) One microwave oven. (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to authorize the City Administrator to advertise and hire budgeted part time/seasonal employees as deemed appropriate. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3564 , A Resolution Declaring Adequacy Of Petition And Ordering The Preparation Of A Report For Improvements To Minnesota Street, Between 5th Avenue And 7th Avenue, and moved for its adoption. (Motion carried unanimously under consent business. ) Sweeney/Lynch offered Resolution No. 3565, A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For 5th Avenue, Spencer Street To Market Street; Market Street, 7th Avenue To 4th Avenue; And Main Street, 6th Avenue To 5th Avenue (Project No. 1989-4) . (Motion carried unanimously under consent business. ) Discussion was held on actions by the City Council on items received minutes prior to the Council meeting, specifically, the SAC credit issue currently under discussion. Larry Link, 535 West 4th Street, was present to discuss the SAC charges for their property (former Velodrome site) . He stated that they have paid $3 , 825 . 00 for nine units of sewer connection when the initial building permits were taken out in 1980 . He stated he believes his property should now receive credit for the amount paid if any building is demolished. The SAC charges should stay with the property. Discussion was held on whether or not the SAC credits should remain with the property or go to the City. Discussion continued on how staff ' s proposed policy would affect Rahr Malting. Cncl. Sweeney suggested staff contact Rahr to discuss this issue. Lynch/Sweeney moved to table any action on the SAC credits. Motion carried with Cncl. Vierling voting "No. " The Finance Director stated that the accident insurance policy for the Fire Department is due to expire. He added that this coverage is essentially an addition to the workers compensation coverage provided to all other part time employees. He added that the Fire Official Proceedings of the April 7, 1992 Shakopee City Council Page -10- Department would like to see this accident insurance policy renewed. Discussion was held on the possibility of covering the Fire Department employees under the group life benefits program. Vierling/Lynch moved to table this item for further information from staff. Motion carried unanimously. Sweeney/Lynch moved to waive the 30 day review period for the application for exemption from Lawful Gambling License by Second Harvest for June 20, 1992 at Tahpah Park in Shakopee. (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to authorize staff to participate with Scott County in preparing and submitting a AMICUS Brief for Supreme Court in support of off track betting. (Motion carried unanimously under consent business. ) Discussion was held on the recent article in the Shakopee Valley News regarding the taxes in the City of Shakopee vs. taxes for the City of Chaska. The City Administrator stated after reading the article he had done some research. He reported on his findings, and stated the bottom line is that Chaska had considerable more debt than Shakopee. He added that the options used by Chaska are also available to Shakopee but this would create debt obligations. Lynch/Sweeney moved to adjourn to Tuesday, April 21, 1992 at 7 : 00 p.m. Motion carried unanimously. Meeting adjourned at 12 : 05 a.m.. uditk e/K- Judith S. Cox City Clerk Jane VanMaldeghem Recording Secretary TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA APRIL 21, 1992 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Reading by Mayor Laurent of City' s Non-Discrimination Policy 3 ] Approval of Agenda 4] Liaison Reports from Councilmembers 5] Mayor ' s Report 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 7] 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. ) *8] Approval of Minutes of March 31st and April 7th, 1992 9] Communications: 10] Continuation of Public Hearing on Proposed Vacation of Drainage and Utility Easement Within Lot 1, Block 3 , Evergreen 1st Addition (Res. No. 3555) 11] Boards and Commissions: Park and Recreation: a] 1991 Township Participant Report Planning Commission: b] Amendment to Zoning Ordinance to Allow Limited Retail Sales as A Conditional Use in the I-2 District (Ord. 334) c] Final Plat of The Meadows 7th Addition, lying south of the Goldenrod Lane Cul-de-sac (Res. No. 3573) *d] Preliminary and Final Plat of Beckrich Park Estates, lying east of CR-79 and north of CR-78 (Res. No. 3572) e] Final Plat of Prairie Estates 2nd Addition, lying west of Prairie Estates 1st Addition and south of 11th Avenue (Res. No. 3570) TENTATIVE AGENDA April 21, 1992 Page -2- 11] Boards and Commissions continued: f] Rezoning of Parts of Proposed Minnesota Valley 7th Addition (Ord. No. 331) g] Final Plat of Minnesota Valley 7th Addition, lying Between 11th and 12th Avenues and east of Shakopee Town Square (Res. No. 3571) 12] Reports from Staff: a] Lift Station Policy *b] Interest on Mini Bypass Condemnation c] SAC Credits - tabled 4/7 d] Fire Department Accident Insurance - tabled 4/7 *e] Cooperation Resolution With County and City Attorneys Table f] Hiring A Construction Manager - memo on table *g] Approve Bills in the Amount of $276, 088.91 *h] Apgar Street Project - Extension Agreement With OSM *i] SPUC Contribution From Service Area Acquisition 13] Resolutions and Ordinances: *a] Res. No. 3566 - Restricting Parking on Vierling Drive Between CR-17 and CR-79 *b] Res. No. 3568 - Accepting Work on Shumway Street Project, No. 1991-1 *c] Res. No. 3569 - Accepting Work on Jackson/Harrison Street Project, No. 1991-2 *d] Res. No. 3574 - Amending the 1992 Budget 14] Other Business: a] Law Suit continued - don' t need executive sess for litigation b] TH 169 Bridge and Minibypass Project-Res . No. 3576 c] St . Light on 169 Bridge - Res . No . 3577 d] Res . No. 3578 - Use of Privately Owned Building for Police and Fire Training 15] Recess for an Executive Session to discuss Iitigation collective bargaining 16] Re-convene 17] Adjourn to April 28, 1992 at 4 : 00 P.M. 14e ] Surplus Property 14f] Transportation Coalition Payment Dennis R. Kraft City Administrator FUTURE COMMITTEE OF THE WHOLE MEETINGS: April 28, 1992 at 4:00 P.M. April 28, 1992 at 7:00 P.M. at Jackson Town Hall April 30, 1992 at 7:30 A.M. NOTICE Policy of Non-Discrimination on the Basis of Handicapped Status The City of Shakopee does not discriminate on the basis of handi- capped status , race, color, religion, sex, national origin, age, marital or veteran status or medical condition in the admission or access to, or treatment of employment in its programs or activities. Gregg Voxland has been designated to coordinate compliance with the nondiscrimination requirements of section 51.55 of the revenue sharing regulations implementing section 504 of the Rehabilitation Act of 1973 , as amended. If any person feels they have been excluded from participation in, been denied the benefits of, access to or been subject to discrimination under any City program or activity they should contact Mr. Voxland at 445-3650 between the hours of 8: 00 a.m. and 4: 30 p.m. Monday thru Friday. The City of Shakopee recognizes that ' the Shakopee City Hall is not handicapped accessible at this time. If any person cannot achieve access to programs and/or activities within this facility, the City of Shakopee will make arrangements to relocate or restruc- ture the delivery of programs and/or activities upon request from said person. V Move to amend the minutes of April 7 , 1992, Page 5 , paragraph 6 , line 5, " . . .which includes the deletion of any improvements to Shumway Street and the deletion of sterm sanitary sewer and watermain installation on 2nd Avenue , . . . " OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPEICAL SESSION SHAKOPEE, MINNESOTA MARCH 31, 1992 Mayor Laurent called the special session of the Shakopee City Council to order at 7 : 00 p.m. with Cncl. Vierling, Lynch, Sweeney, and Beard present. Also present: Dennis Kraft, City Administrator; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; and Barry Stock, Assistant City Administrator. Vierling/Lynch moved to accept the Special Call of the Mayor. Motion carried unanimously. The City Council recessed for the Committee of the Whole at 7 : 03 p.m. The City Council reconvened at 11: 05 p.m. Vierling/Lynch offered Ordinance No. 333 , An Ordinance Of The City Of Shakopee, Minnesota, Amending Chapter 2 , Administration And General Government, Of The City Code, By Repealing Section 2 . 20, Ward (Precinct) Boundaries, And Enacting One New Section In Lieu Thereof, Relating To The Same Subject, and moved for its adoption. Motion carried unanimously. Sweeney/Vierling moved to authorize the City Administrator to negotiate with the Marquette Bank/Shakopee for the purchase of conference tables, chairs, photographs, and certain other equipment from the Marquette Bank. Motion carried unanimously. Vierling/Beard moved that the City not purchase the Marquette Bank' s phone system and that the City investigate a new system with the modifications of voice mail, battery backup, wiring for PC ' s, and PC hardware and conversion. Motion carried unanimously. Sweeney/Beard moved to authorize the Chief of Police to enter into the Integrated Business Simulation Internship Agreement with the Scott-Carver Educational Cooperative to obtain the services of an office intern from April 7 , 1992 through May 29, 1992 at no cost to the City of Shakopee. Motion carried unanimously. The City Council will meet as a Committee of the Whole on April 16th at 8 : 30 a.m. in the Community Room of the Marquette Bank. The purpose of the meeting will be to discuss where to locate the new Council Chambers. Vierling/Beard moved to adjourn. Motion carried unanimously. Meeting adjourned at 11: 20 p.m. Judith S. Cox City Clerk Jane VanMaldeghem, Recording Secretary /0 MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Vacation of Drainage and Utility Easement in Lot 1, Block 3 , Evergreen First Addition DATE: April 14 , 1992 INTRODUCTION: City Staff has received a petition from Renden Development and Laurent Builders, Inc. to vacate the westerly four feet of a ten foot drainage and utility easement along the eastern lot line of Lot 1, Block 3 , Evergreen First Addition. At their March 17, 1992 , meeting the City Council continued the public hearing to consider this vacation request to their April 21, 1992 , meeting. The Planning Commission has recommended approval of this vacation to the City Council. BACKGROUND: Attached is a copy of the zoning map showing the location of Evergreen First Addition. (See Exhibit A) The drainage and utility easement that is being considered for vacation is located within this plat. Also attached is a larger copy of this plat. (See Exhibit B) . The drainage and utility easement being considered for partial vacation is 10 ' in width and approximately 29 ' in length. Evergreen First Addition was platted in 1982 , and consisted of 24 townhouses within 6 separate buildings (one building per block) . The individual lots within each block do not front directly onto a public street (Vierling Drive) . These lots are directly adjacent to land in common ownership, owned by Evergreen Homeowner ' s Association. This commonly owned land fronts a public street. Variances were also approved at the time of the preliminary plat. These consisted of: 1. ) 15 ' front yard variances off of 13th Avenue for Block 3 , 4, 5, and 6; and 2 . ) 5 ' rear yard variances for Block 4 , 5, and 6. The building on Block 3 was located in a manner which required a 15 ' front yard variance off of 13th Avenue. According to the Staff Report on this plat, this building received this variance so that it could be located in such a way that it would not conflict with the view for the adjacent townhouse building (Block 4) in the Minnesota Valley 4th Addition to the east. In addition, this variance was intended to permit the proposed structure to be aligned with the existing building on Block 5 of the Minnesota Valley 4th Addition. Minnesota Valley 4th Addition was platted in 1980. This Addition was a replat of a portion of Minnesota Valley 3rd Addition. The land between the buildings on these is also owned by Evergreen Homeowner's Association. Exhibit B shows the areas that were reserved for drainage and utility easements within both Evergreen 1st Addition and Minnesota Valley 4th Addition. Currently, the only easement between these two subdivisions is a ten foot drainage and utility easement that was reserved when Evergreen First Addition was platted in 1982 . Four feet of the shaded portion of this easement, as shown on Exhibit C, has been petitioned for vacation by the applicants. DISCUSSION: Evergreen 1st Addition and Minnesota Valley 4th Addition are two unique examples of subdivision platting in the City. These plats could be characterized as early forms of a residential Planned Unit Development (PUD) . A shared driveway across the commonly owned open space provides access to all lots in these subdivisions. Application of the standard City requirements for easements can be awkward in some situations where common open space is platted. Section 12 . 07, Subd. 2 , of the Subdivision Regulations states that "easements shall be provided for utilities and drainage where necessary and shall be at least 10 ' wide for telephone or power line easements and 20 ' wide for drainage, sewer or water easements. " The perimeter drainage and utility easement for Evergreen 1st Addition generally runs along the east boundary of the subdivision. (Refer to Exhibit B. ) The applicant is proposing that approximately 4 ' of this 10 ' drainage and utility easement be vacated in order to construct a structure within the easement. According to Shakopee Public Utilities (SPUC) , this easement contains a high voltage electric cable 2 ' from the property line, and a telephone line 4 ' from the property line. SPUC has stated that they need to retain at least a 6 ' easement at this location due to these existing utilities. A 6 foot easement in this location would be acceptable to them if the electric cable were protected with pipe and cement. SPUC has informed Staff that there is no public watermain within this easement, but the City should retain 6 ' of the easement to contain the electric cable. Northwestern Bell, U. S. West, Amzak Cable, and Minnegasco have no objections to the vacation. The City Engineer has stated that he would have no major concerns regarding drainage or future utility easement needs if the City Council were to approve the vacation of 4 ' of this easement, as proposed by the applicant. However, the vacation of this easement is in conflict with current policies. It should also be noted that the setback requirement of 15 ' needs consideration. Section 11. 28, Subd. 5, of the Shakopee Zoning Ordinance states that the minimum required side yard setback must be one-half the height of the building or 15 ' , whichever is greater. Exhibit D shows where a fifteen foot setback would be situated on this Block. If the applicants are proposing to construct a structure within the 10 ' drainage and utility easement, a variance to the minimum side yard setback requirement would also be necessary. Exhibit D also provides a drawing which shows the maximum distance that the proposed structure would enter into the easement if the vacation of 4 ' of the easement were approved, and if a variance to the setback requirement of 15 ' were approved by the B.O.A.A. ALTERNATIVES: 1. Approve the Vacation of the western 4 ' of the 10 ' drainage and utility easement within Lot 1, Block 3 , Evergreen First Addition, and move its adoption. 2 . Deny the application to vacate 4 ' of the 10 ' drainage and utility easement within Lot 1, Block 3 , Evergreen First Addition. 3 . Recommend that the applicant provide an alternative means of providing public easements for the lots in Block 3 . PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended approval of the application to vacate the western 4 ' of the 10 ' drainage and utility easement along the eastern lot line of Lot 1, Block 3 , Evergreen First Addition. ACTION REQUESTED: Offer Resolution No. 3555, A Resolution Approving the Vacation of the western 4 ' of the 10 ' drainage and utility easement along the eastern lot line of Lot 1, Block 3 , Evergreen First Addition, and move its adoption. RESOLUTION NO. 3555 A RESOLUTION APPROVING THE VACATION OF THE WESTERN 4 ' OF THE 10' DRAINAGE AND UTILITY EASEMENT ALONG THE EASTERN LOT LINE OF LOT 1, BLOCK 3, EVERGREEN FIRST ADDITIC)) WHEREAS, it has been made to appear to the Shakopee City Council that the western 4 ' of the aforementioned 10 ' drainage and utility easement serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacat(' was held in the Council Chambers of the City Hall in the City of Shakopee at 7 : 00 P.M. on the 21st of April, 1992 ; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at Shakopee Public Utilities, the bulletin board at the U. S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter weLc heard at the public hearing in the Council Chambers in the City oS's Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. ) That is finds and determines that the vacation hereinafter described is in the public interest and serves no further public need; 2 . ) That the western 4 ' of the 10 ' drainage and utility easement along the eastern lot line of Lot 1, Block 3 , Evergreen 1st Addition within the City of Shakopee in Scott County, Minnesota be, and the same hereby is vacated; 3 . ) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A , r f.f, i� .yam ; r 17 .....o... ...:I, L_, ,__i__. ,_,__:::_ii._, ____i .r_• _......,..... ......:.,".._.....::.....;: :.::_....._.., .ir__ /... . .. . .. • . • ., • ..,...../ ..• . i••••'''''•'• !•••'•••• •1 •-. -.-..- •.'••• -1,'••• st' Y 4 .'s. •'2 - .. -. 7.. --_ — t ot. __-.: . .. • r_ i - �: ' .j ! may.• ;--:_- -•— ,: % • ..a• *a:: r: 1 tr.j. it �. -•te r`Q -•.;-. ••'''"ft. �. -! 1•- • R -- 4--.-•1 '....--j i._.L-.. ,,--.13 •a , . : , •- .•� • • - ... t. „• ••,jA _-1 ••• . .. --1, 3 -. 177-17,i ice• r- 1 ^;!71=-:i�� : �..�- ..fes.:.' 7�.1 k1 ik q -\ � I `�,,.. !,r.;•.A2 a..1 �"!•-�} •i— `'c a::. • ',el• '-� It• ( '.lc \: ` f •- • - �J 701w•KN!VN: py-F= t. • : I N•:r' r AG AGRICULTURE .�„ j • R1 RURAL RESIDENTIAL 1 ti R2 URBAN RESIDENTIAL R3 MID-DENSITY RES. ` \ R4 MULTI FAMILY RES. • B 1 HIGHWAY BUSINESS B2 COMMUNITY BUSINESS B3 CENTRAL BUSINESS 11 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL S SHORELAND FLOODPLAIN DISTRICT :-:-:-: Evergreenlst Addition -•-•• MANDATORY PUD RTD RACETRACK DISTRICT ! 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'A+0� C :K`cC ' rc ,3 • k p, ' 1 , 1 • r -- THIRTEENTH AVENUE 238-0 - 8c i1 : To: Dennis Kraft, City Administrator From: Mark McQuillan Re : 1991 Township Participant Report Date: 4/15/92 INTRODUCTION On April 9, 1991, the Shakopee City CounciloanandtheoLouisvillwaand Jackson Township Boards conducted a joint ng in which the two townships could participate in funding s at tonshisnwouldrparticipatecinathe ufunding emeeting of recreation, starting townships P in 1992. BACKGROUND In 1991, the consensus of the Council and the Township Boards was that funding from the Townships would be based on the previous year ' s percentage of participation\per activity as applied to the City 's current year ' s ad valorem tax contribution for recreation. This excludes costs for park maintenance and the operation of the outdoor swimming pool. 1991 At last year 's joint meeting, the Council and Township Boards were presented figures showing program participation by jurisdiction. It was intended to present participation figures that represented all activities involving fees and activities with no fees. The 1991 Budget for the Recreation Dept. was $152, 945. Subtracting $75, 100 which represents fees for program participation leaves $77, 845. This figure represents the 1991 amount in which City taxpayerswn low e the esfromnthe 1989-90ischool oyear re( Julyr1-June30 )participation that fwere Figur presented at the 1991 joint meeting. 1989-90 Y. Dollar Share Shakopee 14, 108 89. 6% $ 69, 749. 1 479 Louisville 295 1. 9%. Jackson 580 3. 7% 2, 880 748 4. 8% 3, 737 Total 15, 731 Other100% $ 77, 845 The data provided at the Joint Meeting was somewhat flawed. The flaw appears in the Shakopee number of participation which shows a figure of 14, 108. In Shakopee' s case, the 14, 108 figure includes both fee & non-fee activities. The figures for the townships were hand counted from a registration master list containing only activities that have fees associated with them. Therefore, participation figures for Shakopee were inadvertly inflated r report becausethey activities with feestaken from a mandeactivitieshwithat �nod n separate fees. This year, when adjustments were made to use only activities that involve fees, the results (shown below) show Shakopee's participation figures about 8, 927 less than 1991 ' s figures. Therfore, the percentage of dollar share for Shakopee will be leas and the townships percentage of dollar share will be higher because we are just using activities with fees. 1992 This year 's ( actual 1991 ) participation figures include only those activities in which the user is charged a fee. Other activities, where no fees or charges are involved, were not included in this year' s tabulations because of the difficulty and time involved in extrapolating the data for township users. The extra staff time required to ascertain the number of township residents participating in non revenue programs is time consuming, costly and too few to make any difference with the final outcome. The 1992 Budget for the Recreation Dept. is $187, 180. Subtract $85, 180 representing projected fees for program participation leaves $101, 000 which represents taxpayers support for recreation in 1992. 1991 % Dollar Share Shakopee 5, 181 77. 7% $79009 288 4. 3% 4372 Louisville 11 e 67 Jackson 441 6. 6% 16711 Other 709 10. 8% Sand Creek Township 45 . 6% 610 Total 6, 664 100% $101685 PARK AND RECREATION ADVISORY BOARD RECOMMENDATION Use the actual 1991 revenues and expenses for recreation and apply the 1991 participation figures to the 1991 tax supported amount to determine 1992' s township contributions. Below is an illustration of this proposal. The 1991 Expenditures for Recreation was 0171, 091. Subtract $81, 233. representing fees for program participation will leave a tax supported amount of $89, 685. for recreation. 1991 % Dollar Share 5, 181 77. 7% $ 69, 801 Shakopee3, 883 Louisville 288 4. 3%. Jackson 441 6. 6% 5. 946Other 709 10. 6% 9, 560 Sand Creek Township 45 . 6% 608 Total 6, 664 100% $ 89, 858 ALTERNATIVE NEEDED TO REDUCE STAFF COST Staff wishes to point out one other concern it has regarding staff time to compile this report. In 1991, it took a month and a half to redo the computers participant address file to show actual residency of each participant. Prior to the change, every participant ' s community address was listed as Shakopee because of the zip code. Therefore, 8, 000 plus names had to be individually checked and changed to show if they were living in the City of Shakopee, Louisville Township, Jackson Township, Sand Creek Township etc. Preparing this year 's participation figures required 21 hours of secretarial and 6 hours of administrative time. Estimated cost : $425. ( including benefits) . Why so much time? Even with the changes made to the computer ' s filing system one year ago, staff must still go through a minimum of 427 pages of computer print-out with 4, 700 names while identifying activities each person participated in. Keep in mind, these are only participants who participated in activities where a fee was charged. There are another 3, 000 names in the registration file who either didn' t participate in a program in 1991 or participated in an activity that required no fee. In light of this very time consuming process of extrapolating figures that probably will not vary more than 1 or 2 % yearly (plus or minus) , staff would like the City Council and the two Township Boards to consider adopting a township contribution format that would set a fixed rate for a three year period. ALTERNATIVES 1 Set a fixed rate for the years 1992-95 at ($1479. or $3883. ) for Louisville Township and ($2880. or $5946. ) for Jackson Township. 2 Set a fixed rate for 1992 at ($1479. or $3883. ) for Louisville Township and a fixed rate for Jackson Township at ($2880 or $5936. ) to include a 2% annual increase for 1993 and 1994. 4 Continue with the current formula. 5. Establish a completely different formula that would be less time comsuming. 6. Use the 1991 figures as a base amount to include a 2% increase for 1993 and 1994. RECOMENDATION At its March 23, 1992 Park and Recreation Advisory Board Meeting, the Advisory Board recommended totheCity Cunci1to1stax to 1991 participation figures as they apply Y to subsidy for recreation and setting a fixed rate for 1992 at $3883. for Louisville Township and a fixed rate of $5946. for Jackson Township and to include an annual 2% increase for 1992 and 1993. iib MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Ordinance Amendment for the Industrial Districts (I-1 and I-2) - Additional Conditional Use Provision DATE: April 15, 1992 INTRODUCTION AND DISCUSSION: At their meeting on April 9 , 1992, the Shakopee Planning Commission reviewed a proposed ordinance amendment that would allow limited retail sales as a conditional use in the industrial zoning districts. The staff report to the Planning Commission is included with this memo as Attachment 1, and the minutes of the April 9 , 1992 , meeting of the Planning Commission are included as Attachment 2 . At their April 9th meeting, the Shakopee Planning Commission unanimously recommended that the City Council deny the proposed ordinance amendment. ALTERNATIVES: 1. Deny the proposed ordinance amendment which would allow certain types of commercial uses in the industrial districts near major intersections with a conditional use permit. 2 . Approve the ordinance amendment which limits by use and location, certain types of commercial uses in the industrially zoned areas (I-1 and I-2) . The attached ordinance amendment would allow the sale of industrial and construction equipment and licensed recreational vehicles. It will specifically prohibit passenger cars and pickups, snowmobiles, 3 and 4- wheelers, and other light duty recreational equipment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended that the City Council deny the proposed ordinance amendment which would allow certain types of commercial uses in the industrial districts near major intersections with a conditional use permit. ACTION REQUESTED: Offer Ordinance No. 334 , An Ordinance of The City of Shakopee, Minnesota, Amending Chapter 11, Land Use Regulation (Zoning) , Section 11. 32 , Light Industry (I-1) , and Section 11. 33 , Heavy Industrial (I-2) , by Adding One New Paragraph to Subd. 3 , Conditional Uses, in each Section, Relating to Retail Sales, and move its adoption. (A vote in the negative would be consistent with the recommendation of the Planning Commission. ) ORDINANCE NO. 334, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, LAND USE REGULATION (ZONING) , SECTION 11.32, LIGHT INDUSTRY (I-1) , AND SECTION 11.33, HEAVY INDUSTRIAL (I-2) , BY ADDING ONE NEW PARAGRAPH TO SUBD. 3, CONDITIONAL USES, IN EACH SECTION, RELATING TO RETAIL SALES. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That Chapter 11, Land Use Regulation, (Zoning) , Section 11. 32 , Light Industry (I-1) , and Section 11. 33 , heavy Industrial (I-2) , are hereby amended by adding one new paragraph to Subd. 3 , Conditional Uses in each Section. this new paragraph shall be identified as Sec. 11. 32 , Subd. 3 , paragraph 0, and Sec. 11. 33 , Subd. 3 , paragraph S, and shall read as follows: Retail sales and rentals of large vehicles and equipment as follows: (1) commercial trucks including semi-trucks and trailers, (2) heavy equipment such as construction equipment, (3) recreational vehicles which are licensed by the state, including camper trailers, and (4) boats longer than 20 feet. As an accessory use, the property also may sell vehicles taken in on trade for the sale of an item listed in (1) through (4) . Retail sales and rentals shall be allowed only when the following conditions are met in addition to all others required under this ordinance: a. On parcels located at the intersection of an arterial street with another arterial or with a collector street, or within 200 feet of such an intersection, and clearly visible from both streets; b. On parcels with a minimum size of 5 acres and a maximum size of 10 acres. The conditional use permit shall be granted only for the minimum area necessary to operate the proposed use; c. No parking or structures, other than signs, shall be allowed in the required front and street side yard setbacks, which shall be landscaped as provided in Section 11. 60; d. No more than thirty-five percent (35%) of the parcel shall be covered by structures; e. Driveway, parking areas, and outdoor storage areas shall be paved with a material to control dust and drainage; f. No more than two curb cuts shall be allowed per street frontage for any site if allowed by the appropriate governmental agency; g. All exterior surfaces, including fences, building walls, and roofs, shall be constructed of compatible building materials and finished in compatible colors and textures with buildings on adjacent properties; h. Outside storage is prohibited except as specifically approved in the conditional use permit; i. In addition to other limitations placed on signs in the City Code, the following signs or advertising are prohibited: balloons, pennants, banners, flashing lights, and similar signs or objects designed to attract attention; signs painted directly on a building; signs located in a building window; signs located in or on a vehicle or piece of equipment (other than the manufacturer ' s identification) ; roof signs; and temporary signs. A site plan showing sign location and a sketch or photograph of all proposed signs must bc. approved in the conditional use permit; j . Temporary structures are prohibited except as specifically approved in the conditional use permit; k. Annual or less frequent reviews may be required by the City; 1. Such other conditions as the Planning Commission or City Council deems necessary to protect the integrity of the industrial zone and surrounding properties. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11. 99 , Violation of a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1992 . ATTACHMENT 1 MEMO TO: Shakopee Planning Commission FROM: Lindberg S. Ekola, City Planner RE: Ordinance Amendment for the Industrial Districts (I-i and I-2) - Additional Conditional Use Provision DATE: April 3 , 1992 INTRODUCTION: At their meeting on March 17, 1992 , the City Council directed staff to prepare an ordinance amendment which would allow certain commercial uses in the industrial districts near a highway as conditional uses. This motion was approved following a recommendation from the Shakopee Housing and Redevelopment Authority (HRA) to initiate a Zoning Ordinance amendment to the I-2 (Heavy Industrial) district regulations. BACKGROUND: Attached are copies of two zoning maps for the industrial park area. Exhibit A illustrates the I-2 zoning before the creation of the RTD district and Exhibit B illustrates the area rezoned to RTD in 1986 . The amount of land rezoned from I-2 to RTD was approximately 280 acres. In 1986 the City Council repealed Section 11 . 33 , Subd. 3 .J which allowed as conditional uses in the I-2 zoning district the following: J. If abutting a State Highway: 1. Motels and tourist accommodations 2 . Automobile service station 3 . Restaurants and supper clubs 4 . Drive-in establishments 5 . Open sales or rental lots The comprehensive ordinance amendment which included repealing Subd. 3 .J was based on the Race Track District Land Use Study for the City in 1986. The purpose of the study was to guide future development in the area near the racetrack. This study recommended that Subd. 3 .J be repealed because, "sufficient lands are available and property zoned to accommodate Highway Service uses" . With the development of the racetrack district which utilized previously industrially zoned land, the need to protect the industrial zoned areas to the east of the racetrack became more important. Staff is not aware of any changes to the development conditions in the industrial area east of the racetrack which would nullify this recommendation from the 1986 land use study; i. e. there is still a need to protect the industrial area east of the racetrack. Use On September 17, 1991, the City Council denied an application to amend the above mentioned portion of the Zoning Ordinance to allow certain types of commercial uses in both the I-1 (Light Industrial) and I-2 (Heavy Industrial) zoning districts. The Planning Commission' s recommendation to the City Council included a motion to direct staff to prepare an ordinance amendment which would be "very restrictive" for possible conditional uses. Whereas the previously repealed ordinance allowed a wide variety of commercial uses, including motels, gas stations, restaurants and open sales lots, an ordinance amendment can be drafted which would restrict the types of conditional uses allowed. In response to the direction by the Planning Commission and the City Council, staff suggested that if the ordinance were to be amended the proposed conditional uses allowed should be limited to the wholesale and retail sales of the following: 1. Commercial trucks - vehicles used in the transportation of goods and commodities. Semi trucks and trailers and other large heavy duty trucks would be included in this category. 2 . Heavy equipment - items such as bulldozers, scrapers, road graders, backhoes, front end loaders. These types of equipment are used in road construction and large scale developments. 3 . Recreational vehicles - licensed vehicles and trailers such as motor homes and camper trailers used for recreational purposes. 4 . Boats - greater than 20 feet in length. The sale of these types of vehicles and equipment generally require larger parcels of property for display and storage. These vehicles also require wider roads on which to circulate safely on public streets. Retail sales of passenger automobiles, light duty pickups and small recreational vehicles such as snowmobiles, motorcycles, boats and 3-wheelers were recommended to be excluded from the conditional uses. Location The concept of spacing retail operations was raised at the August 1991 Planning Commission meeting in their discussion of an application to rezone a parcel from Heavy Industrial (I-2) to Highway Business (B-1) . Spacing can be accomplished most safely and appropriately by limiting these operations to major street intersections. The subject site in the aforementioned rezoning request was located near the intersection of a collector street (Valley Park Dr. ) with a minor arterial (Hwy. 101) . The site is approximately 140 ' south of Highway 101 right-of-way. Access to heavily traveled roads is an essential factor in locating retail businesses. Attached is a map (Exhibit C) which illustrates the designation of the street functional classifications in the I-2 zoned areas (arterials, collectors, and local streets) . The circles on the map identify those street intersections in the industrially zoned areas where arterial streets intersect with collector streets and/or other arterial streets. These intersections would typically experience higher traffic volumes and would likely receive the most pressure to develop for commercial uses. There are five major street intersections in the I-2 area and nine such intersections in the I-1 zoned area. The I-2 intersections are identified by a number (1-5) and the I-1 intersections are identified by a letter (A-I) . Staff suggested that the amendment to the conditional uses be allowed only on corner parcels adjacent to major street intersections (arterial/arterial or arterial/collector) or within 200 feet of such an intersection. Staff also recommended that the sites also be clearly visible to both major streets. Since the southerly bypass is a limited access road, staff has circled only those intersections in the industrial zoned areas where there is access provided to and from the bypass. Staff recommended that any ordinance amendment that is considered include provisions requiring that the site be accessible to both major streets. Enforcement Retail uses are not customarily allowed in industrial areas. Staff reminded the Planning Commission that any future retail businesses may have difficulty in limiting sales to those items allowed under a conditional use permit. In addition, there may also be a need for higher levels of enforcement on the part of the City with these conditional uses. DISCUSSION: At their meeting in March, the Shakopee HRA requested that the City Council once again initiate a Zoning Ordinance amendment to the I-2 regulations to allow for the siting of the Brambilla project. They felt that the exploration of this alternative could provide for the siting of the Brambilla project at his earlier discussed location (Twin City Marble and Tile property) without utilizing tax increment surplus funds from the City of Shakopee. A copy of the staff report from Barry Stock to Dennis Kraft, HRA Executive Director, is attached, as well as the HRA and City Council minutes. (Please Note: This item was previously distributed to the HRA for their March 17, 1992 , meeting. This item, nor the minutes, will be attached. If you need copies, please call Planning Staff at 445- 3650. ) Mr. Rod Krass, representing the Brambillas, submitted a letter to staff regarding the ordinance amendment. Attached is a copy of this letter along with his revised ordinance amendment. This proposed amendment would allow the sale of trade in vehicles and associated equipment and parts. The servicing of vehicles, although not identified in proposed amendment, is desired by the Brambillas. In reviewing the ordinance amendments prepared last fall for this issue, staff has several additional comments. With respect to the sales of trade in vehicles, staff would anticipate difficulty in enforcing this provision and prohibiting the sales of used vehicles which are not traded in. The sale of large commercial trucks and heavy construction equipment should be evaluated by the Planning Commission. The vehicles will most likely require large display areas and storage areas. Staff would recommend these uses be deleted. The resolution attached to the memo was prepared by the City Attorney and reflects suggestions made last fall by Rod Krass and Jon Albinson. It was identified in Mr. Stock' s memo that an amendment to the I-2 regulations could resolve the problem currently being experienced by Minneapolis North Star Auto Auction in regard to their need for occasional auctions that are open to the general public. The Planning Commission will be reviewing a conditional use permit request by Northstar Auto at the April 9 meeting. The applicant is applying for the conditional use permit under the current ordinance provisions. ALTERNATIVES: 1. Recommend denial of the ordinance amendment which would allow certain types of commercial uses in the industrial districts near major intersections. 2 . Recommend approval of an ordinance amendment which limits by use and location, certain types of commercial uses in the industrially zoned areas (I-1 and I-2) . The attached ordinance amendment would allow the sale of industrial and construction equipment and licensed recreational vehicles. It will specifically prohibit passenger cars and pickups, snowmobiles, 3 and 4-wheelers, and other light duty recreational equipment. RECOMMENDATIONS: The intrusion of highway commercial uses is no more warranted today than it was in 1986 when the City Council amended the Zoning Ordinance prohibiting commercial uses in industrial zones, or in 1991 when this proposed amendment was again brought before the Planning Commission and the City Council. However, if the Planning Commission recommends the approval of the ordinance amendment, staff recommends that the following conditions be included in the amendment: 1. Allowed conditional uses - wholesale and retail sales of the following: a. Commercial trucks - vehicles uses in the transportation of goods and commodities. Semi trucks and trailers and other large heavy duty trucks would be included in this category. b. Heavy equipment - items such as bulldozers, scrapers, road graders, backhoes, front end loaders. These types of equipment are used in road construction and large scale developments. c. Recreational vehicles - licensed vehicles and trailers such as motor homes and camper trailers used for recreational purposes. d. Boats - greater than 20 feet in length. 2 . Location requirements - must be located on a corner parcel adjacent to a major street intersection or within 200 feet of such an intersection and clearly visible to both major streets (arterial/arterial or arterial/collector street intersections) . 3 . Lot Sizes - no parcel for such a conditional use shall be less than 5 net acres or greater than 10 net acres. The conditional use permits will be granted only for the minimum area necessary to operate the proposed use. 4 . Setbacks - no parking or structures, other than signs, shall be allowed in the required setbacks. The required front yard and street side yard setbacks shall be used as a landscaped yard only and for no other purpose. 5. Lot Coverage - no building or other structure or combination of buildings or structures on a site shall cover more than 35 percent of the net lot area. 6. Driveways and parking areas - no site shall have more than two curb cuts per street frontage. All parking spaces and vehicle drives must be surfaced with a material to control dust and drainage. No parking or display can be located in the required front or street side yard setbacks. 7 . Buildings, fences and other structures - must be compatible with adjacent industrial properties. Compatible building materials and colors must be used. 8 . Display Areas/Outdoor Storage - all display areas and products to be displayed outdoors must be approved by the Planning Commission and specified in the conditional use permit. 9 . Signage - no balloons, pennants, banners, flashing lights or other similar devises for promotional purposes shall be allowed. No signs shall be painted directly on the buildings. No signs shall be permitted in a building window or on roofs. No temporary signs or signs located in or on a vehicle or piece of equipment (other than the manufacturer' s identification) . Signage shall be limited to that allowed in the industrial districts only. 10 . Temporary Structures - no structure of a temporary character such as tents or canopies shall be constructed, placed or maintained upon the site unless approved in the conditional use permit. 11. Conditional Use Permit Reviews - the Planning Commission may review all permits annually to monitor the business operations. 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(.. . .c4 ..0 co ... 1 . .•' ' -:-Li.i .1. • i .• • . / • slit ` ,.._; ••'I : /1 11 iitt1I1 41 Moslems! • N1 t' %. c 1' 1/J. f _ 11 1 .. / sir l I.- ...'.:.,21.:.2. j' f . :I r 1 .7..-...' - .:• LE .11Ir'n 04 , .-. _ .,' 1 : t f ".►. www�►w W vv� 1 1 to� Irl 1 Iv w 1 .1 t-+1 14 _ . j i .Jr `I /tc.... 1 � � in,��.r�ter.../,,,�.r 1 i rt .... 'i 1 _ 3'N l l 11311 V VV 1, • .../ / ,ii 1 0 1 x / ,'': ,:',,r i •it (-3 01111 • ori I ;;1' ,d:'r 1a1µ.1 I ;:IL'. • k.2. 'Re t.....71, .-•A.—.1 t. 7 T..= ' 1,....,''1 OG 11 �� / , h� • I 1 • t 1 ..• ,. i •. • /�.t 1- -• ; -1 1. 1 •• ' .� •//,1 •I .„....1 --14}w•!• I • ',I A 1 ‘' 1 I' '• ' gg ......,..!......i._::. .,___f1'JII IL :',;_ I Q 1 0 - Wu vi;,re•s :: . p R. \ i J? L V n\v lame, (tut tutne rtrmRTr.Ala• KIM K.\k u r f Markt Kathryn E.Kelt). \lun% R Mans. T::!:441• \III nrtsll (lallt ll c urirr�•; B.1.:�,IrtS :1:..',•.. ,.I•, 11,vy.n. !,.,t:n 1%,hf.sni March 26, 1992 VIA FACSIMILE 445-6718 Lindberg S . Ekola City Planner City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Text Amendment Our File No. 1932-8 Dear Lindberg: I know the text amendment the City Council spoke of last week is one that the City is going to propose and I certainly don' t want to step on anybody' s toes , but if the amendment is intended to, at a minimum, allow the BrPmhilla' s to do what they have been doing as a conditional use in the I zone, I would like to give you another copy of the proposal that I drafted last fall. I have made one change to it and that is the inclusion of the words "and associated equipment and parts " in Section 1, paragraph two, subsection 3 . I assume that the sale of the kinds of assorted equipment that goes with the recreational vehicles is probably implied, but I wanted to make certain that it was covered. The proposal I am submitting with this letter does cover both I-1 and I-2 , but as I have indicated previously if you want to limit that, we have no objection. Although I have mentioned this before, I assume you understand that retail sales and rental of our recreational vehicles and camper trailers is going to include servicing them. We can't rent them unless we keep them up which is, of course, something we presently do. Toady I talked to Tom Lyons, a representative of the property owner to the east of Valley Fair who had the property we were looking for tax increment financing on. They are not very happy with the decision of the council to go for a text amendment rather than TIF assistance as they consider this a loss of a potential :inlri:unit t.•it.-r._ ,;, '.!uu. :6:41 n2r .` : ^-V,r; i�.3i '1„ :rrti,th: \ •1_! RR;" ,.rt Lindberg S. Ekola March 26, 1992 Page -2- sale. They have informed me, therefore, they intend to oppose the text amendment and complain to the City about the City' s decision. I just wanted to let you know that. Very truly yours, MASS & MONROE CHARTERED f;_ Phillip R. Brass Attorney at Law PRR mpg Enclosure \LIT\COR\EKOLA7.PRK/bmp ORDINANCE NO. , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, LAND USE REGULATION (ZONING) , SECTION 11.33, HEAVY INDUSTRIAL (I-2) , BY ADDING ONE NEW PARAGRAPH TO SUED. 3, CONDITIONAL USES, RELATING TO RETAIL SALES. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That Chapter 11, Land Use Regulation, (Zoning) , Section 11.33 , Heavy Industrial (I-2) , are hereby amended by adding one new paragraph to Subd. 3, Conditional Uses . This new paragraph shall be identified as Sec . 11.33, Subd. 3, paragraph S, and shall read as follows : Retail sales or rental of large vehicles and equipment as follows : ( 1) commercial trucks including semi-trucks and trailers, ( 2) heavy equipment such as construction equipment, ( 3 recreational vehicles which are licensed by the state, including camper trailers, and associated equipment and parts, (4) boats longer than 20 feet, and (5) passenger automobiles, light-duty pickups and small recreational vehicles taken in on trade for the sale of items set forth in clauses 1 through 4 of this paragraph. These sales shall be allowed only when the following conditions are met in addition to all others required under this ordinance: a. For parcels located at the intersection of an arterial street with another arterial or with a collector street, or within 200 feet of such an intersection, and clearly visible from both streets; b. On parcels with a minimum size of 5 acres and a maxiirtua size of 10 acres . The conditional use permit shall be granted only for the minimum area necessary to operate the proposed use; c . No parking or structures, other than signs, shall be allowed in the required front and side yard setbacks; d. Fifty percent (50%) of the parcel or less shall be covered by structures; e. Driveway, parking areas, and outdoor storage areas shall be surfaced with a material to control dust and drainage; f. No more than two curb cuts shall be allowed per street frontage for any site; g. All exterior surfaces, including fences, building walls, and roofs, shall be constructed of compatible building material% and finished in compatible colors and textures with any on adjacent properties in the immediate area. . h. Outside storage is prohibited except as specifically approved in the conditional use permit; i. In addition to other limitations placed on signs in the City Code, the following signs or advertising are prohibited: balloons, pennants, banners, flashing lights, and similar signs or objects designed to attract attention; signs painted directly on a building; and roof signs . A site plan showing sign location and a sketch or photograph of all proposed signs must be approved in the conditional use permit; j . Temporary structures are prohibited except as specifically approved in the conditional use permit; k. Annual or less frequent reviews may be required by the City. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 11. 99 , Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and .publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of • 1992. -2- ATTACHMENT 2 Ob EXCERPT OF THE OFFICIAL PROCEEDINGS OF THE COMMISSION PLANNING NG COMMIS I Regular Session Shakopee, Minnesota April 9, 1992 MEMBERS PRESENT: Kahleck, Spurrier, Mars, Kelly, Zak, Joos MEMBERS ABSENT : Christensen STAFF PRESENT Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Dave Hutton, Public Works Director Jane VanMaldeghem, Recording Secretary IX. PUBLIC HEARING: ZONING ORDINANCE AMENDMENT/RETAIL SALES IN THE INDUSTRIAL DISTRICTS Chrmn. Kahleck opened the public hearing to consider a zoning ordinance amendment which would allow limited retail sales as a conditional use in the Heavy Industrial (I-2) district. The City Planner noted that on March 17, 1992, the City Council directed staff to prepare an ordinance amendment which would allow certain commercial uses in the industrial districts near a highway as a conditional use. He added that staff is not aware of any changes to the development conditions in the industrial area east of the racetrack which would nullify the recommendation made in 1986 after the racetrack study. He stated he believes there is still a need to protect the industrial area east of the racetrack. The City Planner stated that staff continues to view retail uses as not being compatible generally in the industrial zones. Discussion was held on whether or not 15 percent of the floor area is too large an area for retail sales in the industrial zone. Comm. Spurrier stated that the Planning Commission should look very closely at this percentage and how it pertains to all industrial uses. Comm. Zak stated that the City needs to preserve the I-2 district because the value of this land will increase as development increases. He added that this area should be protected for industrial uses. Chrmn. Kahleck asked for comments from the audience. Rod Krass, attorney for Jack Brambilla, was present to discuss this amendment as it would directly affect his client. He stated that Mr. Brambilla had looked at the possibility of tax increment financing, but the City Council decided that the ordinance should be revisited rather than pursuing the use of tax increment financing. Mr. Krass stated that at one time commercial uses had been allowed in the I-2 zone and since 1986, after the amendment change, no development has occurred in this area. He added this is not just a planning decision but a decision of fairness where the City had agreed to help Mr. Brambilla when the mini-bypass came through. Mr. Krass stated that the City Council had directed staff to draw up an ordinance that would get Mr. Brambilla into the I-2 zone. He suggested that the City look at being more restrictive with retail sales in the industrial zone, but. still allow limited retail sales, such as Mr. Brambilla ' s, i. ;. the industrial zones. Discussion was held on the square footage for retail sales Mr. Brambilla was proposing for his building. Jack Brambilla stated there are no other B-1 areas in Shakopee with sewer and water that are available for his facility. Chrmn. Kahleck asked for comments from the audience. Steve Korte, Conklin Company, Inc. , stated this issue has been revisited countless times. He added that the purpose of the City is to provide good land management. He stated that as representative for Conklin, they do not feel that used car sales would be appropriate in an I-2 zone. Mr. Korte questioned what had changed since August when the ordinance amendment was first proposed. He said that between the Planning Commission and the City Council there have been six denials to this item, but this issue still keeps coming back. Mr. Korte added that the Conklin Company had been promised that no additional retail uses would come into the industrial zone. He is concerned with the inconsistency from the City. Mr. Korte questioned if limited retail sales were allowed in the industrial zone, how this would be enforced. He added that the companies in the area should not have to be responsible for policing retail sales lots to ensure that all the conditions are being met. He added that if this use is allowed, a precedent will be established with retail sales merging with industrial uses, he feels that this is a safety issue. He stated that the existing tenants in the industrial zone are trusting the City that the zone will remain for Minutes of the Page 3 Shakopee Planning Commission April 9, 1992 industrial uses . He added the integrity of the City is at risk in continuing to look at this type of ordinance amendment. Mr. Korte requested that the Planning Commission concur with the recommendation of the City Planner and once again recommend denial of this ordinance amendment. Chrmn. Kahleck asked for further comments from the audience. There were no further comments. Chrmn. Kahleck closed the public hearing. Motion: Joos/Zak moved to recommend to the :ity Council denial of the proposed amendment. Vote: Motion carried unanimously. / Jc MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Final Plat of The Meadows 7th Addition DATE: April 10, 1992 INTRODUCTION: Gold Nugget Development, Inc. has submitted a final plat for The Meadows 7th Addition, located south of 11th Avenue and east of County Road 79 . This is the seventh phase of the development and contains 47 single family lots and two outlots on 81. 74 acres. The area is zoned R-2 , Urban Residential. (See Exhibit A. ) BACKGROUND: 1. The Upper Valley Drainageway is located along the northwest edge of Outlot A, and is also located within Outlot B. This: drainage and utility corridor is generally 120 feet in width and will contain the VIP sewer main. It is adjacent to Lots 1 through 10, of Block 1, and Lots 3 , 4, and 5 of Block 6. )' permanent easement for drainage purposes extends into the northern portions of the lots in Block 1, the southern portion of lots in Block 6, and into Outlot A. 2 . In addition to that portion of the Upper Valley Drainageway which is shown on the plat, the drainageway extends in a northwest to southeast direction across Outlot A. (See Exhibit B. ) The easement for this portion of the drainageway is not shown on the plat. A revised final plat which shows this easement must be provided prior to approval of the final plat by the City Council. 3 . When The Meadows subdivision was initiated in 1986, the developer requested that the City allow him to build the portion of the Upper Valley Drainageway located in the development. The developer has constructed the drainageway from County Road 79 through his subdivision. In all other areas, the City has or will be constructing the drainageway with an 8 foot wide trail. In the approval of the preliminary plat, the developer was not specifically required to construct the trail. The emphasis was on the dedication of land area. In the review of The Meadows 7th Addition, staff had made the recommendation to the Planning Commission which required the developer to construct the trail as the City has in its projects. The developer disagreed with the trail requirement being placed on the final plat. He does not want to be responsible for constructing the trail. The Planning Commission discussed the trail requirement and eventually included it with their recommendation. Based on further discussions at a staff level, staff has reconsidered the trail requirement since it was not made part of the preliminary plat conditions. Additionally, the developer has constructed the drainageway with a capacity to serve beyond the boundaries of the subdivision. Finally, the developer has met the park dedication requirements through his dedication of property for the drainageway and cash in lieu of land dedication. Condition 2 .H. would require the developer to construct the trail. Staff requests that the City Council review this condition and to include the appropriate action in their motion. 4 . The Final Plat for The Meadows 7th Addition is in substantial agreement with the approved Preliminary Plat. However, with the approval of The Meadows 5th Addition, it was determined that Goldenrod Lane would not cross the drainageway but would have two cul-de-sac streets constructed at the end of each street. The cul-de-sac street on the north side was approved with The Meadows 6th Addition. The cul-de-sac street connection on the south side has been redesigned for the Meadows 7th Addition. A 30 foot drainage and utility easement has been provided between Lots 8 and 9 of Block 1. At the April 9th meeting of the Planning Commission, staff recommended that a pedestrian access easement be dedicated and an 8 foot wide trial be constructed between Lots 8 and 9 of Block 1 to provide pedestrian access to the Upper Valley Drainageway and Trail. A 30 foot wide drainage and utility easement is proposed in this area (15 feet of easement from each lot) . 5. Typically street names in the City use the following: East/West Roads: " " Avenue North/South Roads: " " Street Cul-de-sacs: " " Court or " " Circle Other Streets: " " Lane or " " Drive Street names within the plat should be revised to be in conformance with the City's street naming policies. The cul- de-sac called "Yarrow Circle" should be changed to Dakota Circle, as it will be directly aligned with Dakota Street. The names of streets currently called Goldenrod Lane and Goldenrod Court should be changed to names that are less similar to existing names of streets within the City. 6. Outlot B was dedicated as a drainage and utility easement with the Meadows 1st Addition. It should be labeled as such on a revised final plat. 7 . All lots within the proposed development meet or exceed the 9, 000 square foot minimum lot size requirement within the R-2 zoning district. Eleven of the lots meet the requirements for development with single family homes, and 36 of the lots meet the requirements for development with two family dwellings. Condition No. 5 limits the number of twin homes to no more than 10% of the lots within the plat. 8 . Approval of the Preliminary Plat required dedication of land for park purposes. Since the developer is phasing the final platting, he will be dedicating additional park land to the City in future phases. The park dedication requirement for The Meadows 7th Addition is 1. 8282 acres (10%) . This amount, minus the . 384 credit which resulted from the previous plat, and the dedication of Outlot B (1. 0383 acres) in this plat, results in a park dedication requirement of .4059 acres. Using the assessed value of the property from the Scott County Assessors Office, the value of this land dedication requirement would be $441. 95 . 9 . There are special assessments against this property. The City Engineer will reapportion these assessments against the lots and the developer will waive his right to appeal thE: reapportionment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the Final Plat of The Meadows 7th Addition, subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: A. Street lighting to be installed in accordance with the requirements of the SPUC Manager. B. Water system to be installed in accordance with the requirements of the SPUC Manager. C. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. Electric system to be installed in accordance with the requirements of the SPUC Manager. F. The applicant will be required to dedicate Outlot A to the City to help meet the parkland dedication requirement. A credit of . 384 acres from the 6th Addition shall be applied to The Meadows 7th Addition' s requirement. The dedication of Outlot B ( . 1. 0383 acres) results in a parkland dedication requirement of . 4059 acres. Cash payment ($441. 95) for this balance shall be made in lieu of additional parkland dedication for this plat. G. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. H. The applicant shall construct the Upper Valley Drainageway Trail and the connecting trail between Lots 8 and 9, Block 1, from Goldenrod Lane to the drainageway (8 feet wide) . 3 . The developer shall submit a revised final plat which shows the easement for all of the Upper Valley Drainageway prior tc approval of the final plat by the City Council. 4 . The developer shall submit a revised final plat which shown- revised street names within the plat. The cul-de-sac caller_ "Yarrow Circle" shall be changed to Dakota Circle. The names of the streets currently called Goldenrod Lane and Goldenrod Court should be changed to names that are less similar to existing names of streets within the City. 5 . The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 6 . The developer will be responsible for the grading of the plat as shown in the preliminary drainage plan. 7 . The developer shall execute and record a 16 foot wide pedestrian access easement between Lots 8 and 9 of Block 1 and construct an 8 ' bituminous path. 8 . Outlot B must be labeled as a public drainage and utility easement. 9 . No direct accesses from individual lots will be allowed to Vierling Drive. STAFF RECOMMENDATION: Staff recommends approval of the final plat for the Meadows 7th Addition, subject to the conditions recommended by the Planning Commission. However, the City Council is being requested to review Condition 2 .H. (trail requirement) . The City Council may want to delete this condition. ACTION REQUESTED: Offer and pass Resolution No. 3573 , A Resolution Approving the Final Plat of the Meadows 7th Addition, subject to conditions. RESOLUTION NO. 3573 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT OF THE MEADOWS 7TH ADDITION. WHEREAS, the Planning Commission of the City of Shakopee d:; (1 approve the Final Plat of The Meadows, 7th Addition on April 9, 1992 , and has recommended its adoption; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of The Meadows, 7th Addition, descriL):_ on Exhibit A attached hereto and incorporated herein is hereby approved subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: A. Street lighting to be installed in accordance with t -12 requirements of the SPUC Manager. B. Water system to be installed in accordance with the requirements of the SPUC Manager. C. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. D. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. E. Electric system to be installed in accordance with the requirements of the SPUC Manager. F. The applicant will be required to dedicate Outlot B to the City to help meet the parkland dedication requirement. A credit of . 384 acres from the 6th Addition shall be applied to The Meadows 7th Addition' s requirement. The dedication of Outlot B ( . 1. 0383 acres) results in a parkland dedication requirement of . 4059 acres. Cash payment ($441. 95) for this balance shall be made in lieu of additional parkland dedication for this plat. G. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. H. The applicant shall construct the Upper Valley Drainageway Trail and the connecting trail between Lots 8 and 9, Block 1, from Goldenrod Lane to the drainageway (8 feet wide) . 3 . The developer shall submit a revised final plat which shows the easement for all of the Upper Valley Drainageway prior to approval of the final plat by the City Council. 4. The developer shall submit a revised final plat which shows revised street names within the plat. The cul-de-sac called "Yarrow Circle" shall be changed to Dakota Circle. The names of the streets currently called Goldenrod Lane and Goldenrod Court should be changed to names that are less similar to existing names of streets within the City. 5. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 6. The developer will be responsible for the grading of the plat as shown in the preliminary drainage plan. 7. The developer shall execute and record a 16 foot wide pedestrian access easement between Lots 8 and 9 of Block 1 and construct a 8 ' bituminous path. 8 . Outlot B must be labeled as a public drainage and utility easement. 9 . No direct accesses from individual lots will be allowed to Vierling Drive. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer' s Agreement. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney -.i PV'!`•;• 'tf: -4;41 't 4.--•••-1 ;•••• !•• -: • :..,-• ''-- -------- . - - - • .d44----4 1.- • • - "- -.-- '"'- ..., ..-- --".„1 4 • •...,-...- • _-- L-•- 7: - •- ______. ....- , ..., . , ;-1. ,•%...---. _ , • . • . .1. elr.:*•••:•• $4 - ...• ......,3 ',7„...••••:. ....•••a ,I0r- , i i .-•:if *- s. .......-, r''.....EXHIBIT A -i. k, - • F--...._ •:! 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S.cfion I8, T.115, R 22 // MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Final Plat of Prairie Estates 2nd Addition DATE: April 10, 1992 INTRODUCTION: Gloria Vierling has submitted a final plat for Prairie Estates, 2nd Addition, located south of 11th Avenue, and west of Prairie Estates, 1st Addition. This is the second phase of the development and contains 18 lots and one outlot on approximately 13 . 08 acres. The average lot size is 14 , 689 square feet. The area is zoned R-2 , Urban Residential. BACKGROUND: 1. The Final Plat for Prairie Estates, 2nd Addition is in substantial agreement with the approved Preliminary Plat. However, some of the lots have been adjusted due to the decision not to construct 11th Avenue between Legion Street and Naumkeag Street. 2 . Thirty feet of right-of-way for 11th Avenue was dedicated during the subdivision process for Eagle Bluff 2nd Addition. This plat is located north of the proposed plat. However, due to opposition of area residents, plans for the construction of the portion of 11th Avenue between Legion Street and Naumkeag Street were abandoned, and the developer was not required to dedicate 30 ' of right-of-way for this portion of the street with Prairie Estates 1st Addition. 3 . Prairie Estates 2nd Addition is a replat of Outlot A from Prairie Estates 1st Addition. Approval of the final plat for this addition required the developer to construct a sidewalk within the 30 ' of right-of-way directly north of the plat. This sidewalk was constructed with the 1st Addition to the eastern edge of the proposed plat. Approval of the 2nd Addition will require that this sidewalk be continued to the western edge of the plat. 4 . The Upper Valley Drainageway is located directly south of Outlot A, adjacent to the southerly boundary of this plat. This land was dedicated to the City with the 1st Addition to meet its Park Dedication requirement. The Park Dedication requirement for this plat is .70 acres (10%) . A credit of 2 . 01 acres exists from the dedication of Outlot B with Prairie Estates 1st Addition. This credit shall be applied to the park dedication requirement of this plat. The resulting credit of 1. 31 acres shall be applied to future subdivision plats for Prairie Estates. 5. All of the lots meet the area and dimension requirements for development with two family dwellings. The Planning Commission recommended that the condition requiring no more than 10% of the plat be developed into twin homes. 6. Final construction plans, an erosion control plan, and storm sewer calculations have been submitted to the City Engineer. 7 . This development received preliminary plat approval prior to January 1, 1992 , when the Wetlands Conservation Act of 1991 went into effect. Therefore, the enforcement of this act is not applicable to this plat. 8 . There are special assessments against this property. The City Engineer will reapportion these assessments against the lots and the developer will waive his right to appeal the reapportionment. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the Final Plat of Prairie Estates 2nd Addition, subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of a Developer' s Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of SPUC. b. Water system to be installed in accordance with the requirements of SPUC. c. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. d. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. e. The developer shall construct a sidewalk within the right-of-way for 11th Avenue between Prairie Estates 1st Addition and Naumkeag Street, except the west 200 ' , that complies with the design criteria and standards of the City of Shakopee. f. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 4 . No building permits shall be issued for Outlot A (6. 07 acres) until the outlot is replatted. 5. The developer will be responsible for the grading of the plat as shown in the preliminary drainage plan. 6 . The Park Dedication requirement for this plat is . 70 acres (10%) . A credit of 2 . 01 acres exists from the dedication of Outlot B with Prairie Estates 1st Addition. This credit shall be applied to the park dedication requirement of this plat. The resulting credit of 1. 31 acres shall be applied to future subdivision plats for Prairie Estates. ACTION REQUESTED: Offer and pass Resolution No. 3570, A Resolution Approving the Final Plat of Prairie Estates, 2nd Addition, subject to conditions. RESOLUTION NO. 3570 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT OF PRAIRIE ESTATES 2ND ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Prairie Estates, 2nd Addition on April 9, 1992 , and has recommended its adoption; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of Prairie Estates, 2nd Addition, described as: Outlot A, Prairie Estates 1st Addition is hereby approved subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of a Developer' s Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of SPUC. b. Water system to be installed in accordance with the requirements of SPUC. c. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. d. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. e. The developer shall construct a sidewalk within the right-of-way for 11th Avenue between Prairie Estates 1st Addition and Naumkeag Street, except the west 200 ' , that complies with the design criteria and standards of the City of Shakopee. f. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The developer shall be required to construct the portion of the trail within the Upper Valley Drainageway and Trail that is adjacent to the southern boundary of this plat when Outlot A is replatted. 4 . The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 5 . No building permits shall be issued for Outlot A (6 . 07 acres) until it has been replatted. 6 . The developer will be responsible for the grading of the plat as shown in the preliminary drainage plan. 7. The Park Dedication requirement for this plat is . 70 acres (10%) . A credit of 2 . 01 acres exists from the dedication of Outlot B with Prairie Estates 1st Addition. This credit shall be applied to the park dedication requirement of this plat. The resulting credit of 1. 31 acres shall be applied to future subdivision plats for Prairie Estates. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer' s Agreement. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney : .. . '1 1vim ,;i , t } '..�...',1..1. c' i AG AGRICULTURE - t t 1 ' ice— j'' '� 1 , , , ,. --1 1111t•.�"` I ' R1 RURAL RESIDENTIAL -3. - _ :� , • •i t ` ' = R2 URBAN RESIDENTIAL ---� _�-; _ �. .i- '` ,. �• ' el S. R3 MID—DEIVSr Y RES. �, i .‘,.t. ,.� l�'� �-r"" of„ `'una � 1 . L.. k R4 MULTI FAMILY RES. ' t = Ain ; ,, `•;;; `• r .�; '' t': 1 B1 HIGHWAY BUSINESS f, ,',-„ ' ! r � , t !.,...r, .`. f B2 COMMUNITY BUSINES. .� • © . ' ; ,. xa, � , 1• �. ! - B3 CENTRAL BUSINESS ' ; ;. ' — x._; LIGHT INDUSTRIAL 1' 1 ,- ' = =,--- c.- .r 12 HEAVY INDUSTRIAL • 1. :t� �'� � , �, �.,T�.; z 4j<Z SSHORELAND. •1•- 4 FLOODPLAIN DISTRIC a-.1.: —0'g:i. VV -•-•• MANDAT I j I I )e ! . j,l ,.: 's O�mut• �. RAC •. 1': J . •. • .-. ; __..i; , �. ' RTD TACK DI TI 'AA'• s ► Iii i ��i=; I� a — _ • 10 .5'<--; ',.':../ / i t!a. hlZ' `I_7-+-C� +• I J • V., , `tea i 1 . . .-- gill." -. i ER_lijk - - . VW sem(-- �- t1 ) •s _ 1 �`d - �_ Jj -a!•- UM .• {-I••• i t • ! " � I �.1 ?r0. , it .) i f Jam, I- .'t::1'. 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I Ov V 9^T A r1r11T'Ir\AI 1 rtI1\IL_ t_v,f-I I�_.i �; (n •_ ` ,...%I rI JIJ1 I Il/1 4 I • 170.00 S 00'08'03" E ttt ettJ `4.1ht t ♦r 1*** ail • '7r t V ----7tt ,1, i a --' 1 1 -: ,g1 . 077 w * x 53'050 �1ir3_ N ,A if I 3 ° 7 0Er: Y ZN 11 • N. 0. Q53 g3 ei - ZZ qi l y L •91- - ----------- il1li;E 20 U) g = N b 3 to E a I �I. �►, S It:, ti t.N ti y 0 t I/ fo MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Application for Rezoning from R-4 to R-3 and R-2 , from R- 2 to R-4, and from B-1 to R-2 , by Laurent Builders, Inc. DATE: April 10, 1992 INTRODUCTION: The City has received two applications for rezoning from Randy Laurent of Laurent Builders, Inc. At their March 5, 1992 and April 9, 1992 meetings, the Planning Commission passed motions recommending that the City Council approve the two rezoning requests made by the applicant. BACKGROUND: The applicant is requesting that the City rezone Outlot A, Minnesota Valley 5th Addition, and a portion of Polk Street that was recently vacated by the City. (See Exhibit A for existing zoning and the location for these areas. ) Outlot A, Minnesota Valley 5th Addition, is currently zoned R-4 , Multi-family Residential, and is located east of the Shakopee Town Square Mall. The applicant has requested that a portion of the land be rezoned to R-2 (Urban Residential) , and a portion be rezoned to R-3 (Medium Density Residential) . The portion of Polk Street that was recently vacated by the City Council is located between 10th and 12th Avenue and is currently zoned Highway Business (B-i) . The applicant is requesting that the eastern 30 ' of the 60 ' of vacated right-of-way be rezoned from Highway Business (B-1) to Urban Residential (R-2) so that it may be included in the plat of Minnesota Valley 7th Addition. (See Exhibit B for existing zoning and Exhibit C for zoning proposed by the applicant. ) The City Council approved the vacation of this portion of Polk Street contingent upon approval of the final plat for Minnesota Valley 7th Addition and this rezoning request. Concurrent with the rezoning request is the request for preliminary and final plat approval for Minnesota Valley 7th Addition. Both sites were annexed into the City of Shakopee in September of 1975, and were zoned for Rural Residential (R-1) uses until 1979 . In 1979, the majority of the area within the proposed plat for Minnesota Valley 7th Addition was rezoned to the R-2 (Urban Residential) and R-4 (Multi-Family Residential) zoning, as it exists today. The portion of Polk Street between 10th Avenue and 12th Avenue was platted with Valley Mall 1st Addition and rezoned from Rural Residential (R-1) to Highway Business (B-1) in 1979 . However, the street was never constructed. The entire site of the proposed plat is currently vacant. CONSIDERATIONS: 1. The areas proposed for rezoning are portions of the proposed plat for Minnesota Valley 7th Addition. The applications for preliminary and final plat approval will also be considered at the April 21, 1992 , meeting of the City Council. The plat includes unplatted land, Outlot A of Minnesota Valley 5th Addition, and the eastern 30 ' of the 60 ' of recently vacated Polk Street right-of-way. Outlot A, Minnesota Valley 5th Addition, unplatted land southeast of this outlot, and the 30 ' of right-of-way from the vacated portion of Polk Street are the areas being considered for rezoning. 2 . The majority of the area within the proposed plat for Minnesota Valley 7th Addition is currently zoned R-2 , Urban Residential. A small area in the southwestern portion of the plat, is zoned R-4, Multi-Family Residential. The rezoning request by the applicant would result in Lots 1 and 2 , Block 1 of the proposed plat being rezoned from R-4 to R-3 , (Mid- Density Residential) . (See Exhibit C. ) 3 . On the final plat the applicant is proposing to adjust the lot lines in the southwest corner of the plat in order to better follow the existing gasline easement. The resulting lots will be sized for single family development. Due to this change in lot configuration, the R-3 zoning is no longer appropriate. Staff recommends that these lots be rezoned to R-2 rather than R-3 . The applicant is in agreement on this recommendation (See Exhibit D) . 4 . The thin sliver of land south of Lot 1, Block 1 is proposed to be platted as Outlot B in the plat for Minnesota Valley 7th Addition. This outlot had been included as a part of the adjacent lot in the preliminary plat. Outlot B is only 752 square feet in size and must be added to an adjacent lot, rather than be allowed to remain as an unusable parcel. If the developer sells this outlot to the adjacent landowner to the west in Minnesota Valley 5th Addition as he has proposed, this land should be rezoned to R-4 (Multi-family Residential) to conform to the existing zoning for that lot. (See Exhibit D. ) 5 . The vacation of the portion of Polk Street between 10th and 12th Avenue caused ownership of the vacated land to revert back to the adjacent landowner within the plat of Valley Mall 1st Addition. This vacation did not automatically revert half of the right-of-way to the adjacent property owners on both sides of the street. For this reason, the applicant must purchase the eastern 30 ' of right-of-way in order to include it in the plat for Minnesota Valley 7th Addition. 6. The 30 ' of Polk Street right-of-way that is being proposed to be included in the plat for Minnesota Valley 7th Addition is currently zoned B-1, Highway Business. In order to be included in this residential plat, this area must be rezoned from B-i to R-2 . 7 . The draft 1990 Comprehensive Plan has designated this area for Mid-Density Residential development, and Polk Street as a collector street. Since the Comprehensive Plan was drafted, the Shakopee Bypass/169 intersection design has changed to an at-grade design and the role of Polk Street as a collector street is being recommended to be reclassified as a local street. The collector street is now proposed to be located on the west side of the mall. With the relocation of the collector street, the need for Polk Street as a through street is not as critical. Buffering the single family development from the mall can occur through the use of increased landscaping and/or screening. 8 . All City Departments recommend approval of this rezoning request. 9 . Staff has received comments from several area residents. The neighbors tend to prefer single family development for this area. The comments were provided to the City Council for the March 17, 1992 meeting for the vacation of Polk Street request. FINDINGS: Section 11. 04, Subd. 7 of the City Code states that amendments changing the boundaries or regulations of any existing district shall not be issued indiscriminately, but shall be based on findings or criteria including, but not limited, the following criteria: Criteria #1 The original zoning ordinance was in error. Finding #1 The zoning ordinance has not been found to be in error. The intent of the R-2 (Urban Residential) , R-4 (Multi-family Residential) , and B-1 (Highway Business) Districts are clear. Criteria #2 Significant changes in community goals and policies have taken place. Finding #2 Significant changes have occurred in the design of the Shakopee By-pass/Highway 169 interchange. Polk Street will no longer have direct access to the by- pass and its status as a collector street is recommended to be reclassified as a local street. Criteria #3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding #3 Significant changes in development patterns have occurred due to the changes in the transportation system. Criteria #4 The amendment is necessary to implement the Comprehensive Plan' s growth management program. Finding #4 The rezoning map amendment would implement the basic growth management program established in the Comprehensive Plan by relating land use with transportation facilities. Compatibility between the single family residential area and the commercial property can be enhanced with additional landscaping. ALTERNATIVES: 1. Approve the rezoning as recommended by staff (See Exhibit D) . This alternative is acceptable to the applicant. 2 . Approve the rezoning as originally requested (See Exhibit C) . 3 . Deny the rezoning requests. PLANNING COMMISSION RECOMMENDATION: Staff recommends alternative 1. This recommendation follows the Planning Commission recommendation with the changes in the southwest corner of the proposed subdivision plat to reflect the lot configuration changes. All lots in the proposed Minnesota Valley 7th Addition plat would be rezoned to R-2 . ACTION REQUESTED: Offer Ordinance No. 331, A Ordinance of the City of Shakopee Amending the Zoning Map to Rezone the Eastern 30 ' of Vacated Portion of Polk Street from B-1 to R-2 ; Rezone Outlot A, Minnesota Valley 5th Addition From R-4 to R-2; Rezone Unplatted Land Southeast of Outlot A, Minnesota Valley 5th Addition From R-2 to R- 4, and move its adoption. 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Ff 7- , :„-,,,-' ...1----,-.---.7, i.._4,.._..i i__J._. 1 • :f- • y:=R4 r-- = �; • a: r7:7721 • r71-71 MITA . , • : - f -Y- i F •. • --1 • • R 4 , --� r� _ x x • •1 AG AGRICULTURE ;��1 R 1 RURAL RESIDENTIAL ! `i R2 URBAN RESIDENTIAL R3 MID-DENSITY RES. R4 MULTI FAMILY RES. '.. B 1 HIGHWAY BUSINESS • - B2 COMMUNITY BUSINESS -- - �-- B3 CENTRAL BUSINESS 11 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL S SHORELAND PROPOSED REZONING FLOODPLAIN DISTRICT -•-•• MANDATORY PUD RTD RACETRACK DISTRICT , Zoning Map City of SHAKOPEE ORDINANCE NO. 331, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP TO: (1) REZONE THE EASTERN 30' OF VACATED PORTION OF POLK STREET FROM B-1 TO R-2; (2) REZONE OUTLOT A, MINNESOTA VALLEY 5TH ADDITION FROM R-4 TO R-2; AND (3) REZONE UNPLATTED LAND SOUTHEAST OF OUTLOT A, MINNESOTA VALLEY 5TH ADDITION FROM R-2 TO R-4. WHEREAS, on March 16, 1992 , Randy Laurent of Laurent Builders, Inc. submitted an application requesting rezoning from B-1 (Highway Business) to R-2 (Urban Residential) of land owned by them described as the eastern 30 ' of the vacated Polk Street, legal description attached as Attachment 1; and WHEREAS, on February 10, 1992 , Randy Laurent of Laurent Builders, Inc. submitted an application requesting rezoning from R-4 (Multi-family Residential) to R-2 (Urban Residential) of land owned by them described as Outlot A, Minnesota Valley 5th Addition; and WHEREAS, on February 10, 1992 , Randy Laurent of Laurent Builders, Inc. submitted an application requesting rezoning from R-2 (Urban Residential) to R-4 (Multi-family Residential) of land owned by them described as unplatted land southeast of Outlot A, Minnesota Valley 5th Addition, legal description attached as Attachment 2; and WHEREAS, public hearings were scheduled for March 5, 1992 , and April 9, 1992 , and notices duly sent and posted, and all persons appearing at the hearing were given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed this request at their public hearings on March 5, 1992 , and April 9 , 1992 , and voted to recommend approval of the rezoning requests to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11. 21 is hereby amended by rezoning the eastern 30 ' of the vacated portion of Polk Street between 10th Avenue and 12th Avenue (legal description attached as Attachment 1) from B-1 (Highway Business) to R-2 (Urban Residential) . Section 2 - That the zoning map adopted by reference in City Code Sec. 11. 21 is hereby amended by rezoning Outlot A, Minnesota Valley 5th Addition from R-4 to R-2 . Section 3 - That the zoning map adopted by reference in City Code Sec. 11. 21 is hereby amended by rezoning the unplatted land southeast of Outlot A, Minnesota Valley 5th Addition (legal description attached as Attachment 2) from R-2 (Urban Residential) to R-4 (Multi-family Residential) . Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1992 . ATTACHMENT 1 9727 F. 91 (4-i ikNF1� , ELD & NOWAK, INC ;? SURVEYORS f-•• --"�' 74 IS WA'f7ATA 6OUl£VAA0 � ' MINNEA►OL15, MINNESOTA 55426 / ESSI�t. Phenc:(Ot2}552:3337 FAX. (612)545,3859 PROPOSED LEGAL DESCRIPTION FOR: LAURENT BUILDERS March 30, 1992 That part of vacated Polk Street and that part of the vacated Public Highway dedicated on the plat of Valley Mall 1st Addition, according to the recorded plat on file and of record in the office of the Recorder of Titles in and for Scott County, Minnesota described as follows: Beginning at the northeast corner of said Valley Mall 1st Addition; thence South 01 degrees 04 minutes 43 seconds East along the east line thereof a distance of 1080. 91 feet to the southeasterly line of said Valley Mall 1st Addition; thence South 38 degrees 30 minutes 05 seconds West along said southeasterly line a distance of 47 . 08 feet to the intersection with a line parallel with and 30 . 00 feet west of, as measured at right angles to the east line of said Valley Mall 1st Addition; thence North 01 degrees 04 minutes 43 seconds West along said parallel line a distance of 1099 . 56 feet to the northwesterly line of said Valley Mall 1st 'Addition; thence North 58 degrees 27 minutes 38 seconds East along said northwesterly line a distance of 34 . 80 feet to the point of beginning. ATTACHMENT 2 LEGAL DESCRIPTION FOR UNPLATTED LAND SOUTHEAST OF OUTLOT A, MINNESOTA VALLEY5TH ADDITION Beginning at the southeast corner of Outlot A of Minnesota Valley 5th Addition, then easterly along the south line extended a distance of 45.07 feet, then southerly a distance of 200 feet to the centerline of 12th Avenue, then westerly a distance of 30 feet then northerly a distance of 40 feet, then northwesterly a distance of 160.51 feet along a curve with a radius of 1160 degrees to the point of beginning. IliMEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Letter from Laurent Builders on Preliminary and Final Plat Minnesota Valley 7th Addition DATE: April 16, 1992 INTRODUCTION AND BACKGROUND: Staff received the attached letter from Laurent Builders after the City Council memo was prepared. The letter addresses two concerns raised by the developer as follows: 1. Recommended improvements to 11th Avenue between Tyler Street and the proposed subdivision. 2 . Proposed pedestrian path between Lots 11 and 12 of Block 1. Please add this letter in your review of the staff memo. Thank you. The Laurent Building LA U R E N T Corporate Office 128 South Fuller Street, Shakopee, MN 55379BUILDERS, _►I N c. (612)445-6745 April 14, 1992 i 6 1992City of Shakopee • 129 East First Avenue Shakopee, MN 55379 ATTN: Lindberg Ekola RE: Minnesota Valley 7th Addition Dear Lindberg, There are two items which I wish to address regarding the staff recommended approval conditions for the above referenced plat. The first has to do with 11th Avenue between Tyler Street and the proposed development. The staff report indicates the developer shall be responsible for the reconstruction of this section of street, • "including the installation of all utilities." For clarification, the only utility which we are intending to instill is water; which we agree to pay for. We also agree to install storm sewer per the City's Engineer's design, as part of our construction contract, with the costs for this being reimbursed by the City; as is stated in the staff report. We would also agree to include street reconstruction in our construction contract and pay 25% of the costs; with the City reimbursing us for the other 75%. In essence, we are agreeing to pick up that portion normally assessed the property owners outside our development. Though we are cautious about breaking the normal practice of developers not paying for improvements outside of their development, we are agreeing to paying 25% to move the project along in a timely fashion. The 75% share of the City is the same as it would normally pay for reconstruction. Also digging up this section of street is done in part to accomodate the City's desire to install storm sewer to correct an existing problem. The second item I wish to address pertains to the proposed walkway path between Lots 11 and 12, Block 1. Though we originally proposed this walkway, after hearing Planning Commission discussion and staff comments, we question its merits. In the absence of a pedestrian walkway policy/ plan it's difficult to reach a conclusion as to whether this would conform 1 BUILDERS • DEVELOPERS The Laurent Building LAURENT Corporate Office 128 South Fuller Street. Shakopee, MN 55379 B U I L D E R S, ��N C. (612) 445-6745 City of Shakopee April 14, 1992 Page 2 to the overall goal of the City. Our position is one of conforming to the desire of the City regarding this issue. The City needs to decide if it wants this path or not. Should the City decide it wants the path, we would agree to install it as part of our construction contract; but would ask that costs of installation be credited against park dedication fees. This path would be intended to benefit the public and infact would benefit property owners outside of the proposed development to a greater extent that those within. The credit against park dedication fees for pathways would also be in keeping with past practice. Thank you for your consideration of these items. Sincerely, LAURENT BUILDERS, INC. Randy R. Laurent Vice President RRL;kp BUILDERS • DEVELOPERS moi%/ MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Preliminary and Final Plat for Minnesota Valley 7th Addition DATE: April 10, 1992 INTRODUCTION: Mr. Randy Laurent of Laurent Builders, Inc. , has submitted applications for preliminary and final plat approval for Minnesota Valley 7th Addition. The proposed subdivision is located east of the Shakopee Town Square Mall and north of 12th Avenue. The plat covers 8 . 11 acres, and consists of 27 lots. It includes unplatted land, Outlot A of Minnesota Valley 5th Addition, and a portion of the Polk Street right-of-way, which was vacated by the City Council at their meeting on March 17, 1992 . BACKGROUND: The majority of the area is zoned R-2 , Urban Residential. However, a small area of land in the southern portion of the plat is currently zoned R-4 , Multi-Family Residential. (See Exhibit A. ) The applicant is requesting that the City Council rezone this R-4 property to R-2 and R-3 . The Planning Commission recommended the rezoning of this property to the City Council at their March 5, 1992 , meeting. A request to rezone a portion of the vacated Polk Street from B-1 to R-2 is also being requested with the preliminary and final plat. A recommendation to approve this rezoning was made at the April 9 , 1992 , meeting of the Planning Commission. All four requests (preliminary and final plat, rezoning from R-4 to R-2 and R-3 , and rezoning of Polk Street from B-1 to R-2) will be reviewed at the April 21, 1992, City Council meeting. CONSIDERATIONS: 1. The final plat is in substantial conformance with the preliminary plat. The same number of lots are proposed in the final plat as are proposed in the preliminary plat. 2 . The applicant has adjusted a few lot lines in order to better follow existing easements within the boundaries of the proposed subdivision. The larger R-3 lot, west of Polk Street in the southwest corner of the plat, has been divided into two lots, due to the gasline easement. On the east side of Polk Street, the number of lots within Block 2 have been reduced from thirteen, as shown in the preliminary plat, to twelve, and the lot line between Lots 3 and 4 has been adjusted to follow a gas line within a sixty foot easement. 3 . The applicant applied for the rezoning of the larger parcel in the southwest corner from R-4 to R-3 . Due to the change in the lot configuration, staff would recommend that this area be rezoned to R-2 instead. This item will be discussed in the memo for the applicant' s rezoning proposal. As shown on the final plat, twenty-two of the lots within the subdivision meet the dimension and area requirements for single family development and five of the lots meet the requirements for development with two family dwellings. 4 . A thin sliver of land south of Lot 1 Block 1 is proposed to be platted as Outlot B. Outlot B is only 752 square feet in area. This outlot must be added to an adjacent lot, rather than be allowed to remain as an unusable parcel. The Subdivision Regulations do not allow undersized remnant parcels. Staff is recommending a condition that requires the developer to include it with Lot 1, Block 1, prior to final plat approval. The developer will provide the City Council with an update on the status of this parcel at the Council meeting. A revised final plat drawing must be submitted which eliminates Outlot B. 5. An area of 11th Avenue west of Tyler Street does not currently have curb and gutter, and the pavement has deteriorated. The City Engineer is recommending that the developer reconstruct this half block, including the installation of all utilities. The developer will be required install catch basins by 11th Avenue at the northwestern edge of the proposed plat, and by 12th Avenue at the southern edge of the proposed plat. These catch basins will divert stormwater from the development into the adjacent storm sewer system. Stormwater runoff from this development will not contribute to the existing drainage problems that currently exist in this area of the City. 6. The majority of the site is vacant land. There are numerous trees along the western edge of the plat which buffer the residential area from the mall. The applicant must submit a landscaping plan, prior to final plat approval, to retain and enhance the buffer between the proposed residential development and the commercial and church properties. 7 . Access to the Shakopee Town Square Mall from the east on 12th Avenue has problems with traffic safety and aesthetics. The single family residential neighborhood adjacent to the commercially developed area has an impact on, and is a benefit to, area residents and tenants of the mall. Vehicular access to the mall from 12th Avenue may need to be closed in the future to move traffic toward the collector streets. Pedestrian circulation should remain open to the mall in the northern portion of the proposed subdivision, as it can help reduce the number of automobile trips. The developer will install an 8 foot wide path within a 16 ' pedestrian access easement between Lots 10 and 11 in Block 1. The four foot wide easement on each side of the path must be landscaped by the developer to provide screening for the adjacent homeowners. The design of the pedestrian path and landscaping must be provided on the landscape plan. The developer will be required to record a separate pedestrian access easement. 8 . The portion of Polk Street that was recently vacated by the City Council was platted with Valley Mall 1st Addition in 1979 . State law provides that vacated right-of-way be returned to the parcel from which it was dedicated. Thirty feet of the sixty foot right-of-way for Polk Street is included in the proposed plat for Minnesota Valley 7th Addition. The area vacated by the City must be purchased by the applicant from the mall property owner to be included in this proposed plat. The applicant will need to verify the acquisition of this property in the title opinion process. The applicant must show on the revised final plat the vacated portion of Polk Street as a part of the Lots 2 through 13 within Block 1. The solid line identifying the former Polk Street right-of-way should be dashed or eliminated, as per the requirements of the County Recorder. The portion of Polk Street and the unplatted strip of land which extends from 10th Avenue south approximately 350 feet to the south end of the Baptist Church property must be dedicated to the City as right-of-way. With the construction of the Highway 169/Highway 300 (10th Avenue) intersections, the existing driveway to the mall from 10th Avenue may need to be relocated to this street. Consolidating traffic from the mall and the church onto this segment of Polk Street could improve traffic safety in this area. The area proposed as Outlot A on the final plat must be labelled on a revised final plat as Polk Street right-of-way and dedicated to the City. 9 . The sanitary sewer line that crosses the northern portion of the plat will no longer be necessary and will be abandoned. The buried electric line will be relocated within a perimeter drainage and utility easement. 10. Final construction plans have been submitted to the City Engineer. 11. The City' s Building Official has commented that the applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer. 12 . Since there are no wetlands affected within this plat, the City of Shakopee will be issuing a Certificate of Exemption from the Wetlands Conservation Act of 1991 to the property owner. 13 . Since the area is not identified as a future park site in the City' s draft Comprehensive Plan, Staff is recommending that a park dedication fee be collected in lieu of park land. Using the assessed value from the Scott County Assessor ' s Office, the park dedication requirement would calculate to be $104 . 95 per lot. PLANNING COMMISSION RECOMMENDATION: The Planning Commission is recommending approval of the final plat of Minnesota Valley 7th Addition, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer' s Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the SPUC Manager. b. Water system to be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. c. Electric system shall be installed in accordance with the requirements of the SPUC Manager. d. Storm sewer system shall be installed in accordance with the requirements of the City Engineer. e. Sanitary sewer system shall be installed in accordance with the requirements of the City Engineer. f. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. g. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250 . 00 each per sign pole. h. Cash payment in lieu of park dedication shall be paid prior to the recording of the final plat. 3 . Outlot B (752 square feet in size) must be added to Lot 1, Block 1, rather than be allowed to remain as an unusable parcel, prior to the final plat approval. 4 . The developer shall be responsible for the reconstruction of that portion of 11th Avenue between Tyler Street and the proposed development, including the installation of all utilities. Storm sewers shall be installed to 11th Avenue and Tyler Street by the developer and costs will be reimbursed by the City. 5. The applicant must submit a landscaping plan to retain and enhance a buffer between the proposed residential development and the commercial and church properties prior to final plat approval. 6. The developer shall execute and record a sixteen foot wide pedestrian access easement between Lots 11 and 12 , Block 1, and install an eight foot wide bituminous path within this easement. The four foot wide easement on each of the sides of this path shall be landscaped by the developer to provide screening for the adjacent homeowners. 7 . The thirty feet of the sixty foot right-of-way for Polk Street that is included in the proposed plat for Minnesota Valley 7th Addition will be vacated upon receipt of the executed plat. This portion of the right-of-way must be purchased by the developer. Documentation of this purchase must be provided to the City prior to the recording of the final plat and documented in the title opinion. 8 . The applicant shall submit a revised final plat to show the vacated portion of Polk Street as a part of the Lots 2 through 13 within Block 1; rename Outlot A as Polk Street and dedicate it to the City as right-of-way; clarify the status of Outlot B and identify the document numbers for the existing easements within the plat. 9 . No building permits will be issued for Lot 11, Block 1, until the buried electric line that crosses it is relocated within a drainage and utility easement. 10. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 11. Approval of the final plat is contingent upon the applicant receiving a Certificate of Exemption for the Wetlands Conservation Act of 1991 from the City of Shakopee. 12 . An erosion control Plan and report which addresses construction site erosion and turf re-establishment shall be submitted and approved by the City Engineer prior to the issuance of a building permit for the site. ACTION REQUESTED: Offer and pass a motion approving the preliminary plat for Minnesota Valley 7th Addition, subject to conditions. Offer Resolution No. 3571, A Resolution Approving the Final Plat of Minnesota Valley 7th Addition, subject to conditions, and move its adoption. . . . EXHIBIT A . -- .:.: -: - - 0,- 1 - ------- ----7-------o- 7-- ______.........„ , , • , zi ,,!..015"- ; :1„;.,•i ---- : / • . /./ i rk ‘.. ‘• ....-1 i.:•';';--1 ,.... _,,,...‘ ,.....„ 7,- - • . , , • '..• ' _de'\ / / • ,„....ii.-4 .—.1,...,.1 ..f.; 1 I ...."4-_,„, : ,.„':- i..‘.. . • ,,, -; i ,-.C.0:-..- 1/". /./ V.,....),V ' _..0•71 r---r-,--1 '•;.-- I .7 i• 1 ./..:-.." .../6,:,•'," e.../ ,.<41;.*7 ' r-irul I-71 taviiiik rrvi:, 1 1 • -..- --,c,-,..- . , ,- .-..,, ,e-r1 n:-1 1-77-. , , . / .,•„- -. -;-.' : '1'• ,.•"*.•."./:: •',.,.,"e 7 ;t.-: ,, / ,•,..' s"•..-...-r"-.,---e,'-,;'1''•;-:(.--"..-•'-' . _,--'!'•s-.._.\.-_=•-.%.-.....,r1_.,..._-...L_.--_1._...-.1,1.r.--__4--__---i,..-.-7r—_7-1_:*'1,, r'7'rr•;-7-_•4-_'1--•:47_ _' , ---- II'i.U ... : !--------I !--- !----i t----1 i.---;. •../i.s ..-- / i•-• • • 1 I. _____.. ____ ..._.. .... . ,- 1 !-----• --! r-—-: 7—---; r-----I 4. 7 •-7., •`. • 7 r : :: : •, i .• • -. •-. !-7- ;-•7-1 7 --'-'t t---'-1 i—-;.-s; i......3;..-.; A.,Z."•//:.:!:.t; : 11 ..• ..1 ___ ,.._..., ,..., 1.4 t....... , r- • .,, 7--. / / : ./. .,' ... i•.:,. ___.1 (......--1 ..-- ---; .---.....; t.-- 1 ,.,, N • , . t •:...*.•'.;'...:::::i._1 i...-4.--4 L__..._-1 i---. 4 h.-,1 :1 EL= , 7• ! i i -... ••••••••••••••7 • 7 '• 7. t 1=/&...... 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'•••.......':•.*:..-..• r ---1 , , ..i.i _...;_._4: . __.iil ,___,_* I,...• / .'.• ::•:::::ff;`i ;7!";•••E --"it 111T- -7-. :k j--....at ;-- :-.Z.; i-- Id ; •-; /, / , r.•::::.:.::,..:4-4- t---1-14 i----P---.1 . 1 1.--.--E..,i , 6,..z, ; 7 , I; r;i i ;.- al.:,:x! v •••••:•:•:•3-1...A t---t--.R4 I----:-ii t---;•- --.1 x r"-: v 1.____"--7 -1. 1 171 , , 44.,".,.. ,, :::::::::::t_t-z __ • k, 1._____A L--1- ....---r- : 7--•!..• , 1 ;- F -..., r-- - 4*•b\". .. i,43$.; 131, ....,:::::::::::::::—. , — I • - , , ,---i ——7—' 1--i"` ''''-1":1 —I .___.6....: ,.--4 A.7-s C' 2 s'%., :f•' ! •' '......•••• -1 71., , 1 • • ... i ,.. int : N• -- . z. ,:. '‘. // •-• 1, t.....-, 1 - .‘44'... .,• : • . : I . ; ,,t . :.• , ; • ; .: a, , _1 ; . : . . i:•z r..1 ;,..1:1-.•; : - . - • , ,‘ • ,, / / . / 4..r. .,, ; ; • ,... ........... •-, ; ...... ; ' .„; - r • ;---4 .---, .......1.1...... .......•"1..,• i .r•• . I l .. : : • • ; : • r......."` _ t \„" .• .' , t N. i-...,„1/4 ..,.7....i . .. i ,........,-... ...-!.... is.........,,,,,,,. . ••• •• 1 - i I 1•771 i '........! 7.....—• ' . • ' ' ; •7. LT..s, ‘• , ,__.: .., , / 1 .,, • ; SC', 7 i •7•7771 .""•-sro'ip,../ "s i7, 1 •••.•71 • . ;..-. (Th 1 • 1 t-...t L_..--- r—•,..j...1 L....... ,, ---......z....4... . /c/4,01.„.., i,- , . i N i 1 . cxeri I, !--, ••4---1 r---E 4,,e \14 n'•';',41 t'''.'"Its,1 / / N Li:is , --1. t----i i • •-..:On ,s_ 4 / ; -'rei........7,•:-......., • \ , isr-.-----1 1 "---i H-: geri I , . ....1 "••••,._ • — z---, :•••7•-••• . . 7• . • — , 1 4.1; `e •3 •."', 1 I', A r-77±4-,1 ',..1------41---0-----. 1---,-7,-,4----i 1 ' ' '1.----\?, R—rizz .5 .......'t ;.--.:,---4 -43/'• r\--" t- 1 ri\ Ice i ca; a. 1 t _,-t-;:-Z . ...-- -; i--4- 4 F '----7..- ! it:I Z ; I! `[..--.c ..**f I Si ; ....II \-"--" "'V . '.;...! • • ; i .. •C, •;;-41';-; ° .i ... .,2_3,. ; .•,......_....E...!„ 4., . a, j ... ............J ...---J • . l .----''.--- ...-- . ...--.----- '• R 1 \ t --7-= ''....7.•••7;7-77.7.?"7-"'"..-',v•f- -,to .1 t ; .. ; ----L----1 ., ,4-zr,...-i,,i ;• . ,-. ,c; , • •-, -- . AG AGRICULTURE i 1 I % R1 RURAL RESIDENTIAL . I t, i11,1•1! X, R2 URBAN RESIDENTIAL ..., t .6 41. R3 MID-DENSITY RES. i 1 R4 MULTI FAMILY RES. , • , 1 -.. B1 HIGHWAY BUSINESS , ,_ B2 COMMUNITY BUSINESS _______ -- ._____ ________-___•-..-- B3 CENTRAL BUSINESS il 11 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL S SHORELAND - FLOODPLAIN DISTRICT --:•:•:•:•:•: :::::::::::: Proposed MN Valley 7th Addition ---- MANDATORY PUD RTD RACETRACK DISTRICT Zoning Map City of SHAKOPEE RESOLUTION NO. 3571 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT OF MINNESOTA VALLEY 7TH ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Minnesota Valley 7th Addition on April 9, 1992 , and has recommended its adoption; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of Minnesota Valley 7th Addition, described on Exhibit A attached hereto and incorporated herein is hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer' s Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the SPUC Manager. b. Water system to be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. c. Electric system shall be installed in accordance with the requirements of the SPUC Manager. d. Storm sewer system shall be installed in accordance with the requirements of the City Engineer. e. Sanitary sewer system shall be installed in accordance with the requirements of the City Engineer. f. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. g. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. h. Cash payment in lieu of park dedication shall be paid prior to the recording of the final plat. 3 . Outlot B (752 square feet in size) must be added to Lot 1, Block 1, rather than be allowed to remain as an unusable parcel, prior to the final plat approval. 4 . The developer shall be responsible for the reconstruction of that portion of 11th Avenue between Tyler Street and the ^� proposed development, including the installation of all utilities. Storm sewers shall be installed to 11th Avenue and Tyler Street by the developer and costs will be reimbursed by the City. 5. The applicant must submit a landscaping plan to retain and enhance a buffer between the proposed residential development and the commercial and church properties prior to final plat approval. 6. The developer shall execute and record a sixteen foot wide pedestrian access easement between Lots 11 and 12 , Block 1, and install an eight foot wide bituminous path within this easement. The four foot wide easement on each of the sides of this path shall be landscaped by the developer to provide screening for the adjacent homeowners. 7 . The thirty feet of the sixty foot right-of-way for Polk Street that is included in the proposed plat for Minnesota Valley 7th Addition will be vacated upon receipt of the executed plat. This portion of the right-of-way must be purchased by the developer. Documentation of this purchase must be provided to the City prior to the recording of the final plat and documented in the title opinion. 8 . The applicant shall submit a revised final plat to show the vacated portion of Polk Street as a part of the Lots 2 through 13 within Block 1; rename Outlot A as Polk Street and dedicate it to the City as right-of-way; clarify the status of Outlot B and identify the document numbers for the existing easements within the plat. 9 . No building permits will be issued for Lot 11, Block 1, until the buried electric line that crosses it is relocated within a drainage and utility easement. 10. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 11. Approval of the final plat is contingent upon the applicant receiving a Certificate of Exemption for the Wetlands Conservation Act of 1991 from the City of Shakopee. 12 . An erosion control Plan and report which addresses construction site erosion and turf re-establishment shall be submitted and approved by the City Engineer prior to the issuance of a building permit for the site. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer' s Agreement. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney AFFIDAVIT STATE OF MINNESOTA ) ) ss. OFFICE OF CITY CLERK COUNTY OF SCOTT ) I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that I have compared the attached copy of Resolution No. 3571 with the original record thereof preserved in my office, and have found the same to be a correct and true copy. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at City of Shakopee, Minnesota, in the County of Scott on the day of , 19 . Judith S. Cox, City Clerk Prepared by: THE CITY OF SHAKOPEE 129 East First Avenue Shakopee, MN 55379 EXHIBIT A Outlot A, Minnesota Valley 5th Addition, according to the recorded plat on file and of record in the Office of the County Recorder in and for Scott County, Minnesota . -AND- That part of the SE4 of the NWa and Government Lot 2 all in Section 11, Township 115 , North Range 23 West, Scott County, Minnesota described as follows : Commencing at the intersection of the Southerly right of way line of Legislative Road No. 300 and the North East corner of Valley Mall First Addition, thence South along the East line of said Valley Mall First Addition to the northern point of Minnesota Valley 5th Addition , thence Southerly along the East boundary line of said Minnesota Valley 5th Addition to the point of its intersection • with the west line of Minnesota Valley 1st Addition thence North 88 degrees 55 minutes 17 seconds E assumed bearing along a north line of said Minnesota Valley 1st Additiona distance of 195 . 00 feet, thence North 1 degree 04 minutes 43 seconds West assumed bearing along a west line of said Minnesota Valley 1st Addition a distance of 195 .02 feet and continuing N 1 degree 04 minutes 43 seconds W along the East line of the E1/2 of the NW; of Section 11 TWP 115, Range 23 W to the point of intersection with the Southerly right of way line of Legislative Raod 300, thence Southwesterly along said right of way line to the point of beginning. Except the following described parcel: That part of the Southeast Quarter of the Northwest Quarter and Government Lot 2, both in Section 11 , Township 115, Range 23, Scott County, Minnesota , described as follows : Beginning at the intersection of the Southerly right of way line of Legislative Road No. 300 and the East line of said Southeast Quarter of the Northwest Quarter ; thence South 01 degree 04 minutes 43 seconds East a distance of 482 . 00 feet; thence South 88 degrees 55 minutes 17 seconds West a distance of 270 .00 feet; thence North 01 degree 04 minutes 43 seconds West to the intersection of the Southerly right of way line of Legislative Road No. 300; thence Northeasterly following the Southerly right of way line of Legislative Road No . 300 to the point of beginning . • (..i..1f.s . 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Z.'', / -C1 / -a vi Dr- Or- I U) " :0; 0.,.. .P.,.. r.,-,7--... 79 • .4.` --......... A., 4%. 4' 4 JI.S..:, L. / :-'n1-1 ---- r-1° Al c 1 0 ....\:„?4. ' / (9 "4 I 4:k• .\.,.. f-Al cn • :/ ,, I 44. , 3 •-iii.•,. rri Ill ,(:T, ......:4i, \/ 60 Y, in P e-i.i-- a. •-•i 44, , cy u) cn .....f.......,.,,,,, " c,v • Iv CL/ MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Lift Station Policy Issue DATE: April 15, 1992 INTRODUCTION: At the April 9 , 1992 meeting, the Planning Commission passed a motion to table their decision on the preliminary and final plat for South Parkview 2nd Addition, so that a policy decision could be made by the City Council on a proposed lift station. BACKGROUND: Attachment #1 illustrates the existing sanitary sewer lines in the urban area of Shakopee. The South Parkview subdivision, the VIP interceptor, and the ridge line which separates flows to the north and to the east, are also shown on Attachment #1. The northern one-third of the South Parkview subdivision slopes to the north. This area is served by existing sewer lines which flow to the north into the River Interceptor. The lots which were final platted in South Parkview 1st Addition are located in the northern one-third of the subdivision. The southern two-thirds of the South Parkview subdivision slopes to the east and to the south. To serve these proposed lots with gravity sewer, a one mile extension of the VIP interceptor from the east would be required. The VIP interceptor has been constructed from east to west as development occurs and is currently providing service to the Meadows subdivision (up to CR 79) . The current plat being considered by the Planning Commission was submitted by Mr. Clete Link. Mr. Link submitted the original preliminary plat for South Parkview Addition and received preliminary approval in 1984 . In 1985, he final platted all the rights-of-way within the subdivision plat and the northern one- third of the lots as South Parkview 1st Addition. (See Attachment #2 . ) When the preliminary and final plats were approved (1984 and 1985) the conditions of approval did not clearly address whether a lift station could be constructed on either a temporary or permanent basis. The preliminary plat staff report (dated August 9 , 1984) stated in the Considerations paragraph: "The City Engineer indicates that the original capacity in Jackson View Addition sanitary sewer system still exists for 33 lots south of 12th Avenue, therefore the City is under no obligation to participate in any cost related to lift station construction. The developer should understand that present policy requires that the development pay all the additional costs attributed to the lift station. Any modification to this policy must be approved by City Council. " The considerations in the resolution for the preliminary plat provided the standard requirements for construction of sewer facilities only. The final plat resolution required the following: "When Outlots A, B, C, and D are replatted the developer must determine what portion of the lift station is attributed to other development. " In review of the Planning Commission and City Council minutes, no discussion was made to resolve the time frame of the lift station. It was noted at the August 21, 1984, City Council meeting that the area was to be serviced eventually by gravity service. City staff ' s position is that public lift stations should not be allowed unless it is physically impossible to serve an area by gravity sewers. The reason for this is that over the long term, lift stations can be a very expensive maintenance item. Especially when the pumps start reaching their service life. For the short term, lift stations are not too expensive to maintain. Currently, the City has no lift stations to maintain. But in the past, if a developer desired to utilize a lift station on a temporary basis until such time as gravity sewer was available, the City has allowed it with the understanding that the lift station would be privately owned and maintained and also that the lift station would be eliminated once sewer became available. The developers would also have to agree to be assessed for the future gravity sewer. An example of this is the lift station agreement executed with the Canterbury Hotel. The City has planned for all of the area north of the TH 101 bypass, south of the ridge line, to drain into the VIP Interceptor (See attachment 3) . The VIP has been designed accordingly, as for the size and depth of the pipe. DISCUSSION: The developer is requesting that a lift station be allowed to be constructed, at his expense, with the City taking the responsibility for the operation and maintenance of the lift station. He is also requesting to not have to pay for the future costs of a VIP interceptor, as it is extended west through his property, since his subdivision would be served by the lift station and existing sewer lines to the north. Mr. Link has already been assessed for that part of the VIP already constructed. His assessment for the part already built is about $4 , 300. This has been deferred until development ties into the VIP, but the assessment has still been levied against his property and adopted by Council. To extend the VIP from CR 79 to CR 15, it is estimated that the applicant's share of the assessment will be about $3 , 345 (using $250 per acre) . This is considered a zonal interceptor assessment and is applied to the entire drainage basin. Once the interceptor is extended west of CR 15, Mr. Link will also receive a direct trunk assessment, which is estimated at $6, 700 ($500/acre) . Since the current City practice is to require that developers be responsible for the construction and maintenance of lift stations, staff cannot recommend approval of the plat, unless the developer would agree to the conditions listed below: 1. The proposed lift station should be considered as temporary and should be eliminated once the VIP Interceptor is constructed. The City could agree to maintain the lift station during the temporary status, but the developer must construct it and be responsible for the first year of operation. 2 . The developer must agree to abandon the lift station in the future and waive his right to appeal any assessments for the future interceptor. Staff anticipates that the area north of the bypass and south of the ridge line will be built out by 1996 or 1997 . The VIP interceptor will need to be extended to serve this area as it develops. A portion of this area will need to be annexed from Jackson Township, prior to development occurring. The applicant' s property is one of many parcels which are dependent on the extension of the VIP Interceptor for gravity sewer service. There may be undeveloped parcels upstream of the applicant' s property in which providing lift stations for sewer service may be too costly. The VIP Interceptor would provide reliable long term service to all properties in a fair and equitable manner. Removing one or more developments from this system will result in higher costs for others, including those properties already assessed for the existing VIP interceptor. . ALTERNATIVES: 1. Maintain the current city practice, which would require the developer to construct and maintain the lift station on a temporary basis. When the VIP interceptor is extended to the west, the developer would be required to connect with the interceptor and pay for the appropriate costs. 2 . In a similar alternative to #1, the City could, after one year time frame of operation, take over the maintenance of the lift station on a temporary basis until the VIP is extended to the west. 3 . Allow the developer to construct the lift station as a permanent facility and release him from obligations to pay for the VIP interceptor. The City in this alternative would be responsible for maintenance and operation costs. 4. Allow the developer to construct the lift station as a permanent facility, with no obligations for the VIP interceptor but require the developer to be responsible for all construction, maintenance and operation costs. 5. Initiate a feasibility study which would extend the VIP interceptor through the area and assess all property owners for the construction of this facility. RECOMMENDATION: Staff recommends alternative #1 or #2 . ACTION REQUESTED: Offer and pass a motion which would require the developer to construct the lift station as a temporary facility and require him to pay for future costs of connecting with the VIP interceptor. Direct staff to draft a formal policy on lift stations in coordination with the action taken on this item. A1'ritcHMEA4T I • •...•.. :%•• $ -.-....• I '.." •%:., •,./. ,% .....,,, ....-- .% _.•••-'''.. : '':••-••• --:.-....__. ..--- INI R - . • • . ...-- . ...- ..."- .. ••• .... .--- `... ___ ....-____)"....„/ \ 1, ,...,...0 •, 1 i ! 1, . i \ I \ \ , ;•--1 .. , s---_.-------::,- ; V(P , ...._ , .-.-;..----„• . ; 7:,- ...,.:•?..----7.... ! ..,. ...„._„......,...../.; i , i -..... „....._ ../ , _,.. - -• ..• ,'• :::.,„.".... ,- : '/ MI . • / \ ..,....,„,. .,:-.,. .,-•,- • 4:7 ..,,,; „..--.:- ott-- ..------ -7-- ,/'," 7,1":`:.„. ,,,, •-.;•, t.i..1 ,......, ,...., ....0.4......;;,./ li - ../. /-',;.- • -";... ... . . S ...J • i• i --.`. 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'h` •J --o‘ 'W.. . y 0 t3 0L-,-.9 siN'l, h•• „:3 + 1 ] j LI '.::: i 11 \______ t 3 0 r.-E-(0`-'w'Md) 014iffar."010- 1 I ..1_ ..‘. 3 p o KR A I% 7 71-'' pirlAria- ;••':N.,;::kS;721131',-tra#E. - r - S�`i !It' rt �i O ill 1,‘„, 4 . 1 1 1Y I I:! l l 1 I-t-d_J_.L..1 V INF -y•,t• z I ro �itzw x.=,0� II :,..t,.,:i,ft,i4:,.,,,,,,,,,,,:-.:, J e '91'P"".IJ liritilin I.-; _ i.I lir : w �� ,\ , I 1 t 40 :x .~ >.a1 fl MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney�' DATE: April 15, 1992 RE: Interest on Mini By-Pass Condemnation As you know, last autumn MNDot condemned certain City and HRA property for the mini by-pass. MNDot and the HRA agreed on a price of $53 , 400 for the HRA parcel, and the taking date was set for October 31, 1991. The City should have received its money then. The City Finance Director recently noticed that the money was not recorded in his receipts, and asked me to check with MNDot to see if they have a record of the check. They initially thought they did, but upon further checking determined that they failed to send us the money. We have received our money now. The five month delay is of concern, and we have asked MNDot for interest. They have offered to pay interest at the statutory rate, which unfortunately applies here. The statutory rate of interest was 7% per annum for 1991, and is 5% for 1992 . We are looking at receiving approximately $1290. Unless you see some reason to object, I will write MNDot next Wednesday and ask them to forward the interest payment to us, calculated at the statutory rate. ACTION REQUESTED: Offer a motion to authorize the City Attorney to contact the Minnesota Department of Transportation and ask them to forward the interest payment at the statutory rate of interest, and move its adoption. / (1 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director Barry Stock, Ass't City Administrator RE: SAC Credits DATE: April 15, 1992 Introduction MWCC has revamped the Sewer Availability Charge (SAC) system in the area of credits for demolition or reduction of demand. Staff is seeking Council guidance for the treatment of SAC credits. Background MWCC has revamped and tightened up the handling of credits in the SAC system. Cities have treated credits in various ways and the result has been a potential large scale problem for MWCC in terms of managing the capacity for the sewer system and the financial impact of credits. Cities now have to identify and account for all credits. Staff has researched and is finalizing the list of credits on hand for Shakopee. MWCC will not refund cash to the City for credits. A couple examples at this point may best explain the situation; I. A house in the urban part of Shakopee is connected to the sewer system and has either paid a sac charge to connect to the system or is a pre-1973 house that is grand-fathered into the capacity of the sewer system. A house is one sac unit and the current rate is $700.00 per sac unit. We are talking about the capacity of the sewer system, not the usage or the daily/monthly flow in the system. Assume that this house is demolished, resulting in that vacant site not being connected to the sewer system. There is now a sac credit pending. It is pending until a new use for the site is established. A) . A new house is built on the site and the pending credit is applied to the new use of the site. No payment is made to MWCC for the sac charge for the new house. 1) The city can either collect a sac charge from the developer of the new house and keep $700.00 for sewer improvements or 2) "apply the credit" and not collect $700.00 from the developer. B) . A paved parking lot is installed on the site. There is no sac charge for the parking lot and the pending sac credit is now available for the city to use. 1) The city can either keep the credit resulting in having $700.00 for sewer improvements or 2) attempt to refund the credit amount to the owner or 3) hold the credit for a subsequent future change in use of that site. II. A commercial building with a sac value of seven units is demolished and a new building with a sac value of five units is built on the site, or a commercial building with a tenant with usage of a sac value of seven units moves out and a new tenant with a usage of a sac value of five units moves in. A. The city can keep the seven units of credit and charge the developer/owner for five sac units. B. The city can apply five units of sac credit to the new building/use and keep one or two units ($1,400) for sewer improvements. C. The city can apply five sac units to the new building and save one or two units for future changes on that site. D. The city can apply five sac units to the new building and refund two units ($1,400) to the owner. A complication to this example is when the tenant with the usage of five sac units moves out and a successor tenant moves in with a usage of 8 sac units. Does the City keep 2 units (7 > 5) and charge the new use 3 units, or keep the 2 units site specific and only charge an additional 1 unit? According to MWCC staff, the larger cities that have gone through the sac credit issue for development have elected to keep the "left over" credits (dollars) for citywide benefit and not refunded them to the owners of the property or reserved them for site specific use. The owners/developers may lay claim to the credit units and want the refund. MWCC will not refund dollars to the city but will carry credits forward against future sac payments due MWCC. The city must make an irrevocable determination on a case by case basis to either keep "left over" sac units site specific for future use or to have the credits be applied for city wide benefit. The decision can be split for some credits to be site specific and some city wide for any particular case. It is suggested that a staff member be designated to make those determinations. SAC changes for industrial users can be triggered by a three year review (MWCC will make these reviews) to see if there are changes in processing or operation that affect the use of the sewer system as opposed to changes in the plant which would be need a building permit and therefore cause a SAC determination. Rahr is discussing the issue of a separate treatment system and the latest information staff has is that Rahr has not made a decision to proceed or not pending information from MPCA. Council is requested to review the issue and give staff guidance and authority to make the site specific or city wide determinations. Alternatives 1. Refund unused sac credits to property owners. 2. Keep unused sac credits site specific. 3. Keep unused sac units for city benefit. 4. Combination of above. Recommendations The following criteria is suggested for guidelines to be used by staff in making SAC credit determinations. 1. City will not refund any dollars for SAC credits. 2. Multi use sites such as the mall or strip shops that are one site will have any credits kept site specific. 3. Total new use (demolition and new building) for residential and commercial will have any credits that are not used for the new application revert to city benefit and will pay sac charges for any increase in SAC units for the new use. 4. Industrial process change resulting in credits will be kept site specific. 5. Industrial physical facility change will be kept site specific. Action Move to set the following guidelines for staff to consider in making SAC credit determination. 1. City will not refund any dollars for SAC credits. 2. Multi use sites such as the mall or strip shops that are one site will have any credits kept site specific. 3. Total new use (demolition and new building) for residential and commercial will have any credits that are not used for the new application revert to city benefit and will pay sac charges for any increase in SAC units for the new use. 4. Industrial process change resulting in credits will be kept site specific. 5. Industrial physical facility change will be kept site specific. / zd TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Firefighters Accident Insurance Policy DATE: April 8, 1992 Introduction Council requested more information on the firefighters accident policy at the 4/7/92 council meeting. Background The feasibility of alternative coverage to compare to the current firefighters accident policy has been reviewed with the Capesius Agency. This is specialty coverage offered by just a couple of companies. Coverage is written based on the number of pieces of fire equipment and not the individual fire fighters. This means that whoever joins the fire department is covered no matter how many people there are. However, the cost goes up as the fleet size goes up. The alternative of acquiring a plain accidental death and dismemberment policy would have to be part of acquiring a life insurance policy. A disability policy would also have to be acquired to be comparable. Under this alternative, the policy would be written on the individuals covered and the administrative work would be multiplied due to the health history requirement for each covered person. Further more, the city would have to deal with the issue of what happens when the insurance company rejects coverage for an individual due to the health history. The City then has a potential problem for employee benefits liability. The rates from the current insurance company for the policy have not changed since the last policy was issued. However, the fleet has increased so that the premium for a new policy would be about $2,700 for three years from the current carrier. The premium from another company for similar coverage is about $3,800. Alternatives 1. Let policy lapse. 2. Apply for new policy from Hartford which is the current carrier. Recommendation At an annualized premium of about $900 per year, the administrative effort of converting to a "plain" group AD&D policy seems an unnecessary burden. The recommendation is to either let the policy lapse or apply for a new policy from the current company. Action Discuss and give staff direction. �,ON MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: April 9, 1992 RE: Cooperation Resolution with County and City Attorneys Attached is a copy of a Resolution which has been prepared by the Scott County Attorney. We have long had an informal agreement to the same effect: that we will cover for each other when there are conflicts of interest. This resolution formalizes our relationship, and adds civil matters (as time permits) . I am requesting City Council approval to enter into this resolution. Signed I • 4:4 Karen Mar y, Cit ' torney KEM:bjm (9MEMO2] Attachment RESOLUTION RELATING TO THE EXCHANGE OF PROSECUTORIAL SERVICES AND CIVIL REPRESENTATION AMONG THE SCOTT COUNTY ATTORNEY AND THE CITY ATTORNEYS WITHIN SCOTT COUNTY WHEREAS, the Scott County Attorney and the City Attorneys within Scott County recognize that legal and professional conflicts of interest sometimes arise in the prosecution of criminal cases and the representation of governmental entities and others in civil proceedings; and WHEREAS, such conflicts require the appointment of a special prosecutor or civil counsel from outside the office experiencing the conflict; and WHEREAS, the Scott County Attorney and the City Attorneys within Scott County recognize that a mutual exchange of assistant county attorneys and city attorneys and their assistants in conflict situations will provide high quality prosecution services or civil counsel services in a cost effective manner; and WHEREAS, the Scott County and the City Attorneys within Scott County recognize that a special prosecutor in a criminal case or a specially appointed counsel in a civil proceeding must have complete independence in dealing with a conflict case; and WHEREAS, in recognition of the above, the Scott County Attorney has sought an agreement by and between all City Attorneys within Scott County. NOW THEREFORE, IT IS HEREBY RESOLVED: 1. That the Scott County Attorney and the City Attorneys within Scott County agree to the mutual exchange of prosecutorial and civil counsel services in conflict situations when requested, whenever time and staff permit. 2. That the office accepting a conflict case will handle the case to a conclusion with total independence. 3 . That the affected offices in a conflict case will agree upon a mutual exchange of prosecutorial services and civil counsel services on a generally equal time basis as needed. 4 . That no compensation for attorneys' time will be paid but that all expense incurred in the referred case shall be paid by the office in which the conflict arose. Date: , 1992 James A. Terwedo Scott County Attorney • Karen Marty Patrick Cibiberto City of Shakopee City of Prior Lake City of Savage City of Belle Plaine City of Elko Steve Bergeson City of New Market City of Jordan Robert O 'Neill City of New Prague l� c CONSENT 1992 is early in the year and there are no anticipated "budget versus actual expenditure" problems at this point. 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N r0 H 4-- ... w r - 3 N W N W r CO 1 �1 N r CO r 0 O O N r 0 N co w \O 0 w -1 \O 0 O\ •-•_, N �n \O r �n Co N N 0 H 4- \) -1 --1 0 'nO OO N "0 0 w 4 4 O O Co N 0 0 0 0 / kt, ,it or\ 7 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Apgar Street Project DATE: April 16, 1992 INTRODUCTION: Attached is a Contract Extension Agreement for Orr-Schelen-Mayeron and Associates (OSM) to provide engineering services for the Apgar Street Project for an estimated fee not-to-exceed $17,800. 00 for City Council consideration. BACKGROUND: On April 7, 1992 the City Council held a public hearing to consider improvements to portions of Apgar Street, Shumway Street and 2nd Avenue. At the conclusion of the public hearing, the City Council ordered plans and specifications prepared for Apgar Street, 1st Avenue to 6th Avenue, and 2nd Avenue (street only) between Apgar Street and Pierce Street. Due to current staff workloads and the need to get this project designed quickly in order to have construction occur in 1992 , staff is proposing to utilize one of our three consultants retained to provide engineering services. Attached is a Contract Extension Agreement from Orr-Schelen-Mayeron & Associates for an estimated fee not-to-exceed $17 , 800. 00 to provide the necessary engineering services for this project. The schedule set is extremely ambitious, but staff feels that this project can be designed, let and constructed before the end of the 1992 construction season, barring any early "Halloween Snowstorm" again. Since this is a relatively small project, with basically little sewer and watermain work, staff would put a very early completion date into the contract (Sept. 1 - Oct. 1 range) to ensure its completion. If the design process or bidding process fails to adhere to the proposed schedule, the decision to start construction in 1992 would be re-evaluated by staff and a recommendation on this matter submitted to Council. At the April 7 public hearing, the City Council also directed staff to re-evaluate the 2 block section of 2nd Avenue between Atwood Street and Apgar Street for possible inclusion in the project. Staff is nearing completion of that analysis and will submit a recommendation to the City Council on May 5, 1992 . If Council desires to add it to the project and assess any portion of it, a public hearing will need to be held on this segment which will result in a delay to the final design of the plans and subsequently could delay the bid letting schedule and construction. ALTERNATIVES: 1. Accept the Contract Extension Agreement from OSM and direct the appropriate City officials to execute it. 2 . Deny the request. 3 . Table the request and direct staff to obtain additional information. RECOMMENDATION: Staff recommends Alternative No. 1. All engineering fees will be included in the total project costs and included in the final assessments (25% for Apgar Street and 100% for 2nd Avenue) . ACTION REQUESTED: Move to direct the appropriate City officials to execute the Contract Extension Agreement with Orr-Schelen-Mayeron & Associates for a not-to-exceed fee of $17,800. 00. DH/pmp _ 71.1 P.1 Post-It"brand tax transmittal memo 7671 .rotpages. 3 I To—TVA_ ^ z'0' Co. o. Dept.. ' Phone* - , April 13, 1992 � L . � - — — 33/ - Fax �%BGG I i Fax# ,fg3/ AZ'J1 tVVV FAX 331-3506 Mr. David Hutton, P.E. Engineers City of Shakopee Architec[s 129 Fast 1st Avenue Planners Shakopee, MN 55379 Surveyors Re: Contract Extension Agreement Improvements to Apgar Street, Pierce Street and 2nd Avenue OSM Project No. 0109.92 Dear Mr. Hutton: According to our agreement for Professional Services with the City of Shakopee, Section 1-C-2 (Major Projects), this extension agreement is for the design of street and storm sewer for Apgar Street (1st Avenue to 6th Avenue), Pierce Street (2nd Avenue to 3rd Avenue) and 2nd Avenue (Apgar Street to Pierce Street), along with watermain on Apgar Street (3rd Avenue to 5th Avenue). Orr-Schelen-Mayeron & Associates (OSM) agrees to accomplish the attached scope of services for a fee not zo exceed $17,800. A preliminary schedule is attached for your review and comment. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval, please sign below and return one copy to our office. We look forward to working with you on this project. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIA S, INC. CITY OF SHAKOPEE sd-A - Bret A. Weiss, P.E. --Project Manager City Administrator r Edward J. DeLaForest, P.E. Vice President City Clerk Mayor Date: ___ .APR 13 '93. 15:56 OSM NPLS. MN P.2 ENG'\:; FRING SERVICES FOR APGAR STREET, PIERCE STREET AND 2ND AVENUE FOR THE CITY OF SHAKOPEE, MINNESOTA SCOPE OF_.SY.ICES A. DESIGN PHASE 1. Review and evaluation of the feasibility report prepared by the City 2. Perform necessary surveying work to complete final construction plans (easement work will be extra) 3. Provide final project design 4. Prepare design plans at 1 inch to 20 foot scale, specifications and bidding documents 5. Prepare a detailed construction cost estimate 6. Prepare and submit necessary permit applications to regulatory agencies 7. Assist the City in advertising for bids and provide recommendations for award of the contract B. CONSTRUCTION PHASE Provide required construction engineering services as follows: 1. Periodic observations of the work in progress (once a week - four hours) 2. Prepare supplementary drawings to clarify working drawings as required 3_ Review shop drawings to determine compliance with plans and specifications 4. Review testing performed by testing laboratories as required S. Complete record plans for City records -APP 13 '92 15:56 OSM MPL . t 4 r_3 • ENGLNEERLNG SERVICES Page 2 C. SCHEDULE 1. Order Project • Council orders project and approves extension agreement . . . April 14, 1992 2. Field Survey (weather permitting) • Survey crews obtaining existing conditions April 20 to April 28, 1992 3. Transpose Field Information • Prepare plan showing existing conditions April 28 to April 30, 1992 4. Design • Prepare preliminary plans and specifications April 30 to May 19, 1992 5. City Review • Submit preliminary plans and specifications to City for review May 19 to May 25, 1992 6. Plans and Specifications • Review City comments and complete plans and specifications May 25 to May 28, v)92 7. Submit Final Plans and Specifications to City May 28, 1992 8. City Council Approves Plans and Specifications and Sets Letting Date June 2, 1992 9. City Accepts Bids ;. 26, 199_ 10. Council Awards Project June 30, 1992 I� �U CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director Lou Van Hout, Utilities Manager RE: SPUC Contribution From Service Area Acquisition DATE: April 15, 1992 Introduction The contribution from SPUC to the City for acquired service area customers needs to be formalized. Background The Utilities Commission and Council met late last year to discuss the acquisition of territory from Minnesota Valley Electric Cooperative and the funding of the acquisition. Consensus was reached that part of the funding would involve the City foregoing the contribution from SPUC for the acquired service area for four years. There was not a resolution passed agreeing to this provision and therefore the existing resolution specifying the contribution remains in effect, contrary to the consensus reached late last year. The attached resolution implements or authorizes the foregoing of the contribution from the acquired service area for four years. Alternatives 1. Do not adopt this resolution. 2. Adopt this resolution. Recommendation Alternative number 2. This is consistent with the previous Council and SPUC discussion. Action Offer Resolution No. 3575 A Resolution Pertaining To The Funding Of The Shakopee Public Utilities Commission Acquisition Of Minnesota Valley Electric Cooperative Service Territory and move its adoption. RESOLUTION NO. 3575 A RESOLUTION PERTAINING TO THE FUNDING OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION ACQUISITION OF MINNESOTA VALLEY ELECTRIC COOPERATIVE SERVICE TERRITORY Whereas, Resolution No. 1144 sets forth the financial contribution from Shakopee Public Utilities Commission to the City of Shakopee, and Whereas, the Shakopee City Council and Shakopee Public Utilities Commissioners have met and agreed on a funding process for the 1990 acquisition of Minnesota Valley Electric Cooperative territory, and Whereas, the agreement provided that there would be no financial contribution to the City for four years based on revenues derived from acquisition territory customers. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, that revenues and costs for accounts in the area acquired from Minnesota Valley Electric Cooperative in 1990 be excluded from the financial contribution formula for the years 1991 through 1994. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992. Mayor of the City of Shakopee ATTEST: Approved as to form City Clerk City Attorney COiii'iT MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Vierling Drive Project DATE: April 9, 1992 INTRODUCTION: City Council has ordered the construction of Vierling Drive between County Road 17 and County Road 79. BACKGROUND: This section of Vierling Drive is being designed to match Vierling Drive to the East of County Road 17. As a state-aid project, a street with four driving lanes and no parking lanes requires a Council resolution which restricts parking. ACTION REQUESTED: Offer Resolution No. 3566, A Resolution Restricting Parking on Vierling Drive (MSAS 106) , Between County Road 17 and County Road 79, Project No. 1992-3 and move its adoption. RR/pmp RESOLUTION NO. 3566 A Resolution Restricting Parking on Vierling Drive (MSAS 106) Between County Road 17 and County Road 79 Project No. 1992-3 MSAS 106 (Vierling Drive) from C.S.A.H. 17 to C.S.A.H. 79 in the City of Shakopee, Minnesota. WHEREAS, the City of Shakopee has planned the improvement of MSAS 106 Vierling Drive from C.S.A.H. 17 to C.S.A.H. 79, and WHEREAS, the City of Shakopee will be expending Municipal State Aid Funds on the improvement of this street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the City of Shakopee has been determined. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That the City of Shakopee shall ban the parking of motor vehicles on both sides of MSAS 106 (Vierling Drive) at all times. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney I MEMO TO: Dennis Kraft, City Administrator FROM: John DeLacey, Engineering Tech. III SUBJECT: Scott/Shumway Street and Jackson/Harrison Street Project No. 's 1991-1 & 1991-2 DATE: April 8, 1992 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Scott/Shumway Street and Jackson/Harrison Street Project No. 's 1991-1 and 1991-2 . BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: 1. Offer Resolution No. 3568, A Resolution Accepting Work on Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th Avenue to 7th Avenue, Project No. 1991-1 and move its adoption. 2 . Offer Resolution No. 3569, A Resolution Accepting Work on Jackson Street/Harrison Street Project Between 11th Avenue and 12th Avenue, Project No. 1991-2 and move its adoption. JD/pmp RESOLUTION NO. 3568 A Resolution Accepting Work On Shumway Street, 3rd Avenue To 6th Avenue And Scott Street, 6th Avenue To 7th Avenue Project No. 1991-1 WHEREAS, pursuant to a written contract signed with the City of Shakopee on May 21, 1991, GMH Asphalt Corporation, 17018 Saddlewood Trail, Minnetonka, MN 55343 has satisfactorily completed the reconstruction of Shumway Street, 3rd Avenue to 6th Avenue and Scott Street, 6th Avenue to 7th Avenue, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. 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 CERTIFICATE OF COMPLETION CONTRACT NO . : 1991 - 1 & 1991 -2 DATE: ADriI 8 , 1992 PROJECT DESCRIPTION : Jackson/Harrison Street and Scott/Shumway Street CONTRACTOR : GMH Asphalt , Inc . 17018 Saddlewood Trail Minnetonka , MN 55343 ORIGINAL CONTRACT AMOUNT $ 219 , 955 . 95 QUANTITY CHANGE AMOUNT $ 3 , 230 . 05 CHANGE ORDER NO , THRU NO. AMOUNT , , , $ 19 , 458 . 31 FINAL CONTRACT AMOUNT $ 242 , 644 . 31 LESS PREVIOUS PAYMENTS $ 242 , 644 . 31 FINAL PAYMENT $ _0_ I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor. Professional Engineer RESOLUTION NO. 3569 A Resolution Accepting Work On Jackson Street/Harrison Street Between 11th Avenue And 12th Avenue Project No. 1991-2 WHEREAS, pursuant to a written contract signed with the City of Shakopee on May 21, 1991, GMH Asphalt Corporation, 17018 Saddlewood Trail, Minnetonka, MN 55343 has satisfactorily completed the reconstruction of Jackson Street and Harrison Street between 11th Avenue and 12th Avenue, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. 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 -- r CERTIFICATE OF COMPLETION CONTRACT NO , : 1991 - 1 & 1991 -2 DATE: April 8 . 1992 PROJECT DESCRIPTION : Jackson/Harrison Street and Scott/Shumway Street CONTRACTOR: GMH Asphalt , Inc . 17018 Saddlewood Trail Minnetonka , MN 55343 ORIGINAL CONTRACT AMOUNT $ 219 , 955 . 95 QUANTITY CHANGE AMOUNT $ 3 , 230 .05 - CHANGE ORDER -NO. THRU NO, AMOUNT , $ 19 , 458 . 31 FINAL CONTRACT AMOUNT $ 242 , 644. 31 LESS PREVIOUS PAYMENTS $ 242 , 644 . 31 • FINAL PAYMENT I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor, Professional Engineer /3 01 CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Resolution No. 3574 Amending The 1992 Budget DATE: April 15, 1992 Introduction Council has adopted a 1992 pay plan that provides for annualized wages in excess of the amounts appropriated in the 1992 budget. Background Council has adopted a 1992 pay plan that provides for annualized wages in excess of the amounts appropriated in the 1992 budget. The contingency appropriation in the Unallocated division of the General Fund contains $72,000 designated for 1992 wage adjustments. The attached resolution spreads to amounts needed from the contingency account to the divisions based on the adopted pay plan. Council has also ordered repairs to the swimming pool. The contract is in the amount of $114,580 plus 10% contingency which equals $126,038. Another estimated 5% for engineering costs yeilds a project total budget of $132,340. Council has directed that these costs come out of the Park Reserve Fund. Alternatives 1. Status Quo. 2. Adopt Resolution No. 3574 Recommendation Alternative number 2. Action Offer Resolution No. 3574 A Resolution Amending Resolution 3496 Adopting The 1992 Budget and move its adoption. RESOLUTION 3574 A RESOLUTION AMENDING RESOLUTION 3496 ADOPTING THE 1992 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the budget categories are changed as follows: Fund Division Account Amount General Administration Personnel $1,910 General Clerk Personnel 4,820 General Finance Personnel 20,630 General Legal Personnel 10,880 General Planning Personnel 10,660 General Police Personnel 7,630 General Street Personnel 1,010 General Building Personnel (7,700) General Recreation Personnel 7,510 General Engineering Personnel 7,740 General Unallocated Contingency (65,090) Park Reserve Supplies/Services 132,340 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney 0/z/6 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Direct 411 SUBJECT: T.H. 169 Bridge and Minibypass Project DATE: April 21, 1992 INTRODUCTION: Attached is Resolution No. 3576, approving plans and specifications for the bridge construction portion of the T.H. 169 Bridge and Minibypass Project for City Council consideration. BACKGROUND: On April 20, 1992 City staff received final construction plans from Mn/DOT for the bridge portion of the above referenced project and also received a request from Mn/DOT to approve of these plans by resolution at the April 21, 1992 City Council meeting. The bid letting on this project is this Friday, April 23 , 1992 . Mn/DOT must receive a resolution approving the plans from the City by that date or they will not be allowed to open the bids for this project. Staff has conveyed to Mn/DOT the displeasure over receiving this request at such a late date and has requested longer lead times for future phases of this project or the Shakopee Bypass Project. ACTION REQUESTED: Offer Resolution No. 3576, A Resolution Approving Plans, Specifications and Special Provisions for Trunk Highway 169 Bridge, State Project 7009-70002 (169=5) , Federal Project NH-BRNH 005-2 (104) and move its adoption. DH/pmp MEM3576 12I'JIS0911 ! l3 AID 'Z66I ` 3o Grp slgi mos purl purl! 1fw lapun uani0 •paidopr srm uotiniosoi u o oio3 aqi luasaid aiam ltounop pins jo saagwaw alp jo Xiuofrw r golgm 11, `Z661 3o 'frp aqi uo `riosauum `aadwlrtS Jo IlounoD ,Cl i3 aq2 3o (uan!2 srm aollou purl anp go!gm jo) 2uliaaw plrs it Xgo.iaq op I ( aadONVHS 3O A-1,13 ( ,LLODS 3O AINflO3 •ss ( VIOSHNNIIAI 30 ELVIS )laalD 'feu-1011V k4I0 Isai1V iohjI : waod of se panoaddy Z661 ` poiru •paidopr uollnlosa' aqI pamoap nom() 2u!p!sald aqi io/pur iohw alp uodnaioiim :uo!inlosa)l aqI jo uopdopr aqI isular pawn =wow Houma 2u!mollo3 aqI 'pin! :uognloso2l alp Jo 1onr3 u! pion siagwaw Iiounoo 2u!molloj aqI '1101 aqI JO Ilio aqI uod11 •XrnnOiq )1un11 pies 2ulloaslalu! siaaals oilgnd llr uo sIlrmssolo Cur wo13 2aa3 OZ Isral Ir pur `Ai Mq lq aqi oI ivaorfpr gino alp gi!m lallrlt:d oq o1 ` v/m.12m xuni pins uo `rfIlj mus jo shun! airlodaoo aqI ulg1lm palliwiod s! 2upprd Lions J! `solo!Llan 111: JO 2up1ii d aqI onnbal oI aaaar Alan!! scop AID 01-11 Irg1 QIA'1OS3d 113H.L1Ifl3 ,LI 1f1 •uoponllsuoa p!rs Xq pouolsu000 apri u! saurga llr pur /fur of uan!2 Agaiag s! ivasuoo puu umogs sr sapra2 pur suo! unala oql 2u!pnlou! panolddr a1r Xgalag pur oq agI 3o swim alrlodloo pins ulgilm Xumg2!I-I )[UIU L plrs Jo Iuawonoadw! aqi 1o3 suo!slnold moods pur surid plrs irgi QaA'IOSn i .LI rn `1•I2HI `MOAN :paw lrnolddr aqi spas pur tionl21 riosauuq aqI it `oodoxrgS Jo Alp aqi 3o sllw!! alrlodaoo aqI ulgllnn '691 •oN hmg5!H 31unii sr poaogu'nual 'c •oN ArmggiH Num" Jo Iuawanoldwl aqi 10j suoiiroijpods pur `SUO!S!nold bloods `surld :poardaid sing riosauu4AJ Jo a1I1S aqi 103 uo11r11odsurl13o lauolss!wwo3 aqi Sd3211I-IM 1TM 01 popu000s Ai piano suns uo!lnlosa' 5u!mo1103 agI `Z66I jo ifrp aqi uo Nag `oodoNrgS jo AID agi 30 ltounoJ AID aqI 30 2uiiaaw r iv ( ti0l ) 2-500 HN218-HN 2oafoad Ieaapad ` (9=691 ) ZOOOL-600L 1pecoad a221S ` a6pla8 691. ' H ' 1 and suolslnoad IPIDedS pud (t701) Z-S00HIsI2Ig-HI�I 'foldTad SUOIl2p ! JIDadS ` sueld 6ulnoaddy uollnlosaa V (g=691) Z000L-600L loafold 011?1S 9 L S£ ' 0 N N O 11(110 S a d 41q MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director ) -C SUBJECT: T.H. 169 Bridge & Minibypass DATE: April 21, 1992 INTRODUCTION: Attached is a resolution and a cooperative agreement from Mn/DOT covering the costs of the decorative lighting on the T.H. 169 Bridge Project for Council consideration. BACKGROUND: Previously, the City Council discussed the issue of the lighting on the new T.H. 169 Bridge and Minibypass and whether or not standard Mn/DOT lighting should be used or a decorative type lighting similar to what was already installed with the Downtown Streetscape Project. Mn/DOT indicated to the City Council that any additional costs associated with the decorative lighting would be the City's cost. The City Council directed staff to notify Mn/DOT that the decorative lighting was preferred. Based on that action, the final plans were prepared using the decorative lighting. Mn/DOT has prepared a cost participation agreement covering the additional City costs associated with this lighting for Council consideration. As indicated in the agreement, the total cost to the City would be $9000 . The original estimate of these costs that was presented to the City Council was $35, 000, which includes both the bridge and minibypass lights. The bid letting on this project is this Friday, April 23 , 1992 . Mn/DOT must receive an executed agreement from the City by that date or they will not be allowed to open the bids for this project. Staff has conveyed to Mn/DOT the displeasure over receiving this request at such a late date and has requested longer lead times for future phases of this project or the Shakopee Bypass Project. ACTION REQUESTED: 1. Offer Resolution No. 3577, a resolution authorizing the City of Shakopee to enter into an agreement with MnDot regarding the street lighting costs for the T.H. 169 Bridge. 2 . Move to direct the appropriate City officials to execute the Cooperative Agreement No. 69412 with Mn/DOT covering the City costs for the street lighting associated with the T.H. 169 Bridge Project. DH/pmp LIGHTING 1 RESOLUTION NO. 3577 A Resolution Authorizing the City of Shakopee to Enter Into an Agreement with MnDOT Regarding the Street Lighting Costs • for the T.H. 169 Bridge BE IT RESOLVED that the City of Shakopee enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To install a new highway lighting system along Trunk Highway No. 169 on Minnesota River Bridge No. 70002 in accordance with the terms and conditions set forth and contained in Agreement No. 69412, a copy of which was before the Council . BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Scott City of Shakopee I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Shakopee at a duly authorized meeting thereof held on the day of , 1992, as shown by the minutes of said meeting in my possession. City Clerk (Seal) CITY OF SHAKOPEE APPROVED AS TO FORM: By City Attorney Mayor (City Seal) By City Administrator STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION By Assistant District Engineer Assistant Commissioner Operations Division Dated APPROVED AS TO FORM AND EXECUTION: DEPARTMENT OF ADMINISTRATION By Assistant Attorney General — State of Minnesota Dated 69412 — 5 — 7 . Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees. of the City and any and all claims that may or might arise under the Worker' s Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. The State shall not be respon�: _i.)) :: under the Worker' s Compensation Act for any employees of the City. 69412 — 4 — Construction Cost for a standard highway lighting system) . The City shall pay for the additional Construction Costs which are in excess of the $13, 200 .00 paid by the State . 4 . Upon execution of this agreement and a request in writing by the State, the City shall advance to the State an amount equal to its portion of the project cost. The City' s portion shall consist of the additional Construction Costs which are in excess of $13, 200 .00, based on the actual bid price. 5 . Upon completion and final acceptance of the project, the City' s final portion shall consist of the additional Construction Costs which are in excess of $13, 200.00, based on the final payment to the Contractor. The amount of the funds advanced by the City in excess of the City' s final share will be returned to the City without interest and the City agrees to pay to the State that amount of its final share which is in excess of the amount of the funds advanced by the City. 6. Upon completion of the work contemplated herein, the City shall maintain and keep in repair the highway lighting system as shown in Exhibit "A", and shall provide the necessary electrical power for its operation, all at the cost and expense of the City. 69412 — 3 — WHEREAS, the City agrees to pay the cost difference between the standard highway lighting system and the decorative highway lighting system the City has requested. WHEREAS, the City and the State will participate in the cost, maintenance and electrical energy of the new highway lighting system as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS : 1 . The State shall prepare the necessary plan, specifications and proposal which shall constitute "Preliminary Engineering" . The State shall also perform the construction inspection required to complete the items of work hereinafter set forth, which shall constitute "Engineering and Inspection" . 2 . The contract cost of the work or, if the work is not contracted, the cost of all labor, materials, and equipment rental required to complete the work, shall constitute the actual "Construction Cost" and shall be so referred to hereinafter. 3 . The State with its own forces and equipment or by contract shall install the new decorative highway lighting system in accordance with State Project No. 7009-70002 along Trunk Highway No. 169 on Minnesota River Bridge No. 70002 and as shown in Exhibit "A" attached hereto and made a part hereof. Estimated Construction Cost for a decorative highway lighting system is $22, 200 . 00 . The State shall pay $13,200 . 00 (estimated 69412 — 2 — THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the City of Shakopee, hereinafter referred to as the "City", WITNESSETH: WHEREAS, Minnesota Statute 161 .20 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of construction, maintaining and improving the Trunk Highway system; and WHEREAS, the State has determined that there is justification and it is in the public' s best interest to install a new highway lighting system along Trunk Highway No. 169 on Minnesota River Bridge No. 70002; and WHEREAS, the State normally would install a standaxd highway lighting system on Minnesota River Bridge No. 70002 consisting of 8 -6B-40 Lighting Units with 200 Watt H.P .S. Luminaires; and WHEREAS, the City requested that a decorative highway lighting system be installed on Minnesota River Bridge No. 70002 consisting of 11 — 12' Post Top Lighting Units with 1 — 150 Watt H.P .S. Luminaire and 2 — 10' Post Top Lighting Units with 2 — 150 Watt H.P .S . Luminaires; and 69412 — 1 — MINNESOTA TRANSPORTATION DEPARTMENT HIGHWAY LIGHTING AGREEMENT NO. 69412 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF SHAKOPEE TO Install a new Highway Lighting System along Trunk Highway No. 169 on Minnesota River Bridge No. 70002 in Shakopee, Scott County, Minnesota. S.P . 7009-70002 Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED City of Shakopee $9, 000 . 00 None Otherwise Covered �NNTqMinnesota Department of Transportation 111° ZQMetropolitan District sTransportation Building � St. Paul, Minnesota 55155 ?O 114t Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to Telephone No. 517/— 4lr¢ 3 /Z 9 &42 i 5i , - CITY/Ca.: . t: C. ,e r%?GcC 1ff�KGPCE i7>^! sj 3-7y ATT"VTION: ai9G'e A///Tr" ' STATE PROJECT: -7Oc -7Goc'Z f//6 5) ACRES NO. : 64, /Z TYPE OF AGREEMENT: a s fes-A 44.•�-— ///6,91-1)A y IMPORTANT 1. The original and 2- copies of this agreement must be signed by the appropriate city/seetrty officials. Must bear the city's/eats seal. 2. 3 copies of the city'siesiom,t7.1s resolution designating officers to execute the agreement must be certified, including seal. 3. When this agreement becomes fully executed, one of the copies will be returned to the city/emumby. Kindly return the executed agreement and resolutions to: St han Cc ot�`�` Agreement Specialist Minnesota Department of Transportation 5801 Duluth Street Golden Valley, MN 55422 M(NtiEX7iA 1990 An Equal Opportunity Employer Il Li MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorne DATE: April 21, 1992 RE: Indemnification Resolution BACKGROUND: A few months ago we requested and received permission from the City Council to indemnify the State for police and fire training exercises to be conducted at 211 West First Avenue in Shakopee. This building is to be removed as part of the mini by-pass project. PROBLEM: The State apparently now has conveyed the building to the demolition contractor, who wants its own indemnification agreement. The training was scheduled to occur this coming weekend, resulting in this rush request for approval from the City Council . _RECOMMENDATION: Since this agreement was previously approved with a different party, I recommend that the City Council approve it again with the new party. REQUESTED ACTION: Offer Resolution No. 3578, and move its adoption. RESOLUTION NO. 3578 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REQUESTING THE USE OF A PRIVATELY OWNED BUILDING FOR POLICE AND FIRE TRAINING. WHEREAS, Kusske Construction, Inc. has taking possession of a building located at 211 West First Avenue, in the City of Shakopee; and WHEREAS, this building is scheduled for demolition in order to make room for additional road construction; and WHEREAS, the Shakopee Police and Fire Departments would like to use this building for police and fire training purposes including forced entry, ventilation, SCBA training, arson training, search and rescue, ladder training, and hose and nozzl.._. training; and WHEREAS, the City of Shakopee would assume all liability for all claims for damage, actions or causes of action arising out of the use of these buildings for the training and, except negligent acts of Kusske Construction, Inc. , its agents and employees, hold Kusske Construction, Inc. harmless from any such claims; and WHEREAS, Kusske Construction, Inc. has tentatively agreed to the use of this building for fire training purposes subject to the passage of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee that the Police and Fire Departments are authorized to arrange with Kusske Construction, Inc. for the use of the premises at 211 West First Avenue, in Shakopee, Minnesota, for training purposes. Dated this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: `- q City Attorney TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Surplus Property DATE: April 21, 1992 Introduction Council action to declare property surplus is required in order for the property to be sold. Background I have been working on a list of property to be declared surplus by Council in order to sell various items. It was planned to have the list on the agenda for the 4/21 Council meeting but certain data was lacking at the agenda deadline. I also thought that the next auction for which some of these items were scheduled was set for May 9, 1992, when in actuality, the auction is May 2, 1992. There are eight Weed Eaters set for the Hennepin County auction on May 2, 1992. Three have already been declared surplus. The machines are in various states of repair/disrepair. Council action is required tonight to declare these items surplus in order to make the 5/2/92 auction. Action Requested Move to declare five Weed Eaters surplus property and authorize the sale of said items. ro rD �cc 3 r crow a p n c-0 C t cr:c w p n n co � 0.03aa.n a,Fo aoyaaco0 = nc ; O ,.oD w I °<° s Uflib> 1II1 ar <=" FEo'- rD w ^'co X _ 3 wcX -.,� p 4 :, = nE c =3aD =g a. y n - S < „=„="g ° e c � ca 2 < 4� w' c a g o ao c) „, ,,, 0-ncx, 2, c = ° w ci � y 0 � '�Sn .� � c vi ;iii am o ~oyCT Cl.. �< n_ _ 7 a H .yw+ O y a n �• �' C O F 311:F'� czo � � � - c � °° < o� a �'" 3 `; cn�owo = rD � £ � 'xo � '' n -1 o a0.s p -, •< r' ao s r, ,, a c rD a _' wpp ;