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HomeMy WebLinkAbout06/16/1992 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: June 12 , 1992 1. Attached is a reminder for the Employee Picnic - July 22nd. 2 . Attached is a memorandum from the Public Works Director regarding Americans with Disability Act (ADA) Curb Cuts. 3 . Attached is a memorandum from the Chief of Police regarding a street closing for the St. Mary' s parish festival. 4 . Attached are the May 27, 1992 unapproved minutes of the Municipal Facility Survey Development Committee. 5. Attached is a memorandum from the City Clerk regarding Execution of Personal Services Contracts. 6. Attached are the unapproved minutes of the June 4 , 1992 Planning Commission and Board of Adjustment & Appeals meetings. 7 . Attached are the Revenue and Expenditure Reports as of May 31, 1992 . 8 . Attached are the unapproved minutes of the May 18, 1992 Parks and Recreation Advisory Board meeting. 9 . Attached is correspondence from the League of Minnesota Cities regarding membership dues. The League is proposing to increase dues for 92/93 by 3%. This is an increase of $177 . 00 for Shakopee from $5, 877 to $6, 054 . 10. Attached are the May 4th & 18th, 1992 minutes of the Shakopee Public Utilities Commission. 11. Attached is the Building Activity Report for May. 12 . Attached is the Police Report for Council review. 13 . Attached is a memorandum from the City Attorney regarding tickets to be dismissed. # 1 ELEVENTH ANNUAL CITY OF SHAKOPEE'S EMPLOYEE PICNIC The Shakopee City Council and the City Administrator invite you and your family to the Eleventh Annual Employees'Picnic. We will be supplying the Bratwurst,Hot Dogs and Pop and would like everyone to bring a pot luck item. WHEN: WEDNESDAY, JULY 22ND WHERE: LIONS PARK TIME: 5:00 - PICNIC DINNER 6:30 - WELCOME BY MAYOR LAURENT 6:30 - 8:20 ENJOY THE MUNICIPAL POOL AND WATERSLIDE*AND PARTICIPATE IN ** PLEASE RSVP (YES OR NO) BY JULY 17TH TO TAMI OR TONI #445-3650 * TO PREVENT SCRATCHING OF SURFACE, NO �E WAT�SLIDE METAL TABS, BUTTONS, OR JEWELRY ARE ALLOWED ** PICNIC KITS WILL BE PROVIDED BY THE SHAKOPEE PARK AND RECREATION DEPARTMENT. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo SUBJECT: Americans with Disability Act (ADA) Curb Cuts DATE: June 9, 1992 INTRODUCTION: Attached please find correspondence from the Scott County Highway Department regarding curb cuts or ramps for existing crosswalks and sidewalks that have been mandated by the recent ADA legislation. As indicated by the letter, Scott County will be incorporating curb cut and ramps into all future projects on County roads and as part of the existing cost participation policy, the curb cuts or ramps would be the responsibility of the City of Shakopee. Staff would also like to point out that the same requirements apply to City streets. The ADA legislation has mandated that all existing crosswalks have curb cuts or ramps installed by January 26, 1995. All new streets have been incorporating curb cuts and ramps for the last several years and these are usually added at the time the street is reconstructed, but in order to comply with the deadline a more comprehensive ramp project may need to be done. Staff will be incorporating this into one of our upcoming sidewalk replacement projects. There is no action requested by staff at this time. Staff merely wanted to inform the City Council of another requirement that the City will to need to comply with for the ADA Act. DH/pmp ADA SCOTT COUNTY HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 612) 496-8346 FAX(612) 496-8365 BRADLEY J.LARSON Highway Engineer DANIEL M.JOBE April 28 , 1992 Asst.Highway Engineer-Design DON D.PAULSON Asst.Highway Engineer-Construction Mr. Dave Hutton Director of Public Works City of Shakopee 129 East First Avenue Shakopee MN 55379 Re : Americans With Disabilities Act (ADA) Accessibility Requirements Dear Mr. Hutton: Recent ADA legislation requires that all existing crosswalks have curb cuts or ramps by January 26 , 1995 . The ADA legislation also requires that any public entity that employs 50 or more persons must develop an implementation plan by July 26 , 1992 . All recent Scott County construction projects have incorporated curb cuts and ramps into the project design. The number of required curb modifications on existing County Roads should be fairly minimal . As part of the cost participation policy between the County and City, sidewalk and trail installation are the responsibility of the City. It is the County' s position that the required curb cuts or ramps on existing facilities which need attention would likewise be the responsibility of the City. Enclosed are copies of the related correspondence from the State Aid office . Thank you for your attention to this matter. If you have any questions or would like additional information, please contact this office . Sincerely, Scott M. Merkl Engineering Coordinator SMM/kmg Enc . cc : County Commissioners Cliff McCann, Administration An Equal Opportunity/Affirmative Action Employer Engstrom December 13 , 1991 Mr. James N. Denn Commissioner Department of Transportation Room 411, Transportation Building St. Paul, Minnesota 55155 Re: Americans With Disabilities Act Dear Mr. Denn: The Americans With Disabilities Act (ADA) was enacted on July 26 , 1990 . It provides for comprehensive civil rights protection to individuals with disabilities in the areas of employment, trans- portation, public accommodations, State and local government services and telecommunications. The Departments of Justice and Transportation recently issued final regulations implementing various sections of the ADA. The Department of Justice issued its Final Rules implementing Title II of the ADA, "Nondiscrimination on the Basis of Disability in State and Local Government Services" and Title III of the ADA, "Nondis- crimination on the Basis of Disability by Public Accommodation and in Commercial Facilities" in the July 26, 1991, Federal Register. The Department of Transportation issued its Final Rule implementing Title IV of the ADA "Transportation for Individuals With Disa- bilities" in the September 6, 1991, Federal Register. We have enclosed the Final Rules containing the sections most likely to be of concern to the Minnesota Department of Transportation. The most important changes to the accessibility requirements that may effect the Federal highway program in the area of design and construction are: 1. At bus stops, if a platform for loading and unloading wheelchairs is provided, it should be built to the requirements indicated in Section 10 . 2 . 1 to the maximum extent allowed by site constraints (Enclosure A) . 2 . At all existing marked and unmarked crosswalks for which the State and local government are respon- sible, and whether or not they are on a Federal- aid system, curb cuts or ramps will have to be - more - 2 provided within 3 years after the January 26, 1992 , effective date of the Final Rule (Enclosure B) . This is irrespective of whether or not other highway or street improvements are being made at the same time. In view of this requirement, consideration should be given to providing curb cuts on all ongoing projects regardless of whether or not existing curbs are to be modified. 3 . A transition plan indicating where curb cuts need to be provided, and prioritizing their installation as described in the Rule, will be required within 6 months after the January 26, 1992 effective date (Enclosure B) . 4 . An adequate number of accessible parking spaces in existing parking lots or garages, over which a public entity has jurisdiction, should be provided (Enclosure C) . 5 . Standards for provision of curb cuts on a site shall be those outlined in the Uniform Federal Access- ibility Standards (UFAS) (August 14 , 1984 , Federal Register) or the Americans with Disabilities Act Accessibility Guidelines (ADAAG) in the case of curb cuts provided by State and local government agencies. The standards for curb cuts on a site provided by private entities shall be those indi- cated in the ADAAG. It is expected that an effort will be made to make these standards the same in the near future. • 6. Standards for curb cuts on highways and streets are yet to be determined. However, the curb cuts should be constructed to the UFAS or the ADAAG criteria to the maximum extent possible. 7. Both standards require that no lip be provided at curb cuts. The main differences between the ADAAG and the UFAS are that: a. The UFAS does not specify detectible surfaces for the blind on curb cuts, while the ADAAG requires that "truncated domes" be provided for this purpose on the entire area of the curb cut (Enclosure D) . b. The ADAAG requires that a color contrasting surface be provided (Enclosure D) . - more - 3 i� c. The ADAAG now requires that handrails be 865- 965 millimeters (34-38 inches) above a ramp or stairs rather than 760-865 millimeters (30-34 inches) required in the UFAS (Enclosure E) . d. One in eight handicapped spaces, and at least one space, must be van accessible which requires that the space be adjacent to an aisle 2440 millimeters (96 inches) wide rather than the 1525 (60 inches) required for a normal handicapped space. The van space must also be designated by a sign indicating "Van Access- ible" mounted below the symbol of accessibility (Enclosure F) . Again, please note that an Implementation Plan for the installation of substandard curb cuts is required by July 26, 1992. We will provide you with further information as we learn more details of implementation of the ADA. Any questions concerning this subject should be directed to Mr. Glenn Engstrom at 290-3247. Sincerely yours, Charles E. Foslien Division Administrator IV J. A. Cheatham By: James A. Cheatham Statewide/Environmental Programs Engineer Enclosures GME/gme/hd 2cc Mn/DOT w/enclosures lcc Mn/DOT Korfhage w/enclosures icc Cheatham icc Friesen w/enclosures icc Engstrom w/enclosures icc McCarthy icc Kliethermes icc Grothaus lcc R.F. icc File: 501 w/enclosures December 26, 1991 Mr. James N. Denn Commissioner Department of Transportation Room 411, Transportation Building St. Paul, Minnesota 55155 Re: Americans With Disabilities Act Dear Mr. Denn: Our letter of December 13 , 1991 informed you of some of the accessibility requirements in the Americans With Disabilities Act (ADA) that may affect the Federal highway program in the area of design and construction. We have recently received additional information concerning the requirement that all existing crosswalks have curb cuts or ramps by January 26, 1995. This requirement is included in Section 35. 150, Paragraph (d) (2) on page 35720 of the July 26, 1991 Federal Register (enclosed) . Page 35710 of the same Federal Register includes the section of the Preamble that addresses this area and clarifies the intent of the Rule. In order to verify the intent, our Headquarters office contacted the Department of Justice to confirm that our interpretation was correct. The Department of Justice confirmed that the intent was to provide curb cuts at all crosswalks, existing and new. Since this is a Rule of the Department of Justice, the FHWA does not have a direct role in implementation of this Rule. We do, however, feel obligated to make sure that each state is aware of this Rule and its implications. We also suggest that you send the information to your local government agencies that may be affected. The ADA requires that any public entity that employs 50 or more persons • must also develop an implementation plan by July 26, 1992 . However, it does not require a public entity to take any action that would result in a fundamental alteration in the nature of a service, program, or activity or the undue financial and admini- strative burdens, as shown on the top page 35720. Any questions concerning this subject should be directed to Mr. Glenn Engstrom at 290-3247. Sincerely yours, Charles E. Foslien Division Administrator /s/ HEMI' S. CPOT;-IAUS X: James A. Cheatham Statewide/Environmental °'L' Programs Engineer Enclosures - 35710 Federal Register / Vol. 56. No. 144 / Friday. July 6, 1991 / Rules and Regulations programs(e.g..28 CFR 4t.57(b)), facilities. transportation. public to those facilities except :hat.if AD:\,\C: paragraph(c)requires the public entity accommodations, and employers, is chosen,the elevator exemption to make any necessary structural followed by walkways serving other contained at §§ 36.401(d) and 36.404 :.hinges in facilities as soon as areas. Pedestrian"walkways"include does not apply.ADAAG is the standee; practicable.but in no event later than locations where access is required for for private buildings and was issued.es t`:re'e years after the effective date of use of public transportation.such as bus guidelines by the Architectural and this regulation, stops that are not located at 'Transportation Barriers Compliance The proposed rale provided that. intersections or crosswalks. Board(A'TBCB)under title III of the aside from structural changes.ail other Similarly.a public entity should ADA.It has been adopted by the necessary steps to achieve compliance provide an adequate number of Department of Justice and is published with this part must be taken within sixty accessible parking spaces in existing as appendix A to the Department's title • days.The sixty day period was taken parking lots or garages over which it has 111 rule in today's Federal Register. from regulations implementing section jurisdiction. Departures from particular requirements 504,which generally were effective no Paragraph(d)(3)provides that,if a of these standards by the use of other more than thirty days after publication. public entity has already completed a methods shall be permitted when it is Because this regulation will not be transition plan required by a regulation clearly evident that equivalent access to effective until January 26.1992;the implementing section 504.the transition the facility or part of the facility is Department has concluded that no plan required by this part will apply thereby provided.Use of two standaals additional transition period for non- only to those policies and practices that is a departure from the proposed rule. structural charges is necessary, so the were not covered by the previous The proposed rule adopted UFAS as sixty day period has been omitted in the transition plan.Some commenters the only interim accessibility standard • final rule.Of course, this section dues suggested that the transition plan should because t at•standard was referenced not reduce or eliminate are;obligations include all aspects of the public entity's b •the regulations implementing section that are already applicable to a pubic operations,including those that ma_y 504 of the Rehabilitation Act entity under section 504. have been covered by a previous promulgated by most Federal funding • Where structural modifications are transition plan under section 504.The agencies.It is.therefore.familiar to required.paragraph(d)requires that a Department believes that such a many State and local government planp cui,licative requirement would be entities subject to this rule.The transition be develo ed by an �' employs r inappropriate.Mary public entries mai Department.however.received many entity that emnlo s 50 or more persons. End,however,that it will be simpler to within six months of the effective date co•^—e:is objecting to the adoption of of this regulation.The legislative history include all of their operations in the UFAS.Cor -"enters pointed out that. of ADAg tai transition plan than to attempt to of title II of the makes it clear that, identify and excludespecifically-thoseunder title II, except for the elevator exemption,UFAS governments arecal requlredstateto pprovide thers that were addressed ia previous plan. suggested is not as tthat the staringent as ndard shoAAG. uld be curb cuts on public streets."Education se course,entities covered under the same to lessen confusion. section 504 are not shielded from their and Labor report at S4.As the rationale obligations under that statute n erely Section 204(b)of the Act states that " for the provision of curb cuts.the House because the are included under the title II regulations must be consistent not report explains, "The employment, transition pi n developed under this only with section 504 regulations but transportation,and public also with"this Act."Based on this accommodation sections of• section. (��e provision, the Department has ADA)would be meaningless if people Section 35.151 A'ew C.;astraat:on and determined that a public entity should who use wheelchairs were not afforded Alterations be entitled to choose to comply either the opportunity to travel art and Section 35.151 provides that those with ADAAG or UFAS. between the streets."Id.Section Loadings that are constructed or altered Public entities who choose to fellers 35.151(e),which establishes accessibility by,on behalf of,or for Lhe use of a ' ADAAG,however,are not entitled to requirements for new construction and public entity shall be designed, the elevator exemption contained in title . alterations,requires that all newly constructed,or altered to be readily ill of the Act and implemented in the constructed or altered streets,roads,or accessible to and usable by individuals title III regulation.at §36.461`d)for new highways must contain curb ramps or with disabilities if the constrrctt•en was construeticn and §36.404 for elteratiens ether sloped areas at any intersection commenced after the effective date of . Section 303(b)of title III states that.wi:r e. !ening cura3 Cr other barriers to entry ties part.Facilities under design on that some exceptions.elevators are not . from a street level pedestrian walkway, date will be governed by:hie section if required in facilities that are less than: end all newly constructed er altered the date that bids were invited fails three stories or have less than 3003 street level pedestrian walkways must after the effective date.This square feet per story.The section 504 have curb ramps or ether sloped areas interpretation is consistent with Federal standard. UFAS.contains no such t intersections to streets,roads,or practice under section 504. exemption.Section 501 of the ADA highways/A new paragraph(d)(2)has Section 35.151(c)establishes two makes clear that nothing in the Act,:::y been added to the final rule to clarify standards for accessible new he construed to apply a lesser standard the application of the general construction and alteration. Under to public entities than the standards requirement for program accessibility to paragraph(c).design.construction,or applied under section 504.Because tae provision of curb cuts at existing alteration of facilities in-conformance permitting the elevator exemption would crosswalks.This paragraph requires th.a a with the Uniform Federal Accessibility clearly result in application of a lesser the transition plan include a schedule • Standards(UFAS)or with the standard than that applied under section for providing curb ramps or other sloped Americans with Disabilities Act 504.paragraph(c)states that the areas at existing pedestrian walkways. Accessibility Guidelines for Buildings elevator exemption does not apply when giving priority to walkways serving and Facilities(hereinafter ADAAG) public entities choose to follow entities covered by the Act,including s'i,cll be deemed to comply with the ADAAG.Thus,a two-story courthouse. State and local government offices and requirements of this section with respect whether built according to UFAS or i 35720 Federal Register / Vol. 56. No. 144 / Friday. Lilly 20. 1991 / Rules and Regulations individuals with disabilities.This individuals with disabilities in the most (ii)Describe in detail the methods that paragraph does not— integrated setting appropriate. will be used to make the facilities (1)Necessarily require a public entity (2)Historic preservation programs. In accessible; to make each of its existing facilities meeting the requirements of¢35.150(a) (iii)Specify the schedule for taking the accessible to and usable by individuals in historic preservation programs.a stt'ps necessary to achieve compliance i with disabilities: public entity shall give priority to with this section and, if the time period A (2)Require a public entity to take any methods that provide physical access to of the transition plan is longer than one action that would threaten or destroy individuals with disabilities.In cases year, identify steps that will be taken the historic significance of an historic where a physical alteration to an during each year of the transition .ro.ert ,or historic property is not required because period;and 3 •equire a pu. is entity to to e any of paragraph(a)(2)or(a)(3)of this (iv)Indicate the official responsible i ?4 action that it can demonstrate would section.alternative methods ofresult in a fundamental alteration in the f for implementation the plan. achieving program accessibility (4)If a public entity has already ! nature of a service.program.or activity include— complied with the transition plan or in undue financial and administrative (i)Using audio-visual materials and requirement of a Federal agency 3 burdens.In those circumstances where devices to depict those portions of an regulation implementing section 504 of '" personnel of the public entity believe historic property that cannot otherwise the Rehabilitation Act of 1973, then the x : that the proposed action would be made accessible; requirements of this paragraph(d)shall #fundamentally alter the service. (ii)Assigning persons to guide apply only to those policies and t program,or activity or would result in individuals with handicaps into or practices that were not included in the undue financial and administrative through portions of historic properties previous transition plan. { burdens,a public entity has the burden that cannot otherwise be made ; of proving that compliance with accessible;or *35.151 New construction and alterations. S §35.150(a)of this part would result in (iii)Adopting other innovative (a)Design and construction.Each # such alteration or burdens.The decision methods. facility or part of a facility constructed 1 that compliance would result in such (c) Time period for compliance. by. on behalf of,or for the use of a • alteration or burdens must be made by Where structural changes in facilities public entity shall be designed and • the head of a public entity or his or her are undertaken to comply with the constructed in such manner that the designee after considering all resources obligations established under this facility or part of the facility is readily available for use in the funding and section.such changes shall be made accessible to and usable by individuals i operation of the service.program or within threeyears of Januaryt' • activity,and must be accompanied by a 26.1992. with disabilities,if the construction was written statement of the reasons for but in any event as expeditiously as commenced after January 28,1992. reaching that conclusion.If an action possible. (b)Alteration.Each facility or part of would result in such an alteration or (d) Transition plcn. (1)In the event a facility altered by.on behalf of.or for a such burdens, a public entity shall take that structural changes to facilities will the use of a public entity in a manner any other action that would not result in be undertaken to achieve program that affects or could affect the usability such an alteration or such burdens but accessibility,a public entity that of the facility or part of the facility shall. • would nevertheless ensure that employs 50 or more persons shall to the maximum extent feasible,be individuals with disabilities receive the develop.within six months of January altered in such manner that the altered . benefits or services provided by the 26.1992,a transition plan setting forth portion of the facility is readily • •ublic entity. the steps necessary to complete such accessible to and usable by individuals (• et o.s 1 e^era. • pu. is changes.A public entity shall provide with disabilities,if the alteration was entity may comply with the an opportunity to interested persons. commenced after January 26.1992. requirements of this section through including individuals with disabilities or (c)Accessibility standards. Design, such means as redesign of equipment, organizations representing individuals construction.or alteration of facilities in reassignment of services to accessible with disabilities,to participate in the conformance with the Uniform Federal buildings,assignment of aides to development of the transition plan by Accessibility Standards (UFAS) i beneficiaries.home visits.delivery of submitting comments.A copy of the (Appendix A to 41 CFR part 101-19.6)or i services at alternate accessible sites, transition plan shall be made available with the Americans with Disabilities alteration of existing facilities and for u.li i. .- •'.. Act Accessibility Guidelines for construction of new facilities.use of (2)If a public entity has responsibility Buildings and Facilities(ADAAG) accessible rolling stock or other or authority over streets.roads.or (Appendix A to 28 CFR part 36)shall be conveyances,or any other methods that walkways.its transition plan shall deemed to comply with the requirements result in making its services,programs. include a schedule for providing curb of this section with respect to those • or activities readily accessible to and ramps or other sloped areas where facilities,except that the elevator usable by individuals with disabilities. pedestrian walks cross curbs.giving exemption contained at section 4.1.3(5) ' A public entity is not required to make priority to walkways serving entities and section 4.1.6(1)(j)of ADAAG shall structural changes in existing facilities covered by the Act, including State and not apply.Departures from particular where other methods are effective in local government offices and facilities. requirements of either standard by the achieving compliance with this section. transportation,places.of public use of other methods shall be permitted A public entity, in making alterations to accommodation.and employers, when it is clearly evident that existing buildings,shall meet the followed by walkways serving other equivalent access to the facility or part accessibility requirements of§ 35.151.In areas. of the facility is thereby provided. choosing among available methods for (3) T e pans a , at a minimum— (d)Alterations:Historic properties. (1) meeting the requirements of this section. (i) Identify physical obstacles in the Alterations to historic properties shall a public entity shall give priority to public entity's facilities that limit the comply, to the maximum extent feasible. those methods that offer services, accessibility of its programs or activities with section 4.1.7 of UFAS or section programs. and activities to qualified to individuals with disabilities: 4.1.7 of ADAAG. <5 TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Street Closing DATE: 06 04 92 INTRODUCTION: On 04 21 92 , Father Michael Sauber of St. Mary' s Church requested permission to close 6th Avenue between Sommerville and Lewis from 4 : 00 p.m. on Friday, 04 26 92 until 9 : 00 p.m. on Sunday 06 28 92 for their annual parish festival. BACKGROUND: In the past, Council has directed me to deal with requests of this nature and advise them when permission is granted to close a street. In speaking with Mr. Duane Marschall about this request prior to receiving Fr. Sauber' s letter I indicated that we could not give permission to block or prevent access to private driveways. Mr Marschall indicated that access to driveways would be maintained. Closing the street as requested will not cause any other traffic safety or congestion problems. Permission was granted to close the street as requested provided no driveways are blocked without permission of the owner. ALTERNATIVES: N/A RECOMMENDATIONS: N/A ACTION REQUESTED: N/A ,...--.\ - �ii 41' - � City of Shakopee �_ J pA POLICE DEPARTMENT4.6 dip 476 South Gorman Street �. 7 SHAKOPEE, MINNESOTA 55379 AO i` C Tel. 612/445-6666 ' ": 4� Fax. 612/445-2313 Q v April 24, 1992 Father M. Sauher St. Mary's Catholic Church 535 South Lewis Street Shakopee, MN 55379-1499 Dear Father Sauber: As I recall the festival has always been planned and organized with utmost consideration for the community. Based on this I anticipate no problems with your request to close Sixth Avenue between Sommerville and Lewis Streets for the parish festival in June on the dates stated. Please be sure that no private driveways are blocked without the resident's permission. If I can be of any further assistance to help make this years festival an enjoyable experience please let me know. Sie , Tom Steininger Chief of Police X1=2- Ski .egtC :70 s47.s..-.E 0 :.0:_=- Church of St. Mary 535 South Lewis Street 17 Shakopee, MN 55379-1499 April 21 , 1992 • Chief Thomas Steininger Shakopee Police Department 476 Gorman Street Shakopee , MN 55379 Dear Chief Steininger : I am writing at the request of Duane Marschal" who had a telephone conversation with you about two weeks ago about the possibility of the closing of Sixth Avenue between Sommerville and Lewis Streets for the parish festival the last weekend in June . Mr Marschall asked that I seek the closure of the street from late Friday afternoon through about mid-evening Sunday; that is , from c . 4 : 00 PM on June 26th through c. 9:00 PM on June 28th. If there should be any difficulty regarding this , or if we should do something further to seek permission, please let Mr. Marshcall know and we will do all we can to comply. Sincerely yours, pastor 40-1 MINUTES OF THE MUNICIPAL FACILITY SURVEY DEVELOPMENT COMMITTEE MAY 27, 1992 The meeting was called to order at 7 : 00 p.m. with the following persons in attendance: Anne Siefert, Mark McQuillan, Paulette Rislund, Jane DuBois, Dick Mertz, Jim Fehring, Dave Kaufenberg, Steve Johnson, Jon Albinson, John Drees, Bill Mars, and Barry Stock. The following Committee members were absent: Bob Loonen, Bill Biget, Jim Murphy, Ione Theis, Joe Dellwo and Jim Stillman. Bill Morris and Jim Rose from Decision Resources were also present. On behalf of Mayor Laurent, Barry Stock thanked the members in attendance for agreeing to serve on the Sub-Committee. Mr. Stock stated that several weeks ago the Shakopee City Council approved funding to hire a consultant to assist this Committee in developing a survey that will be utilized to determine community facility needs and respondents willingness to pay. Mr. Stock gave a brief status report on the property south of the High School. Mr. Stock noted that last night the Shakopee School Board received a report from their Facility Needs Committee regarding future facility needs. Mr. Stock stated that the Committee did identify approximately 30 acres south of the Senior High School for future school needs. Mr. Stock expected that the School Board would at some point in time be meeting with City officials to discuss how to go about acquiring the property. Mr. Stock stated that within the last two weeks the possibility of the Sioux community pursuing a community center has gained momentum. He stated that this could have an impact on how we go about drafting our survey. Mr. Stock stated that at this time he could not report with any certainty as to whether or not the Sioux were going to pursue a community center or not. He went on to state that the scope of the community center could be anything from an ice arena to a full fledged community center comparable to Chaska ' s. Mr. Stock noted that he did attempt to gain more information on the Sioux Communities time frame and building plans but was unsuccessful. He noted that originally the Sioux Community planned to make a presentation to the Shakopee City Council at a meeting last night. However, at the last minute and at the request of the Sioux Community the item was pulled from the agenda. Mr. Mars stated that he felt that the Committee should pursue the development of their survey as if the Sioux community center was not going to proceed. He stated that since we don't know their time frame it could be months before they finally decide what type of project to pursue. Mr. Albinson stated that in light of the fiscal problems experienced by local units of government that he felt that perhaps the Sioux Community' s concept was an opportunity for inter-governmental cooperation between various taxing jurisdictions and that joint discussion and management of a comprehensive facility might have some merit. Commission Rislund stated that even if the Sioux community pursue a community center Official Proceedings of the May 27, 1992 Municipal Facility Survey Development Committee Page -2- comparable to Chaska's she doubted whether or not the facility could accommodate all of the youth needs in Prior Lake, Savage, and Shakopee. She stated that we are talking about a service area with a current population of near 40,000 persons. Mr. Kaufenberg stated that he concurred that it was necessary for all communities to work together if a joint facility is to be pursued. He stated that he was a little bit hesitant of the Sioux community running the facility for their own benefit. Mr. Johnson stated that regardless of the Sioux communities plans he felt that we needed to focus on the availability of land south of the Senior High School and the variety of other uses that the land can be used for. He felt that a key question that needed to be answered was whether or not their was support for acquiring the land at this time. He stated that he felt the land should be acquired and that given a worst case scenario the City could always sell the property in the future and cover their costs. Commissioner Mertz stated that he felt we needed a little more information on the Sioux communities plans. He stated that if it is public information that the Sioux intend to build a community center that Shakopee residents would surely question what type of resident access would be available for Shakopee residents to the community center and also what type of facilities were going to be in the facility. Mr. Mertz also stated that in regard to the property south of the Senior High School he felt we needed more information on whether or not Fuller Street was planned to extend through the property as indicated in the comprehensive plan. Discussion ensued on what approach we should proceed with in developing the survey. Mr. Bill Morris suggested that perhaps it would be appropriate for the Sub-Committee to focus on non community center issues at this time. He stated that he felt that there were other recreational type of issues that the Committee would like to have included on the survey. He suggested the committee simply start to identify areas of concern that they would like to have more information on. The following issues were listed by various members of the Committee for possible inclusion in the survey questionnaire: 1. Park Trails 2. Comments on Condition of Existing Parks 3 . Future Park Development Including Softball Fields and Neighborhood Parks 4 . Development of Levee Drive Park 5. Community Interest in Nature Parks 6 . Public Perception on Cities Reliance on Community Groups for Park Funding and Development 7 . Public Comment on Current Fees for Service Official Proceedings of the May 27 , 1992 Municipal Facility Survey Development Committee Page -3- Further discussion ensued on Levee Drive and the improvement of that park including the boat landing. Mr. Stock stated that Hifi Community Development Commission will be recommending to thc. Shakopee HRA setting aside funds to include between 10 and 20 questions within this survey that would focus on downtown revitalization. These questions might possibly include questions on Levee Drive Park since it is within close proximity to the downtown area and the development of Levee Drive Park could have an impact on downtown revitalization. Mr. Mars asked if Council had allocated any additional funds for more comprehensive community wide questions. Mr. Stock stated that at this time no additional funding has been set aside for City Council to include additional questions regarding community wide issues. He noted that Council did express some interest in possibly including several questions regarding levels of service. Ms. Rislund stated that she thought it would be beneficial to have input from Shakopee residents regarding their feelings as they relate to overall services versus taxes paid and benefits received. Mr. Mars stated that they have developed a question that does get to the bottom of where people think their tax dollars should be spent. He did however state that he felt that this was outside of the scope of the public facility questionnaire that this Committee. is trying to develop. Mr. Mars questioned where funding for that type of question could be allocated from. Mr. Stock stated that Council would have to approve funding from the general fund or th:-•. contingency appropriation account to expand the survey to cover the type of question expressed by Mr. Rislund. Mr. Stock questioned whether or not Mr. Morris could prepare potential questionnaire on all the issues presented this evening and possibly cut back those questions that Council is not interested in funding. Mr. Morris stated that he could prepare a questionnaire encompassing all the issues expressed this evening. Mr. Albinson stated that he felt the 1990 Comp Plan did a satisfactory job in identifying community goals and objectives through the year 2000. He stated that in his opinion that the Committee at that time did a thorough job in trying to respond to many of the comprehensive issues that are being discussed for possible inclusion in this survey. He stated that the results of the 1990 comp plan in his opinion were valid and provided a sound track for development. Ms. DuBois concurred but stated that she felt it would be beneficial if we got a better understanding of what people feel Shakopee' s vision is for the future. Mr. Morris stated that he would be happy to prepare a survey that could be cut back at a later date in terms of the number of questions asked. Discussion then ensued on the facilities that might be included r a community center. The following facilities were listed possible items to be listed in a community center: Official Proceedings of the May 27, 1992 Municipal Facility Survey Development Committee Page -4- 1. Indoor Leisure Swimming Pool 2 . Exercise Fitness and Weight Room 3 . Racquetball Courts 4 . Indoor Running/Walking Track 5 . Gymnasium Space 6. Senior Citizen Activity Room 7 . Kitchen and Kitchenette 8 . Youth Center 9 . Day Care Center 10. Meeting Room Space 11. Ice Arena Mr. Mars stated that from the information generated this evening he would develop a preliminary draft survey for the Committee' s review. Mr. Stock stated that he hoped to obtain greater information on the Sioux Community' s plans prior to our next meeting. It was the consensus of the Committee to meet on Wednesday, June 17th at 7 : 00 p.m. in the City Council Chambers to continue discussion and development of the survey. The meeting adjourned at 9 : 10 p.m. Barry A. Stock Recording Secretary # 5 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Execution of Personal Services Contracts DATE: June 2, 1992 I understand that the City is implementing a new procedure whereby temporary employees are asked to sign a personal services contract with the City. The contract simply states what the City will do, what the employee will do and that the parties agree that the employee will not receive benefits and may be terminated at will. Normally, City Council authorizes City officials to sign contracts. Recently City Council authorized City officials to enter into contracts for previously budgeted items when the amount thereof does not exceed $5, 000.00, without further City Council approval. City Council, on April 7, 1992, authorized the City Administrator to advertise and hire budgeted part time/seasonal employees as deemed appropriate. Part time/seasonal employees include pool employees, Public Works employees, Recreation Department employees and a Building Inspector. The catch 22 is the fact that the Building Inspector and the Public Works Inspector will in fact be working sufficient hours to create compensation in excess of $5, 000.00. It is the opinion of the City Attorney that hiring of budgeted part time/seasonal employees has been authorized by the City Council and the execution of the personal services contract is simply an extension of that authorization, that formal action authorizing execution of a contract is not necessary. Based on this opinion, I plan on signing the personal services contract for the Building Inspector and Public Works employee, (as well as future similar employees) unless advised otherwise. OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENT AND APPEALS Regular Session Shakopee, Minnesota June 4 , 1992 MEMBERS PRESENT: Spurrier, Joos, Mars, Kelly, Zak MEMBERS ABSENT: Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Dave Hutton, Public Works Director Aggie Unze, Recording Secretary I. ROLL CALL Chairman Mars called the meeting to order at 7 : 30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF MAY 7, 1992 MEETING MINUTES The meeting minutes were approved as presented with Commissioner Spurrier abstaining due to his absence at the May 7 , 1992 meeting. IV. RECOGNITION OF INTERESTED CITIZENS Chairman Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: VARIANCE FROM THE SIDE YARD SETBACK/KURVERS Chairman Mars opened the public hearing to consider a variance from the side yard setback at 1197 Jackson Street. The Assistant City Planner, Terrie Sandbeck, stated that the applicant, Mr. Steven Kurvers, was requesting a 4 ' variance from the 10 ' side yard setback within the R-2 zoning district. Mr. Kurvers ' home was constructed in 1977. At that time, the side yard setback within the R-2 zone was 10 ' and 5 ' . The existing structure was built with a 6 foot side yard setback from the northern lot line. The applicant is proposing to construct a 22 ' by 24 ' addition onto the rear of the existing garage. Since the garage is located 6 feet from the lot line and within the 10 ' side yard setback, he is requesting a 4 ' variance in order to align the addition up with the existing garage. Ms. Sandbeck went on to state that the applicant does not have sufficient room to allow adequate vehicle access to Minutes of the Page - 2 Board of Adjustments and Appeals June 4, 1992 the back yard to allow him to build an accessory structure there. Ms. Sandbeck reported that staff comments recommended approval of the variance and no opposition to this request has been received. Commission Spurrier questioned if the addition needs a variance since the home is nonconforming. The City Planner, Lindberg Ekola, stated that the present side yard setback is 10 ' and to build the addition 6 ' from the side yard lot line requires a 4 ' variance. Chairman Mars asked the applicant to come forward. Steven Kurvers, 1197 Jackson Street, came forward. None of the Commissioners had questions of the applicant. Chairman Mars asked for any public comments. There were none. Motion: Spurrier/Zak moved to close the public hearing. Vote: Motion carried unanimously. Motion: Zak/Joos moved to offer Resolution No. PC-636, a resolution granting a 4 ' variance to the required 10 foot minimum side yard setback in the R-2 zoning district. Commissioner Spurrier asked if there were any easements. Ms. Sandbeck stated that no easement on the northerly side yard was shown on the survey. Commissioner Joos, for clarification, questioned if the addition was proposed to be added straight back off the existing garage. Ms. Sandbeck answered in the affirmative. Chairman Mars called the question. Vote: Motion passed unanimously. Chairman Mars informed the applicant that there was a 7 day appeal time, where he could appeal the decision of the Planning Commission to the City Council. The City Planner further explained that anyone, not just the applicant, had the right to appeal the Planning Commission decision to the City Council and as a result, the Building Permit could not be issued for 7 days after the public hearing. Minutes of the Page - 3 Board of Adjustments and Appeals June 4, 1992 VI. PUBLIC HEARING: VARIANCE TO THE REQUIRED STREET SIDE YARD SETBACK FOR A FENCE AT 971 SWIFT STREET/UNSETH Chairman Mars opened the public hearing. The Assistant Planner explained that the applicants, Andrew and Eliane Unseth, were requesting a 20 ' variance to the street side yard setback in order to construct a fence on their lot line. Ms. Sandbeck went on to explain that on a corner lot the City Ordinance requires the property owner to stay back 20 ' from the lot line on the side street if they intend to construct a fence over 3 ' in height. Ms. Sandbeck stated that one of the reasons for the setback is to keep a clear view for motorists. She also stated that the boulevard is 28 feet in width on the 10th Ave. side. If the variance were approved, the fence would be approximately 28 feet from 10th Ave. However, Ms. Sandbeck went on to explain that 10th Avenue right-of-way is 100 ' in width and the street is only 44 feet wide. The section of 10th Ave. east of CR 17 is designated as a local street in the Comprehensive Plan and typically the required right-of-way is 60 feet for local streets. She suggested that the commission may wish to consider the vacation of a portion of the right-of-way for 10th Ave. east of CR 17 , since it is dead-ended and will remain a local street rather than become a collector street as was once thought possible. Commission Spurrier asked if the height limitations were only on fences. The City Planner answered in the affirmative, since structures were not allowed to be constructed in the 20 ' street side yard setback. Commission Spurrier questioned if there were any easements along Swift St. and 10th Ave. Ms. Sandbeck stated there were none shown on the survey. Mr. Ekola stated that the survey was from the Building Permit issued in the 70 ' s or 80 ' s. Chairman Mars asked what the normal right-of-way width was. Mr. Ekola stated the right-of-way on local streets is 60 ' with a 36 ' street construction width. At this location, 10th Ave. has a 100 ' right-of-way with a 44 ' street construction width. Chairman Mars questioned, for clarification, if a 3 ' fence in the street side yard setback would need a variance. Minutes of the Page - 4 Board of Adjustments and Appeals June 4, 1992 The City Planner answered in the negative. Commissioner Spurrier questioned if the right-of-way might be so large due to there being no easements along 10th Ave. The City Planner explained that the 10 ' , 17 ' and 20 ' right-of- way being returned to the property owners would result in having sufficient room for easement purposes. Commissioner Spurrier questioned if it wouldn't be difficult to install sidewalks and maintain easement room if the right- of-way was decreased. Chairman Mars questioned what the City Engineer wanted on local streets. Dave Hutton, the City Engineer, stated that with a 44 ' wide street he would favor an 80 ' right-of-way, 60 ' is not enough. Sixty-six feet is not a standard right-of-way width and he would have to take another look at the location to consider 60 ' . Andy Unseth, 971 Swift St. , the applicant came forward to explain his request for the variance. He stated that he and his wife have two children and operate a daycare facility. He stated that the 20 ' portion of their yard was more open and useable for the children and would give them a larger play area. The fence would protect them from the street. He cited areas throughout the city where trees are more detrimental to motorist vision than their chain link fence would be. He also pointed out that the one driveway on the 10th Ave. side of his lot was used for boat storage and rarely used. He felt that he was being deprived the privilege of using his lot in comparison to his neighbors who could fence 80 ' of their back lots compared to only 60 ' of his backyard. He also cited areas where 4 ' , 6 ' and higher hedges are existing and he felt they were aesthetically less pleasing than his fence would be. Chairman Mars questioned if the applicant would lose approximately 20 ' of fenced in area. Mr. Unseth stated that he would lose 1200 sq. ft. of fenced-in yard. Chairman Mars questioned if he were to gain 10 ' of right-of- way if that would be satisfactory. The applicant stated he preferred the 20 ' variance to the 10 ' of right-of-way. Minutes of the Page - 5 June 4, 1992 Board of Adjustments and Appeals Commission Spurrier stated that if the commission were to allow the variance, no particular hardship could be proven and the commission would be conferring a special privilege on the applicant than would not be allowed to other corner lot property owners. The commission would be better off initiating the vacation of a portion of the 10th Ave. right- of-way. This would solve the problem for everyone along 10th Ave. Commissioner Joos questioned what part of the 10th Ave. right- of-way would be decreased. Ms. Sandbeck stated it would be 10th Ave. from Swift St. to the mid-block area before Merrifield St. Chairman Mars questioned if it was definite that 10th Ave. in this area would never become a collector street. Commissioner Spurrier stated that it was boxed in and could never become a collector. Chairman Mars wanted to make sure that others with fence problems would request vacations of their right-of-ways. Commissioner Kelly stated that he felt this situation was calling out for a variance. There was no line of sight problem. Perhaps a condition could be placed on the variance that in the event there were utility problems, the variance could be rescinded. He hesitated giving up the right-of-way because once its given up it can never be recovered. Furthermore the vacation is not wanted by the applicant. He felt this should be looked at more closely. Commissioner Spurrier stated that the original vision for 10th Ave. was that some day it would run through to the east side of the City. The construction of JEJ addition changed that and it will never go through now. The only problem he sees in the vacation of part of the right-of-way is sidewalks. He still feels there is no technical hardship proven. Chairman Mars stated that the vacation will also help others in the area, thus not showing preferential treatment to this applicant. Motion: Joos/Zak moved to close the public hearing. Vote: Motion carried unanimously. Motion: Joos/Spurrier moved to offer Resolution No. PC-637 , denying a variance to the required 20 ' maximum street side Minutes of the Page - 6 Board of Adjustments and Appeals June 4, 1992 yard setback to construct a fence over three feet in height in the R-2 zoning district. Commissioner Kelly asked what the mechanics of a vacation process were. The City Planner stated that the Planning Commission should request the City Council to set a public hearing date to consider the vacation. Commission Joos asked for the time frame for the process. Mr. Ekola stated between six and eight weeks. Chairman Mars suggested that the applicant build a temporary fence at the 20 ' setback line until the vacation process is completed. The applicant questioned if he might be allowed to build it within the 20 ' setback and then move it back if the vacation fails. The City Planner answered in the negative. Vote: The question was called with Commissioners Zak, Spurrier, Joos, Mars voting yes and Commission Kelly voting no. Chairman Mars stated the variance request has failed. Motion: Zak/Spurrier moved to request the City Council to consider the maximum vacation of the 10th Ave. right-of-way. Vote: Motion passed unanimously. Chairman Mars reminded the applicant that he has 7 days to appeal the decision of the Planning Commission to the City Council. VII. PUBLIC HEARING: VARIANCE TO THE MAXIMUM SIGN SIZE FOR A TEMPORARY SIGN AT THE FUTURE SITE OF BRAMBILLA MOTORS Chairman Mars opened the public hearing. The City Planner stated that the applicant, Jack Brambilla, wished to withdraw his request for the variance. Mr. Rod Krass, the applicant' s attorney, stated that Mr. Brambilla wished to withdraw his request for a variance from the maximum size for a temporary sign at his new site for Minutes of the Page - 7 Board of Adjustments and Appeals June 4, 1992 Brambilla Motors and that the public record should show the application' s withdrawal. Motion: Spurrier/Zak moved to close the public hearing. Vote: Motion passed unanimously. VIII.OTHER BUSINESS None IX. ADJOURNMENT Chairman Mars moved to adjourn the Board of Adjustment and Appeals. Motion carried unanimously. OFFICIAL PROCEEDINGS OF THE PLANNING COMMISSION Regular Session Shakopee, Minnesota June 4, 1992 MEMBERS PRESENT: Spurrier, Joos, Mars, Kelly, Zak, MEMBERS ABSENT: Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Dave Hutton, Public Works Dir. Aggie Unze, Recording Secretary I. ROLL CALL Chairman Joos called the meeting to order. Roll call was taken as noted above. II. APPROVAL OF THE AGENDA The agenda was approved as presented. III. APPROVAL OF MAY 7, 1992 MEETING MINUTES The meeting minutes of May 7 , 1992, were approved as presented. Commissioner Spurrier abstained from the vote as he was not present at the May 7, 1992 , meeting. IV. RECOGNITION OF INTERESTED CITIZENS Chairman Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. CONTINUED PUBLIC HEARING: PRELIMINARY PLAT OF MARKET PLACE Chairman Joos opened the public hearing. Lindberg Ekola, the City Planner, reminded the Planning Commission that this public hearing was continued from the last meeting to allow the applicant time to produce a revised preliminary plat illustrating changes to the alley, Outlot A, and the area north of the alley. He reviewed the irregular shape of the 3 . 03 acre parcel, including part of an abandoned railroad being platted, and expressed concern for the future development of Outlot A. The applicant is proposing to create six lots and one large outlot. He expressed concern over the limited access available to Outlot A and recommended that lot 6 be eliminated from the plat to reserve access to this outlot. Mr. Ekola stated that the revised preliminary plat labels the narrow strip of land between the proposed alley and the properties to the north of the plat as Outlots B, C, and D. The applicant intends to transfer these outlots to the adjoining lots to the north. Minutes of the Page - 2 Shakopee Planning Commission June 4,1992 Commissioner Spurrier questioned if the alley was a platted area. Mr. Ekola stated it would be after this plat approval. Now it is used as an access road. Dave Hutton, the City Engineer, stated that this alley is maintained by the City. Commission Spurrier asked if the alley can be aligned. It appears to encroach on adjacent property. Mr. Hutton stated that all alleys are intended to be in the center of the right-of-way but that gravel alleys don't always stay there. Commissioner Spurrier questioned if it would be a problem to align the alley in Outlot A when it is developed. Mr. Hutton pointed out that the alley adjacent to the north side of Lot 1 and Outlot A is already existing. If the alley is paved, it will be designed to be centered. Dave Rutt, 630 E. 4th Ave. , the developer, stated that the reason the alley is not totally centered is due to a power pole that is in the way. Mr. Rutt went on to explain that the 63 ' on 4th Ave. meets the minimum lot width for access to Outlot A. The Outlot is not buildable at present, but will be maintained. He requested that lot 6 not be included as a part of Outlot A, as it is needed to make the plat financially feasible to develop. Mr. Rutt further proposed the possibility of a cul-de-sac off of 4th Ave. across from Main St. He showed a sketch of the possibility of future development for the block. The debris on lot 6 will be cleaned up if it is included into the plat. Mr. Rutt also explained how he squared off the property north of the proposed alley and intends to give odd parcels to the landowners to the north. Addressing the issue of capping a possible well on the property, Mr. Rutt stated that the former house on the site had city water in 1950 and that he felt if there was a well, the former owner, the City, should have been responsible for capping it. Mr. Rutt requested approval of the plat, admitting that there are some irregularities, but the parcel and abandoned railroad created an irregular parcel and he is trying to improve the area and put six lots on the tax rolls. He felt this was improving the area and benefiting the City. Commissioner Joos asked if Lots 1 and 2 could already be extended into Outlot A as Mr. Rutt had shown on one of his Minutes of the Page- 3 Shakopee Planning Commission June 4,1992 sketches that showed the development of the whole west end of the block. Mr. Rutt answered that he was advised to do it this way. He originally had them extended. Commission Spurrier referred to an area at 10th Ave. and Marschall Rd. that was also hard to develop due to the irregular shape of the parcel. Could this plan be used here? The City Planner stated that it depended on when the parcel was platted. It is possible it could have been done as a Planned Unit Development. Commissioner Mars complimented the applicant for his effort in developing this irregular parcel. At the last meeting he thought the applicant didn't wish to buy the parcel to the west with in the block. The applicant stated that he couldn't buy what the owner didn't wish to sell. Commissioner Mars again questioned what the applicant' s plans were for Outlot A. Mr. Rutt stated that with future development part of it could be added to Lots 1 and 2 . Commissioner Spurrier questioned why staff recommended removing lot 6 from the plat. He felt it was properly placed, with its lot line running continuous with the Main St. right- of-way. Motion: Zak/Mars moved to close the public hearing. Vote: Motion carried unanimously. Motion: Spurrier/Mars moved to recommend approval of the preliminary plat of Market Place to the City Council, subject to following 10 conditions, eliminating the condition recommended by staff which removed lot 6 from the plat: 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. Minutes of the Page - 4 Shakopee Planning Commission June 4,1992 b. Electrical system shall be installed in accordance with the requirements of SPUC. c. Water system to be installed in accordance with the requirements of SPUC. d. Storm sewer and sanitary sewer systems shall be installed in accordance with the requirements of the Design Criteria and Standard Specification of the City of Shakopee. g. Cash payment in lieu of park dedication shall be required. If the developer wishes to defer the park dedication fee to the time of the building permit for each lot, he shall submit a letter requesting such a deferment with the application for final plat approval. h. No building permits shall be issued for Outlot A. 3 . The applicant shall transfer Outlots B, C, and D to the adjoining parcels to the north. No building permits will be issued for these outlots unless they are combined with the parcels to the north. 4 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 5 . The final plat must show all drainage and utility easements around the lot lines. 6 . Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures. 7 . No access from 4th Avenue will be permitted. 8 . If it is determined that a well continues to be located on the property contained within the proposed plat, the well must be capped according to state standards. 9 . All buried debris excavated during the construction of any buildings shall be hauled to a landfill. 10. A soils engineer shall approve all building sites if any fill is used in areas where structures will be constructed. Vote: Motion carried unanimously. Minutes of the Page- 5 Shakopee Planning Commission June 4,1992 The City Planner informed the applicant that the Planning Commission recommendation would go to City Council at their June 16, 1992, meeting. VI. CONTINUED PUBLIC HEARING: MAPLE TRAILS ADDITION The City Planner reviewed the letter from Laurent Builders requesting that the Planning Commission table their decision on the proposed Maple Trails subdivision. The applicant wishes more time to complete a revised plat. Motion: Mars/Zak moved to continue the public hearing on Maple Trails subdivision to the next Planning Commission meeting. Vote: Motion carried unanimously. VII. CONTINUED PUBLIC HEARING: PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT OF DALLES TOWNHOME ADDITION/DAHLRE Mr. Ekola updated the Commission on the preliminary and final planned unit development (PUD) of Dalles Townhome Addition. The proposed development covers 26 . 6 acres and is located south of Vierling Drive and east of Marschall Rd. The site is currently zoned R-3 . The applicant is requesting approval to construct 12 structures, each containing 4 dwelling units. Noise impact is a concern for the subdivision, the City Planner continued. The PCA standard suggests the noise reading should not exceed 55 dBA. However, the Subdivision Regulations do not match that requirement. It allows a maximum of 70 dBA reading. The applicant' s consultant, Howard Needles Tammen & Bergendoff, forecast a 58 dBA reading for the development area. Further recommendations to handle the noise issue are the use of a barrier from 0 ft at the west end to 8 ft. at the east end above the existing ground at the property line, notify potential buyers of the potential noise, use 2"x6"s with full insulation, insulate windows, and install air conditioners in each unit. Commissioner Spurrier felt the subdivision was meeting today' s standards and that the commission couldn't expect the developer to meet future standards. The PUD appears more stringent than the usual plat process. Mr. Ekola stated that a PUD allows more latitude. Commissioner Spurrier stated that he approved of all the conditions except for the one which would require a notice to be filed with the property deed requiring the owner to be responsible to construct a sound wall in the event the noise Minutes of the Page- 6 Shakopee Planning Commission June 4,1992 impact is greater than expected. He felt the commission did not have the right to dictate future financial burdens for owners, nor to dictate the quality of life the owners wish to accept. Commissioner Mars clarified that the difference in height of the berm had an impact of 3 dBA which, if he was reading the chart right, was barely perceptible. Commissioner Mars stated that he felt the sound studies of today are very good and if 60 dBA is over the PCA recommendations but was still within the City Ordinance requirements, that it was unfair to make the developer build a wall years from now because the traffic triples. The judgement is made now with the forecasted information we have available. Commissioner Zak stated he was reasonably comfortable with the sound level projected. Commissioner Spurrier questioned if the berm on the highway right-of-way was a 4 to 1 slope. Mr. Ekola answered in the affirmative. Commissioner Mars questioned if it would be a seeded, grass berm. The City Planner stated that it would be and the applicant has submitted a Landscaping Plan. The applicant, Dale Dahlke, 1279 Limestone Drive, stated that he has learned very much about noise control in working with this plat. He wished to emphasize to the Commission that the 55 dBA reading at 6: 30 a.m. was the projected reading from the area when one was standing outside the buildings. He stated that after all the extra construction preventive measures were installed in the buildings, the reading should be much lower inside the structures. He went on to state that the readings are higher than that in other areas of the city, such as 10th Ave. and CR 17 . Mr. Dahlke stated that the gas company is agreeable to moving either of the gas lines located within the PUD area. The gas company did not wish to take formal action until the PUD was approved. The applicant requested that staff would offer him some consideration in calculating the park dedication fees on the PUD since there are large amounts of open space and outlots. Minutes of the Page - 7 Shakopee Planning Commission June 4, 1992 Mr. Dahlke confirmed that the berm would have shrubs and ground cover as illustrated in his Landscape Plan. He added that it would be maintained by the Homeowners Association. Commissioner Spurrier noted the camper parking area and that the plan didn't show that it would be paved. He felt that an unpaved area like this would encourage problems. Mr. Dahlke stated that he did plan on paving the camper parking area. Commissioner Spurrier asked the applicant if he opposed the paving as a condition to the approval. The applicant stated he had no problem with that. The City Planner noted that it was already included in Condition # 7 . Motion: Zak/Mars moved to close the public hearing. Vote: Motion passed unanimously. Motion: Mars/Zak moved to recommend to the City Council approval of the preliminary and final Planned Unit Development for Dalles Townhome Addition, subject to following 13 conditions: 1. The developer shall construct a continuous noise mitigation barrier along the south side of the site to reduce the noise impact from the TH 101 Bypass upon the development, as recommended by the noise consultant, Howard, Needles, Tammen and Bergendoff. The maximum nighttime sound level shall be 58 dBA (L10) . 2 . Documentation of an agreement with Minnegasco to relocate the existing northerly gasline must be submitted to the City prior to preliminary plat approval. The northerly gasline must be relocated along the north and east boundaries of the development prior to construction on Blocks 9, 10, 11 and 12 . 3 . Approval of the preliminary and final development plans is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures. 4 . A plan for the developer to meet the park dedication requirement, utilizing cash payment in lieu of land dedication, must be submitted prior to the approval of Minutes of the Page - 8 Shakopee Planning Commission June Al,1992 the preliminary plat. If the developer is planning to request a deference of the park dedication requirement until the time of the issuance of a building permit for each lot, he shall submit a letter requesting the deferral to staff with the application for preliminary plat approval. 5. The developer shall be responsible for grading of the plat as shown in the grading and drainage plan as approved by the City Engineer. 6 . The Homeowners Association will be responsible for all common water and sewer utilities located within the Planned Unit Development. 7 . All driveways, private streets, and parking areas must be surfaced with bituminous asphalt or concrete. 8 . Execution of a Development Agreement for the construction of the required public improvements; prior to recording of the final plat: A. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. B. Street lighting shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C. Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. D. Sanitary sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. E. 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. F. Cash payment in lieu of a land park dedication shall be required for each lot. G. A 5 foot sidewalk along the south side of Vierling Drive and the connecting sidewalks on each side of the private driveways leading to the site. 9 . The developer shall sign and record an agreement identifying the possible noise impacts created by the TH Minutes of the Page - 9 Shakopee Planning Commission Jame 41,1992 101 Bypass for each property within the planned unit development. 10. The applicant shall construct all units at grades as identified on the revised Final Development Plan. All units shall be limited to one story in height. 11. The applicant shall construct all units out of 2"x6" type construction (exterior walls) with fully insulated walls and windows. 12 . All dwelling units in the development shall be provided with air conditioning units. Vote: Motion carried unanimously. Chairman Joos recessed the Planning Commission at 9 : 18 p.m. The Planning Commission reconvened at 9 :25 p.m. VIII.PUBLIC HEARING: CONDITIONAL USE PERMIT TO ALLOW RETAIL SALES AND RENTALS OF MOTOR HOMES IN I-2 DISTRICT/BRAMBILLA Chairman Joos opened the public hearing. The City Planner presented the staff report, stating that the applicant, Jack Brambilla of Brambilla Motors, is proposing to conduct retail sales and rentals of motor homes on a 10 acre portion of a 16. 833 acre lot. Currently the parcel is owned by Twin City Tile & Marble of Minneapolis. The site is zoned Heavy Industrial (I-2) . A recent amendment to the City Ordinance, adopted April 21, 1992 , added retail sales and rental of recreational vehicles to the list of conditional uses in the I-2 district. The applicant is proposing to construct a 2-story office and warehouse structure. The applicant' s submittal also proposes a structure along the west property line. City Code prohibits accessory structures within the I-2 zone. If the applicant desires to construct a second building, it is suggested that the applicant process a minor subdivision, splitting the parcel into two or more lots. However, the conditional use permit would only apply to the original lot. The second lot (or lots) would be subject to the I-2 uses only, such as warehouse use. The City Planner further pointed out that a revised site plan would have to be provided with the Building Permit. The new site plan must show the display area outside of the setback area. The long term and short term storage areas must have Minutes of the Page -10 Shakopee Planning Commission June 4,1992 dust control. Mr. Ekola reviewed several other requirements, such as acceptable building materials, curb cuts, no chain link fencing, signage, required parking and the review process for the conditional use permit. Commissioner Mars questioned the building signage exceeding the roof line. Mr. Ekola stated the applicant has already addressed that issue and is willing to correct it. Discussion ensued on the paving of the long term parking area. Commissioner Spurrier was concerned over the leakage of fluids from the stored RVs on the long term parking area. He stated that the runoff is very different on pavement verses dirt. Paving would also solve the dust control problem. The City Planner pointed out the paved areas on the plans. Commissioner Mars questioned the counts on the parking stalls. Mr. Ekola stated there is projected to be 15-20 customer parking stalls and 12 employee stalls. Commissioner Zak asked if Northstar' s lot was gravel or paved. Mr. Ekola stated he believed it was all paved. Commissioner Zak questioned if the Backstretch RV park was completely paved. The City Planned thought it was completely paved. Commissioner Zak stated that he thought fluid runoff was a concern at the time the Backstretch RV park was developed. He wanted to protect the groundwaters and treat all entities the same. Chairman Joos stated he had no problem with Brambilla Motors taking in trade-ins, but didn't want it to turn into a used car lot. Could the commission put a limit on the number of cars they were permitted to park on the site? The City Planner stated the applicant had some numbers and would refer to this issue in his presentation. Commissioner Spurrier asked if the conditional use was just for the applicant or did it continue with the property. Mr. Ekola stated it went with the property. Rod Krass, Jack Brambilla' s attorney, pointed out the paved areas immediately around the building. He went on to state Minutes of the Page-11 Shakopee Planning Commission June 41,1992 that he long term storage areas are not proposed to be paved because the heavy RV vehicles would sink into the pavement. They proposed to use calcium chloride 3 times a year or as specified. They would use a Class 5 surface for the long term storage areas. Mr. Krass went on to state that the applicant is proposing to subdivide the 10 acre parcel into a 7 acre and two 1 1/2 acre lots. The total parcel could possibly be subdivided into four lots. He stated that the applicant is aware that the CUP would only apply to the original lot. As to the issue of trade-ins, Mr. Krass stated that his client would like to know himself how many to expect. Mr. Brambilla doesn't know when they're coming or how long it will take to sell them. Some might be used RVs and others may be used cars. This makes it very difficult to label parking stalls for used cars verses used RVs. A limitation on numbers of used vehicles would also restrict the applicant' s business. The applicant would be more than willing to report yearly on the number of trade-ins, or more often if desired, giving the license numbers and serial numbers of all vehicles taken in on trade. Mr. Krass requested that the applicant be allowed to keep options open on using berming instead of fencing. As to the parking stalls, Mr. Krass stated that they are projecting 11 customer stalls, 11 employee stalls, 26 rental display stalls, and 102 storage stalls, equaling 150 parking stalls. Commissioner Mars asked why there isn't a problem with storing the rental RVs on pavement. Mr. Krass stated that they move more and don't sit for long periods of time. Commissioner Spurrier stated there is no damage done to the city parking lots with long term parking. If it is a quality bituminous surface, it shouldn't hurt it. Commissioner Zak questioned why damage isn't done at the Backstretch RV park where RVs sit all summer? Mr. Brambilla stated that they are on a concrete pad and there are grassy areas in the park. Commissioner Mars commented on the Landscape Plan and asked if the applicant would maintain the grass. Minutes of the Page-12 Shakopee Planning Commission June 4,1992 Mr. Brambilla answered in the affirmative. Chairman Joos read a letter from Steven L. Korte, Vice President of Operations at the Conklin Company, 551 S. Valley Park Dr. Mr. Korte requested that his letter be made a part of the permanent record. Dear Lindberg: I am unable to attend the meeting of the Shakopee Planning Commission on June 4, 1992. I would like to have this document communicated and made part of the permanent record relative to the proposal for conditional use permit to conduct a retail sales and rental of motor homes within the I-2 zoning district. Resolution No. PC-638. Our concerns are minimal and we feel they can be very easily addressed. CONSIDERATIONS Item 4 -We feel additional structures on this lot are inappropriate with I-2 zoning and support the recommendation of staff that a conditional use permit be required. Item 5 - We support staffs recommendation that a 40 foot setback with landscaping be maintained along Valley Park Drive. Item 8 - We strongly support staff recommendation that all parking and outside storage areas be paved. With winds typically moving in a West to East direction, our plant would be directly in line with any dust generated from gravel surfaces. This would have a very detrimental impact on our heating and ventilation systems as well as our replacement air equipment used in our Production facility. We have had similar experiences in other areas and have found no dust control processes which adequately contain gravel surfaces. Item 9 -With the number of lots with frontage on Valley Park Drive which may be subdivided in the future, we fell continuing the precedent of two curb cuts per lot is inappropriate for future planning. There could be twelve additional curb cuts on Valley Park Drive as these lots are developed. We would recommend that at least one and preferably both curb cuts be relocated to Valley Industrial Boulevard North. We also question the safety of individuals recently purchasing a new motor home or taking a motor home for a test drive having access to a major collector street. It seems that Valley Industrial Boulevard North would be a more appropriate access. Item 12 - We understand that the signage for this facility will be affixed to the building wall and an additional sign will be 66 square foot on a free standing 20 foot high pole. Our only concern is that the signs maintain the aesthetics of the Industrial Park. By way of explanation the signs of a retail establishment may look very different than the signs of an industrial Minutes of the Page-13 Shakopee Planning Commission June 4,1992 establishment. We feel that within this industrial setting, the needs of the Industrial Park are paramount. Lindberg, we also wish to go on record as taking exception to your "findings" 1,2,5,6,7, 8,and 9. Over the last ten months your past recommendations to the Planning Commission and City Council all took exception to the criteria. Just because the City Council has approved this conditional use permit does not mean that the criteria or the findings are different. It merely means that the council is willing to override the Planning Commission and ask that you forsake good planning. I appreciate your consideration of Conklin views. Respectfully, Steven L. Korte Vice President of Operations Mr. Jon Albinson, 5276 Industrial Blvd. South, representing the Industrial Park, stated that the parcel in question borders the property he represents on the west and south sides. He questioned if Mr. Brambilla would be required to go through the platting process to subdivide the parcel. Mr. Ekola stated that the City Ordinance allows an administrative minor subdivision for 5 lots or less. Mr. Albinson agreed with staff on the landscaping and encouraged no encroachment into the setback. He would prefer a 50 ' street side yard setback, but the City Ordinance only requires 40 ' . As far as the paving, Mr. Albinson stated that bituminous surfacing was imperative due to fluid leakage and dust control. Dave Hutton, the City Engineer, stated that the amendment to the ordinance specifies that parking and storage areas "shall be paved with a material to control dust and drainage" . There are only two methods of paving, bituminous and concrete. Mr. Albinson stated he was disappointed with the City Engineer' s decision to allow two curb cuts on Valley Park Dr. He would have preferred one on Valley Park Dr. and one on Valley Industrial Blvd. North As to the signage and catch basin plans, Mr. Albinson found no problems. Mr. Albinson did take issue with the City Planner' s findings Minutes of the Page -14 Shakopee Planning Commission June 4,1992 that the use was not in conflict with the City' s Comprehensive Plan. Commissioner Spurrier suggested that the conditional use permit limit the number of accesses onto Valley Park Dr. as a condition of the permit. Mr. Krass stated that once the parcel is subdivided the conditional use permit does not apply to the other parcels, and therefor the conditions do not apply either. David Darrell, 4812 Larkspur Lane, Edina, architect for the applicant explained the canopy and the building design. Further discussion ensued on the driveway issue as it related to the subdivision of the parcel. Dave Hutton explained the two driveways are the maximum allowed, not promised. This issue will be investigated more thoroughly at the subdivision phase. Mr. Ekola requested that the applicant identify the storage areas for the long term used vehicle parking. Mr. Krass stated they don't know exactly where it will be. Mr. Brambilla stated some will be inside the building, some outside, depending on the size of the used vehicles. RVs range in lengths anywhere between 18 ' and 42 ' . This makes it very difficult to identify the size and number of parking areas. Mr. Albinson suggested that the definition of paving be interpreted by the City Council and added to the ordinance. Greg Henning, P.O. 292 , Shakopee, engineer for the applicant, stated that Class 5 is what he recommends for the long term storage area. Landy' s Camping and Case Power have it on their sites and Conklin has a gravel surface to the rear of their building. The City Planner suggested that Condition 3d identify paved surfaces as "bituminous or concrete" . Motion: Zak/Mars moved to close the public hearing. Vote: Motion carried unanimously. Motion: Spurrier/Mars moved to approve Conditional Use Permit No. PC-638, as amended, adding the clarification to paving as bituminous or concrete. Approval was subject to nine conditions: Minutes of the Page -15 Shakopee Planning Commission June 4, 1992 1. The site is currently owned by Twin City Tile & Marble of Minneapolis. The applicant shall submit an application signed by the current property owner prior to the release of the conditional use permit. 2 . The applicant shall receive approval for a Minor Subdivision from the City of Shakopee to separate the northern 10 acres of the site from the 16. 833 acres currently contained in Lot 1, Block 4 , Valley Park 1st Addition. If the applicant desires a second structure, a separate lot will need to be created. 3 . The applicant shall submit a revised site plan which includes the following changes: a. Show and label all lot lines and dimensions. b. Provide a 40 foot setback along Valley Park Drive. Remove all display areas from the required setback. c. Provide lot coverage calculations for each lot. d. Provide paved, bituminous or concrete, surfaces for all parking and outdoor storage areas. e. Provide required parking calculations on the plan. Label all customer and employee parking areas and display areas. f. Provide a detail of the fences to be constructed on the site. All fences must be constructed in accordance with the Zoning Ordinance requirements. 4 . Signage is limited to one freestanding sign and one wall sign. All wall signage must be mounted to a wall surface and not extend above the roof. The freestanding sign must be relocated out of the public easement. 5 . No temporary structures are allowed on the site. 6 . A sump-skimmer catch basin shall be installed at catch basin no. 2 to provide protection from silt and floatable oil and debris from entering the City storm sewer system. 7 . Additional erosion control silt barriers, as approved by the City Engineer, shall be placed on the north side of the project to ensure that erosion does not reach Valley Industrial Boulevard North. 8 . The conditional use permit allows the retail sales and rental of recreational vehicles licensed by the state. As an accessory use, the applicant may also sell vehicles taken in on trade for the sale of a recreational vehicle. The applicant shall submit a list to the City of used vehicles sold on an annual basis (June 1st of each year) . Minutes of the Page -16 Shakopee Planning Commission June 4, 1992 9 . The Conditional Use Permit shall be reviewed by the Planning Commission at the June 1993 meeting. The City Administrator has the authority to request the Planning Commission to review the permit if complaints are received. Vote: Motion passed with Commissioners Joos, Kelly, Mars and Spurrier voting in favor and Commissioner Zak voting against the approval of the conditional use permit. The Commission further discussed the paving issue, citing old and new sites of similar natures in various districts. Commissioner Mars stated that anything new should be asphalt. Commissioner Zak said the big concern was ecological. The rules should be the same in I-2 and B-1 to protect the environment. Mr. Brambilla asked how to appeal the paving condition to the City Council. The City Planner stated he should write a letter to the City Administrator within 7 days requesting to be heard by the City Council. IX. PUBLIC HEARING: REZONE PROPERTY AT 300 E. 1ST AVE. FROM B-1 TO B-3/ECKART The Assistant City Planner, Terrie Sandbeck, reviewed the request to rezone Lot 10, Block 25, of the original Shakopee Plat from Highway Business (B-1) to Central Business (B-3) . The 1990 draft Comprehensive Plan, as well as the City' s Downtown Revitalization Plan have designated the subject site, as well as the entire block it is located in, as Central Business District (CBD) . The applicant, Dr. David C. Eckart, D.D. S. , is requesting the rezoning in order to better serve the changes made by the proposed Hwy 101 Mini Bypass and an addition to his existing business building. Ms. Sandbeck suggested that the Planning Commission consider initiating the rezoning of the entire block at this time. However, the applicant wishes to proceed with his individual lot rezoning for expediency. Commissioner Spurrier asked if there were any other businesses in the proposed rezoning area which would become nonconforming as a result of the rezoning. Minutes of the Page-17 Shakopee Planning Commission June 4, 1992 The Assistant City Planner stated there were none. There are existing homes in the area, but they are already nonconforming. Kevin Greystone, 1221 E. 4th Ave. , Suite 110, Shakopee, representing Dr. David Eckart, explained that the applicant needs to expand his business as soon as possible. Motion: Zak/Mars moved to close the public hearing. Vote: Motion carried unanimously. Motion: Zak/Spurrier moved to recommend to the City Council approval of the rezoning of Lot 10, Block 25 of the original Shakopee plat from B-1 to B-3 . Vote: Motion carried unanimously. Commissioner Mars questioned why the applicant had to submit a site plan. The City Planner stated it was available, not required. Motion: Zak/Spurrier moved to recommend the City Council initiate the rezoning process for Block 25 of the original Shakopee Plat from B-1 to B-3 in order to bring this block into conformance with the draft 1990 Comprehensive Plan. Vote: Motion carried unanimously. X. CONTINUED PUBLIC HEARING: PRELIMINARY AND FINAL PLAT OF SOUTH PARKVIEW 2ND ADDITION/LINK The City Planner stated that the Planning Commission had tabled the South Parkview 2nd Addition plat at their April 9 , 1992 , meeting in order that the City Council could make a policy decision on sewer service for the subject site. On May 19 , 1992 , the City Council passed a motion to direct staff to prepare a feasibility study for the extension of the VIP Interceptor. The applicant has requested to proceed with the plat at this time. The proposed subdivision is located north of 13th Ave. and west of CR 15. It is in an Urban Residential (R-2) zone, covers 13 . 8 acres and consists of 49 lots. The developer is requesting that a permanent lift station be constructed with the City taking the responsibility for operation and maintenance. He is further requesting that he not be held responsible for any future costs of the VIP Interceptor as it is extended through his property since his subdivision would be served by the lift station. Minutes of the Page-18 Shakopee Planning Commission June 4,1992 Mr. Ekola stated that, in researching applicable City Council and Planning Commission minutes, staff notes, correspondence and memos, video and audio tapes from City Council meetings, that the lift station was meant to be a temporary facility until the interceptor sewer was extended. It was also found that the developer was going to install the lift station and that the City would maintain the lift station. There was no discussion regarding the future assessments for the VIP Interceptor being waived for the developer if the lift station were installed. The City Planner stated that staff cannot recommend approval of the plat unless the developer agrees to construct the temporary lift station and that it be removed once the VIP Interceptor sewer 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 maintenance and operation costs during the first year of operation. Furthermore, the developer must agree to abandon the lift station once the VIP Interceptor sewer is available to serve the proposed plat and waive his right to appeal any assessments for the future interceptor sewer. Commissioner Mars asked when the City makes the judgement to extend the VIP Interceptor and when to use a temporary lift station. Dave Hutton, the City Engineer, stated that due to this development the City Council has ordered a feasibility study for the extension of the VIP Interceptor. The study could be done and the interceptor extended by next summer. The City Council is concerned about the VIP extending into Jackson Twp. Commissioner Mars questioned if the temporary lift station would be of any benefit to the City after it is abandoned. Mr. Hutton stated that the pumps can be reused but the City doesn't have any area where they would be needed at present. The cost of the pits which are dug to house the pumps would not be recovered. Commissioner Spurrier stated that if Rahr Malting is successful in getting off the VIP, it would be a substantial relief to the interceptor. Could this relief replace this area' s need for the interceptor? The City Engineer stated the MWCC is not very serious about letting Rahr out of the MUSA line at this point, but that it wouldn't benefit this area because the sizing is wrong. Rahr is serviced by the MWCC interceptor along Hwy. 101. Minutes of the Page-19 Shakopee Planning Commission June 41,1992 Cletus Link, 1217 Monroe, the applicant, showed the Commission a copy of Resolution No. 2389 from 1985. No. 12 states "When Outlot A, B, C, and D are replatted the developer must determine what portion of the lift station is attributed to other development" . Commissioner Spurrier commented that the City Council identified the land serviced in order to identify the size needed for the lift station. Mr. Link stated that the City Council did not intend the lift station to be temporary for the developer as the VIP Interceptor was not targeted for this area at that time. Dave Hutton stated that the VIP Feasibility Study Report of 1979 identified this area and that these properties are already being assessed for the over-sizing of the interceptor to the east because it will eventually be needed to service the area on the west side of the city. Commissioner Joos questioned why this property was being assessed without the service. Mr. Hutton stated that everybody along the proposed VIP interceptor pays for the over-sizing. When the VIP becomes available to each property, they will pay for the actual pipes. Commissioner Mars questioned if the applicant had a problem with the City wanting him to construct the lift station. Mr. Link stated that it costs $70, 000 to build. Commissioner Mars asked Mr. Link why he felt the assessments should be waived on the VIP when it becomes available to his property. Mr. Link stated that the property won't need the VIP. It will have a permanent lift station. Commissioner Spurrier asked who had the responsibility for constructing the temporary lift station in 1985. The City Engineer stated the developer was to construct the lift station. Commissioner Mars asked what the VIP extension cost would be. Mr. Hutton stated that the feasibility study will allow staff to estimate closer construction costs. Minutes of the Page-20 Shakopee Planning Commission June 4,1992 Zak/Mars moved to close the public hearing. Motion carried unanimously. Commissioner Spurrier questioned if the 15 ' right-of-way issue along CR 15 had been resolved on the plat. Mr. Ekola stated that it was not totally decided. Commissioner Spurrier stated that the plat was then ready for preliminary approval, but not final approval. Motion: Spurrier/Zak moved to recommend approval to the City Council of the preliminary plat of South Parkview 2nd Addition, subject to 14 conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer' s Agreement for construction of required improvements for Quincy Circle, Park Circle, Parkview Terrace, Jefferson Street, Monroe Street, Madison Street, and Vierling Drive within South Parkview 1st Addition: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities Commission. d. Storm sewer system shall be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e. Sanitary sewer system shall be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Local streets and street signs within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. Minutes of the Page -21 Shakopee Planning Commission June Al,1992 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. Existing assessments shall be reapportioned according to City policy. i. The developer must agree to abandon the lift station when the VIP Interceptor becomes available to the plat and shall waive his right to appeal any assessments for the future interceptor. The lift station alarm shall be connected to the police dispatch through police lines or some other manner acceptable to the City Engineer prior to the issuance of a building permit. 3 . The proposed lift station shall be considered temporary and shall be removed once the VIP Interceptor is constructed. The City will maintain the lift station, but the developer must construct it and pay for all maintenance and repairs for the first year of its operation. 4 . Vierling Drive shall be constructed to collector and State Aid status. The City shall reimburse the developer for cost of constructing the oversized Vierling Drive. 5 . If all of the streets are not proposed to be constructed at the same time, a staging and phasing plan shall be submitted which outlines the schedule and timing for the construction of all of the public facilities. 6. The recorded final plat shall provide the Document Number for the gas line easement which crosses the plat along the lot lines of lots in block 1, and crosses the corner of Lot 8 in Block 3 . 7 . A revised preliminary and final plat must be submitted which reflects the street name change from "13th Avenue" to "Vierling Drive. " 8 . The developer shall not develop more than 10% of the lots with two family dwellings. All sewer and water services necessary for two family dwellings must be installed at the time the streets are constructed. 9 . Prior to approval of the final plat, final construction plans for all public improvements shall be submitted and approved by the City Engineer. Minutes of the Page -22 Shakopee Planning Commission June 4, 1992 10. The developer shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 11. 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. 12 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 13 . The developer shall be responsible for installing a sidewalk along the north side of Vierling Drive. 14 . Approval of the preliminary plat is contingent upon the applicant receiving a Wetlands Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 15. Right-of-way issues along CR 15 shall be resolved prior to approval of the final plat by the City Council. Commissioner Kelly asked who was responsible to maintain the lift station. Commissioner Spurrier stated the City would maintain it. Commissioner Mars questioned why one year of maintenance cost would be required of the developer for the lift station. Mr. Ekola stated it had been required on other developments. Commissioner Spurrier questioned who was responsible for the operational costs and the warranty maintenance. Mr. Hutton stated that a one year warranty on the equipment was required of the developer. Vote: Motion carried unanimously. Motion: Spurrier/Mars moved to table the final plat until the 15 ' right-of-way issue along CR 15 could be resolved. Vote: Motion carried unanimously. Chairman Joos requested that Agenda Item 11 and 12A be switched due to attendance of a representative of NBZ at the meeting. Ninths of the Page -23 Shakopee Planning Commission June 4,1992 XI. NBZ - CONDITIONAL USE PERMIT REVIEW CONTINUED The City Planner reminded the Planning Commission that they had tabled the review of NBZ ' s violation of Condition No. 12 of Resolution 376 to the June meeting. This condition prohibits the on-site storage of fuel. Mr. Ekola went on to report that staff had made a field inspection of the NBZ site on May 28, 1992 , and the propane fuel tank had not been removed from the site. Motion: Mars/Spurrier moved to find NBZ in violation of Condition No. 12 of Resolution 376. Commissioner Zak asked staff to inform the City Attorney so this violation could be made part of the litigation currently in process. The City Planner stated the attorney is already aware of the violation. Tom Zwiers, 9390 250th St. , Lakeville, manager of the NBZ mine, stated that he didn't consider a propane tank as fuel storage. The propane is used for heating the scale building. Commissioner Kelly asked Mr. Zwiers the size the propane tank. Mr. Zwiers stated it was a 300 gallon tank. Commissioner Zak questioned why Mr. Zwiers was surprised at the cited violation. Mr. Zwiers stated the tank was installed 2 years ago, in 1989 when the scale was constructed and no one had questioned it until now. The City Planner explained that it came to the City' s attention with the review of the conditional use permit. Commissioner Spurrier asked Mr. Zwiers if there would be any alternative to the propane tank. Mr. Zwiers answered not really. Electrical heat would be too costly and there isn't a natural gas line nearby. Vote: Motion carried with Commissioners Kelly, Mars and Spurrier in favor of the motion and Commissioners Joos and Spurrier voting against it. Mr. Zwiers questioned how he could clarify "fuel storage" . Minutes of the Page-24 Shakopee Planning Commission June 4,1992 Mr. Ekola stated it could be handled by amending the conditional use permit. Commissioner Spurrier asked the applicant if the propane fuel was used for any type of processing. Mr. Zwiers stated that it is only used to heat the scaling house to keep people warm and the equipment undamaged. XI. SIDEWALK/TRAIL PLAN The City Planner explained the locational criteria for sidewalks, the pattern of existing sidewalks, and the suggested priority list for the construction of sidewalks. He requested the Commission to make suggested changes to the plan and priority list. Commissioner Spurrier questioned if there were sidewalks on school pedestrian routes and suggested that the City adopt the regional definition for collector streets, defined by actual traffic weight. Mr. Ekola stated that he is working with Ron Ward at the school on the school routes and that the Met Council requires the City to meet certain standards. Commissioner Joos stated he would like to see the pedestrian school routes shown on the sidewalk map. The City Planner suggested that the Commission make the school pedestrian routes number one on the priority list. The construction of sidewalks as illustrated in the proposed Sidewalk Plan would be constructed according to the following priority: 1. Along school pedestrian routes. 2 . Along minor arterial streets. 3 . Along collector streets. 4 . Around schools and parks. 5. Around commercial development. 6. Other public facilities. 7 . Along local streets. The City Planner then reviewed the proposed Trail Plan, explaining the locational criteria, pattern of existing trails, and the priority in which trails should be constructed. He explained that trails should be regional trails, community trails, or neighborhood trails. Commissioner Mars suggested that the City learn to build better trails. Minutes of the Page -25 Shakopee Planning Commission June 4,1992 Commissioner Spurrier stated he felt that first we had to establish who should be on the trails and then set the standards. Should all trails be handicapped useable? Commissioner Joos questioned whether it was feasible to make all trails handicapped user friendly. Staff suggested that trail should be constructed following this priority: 1. Upper Valley Drainageway Trail 2 . The Old Chicago Milwaukee Trail (CR 17 to Downtown) 3 . CR 16 Trail 4 . Dean Lake Trail 5. St. Francis Hospital Trail 6 . Shenandoah Drive Trail 7 . CR 18 Trail 8 . McKenna Road Trail XIII.OTHER BUSINESS No other business came before the Planning Commission. XIV. 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W r Al.... f.. -1 r 0) U1 07 A A r r CO r r r N 03 r r N I W 0) 0) 03 03 A. 03V0)WNN0 A r rr WV(p 1WWM-01- ('Ti W _ A A (0 UIOrUIW v(0WN0)V1A U1 t11rnr03Wa) W .-Q1 V(0NOA0f rpr N r CO (0 03 (0r V V r rWVVIOAN03rWV0U14ON0UIWr A (OWW003O03i0304UI D V r r 0) 00N r r CO UiVr030WA(0N(nAON(0010(1103W0 CO v00)03N000V00303 M (n 0 0 0 03N UI 0 N 0(O03UV00)UiN00V00300)A000 r 0AWV(00030)C0)01 H O 0 0 N N(0 r r 03 4030NW(0 4NWW(JIOONO0)NJ(Orp V D A 0 0 (0 0)v A A W A0VN(ONUi'0(40300(00(0'(04)(0 0o 00U700(000(OAOOvA n > Ill C) W W W N A W W W N NJ .W W NN N r N r r rn r W W V V N ...A..rcom W VWA WWrrNW 0(0 AN 003 UiWV 0) W(0 Nr Uf 0)N(0(003 UI N 0 W W r Ni-.W00003(0NO3N 0)N N000Wr 0 . . . . . . . . . 0 O W O r O W A O O W n --1 I- A* g SHAKOPEE PARKS AND RECREATION ADVISORY BOARD MEETING MAY 18, 1992 Chairperson Rislund called the meeting to order at 7 :05 p. m. in the meeting room of the Park and Recreation Office. Board members attending the meeting included Rielund, Seifert, TenEyck, Lebens, Johnson and Larson. Tomczik was absent. Staff present : McQuillan and Dvorak. Johnson/Lebens moved to approve the agenda as stated. Motion passed. Johnson/Seifert moved to approve the April 27, 1992 Park and Recreation Advisory Board Meeting Minutes as presented. Motion passed with Lebens abstaining. NEW BUSINESS: McQuillan reported that staff has received some concerns about baseball being played in small neighborhood parks. Apparently, there have been a few older kids playing catch with a league baseball at Holmes Park while there were young children playing nearby. According to the City Ordinances, this could be interpreted as a "dangerous" activity at that specific moment. Board member Lebens stated there is a needs to be a sign place at these parks with specific language as to what is appropriate play and what is not. After much discussion, " Larson/Lebens moved to have new signs to read : " Please ! No games using hard baseballs, 11 " and 12" softballs, hard hockey pucks or any golf balls of any kind in this park. " Thank Yout Shakopee Park and Recreation Motion carried. Staff presented a proposal requesting staff to solicit proposal requests for a municipal pool study on the pool 's overall condition, needed capital improvements and a long term maintenance program. Ten issues of concern were presented for review. They included the following: 1. Complete an inventory of equipment in place and comment the strength and weaknesses of the existing system and components. The inventory should also identify the make and model of all equipment. 2. Evaluate the water treatment system and procedures. 3. Develop a maintenance and replacement schedule for equipment identified including identification of recommended course of action to in regard to equipment replacement. 4. Review and comment on current operational and maintenance procedures as it relates to equipment identified. 3. Work with staff to establish a manual for the swim facility 's or a municipal pool facility and equipment analysis with Item #8 6. Identify current facility and equipment failures and weaknesses an attempt to identify future failures. Offer suggestions and cost estimates for repairs and solutions to problems identified. 7. Provide a estimated depreciation chart (life expectancy) for major equipment with replacement cost estimates for all equipment identified. 8. Identify strengths and weaknesses of pool staffing, swimming lessons an recreational swim programs. Propose possible suggestions to correct deficiencies identified. 9. Attend two coordination meetings with city staff. 10. Attend one meeting with the Park and Recreation Advisory Board to make presentation of findings. Several members of the Advisory Board were not comfortable with item #8. Larson stated that he was under the impression that only equipment and maintenance issues would be addressed. Ten Eyck stated he didn ' t think that many machanical or engineering consultants would have the expertise to advise on the operation of the facility (staff, programs etc. ) . However, TenEyck had no problem making item #8 an alternative and not tied directly with the study of the physical conditions of the pool. Others concurred. TenEyck/Larson moved to request staff to solicit proposal requests for a municipal pool facility and equipment analysis with item #8 listed as an alternative and not directly part of the study. Motion carried. McQuillan presented the current 1992-96 5 year Parks Capital Improvement Program for review. He asked the Board to evaluate the current program and system for prioritizing the Parks CIP and to make recommendations for changes if that ' s their desire. He also suggested that the Board begin ranking projects for the 1993-97 Five Year Capital Improvement Program. Larson stated his concern on how the CIP is being developed. He felt there needs to be a Master Plan for the entire park system in which the Park Board can refer to when it is developing a Parks CIP. Rislund also felt uncomfortable the way they were developing a 5 year Parks CIP especially when there is no comprehensive master plan. Larson added that the City really needs to have a consultant to help it develop long range plans that specifically addresses parks and recreation. McQuillan reminded the Board that Councilman Clay, who served as liaison to this Board a year ago, believed it would be unwise for the city to spend a lot of money to hire another consultant to tell us something we already know and that we should refer to the City ' s Comprehensive Development Plan whenever possible. McQuillan recommended that we use the Shakopee Parks Tour Guide booklet he developed which states all of the proposed projects for our existing parks. Larson stated he was more concerned with the acquisition of future perks and where they would be located. After a long discussion, Larson/Johnson moved to direct staff to investigate the possibility of creating a Park and Recreation Master Plan either by using staff ( internally) or by using an outside source (consultant ) to draft the Plan. Motion carried. Dvorak presented a report that included three case scenario's that hypothetically illustrates the impact of recreation programming if : i ) the Temporary Recreation Assistant 's position becomes full- time, 2) the Recreation Assistant ' s position is eliminated and 3) the Recreation Assistant 's position became part-time. The report also included a detailed listing of each recreation activity 's revenues and expenses and whether the activities break even, lose or make money. Larson felt this was very good information but it needs to be formulated in a way that will show who is doing what or who is responsible for what activities or functions. Other Advisory Board members concurred. Seifert stated that once the facts are properly arranged and outlined to show the need to have two full-time recreation and park professionals, the City Council will have a tough time arguing against it. Under Old Business McQuillan presented an update on how much money is projected to be in the Park Reserve Fund by January 1, 1993. The projections show there will be about $76, 940. Reports McQuillan presented, in chronological order, a registration listing of April and May recreation programs and activities. Seifert was unable to attend the last Community Evaluation Advisory Board Meeting but she will present the minutes of that meeting at a future PRAB meeting. No Other Business. Motion by Johnson/Lebens to adjourn. Motion carried. PRAB meeting adjourned at 8 : 53 pm. CI I a MEM 183 University Ave.East St.Paul,MN 55101.2526 League of Minnesota Cities (612)227.5600(FAX:221-0986) June 1, 1992 r TO: Mayors, Managers, and Clerks FROM: Donald A. Slater, Executive Direct SUBJECT: League of Minnesota Cities FY 92/93 Membership Dues Last year, the membership considered a constitutional amendment granting the League's board of directors authority- to assess membership dues. When this amendment failed, the most recently adopted dues schedule, FY 1990/91, went into affect. This schedule was used to assess dues for the 1990/91 budget year. At that time the League raised dues by 4.9 percent. For FY 1991/92 there was no general dues increase for member cities, but population figures used for calculating dues were adjusted using the 1990 census data. The 1990/91 dues scheduled was adopted as a constitutional amendment in 1988, which covered League dues for three years. Dues were set by the board during those three years at less than the allowed maximum for each year. Therefore, because the dues were not increased by the allowed maximum in 1990/91, it is possible for the board to increase dues approximately three percent without a constitutional amendment for the 1992/93 budget year. The Budget Committee met on May 19 and discussed recommending to the board a potential three percent dues increase. While the board will ultimately act on this matter, it is important to give members advance notice of this possibility. The proposed three percent dues increase would generate a total of $42,514 in revenue. This represents less than 1 1/2 percent of the League's total budget. Enclosed is a report comparing the present dues for each city to the proposed amount for FY 92/93. The board will consider this matter when they adopt the FY 1992/93 budget this September. If you have any questions or concerns, please feel free to contact me or Helen Schendel at the League offices, (612) 227-5600. Thank you. [NAME Original 1 Corrected 1 Potential 91/92 Dues 90 Pop 1 FY 92/93 Dues I Difference Fw y= 1SHAFER 2791 3681 2881 SHAKOPEE 5,877 11,7391 6,0541 177 SHELLY 214 225 220 6 SHERBURN 695 1,105 716 21 SHEVLIN . 214 157 220 :6 SHOREVIEW 10,209 24,587 I 10,514306 SHOREWOOD 3,315 . 5,9171 3,4141 100 SILVER BAY 1,140 , 1,894 1,1741 34 SILVER LAKE 503 7641 5181 15 SKYLINE 2251 344j 2741 48 . SLAYTON 1,2821 2,1471 1,321 .(' 381 SLEEPY EYE 1 SOBIESKI 2,155 1 3,6941 2,219} 64 2141 199 220 6: SOUTH HAVENSOLWAY 2141 74 � 220 i 61 214 1931 2201 6: SOUTH ST PAUL 9,1631 20,197 f 9,437 I 274 SPICER 647 1,020 666 19 SPRINGFIELD 1,297 2,173 1,3361 39 SPRING GROVE 722 1,231 7891 67' SPRING HILL SPRING LAKE PARK 3,5981 6,5321 3,7062201 108 SPRING PARK I 9581 1,5711 9861 29 SPRING VALLEY 1,4601 2,4611 1,5031 441 SQUAW LAKE 2141 1391 2201 6 STACY 681 1,081 702 ! 201 STAPLES 1,625 i 2,7541 1,6731 49 STARBUCK 716 1,1431 7381 21 STEEN STEPHEN 2141 1761 2201 61 4711 7071 4851 14 STEWART 3911 566 ; 403 ; 121 STEWARTVILLE 2,6201 4,520 2,6991 78 STILLWATER 6,7181 13,8821 6,9191 202 STILLWATER TOWNSHIP 1 12371 20661 1,274 ' 37 STOCKTON 3701 529 381 11 STORDEN 232 I 283 238 .7 STRANDQUIST 214 98 220 6 STRATHCONA NM 2141 40 220 6 STURGEON UNBURG LAKE 2141 230 220 i 61 2141117 220 61 SUNFISH LAKE 3051 413 314 9 SWANVILLE 255 324 262 7 TACONITE 247 310' 2541 7 TAMARACK NM 214 531 2201 6 TAOPI NM 214 831 2201 6 TAUNTON 214 1751 2201 . 6 TAYLORS FALLS 463 694 477 14 TENNEY NM .2141 4 220[ 6 _ TENSTRIKE 1 2141 184 2201 6 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on May 18, 1992 at 4: 30 P.M. in the Utilities Meeting room. MEMBERS PRESENT: President Kirchmeier, Commissioners Cook and O ' Toole . Also Liaison Sweeney. Also present was Manager Van Hout , and Kevin Favero of R.W. Beck. The time and date of this special meeting had been set at the regular Commission meeting on May 4, 1992, for the purpose of hearing a presentation from Kevin Favero about his analysis of power supply alternatives . The Commission discussed the financial and other considerations of the alternatives . The consensus was to advise the new Minnesota Municipal Power Agency of the need for certain items to be clearly included in their power supply offer, and to take action on the matter at the June 1 , 1992 regular SPUC meeting. Motion by Cook, seconded by O'Toole: to pay R.W. Beck the additional amount of $2,600, due to additional services provided in addition to those under the not to exceed figure previously approved . Motion carried. Motion by O'Toole, seconded by Cook that the meeting be adjourned . Motion carried. Meeting Adjourned. j Barbara (101 .) enden, Commi s . n Secretary ATTEST: Ccs 7 u Van Hout , Manager MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on May 4 , 1992 at 4:30 P.M. in the Utilities Meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and O'Toole . Also Liaison Sweeney, Manager Van Rout and Secretary 'Menden . Motion by Cook, seconded by O'Toole that the minutes of the April 6, 1992 regular meeting and the April 15, 1992 special meeting be approved as kept . Motion carried . BILLS•READ: City of Shakopee 20,032 . 00 ABM Equipment & Supply Inc 95 . 46 ARA/CORY Refreshment Services 78 . 00 Athmann Industrial Medical Supplies Inc. 71 . 00 Auto Central Supply 68 . 06 B & B Transformer, Inc . 622 . 50 Bauer Built 232 . 97 R. W. Beck and Associates 7 , 533 . 55 Bentz Construction , Inc . 1 ,680 . 00 Border States Electric Supply 1 ,375. 85 Burmeister Electric Company 972 . 60 City of Shakopee 917 . 85 City of Shakopee 40 . 51 Cooperative Power 39 ,929 . 89 • John Dellwo 147 . 00 Dorcor, , Inc . 32 . 00 Feed-Rite Controls, Inc . 140. 00 General Office Products Co. 30 . 00 Glenwood Inglewood 9. 50 Graybar Electric Company, Inc . 7,312.82 Gopher State One-Call , Inc _ 198. 50 H D R 1 ,766. 92 Hartfiel Company 129 .80 Hennen ' s ICO 7 . 00 Jerry' s Frame Inc. 137 . 50 Leef Bros . , Inc . 22 . 69 Raymond Lemieux 77 . 52 Lucas Electric 51 . 90 MAP Gas Co. 16. 50 • w McGrann Shea Franzen Carnival Straughn ,& Lamb, • chartered 10. 50 Minn. Environmental Quality Board 334 . 65 Minn. Municipal Utilities Assoc 505 . 00 Minn . Plumbing and Heating Inc . 34 . 00 Minn. Safety Council 95 . 00 Minn. Trucking Assoc . 48 . 05 Minn. Valley Testing Laboratories Inc . 70. 00 Motor Parts Service Co. , Inc . 152 .18 Northern States Power Co. 343,379 . 70 Northern States Power Co. 879. 42 Northern States Power Co. 332 . 32 Pitney Bowes 8,$81 . 00 Reynolds Welding Supply Co. 55 .06 Rollins Oil Co. 274 . 45 Sauber Mfg. Co. 7,174 . 00 Schilz Ornamental Iron 55 . 00 Schoell & Madsbn, Inc. 2,125 . 33 Shakoyee Public Utilities Commission 50 . 12 Shakopee Services, Inc . 43 . 67 Al Smith 'Excavating 945 . 00 Starks Cleaning Services, Inc . 68 . 00 Dean Struck 87 .84 System Control Services , Inc. 115 . 60 T & R Service 34 . 00 Texwipe Company 78 . 98 Total Tool 124 . 04 Transport White GMC Inc . 107 . 54 Lou Van Hout 89 . 21 Voss Lighting 397 . 92 Walden Bros . Lumber 108 . 00 Water Products Co. 599 . 16 Westinghouse Electric Supply Co . 3 ,820 . 50 Wild Iris , Inc . 33 . 00 ' Yarusso' s Hardware Co. 29 . 47 Motion by Cook, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. Manager -Van Hout informed the Commission of an upcoming UPA meeting to be held in Brainerd . The Commission declined to attend at this time . There was also a notice of an upcoming Cooperative Power meeting to be held on June 5 , 1992 . The Manager is planning to attend . The Department of Public Service sent a communication t� the Shakopee Public Utilities commending our energy conservation and load management efforts. • • • It was the desire of the Commission to have our Water Dept . do the inspecting on all water installations in subdivisions having their own well now, but which might become a part of the City water system .at some future time . Liaison Sweeney gave the liaison report . He reported that measures are being taken to have the Shakopee Utilities specifically listed on all development specifications . Rev. Gilbert , Paster of St . Mary' s Parish in Marystown and Claude Friendshuh, Trustee were present to discuss the electric bill for the Parish . During the parish festival a large demand is created due to the high usage for the day. The Utilities staff is going to work with the Church for the upcoming festival to try and lower the demand. Jim Streefland , of Jaspers Streeland and Co. was present to discuss the accounting treatment for the service area acquisition. A discussion followed. Kevin Favero, R.W. Beck was present to discuss the power supply study. There were three fire calls for a total of one hour and 50 minutes. There were no lost time accidents for the month of April , 1992 . The next regular meeting of the Shakopee Public Utilities Commission will be held on June 1 , 1992 in the Utilities meetinc room at 4: 30 P.M. Motion by O'Toole, seconded by Kirchmeier that the meeting be adjourned. Motion carried. WLi I Barbara Menden , mission Secretary i * 11 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - MAY 1992 Mav 1992 May 1991 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 6 49 3,971,362 16 59 4, 195,700 Single Family-Septic - 5 587,930 1 7 1,216, 800 Multiple Dwellings - 7 718,548 2 6 653, 600 (# Units) (YTD Units) (-) (14) - (4) (12) - Dwelling Additions 11 30 165,315 18 33 168,210 Other 1 3 4,800 1 6 40,730 New Comm. Bldgs - 1 85,000 1 2 1, 050, 000 Comm. Bldg. Addns. 1 1 80, 000 1 1 40, 000 New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - Accessory/Garages 1 6 64,558 7 14 77 ,590 Signs & Fences 7 25 52, 021 12 29 54,822 Fireplaces/Wood Stoves - - - - 1 4, 200 Grading/Foundation - 1 15, 160 1 2 201, 000 Moving - - Razing 1 3 47,213 - 1 1,500 Remodeling (Res. ) 4 16 44,958 5 17 102,300 Remodeling (Inst. ) - - - - - Remodeling (Comm/Ind. ) 1 18 1,296, 100 5 21 1,462,297 TOTAL TAXABLE 33 165 7, 132,965 69 198 9,267,249 TOTAL INSTITUTIONAL - - - - - GRAND TOTAL 33 165 7,132,965 69 198 9,267 , 249 No. YTD. No. YTD. Variances - - 2 Conditional Use 1 6 1 4 Rezoning 1 2 1 Electric 39 169 28 132 Plumbing & Heating 42 213 52 216 Total dwelling units in City after completion of all construction permitted to date 4, 680 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN MAY, 1992 9440 Logeais Homes 979 Goldenrod Lane House 90, 000 L 14 B 2, Meadows 5th 9441 Elmer Gustafson 1981 E. Shakopee Avenue Fence 1, 100 9442 William Horne 2057 Murphy Avenue Deck 2, 800 9443 Patrick O'Reilley 1005 Shawmut Street Fence 800 9444 Dean Gillespie 1304 E. 11th Avenue Deck 1,568 9445 Novak Fleck 1117 Dakota Street House 94, 000 L 1 B 2, Meadows 6th 9446 Novak Fleck 1128 Goldenrod Lane House 85,900 L 2 B 3, Meadows 6th 9447 Ronald Menke 955 So. Market Window 850 9448 Signature Landscape 624 E. 11th Avenue Deck 2,500 9449 Kevin Siegle 1900 Granite Drive Deck 1, 176 9450 Eric Swenson 2136 Foothill Trail Fence 300 9451 Sandra Olson 2160 Park Ridge Drive Remodel 800 9452 Daniel Lang 333 So. Lewis Street Remodel 2,500 9453 Chuck Norton 619 West 6th Avenue Deck 3,200 9454 Rick Macklin 928 Sommerville Street Remodel 800 9455 Logeais Homes 670 East 5th Avenue House 80, 345 L 4 B 2, Mulberry Meadow 1st 9456 Todd Doege 560 Hennes Avenue Garage 10,500 9457 Gerald Teich 1147 Tyler Street Porch 17, 000 9458 Suburban Propane 1138 Shakopee Town Sq. Storage Rack 300 9459 Deutsch Const. 1424 Prairie Lane House 97,700 L 2 B 1, Prairie Estates 1st 9460 Gary Vreeman 1603 Roundhouse Cir. Deck 1, 120 9461 Michael Thompson 2110 Heritage Drive Deck 840 9462 Earl Dressen 1650 E. Hwy 101 Sign 1,000 9463 Donald Lundgren 1223 Clover Court Deck 1,764 9464 Novak Fleck 807 Larkspur Court House 90,935 L 7 B 2 , Meadows 6th 9465 Charles Breeggemann 617 East 1st Avenue Demo 200 9466 Conklin Company 551 Valley Park Drive Remodel 40, 000 9467 Edward Aikey 1181 Jefferson Street Fence 600 9468 John Scully 2016 Murphy Avenue Fence 2, 000 9469 High Five Erectors 700 Canterbury Road Comm. 80, 000 9470 G. F. Juergens 1026 Scott Street Addition 18, 000 9471 Arno Heise 1317 Pondview Court Deck 2,500 9472 Arrow Sign Co. 140 So. Holmes Street Signs 3 , 200 Total: $736, 298 1413 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: June 11, 1992 RE: Tickets to be Dismissed At the last City Council meeting you asked that parking tickets issued to people who attended a dance competition on May 2 , 1992 , be dismissed. I have now received a list of the ticketed individuals. Each of the individuals is receiving a letter (a sample is attached) . All but one has paid the parking ticket; I dismissed that ticket, and am sending the others a refund of their ten dollars. The letters and checks are being sent out in the next billing cycle, which will be on July 1, 1992 . If you have any questions regarding this, please let me know. Signed 4(V,—(2_ Karen Marty, City Attorney KEM:bjm [10MEMO] Attachment CITY OF SHAKOPEE4f10' .*k. INCORPORATED 1870 -- 129 EAST FIRST AVENUE. SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 `„: `. , x, July 1, 1992 Ms. Diana Joan Carter-Clarke 18030 20th Ave. N. Plymouth, MN 55447 Dear Ms. Carter-Clarke: On May 2 , 1992 , you received a parking ticket in Shakopee. I understand that a dance competition was occurring at the High School, and the many visitors and competitors overflowed the parking lot. Shakopee officials are happy that you attended the competition, and we hope that the competition went well for you. Receiving a parking ticket is a disappointment, at best, and we do not want you to feel that way about Shakopee. The area where your car was parked is supposed to be restricted during school days. We did not intend for people to receive parking tickets on weekends. Therefore, the City Council has asked me to refund your ticket. We sincerely regret the inconvenience. Please accept our invitation to return to Shakopee. You are welcome here! Sincerely, Karen Marty City Attorney KEM:bjm [10MEMO] The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER i\ MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Pool Operational Issues - Non Agenda - Informational DATE: June 15 , 1992 INTRODUCTION: On June 6, 1992 , the Shakopee pool opened for operations. Since opening day we have experienced several problems that both staff and City Council should be aware of. BACKGROUND: Earlier this spring the pool liner was replaced. During the installation process, the contractor was careful to separate the sand that was removed from the pool into two separate piles. One pile was comprised of sand that was contaminated with the old deteriorated pool liner and chunks of bentonite. The other pile was comprised of primarily sand. However, in the second pile a certain amount of bentonite and former pool liner pieces were deposited as well. Prior to installing the new liner and covering it with the sand that was removed earlier, staff had an independent consultant evaluate the consistency of the sand to determine if it could be used again. The consultant' s report indicated that the sand extracted from the pool could be re-used without having an adverse impact on the pool operation. The consultant' s report indicated that even if new washed sand was acquired ($50, 000. 00) that the City would experience cloudiness in the water for a period of time (1-2 years) . This statement has been verified by several other communities who have recently opened sand bottom pools. In fact, in conversing with several persons who were around when the pool was originally installed, they have stated that the water clarity was a problem during the first two (2) years of the pools operation. It should be noted that the pool is tested on a daily basis for contaminants. Staff has been taking the necessary steps to insure that the chlorination of the pool is kept at the required levels. More recently, several residents have expressed concern regarding the floating pieces of liner that have surfaced in the pool. Several persons have stated that this is presenting a health and safety hazard to persons utilizing the pool. They are concerned that younger children could inadvertently swallow pool water and a piece of the liner could become lodged in their throat. To resolve this problem, their is little that can be done except to increase our skimming operations. We have assigned a person who will skim the pool with a strainer on a full time basis until the majority of the pool liner pieces are removed. The normal pool filtering process will also assist us in removing the old liner fragments. SUMMARY: Water Cloudiness 1. Regardless of whether or not new sand was installed in the pool we would be experiencing a water cloudiness problem. Floating Pool Liner Fragments 1. A pool aide has been assigned with the task of skimming the pool on a full time basis until the majority of the former pool liner fragments have been removed. POOLE-15 BAS/tiv TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 16, 1992 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3 ] Liaison Reports from Councilmembers 4] Mayor ' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] 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. ) 7] Approval of Minutes of June 2 , 1992 8] Communications: a] Thomas D. DeMatteo regarding Urban Klein Sewer Claim 9] Public Hearings: None 10] Boards and Commissions: Planning Commission: *a] Application for Rezoning from B-1 to B-3 - Dr. David C. Eckart (Ord. No. 336) b] Preliminary Plat of South Parkview 2nd Addition lying South of 12th Avenue and West of CR-15 (Res. No. 3606) c] Preliminary and Final Approval of Dalles Townhome Addition Planned Unit Development, lying South of Vierling Drive and East of Marschall Rd. (Res. No. 3607) d] Preliminary Plat of Market Place lying North of 5th Avenue and West of Market Street (Res. No. 3605) 11] Reports from Staff: a] 1991 Annual Financial Report b] 1993 Budget c] Hiring An Architect for Tahpah Park Concession Stand Project *d] Heritage Place 3rd Addition, Extension of Approval *e] Parking Restrictions Near High School *f] Second Avenue Stop Signs g] 1992/93 Property Liability Insurance Package TENTATIVE AGENDA June 16 , 1992 Page -2- 11] Reports from Staff continued: *h] Old Park Building At Junior High *i] Temporary Liquor License for St. Mark' s Church *j ] Temporary 3 . 2 Beer License for St. Mary' s Church *k] 1992/1993 Liquor Licenses *1] 1992-1993 3 . 2 Beer Licenses *m] 1992/1993 Wine Licenses *n] Termination of Lease with Capesius Agency *o] Approve Bills in the Amount of $759, 638 . 62 p] Appearance Before Senate Gaming Regulations Committee 12 ] Resolutions and Ordinances: a] Res. No. 3602 - Accepting Bids on Vierling Drive, Between CR-17 and CR-79 , Project 1992-3 *b] Res. No. 3603 - Approve Plans and Specs & Order Ad for Bids for Apgar, 2nd Ave. , and Pierce, Project 1992-6 *c] Res. No. 3604 - Approve Plans and Specs & Order Ad for Bids for 1992 Pavement Preservation, Project 1992-8 *d] Res. No. 3609 - Initiating Vacation of A Portion of 10th Ave. Right-of-Way Between Swift and Merrifield Streets *e] Res. No. 3610 - Initiating Vacation of A Portion of An Alley in Block 7 , East Shakopee Plat (Lying between 1st and 2nd and between Minnesota and Market) *f] Res. No. 3611 - Amending Res. 3573 , Approving The Final Plat of The Meadows 7th Addition *g] Res. No. 3612 - Releasing A Temporary Easement *h] Res. No. 3613 - Approving Partial Release of A Develop- ment Agreement *i] Ord. No. 337 - Amending Various Provisions of the City Code To Clarify Language 13 ] Other Business: a] b] c] 14] Recess for an Executive Session to discuss litigation and collective bargaining 15] Re-convene 16] Adjourn Dennis R. Kraft, City Administrator REMINDER: Committee of the Whole will meet June 23rd at 7 : 00 PM Committee of the Whole will meet June 30th at 7: 00 PM 04,0 7.i40-LANICA=- CITY OF SHAKOPEE INCORPORATED 1870 41°KOF. 129 EAST FIRST AVENUE. SHAKOPEE. MINNESOTA 55379-1376 (612)445-3650 ;r:s t .'q June 12 , 1992 Shakopee Housing & Redevelopment Authority City of Shakopee 129 East First Avenue Shakopee, MN 55379 Chairman Sweeney has notified me, Judith S. Cox, City Clerk of the City of Shakopee, that a Special Session of the Shakopee Housing and Redevelopment Authority (HRA) will be held at 7 : 00 P.M. on Tuesday, June 16, 1992 to consider a request from Canterbury Downs to extend the time for receipt of the letter of credit relating to the Payment Assurance and Security Agreements, and any other business which may come before the HRA. Respectfully,' Ju9ith S. Cox City Clerk CC: Shakopee Valley News Cable Company KCHK City Hall Bulletin Board JSC:trw The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: Canterbury Downs - Request for Letter of Credit Extension DATE: June 12 , 1992 INTRODUCTION: Last month the Shakopee HRA executed an amendment to the Assessment Agreement by and between the City of Shakopee HRA and Canterbury Downs. In addition to the amended Assessment Agreement the Shakopee HRA entered into a Payment Assurance and a Security Agreement with Canterbury Downs. The Payment Assurance and Security Agreement specified that a Letter of Credit should be submitted to the Authority on or before June 15, 1992 . On June 10, 1992 , the HRA Executive Director received a correspondence from Mr. Rick Reichow, Chief Financial Officer from Canterbury Downs requesting an additional 90 days to provide the Letter of Credit. (See attachment #1) BACKGROUND: Mr. Reichow states in his correspondence that the rational for the extension request is due to the recent chain of well publicized events that may have an impact on the future operations of Canterbury Downs. The Payment Assurance and Security Agreement and amended Assessment Agreement previously approved in May are now null and void. If the Shakopee HRA wishes to consider a 90 day extension, new agreements will have to be entered into between the HRA and Canterbury Downs. Following is a summary of some of the major issues that need to be addressed by the HRA before consideration can be given to said extension: 1. Bond Defeasance - Had Canterbury Downs complied with the provisions setforth in the Payment Assurance and Security Agreement, it was the intention of the HRA to defease the outstanding balance of the $4 . 2 million special obligation bonds that were issued for the track. In light of Canterbury Downs recent request, the process for the bond defeasance has been halted. The call date that was going to be utilized to defease the bonds was August 1, 1992 . Since Canterbury Downs has paid the first half of pay 92 taxes ($1. 6 million) the HRA could technically go ahead with the bond defeasance as originally planned. If this route is pursued, the tax increment trust fund would still have a positive balance in the amount of approximately $4 , 600, 000 after the bond defeasance. There would be adequate funds within the TIF trust account to pay future bond obligations. The other option for the HRA to consider is to hold off on defeasing the bonds until the next call date which could be set for February 1, 1993 . If the HRA selects to hold off on defeasing the bonds until a later date, the HRA would incur approximately $40, 000 in additional net interest cost for said defeasance as compared to the August 1, 1992 call date. Should the HRA wish to hold off on defeasing the bonds, staff has prepared Resolution No. 92-3 (to be placed in table) which would rescind previously approved Resolution No. 92-1 that called for the bond defeasance. 2 . Legal and Financial Consulting Fees - When the HRA initiated the process to consider amending the Assessment Agreement, Canterbury Downs agreed to pay all financial and legal costs incurred by the City. To date, all costs incurred by the City and billed to Canterbury Downs have been paid by Canterbury Downs in full. Canterbury Downs has agreed to continue to pay future legal and financial costs incurred by the City as a result of their request. They are willing to enter into a separate agreement to ensure that they follow through on their commitment to cover all City legal and financial costs. On June 16, 1992 the City' s Bond Counsel and Financial Advisor will be present to discuss the various alternatives for the HRA to consider in dealing with Canterbury Downs request. If the HRA Commissioners have questions that they would like reviewed prior to the meeting, please forward them to staff in timely manner. I recognize that it is difficult to determine the questions in advance of greater discussion on the possible alternatives. However, if any questions come to mind, please feel free to call. ALTERNATIVES: 1. Direct the appropriate HRA officials to prepare the appropriate resolutions and documents that would facilitate Canterbury Downs request for a 90 day extension. 2 . Table action pending further information from staff. 3 . Do not entertain the 90 day extension request at this time. 4 . Direct the appropriate HRA officials to continue with the bond defeasance as scheduled. 5. Offer Resolution No. 92-3 Rescinding Resolution No. 92-1. STAFF RECOMMENDATION: Staff recommends alternatives #1 and #5 . ACTION REQUESTED: 1. Direct the appropriate HRA officials to prepare the appropriate resolutions and documents that would facilitate Canterbury Downs request for a 90 day extension. 2 . Offer Resolution No. 92-3 Rescinding Resolution No. 92-1, and move its adoption. JUN-11-92 THU 16:29 CANTERBURY DOWNS FAX NO. 4967741 P, 02 Ladbroke Canterbury Downs ,0.M June 10, 1992 Mr . Dennis Kraft City of Shakopee 129 1st Avenue East Shakopee, MN 55379 Dear Dennis : This letter is a follow-up to our conversation on June 9 , 1992 regarding our request for an extension of the time period specified for Ladbroke Racing Canterbury, Inc. (LRC) to present the letter of credit to the City of Shakopee. This letter of credit is called for in the Payment Assurance and Security Agreement (Agreement) dated May 14 , 1992 by and between LRC and The Housing and Redevelopment Authority In and For the City of Shakopee (the Authority) . The agreement requires that the letter of credit be received by the Authority no later than June 15, 1992 and that the agreement will terminate if this deadline should pass without such receipt . As I mentioned, the recent chain of well-publicized events has resulted in our inability to obtain the letter of credit by June 15, as our parent corporation feels more time is needed to sort out the situation prior to the finalization of the deal . For this reason, we are proposing an extension agreement be executed allowing LRC an additional 90 days to provide the letter of credit . As we are current on all of our tax payments to date, and no future payments are due sooner than October 15 , 1992, we do not feel this puts the Authority at any additional risk. Please let me know the Authority' s feelings on this matter at your earliest convenience. Sincerely, ,/ Richard A . Reichow Chief Financial Officer :khs Ladbroke at Canterbury Downs 1100 Contecbury ;?0a , Snckccee, Minnesotc 55379 Phone (612) 445-7223 AX (612) 496-7741 Altr .1 Ladbroke Group Company 11•11r `—V(rr,I IIL%tit wnnu ('. ue Ladbroke Atiumr- io,e- y,;t9 Canterbury Downs June 10, 1992 :\kk\ Mr . Dennis• Kraft City of Shakopee 129 1st Avenue East Shakopee, MN 55379 Dear Dennis: This letter is a follow-up to our conversation on June 9 , 1992 regarding our request for an extension of the time period specified for Ladbroke Racing Canterbury, Inc. (LRC) to present the letter of credit to the City of Shakopee. This letter of credit is called for in the Payment Assurance and Security Agreem.nt (Agreement) dated May 14, 1992 by and between LRC and The .ng and Redevelopment Authority In and For the City of Shakopie (the Authority) . The agreement requires that the letter of credit be received by the Authority no later than June 15, 1992 and that the agreement will terminate if this deadline should pass without such receipt . As I mentioned, the recent chain of well-publicized events has resulted in our inability to obtain the letter of credit by June 15, as our parent corporation feels more time is needed to sort out the situation prior to the finalization of the deal. For this reason, we are proposing an extension agreement: be executed allowing LRC an additional 90 days to provide the letter of credit . As we are current on all of our tax payments to date, and no future payments are due sooner than October 15, 1992, we do not feel this puts the Authority at any additional tisk. Please let me know the Authority' s feelings on this matter at your earliest convenience. Sincerely, Richard A. 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OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 2, 1992 Mayor Laurent called the meeting to order at 7 : 00 p.m. with Councilmembers Lynch, Sweeney, Vierling and Beard present. Also present were Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Dave Hutton, Public Works Director; Lindberg Ekola, City Planner; Judith S. Cox, City Clerk; and Tom Steininger, Chief of Police. Beard/Lynch moved to approve the agenda with the following additions to other business: 15a - Letter from Bill Klein and 15b - Setting dates for future Committee of the Whole meetings. Motion carried unanimously. Mayor Laurent recessed the meeting for the meeting of the Housing and Redevelopment Authority. Mayor Laurent reconvened the meeting at 7 : 19 p.m. Liaison reports were given by the Councilmembers. Beard/Vierling directed staff to prepare a Resolution of Appreciation and Commendation to the Shakopee Public Utilities Commission and the Utilities Manager for their foresight and diligence in reviewing the power contract possibilities and getting the best deal for the City of Shakopee. Motion Carried Unanimously. Mayor Laurent gave the Mayor' s report. Mayor Laurent recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. Vierling/Beard moved to approve the "Consent Business" with the following changes: Delete from consent business: 10a - Liz Hochholter, resident parking near High School; 13d - Minnesota Valley 7th Addition request for deferral of the park dedication fees. Motion carried unanimously. Vierling/Sweeney moved to approve the minutes of May 19, 1992 . Motion carried unanimously. Discussion ensued on the letter received from Liz Hochholter regarding parking tickets issued near the Shakopee High School during a recent dance competition. Sweeney/Beard moved that the City Attorney be directed to dismiss the parking tickets issued on May 2, 1992 , during a dance competition, which were inconsistent with parking signs. Motion carried with Mayor Laurent opposed. Beard/Vierling moved to direct the appropriate staff to make sure all signs read consistently "Resident parking only during school Official Proceedings of the June 2 , 1992 Shakopee City Council Page -2- hours" , or something similar to what the majority of the signs say. Motion carried unanimously. Vierling/Beard moved to receive and file the correspondence from the Shakopee School District dated May 19 , 1992 regarding tax negotiations with Ladbroke Racing. (Motion carried under consent business. ) Mayor Laurent opened the public hearing on the proposed vacation of a 20 foot drainage easement lying within Lot 8 , Block 1, Hillwood Estates. Mr. Ekola explained the location of the existing easement. He also explained that the owner of the property wishes to build upon the lot and in order to do so the easement needs to be relocated. The owner is willing to give the City a new easement in exchange for the vacation of the existing easement. Mr. Ekola explained that the Planning Commission has reviewed the request and recommends approval of the vacation. Mayor Laurent asked if there was anyone in the audience who wished to speak regarding the proposed vacation. There was no response. Mayor Laurent closed the public hearing. Lynch/Vierling offered Resolution No. 3580, A Resolution Vacating the 20 Foot Drainage Easement in Lot 8 , Block 1, Hillwood Estates, and moved its adoption. Motion carried unanimously. Mayor Laurent opened the public hearing on the proposed 1992 Sidewalk Replacement Program, Project No. 1992-7 . Mr. Hutton explained that under the City' s current assessment policy, 50% of the cost for the sidewalk reconstruction would be paid for by the City and 50% of the cost would be assessed. He identified the parcels that would be included in the 1992 project area. He also explained that the sidewalk reconstruction for 1991 was not completed and would therefore be bid with the 1992 work and be completed in conjunction with the 1992 project. Mayor Laurent read a letter from Mary Ann Siedow, 827 South Holmes, expressing problems she incurred when a new sidewalk was installed in front of her home some years ago (in conjunction with the Holmes Street reconstruction project) . Mayor Laurent asked if there were any comments from members of the audience regarding the proposed sidewalk replacement program. Mr. Steve Clay, 120 East 8th Avenue, addressed the City Council recommending that they consider assessing the reconstruction of Official Proceedings of the June 2 , 1992 Shakopee City Council Page -3- sidewalks at 25% which would be consistent with the assessment policy on assessing reconstruction of streets. Mayor Laurent closed the public hearing. Vierling/Beard offered Resolution No. 3598 , A Resolution Ordering an Improvement and Authorizing Advertisement for Bids for the 1991 and 1992 Sidewalk Replacement Program, Project No. 1992-7, and moved its adoption. Motion carried unanimously. Vierling/Lynch directed staff to look at the issue of 25%/50%/0% assessments for reconstruction of sidewalks and come back with that information when redoing the special assessment policy. Motion carried unanimously. Mr. Stock explained that the City has received a request for a refuse rate increase by Waste Management, Inc. He explained the rationale for the rate increase and that the Energy & Transportation Committee is recommending the increase. Sweeney/Vierling moved to table the refuse rate increase request. Motion carried unanimously. Sweeney/Beard moved to refer the 5 year capital equipment list to the Committee of the Whole meeting in June for extensive discussion. Motion carried unanimously. Sweeney/Lynch moved to remove the vacant police sergeancy from the table. Motion carried unanimously. Karen Marty informed the Council that the litigation is still pending and that she expected a decision any day. Sweeney/Vierling moved to table the vacant police sergeancy to June 16, 1992 . Motion carried unanimously. Vierling/Beard moved to approve the bills in the amount of $210, 032 . 31. (Motion carried under consent business) . Mayor Laurent explained that he would be abstaining from the discussion and the vote on the Minnesota Valley 7th Addition request for deferral of park dedication fees because he has an interest in the request. Mayor Laurent passed the gavel to Vice Mayor Gloria Vierling. Mr. Ekola explained that Laurent Builders have requested the deferment of the park dedication fees for Minnesota Valley 7th Addition until the building permits are issued for each lot. He explained that the City Code provides that the City Council can authorize the deferment of the park dedication fees as opposed to Official Proceedings of the June 2 , 1992 Shakopee City Council Page -4- their being paid for all at one time prior to the recording of the plat. He explained that the City has been routinely deferring the park dedication until issuance of building permits. Sweeney/Lynch offered Resolution No. 3601, A Resolution of the City of Shakopee, Minnesota, Approving the Deferral of Park Dedication Fees for Minnesota Valley 7th Addition Until the Issuance of Building Permits, and moved its adoption. Motion carried with Mayor Laurent abstaining. Vice Mayor Vierling passed the gavel to Mayor Laurent. Vierling/Beard moved to remove from the table the refuse rate increase request of Waste Management, Inc. Motion carried unanimously. Sweeney/Lynch offered Resolution No. 3599 , A Resolution Amending Resolution No. 3507 , Adopting the 1992 Fee Schedule Providing for an Increase in Refuse/Recycling Collection Rates, and moved its adoption. Motion carried unanimously. Sweeney/Vierling moved to authorize the appropriate City officials to amend the refuse collection contract by and between the City of Shakopee and Waste Management, Inc. to provide for an increase in the refuse collection rate as set forth in Resolution No. 3599 , and to authorize such other matters as may be necessary to make the contract agree with the matters at hand. Motion carried unanimously. Beard/Sweeney moved to direct the appropriate City officials to purchase a replacement pump for the Shakopee pool at a cost not to exceed $4 , 500 . 00 with $1, 500 . 00 to be allocated from the Swimming Pool Equipment Maintenance Budget and $3 , 000 . 00 to be allocated from the Contingency Appropriation Account. Motion carried unanimously. Vierling/Beard moved to authorize the project architect and the construction manager for the new City Hall project to prepare the necessary plans and bid specifications for the construction of an elevator to meet all applicable code requirements in the new City Hall building located at 129 South Holmes Street. (Motion carried under consent business) Vierling/Beard offered Resolution No. 3600 , A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 12th Avenue Sewer and Water Improvement, Between CR 83 and Valley Park Drive, Project No. 1992-4, and moved its adoption. (Motion carried under consent business. ) Discussion ensued regarding a letter from Mr. William Klein regarding a sewer connection from his Father ' s house to the sewer Official Proceedings of the June 2 , 1992 Shakopee City Council Page -5- line in 3rd Avenue. Mr. Hutton explained the situation as he understood it and informed the Council that he would be meeting with Mr. Klein the following day to learn more about the situation. Council directed Mr. Hutton to obtain additional information regarding the situation when meeting with Mr. Klein and to bring the matter back to City Council. Mr. Hutton updated the Council on the process of the 2nd Avenue Project. He explained that the completion date for the project is June 15th and that the contractor is on schedule. He also explained that the railroad has not approved the agreement with the City for the new crossing and that improvements along the crossing will have to be delayed until the agreement is signed. Mayor Laurent offered to sign a letter to the railroad company asking them to expedite their approval of the agreement. Mayor Laurent suggested that City Council discussion on what questions are going to be on the community survey relating to the level of service be put on a Committee of the Whole agenda. City Council set the following dates to meet as a Committee of the Whole: June 23rd at 7 : 00 p.m. and June 30th at 7 : 00 p.m. Mayor Laurent recessed the meeting at 9 : 32 p.m. for an Executive Session to discuss litigation and collective bargaining. Mayor Laurent reconvened the City Council meeting at 9 : 52 p.m. There was no action taken by the City Council during the Executive Session. Vierling/Sweeney moved to adjourn to Tuesday, June 16th, at 7 : 00 p.m. Motion carried unanimously. The meeting adjourned at 9 : 52 p.m. , ,44:tiud . Cii)t J ith S. Cox ity Clerk Recording Secretary 7a MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Urban Klein Sewer Claim DATE: June 10, 1992 INTRODUCTION: Attached is a letter from Mr. Urban Klein' s legal advisor requesting City Council consideration for a sewer claim at 605 E. 3rd Avenue in the amount of $3 , 500 - $4, 100. BACKGROUND: In December, 1992 staff was contacted by Mr. Urban Klein, 605 E. 3rd Avenue, regarding a potential sewer back up at his residence. As is the standard practice, the Public Works Department investigated the City' s sewer mains in both 3rd Avenue and Main Street for possible obstructions. Finding no obstruction in the mains, Mr. Klein was notified that the problem was in his service line and that he would have to correct the blockage himself. Mr. Klein then informed staff that he felt the City's contractor on the 2nd Avenue Project, Barbarossa & Sons, had damaged his service line and that the contractor should dig it up and fix the service line. Staff informed Mr. Klein that it had not yet been determined if the City's contractor had indeed caused the problem and since the contractor no longer had equipment or crews in town, that Mr. Klein should dig up the service line to find out what the problem was and if he felt the contractor had damaged the service line, a claim should be submitted to City staff for forwarding to the contractor. Mr. Klein then hired a contractor to dig up the service line. Because the service line does not connect up to the City main in 3rd Avenue, they were unable to find the blockage because they were unable to determine where to dig. The contractor installed a new service from the house to the City main in 3rd Avenue. In February, 1991 Mr. Klein submitted a claim to staff in the total amount of $3 ,490. 00. This claim was then submitted to Barbarossa & Sons for their determination. On May 14, 1992 Barbarossa' s insurance company denied the claim on the basis that the contractor was not negligent or caused the damage. The Engineering Department also performed an investigation of the claim to determine if Barbarossa had caused the damage. Based on this investigation, staff concurs with the determination by Barbarossa' s insurance company in this matter (Please refer to the May 4 , 1992 staff memo in this regard) . Due to the denial by the contractor's insurance company, Mr. Klein is now appealing to the City Council for this claim. The City Council has indicated that the issue hinges on the determination on whether or not Mr. Klein's service tied into an old City main or was a shared service. In staff's analysis, this line was not a City main but rather a shared service, for the following reasons: 1. Main lines are normally 8" or larger while service lines are usually 4" or 6" . 2 . Mr. Klein's service line was a 6" clay line and the pipe behind the curb was also a 6" clay line. 3 . Current standards utilize 4" services for single family homes, but in the older part of the City, 6" services lines are quite common. 4 . The City main in 3rd Avenue was installed in 1949 or 1950. The City has been maintaining that line ever since. There has been no City maintenance on the second line behind the curb since 1950. There are no maintenance records available to determine if there was any maintenance on the second line prior to 1950, though. 5. It was quite common in that time frame to construct multiple homes on shared sewer services, prior to City sewer becoming available. These service line situations exist on every single street reconstruction project done in the older part of Shakopee. Mr. Klein's house was constructed in 1905. There were no building permits required at that time so there is no documentation on the proposed sanitary sewer service location. The age of the service also cannot be determined, although it probably was installed at the time the house was built. Because the sewer backup occurred in the service line and there was no damage caused by the City' s contractor, staff does not believe the City Council should consider this claim. Normally, there should be evidence of negligence on the City's part prior to paying any sewer claim. Paying this claim could result in future service line deficiencies also laying claim to the City hooking them up properly, which could be a result in substantial costs to the City. If the City Council wishes to consider this claim, one option would be to submit it to our insurance company for review and action. Past procedures have been to submit all sewer back up claims to the insurance company, rather than the Council being directly involved in these claims. The City Attorney may want to comment on the potential liability associated with future sewer claims. ALTERNATIVES: 1. Submit the sewer back up claim to the City's insurance company for review and action. 2 . Direct staff to reimburse Mr. Urban Klein $3, 490. 00 out of the sanitary sewer fund for this claim. 3 . Direct staff to reimburse Mr. Klein for some other amount. 4 . Deny the claim. RECOMMENDATION: Staff recommends Alternative No. 4. If any Council action is desired in this matter, staff recommends submitting this claim to the City' s insurance company for comment. Based on the analysis of this case though, staff does not anticipate a positive response from the insurance company in this matter. ACTION REQUESTED: Move to direct staff to take the desired City Council action in this matter. DH/pmp KLEIN LAW OFFICES FRYBERGER, BUCHANAN, SMITH & FREDERICK R.BRUCE BUCHANAN• A PROFESSIONAL ASSOCIATION NICK SMITH' HAROLD A.FREDERICK 700 LONSDALE BUILDING H.B.FRYBERGER.JR. DEXTER LARSEN' 302 WEST SUPERIOR STREET DAVID J.KOSKINEN.P.A." JAMES H. STEWART COUNSEL ROBERT E.TDFTEr• DULUTH, MINNESOTA 55802-1863 MICHAEL K.DONOVAN PAUL F. SCHWEIGER• (218)722-0861 NEAL J.HESSEN' H.B.FRYBERGER.SR.(1663.1937) JOSEPH J.MIHALEK• FAX(218)722-9568 AMASA E.WHEELER(1889.1970) SHAWN M.OUNLEVY• LOREN W.SANFORD(1931.1978) ANNE LEWIS DAVID R OBERSTAR• ABBOT G.APTER MICHAEL COWLES 'ALSO LICENSED MARTHA M.MARKUSEN' IN WISCONSIN DANIEL D. MADDY STEPHANIE A.BALL "ALSO LICENSED PAUL B.KILGORE IN FLORIDA MARY FRANCES SKALA WILLIAM A.VINCENT ROLF A.LINDBERG THOMAS D.DEMATTEO KEVIN T.WALLI TERESA M.O'TOOLE June 4 , 1992 FEDERAL EXPRESS Mr . Dennis Kraft City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Notice of Claim/Urban Klein, 605 East Third Avenue Dear Mr. Kraft: This Notice of Claim is being delivered to you pursuant to Minnesota Statutes S466 .05 in order to provide formal notice to the City of Shakopee of a sewage claim by Urban Klein. As you know, Mr . David Hutton, the Public Works Director, has been in contact with Mr. Klein since February, 1992 with respect to this matter . On or about December 9, 1991, Mr. Klein' s sewer backed-up in the basement resulting in cleanup costs as well as a significant amount of expense to determine the reason for the problem . During . tic next several weeks Mr . Klein incurred approximately $3,500 to $4,100 of expenses to obtain workable sewage disposal. On or about February 17, 1992, Mr . Klein turned in a sewer claim to Mr. Hutton who subsequently forwarded the claim to the City' s contractor, Barbarossa and Sons for their action. Barbarossa and Sons subsequently forwarded the claim to their insurance company and on May 14, 1992 Barbarossa 's insurance company denied coverage of the claim. On May 19, 1992, Mr. Hutton indicated to me that he would recommend to the City Council that it deny Mr . Klein' s claims for reimbursement . On June 3, 1992, an informational meeting was held with Mr. Hutton, Dave Klein, Bill Klein and myself to better understand the City' s position with respect to this matter . Based on the foregoing, Mr . Klein is hereby seeking reimbursement in the FRYBERGER. BUCHANAN, SMITH & FREDERICK Mr . Dennis Kraft June 4 , 1992 Page 2 amount of approximately $3 , 500 to $4,100 plus any other additional damages and relief that may be proper under the circumstances . In addition, my client (who may be represented by me or a member of his family) , would like to be placed on the City Council ' s agenda for June 16 , 1992 in order to present this claim for reimbursement to the City Council . Please confirm this date as soon as possible. If you have any questions or comments, please do not hesitate to contact me . We are looking forward to an amicable resolution of this claim. Yours truly, Thomas D. DeMatteo TDD/mlc cc: David E. Hutton Mr . and Mrs . Urban Klein iN 0 ,C) Ali ,., V w 4 in CD 00J1L1MVI w \ H u) 1� D / C) -;4-0-- (ix-) rz 1 � P 0 0 a m 0 R--J a U zoo 1t 1 -co co a, 41,,. o� NIVIN a 0 __________1 1 = 4 -c)z A C\I CO I\ _ezi CO MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Urban Klein Sewer Claim DATE: May 4 , 1992 I have completed my Engineering Department investigation of the above referenced sewer claim. In addition, I believe that our contractor on the 2nd Avenue job, Barbarossa & Sons, and their insurance company have completed their investigation of the claim and are probably going to deny the claim. I concur with their final determination and would like to summarize the events and facts related to this claim. Attached is a map showing the City's sewer mains in the vicinity of Mr. Klein' s property. The streets highlighted were reconstructed as part of the 2nd Avenue Project, including the sanitary sewer replacement. The contractor did replace the sewer in Main Street, but is absolutely convinced that Mr. Klein's service line did not connect up to this sewer for the following reasons: 1. During the replacement of this sewer, the contractor' s crew was unable to determine if Mr. Klein's service connected up to Main Street or 3rd Avenue ahead of time and consequently were extremely careful when removing the old sewer pipe. They did not remove any pipe without first visibly verifying that there were no service connections on this line. This fact has been independently collaborated by the City' s summer inspector. 2 . During the course of removing the pipe and putting new pipe in, if there are any service lines, water will periodically flow into the trench during construction. During the construction of this segment, no water was ever discharged into the trench. 3 . The main line work was done in September and Mr. Klein first reported trouble in November and the actual sewer back-up occurred in December. If the contractor had cut the service line, Mr. Klein would have experienced sewer trouble within a few days. Based on the above points, the contractor is certain that Mr. Klein' s service was not disrupted in any way by the contractor. Mr. Klein also feels that the City is responsible for the claim because his service line was not connected up properly to the sewer in 3rd Avenue, in the first place as it should be. The sewer in 3rd Avenue was installed in 1949 and we have not been able to determine why he was never hooked up at that time. In those days, there were a lot of strange sewer and water hook-ups that were never corrected. Irregardless of whether his service was re-hooked up at that time or now, it is the City' s policy that the property owner is responsible of ownership and maintenance of the service line, all the way from the house to the main. At this point, we are not sure exactly where this service connects to the main in 3rd Avenue. The only way to exactly determine that is by digging it up. I am of the opinion that Mr. Klein's service simply failed over time (as most of them do) to the point where it clogged up and created an obstruction. It was in no way related to the City' s street construction project. Therefore, Mr. Klein should be responsible for replacing his service line and that it should be replaced properly, to the main in 3rd, which he did. If this claim gets submitted to the City Council, I would recommend denial as there was no negligence on the City' s part. But if the Council feels some obligation, they should not pay the entire amount ($3 , 500. 00) because that includes the new service all the way from the house to the main. As a maximum, the City Council should only review that section of new service necessary to connect him up to the sewer in 3rd Avenue. I believe that Mr. Klein has retained an attorney, so I would request that you keep this memo confidential for now. Please contact me if you have any questions. àbul Upper Midwest Service Center St. Paul Fire and Marine Insurance Company 3600 West 80th Street Bloomington,Minnesota 55431-1080 612-893-5700 Fax 612-893-5995 May 14 , 1992 Urban Klein 605 East Third Avenue Shakopee Minnesota 55379 Re: Claim No. KK06300092 22M047 Insured: Barbarossa & Sons, Inc. Claimant: Urban Klein Date of Loss : 12/1/91 Dear Mr . Klein: Enclosed is a typed copy of our recorded conversation on March 17 , 1992 . Thank you for helping me to investigate this incident. We have carefully considered your claim in an effort to determine our insured' s responsibility in this matter . Our investigation does not show any negligence on the part of our insured to have caused your damages. Therefore, we must deny your claim and cannot make any payment to you. Sincerely, Joy Peterson Claim Representative JP/ADSJ1043 bcc: Jim Thompson Barbarossa & Sons David E . Hutton, P .E . Public Works Director City of Shakopee Property and Liability Members of The St.Paul Companies: St.Paul Fire and Marine Insurance Company/ St.Paul Mercury Insurance Company/ The St.Paul Insurance Company/ St.Paul Guardian Insurance Company/ The St.Paul Insurance Company of Illinois/ St.Paul Property and Casualty Insurance Company/ St.Paul Fire and Casualty Insurance Company/ Athena Assurance Comoany/ St.Paul Indemnity Insurance Company/ Ramsey Insurance Company/ St.Paul Insurance Company of North Dakota OLJV ADMINISTRATIVE POLICY NO. 50 Subject: Bodily Injury or Property Damage - Will the City pay the Bill Dated Adopted: 7/5/88 City Council Info Item 10/4/88 Source of Authority: City Council The City of Shakopee like all businesses carries insurance to cover citizens who are injured or who own property which is damaged when the incident is the fault of the City. The City's insurance policy requires that the ' insurance company shall determine if the City is at fault. In order to conclude that the City is at fault, the insurance company/adjuster must determine that the City has been negligent. If you believe that you have been injured or have received property damage because of the negligence of the City, please follow these guidelines adopted by the City Council: 1) Contact your own insurance company - homeowners, car, or health, depending on the situation. 2) If you or your insurance company believe the City is at fault, contact the City's insurance company, Sue Sichmeller of Capesius Agency, 129 Holmes Street, 445- 1922 . [If the injury/damage is a result of a construction project, the contractor's carrier should be contacted. Call the City Clerk to learn the name of the carrier. ] 3) If the issue is not resolved by the insurance company/adjuster to your satisfaction, you are "encouraged" to recontact Sue at 445-1922 and/or seek relief from the courts. District Court, or Small Claims Court (Small Claims Court has a $17. 00 filing fee and prohibits use of an attorney. The amount of the claim must be under $2 , 000. 00) . This is the procedure the Shakopee City Council wishes to use so that a disinterested third party can decide who should pay for the injury or damage. 4) City Council has designated the City Clerk as staff coordinator for citizens claims. Councilmembers thus do not individually get involved in claims. NO CITY EMPLOYEE HAS ANY AUTHORITY TO IMPLY TO YOU THAT THE CITY MIGHT PAY THE BILL OR THAT THE MATTER WILL GO TO THE CITY COUNCIL FOR A DECISION. MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk ";;✓ RE: Administrative Policy No. 50, Procedures for Handling Damage Claims DATE: September 28 , 1988 On July 5 , 1988 , Council discussed the possibility of changing their procedures for handling damage claims so that the last resort a resident had would be to meet with the City Attorney regarding their claim. After discussion at this meeting Council decided against the residents meeting with the City Attorney after they had followed the City's procedure for the handling of a damage claim and were still not satisfied with the results . Instead Council reaffirmed Administrative Policy No. 50 which did not provide for this meeting. After the discussion at the July 5 , 1988 meeting, it is staffs interpretation that it is Councils desire that the procedure for handling damage claims would be completed after the City's insurance carrier decided that the City had ' not been negligent. Administrative Policy No. 50 originally adopted in 1981 and reaffirmed in 1988 continues to have in the 4th sten of the process, "Any citizen who wishes to go to Council with a claim shall be directed to the City Administrator who will place them on the agenda for the next Council meeting" . In compliance with Councils reaffirming Administrative Policy No. 50 on July 5, 1988, the attached Administrative Policy No. 50 dated July 5, 1988 will be inserted into the City's Administrative Policy book replacing Administrative Policy No. 50 dated September 14, 1981. Any Councilmember who does not concur with this interpretation should advise John Anderson in order that this item might be placed back on a Council agenda for further discussion. JSC/tiv 4j3N June 16, 1992 City Council City of Shakopee 129 Fast First Avenue Shakopee, MN 55379 Re: Mr. and Mrs. Klein - Sewer Back-up/605 East Third Avenue Ladies and Gentlemen: David D. Klein and William J. Klein respectfully submit the following documentation to the City Council of Shakopee on behalf of our mother and father, Urban and Jerry Klein, concerning a sewage back-up in their home on or about December 9, 1991: 1. Statements from the contractors involved indicating that Mr. and Mrs. Klein's sewer line was totally clear to the street main. 2. A map prepared after discussions with neighbors indicating what the neighborhood believed to be the main sewer line configuration in the area. 3. A detailed listing totaling $3,430.47 for costs incurred by Mr. and Mrs. Klein for clean up and to obtain workable sewage disposal. Additional costs over and above this amount of$200.00 were required for landscaping and yard work. 4. A bid from Kusske Construction in the amount of$300.00 for street work not yet completed as a result of this sewer problem. As you know, our parents are long time residents and tax payers of the city of Shakopee. They are currently retired and on a fixed income. The winter sewer back- up caused them to incur significant expenses to obtain workable sewage disposal which they believed the city of providing to them. We are hereby seeking some form of reimbursement for costs incurred to obtain workable sewage disposal based on , 1) the above documentation indicating the service line was clear to the street, 2) the City itself is unable to determine the configuration of the sewer line (i.e. question marks on its maps), 3) the city has not demonstrated that the sewer line was not a city main and 4) there appears to be no other party from which to seek help to fix the problem. In summary, we understand that the city has alternatives in this matter. They could submit it to their insurance company but we believe that this would simply cause more undue stress on our parents, as they have already had to deal with Barbarossa Construction and its insurance company. Our mother and father are not parties to the contract between Barbarossa Construction and the City of Shakopee. If there is an issue with the construction company, the city should be acting on the behalf of my parents, the tax payers who are wrongfully damaged in this matter. Thank you for your support in bringing this problem to an agreeable resolution. Sincerely, William J. Klein David D. Klein Wayne ,,auwalter Plumbing 4 poh 15525 Green Meadows Circle, Carver, MN 55315 (612\ 448-4763 June 16, 1992 , TO WHOM IT MAY CONCERN: Was .called by Urban Klein to unplug his sewer line on December 11, 1991. Operated electric sewer machine out 125 feet several times and was unable to correct problem. Since distance from house to the center of the street was only '65 feet, we callecthe City of Shakopee to see if the main line in the street was clear. The City inspected the line and could not see a problem, but they used a power jetter to clean their line. We tried again to clear house service with no luck. Called excavator and dug up the line. Found Klein's sewer connected to a 6" clay sewer pipe in the boulevard parrelling the street instead of connecting to the sewer in the middle of the street. We believe the 6" sewerlas accidentally disconnected when work was done in next intersection by City Contractor. WAYNE DAUWALTER Plumbing Wayne A. Dauwalter }f• • . . • 1 irk ~ C CD CD CDCD 0' O'1 • a -- cam+ • '1 OHC (D CD H. H. > C 'd ' ''i 1 H) N. 1--4 (D N• O X 'd Cal �CD • ¢ 0 • H• CD Cl) '1 •'CD .-,�, .- ( C) J�✓. - P. G t-' N H. CD CD a CD CD (D 0O '1 F'• H. CD co Sr 0 IJ O 11 O CD CD < C) x c` t7 s CD CD 0 CD ) ) CD 0 'd Cl) ♦J C O ~S Pa n W IJ 0 c CD - 0 P P. CCD 5 CD ct P.. CD '1 A) CD . 0 ct `4 ct '1 0 Ct CD s✓ CD CD '•d c-, Cn CD '1 Ct 4 (D �j CD 11 Po Pt- a cH. CD COD U) 0 0 ir' C r CD ci- CD • . CD u ct O 0 .. ` O (3' '1 ct 0 Cl) , S✓ CD x P. (D P (D Ott 0 COCD C) O CD . • • I 1 1 06/16/92 13 09 a 612 559 7004 ROTO ROOTER P•02 DATE C)-- <U t 4- _ p URGENT...!�.. ......: _.............. ROTO-ROOTER SERYL ES COMPANY U SOON AS POSSIDIr 14530 27th A c. N. FILE NO._...__...._...____.... ., .,..... ..._._..____...._.. ❑ N R£ LYNEEDED MINNEAPOLIS, M 55447 _... ,.__. l'IA-eve.04(..3 ATTENTION . _....._._.. ...... .._. .. 7I) (612) 644-0 51 sv&'-cr ' - _- 16-04---/ 6t)..,(.2.Z<--4 / X.e-e.-4'‘.. 1 2//0- / 9/ _ . _______ MESSAGE i,2, . 1, i..1..e.__ 444,.),_.__ / 2- . z .- ooh- a-t-e,-- -Pt-61-- i---- , uti _ . . , SlaNI-17 6/170 --.A.-r.-4.-1, (-"...g:-1"......4.--/• RFP1 Y .�..".....• __, OM!1 01 REM Y _..._._......-.._.�.__._._.... ..__ - _ S/GNFP . ____..__.__._.._....___-_-______..... \ i---- COOM Ell = Ell ' T li_____ > 0 MAIN I o Li_ G 1 NI a P J ; c,.) feJ-) ' �J - z 4 i ii 7---- i T • \ AI-- IKET .1 r -- OM O 4 1 MI T 0 ME j s Total Project Cost Breakdown John Ries Plumbing $16.30 Roter Rooter 52.00 Roter Rooter 151.25 Wayne Dan Walter Plumbing 318.42 Kusske Construction 2892.50 Subtotal 3430.47 Kusske Construction (Paving) 300.00 Lawn Clean up/Landscaping 200.00 Total Project Cost 3930.47 Copies of these bills have been submitted to Mr. Hutton. JOHN L. RIES, JR. PLUMBING 220 West Third Street Shakopee, MN 55379 STATEMENT DATE /? 7 S7 n .5 z -� //- / /4 •3 T 048) 173 ' ROTO-ROOTER SERVICES COMPANY ROTO- SDS 12-0750 INVOICE NO. MINNEAPOLIS, MN 55486 `7% % ?✓i (WOTER (612) 544-9551 }}� I understand the conditions e in on }+re DATE OF SERVICE reverse side of this Invoice. G� / (Ininat) ` 2/�/ i NOW YOUR PLUMBER TOO! ?;i c . r72 ‘v ccopo SAVE THIS INVOICE FOR YOUR GUARANTEE CUSTOMER PHONE TENANT PHONE CUSTOMER NAME ' FEDERAL I.D.NUMBER PURCHASE ORDER= BILLING ADDRESS : ( 7�: El 42-0499300 CITY STATE -ZIP CHARGE AUTHORIZATION= C/IPCr 41/\/ S(73171/ PDDRESS i J06 ADDRESS IF DIFFERENT THAN BILLING ADDRESSi 1 STATE ZIP APARTMENT NO. TENANT NAME i I I I I '/�/ - . . DESCRIPTION OF WORK (''.-'7"/"'' .r'7/h•A _c- Q 1 4 c;• '51 4r, 1-/ Q- �L t y Ai �� rY-Lc!✓' 4,op� v 4---/a • _ 4- v (7" r •r ;l _ 1 I i'1 F_ t1.1\.4 C>'1 4P i 14..r .L. •../I <her e ...-I S �Pv7 D.Sc Oc�n ,r i • 4 J;--, --- Time Taken 1' '--)-2- Time Arrived ` . .. i.) Time Completed ' 4(v ET MAIN LINE: 1-1 FLOOR DRAIN: l� 1 I BATH TUB: r-1 KITCHEN SINK: 1 yCl OTHER LINE. 1 L S FT. I I TOILET BOWL: WORK ORDER AUTHORIZATIONGUARANTEE OTHER CHARGES INVOICE AMOUNTS I hereby authorize you to perform the above described services and/ 4 TOTAL 1 S $ PARTS $ I agree to pay the amounts indicated to the right. I hereby certify o . that I am duly authorized to order and approve the work requested. $ LABOR 5- 2, 17--. //� / 0 TOTAL 4 SIGNATURE "7 /"fin-f - �p-e�'.1 TITLE $ OTHER TYPE OF SERVICE TERMS OF PAYMENT rIn the event check is returnea. the COM- TAX EXEMPT PANY will charge the CUSTOMER'S credit N TAX RES/COMM PLUMBING D.F.I. CREDIT CARD CHECK • card for the amount of the check plus aU INDUSTRIAL I.P. S.T.P. NET 30 TOTAL CASH (] S15.00 processing fee. $ �� o� itOTO- 4ItQOTER CALL ROTO-ROOTER FOR QUALITY PLUMBING SERVICES This is to acknowledge completion of the above described work which has been done to my complete satisfaction. � , r2/c /67/ 1----:"),/.._.." (7 w`-d=`: #�� y ���,�',"�1'� '�+ti` �� �G1 SERVICEMAN'S NAME "_'��+< < <, DATE CUSTOMER SIGNATURE CUSTOMER - 2 ROTO- • SOS 12-0750 It:vOtCE':O. (iii R0OOTER MINNEAP0US, MN 55486 �tt�1 e��.�,� (612) y5�44-9551 }�p - Y1�d:as rid the conditions as /a e ( SERE revorse side of this imroice. v1 ._ NOW YOUR PLUMBER TOO! SAVE THIS INVOICE FOR YOUR GUARANTEE TENANT PHONE CUSTOMER PHONE CUSTOMER NAME t FF . ,J .f '/ rt. t I FEDERAL I.D.NUMBER PURCHASE ORDER BILLING ADDRESS 42-0499300 -� �� CHARGE AUTHORIZATION , • ^CITY T STATE ZIP---:.,.I .-' ,-�'J '', ` iA A, >-- I-171 -2I 5V�)_ f ADDRESS(JOB ADDRESS IF DIFFERENT THAN BILLING ADDRESS', STATE ZIP TENANT NAME APARTMENT NO. 1111 DESCRIPTION OF WORK .7, . . . , .� ,/-. .. . / ""2.4•:,, : /, �.., `./;..r., -4.-: "%P 11.^��,_.v l- ._. '/ -moi :-.Ar 2 Time Arrived ''"C' Time Completed ,G.-.e.',-1`,",-:.4.." r5,...IC' Time Taken (.--- - . BATH TUB: AIN LINE. ' Q FLOOR DRAIN: n h4//�J //' FT. TOILET BOWL: 4-4/F14-4/j.., KITCHEN SINK: ! OTHER UNE: GUARANTEE nOTHER CHARGES .4:74...4_, IKIWVEArktPUKTS J� WORK ORDER AUTHORIZATION TOTAL I hereby authorize you to perform the above described services a �v�� SF f 6ila11),c G PARTS $ 57ci - I agree to pay the amounts indicated to the right. I hereby certify / LABOR ���� 2 that I am duly authorized to older and approve the work requested. $ . / o t/r 7F,�i L jt/; TOTAL .G SIGNATURF?r +1/t ��^ ` `5 TITLE ^, , $ OTHER TYPE OF•S' RVICE TER,„„c re ,r, r In the event check is returned.the COM- TAX EXEMPT PANY will charge the CUSTOMER'S credit N TAX RES/COMM PLUMBING ElD.F.I. 0 CREDIT CARD CHECK 0 card for the amount of the check plus a TOTAL $ / �Z� INDUSTRIAL 0 I.P. 0 S.T.P. 0 NET 30 0 CASH 0 $15.00 processing fee. �'"°'Ar CALL ROTO-ROOTER FOR QUALITY PLUMBING SERVICES This is to acknowledge completion of the above described work which has been done to my complete satisfaction. t � ,`, �b`"� h 'ti` '/ /G` `^ J/ 1._/ ICEMAN'S NAME DATE CUSTOMER SIGNATURE CUSTOMER-2 II'1VV1%.•C INVOICE I INVOICE IFA WAYNE DAUWALTER PLUMBING DATE 1111 NO. 15525 GREEN MEADOWS CIRCLE 1': ?_,0 i 1 1 .-':3 CARVER,MN 55315 (612)448-4763 V LF_IN, URBAN SHIP KLEIN, URBAN SOLD a05 E. 3RD STREET TO 605 E. 3RD STREET TO SHAKOPEE,, 55379MN SHAKOPEE, MN 55379 PURCHASE SHIP VIA TERMS ORDER NO. Ref : 7288 -- 30 DAYS itt:rrr- ` escr-4r41 ( Quantity :Jn t Ui;it-pr ice Ext-pr-ic- -- 326 PVC TEE 4 1 EACH 5. 54 5. 5' 352 PVC CO TEE LIP 4 1 EACH 8. 31 8. 7.: 1564 NO HUB COUPLING 4 1 EACH 5. 76 5- 7c *ITEM FERNCO NO-HUB DONUT 4 1 EACH 7. 06 '. 0 *SHAKOF'EE TRANSPORT CHARGE 1 TRIP 7. 00 7. O C LABOR RATE FOR 8. 75 HOUR 33.00 288. 7` INSTALLATION OF PLUMBING CLEANOUT IN PLUMBING STACK IN BASEMENT OF HOME. MADE AN ATTEMPT WITH ELECTRIC SEWER MACHINE TO OPEN LINE. RAN OUT 130 FEET OF CABLE WITH NO SUCCESS. RECOMMENDED HAVING LINE REPLACED OUTSIDE. AFTER LINE OUTSIDE s WAS DUG OPEN IN BLVD. , WAS ASKED TO TRY AGAIN BE- �j `' CAUSE OF FROST IN THE STREET. TRIED OPENING LINE n I / TWO MORE TIMES FROM BLVD. DISCOVERED THAT OLD 3 SEWER F'IF'E RUNS IPI BLVD. INSTEAD OF CONNECTING r' TO CITY SEWER IN STREET. sJ cit :2 12yo SALES TOTAL 312. 4: FINANCE CHARGE ( 137. ANNUAL PERCENTAGE RATE:' MISC. CHARGES WILL SE ASSESSED ON ALL ACCOUNTS 70 DAYS PAST DUE. SALES TAX `'_'• ;;. SHIPPING 0- 0. INVOICE TOTAL 31E. `1._ DEPOSIT BALANCE DUE KUSSKE CONSTRUCTION CO. INC. 3575 County Road 10 East Chaska, Minnesota 55318 STATEMENT January 6 , 19 S'2 Urban lain 605 3rd 4vPnue � t �haKn*�QA, r.'irr,Fata gg37C JEANETTE E. KUSSKE PHONE President All Types of Construction 448-3321 12-18-91 WarningT Lites-barricades $ 40.00 Permit to dig in street 25 . 03 Ford Backhoe 717 hrs. @$55.00 412 , 50 Labor 6 hrs. @$20.00 x-120.00 72-19-9 Labor 7 hrs. @$20.00 4 140, 00 12-20-91 Impact Hoe Rental 600 , 00 Core Drilling Machine Rental 200, 00 Truck time 2 hrs. @$40.00 $0.00 13 ton red rock@$5 .00 65 , 00 Backhoe 10 hrs. @$55 .00 550, 00 0, 00 Labor $ hrs. @$20.00 Materials: 30' 4" XIS Cast 70' 4" PVC 2 4" Neoprean Bands 1 10"X4" Saddle 1 4" Cap 1 4"X4" Wye 3 4" Couplers 3 4" Bends 500, 00 28S'2 , 5-0 We will bill for clean-up when we have to return to blacktop. We may need to use some of the materials due to settling. Thank you, c›-LdL /7.5/ Service Charge 1%After 30 Days KUSSKE CONSTRUCTION CO. INC. 3575 County Road 10 East Chaska, Minnesota 55318 PHONE All Types of Construction 448-3321 March 3 , 1992 I4r. Urban Klein 605 Third Avenue East Shakopee, Minnesota 55379 Regarding : Street repair Dear Sir; Our proposal would include equipment, labor and materials necessary to repair the street in front of your residence . This would include patching the street with blacktop. We would proceed with this project as soon as blacktop is being mixed. Our price would be $ 300.00 Sincerely, eanette E. K sske L TO1\1SEN '0 MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Application for Rezoning from B-1 to B-3 DATE: June 9 , 1992 INTRODUCTION: The City has received an application for rezoning from Dr. David C. Eckart, D.D.S. , requesting that the City rezone Lot 10, Block 25 of the original Shakopee Plat from Highway Business (B-1) to Central Business (B-3) . (See Exhibit A. ) BACKGROUND: At their June 4, 1992 , meeting, the Shakopee Planning Commission recommended approval of the rezoning of this lot from B-i to B-3 . In addition, the Planning Commission initiated the rezoning process for the entire Block 25 from B-1 to B-3 to bring the zoning for this block into conformance with the 1990 draft Comprehensive Plan. The Planning Commission will review this rezoning concept at their July meeting and forward a recommendation to the City Council. Mr. Kevin O'Brien of Greystone Construction Company has been hired to represent Dr. David C. Eckart, D.D. S. in his application to rezone his property located at 300 First Avenue East. The applicant' s property is located on the northwest corner of Block 25. This block is bounded by Sommerville Street on the west, Spencer Street on the east, 1st Avenue on the north, and 2nd Avenue on the south. CONSIDERATIONS: 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. 2 . The 1990 draft Comprehensive Plan and the City' s Downtown Revitalization Plan (1985) have designated the subject site, as well as the block in which the subject site is located, as a Central Business District (CBD) land use. This category allows a variety of retail and service businesses and offices set in a highly compact arrangement, and not necessarily having on-site parking. The zoning translation would be our present B-3 zoning district. (Please refer to Exhibit B. ) 3 . Exhibits A and B illustrate the functional street classification system, zoning, and land use in the downtown area. TH 101 and TH 169 have been designated as arterial streets in the draft plan. Spencer Street and Fuller Street will serve as collector streets from the mini bypass south through the downtown and the urban area of the City. With the shifting of TH 169 to the Lewis Street alignment from Holmes Street, and the designation of the Fuller and Spencer Streets as Collector Streets, the area designated CBD has shifted to the east in the downtown area. 4 . The applicant is proposing to rezone his parcel to Central Business, B-3 . This district was established to recognize the unique character of the CBD in terms of land use, height requirements, parking requirements, and circulation. The permitted and conditional uses are attached as Exhibit C. 5 . Exhibit D illustrates the design of the mini bypass near the subject site. The "U" shaped design of the intersection of T.H. 101 and T.H. 169 will cause a portion of the existing T.H. 101 (1st Avenue) north of Block 25 to be removed. Primary access to the subject site will be from Sommerville Street and the parking lot on the southern portion of the property. The portion of TH 101 (1st Avenue) that currently lies between these streets (north of the block on which the subject site is located) will be redesigned as shown on Exhibit D. The TH 169 mini bypass is scheduled for completion in the summer of 1994 . 6. The entrance to the structure will be located in the south portion of the building, adjacent to the proposed parking area. A copy of the applicant' s site plan is shown on Exhibit E. A shared driveway will remain on the east side of the site. 7 . The subject site is currently zoned Highway Business (B-1) . The purpose of the Highway Business District is to recognize development opportunities and the need for commercial establishments to front on, or have immediate access to major highways. Permitted land uses should take advantage of the highway access in a manner in which other business districts are not provided. Also acceptable are quasi-industrial and wholesale enterprises that do not meet the requirements for an industrial setting and have considerable customer contact. 8 . Since both the City' s Downtown Revitalization Plan and the draft 1990 Comprehensive Plan have designated this block for Central Business (B-3) , the Planning Commission has requested that staff initiate the rezoning of the entire block from B-1 to B-3 to bring it into conformance with the land use designation of the 1990 draft Comprehensive Plan. 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 criteria listed below: 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 both the B-1 and B-3 Districts are clear. Criteria #2 Significant changes in community goals and policies have taken place. Finding #2 The goals and policies for the B-1 and B-3 Zoning Districts within the City of Shakopee have not changed. Criteria #3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding #3 Significant changes in the downtown development pattern have resulted from the design of the T.H. Mini By-Pass. The "U" shape of the highway' s connection to 1st Avenue will shift the City' s Central Business District to the east, and the existing portion of T.H. 101 located north of Block 25, original Shakopee Plat will be eliminated. The rezoning of this site would assist in the development of this block. Criteria #4 The amendment is necessary to implement the Comprehensive Plan' s growth management program. Finding #4 The rezoning of this parcel from B-1 to B-3 would be implementing a portion of the draft 1990 Comprehensive Plan' s growth management program. ALTERNATIVES: 1. Rezone Lot 10, Block 25 of the original Shakopee Plat from B-i to B-3 . 2 . Deny the application to rezone Lot 10, Block 25 of the original Shakopee Plat from B-1 to B-3 . 3 . Request that staff provide additional information regarding the rezoning of this lot. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No. 1. ACTION REQUESTED: Offer Ordinance No. 336, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map to Rezone Lot 10, Block 25, of the Original Shakopee Plat from Highway Business (B-1) to Central Business (B-3) . ORDINANCE NO. 336, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP TO REZONE LOT 10, BLOCK 25, OF THE ORIGINAL SHAKOPEE PLAT FROM HIGHWAY BUSINESS (B-1) TO CENTRAL BUSINESS (B-3) . WHEREAS, on May 11, 1992 , Dr. David C. Eckart, D.D. S. and Catherine C. Eckart, submitted an application requesting rezoning from Highway Business (B-1) to Central Business (B-3) of land owned by them described as follows: Lot 10, Block 25, Original Shakopee Plat; and WHEREAS, a public hearing was scheduled for June 4, 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 hearing on June 4 , 1992 , and voted to recommend approval of the rezoning request 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 Lot 10, Block 25, Original Shakopee Plat from Highway Business (B-1) to Central Business (B-3) . Section 2 - 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 . [ORDREZ] EXHIBIT A -- ----- F;:: �f '•'•.;,.'y w:: ,ps `;:iia,.,..,:..z' 3a...,*:,.::..:s: . Kv Vv Y K'S./ , ,,,,,,,44.,,,,,i:-ti > fis a 7? 4+ a AG; � a ,---...::2-:::.,i..„. F Ainutm. ell. OMf»S1Ef , ie� x tsar » 7p :, ��—�� CANsigeppit r ' t :�a ; a(4t( 044/3 ,. a.M tri--� ' .. jl 1.Y�t �' `ice + +. jpooi 1 ,• t----..,_,,---, • ,•' +1-'i• •.•t ! ' '" alma - `. 1•} l:..` •t, S 1 • I. tri _. : .1 ..--:-.0-. •• .4 '. :`'',' `, t` '''• . ;. I _ sem-- ;-�r,�� (:,t - t-,..ter-d i 1 • 1. 1 ti S• ow • Jl 4 t1. 1� �wt�- ,t.: '1��• n tt '_ '•i+ •,�- '+ it ,o.:,_k, _t SRI' u21• : .mr 1 1�• ' e t ! 1. iiiii:msg. tear 't' 1 we t s _ _ s r--7---7 • AG AGRICULTURE +• ! ` .. . ` ' ' t— t • , 1V , ,•i , , :' ES R I. ., !I i.} Jtri'wti.« N R1 RURAL RESIDENTIAL +.; ``,• ' ; ., R2 URBAN RESIDENTIAL ."=' = y R3 MID-DENSITY RES. J r - 1.7,,,,,.___,. 1 I R4 MULTI FAMILY RES. '` 4 M1 `� • - UM ' 1 i'i ..1..11 1 i.Yr 4 f' I 1 !,: B1 HIGHWAY BUSINESS ■� _ • 82 COMMUNITY BUSINESS 1- 1 - : q-",_.. ;• o• B3 CENTRAL BUSINESS -r: ��:�-=? _.., "`.. --' 11 LIGHT INDUSTRIAL "b 7 l• !'i - t .►z i - 4 �' 12 HEAVY INDUSTRIAL "� - — 1 (�" MEW 11. . Y „FF..••..Jdltt S SHORELAND 11 1-`, r-� FLOODPLAIN DISTRICT . _; • —�._1 ; • 1..3)-1,s1 -•-•• MANDATORY PUD r --•2•`'` •�.-, RTD RACETRACK DISTRICT • _' `�1,,......,... rf.1,' _ Zoning Map City of SHAKOPEE Tow risni,. t _____,.....3.„ ----t Kies --5,---- _ _, . ,, ...... ..r....__..s,icty.4o, --........m.7:10. ...0 w I nsh Lill. 7 )_I= 4,.......- ........„,. 4 .., ..• ,-•-r N • - EXHIBIT B 1 • *\ \ 1 --L______-------- ..)•\ -Ac.' . A ; R, :--..r.. . mfforag...... R/AL 5• \\6\ - . • OS • -• • I . , .-- !NO 0 t,LRS ammo S(1/6J ....s.,,,,:,. ...„,.•,.....,.„ 00... .0.. „--..„0:04;"_,,,,,,04 s 8 . RivERSIOE PARK )4 .:3 ...ji .. -.. KU, .r.,"•:,7,.. 4. ,„. c.-4,---;.;:.-rNi.: -di g1. LA Itee!e1.1,:,...:..-... 3 74,- -i6.‘:--g,Eit 4-.,,_., ...- .e.;:__ :_c A A-A-.N.,-rfe u•--4, '71: . ,.;--,..-,:r;:-.;.:1V4,0, 10-.0 Ott; — -.• "--'''-'11111111 I.'— ...° a° 9 R ..,12,040-053 f--:T:-#. 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So SS Alli •fr-:U-V 4.14..I.A_-:---- ,-;. ...--,,,citc. _- -- _ _ - 1.4 oriti!sit,..,-. . _ lagt''-'4 _ lop - .-..,.2sles, .7 .t.la.--_,...— ..„, . \-- . #4.:••.-.1100 VW, I'''.-e.f' -a k-,,j77, --,,-_,!..---,-,--,,,: ::7.4.0,\711.11 1314- 11-541:'.14V:1/114111t -_ ,:.,.4z.,-.3 it...... -t-,---7-..,._ ,- . •1.;_y lawr-e. IrV"‘' 'A,a',;Ati`;1 ''1 . -!ill v- ,.'11__ _____.%"` 1V,,_.•,7;,-": „: .. • ---'• •,,," . --arr''''..- 1 •,.:„!,',.,k •,. ...... C---411""--- --::-'•••-•-;-•,44 °.-nr;t .i % V.-1-'.. •. . .-• 'AIL , •:-._,... .. , t... ,....remswo „., _ • .:J- - ..1.- ---I lif3L-1_,I,k, Aini- -..- -ilk,_ _ , vi .-:-..--_:%--.7-...,„ • V-1-- ';... -•'..,•cf. :-•:- , ---r---1.,.,...:., l'''.. 11111'o 01111. ,- , .•:-„,,....,1-.e.tfit- ...„, ez, --- .AA .1k... , . „..,.,- -- -- ,s. ...,... • \,..,..-,..- -; is,n1,14.1 ,t ....... .... ,.:,44. I. ovi . 0” . ii • l , ' s, los I _ __ -oil 11 IOW- , 111,,,,, ,.......i, . • 410, ,.,,,,,,s inrt.*,00•.:IA.! - g 0 lit sitA C 1 IS U g C° r41 I L ild *a 0.a. \ 1O1T1 ort'''..:•._1071:..,::CA,,..,_ .01 %u'% 00A 11iSS1SItIOi Ve •-2 1l1.0gf..1t0 i*s•nAi' 0 i,i.tllaAn i 1 Oil 1 dik ittli Slat tit. It" 3 tet .yi\.._,0 ,:m.-_,•_. id's'!" Int 111--- - iii f Pv"A - Olt La% all ,AdA ikra 4,0,1:•_•,,, vs s ,-. ,§ ,it oil oil sr I tit tk:, i Otti , 11 al est tive 7- . 1 ill I u,.. -____ i Valitou 1 JeSti 5 IS* 5 \"‘j7. Willi Wilielli MI Issi irak • iliori _ to ma at Nil . 4 ,' 11,.,•_- 111- k 1 4 110 0.1.1111 Mill an 1 . . _ 111111111 Mali 111.11"0" MI Wi , alai • I, 3 we mu r--1--- ForTiTg F41-77-7-q 7177--)041 1 1 ...--- H-----4.t .-------. 1 r------..------7 r731.... . EDIT C Y -1 . ; _ SEC. 11.31. CENTRAL BUSINESS 03-3) . • Subd. 1'. Purpose. This District is established to recognize the unique character of the Central Business District in terms of land use, height requirements, parking requirements and circulation. Subd. 2. Permitted Uses. Within the Central Business District, no structure or land shall be used e::ze t for o.:e or mo:= of the following uses: A. All permitted. uses in 3-2. B . Liquor store . C . ?utlic buildings . D . Tavern. E. Theatres . F. Dwellings , combined with a permitted use . G. Armory, exhibition hall. H. Hospitals and clinics . • I. Churches . Source: Ordinance No . 31, 4th Series Effective Date: 10-25-79 J. Class II day care facilities when located in the home of the day care provider. Source: Ordinance No. 279, 4th Series Effective Date: 12-1-89 (CODIFIER'S NOTE: Also see Ordinance No. 264 , 4th Series , as to Subparagraph J, above .) Subd. 3. Conditional Uses. Within any Central Business District no structure or land shall be used for the following uses except by conditional use permit: Source: Ordinance No . 31, 4th Series Effective Date : 10-25-79 A. Commercial recreation . Source : Ordinance No . 96 , 4th Series Effective Date: 11-11-32 B. Wholesale and assembly operations. • C . Restaurant serving liquor . D . Bus terminal and taxi stands . E. Multiple dwelling structure . F. Newspaper printing or publishing shops . G . Cultural and fraternal institutions . H. Parking lots . Source : Ordinance No. 31, 4th Series Effective Date: 10-25-79 -- • - - I. Animal hospitals and veterinary clinics serving companion animals and domesticated pets; provided, however , that all animal confinement areas shay_ be fully enclosed within a building . Source: Ordinance No . 117, 4th Series Effective Date : 4-23-83 J. Sed and Breakfast Inn, subject to the following conditions : 1. The establishment must comply with State Health and Building Code requirements. 2 . Only guests shall be served . 3. The facility shall be limited to five guest rooms or a maximum guest capacity of ten . 4 . The building must be at least 75 years old . 5. Guest stay shall be limited to thirty (30) days . 6. Off-street parking shall be provided in accordance with the parking requirements of this Chapter . A minimum of one space per guest room and one space for the operator ' shall be required. 7. Signage shall be in accordance with the provisions of the City Code regulating signs . Source: Ordinance No . 159, 4th Series Effective Date: 2-23-85 K. Class I day care facility. L. Class II day care facilities when not located in the home of the day care provider. Source: Ordinance No . 264 , 4th Series Effective Date: 3-25-89 Source: Ordinance No . 279 , 4th Series Effective Date: 12-1-89 Subd. 4. Permitted Accessory Uses. Within the Central Business District the following uses shall be permitted accessory uses : A. Private garages, off-street parking. - B. Temporary construction buildings . C . Decorative landscape features . D. Any incidental repair or processing necessary to conduct a permitted principal use. Subd. 5. Lot Area, Height, Lot Width and Yard Require- ments. A. Maximum building height is 45 feet, conditional use if over 45 feet . 3 11 . 3 : 3. Side and rear setback if abutting residential district: same as 3-2. Source: Ordinance No . 31, 4th Series Effective Date: 10-25-79 Subd. 6. Performance Standards. A. Acceptable Building Materials. (For applicable provisions , see Section 11.60, Subdivision 5) . 3. Landscaping Requirements. (For applicable provisions , see Section 11.60 , Subdivision 7) . C. Screening. (For applicable provisions , see Section 11 . 60 , Subdivision 3, Subparagraph D) . 1. Roof Top Facilites . (For applicable provisions, see Section 11.60, Subdivision 3, Subparagraph D, Item 1. 2. Outdoor Storage and Trash Handling . (For applicable provisions , see Section 11. 60 , Subdivision 3 , Subparagraph D, Item 3)_. _ Source: Ordinance No . 246 , 4th Series Effective Date: 6-17-88 SEC. 11.32. LIGET INDUSTRY (I-1) . Subd. 1. Purpose. This District shall serve as a transition between more intense industrial sites and residential and/or business land uses. Mixed land uses other than intense manufacturing and processing shall be allowed such as warehousing and office space . Subd. 2. Permitted uses. Within any Light Industrial District, no structure or land shall be used except for one or more of the following uses: A. Warehousing and wholesaling . B. Offices . C. Public buildings. D. Research laboratories . E. Construction and special trade contractor . F. Essential services. Source: Ordinance No. 31, .4th Series Effective Date: 10-23-79 G. Restaurants (Class I and II) , taverns, private lodges and clubs and supper clubs, but only when part of a Class A licensed horse racetrack as provided for in MSA 240 .01 et seq. • Source: Ordinance No . 138, 4th Series Effective Date: 11-24-83 I ,...-.~-- . - • / / j 5T OFFICE j / / EXIIBIT E ra --) ir. ---- --- ---- nb — } ••• 4C q0. .cd or-o" e i e ° •• Me ALLEY c.T.IMHG 4401 = wWar_ CMw fmrsslw) •• tam .d unfK '• Q I 1 td-tz.,r N a< N I ; r'io;E °:.!!!: I.<'.`�CI3t V 41 5 4 I 3 2 (P 1 C:"�e: re.ec l— J;c o<'l. WWI < 7221.0Thic J (LW/NC (falif Mira 4,EW,) h :2:25�. � nx,w�r2 ♦I Q....aro.-a.. coMneuous r • f° �11RK7/JG �; Z ` ' J Z • ♦� 1111 MAn4 F/J>'/AAlCYa • n \ W 1 ii Er 7-:.'..... .751:. eMCL'I i.... PV 1a . / / a. Cg 1 "Ld ,...0- —.k tad 1 o•� , 0 < 1 j PROPOSED • o g ;1411146 ADDITION ° 2 ••u f Z CC/ /, ON _ W DC1UE • - o a h W // i 74) p CI W / liv:;/ / w M et .�c/ F EXISTING ;'., • / I.Ca Wa / '"/ BUILDING - w . �> Cy y:� p W Q �/ to i ' �c • / 5 0Q' C e�7 .. .�1 . frl$0104(Ith ! WV T10..\ �IyWMGL--_-le-40.•74. ,1/ 1 N �__ • .. - ..wr..y tea. ,va1 +ma CC - -= = : = _ == = -__ _- " : lD lo MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Preliminary and Final Plat for South Parkview 2nd Addition DATE: June 10, 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 sewer service for the subject site. On May 19 , 1992 , the City Council passed a motion to direct staff to prepare a feasibility study for the extension of the VIP Interceptor. The applicant for South Parkview 2nd Addition, Mr. Clete Link, has requested that the application be processed at this time. The Planning Commission reviewed his request for preliminary and final plat approval at their June 4 , 1992 , meeting, and recommended approval of the preliminary plat of South Parkview 2nd Addition subject to conditions. However, the Planning Commission tabled their recommendation on the final plat approval until right-of-way issues along C.R. 15 could be resolved. BACKGROUND: The proposed subdivision is located north of 13th Avenue and west of CR 15 . The area is zoned R-2, Urban Residential. (See Exhibit A) The proposed plat covers 13 . 8 acres, and consists of 49 lots. The developer is requesting that a permanent lift station be allowed to be constructed with the City taking the responsibility for operation and maintenance. He 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 existing sewer lines to the north. While the conditions of the original plat approval do discuss a lift station, it does not clearly indicate whether this would be a permanent lift station or a temporary lift station. The developer feels that the intent in 1984 was to make this a permanent lift station. Staff has researched this issue by reviewing applicable City Council and Planning Commission minutes; staff notes, correspondence and memos; and video and audio tapes from City Council meetings. It is quite clear from this research that the lift station was meant to be a temporary facility until the interceptor sewer was extended, although the resolution of final plat approval and the Developers Agreement do not specifically state this. Much of the discussion on the tapes by City Council members, staff, and the developer refer to this as a temporary lift station. It is also obvious that the developer was going to install the lift station as part of the development in 1985, and that the City would maintain the lift station. There was absolutely no discussion regarding the future assessments for the VIP Interceptor being waived for the developer if the lift station were installed. Because the issue was not discussed, it is assumed that the standard City policy would apply. This policy, in place in 1985 and presently, would require that the developer be assessed for the VIP. At their May 19 , 1992 , meeting, the City Council adopted Resolution No. 3596, A Resolution Ordering the Preparation of a Report on an Improvement to the VIP Interceptor from County Road 79 to the West Corporate Limits. The City Council felt that the interceptor would be needed within the next few years to serve future development, and that the extension of this interceptor would provide a permanent solution to this development issue. For more information on the proposed VIP interceptor extension, please refer to the City Council memo dated May 14, 1992 . This information was discussed at the May 19 , 1992 , City Council meeting. Staff cannot recommend approval of the plat as submitted unless the developer agrees to all of the conditions outlined in the recommendation which include the following two requirements with respect to sewer service for the subdivision: A. The proposed lift station should be considered as temporary and should be removed once the VIP Interceptor sewer 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 maintenance and operation costs during the first year of operation. B. The developer must agree to abandon the lift station in the future and waive his right to appeal any assessments for the future interceptor sewer. The Minnesota Departmnet of Transportation (MnDOT) has recently required an additional 15 feet of right-of-way on the west side of CR 15. The additional right-of-way impacts this plat. Staff has reviewed two alternatives prepared by MnDOT staff which shift the lots within the proposed plat 15 feet to the west to accommodate the expanded CR 15 right-of-way. Based on these alternatives the developer should be able to plat the same number of lots while providing MnDOT the additional right-of-way. The Planning Commission tabled their recommendation on the final plat in order to review this revision. ALTERNATIVES: 1. Approve the preliminary plat of South Parkview 2nd Addition, subject to the conditions. The conditions would require the developer to construct a temporary lift station, agree to connect to the VIP Interceptor sewer when it becomes available, and waive rights to appeal any assessments for the VIP Interceptor sewer. 2 . Do not approve the preliminary plat as proposed by the developer with the permanent lift station. 3 . Approve the preliminary plat with a permanent lift station, subject to conditions. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended Alternative #1, approval of the preliminary plat of South Parkview 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 for Quincy Circle, Park Circle, Parkview Terrace, Jefferson Street, Monroe Street, Madison Street, and Vierling Drive within South Parkview 1st Addition: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities Commission. d. Storm sewer system shall be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e. Sanitary sewer system shall be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 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. Existing assessments shall be reapportioned according to City policy. i. The developer must agree to abandon the lift station when the VIP Interceptor becomes available to the plat and shall waive his right to appeal any assessments for the future interceptor. The lift station alarm shall be connected to the police dispatch through police lines or some other manner acceptable to the City Engineer prior to the issuance of a building permit. 3 . The proposed lift station shall be considered temporary and shall be removed once the VIP Interceptor is constructed. The City will maintain the lift station, but the developer must construct it and pay for all maintenance and repairs for the first year of its operation. 4 . Vierling Drive shall be constructed to collector and State Aid status. The City shall reimburse the developer for cost of constructing the oversized Vierling Drive. 5. If all of the streets are not proposed to be constructed at the same time, a staging and phasing plan shall be submitted which outlines the schedule and timing for the construction of all of the public facilities. 6 . The recorded final plat shall provide the Document Number for the gas line easement which crosses the plat along the lot lines of lots in block 1, and crosses the corner of Lot 8 in Block 3 . 7 . A revised preliminary and final plat must be submitted which reflects the street name change from "13th Avenue" to "Vierling Drive. " 8 . The developer shall not develop more than 10% of the lots with two family dwellings. All sewer and water services necessary for two family dwellings must be installed at the time the streets are constructed. 9 . Prior to approval of the final plat, final construction plans for all public improvements shall be submitted and approved by the City Engineer. 10. The developer shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 11. 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. 12 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 13 . The developer shall be responsible for installing a sidewalk along the north side of Vierling Drive. 14 . Approval of the preliminary plat is contingent upon the applicant receiving a Wetlands Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 15. Right-of-way issues along C.R. 15 shall be resolved prior to approval of the final plat by the City Council. ACTION REQUESTED: Offer Resolution No. 3606, A Resolution Approving the Preliminary Plat for South Parkview 2nd Addition, and move its adoption. RESOLUTION NO. 3606 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT OF SOUTH PARKVIEW 2ND ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of the Preliminary Plat of South Parkview 2nd Addition on June 4 , 1992 , and has recommended its approval; 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 Preliminary Plat of South Parkview 2nd Addition, described as: Outlots A, B, C, and D, South Parkview 1st Addition 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 for Quincy Circle, Park Circle, Parkview Terrace, Jefferson Street, Monroe Street, Madison Street, and Vierling Drive within South Parkview 1st Addition: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities Commission. d. Storm sewer system shall be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e. Sanitary sewer system shall be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 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. Existing assessments shall be reapportioned according to City policy. i. The developer must agree to abandon the lift station when the VIP Interceptor becomes available to the plat and shall waive his right to appeal any assessments for the future interceptor. The lift station alarm shall be connected to the police dispatch through police lines or some other manner acceptable to the City Engineer prior to the issuance of a building permit. 3 . The proposed lift station shall be considered temporary and shall be removed once the VIP Interceptor is constructed. The City will maintain the lift station, but the developer must construct it and pay for all maintenance and repairs for the first year of its operation. 4 . Vierling Drive shall be constructed to collector and State Aid status. The City shall reimburse the developer for cost of constructing the oversized Vierling Drive. 5. If all of the streets are not proposed to be constructed at the same time, a staging and phasing plan shall be submitted which outlines the schedule and timing for the construction of all of the public facilities. 6. The recorded final plat shall provide the Document Number for the gas line easement which crosses the plat along the lot lines of lots in block 1, and crosses the corner of Lot 8 in Block 3 . 7 . A revised preliminary and final plat must be submitted which reflects the street name change from "13th Avenue" to "Vierling Drive. " 8 . The developer shall not develop more than 10% of the lots with two family dwellings. All sewer and water services necessary for two family dwellings must be installed at the time the streets are constructed. 9 . Prior to approval of the final plat, final construction plans for all public improvements shall be submitted and approved by the City Engineer. 10. The developer shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 11. 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. 12. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 13 . The developer shall be responsible for installing a sidewalk along the north side of Vierling Drive. 14. Approval of the preliminary plat is contingent upon the applicant receiving a Wetlands Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 15. Right-of-way issues along C.R. 15 shall be resolved prior to approval of the final plat by the City Council. 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 • AG AGRICULTURE ' S j ,, t 1';:-: 7,',.. , URBANR2 EXHIBIT A ' - -�J A Z RURAL RESIDENTIAL j ;''-- / '0.1.4.... t i j.=� R3 MID-DENSITY RES. • • _ ' '/ r. R4 MULTI FAMILY RES. )! -/ B � � `, / ��f.t_ ; B 1 HIGHWAY BUSINESS %` '� - r, - B2 COMMUNITY BUSINESS i ,4 "A./ ,,, , ..= • .- . .• . '. ; 93 CENTRAL BUSINESS %r/� 4,."1.-- i \ • Ii UGHT INDUSTRIALty /'� ��:%! 1; `" ( r''-... 12 HEAVY INDUSTRIAL �' ,-, r'- '-- ` .._._�: —sus =` ., . .:--•: �--- i S SHORE?AND .. ......r. . .__•:1 •• =-.0 • • -.�• ....:,:r,-"...e''' : •'..i..` FLQODFLAIN DISTRICT 4• R4 r _ — - -_ M _�.. MANDAT ,,,,3 ' ' ,�.✓ - 1= i.�_ �) 7-7 7-7 • j (f-,--71' �- I '.**,..*•// : I C;-- ft-Tit-7-1 l RTD RAC ACK DtSTA --- /. 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Ekola, City Planner RE: Planned Unit Development: Preliminary and Final Development Plan for Dalles Townhome Addition DATE: June 10, 1992 INTRODUCTION: Mr. Dale Dahlke of Dalles Properties has submitted an application for concurrent preliminary and final approval for the Planned Unit Development (PUD) for Dalles Townhome Addition. BACKGROUND: The proposed development covers 26. 6 acres and is located south of Vierling Drive and east of Marschall Road (CR 17) . The subject site was recently rezoned from R-2 (Urban Residential) to R-3 (Mid- Density Residential) . (See Exhibit A. ) The applicant is requesting approval of a PUD to construct 12 structures, each containing 4 dwelling units. The applicant submitted a letter describing the proposal (See Exhibit B) . The applicant has provided full sized submittals of the Preliminary Development Plan, the Final Development Plan, five site sections and a landscape concept plan. These drawings have been attached to the memo. The Medium Density Residential (R-3) zoning district establishes a minimum lot size of 4, 000 square feet per townhouse unit. The applicant is proposing that all 48 of the lots be platted as 32 ' by 125 ' lots (4, 000 square feet) . The applicant has submitted typical floor plans and building elevations that illustrate exterior building material information. The structures will be one level townhomes with stucco and brick exteriors. Please refer to Exhibit C. CONSIDERATIONS: 1. Conceptually, the type of project the applicant is proposing is more feasible than the single family subdivision he proposed earlier this year. The buildings are located away from the south boundary, which is adjacent to the proposed TH 101 Bypass (traffic noise) . According to the City Attorney, the proposed pattern of land division (small lots and blocks within the larger commonly owned land) should be acceptable under Minnesota's condominium laws. 2 . The Minnesota Pollution Control Agency (MNPCA) has established noise standards on a statewide basis. The noise standards are provided in average decibels levels (dBA) for daytime (7: 00 a.m. to 10 p.m. ) and nighttime (10:00 p.m. to 7:00 a.m. ) . The noise standards have also been established for the amount of time within any given hour. The term L50 means the sound level exceeded 50 percent of the time in any one hour and L10 represents the sound level exceeded 10 percent of time in an hour. The following table lists the MNPCA noise standards for residential areas: Daytime Nighttime L50 L10 L50 L10 60 dBA 65 dBA 50 dBA 55 dBA The nighttime standards between the hour of 6: 00 to 7 : 00 a.m. can be difficult to achieve with early morning commuter traffic. To help illustrate noise concepts staff has provided Exhibit D. This exhibit provides some general rules of thumb and a graphic scale illustrating various activities and the corresponding noise levels. 3 . Local governments may adopt ordinances to regulate noise. The City' s current Subdivision Regulations currently provide less noise protection than the standards established by the MNPCA. Sec. 12 . 07, Subd. 6 requires the buffering of residential subdivisions adjacent to arterial streets so that noise can be abated to a level of 70 dBA or below. (See Exhibit E) . 4 . The applicant has submitted a noise analysis performed by Howard Needles Tammen & Bergendoff (HNTB) of Minneapolis for the proposed development (See Exhibit F) . The noise analysis concludes that a continuous barrier (berm or wall) constructed to an elevation of 818 feet MSL along the south boundary of the site would reduce the noise impact upon the development to the maximum nighttime 55 dBA (L10) sound level. The required barrier height from the existing grade on the east end would be 13 feet in height. As the existing grade rises to the west the necessary berm height would be reduced to zero according to the noise analysis. 5 . The noise consultant (HNTB) recommended that the City consider requiring a nighttime level of 58 dBA. The resulting barrier height required would be 8 feet on the east end tapering to existing grade on the west end. The consultants based their recommendation on the fact that a sound level of 3 dBA is not perceptible. The consultants requested that the City ask the MNPCA to review the noise analysis and the 58 dBA noise mitigation alternative. 6. Exhibit G is a copy of the MNPCA letter which reviews the noise analysis and the 58 dBA alternative. The MNPCA does not favor the 58 dBA alternative due to margin of error possible in the modelling of future noise levels. The MNPCA notes a deviation up to 2 dBA can occur in modelling of noise levels. The MNPCA did suggest the creation of a disclosure process which would alert home buyers of the construction of the TH 101 Bypass. The MNPCA also suggested that the developer incorporate sound mitigation measures in the townhomes building design to mitigate noise impacts. 7 . To mitigate noise impacts on the future residents of this property the applicant has made or is proposing to make several design changes. Originally, the developer had proposed a single family development for the site. He has changed the project to a townhome type of development. The proposed townhomes would be located to the north side of the site, furthest away from the Bypass. These units are proposed to all be one story in height. The applicant is requesting to build the necessary noise mitigation barrier to meet the 58 dBA sound level in exchange for making several additional building design modifications. The applicant is proposing to lower the finished floor elevations of the units by approximately one foot from the levels established in the noise analysis. The applicant would construct the units out of a 2"x6" type of wall construction with insulated walls and windows. In addition, he would install air conditioning for all units to provide necessary cooling of the dwellings in the summer season. The applicant would also agree to recording agreements notifying home buyers of the future Bypass and possible noise impacts. 8 . The applicant has located the TH 101 right-of-way line as proposed by MnDOT on the Preliminary Development Plan. He also has shown the center line of the westbound lane. The applicant is proposing to construct the berm out of the back slope area to be constructed for the TH 101 Bypass. A portion of the back slope area is located within the proposed development. 9 . The developer is proposing to retain Lot 1, Block 13 , for open space for the residents of Dalles Townhomes. The PUD ordinance requires a minimum of 20 percent open space. Staff recommends that the area between the berm and the individual lots be considered as open space. This area covers approximately 300, 000 square feet or 45 percent of the lot, which meets the ordinance requirement. This open space, as well as privately owned lots, driveways, and the private street will be maintained by a homeowners association. The covenants and bylaws have been reviewed by the City Attorney. 10. The PUD ordinance requires that landscaping concepts be provided. The site is adjacent to future commercial development to the west, the TH 101 Bypass to the south, and Vierling Drive (a collector street) to the north. The proposed landscaping should address these impacts on the site. The applicant has submitted a landscape concept. This plan illustrates a mix of trees and shrubs along Vierling Drive and in front of the individual units, and landscaping in the courtyards between the individual units. To buffer the development from the TH 101 Bypass, the applicant is proposing to construct a berm and plant shrubs over the berm. This landscaping is shown on the Preliminary Development Plan and the five site sections. 11. The applicant is proposing to construct a 160 foot by 300 foot parking area in the southwest corner of the site. This parking area would be used for tenants vehicles, including Rvs. The ordinance permits off street parking areas not to exceed three stalls per dwelling unit in the R-3 district. The parking area is proposed to be surrounded by a berm and hedge similar to that along the TH 101 Bypass. 12. The applicant has provided the locations of driveways, curb cuts, parking areas, and garages on the Final Development Plan. A condition has been recommended that all driveways, parking areas, and other vehicle areas be surfaced with bituminous or concrete. Driveway lights will be provided for each unit near the private street, and street lighting on Vierling Drive will be provided as required by the Utilities Manager. 13. The Planning Commission is recommending that a sidewalk be located along Vierling Drive (in the right-of-way) with sidewalks on each side of the driveways to the private street. 14. The applicant has designated Lot 1, Block 13 as a drainage easement, but has not designated utility easements for the proposed development. Staff is recommending that all public easements be shown on the preliminary and final plats. The developer should meet with staff (Engineering, SPUC, and Planning) to review the necessary public easements prior to submittal of the preliminary plat. 15. The location of water and sewer lines has been shown on the Final Development Plan. The developer is proposing to construct a main sewer line in the private street to collect waste water from the individual parcels. The sewer lines on commonly owned property will be maintained by the homeowners association. From the main sewer line in the private street wastewater will be routed into the City's sanitary sewer system flowing to the north (Ruby Lane and Heritage Drive) . The developer is proposing to connect with the water line in the Vierling Drive right-of-way. A common line for each of the twelve blocks (four units per block) is proposed. Maintenance for the common water lines will also be the responsibility of the homeowners association. 16. The existing northern gasline is proposed to be relocated along the north property line. The applicant has not submitted documentation of an agreement to relocate this gasline. Documentation of an agreement to relocate with Minnegasco must be provided prior to preliminary plat approval. Staff is recommending a condition prohibiting construction on Blocks 9, 10, 11, and 12 until this gasline is relocated along the north and east boundaries of the development. 17. The applicant has not located any proposed signage, provided a typical sign design, or stated that no signage will be requested on the plan. The Sign Ordinance would allow only a minimal amount of entry signage (24 square feet per driveway) . 18. The applicant has submitted grading and drainage plans to the City Engineer. However, he has not submitted storm water calculations, nor an erosion control plan. This information will be required with the submittal of the preliminary and final plats. 19. On January 1, 1992, the Wetland Conservation Act of 1991 became effective. The developer will not be affecting any wetlands within the proposed plat. Staff is in the process of issuing a Certificate of Exemption to Mr. Dahlke, the owner of the property. 20. At the June Planning Commission meeting the applicant requested that consideration be given to a credit for park dedication due to the large open space being provided. Section 11.40, Subd. 4 .E. allows a credit up to 40 percent of the park dedication requirements provided that the following conditions are met: 1. That such land area is not occupied by nonrecreational buildings and is available for the use of all the residents of the proposed subdivision; 2 . That required setbacks shall not be included in the computation of such private open space; 3 . That the use of the private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the Council; 4 . That the proposed private open space is of a size, shape, location, topography and usability for park and recreational purposes or contains unique natural features that are important to be preserved; 5. That the proposed private open space reduces the demand for public recreational facilities to serve the development. The applicant has not proposed any improvements to the open space. The open space is long and narrow in shape which tends to limit the range of recreational activities that can occur in the open space. Staff does not anticipate that private open space would reduce the demand for public recreational facilities. Therefore, staff is recommending against any credit towards the park dedication requirements for this project. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the preliminary and final Planned Unit Development Plan for Dalles Townhome Addition, subject to the following conditions: 1. The developer shall construct a continuous noise mitigation barrier along the south side of the site to reduce the noise impact from the TH 101 Bypass upon the development, as recommended by the noise consultant, Howard, Needles, Tammen and Bergendoff. The maximum nighttime sound level shall be 58 DBA (L10) . 2 . The developer shall sign and record an agreement identifying the possible noise impacts created by the TH 101 Bypass for each property within the Planned Unit Development. 3 . The applicant shall construct all units at grades as identified on the revised Final Development plan. All units shall be limited to one story in height. 4. The applicant shall construct all units out of 2"x6" type construction (exterior walls) with fully insulated walls and windows. 5. All dwelling units in the development shall be provided with air conditioning units. 6. Documentation of an agreement with Minnegasco to relocate the existing northerly gasline must be submitted to the City prior to preliminary plat approval. The northerly gasline must be relocated along the north and east boundaries of the development prior to construction on Blocks 9, 10, 11 and 12. 7. Approval of the preliminary and final development plans is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures. 8. A plan for the developer to meet the park dedication requirement, utilizing cash payment in lieu of land dedication, must be submitted prior to the approval of the preliminary plat. If the developer is planning to request a deference of the park dedication requirement until the time of the issuance of a building permit for each lot, he shall submit a letter requesting the deferral to staff with the application for preliminary plat approval. 9 . The developer shall be responsible for grading of the plat as shown in the grading and drainage plan as approved by the City Engineer. An erosion control plan and stormwater calculations must be submitted with the preliminary plat. 10. The Homeowners Association will be responsible for all common water and sewer utilities located within the Planned Unit Development. 11. All driveways, private streets, and parking areas must be surfaced with bituminous asphalt or concrete. Driveway lights must be provided as shown on the landscape plan. 12 . Execution of a Developers Agreement for the construction of the required public improvements prior to recording of the final plat: A. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. B. Street lighting shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C. Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. D. Sanitary sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. E. 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. F. Cash payment in lieu of a land park dedication shall be required for each lot. G. A 5 foot sidewalk along the south side of Vierling Drive and connecting sidewalks on each side of each of the private driveways leading to each site shall be installed. ACTION REQUESTED: Offer Resolution No. 3607, A Resolution Approving the Preliminary and Final Planned Unit Development for Dalles Townhome Addition, and move its adoption. RESOLUTION NO. 3607 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT FOR DALLES TOWNHOME ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of the Preliminary and Final Planned Unit Development for Dalles Townhome Addition on June 4, 1992, and have recommended its approval; 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 Preliminary and Final Planned Unit Development for Dalles Townhome Addition, described on Attachment 1 attached hereto and incorporated herein is hereby approved subject to the following conditions: 1. The developer shall construct a continuous noise mitigation barrier along the south side of the site to reduce the noise impact from the TH 101 Bypass upon the development, as recommended by the noise consultant, Howard, Needles, Tammen and Bergendoff. The maximum nighttime sound level shall be 58 DBA (L10) . 2 . The developer shall sign and record an agreement identifying the possible noise impacts created by the TH 101 Bypass for each property within the Planned Unit Development. 3 . The applicant shall construct all units at grades as identified on the revised Final Development plan. All units shall be limited to one story in height. 4. The applicant shall construct all units out of 2"x6" type construction (exterior walls) with fully insulated walls and windows. 5. All dwelling units in the development shall be provided with air conditioning units. 6. Documentation of an agreement with Minnegasco to relocate the existing northerly gasline must be submitted to the City prior to preliminary plat approval. The northerly gasline must be relocated along the north and east boundaries of the development prior to construction on Blocks 9, 10, 11 and 12 . 7 . Approval of the preliminary and final development plans is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/ replacement measures. 8. A plan for the developer to meet the park dedication requirement, utilizing cash payment in lieu of land dedication, must be submitted prior to the approval of the preliminary plat. If the developer is planning to request a deference of the park dedication requirement until the time of the issuance of a building permit for each lot, he shall submit a letter requesting the deferral to staff with the application for preliminary plat approval. 9. The developer shall be responsible for grading of the plat as shown in the grading and drainage plan as approved by the City Engineer. An erosion control plan and stormwater calculations must be submitted with the preliminary plat. 10. The Homeowners Association will be responsible for all common water and sewer utilities located within the Planned Unit Development. 11. All driveways, private streets, and parking areas must be surfaced with bituminous asphalt or concrete. Driveway lights must be provided as shown on the landscape plan. 12 . Execution of a Developers Agreement for the construction of the required public improvements prior to recording of the final plat: A. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. B. Street lighting shall be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C. Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. D. Sanitary sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. E. 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. F. Cash payment in lieu of a land park dedication shall be required for each lot. G. A 5 foot sidewalk along the south side of Vierling Drive and connecting sidewalks on each side of each of the private driveways leading to each site shall be installed. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute the Planned Unit Development 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 . • z.. _. ,.. ..... --........--.......-.. . . •-••-• - • ---- -• - .: • ,..... , ... , I ......_ ---------... i ...... EXHIBIT A i . RTD --„,... ...:,.,,..• -..:. .. • ••• . • . , Ali ii.. •.,,. . •• ' NIPs' 11,4,41) •", .1•14....4.1• !.."••--\ i 1 r.,41 ,.. % : . i • „ . • \ ,,,, .. , ...... Nib. : I • ! i : ., \ \ : . :i i ' $.#44•-' ,••> . . ' I , . . \ %. : . . '.: I .:.1 1 • 4..• '- $ '''' '' : iti , . ____._114_ • • . 4 ' . 1..... I ' ........ •••".".....-...,„.-444-4.••'.••••-.:.."--.--4...........P i , --- 1.1.4 \.1*r' ,ersa. : ; • : . ,• -"I'l'• 2.-s.. ! : .11,11•1• con r-1-- N., : ''N•s„, i .r.:. , .„ -___., ! 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The structures will be one level townhouses with stucco and brick exterior. The entire grounds , as well as the private street and driveways, will be maintained by a home- owners association. Covenants and By-Laws are being submitted with this cover letter. A landscape plan will also be used to help break up the alignment of the townhomes as shown on the plat. The units will be constructed one at a time beginning on the West end and going east as sales progress. The gas line will be moved as shown on the development plan when it is necessary to continue construction; expected time would be summer of 1993 . Respectfully submitted, Dalles Properties 121 South Lewis Street Shakopee, Mn. 55379 mg itil . i • Ita,; IF! U • /./: i 111111111111111 ‘,1 E-4 , .. i.,/ i7::....iii.__•T__._..............• 1 r.)li iI I iiii I : Ili II i 111H I PC4 i I // i • I, I I i l': . 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' 1.,0' J . 1 .• • I 1 1----...-....;;.::.-...,...-..,-,....,.. ..: .- .:,.-- z... ... 1••••:-.,.. :di ,• . , II 1 cx...a- ‘Airik,,e•L il <he, I !„...••••.--:: ' 1 ; • , i • .41.• • . I . ! • b . i I /.,_ CO ....,. c.-a r----- .- •. . : I 9,) -t; .k- rL.:,•-•• . . 1 • - I ! \ 1 . 1- • , .. . ! i 1 , I: \ 3/t4 f t _.irk-k.k.-:•,,..., li I (a-.--aim• li i . I '. • (7‘0. ..CIIC. 111 • 1 • 1 11 I I , $,..e.....,.r „.;-.,. .t. .., I 1 . . 1kvat- 5 i.,...., •:3 ... ,•4-, A '`5:. - ! • i I l' iil • 0, Id EXHIBIT D RULES OF THUMB WHEN A SOUND LEVEL INCREASES BY 10 DECIBELS THE SUBJECTIVE RESPONSE IS A DOUBLING OF LOUDNESS. EXAMPLE : 60 decibels to 70 decibels - twice as loud Change in sound level - Perceived change in "loudness" 1 dB - requires close attention to notice ± 3 dB - barely perceptible 5 dB - quite noticable +10 dB - dramatic difference: twice(or half) as loud ±20 dB - striking: fourfold change WHEN THE DISTANCE IS DOUBLED FROM A POINT SOURCE THE SOUND LEVEL DROPS 6 DECIBELS. EXAMPLE: 50 ' = 60 decibels 100 ' = 54 decibels 200 ' = 48 decibels WHEN THE DISTANCE IS DOUBLED FROM A LINE SOURCE THE SOUND LEVEL DROPS 3 DECIBELS. EXAMPLE: 50 ' = 70 decibels 100 ' = 67 decibels 200 ' = 64 decibels A DOUBLING OF ENERGY YIELDS AN INCREASE OF 3 DECIBELS EXAMPLE: 85 decibels + 85 decibels = 88 decibels THE NOISE SOURCE BEING MEASURED SHOULD BE AT LEAST 10 DECIBELS ABOVE THE BACKGROUND LEVEL KEEP AT LEAST AS FAR FROM ANY LARGE REFLECTING OBJECTS AS YOU ARE FROM THE SOURCE YOU ARE MEASURING ALL MEASUREMENTS SHALL BE MADE WITH THE MICROPHONE AT LEAST THREE FEET ABOVE THE GROUND -11- rSound Pr - ssure • • Sounc Pressure Level Jet Engine •.J1.1 Pa 140 dB Threshold_of Pain (25 m distance) 100000000 ` - 1301k - 1:: 1FP i IX°11 .: •:: . ... • - - 120 `` , Jet Take-Off (100 m distance) • ` ` ' 000000 ,�:.�. ? ,oma. � i' c 1 - ••;,=, 6 c /_1 1 :; \-milt gild itr:-1..-6' 110 _I i •l....'....-.4', Pneumatic Chipper r� _� 100 -. J .,,.. ;t . I�w�` ..-:4-1-.1-4'• .......z." t Pop Group WOVV l t err Heavy Truck C t is \ 80 Average Street Traffic ` �' "100000 /`tlR . v . f.. _ y 'liltConversational .......3. '�, 41 i E' %• :• II �f?` „; Speech iOtI. 60 f'� Business Office ‘ " ' liv =-4"11 . - 10000 ..... . • �� is.,,, , 50 - _ •-..:. 11. , 1 is Z T �� •40 3 :�.rA •9 • " r • `� � a 1000 . - _ . :_.: _ rig-kr, .-. - ; ,T, . Living Room ` Ilk =w u r� 30 4. . !'l�1111.ffA��+ ?Si A ,. - _. ,1 !Ili ur..iw uI arlliv.rgoul. �?' ��N��� " ��,: Library ate x/11%' _ 4 - L 20 '•t'•�_ ,100 ,,� r• ,,,tett , .P.M I,N� �. 'loot _' c ,.� Aft* __ :: �.1t"..twiTlf, 10 . :. Wood •3 • Bedroom • i SIP •• y • • �• e T-• .� "lb s' k: • L,Vr "`.. y -• ' `••`v.. 20 0 Threshold of Hearing w,, - - S -rt+--- K • Bruel&Kjaer Instruments.Inc. .,5. EXHIBIT E Subd. 6 . Buffering Residential Subdivision Adjacent to Intermediate and Principal Arterial Roads. In all residentially zoned areas determined by the Administrator to have significant noise impact within 125 feet of the roadway right-of-way or areas of noise impact estimated to maintain ambient decibel ratings of 70dBA or greater , one or a combination of the following subdivision design requirements shall apply: A. Lots adjacent to the roadway right-of-way shall be sized wherein a 125 foot buffer strip be provided as additional setback to lot depth or width standards supplementary to the mini- mum lot size and setback of the zoning provisions of the applicable district. B . An earth berm or other acceptable barrier tech- nique shall be constructed to abate noise impact adjacent to road- way right-of-way equal to or below the 70dBA standard accompanied by the following : 1. A plan showing the existing and anticipated noise levels in dBA that are or will be expected on the site and in the immediate vicinity of the site. 2. A description of the site plan construction techniques, architectural designs, and other measures expected to be taken to reduce ambient noise levels. Such description shall include sufficient plans and other drawings to enable the City to �-- accurately identify the noise reduction measures expected to be : taken. 3. Prior to approving a preliminary plan as required by this Chapter, the City shall determine that the noise levels will be successfully reduced to meet the ambient 70dBA standard. Source : Ordinance No. 58 , 4th Series Effective Date: 5-7-81 HftTEI HOWARD NEEDLES TAMMEN &BERGENDOFF EXHIBIT F ARCHITECTS ENGINEERS PLANNERS State ton ,llixneap('lis.MinnestNat May 22, 1992 ;;;;; (6i2, 920-46(,6 Mr. Dale Dahlke Dalles Properties 121 South Lewis Street Shakopee, MN 55379 Re: Noise Analysis for Dalles Townhomes Addition Dear Mr. Dahlke: HNTB has performed an analysis of the impact of T.H. 101 (Shakopee Bypass) on nighttime sound levels (0600-0700 hrs.) in your proposed residential development -- Dalles Townhomes Addition-- in Shakopee. We used the Mn/DOT Noise Models (STAMMN 19 and OPTIMA 18) with the Mn/DOT traffic forecasts, topographic and highway design data to perform the analysis. The height of a barrier to provide a maximum nighttime 55 dBA (L10) sound level in the adjoining backyard of the development was calculated. The results for the selected receptors (see attached map) are as follows: L10 Sound Required Barrier Height for Receptor Without Barrier L!0 55 dBA . L10_58 dBA 1 56 dBA 0 Ft. 0 Ft. 2 57 5 0 3 60 8 3 4 60 12 7 5 60 13 8 Note: Height of barrier is measured from existing ground at the R/W line. The barrier required to provide a nighttime Lt0 58 dBA was also calculated because of the accuracy of the model and the forecasts of autos and trucks -- and because people do not hear changes in sound less than 3 dBA. As shown on the attached cross-sections, a 13-ft. barrier at the eastern end of the development would provide a berm that is definitely out-of-scale with the single-story townhomes -- and could affect the marketability of these lots. An 8-ft. barrier would provide noise attenuation and would visually shield the development from the highway. o.�an....: .sr•s S _- s DE.- ••a.D ..n...D€ .. ..Y^.s_.-.ct•.-r .- 9.. =zoo"--A 3orcn^•••• S.s"••.s"••••n -•••0€-,..,..•C -v-�o-o-r 05 SL.o-.•• 3,7.-42,,.€D€ ^-•v:r.0^C„r _.- ,p'3ec.T.n,a6 S rr.-.=,r'^•^J.J. J.:D-•rr; . --_.c-.aa -.sr.• nw..r.u. x D^c v S-••-e•••_5.D : o = c- 05 ...stir-S .a - D_= - ^ 9..L•r OCBJ...•A r^Y.�� - _ 0a^ . •Aewo D_ _.c _ • . _-os D .., a � 0•r-..__ D__ �_ _. o ^J :. E.S .. .. .. _r. -c.c.. _ .... - - _.. Js _ - 7 -.v_sa _.Via.,., .-.. .___ �r Mr. Dale Dahlke May 22, 1992 Page 2 Recommendations: 1. That a continuous barrier from 0 ft. at the west end to 8 ft. at the east end above existing ground at the property line be constructed to provide noise and visual shielding of the highway. 2. That the City of Shakopee request the MPCA Air Quality Division Director, Lisa Thorvig, to review and comment on the acceptability of the recommended noise abatement. Sincerely, HOWARD NEEDLES TAMMEN & BERGENDOFF Lawr ce N. Dallam Principal Transportation Planner LND/vw Attachment TRANS/165221DA}4 KE.522 • • V tz C,- V .6.-4-1 R ' Z C..) II ^' rTr --I 111 a: 6' ° . Q Lio, u• 1 I.. � � 4 ..3 --t-. ri. �' /1 ' ?/1 _1'1 r 5B-9v a 0)1 .,..„31,3\ .�1. •0;1 1Sv_, .�1 / I �� AMS / 1� � 4, ,..i.,1_,/ I ( .. .co ri AA „iz.q.t,„colt ( ql.... 4u CU afoD 4t' i is-- �- 1 r - 12/„ 17------ __ / tr lb W L 1 r � 1 / ` .. ^_I �,. \moo`-/ ^ // / /� . � � v 7 (\ ''''' c 0E4 `N 1 / / lV M : \ tf) L-j, \ '''lil . f I. (1 1 \ I i I I . t, o� a ,y 1 1, 1;1' I � I 1 KT I „„ \ I --1------5,, ti ' V I `'(11 I N 1`� 5�7,..1{�ii 1 a i ww °r'�� y 1111 1 J � L' 1 ; -z ( n 1 '' 1 d 1a1 I -J1" I. 1 1 jfn 591 s'i 1 �� 1 I I 1 • II- 2. 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I !'1 1 I '1 ; i• ''rVr'' � . i ' ilio 'NI1ZIIfV ii • . . • . 1 • .r i 111: 06/11/92 13: 19 MINNESOTA POLLHJTION EXHIBIT G 41;C;;4 Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155-3898 140(51" Telephone (612) 296-6300 June *1 , 1992 Mr. Lindberg S. Ekola City Planner City of Shakopee 129 East Pirst Avenue Shakopee, Minnesota 55379-1376 Dear Mr. Ekola: Subject : Dalles Townhomes Proposal; Noise Analysis Comments Thank you for the opportunity to comment on the aforementioned development proposal. As you are aware, the Minnesota Pollution Control Agency (MPCA) is responsible for the statewide regulation of environmental noise, including those generated by transportation sources. Given the project's proximity to the proposed T.H. 101 alignment, noise levels generated by future roadway operations must demonstrate compliance with state daytime (L10 65 dBA) and nighttime (L10 55 dBA) noise levels for residential land uses. As the Minnesota Department of Transportation (Mn/DOT) has already received a permit to proceed with the construction of the T.H. 101 project, including an approved noise mitigation plan, compliance with state standards at areas not included under Mn/DOT's mitigation plan are the responsibility of the city. With this information in mind, staff of the Air Quality Division have reviewed the noise analysis for the Dalles Townhomes proposal and offer the following comments and recommendations for your consideration. 1) The MPCA finds the analysis to be complete in its assessment of future noise impacts generated by vehicular activity on T.H. 101. 2) Staff do not favor the recommendation to use the L10 58 dBA as the "design criteria" for the proposed noise abatement berm. The rationale for this position is the potential margin of error when modelling future noise impacts based on forecasted traffic volumes. Experience with the model has shown regular deviations of up to two or more decibels between predicted and actual noise levels. While the difference between 55 and 58 decibels may not be discernible to most people, the difference between 55 and 60 decibels surely is. Based on this testimony, staff recommend that the berm height be adjusted to reflect predicted "design criteria" noise levels consistent with state standards. 3) To avoid potential litigation initiated by future residents of the development proposal, the city and/or the developer is strongly encouraged to formally disclose the pending construction of T.H. 101 to interested buyers. Revcnai Othces: Duiu,n • Brainerc • Detroit Lakes • Marsnaii • Rocnester 06/11/92 13:20 MINNESOTA POLLUTION CONTROL 003 Mr. Lindberg S. Ekola June 11 , 1992 Page 2 4) To further offset any potential future noise impact complications, the developer may wish to incorporate "sound insulation" specifications into the physical construction of the tovnhomes. Again, thank you for the opportunity to provide comments on the Dalles Townhomes Development proposal. The MPCA appreciates the City of Shakopee's interest in promoting a "sound environment" for the residents of its community. If you should require additional information regarding these comments, please contact Charlie Kennedy, of my staff, at (612) 296-7372. Sincerely, • 1 _z . Li a J. �orvig Division Manager Air Quality Division LJT:jand aV d MEMO TO: Dennis R. Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Preliminary Plat - Market Place DATE: June 9 , 1992 INTRODUCTION: David Rutt and Merle Volk have submitted an application for preliminary plat approval for Market Place. At their June 4 , 1992 , meeting, the Planning Commission recommended approval of the preliminary plat for this proposed subdivision. BACKGROUND: The proposed subdivision is located at the northwest corner of Market Street and 5th Avenue, and the area is zoned R-2 , Urban Residential. (See Exhibit A. ) The proposed plat covers 3 . 03 acres and consists of 6 lots and four outlots. CONSIDERATIONS: 1. The proposed subdivision is very irregular in shape. The irregular shape is the result of the abandoned railroad line which crosses the proposed plat in a northwest to southeast direction. 2 . The land within the proposed subdivision is currently vacant. The surrounding land use is primarily single family residential. Some vacant residential land is located to the east of the subject site. 3 . The subdivision is part of a larger block which is bounded by Spencer Street on the west, Market Street on the east, 4th Avenue to the north, and 5th Avenue to the south. The applicant' s subdivision utilizes the southeastern corner of this larger block. Please refer to Exhibit B. 4 . The applicant is proposing to create six lots, one large outlot (Outlot A) , and three small outlots. Staff was concerned about limited access being available to Outlot A and that this remnant parcel would be difficult to develop if the six lots were allowed to be platted. A condition was recommended which would require Lot 6 to be combined with Outlot A to provide adequate future access for the outlot from a local street. However, the Planning Commission did not recommend this as a condition of preliminary plat approval. 5 . The plat shows three small outlots in the northeast portion of the plat. These areas are labeled as Outlots B, C, and D on the plat, and are proposed to be transferred to the adjoining parcels to the north. 6. Within the larger block described in Consideration No. 3 , there is an incomplete alley system. There are no existing alleys on the east half of this block. Currently, three properties fronting 4th Avenue utilize land within the proposed plat for an alley access. The applicant is proposing to dedicate a 20 foot wide alley along a portion j of the north edge of the plat in order to provide the necessary access for these lots. Staff recommends that eventually a connected alley system be required, but in the interim only a portion of the alley can be dedicated with this plat. When Outlot A and properties to the west are final platted for development, the alley system will be completed. 7 . The proposed plat has access to 4th Avenue on the north, Market Street on the east, and 5th Avenue to the south. As designated on the Transportation Plan, 4th Avenue is a collector street. It is also a designated county road (CR 16) and is under the County Engineer' s jurisdiction. The County Engineer is concerned about access to 4th Avenue. Any access to 4th Avenue (CSAH 16) would require the County Engineer' s approval. 8 . A portion of the plat is currently designated as 4th Avenue. The applicant will be dedicating the 1, 225 . 62 square feet of property in the northwest corner of the plat as right-of-way for 4th Avenue / CR 16. 9 . The preliminary plat shows that a garage and a fence belonging to adjacent property owners has been constructed over the lot line for Outlot A. Prior to or concurrent with the final platting Outlot A, these irregularities will be required to be addressed. 10. The SPUC Manager has reported that there may be an old well on the property. The abandoned well must be capped according to state standards, if it exists. Staff has suggested that the applicant contact the Minnesota Department of Health and the Scott County Environmental Health Dept. to see if they have any records of a well being located within this proposed subdivision. 11. Staff has been informed that debris has been buried near the proposed Lots 5 and 6. The Building Official is recommending that all buried debris excavated during the construction of any buildings be hauled to a landfill. He is also recommending that a soils engineer approve all building sites if any fill is used in areas where structures will be constructed. 12 . The 1990 draft Comprehensive Plan has not designated any land within the plat as park land. Staff is recommending a cash payment in lieu of land dedication to meet the park dedication requirement. If the developer wishes to defer the park dedication fee to the time of the building permit for each lot, he must submit a letter requesting such a deferment with the application for final plat approval. 13 . There are pending assessments for improvements to 5th Avenue. 14 . The Engineering Department is recommending that a 30 foot utility easement be provided parallel to the west property line of Outlot A. This recommendation came after the Planning Commission review and staff is adding this condition to the Planning Commission recommendation as Condition 11. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the preliminary plat for Market Place, 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. Electrical system shall be installed in accordance with the requirements of SPUC. c. Water system to be installed in accordance with the requirements of SPUC. d. Storm sewer and sanitary sewer systems shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. g. Cash payment in lieu of park dedication shall be required. If the developer wishes to defer the park dedication fee to the time of the building permit for each lot, he shall submit a letter requesting such a deferment with the application for final plat approval. h. No building permits shall be issued for Outlot A. 3 . The applicant shall transfer Outlots B, C, and D to the adjoining parcels to the north. No building permits will be issued for these outlots unless they are combined with the parcels to the north. 4 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 5. The final plat must show all drainage and utility easements around the lot lines. 6. Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 7 . No access from 4th Avenue will be permitted. 8 . If it is determined that a well continues to be located on the property contained within the proposed plat, the well must be capped according to state standards. 9 . All buried debris excavated during the construction of any buildings shall be hauled to a landfill. 10. A soils engineer shall approve all building sites if any fill is used in areas where structures will be constructed. 11. The applicant shall dedicate a 30 foot public utiltiy easement along the west boundary of Outlot A from the Fourth Avenue right-of-way to the south boundary of the plat. ACTION REQUESTED: Offer Resolution No. 3605, A Resolution Approving the Preliminary Plat for Market Place, and move its adoption. RESOLUTION NO. 3605 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT FOR MARKET PLACE. WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of the Preliminary Plat of Market Place on June 4 , 1992 , and has recommended its approval; 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 Preliminary Plat of Market Place, described on Attachment 1 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 SPUC. b. Electrical system shall be installed in accordance with the requirements of SPUC. c. Water system to be installed in accordance with the requirements of SPUC. d. Storm sewer and sanitary sewer systems shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. g. Cash payment in lieu of park dedication shall be required. If the developer wishes to defer the park dedication fee to the time of the building permit for each lot, he shall submit a letter requesting such a deferment with the application for final plat approval. h. No building permits shall be issued for Outlot A. 3 . The applicant shall transfer Outlots B, C, and D to the adjoining parcels to the north. No building permits will be issued for these outlots unless they are combined with the parcels to the north. 4 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 5. The final plat must show all drainage and utility easements around the lot lines. 6. Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 7. No access from 4th Avenue will be permitted. 8. If it is determined that a well continues to be located on the property contained within the proposed plat, the well must be capped according to state standards. 9. All buried debris excavated during the construction of any buildings shall be hauled to a landfill. 10. A soils engineer shall approve all building sites if any fill is used in areas where structures will be constructed. 11. The applicant shall dedicate a 30 foot public utility easement along the west boundary of Outlot A from the Fourth Avenue right-of-way to the south boundary of the plat. 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 ATTACHMENT 1 That part of the Northwest Quarter of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota described as follows: Beginning at the southeast corner of Block 208, Leriemondies Addition, East Shakopee, Scott County, Minnesota; thence on an assumed bearing of North 89 degrees 06 minutes 34 seconds West along the south line of said Block 208, a distance of 262.90 feet; thence South 80 degrees 15 minutes 26 seconds West parallel with the southerly line of Fourth Street a distance of 199.87 feet to the intersection with the northeasterly right- of-way line of the now abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad; thence North 65 degrees 30 minutes 00 seconds West along said northeasterly right-of-way line a distance of 300.11 feet to the west line of said Northwest Quarter of the Southwest Quarter; thence South 00 degrees 02 minutes 41 seconds East along said west line a distance of 72.56 feet to the southeasterly right-of-way line of said railroad; thence South 65 degrees 30 minutes 00 seconds East along said southeasterly right-of-way line a distance of 471.25 feet to the intersection with a line drawn northerly parallel with the west line of said Northwest Quarter of the Southwest Quarter from a point on the easterly extension of the north line of Outlot A, WERMERSKIRCHEN'S 2ND ADDITION, (as monumented) said point being 429.00 feet easterly of the west line of said Northwest Quarter of the Southwest Quarter as measured along the north line of said Outlot A and its easterly extension; thence southerly along said parallel line a distance of 116.89 feet to its intersection with a line drawn parallel with and distant 60.00 feet northerly of the north line of said Outlot A, and its easterly extension; thence easterly along said parallel line a distance of 304.24 feet to the west line of Market Street; thence Northerly along said west line a distance of 294.86 feet to the point of beginning. •••••I c.....••••• ,.. •,....774.,:•-. >,....;:. • k:::,.. , v.,-",c43,7S.....• r. 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EXHIBIT B —__\----\--\--53 N a- ; 4 ` 9 187 s } 3 �._� ` 9 9 `0.10 ,� 1 1 �— 1r--- _-�' i° �' � 11 I 2-_`1 0 1 10 1 c8113\ 1 . 6 2 � 3....1 4 :Sit,(S OF 1 2 Ili A -5 •1\9 _ 3---. \ .r"' .1 3 4 9 J 2 LL. tQ 41.1441.14 ,1 1 1, 121 • t �0 1 O, 1 .3 7 1, 2 ''moM t+ER �� 12 I� 2° ;a1 ;I ;, i':::`::;>:`=:::i:;:•. -I—..... >: :: .. . ~�`: `=::r='`::::::. •: _,__:.I.?:.?4 ?<i::::'•: ;: O U T L O T to - ::�:�`:`sem,;:: :::�:;:::���<:: :> <: :: a 6 cc VO la .•fi , ": : :::= :::: ::: :.. :.::.;: :::.: •::::;• • ••::••: •: V1 , \ �,gEWE `"`� :7205( TENEYCx ) i \ 5i)- Alf-. - • 6 OU.LOT A 6 LA 10 1 1 T A N SMI T 10 Ili 1300 N - t mi 1 2 3 4 5 1. 3612 140109 ` ,�'14M� . 6TH p CIA CC s �--- FlI2 CERT. 82 I' 2 y 9 8 7 6 6 10 L `44.-- 302 --- e -_-_ _ 6 10 .� 299 PARK -30lb � 1 2 3 a S 1 ? c g i 2 s - A p' N 1 s 2.1413-- 7TH ST 2-18 - 303 I 1\;\--- -...\ 2 3 c � 5 I 2 8 I 7 5 10 j 9 1 6 i j j 3 0 5 )-: t j; 6 10 Cr --\--- 1 � ( I Ni o �'-7-9k INA ---\--3Clm ; TI °° IH ;' L cr .° 1 2.1 ` N N I 4 W ` I 111 I 0 (y i U N_f ,. x� � :t o lir 10 -----1 r el: -t �gl . ., - A 2, \ § ne * ,, • 4a*�� • \ \t- � iis •' / "I = . / i.. \ 1 a 1 \ © ■ IudIo- me Hr J i2 ,,,--- 01,4" .1 1 8 } g ; p z x i rrn ` � � w_. 1r{1 e 4 ! 9Q t. q�, ( ' Z g qf PI tr ` I ; z J 1 $� / YAR Im 1 I .. .Ll!4 •1w Q o — v)` 1, il .1-1 `0 Virk ,� � ' ,,ill oIN } a �d��iili!' /r' / .� , a ` Sir r m /e t I)• 1q -1-- ; Rt tip" 1' Las.il i 1 I 1, T or ,• . , , 1,717€16P;r '''' 141 I L 2' ---\ al e \ 9 t y rr , T _. _,:ss__,J4._1\__Iik, 1! ;. \ \-. \ si liu , 4t., :.... , :. ; . ttf • Irn 1 —j ![ if NIP, .nw rar/0111411 .1.A1111161.61 - S D00 _ �I'6. E 14f• - 'yy t Marke - t4 f . a H o m r I/ / % — �I 1 ti N 11 1 I I I Q 3 .r— ' a 1 `�gggQo p �. 1 g N c c o ii . g Q a i x a p ^ U O1 a a .0 + 4' �El! a O I`• , Q . M l.1 s; G 1� N+ A P w 1~ b A4tIP � 1.4 y Yrp � dQ 4 � i5 li a ccq�nx iI m "$yap Y tle yj__ — 1 I q �Ra �3 s iglu y F N� E d h. ?' `� o `� 6 "° i< '�o o� P, R R R ° y tt g `a . H ; r //G%(_ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Comprehensive Annual Financial Report for 1991 DATE: June 10, 1992 Introduction Attached is the Comprehensive Annual Financial Report of the City of Shakopee for the Year Ended December 31, 1991 and it includes the report of the auditor retained by Council to audit the report and the financial records of the city. Background Council has retained the firm of Jaspers, Streefland and Company to audit the financial report and records of the city. James Streefland, Jr will be at the council meeting to report his findings and discuss the report. Action Requested Move to accept the Comprehensive Annual Financial Report of the City of Shakopee, Minnesota for the Year Ended December 31, 1991. Mb TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1993 Budget DATE: June 11, 1992 Intorduction and Background Attached is the tentative 1993 Budget calendar. Levy limits for 1993 have been eliminated. Council may want to discuss the level of taxation and related issues before Department Heads begin preparing their 1993 budget requests in order to provide guidance in preparation of those budgets. If Council desires to do so, they should discuss the issue before July 10, 1992. Action Discuss and give staff direction. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1993 Budget Calendar (Tentative) DATE: June 2, 1992 July 10 Department Heads receive budget worksheets. Department Heads receive 6 month operating statements. July 27 Budget requests due back to Finance August 1 City receives notice from State of LGA amount Sept 1 Council receives budget. Set Public Hearing dates - budget in total City receives notice from State of HACA amount Sept 8 Budget worksession Sept 10 Budget worksession Sept 15 Certify proposed levy to County November 10 County mail tax/levy/budget hearing notice statements November 30 Certify special assessment to the county December 1 County hearing on tax levy/budget December _ Public hearing on tax levy/budget December 28 Deadline for certifing tax levy to county. Deadline for certifing truth in taxation compliance to state Ifs Memo To: Dennis Kraft, City Administrator From: Mark McQuillan, Program Supervisor, Barry Stock, Asst. City Administrator Subject: Hiring an Architect for Tahpah Park Concession Stand Project Date: May 29, 1992 INTRODUCTION According to the 1992-96 Five Year Parks Capital Improvement Program, the Tahpah Park parking lot extension project is scheduled to be done in 1992. However, a number of design steps will be required in order to do this project. At this time , the Engineering Dept. is busy doing several other projects and will not have the parking lot design ready until fall. Therefore, the Shakopee Jaycees would like the parking lot extension project pushed back to 1993 and have the Tahpah Park Concession Stand Project, slated for 1993, be done in 1992. The future status of the parking lot project, of course, is contingent upon the availability of park reseve funds and Jaycees contributions. There are two aspects to this proposal requiring Council approval. The first is the hiring of a architect to design and develop specifications for the concession stand, and the second is that the Shakopee Jaycees would like the City to assist them with funding by providing them a short term loan so that the project can be completed this year. Park Reserve Funds could be used as a financing mechanism in this case. BACKGROUND Two months ago, city staff and a representative of the Shakopee Jaycees met with Mr. Donovan Wagner of Architect Professional Association to discuss needed improvements for the concession stand at Tahpah Park. Mr. Wagner's experiences include designing several park buildings and the concession stand facility at Dred Scott fields for the City of Bloomington. Based on our interview with Mr. Wagner, staff is comfortable in having Architects Professional Association to design and develop specifications for this project. The Concession Stand Project will involve the following: 1. Remodel the existing concessions area a. Remove walk-in cooler and replace it with a smaller efficient cooler. b. Install appropriate surfaces on floors, walls, and ceiling so that it meets State Health Code Regulations. c. Replace serving counter and enclosures for concession windows. d. Reorganize space for serving beverages, sandwiches and miscellaneous items. 2. Construct east wing (veranda) a. Add 36 feet of shelter space on the east side of building. b. Provide for roof over, open air eating space. c. Match construction of North and West wings with wood ceiling to conceal trusses. 3. Construct south wing a. match existing masonry wall construction. b. Provide room for lawn irrigation system controls c. Expand women's restroom to include additional toilet stalls and sinks d. 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To improve apron area around concession stand. a. Use patio brick between wings b. An asphalt apron The city's maintenance crew will be used on the following items to reduce the overall project cost estimates: construct the ceiling to cover the trusses, lay the patio brick, asphalt the apron and remove the walk-in cooler. According to the estimates provided by the architect, the construction budget should not exceed 955,000. This does not include consulting fees or any other miscellaneous cost. The city generally adds a 10% contingency rate (45, 500) to cover possible cost overruns. The majority of the project cost are reflected in ADA and/or State Health Department mandates. Architect Professional Association will provide full project service including structural, electrical and mechanical engineering. Their fee is 10% of the final construction cost with periodic billings in this fashion: Design development services 25% Construction document services 50% Bidding phase services 57.. Construction administration services 20% PROJECT COST AND FUNDING The Shakopee Jaycees would like to establish a payment plan with the City whereby, the Jaycees will make an initial down payment of $30, 000. this year and a minimum payment of $10,000. each succeeding year until the project is totally paid for. It's conceivable the Jaycees may have the project paid-off within two years if their fund raisers do well. The Park Reserve Fund would be used to offset the remainder of the costruction cost until such time that the loan is repaid. PROJECT COST Estimated Construction Cost $55,000. Contingency (10X. of project) 5, 500. Architectural fee 5, 500. TOTAL ESTIMATED COST: 566,000. SCENARIO FOR FINANCING PROJECT Payment Plan Balance Year Item $66,000. 1992 Total estimated project cost $30,000. 36,000. 1992 Jaycees initial payment 5,500. 30, 500. 1992 Architectural Cost-City absorbs 30,500. 0. 1992 Park Reserve Fund Loan PARK RESERVE FUND REPAYMENT PLAN Payment Plan Balance Year Item $10,000. $30, 500. 1993 First minimum payment 10,000. 20, 500. 1994 Second minimum payment 10,000. 10, 500. 1995 Third minimum payment 500. 500. 1996 Fourth minimum payment 0. 0. 1997 None .r.,nBta n7ta9e7 _ bnuo-5 9C:la noAgn evcYfait v f d A 't'id otlsq esU .e nonge 1 Lr,4gas nf. .d ilsgeio U1 aa911 PnY.:+if103 y'1i no bouc 90 licit :991: et,osntir}1s!+} eiT •.A.1 levo" :a9.fl iLt39 1F j-,:r }C• brie nolge 96i =isdgs, ..•!oi ,i blvode L:apbL:J roi3_+ultanc•rJ sAl , ioejts!_1e ed' hebtvc:-iq 0• :c,-fooaA nuosns11e'+' is 1ir"te Yne -10 se"/ pn!liueno:. ebulor fon : et-Nb atr'T o-..— . tu:: jso: 91di a.• 1Pvoa c•i (00e ,ea 9E1 t_•nepnlinoa :'O1 a !Ad..- NliE4easp yin et1T fac_ d1lacli s!tc,tT 1•: `bnE Ac L nt beic+eiisa'-z e'ie jaoa 339tc►-Aq ydt is y3 t f_•+ 8}n eA .s•n,111-Enso .':eh1bf!em { on1bu17nl5J1`."iy3 t Jr f u"!'; ! `>U1 SlJtvo-fq 11f V :o.L bt=•:)SaA 1Bt.ot�89i_1 3 i ii1�'Sd 164113 ytU ±c• ! rat o-•3 1191T .pel leentpne i•ns Lsot 71091 e �1F_ fui^•Li Yi :i}otdsai elr14 nt spnll td _tbal ;.;q d.t1+ isc•_ not. .J si no'_•• xe asolv-_ea :tneagoie _ , fluts•ee r'02 _Aaty iee fn9iu ob nctj� +nfano` Xc `3@:It , 196 9s_dq pr•,bbs .j �. 5t•?tv 17" noiia^}fet,1Lrh3 nC+l f'JL'fiLnr•3 { ONIGAU1 4MA T800 T4130$14 9dt ,j ft.119 ,}E If:, :.:-+nvsq s A:.LS (ai.:9 vi 9AA1 blue. Z'a9 Xrj eetiwiFri? 9}i l tri=sIP�G� rumtnt}a e b!1t: ,s9�; ir1J .0t. �C`�. lo tn9#e VL r vub inti nt ua aair.M ilio a:senw _ . 4,1 t• -iei s1 +oeonq soil Wcu 1d91I pr11h57_•?ua fDse ._),?0,012 io bnu1 YIQi' ii a Isex owl nlditr iia-b_eq 1:9to'Iq -411 eva 1 vem sesoxbl 9iii eldivi_onoo id tinlbK 1 c , F•.- 'u ed L:i iGjw bal.-1 9v-19.S49Y1 :i'+6g € iT .11911 f:bz -e,la , neci esti 31' em/1 11t.'? ILtrlu f :4• r!ct�•_wt.'�c. TWD T0algAq .s,o0 z t- � to vi % Zonerpntino'� ^•: L� 991 Is1u.17.-,etlit7•rA -T201. +(3'fTAt4IT23 1ATOT T31110Ai JNIOhAi!T'I SO'3 OIA.,4:j2 wiry_ Y89Y 9,nstme o81`1 •,1971Y! 1 ieef ' oo,2c ,•loo .o'* Spot .orie,o .,:•0� ��-, c e:a3 tnu t *169 .n .o02.tom' qi _ 1 TH3MYA43}I (Mtn 3V'-{923.3 ri3n y tnmsc6-4 mumintm le 11=f ._dpi .032 ,0e•' .0004012 inv:mvsq mu:ntntm hnooe2 #4 ,11 .(O?,0S .000.01 J.-9mYsq .00d,O1 .000 ,01 n bYaq mumtnlm A iluo i i' t .()02 .00 en7i! ceeL .G .11 At this time, staff is requesting Council's approval to direct staff to hire Architects Professional Association to do the design and specifications for the Tahpah Park Concession Stand Project using city funds. Staff believes the design cost for this city facility should not be absorbed by the Jaycees. The money will be coming from both city's Recreation ($1000) and Park ($2200) budget's professional services funds with the remainder to be allocated from the Park Reserve Fund. In May, The Park and Recreation Advisory Board revieved this concept and voiced no opposition since the Jaycees were the primary funding source. CONCESSION STAND PROJECT SCHEDULE June 16 Council approval to hire architect July 16 Staff and Jaycees review plans July 21 Council approval to advertize to bid August 7 Bid Opening August 18 Council accept/reject bids August 25 Construction can begin November 1 Project must be completed ALTERNATIVES BUILDING DESIGN 1. Direct staff to enter into agreement to have Architects Professional Association to do the design and specifications for the Tahpah Park Concession Stand Project utilizing city funds. 2. Deny request to pursue the project in 1992. 3. Direct the Shakopee Jaycees to hire the Architect to do the design and specifications for the Tahpah Park Concession Stand Project utilizing their own funds. 4. Table pending further information from staff. PROJECT FUNDING 1. Direct the appropiate city officials to enter into a Repayment-agreement with the Shakopee Jaycees for funding the Tahpah Park Concession Stand improvements. 2. Do not proceed with Repayment-agreement. 3. Utilize Park Reserve Funds and complete as a totally funded city project. 4. Table pending further information from staff. RECOMMENDATION BUILDING DESIGN - STAFF RECOMMENDS Alternative #1. PROJECT FUNDING - STAFF RECOMMENDS Alternative *1. 3 f�ofi:+rtA er1,S of 1 if>ta Estozggs a' ie-^uo: •_nitasupsl si 2'ttfa ,smti _idt fA A/a4 degr!aT sr:t ,} otrs .ti'Dsqa bits ,-pt sb sett oh of noiiet.oseA Ian•n}easlo-1q Bid{ Z01 Iso^ i:i 2 9 9dt asveiSed r?.a3? .abnu; • .fLD r:.ntau toeFo r{ bnat2 ne/tE:sanc') moll ontmoo :; iity {Qt im eriT ass-AEI, G i yd b.u'ot ds sd on biucrim '{f 11-,r t .,1i.1 sbnv3 ae,t ',e'3 isroi:eae c, ig e'3' ,bud «OS^a2! A- 1 bna cOOo1e' noitr-.� : .e4 '\tura Aiod bra shag 94T 0{01 rs: .Lnu`l 4vY3a7A kre9 iiif ,t,_1,11 pd •.t Yebntams- sr't fifty snis nol kaoggc on b'oiov bna teisDnoa sl i.i bevitvsi b-1.ao8 yioat•-bA nottse-xa9R . :Yuoa pnitnul r(zrimt d+ s-rew c9= Yat 3JUU:4HJ2_T)31.Oit• tiKATr NOT22A:Jiarf7 iog iivrza ai'd of lava-togs itonuo3 3,t nut snaig v41v91 ::ssoyar br.._ 1ts:n Nfiur. bid oi s* tf-rivba of lavo'gga tionuo7J Qntn9g0 b19 abtd foyt-.,-a' iqsooa iionuoZ 81 twT ,h nip-..1 b.i Lgmo_• ?•i forum t.Dgto 1 -f9dmevot4 -=3V iTAHR3TJ', 1 Warn,1 1Hl�i lIti�J _f not ai-pcaaA L7:noi 93oi5 a+-+y3tno,A .•n1 of 3neme 2.ps ..nt -19in: oi 31ajL _ .f 1 .1 t:'' o79 +:: nolacyono'' :_X69 rar..0aT 9d3 Yo3 floi aoi1134gs bra erii oh FbnL2 Y:3i.'? E•nI7:21i1U n! 171c-t_•Ici ssi euaiuci c' i!_ upsrc n90 .2 bna npieob edf 9'rtf o _e9^sst 9egr 4Er4? .c^ r:wo -1194i pn.7 ii 1+u tostoY4 bnai2 rtr grisTP _df :a3 r3QJ -t6_)1't ios•ie .ebnut 1Isle a+o-:I nol3smi ir.t i'Ai'Yu3 pr.it•,icq C•IdaT .t c)iii'NUB T33.1051 i 4 94-0 Ally In9»:9sIgE-inera-{eg9M a +stn; i_in9 of alE;--1iio yito ste_go'1gqs ?-+91iJ .1 .atn9msvozgmt bnat2 no1a_.9ono7) ,J'a9 nsdner GAf pntbnu1 'ioi eesnyeI. •�.cc._�c.:'e ' .?nems_, �r•e -insm'__gsf ,i t a bn• oolci _on rid a •{i to t 1•n.. 1 :e:J_J s ,: 9.tsigmo-2• ,a 9v lsa9ii :ha4 .33ats moti ;c t tarty foIn i• iedtie, e.tde"( .i 41C;°TAr3H31140339 2UH3Mf4032'i - W717230 c'Lf7.r17US ev1?r.r,1E-=JA GA3t1t107.4A 11AT2 - )Ii1 2HU i T ►3I C•':: .11 5 F ACTION REQUESTED 1. Move to direct the appropiate city officials to hire Architect Professional Association to do the design and specifications for the Tahpah Park Concession Stand Project. 2. Move to direct the appropiate city officials to enter into a Repayment-agreement with the Shakopee Jaycees for funding the Tahpah Park concession stand improvements. 4 A i TT3A 3c didziA D t/: c, sJelowxgga eft* }-•eitl. evoM .1 t ��_ r, •issy.• :a': a1�c9 degdeT 4di 3 ^n._ti�soi3i--eqe bne np±eeb eili ob o.r notiSt.Klo$A ,eras-Slips t�.e ,�g4.i a otnt 7e.ns of •,tto sjstqc.-tgge edi .voM .i .a3nsaevo .qmi bn6ie notasennoo 711a9 a1 gdeT 9di pnlbnui tr t seeo' et seq i 16da eat- djtr 1 F i1 72 0 NMEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Heritage Place 3rd Addition DATE: June 10, 1992 INTRODUCTION: The City has received a request from Kevin Von Riedel, Director of Development for Heritage Development, to extend by 90 days the 180 day time period for filing of a Final Plat after approval of the plat by the City Council. The City Code states that if a plat is not filed within 180 days after approval by the Council, the Council may rescind its approval. BACKGROUND: On June 18 , 1991, the City Council approved the Final Plat for Heritage Place 3rd Addition. City Code Section 12 . 03 , Subd. 4 .F states, "If the plat is not filed within 180 days after approval by the Council, the Council may rescind its approval and shall notify the Scott County Recorder / Register of Titles. " Although the City Code does not list criteria for determining whether the time period for recording of a plat should be extended. In the past, the City has made the determination on the basis of whether or not changes have occurred relating to the plat which may necessitate the City reviewing the plat again. City staff is not aware of any changes that have occurred in the area of the proposed plat that would necessitate a new review and approval of the plat by the City at this time. ALTERNATIVES: 1. Offer and pass a motion extending the 180 day time period for recording of the Final Plat for Heritage Place 3rd Addition by 90 days. 2 . Offer and pass a motion extending the 180 day time period for recording of the Final Plat for Heritage Place 3rd Addition by a period of time other than that requested by the developer. 3 . Offer and pass a motion denying the request to extend the 180 day time period for the developer to file the Final Plat for Heritage Place 3rd Addition, and require the developer to resubmit the plat for approval by the City. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Offer and pass a motion granting the developer of Heritage Place 3rd Addition an additional 90 days in which to file the Final Plat with Scott County. EX�I,I, A d fax transmittal memo 7671 d Of Pere P HE `AGE ..1.01r"- ��aa`��.� afrIMMIII ill IDEVELOPMENTR1� klia •M - 0 -Oa( Fuc# June 9, 1992 Mr. Lindberg fell }ia 5enir+r Planner City of Shakopee 129 E. 1st Avenue Shakopee, MN fS3 79 Re: Heritage Place Third Addition Dear Mr. Ekol a: Ps; you may already be aware, Heritage Development of Mi nne4i,+t a, Inc. has been negotiating with Lyman Development Co. for the sale of Heritage Place Third Addition. it is has comes to e ur attention that the final plat approval for Heritage Place Third Addition may have expired. If so, we would like to request - n extension of the approval so that we may complete our sale of the subdivision to Lyman Development, Please let me know, at your earliest convenience, what we may need to do to expedite this request. Should you have any quest ions .please do riot hesitate to call. Si ic. -rely, • vin Von Riedel irer_tor^ of Development • . • 420 East County Road D - St. Paul, MN 55117 (612) 481-0017 . O1\3SE1\1T IIS MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTO SUBJECT: PARKING RESTRICTIONS NEAR HIGH SCHOOL DATE: JUNE 8, 1992 INTRODUCTION As a follow up to the City Council discussion on June 2 , 1992 regarding the parking restrictions near the high school, staff would like to provide the Council with additional background information and request clarification on the type of sign desired. BACKGROUND Staff has inventoried the number and type of no parking signs located near the high school. The following is the results of that inventory. Spencer St. (900 block) - 4 "Resident Parking Only" signs (2 on each side of street) Sommerville St. (900 block) - 2 "Resident Parking Only" signs and 2 "2 hour parking during school hours" signs Lewis St. (900 block) - 4 "2 hour parking during school hours" signs 10th Avenue (Spencer St. to Holmes St. ) North side: 6 "2 hour parking during school hours" signs South side: 2 "No parking during school hours" signs In an effort to determine the exact intention of the City Council when these parking restrictions were established, staff has researched the Council minutes. Attachment No. 1 is a staff memo from November 2 , 1987 that resulted in the Council action in this regard. Staff would like clarification on the type of sign desired in this area, if the parking restrictions are to remain. The "Resident Parking Only" sign is a non-enforceable sign and is not recognized as a legal sign by the State Manual of Uniform Traffic Control Devises (MUTCD) and should therefore not be utilized. The MUTCD does have several signs that would be applicable in this situation, as follows: 1. Two Hour Parking 7am-4pm except Saturdays, Sundays and Holidays (time limits optional) . 2 . Two Hour Parking during school hours. 3 . No Parking during school hours. 4 . Two Hour Parking (all times) 5. Other combination of the above. The main issue that staff would like clarified by City Council is whether the parking restriction is for "No Parking" or "2 Hour Parking" during school hours. The second issue is the specific type of sign desired. RECOMMENDATION Staff feels that "No Parking" is too restrictive, especially for the residents in this area. Therefore, staff recommends that a 2-hour parking restriction be utilized. Staff feels that the more specific the sign, the easier it will be for the public to understand and for the police to enforce. Therefore, staff recommends sign No. 1, listed above. The City Council, of course, has the other option of eliminating any parking restrictions in this area completely. If this is desired, staff recommends soliciting neighborhood input in the form of a public hearing prior to the restrictions being changed. ACTION REQUESTED Move to direct staff to replace all the parking signs near the high school with the following sign: "2 Hour Parking 7am to 4pm except on Saturdays, Sundays and Holidays. " //r. MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer / '" SUBJECT: Parking Restrictions by Senior High School DATE: November 2 , 1987 INTRODUCTION: At their September 1 , 1987 meeting, Council directed staff to consider parking restrictions on Sommerville Street , Spencer Street , and 10th Avenue in the vicinity of the Senior High School. There was correspondence from two adjacent residents that there is substantial parking occurring on local streets by students of the High School . BACKGROUND: Engineering conducted an informal parking study to determine the magnitude of the problem. Attached is a copy of the results of the study indicating the number of parking spaces that were open within the school parking lot and the number of vehicles parked on the subject streets. The parking problem was brought to issue by Mr . Kenneth Bruesehoff and Mr. Donald Trutnau, both living on the 900 block of Sommerville. I spoke with both before undertaking the study . It was the intent of the study to determine if there is available spaces within the school parking lot to accommodate the vehicles parked on the street. The following comments refer to the study that are not evidenced by the study fact sheet. 1 . Mr. Virgil Mears indicated that there are a few visitor spaces as well as 10-15 spaces within the lot that are reserved for daily parking fee. 2. Mr Tratnau indicated that although there are excess spaces now, the spring time generates many additional vehicles and that typically the parking lot is full. 3 . The apparent reason for the generation of on-street parking by students is a new parking fee of $20 per quarter. 4. The actions of the school resulting in additional on street parking on local streets has encroached on the rights of the adjacent residents to enjoy full use of the street and parking in front of their houses. Parking Restrictions November 2 , 1987 Page 2 Mr . Mears stated that it is the opinion of the school that a parking lot attendant is necessary and hence the parking fee to cover those costs. The adjacent residents have requested the City to take action to control the parking on local streets by students similar to the controls on Lewis Street between 9th and 10 Avenues . The south half of the 900 block of Lewis is regulated to 2 hour parking. Apparently this problem was anticipated by the school and Mr . Mears had discussed possible parking control actions with the Police Chief . It is anticipated that restricting non-resident parking for one block adjacent to the school would attract the vehicles to the parking lot. It was the consensus of Mears and Brownell to restrict parking on Sommerville, Spencer , and 10th Avenue to resident parking only. The Police Department would then enforce the restrictions based on resident complaints. This proposed action would be acceptable by the residents although I question whether it is appropriate to place signs for resident parking on 10th Avenue or the west side of Spencer south of 10th Avenue. I would prefer two hour parking in these areas. Anytime the City takes action to correct a problem, there are some associated costs. My following recommendations would result in the placement of approximately 10 signs at an estimated cost of $40 per sign resulting in an implementation cost of $400 . As stated previously, enforcement of the restrictions would be on a complaint basis similar to Lewis Street . Chief Brownell indicated that the Police Department has not responded to any calls on Lewis and hence absorbed no costs as a result of those restrictions. RECOMMENDATION: I recommend that parking be restricted to residents only on the following streets : • Sommerville Street from 9th to 10th • East side of Spencer from 10th to the south I recommend two hour parking on the following streets: • 10th Avenue from Spencer to Holmes • West side of Spencer from 10th to the south Parking Restrictions November 2, 1987 Page 3 REQUESTED ACTION: 1 . Move to direct staff to restrict parking to residents only on the following streets: • Sommerville Street from 9th to 10th • East side of Spencer from 10th to the south Sr'ti'NC �v Sr. -1=0 ,1 Sririicor'eL r;f" cc i0'ti RAE 2. Move to direct staff to restrict parking to 2 hr. parking on the following streets : • 10th Avenue from Spencer to Holmes • West side of Spencer from 10th to the south KA/pmp PARKING IONSENT MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR Q, SUBJECT: 2ND AVENUE DATE: JUNE 1, 1992 INTRODUCTION Staff is requesting Council authorization to install/remove stop signs on the 2nd Avenue project. BACKGROUND Due to the 2nd Avenue construction, staff is requesting two modifications to stop signs within the project limits. The City Council must authorize any installation of modification of stop signs. The first one involves the existing stop signs at 3rd Avenue and Naumkeag Street. Currently, traffic is required to stop on 3rd Avenue while the traffic on Naumkeag Street has the through right- of-way. Due to the closing of the Naumkeag Street railroad crossing, the traffic on Naumkeag Street has been reduced significantly. 3rd Avenue now carries the majority of traffic in this intersection. Therefore, staff is requesting that the stop signs on 3rd Avenue be removed so that the 3rd Avenue traffic would then have the free right-of-way. Due to the low volume of traffic on Naumkeag Street, no stop signs are felt warranted on this street. The second situation involves the intersection of 2nd Avenue and Minnesota Street. Currently, this is an uncontrolled intersection (no stop signs) . Due to the construction of 2nd Avenue on both sides of the tracks, the traffic on 2nd Avenue has increased substantially. Because Minnesota Street crosses the tracks and has a fairly high traffic volume, staff feels that stop signs should be placed on 2nd Avenue. The fact that Minnesota Street is slightly higher than 2nd Avenue resulting in cross traffic on 2nd having to go "up and over the intersection" further defines the need for stop signs on 2nd in regards to vehicle safety. There has already been several "near misses" at this intersection. RECOMMENDATION Staff recommends the following action: 1. That the stop signs on 3rd Avenue at Naumkeag Street be removed. 2 . That stop signs be installed on 2nd Avenue at Minnesota Street. ACTION REQUESTED Move to authorize the removal of stop signs on 3rd Avenue at Naumkeag Street and the installation of stop signs on 2nd Avenue at Minnesota Street. l l TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1992/93 Property Liability Insurance Package DATE: June 10, 1992 Introduction The property liability insurance package is up for renewal on July 1, 1992. Background Due to some delays on the part of the City and some on the part of the League Insurance Trust, the renewal quotation for the property/liability package is not available for the agenda packet. We are trying to have it available to put on the table on Tuesday night. The policies expire June 30, 1992. The City has been part of the League self insurance trust for several years with very good results. Staff has not solicited other quotations. The League carries over 90% of Minnesota cities and there are very few other carriers interested in Minnesota municipal underwriting. It is anticipated that the cost of the renewal will be fairly stable compared to the current policies. There is no significant change in the policies. Alternatives 1. Direct staff to renew the current policies with the League of Minnesota Cities Insurance Trust and United Fire and Casualty (employee bonding) . 2. Adjourn to June 23 to consider insurance renewals. Recommendation If the renewals are received in time for the Council meeting, renewal is recommended. If renewals are not received in time for the Council meeting, Council can adjourn to June 23, 1992 to consider the quotation or simply give staff direction to renew the policies. Action Move to direct staff to renew the current policies with the League of Minnesota Cities Insurance Trust and United Fire and Casualty. CONSENT 1/ k) TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Old Park Building At Junior High DATE: May 29, 1992 Introduction The City owns the old park building at the Junior High and with the construction of the new building completed, the old one is not needed. Background The old park building at the Junior High is a remodeled shed that was moved in for temporary use several years ago. The new building at Scenic Heights Park is complete and therefore the old building is not needed by the City. The building has been carried on the inventory for insurance purposes at a value of $17,000, which was the estimated replacement cost. The building is apparently in need of some repairs. The estimated cost to demolish or move the building is $2,000. The resulting proceeds to the City would probably not exceed $1,000. The School District has been contacted and has expressed an interest if they can acquire it for little or no cost. Staff is not sure if there would be any interest at all from the general public if an advertisement for bids would be placed in the newspaper. With an open bid sale there may be additional staff time and effort involved in actually getting the building moved if sold. The building is on school district property. Alternatives 1. Demolition. 2. Sale by advertising for bids for removal. 3. Move to another City site. 4. Sell to ISD 720 for a negotiated amount. 5. Give to ISD 720 (or sell for $1.00) . Recommendation Alternative number 4. Action Move to declare the park building located on school district property by Scenic Heights Park surplus property and authorize the City Administrator to negotiate its sale. CONSENT //A MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk Re: Application for Temporary On-Sale Liquor License - St. Mark's Catholic Church DATE: June 12, 1992 INTRODUCTION AND BACKGROUND: St. Mark's Catholic Church, 333 West 4th, has applied for a temporary On-Sale Liquor License for July 25th and 26th. Their application is in order. Staff recommends approval. RECOMMENDED ACTION: Approve the application and grant a temporary On-Sale Liquor License to The Church of Saint Mark, 333 West Fourth Avenue, for July 25th and 26th, 1992. L //Br MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk Re: Application for Temporary 3 .2 Beer License - St. Mary's DATE: June 12, 1992 INTRODUCTION AND BACKGROUND: St. Mary's Catholic Church, 535 Lewis, has applied for a temporary 3 .2 beer license for June 27th and 28th. Their application is in order. Staff recommends approval. RECOMMENDED ACTION: Approve the application and grant a temporary Non-Intoxicating Malt Liquor License to St. Mary's Catholic Church, 535 South Lewis, for June 27th and 28th, 1992 . COi\1T I/ K v b\ MEMO TO: Dennis R. Kraft, City Adm' istrator FROM: Judith S. Cox, City Clerk ., RE: Renewal of Intoxicating Liq or Licenses DATE: June 12, 1992 INTRODUCTION: The following businesses have applied for 1992-93 Liquor License(s) . Staff has checked for delinquent property taxes and utility bills. The Building Inspector has advised me that all premises are in conformance with the City Code. The following applications noted "approved" are in order for Council consideration. Those that are marked "table" are not in order and should be tabled if they are not in order by Tuesday. I will have an update on the Council table Tuesday. RECOMMENDED ACTION: Approve the application(s) and grant an Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License(s) to: Action Applicant On Sale Sunday Off Sale Club Approve Bretbecca, Inc. X X X 124 West 1st Avenue Approve XX Corp. & Wittles Inc. X X X 1561 E. 1st Avenue Approve Clair's Bar Inc. X X X 124 South Holmes Approve Dangerfield's Restaurant, X X Inc. 1583 East 1st Avenue Approve J & D of Shakopee, Inc. X X 911 East 1st Avenue Approve MIN Hotel Corporation X X 1244 Canterbury Road Approve Canterbury Concessions,Inc X X X 1100 Canterbury Road Approve Turtle's Bar & Grill, Inc. X X 132 East First Ave. Action Applicant On Sale Sunday_ Off Sale Club Approve Corp-Tool, Inc. X X 122 East First Avenue Approve Family Dining, Inc. X 6268 Hwy 101 Approve Riverside Liquors, Inc. X 507 E. 1st Avenue Approve Valley Liquor, Inc. X 1104 Minnesota Valley Mall Approve Spirits of Shakopee, Inc. X 471 Marschall Road Approve American Legion X X Club Post No. 2 1266 East 1st Avenue Approve Knights of Columbus Home X X Assn. , Inc. 1760 East 4th Avenue Table VFW, Post No. 4046 X X 1201 E. 3rd Ave. Approve Pablo's Mexican Restaurant, X Inc. 230 South Lewis Street CONSENT ii< MEMO TO: Dennis R. Kraft, City Admi istr tor FROM: Judith S. Cox, City Clerk RE: Renewal of Intoxicating Liqu r Licenses DATE: June 12, 1992 INTRODUCTION: The following businesses have applied for 1992-93 Liquor License(s) . Staff has checked for delinquent property taxes and utility bills. The Building Inspector has advised me that all premises are in conformance with the City Code. The following applications noted "approved" are in order for Council consideration. Those that are marked "table" are not in order and should be tabled if they are not in order by Tuesday. I will have an update on the Council table Tuesday. RECOMMENDED ACTION: Approve the application(s) and grant an Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License(s) to: Action Applicant On Sale Sunday. Off Sale Club Approve Bretbecca, Inc. X X X 124 West 1st Avenue Approve XX Corp. & Wittles Inc. X X X 1561 E. 1st Avenue Approve Clair's Bar Inc. X X X 124 South Holmes Table Dangerfield's Restaurant, X X Inc. 1583 East 1st Avenue Approve J & D of Shakopee, Inc. X X 911 East 1st Avenue Approve MIN Hotel Corporation X X 1244 Canterbury Road Table Canterbury Concessions,Inc X X X 1100 Canterbury Road Table Turtle's Bar & Grill, Inc. X X 132 East First Ave. Action Applicant On Sale Sunday Off Sale Club Approve Corp-Tool, Inc. X X 122 East First Avenue Approve Family Dining, Inc. X 6268 Hwy 101 Approve Riverside Liquors, Inc. X 507 E. 1st Avenue Table Valley Liquor, Inc. X 1104 Minnesota Valley Mall Table Spirits of Shakopee, Inc. X 471 Marschall Road Approve American Legion X X Club Post No. 2 1266 East 1st Avenue Approve Knights of Columbus Home X X Assn. , Inc. 1760 East 4th Avenue Table VFW, Post No. 4046 X X 1201 E. 3rd Ave. Approve Pablo's Mexican Restaurant, X Inc. 230 South Lewis Street COSE1\1T ll� b� ‘o` MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of Non-Intoxicating Malt Liquor Licenses DATE: June 12, 1992 INTRODUCTION The following businesses have applied for a 1992-93 On and/or Off Sale Non-Intoxicating Malt Liquor License. Staff has checked for delinquent property taxes and utility bills. The Building Inspector has advised me that all premises are in conformance with the City Code. All of the applications are in order for Council consideration, except those that indicate "table". These should be tabled if they are not in order by Tuesday. I will place an update memo on the table. ACTION REQUESTED Approve the application(s) and grant an On Sale and/or Off Sale Non-Intoxicating Malt Liquor License to: Approve/ Table Applicant On Sale Off Sale Table Kenneth D. Berg X 222 East 1st Avenue Table Birch Bru, Inc. (SuperAmerica) X 1155 East 1st Avenue Approve Cedar Fair L.P. X One Valleyfair Drive Table J.B.F. Inc. DBA Jerry's Pizza X 823 East 1st Avenue Approve Holiday Stationstores, Inc. X 444 East 1st Avenue Approve Pizza Huts of the Northwest, Inc. X 257 Marschall Road Approve Retail Foods of Minnesota, X a division of Gateway Foods, Inc. dba Brooks Food Market #28 615 Marschall Road Approve/ Table Applicant On Sale Off Sale Approve Racing Promotions, Inc. X One Checkered Flag Blvd. Approve Shakopee Ballroom & X Banquet Center, Inc. 2400 East 4th Avenue Polka Dot Dairy, Inc. Tom Thumb Food Markets,. X 590 So. Marschall Road Approve Fraternal Order of Eagles X Aerie #4120 220 West 2nd Avenue Approve Retail Foods of Minnesota, X a division of Gateway Foods, Inc. dba Brooks Food Market #42 1147 Canterbury Road Table Kee P. Suen X dba Family Chow Mein Resturant 237 East 1st Avenue Approve Shakopizza, Inc. X 483 South Marschall Raod Approve Stonebrooke of Shakopee, Inc. X 2693 County Road 79 JSC/trw 0-,) i c.): 2: i Vi i //,,( MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of Non-Intoxicating Malt Liquor Licenses DATE: June 12, 1992 INTRODUCTION The following businesses have applied for a 1992-93 On and/or Off Sale Non-Intoxicating Malt Liquor License. Staff has checked for delinquent property taxes and utility bills. The Building Inspector has advised me that all premises are in conformance with the City Code. All of the applications are in order for Council consideration, except those that indicate "table" . These should be tabled if they are not in order by Tuesday. I will place an update memo on the table. ACTION REQUESTED Approve the application(s) and grant an On Sale and/or Off Sale Non-Intoxicating Malt Liquor License to: Approve/ Table Applicant On Sale Off Sale Table Kenneth D. Berg X 222 East 1st Avenue Table Birch Bru, Inc. (SuperAmerica) X 1155 East 1st Avenue Approve Cedar Fair L.P. X One Valleyfair Drive Table J.B.F. Inc. DBA Jerry' s Pizza X 823 East 1st Avenue Approve Holiday Stationstores, Inc. X 444 East 1st Avenue Approve Pizza Huts of the Northwest, Inc. X 257 Marschall Road Approve Retail Foods of Minnesota, X a division of Gateway Foods, Inc. dba Brooks Food Market #28 615 Marschall Road Approve/ Table Applicant On Sale Off Sale Approve Racing Promotions, Inc. X One Checkered Flag Blvd. Table Shakopee Ballroom & X Banquet Center, Inc. 2400 East 4th Avenue Table Polka Dot Dairy, Inc. Tom Thumb Food Markets, Inc. X 590 So. Marschall Road Approve Fraternal Order of Eagles X Aerie #4120 220 West 2nd Avenue Approve Retail Foods of Minnesota, X a division of Gateway Foods, Inc. dba Brooks Food Market #42 1147 Canterbury Road Table Kee P. Suen X dba Family Chow Mein Resturant 237 East 1st Avenue Table Shakopizza, Inc. X 483 South Marschall Raod Approve Stonebrooke of Shakopee, Inc. X 2693 County Road 79 JSC/trw CONSENT if MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Renewal of On Sale Wine Licenses DATE: June 12 , 1992 INTRODUCTION Cedar Fair L.P. has applied for an 1992-93 On Sale Wine License. The application from Cedar Fair L.P. is in order. ACTION REQUESTED Approve the application and grant an On Sale Wine License to Cedar Fair L.P. , One Valleyfair Drive. JSC/trw OI\1SENT i / N MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Termination of Lease With Capesius Agency DATE: June 12 , 1992 INTRODUCTION: The Committee of the Whole directed me to meet with Lee Hennen of the Capesius Agency and to convey to him the City Council 's intent to terminate our lease with him in the old Marquette Bank building. BACKGROUND: As Council is aware the Capesius Agency is currently a tenant of the City' s at the old Marquette Bank building. At the time the City acquired the structure we did not know whether we would have a need for the second story space or not. As a result of that we entered into a month to month lease with the Capesius Agency until such time as the space allocation had been determined for the new City Hall. As Council is aware the Capesius Agency will be moving to other quarters within the next two to four months. I met with Mr. Hennen and Ms. Sichmeller of the Capesius Agency and informed them of the Council 's desire to formally terminate the lease. Mr. Hennen requested that they be allowed to remain in the building until late summer or early autumn. Our construction activity in the bank will probably require a period of four to five months, therefore their request will present no major problem to the City. Mr. Hennen indicated that he anticipates they will be able to move during the month of September, however in the event of unforeseen problems it might be some time in the month of October. In my opinion we will not be occupying the building prior to October or November and it would even be possible for us to occupy all except the second floor of the building if in fact the Capesius Agency would not be out during the month of October. Therefore I recommend that the City Council agree to the terms and conditions of a termination letter to Mr. Hennen which will indicate that he will out no later then October 31, 1992 . 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C0 ) K P H H ;) o 0 1-00) d < <n o ►i CD H. �' 0 `+ '0 < Co' moi rn CD 014 CD0 w 'd 0 p CD c+ o c+ a TS 0• '`t CD H 0 H o Ps' H H • +' 0 co 1 So 'Co - F-' N co N I-' Co O N co co o � Un -• -• O\ 1 VD 0 ON � 1 � 0 0 0 '.D O\ VO 1 0 0 Co H O O O1wqOvOV) RJw�NO 0 0 0 4' 01 N 0 w 0 w Un N IIP MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Appearance Before Senate Gaming Regulations Committee DATE: June 12, 1992 The Chair of the Senate Gaming Regulations Committee has requested that Mayor Laurent testify before the Committee on the possible acquisition of Canterbury Downs by the Mdewakanton Sioux Community. This presentation will occur on June 23rd. In preparation for this presentation it is appropriate that the City Council provide direction for the Mayor's testimony. The following items are presently being considered for inclusion in the testimony: 1. The financial impact of removing Canterbury Downs from the property tax rolls and more specifically its impact on the City, Independent School District No. 720 and Scott County. 2 . The impact of removing real property from the tax rolls relative to Tax Increment Districts Numbers 1 and 4 . 3 . The two plus million dollars in outstanding bonds on the Canterbury Downs project. 4. The City's working relationship with the Mdewakanton Sioux Community. 5. The City's working relationship with Ladbroke Racing Corporation and Ladbroke Canterbury. 6. The fact that the City currently receives $. 10 per capita for each paying patron at Canterbury Downs. 7. The physical impact of large crowds at Canterbury, more specifically in terms of impact on roads and the demand for police, fire and other emergency services. 8. The policy impact for the entire State relative to property which is currently on tax rolls being purchased by an Indian tribe and subsequently taken off the tax rolls. 9. The further expansion of casino type gambling in the State of Minnesota. The above mentioned list is not meant to be all inclusive in terms of topics to be discovered but is presented as an introductory point from which the City Council can provide additional subjects to be covered in the testimony. Please be prepared to provide further comment at the meeting on June 16th. / ;2, al MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director6-5---- SUBJECT: Vierling Drive, Between C.R. 17 and C.R. 79 Project No. 1992-3 DATE: June 9, 1992 INTRODUCTION: Attached is Resolution No. 3602, A Resolution accepting bids and awarding the contract for Vierling Drive, Project No. 1992-3. BACKGROUND: On May 5, 1992 the City Council of Shakopee ordered the advertisement for bids for the Vierling Drive Project. This project consists of constructing Viering Drive from C.R. 17 to C.R. 79 and includes new street, curb & gutter, sidewalks and storm sewers. On June 4, 1992 bids were received and publicly opened for this project. A total of 10 bids were received and are summarized in the attached Resolution. The low bid was submitted by Erickson Construction of Burnsville, MN for a total bid of $450, 220. 67. The Engineering Department has reviewed all bids for completeness and also the qualifications of Erickson Construction, the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. Attached is Resolution No. 3602, which accepts the bids on this project and awards the contract to Erickson Construction. Because this is a State Aid Project, the City cannot award this project until the plans have been approved by the State Aid office. If the contract is awarded prior to State Aid approval, the City would forfeit all State Aid funding for this project. On June 8, 1992 staff received a verbal approval of the plans from the State Aid office along with assurances that the signed plans would be delivered to the City prior to the June 16th City Council meeting. If no plans are received by that date, the Council could table any action on this item until the next meeting. Staff is also requesting that the City Council authorize a contingency amount equal to 10% of the bid for use by the City Engineer to cover any minor change orders or quantity adjustments that may occur on this project. A contingency amount of 10% is equal to $45, 022 . 00. The feasibility report had preliminarily estimated the construction costs to be $365, 000. 00. Because the bid amount is substantially higher than the estimate, staff would like to offer an explanation for this difference. It is quite evident that the storm sewer costs resulted in the higher bid costs. At the time the feasibility report was prepared, the hydraulic design for the storm sewers had not been completed and in fact, this is not possible to do until the design has been ordered. In addition, the runoff calculations from the adjacent private subdivisions had not been provided to staff during the feasibility report preparation. Therefore, the exact diameter of the storm sewer pipe needed for the runoff was not readily available. The feasibility report had assumed a storm sewer size of 36" diameter, while the final design required a 48" diameter pipe. This resulted in the bid for this item being $60, 000. 00 higher than estimated. There were also some other storm sewer changes during the design that resulted in additional costs over what the feasibility report estimated. Since approximately 97% of the storm sewer costs will be assessed to the abutting developments, these increased costs will result in an increased assessment for the subject properties. ALTERNATIVES: 1. Accept the low bid and award the contract to Erickson Construction. 2 . Reject the low bid and award the contract to another bidder. 3 . Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Offer Resolution No. 3602 , A Resolution Accepting Bids on Vierling Drive, Between County Road 17 and County Road 79, Project No. 1992-3 and move its adoption. 2 . Authorize a contingency in the amount of 10% of the contract for use by the City Engineer in authorizing change orders for this project. DH/pmp MEM3602 RESOLUTION NO. 3602 A Resolution Accepting Bids On Vierling Drive, Between County Road 17 and County Road 79 Project No. 1992-3 WHEREAS, pursuant to an advertisement for bids for the Vierling Drive Project, between County Road 17 and County Road 79 , bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Erickson Construction $450, 220 . 67 Latour Construction $455, 083 . 45 Barbarossa & Sons $462 , 247 . 90 S .M. Hentges & Sons $469 , 444 . 85 Brown & Cris $477 , 338 . 25 GMH Asphalt $483 , 819 . 20 NW Asphalt $491, 596. 65 Ryan Contracting $494 , 062 . 00 Hardrives, Inc. $496, 804 . 85 G. L. Contracting $536, 322 . 56 AND WHEREAS, it appears that Erickson Construction, Inc. , 13616 Pleasant Lane, Burnsville, MN 55337 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Erickson Construction, Inc. in the name of the City of Shakopee for the improvement of Vierling Drive, between County Road 17 and County Road 79 by street, curb & gutter, sidewalk and storm sewer according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney JONSENT /2 .13 MEMO TO: Dennis Kraft, City Administrator rdi FROM: Dave Hutton, Public Works Directo SUBJECT: Apgar Street, 2nd Avenue and Pierce Street Project No. 1992-6 DATE: June 9, 1992 INTRODUCTION: Attached is Resolution No. 3603 , which approves the plans and specifications and authorizes staff to advertise for bids for Apgar Street, 2nd Avenue and Pierce Street, Project No. 1992-6. BACKGROUND: On April 7, 1992 the City Council of Shakopee held a public hearing and ordered the preparation of plans and specifications prepared for the construction of Apgar Street, between 1st Avenue and 2nd Avenue, 2nd Avenue between Apgar Street and Pierce Street and Pierce Street between 2nd Avenue and 3rd Avenue. This project consists of reconstructing Apgar Street to Municipal State Aid Standards by adding curb & gutter, replacing the pavement and adding storm sewer where necessary. The project also consists of constructing a new street on 2nd Avenue and Pierce Street to replace the existing gravel streets as well as add any sewer and water necessary on these blocks. On May 2, 1992 the City Council of Shakopee held a second public hearing and ordered the preparation of plans and specifications prepared for the reconstruction of 2nd Avenue between Apgar Street and Atwood Street. This portion of the project consists of replacing the existing street, replacing sewer and water and installing curb & gutter where needed. Both of these projects have been designed and will be bid together as one. The plans and specifications have now been completed and the project is ready for bids. Attached is Resolution No. 3603, which authorizes the advertisement for bids for this project by the City Council. Staff has attached a tentative schedule for the completion of this project as submitted by our consultant. A copy of the plans and specifications will be available at the City Council meeting for review and comment or they can be inspected ahead of time in the Engineering Department. In addition to this project, there is a small storm sewer project needed to correct a drainage problem adjacent to Foothill Trail and Horizon Drive. Staff has been working to correct this problem and originally planned on putting in this storm sewer as part of the Muhlenhardt Road Project since it was in the general vicinity of Muhlenhardt Road. Since that project has not gone forward and may be some time before it does, staff is getting several requests from the neighborhood to correct the drainage problem yet this year. Staff is proposing to bid out this small storm sewer project with the Apgar Street Project in an effort to obtain a lower bid price since it would be tied in with a larger project. If this were bid out separately the project costs would be much higher due to its small size. Therefore staff has included this storm sewer in the Apgar Street plans. ALTERNATIVES: 1. Adopt Resolution No. 3603 , authorizing staff to advertise for bids for this project. 2 . Deny Resolution No. 3603 . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3603 , A Resolution Approving Plans and Specifications and Ordering the Advertisement for Bids for Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Between Atwood Street and Pierce Street; and Pierce Street, Between 2nd Avenue and 3rd Avenue, Project No. 1992-6 and move its adoption. DH/pmp MEM3603 r WM& Orr Schelen Mayeron& Associates,Inc. May 28, 1992 2021 East Hennepin Avenue Minneapolis,MN 55413 612-331-8660 FAX 331-3806 Engineers Mr. Dave Hutton, P.E. Architects City of Shakopee Planners 129 East 1st Avenue Surveyors Shakopee, MN 55379 Re: Apgar Street, Second Avenue and Pierce Street City Project No. 1992-6 OSM Project No. 4916 Dear Mr. Hutton: This letter is a follow up to our telephone conversation on May 27, 1992, with regards to the above referenced projects' schedule. As we discussed, the following dates are now in effect for the projects: Completion of Preliminary Plans and Specifications Tuesday, June 2, 1992 City Review of Preliminary Plans and Specifications June 2 through June 9, 1992 Finalize Plans and Specifications June 9 through June 16, 1992 Submit Final Plans and Specifications to City June 19, 1992 City Council Approves Plans and Specifications and Sets Letting Date June 16, 1992 City Accepts Bids July 10, 1992 Council Awards Project July 21, 1992 Substantial Completion of Project October 1, 1992 Final Completion October 20, 1992 Please give me a call if you have any questions regarding this letter. Otherwise, I will look forward to seeing you and Ray at 11:00 a.m. on Tuesday, June 2, 1992. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. Std-A, Bret A. Weiss, P.E. Project Manager ci cc: Minor Morse Equal Opportunity Employer RESOLUTION NO. 3603 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Between Atwood Street And Pierce Street; Pierce Street, Between 2nd Avenue and 3rd Avenue Project No. 1992-6 WHEREAS, pursuant to Resolutions No. ' s 3563 and 3593 adopted by City Council on April 7, 1992 and May 19, 1992 , David E. Hutton, City Engineer, has prepared plans and specifications for Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, between Atwood Street and Apgar Street; Pierce Street, between 2nd Avenue and 3rd Avenue and has presented such plans and specifications to the Council for approval . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2 . The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. 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 CONSENT f AC MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director 11-01-11 SUBJECT; 1992 Pavement Preservation Program DATE: June 9, 1992 INTRODUCTION: Staff is requesting City Council authorization to advertise for bids for the 1992 Pavement Preservation Program. BACKGROUND: The Public Works Department has $75, 000. 00 in the 1992 budget for the Pavement Preservation Program. This program is used for routine maintenance items such as seal coating, overlaying or cracksealing. In 1991, staff bid out a crackfilling project. The results of the project were very positive and resulted in substantial preservation of our streets over the winter. The streets that were crackfilled did not have as much movement and deterioration this spring as other streets. Staff is proposing to bid another crackfilling program in 1992 . Staff has identified numerous streets in Shakopee where this treatment would benefit the streets, and is proposing to bid out a $50, 000. 00 project for crackfilling. There is also some pavement patching and cross pan construction needed in the JEJ Addition that will result in another $15, 000. 00 to $20, 000. 00 expense. The remainder of the budget will be used for miscellaneous pavement repair. Staff would like permission to bid this project. Attached is Resolution No. 3604 , authorizing staff to advertise for bids for the Pavement Preservation Project for City Council consideration. ALTERNATIVES: 1. Adopt Resolution No. 3604 . 2 . Deny Resolution No. 3604 . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3604 , A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 1992 Pavement Preservation Program, Project No. 1992-8 and move its adoption. DH/pmp MEM3604 RESOLUTION NO. 3604 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The 1992 Pavement Preservation Program Project No. 1992-8 WHEREAS, David E. Hutton, City Engineer, has prepared plans and specifications for the 1992 Pavement Preservation Program and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertise- ment for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. 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 rvi\ z.1 vi u iv " MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of a Portion of the 10th Avenue Right-of-way Between Swift Street and Merrifield Street DATE: June 9, 1992 INTRODUCTION: The attached Resolution No. 3609 sets a public hearing date to consider the vacation of a portion of the 100 ' of right-of-way for 10th Avenue between Swift Street and Merrifield Street. DISCUSSION: After reviewing a variance application for a street side yard setback, the Board of Adjustment and Appeals recommended that the City Council set a public hearing date to consider the vacation of a portion of the 100 ' of 10th Avenue right-of-way from Swift Street to the mid-block area before Merrifield Street. The attached resolution sets a public hearing for July 21, 1992 . On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to City Council for their consideration. ACTION REOUESTED: Offer Resolution No. 3609 , A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of the 10th Avenue Right-of-Way between Swift Street and Merrifield Street, and move its adoption. RESOLUTION NO. 3609 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A PORTION OF THE 10TH AVENUE RIGHT-OF-WAY BETWEEN SWIFT STREET AND MERRIFIELD STREET WHEREAS, it has been made to appear to the Shakopee City Council that a portion of the 100 ' of right-of-way between Swift Street and Merrifield Street serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 21st day of July, 1992 , on the matter of vacating a portion of the 100 ' of right-of-way between Swift Street and merrifield Street. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, 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. 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 ' ONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of a Portion of the Alley Within Block 7, East Shakopee Plat DATE: June 9 , 1992 INTRODUCTION: The attached Resolution No. 3610 sets a public hearing date to consider the vacation of a portion of the alley within Block 7, East Shakopee Plat. DISCUSSION: The City has received a petition for the vacation of the alley between lots 3 , 4, and 5, and lots 6, 7 , and 8 of Block 7 , East Shakopee Plat. The attached resolution sets a public hearing for July 21, 1992 . On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 3610, A Resolution Setting the Public Hearing Date to Consider the Vacation of the Alley Between Lots 3 , 4 , and 5, and Lots 6, 7 , and 8 of Block 7 , East Shakopee Plat, and move its adoption. • Rv EDIT A ;� p 4 4f•X..t. t{bU4 >: Y ark� !'• �' �� r :.,:::„;:: :,.... otc.:;:,:::t :....... • }}v :t RV K IA% ' ;: ' hiiiMi J C}} as w - ,) . +may ` SS.� r 1 ,,.�a it t YAK �'w'�' '��• �: V �.ki � s'- _- • • ' ". 5i; li41 '1; '' ‘---'-----‘ - '-'", ' -------_-%. —7-7' , i-4:! ......-1- _____.1. 2...t'''' , •1 f.-s .�. / _ c -'�L .y tom— ,— z , ,•'_3 ( •may. � G �- laSS • , �q , 1.• 4 , - - .,, • . -,'- Vit ; ,' ,a"� • ; •; .a.:*` ;., • I • ' tri .• A 1 ■� 1t -0M:.17A •� 1 �1 p 1 1 1 ; t. eat k::; • , 1IT ) QB2 'J.� - -awn EN >..,sem ...„t' 'I iY \\,...„..,, s.ay.cu ' i 1 i N ` ! I .,«int«a \: 3 • Imo` 1 � �'� � 'r• ' ..p•, (^ i 1•I I i (s{ f34,'i' l.I '-i I I Al -717174,, .t .1 1 .';Zr� OV` AG AGRICULTURE 71.1 ','�^ v. . ! l 1 ----- t`, 0 ''►� ►� R1 RURAL RESIDENTIAL , .0 _� =--� --,, �� R2 URBAN RESIDENTIAL ` '' ° ''f 1 •it#� R3 MID—DENSITY RES. T • '� �f`�` R4 MULTI FAMILY RES. Fr-T-• ,i i_ B1 HIGHWAY BUSINESS o I gum �'� 1 —77 ' B2 COMMUNITY BUSINESS I. I '` 1 ' tA B3 CENTRAL BUSINESS ,o. ; 0S t � `,`G^� .G �~'' x coo : + f__, • - 1 • _ "\ os •� �-`•—j r- 11 LIGHT INDUSTRIAL ^ ,_ _„ �� j----,. ^ r.l 12 HEAVY INDUSTRIAL m� F--- , r-___! t- --� ` 1_j 1 i,• _`-: S SHORELAND ',-- �' .•a F_;_ �:-� ' , • ® ! — tom—' '( • • [.I�» t FLOODPLAIN DISTRIC mom _ , a , , , -a-•° MANDATORY PUD 19 4'10 ,• 2 --! RTD RACETRACK DISTRIC L'41115116*.'b�©Qhi A � �`•,74- ; E Zoning Map City of SHAKOPEE .......-- .., k-,-418if1rr It' L IPLA • . • „, . 7.1;-.., th.... . ti..._:_. I i .. it , 1 , —Ael=-4 r4ii• ,aii wr.• 4.4.i, Ji6 • *.:Ar `Abs.31 - a-%rest. e4- Pral ii VEY-F. 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Portion of the Alley ...33 I :14 x: Proposvc1 for Vacation-- —---> ...., -:- i$ , - 9 1- Tj li 1.1 i A t 1 , AMRS « ; • -../.. , . 1 , . ,. ... - ..../..u.ji, ' '• j L -J , ..iti- ir rirracir.re I ..ifil•:.-0 .,!,4140:-72 :-... ,-- g.....-.7...1..;Pe-• . - ,le NV ., ii.7,1r,- 1,1 I . : :,..4..:::;za”•--... ."..: _.-- RESOLUTION NO. 3610 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF THE ALLEY BETWEEN LOTS 3, 4, AND 5, AND LOTS 6, 7, AND 8, BLOCK 7, EAST SHAKOPEE PLAT WHEREAS, it has been made to appear to the Shakopee City Council that the portion of the alley between Lots 3 , 4 , and 5, and Lots 6, 7 , and 8 , in Block 7 , East Shakopee Plat serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 21st day of July, 1992 , on the matter of vacating that portion of the alley between Lots 3 , 4 , and 5, and Lots 6, 7 , and 8 , in Block 7, East Shakopee Plat. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, 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. 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 CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Amendment to Resolution No. 3573 , A Resolution Approving the Final Plat of The Meadows 7th Addition DATE: June 11, 1992 INTRODUCTION: The Meadows 7th Addition was approved on April 21, 1992 , by Resolution No. 3573 . This plat was approved subject to nine conditions. DISCUSSION: Staff has recently received the mylar copies of the plat for The Meadows 7th Addition for review. During the review by the Planning Department, it was discovered that a portion of this plat is torrens property and existing lot lines for this type of ownership must be recorded by the Scott County Recorder' s Office. These additional lot lines result in the original 5 lots created within Block 6 to be expanded to 7 lots. A similar situation resulted during the subdivision process for The Meadows 4th Addition. To resolve difficulties with setbacks and lots that do not meet the size requirements established in the Subdivision Ordinance, the following condition should be added to the list of nine conditions listed in Resolution No. 3573 : 10. The following pairs of lots shall be sold and built upon together as one parcel: Lots 1 and 2, Block 6; and Lots 3 and 4, Block 6. ALTERNATIVES: 1. Amend Resolution No. 3573 , A Resolution Approving the Final Plat of The Meadows 7th Addition, by adding Condition No. 10 which states, "The following pairs of lots shall be sold and built upon together as one parcel: Lots 1 and 2 , Block 6; and Lots 3 and 4 , Block 6. 2 . Do not amend Resolution No. 3573 , A Resolution Approving the Final Plat of The Meadows 7th Addition. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3611, A Resolution Amending Resolution No. 3573 , Approving the Final Plat of The Meadows 7th Addition, and move its adoption. RESOLUTION NO. 3611 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 3573, APPROVING THE FINAL PLAT OF THE MEADOWS 7TH ADDITION. WHEREAS, it has been determined that a part of Block 6, The Meadows 7th Addition is torrens property and part is abstract property; and WHEREAS, some lots within Block 6 of The Meadows 7th Addition must be identified with two different legal descriptions separating the torrens from the abstract property. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That Resolution No. 3573 is hereby amended by adding an additional condition of approval as follows: 10. The following pairs of lots shall be sold and built upon together as one parcel: Lots 1 and 2 , Block 6; and Lots 3 and 4, Block 6. 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 CONSENT I). MEMORANDUM TO: MAYOR AND MEMBERS OF CITY COUNCIL FROM: Karen Marty, City Attorney DATE: June 12, 1992 RE: Release of Temporary Easement Sara Laurent of Laurent Builders, Inc. has requested that the City release a temporary easement which was granted in 1976. The easement was to assist in the construction of a storm sewer, and is no longer needed. The attached resolution would authorize the appropriate city officials to release this easement. ACTION REQUESTED: Offer Resolution No. 3612 , a Resolution of the City of Shakopee, Minnesota, authorizing the appropriate City officials to release a temporary easement and move its adoption. Attachment [12MEMO] RESOLUTION NO. 3612 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A TEMPORARY EASEMENT. WHEREAS, on August 11, 1976, Minnesota Valley Mall, Inc. , a corporation, granted to the City of Shakopee an easement known as the Watson Storm Sewer Easement; and WHEREAS, this easement was recorded on March 30, 1977 , as Document No. 154846 ; and WHEREAS, this easement included a 23 . 00 foot wide temporary easement westerly of and adjoining the permanent easement; and WHEREAS , the temporary easement no longer serves any purpose. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the appropriate city officials are hereby authorized to execute the appropriate documents to release the temporary easement described in the last paragraph of Exhibit A to the Grant of Easement dated August 11, 1976, and recorded on March 30, 1977 , as Document No. 154846. The Exhibit A is attached, with the relevant language stricken. 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 [12MEMO] -,„- r ":".7" ••,./- iiet.....:,..,:* --Tril ' s. .-t7.' • ;\\1117,1"-43/, 4,4:- , , ,, _ ..• • : -1;1•:- ..,:---1 ._. . -...- •toet _iti, - 41 - ,.. .7.,,,,"\-1.-th .,..4e--"-.4 ;r• ..„,,,4 •-,...:,....,-- :- • • -...*,' ' • • . -'N ,ifi-',:fr A- ' 4,...."."-.....s......,. •,- /Mt.. --!t • - '., '1*--c-c,u.11)) 1 4 e'll'•. 0'..r.•.•:.,•rtkl.- F:.0,,.1.. ..t- s, toce,..t. -TvKi .;„.......z„ •$ e,: ,' I' •' . ' &A., 1&„ ,..0-"'4 , it.iirto --t• -} • .'- ...o.,+•x•• , -.!•, .t,tt/ft N -- • _J., •.: • "' ' .' ‘• writersTabi'ssimi,ipitsirre if•••••:-.. p s. - . •.:44...yi . ,s. • . • . _ •• • - •• ,,-•,,,,•:. .....•-:.-•-• ._. -, •••••."• -1 •• ,....... , •,,.. -„. . . ,:.•)?, isc:.. -`"---• . • •:4401 c:‘..- •- . •• ,. . ,Yli. .. ., . . • . . . • . . . • . 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Beginning at a point, on.thereast-iihe'ef•hiud nerthatist qiirter of . - the southeast quart*-Iyies:2*.S3 feht.,soitthisly , the northeast N b.. ' t • corner of said oortW, tr „theSdetheast quarter. said. • ''„ east line is,,saaserrbl,ti4oder• 14.these* westerl. y alms a • . • line which pussies iltraill a poth Liar 114.00 feet•souther1,7 • of des northwest cosimapitlea t"querter.'of the seutheast • • . . quarter as'messuredit=i-Seetharairth line, a distance of 1450 feet-'sad there': i', -01- .• . . • . '• ' • Together wii/i-e-21.00-filat--,midedeasement-for-constructleor ___ purposaa,_weaterly-of-sed-Amlioisaalh--the-ehewo-41neeribed-permeneme- . easements,---The-side-limes-of-,A141-easseents-awW.,to-ws-iesiammeses- ' ,•• , or shortened to-inteireehe'ssid-southerkr-right-of--esr-lisser-of • Legislative-Road-No.-300*and-seld-descrihed-tiwe-"A"-.--• - • . • : ...6 • . , . . 7.,.. • • % + • cake a art ammo 1 •:')z.,„ bre ems, is ... . . 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" • •.' . • - . _ 'N.kr'-A,.?'•..-... ,'2•.I-P"' • MEMORANDUMU I N 1 2 k TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: June 12, 1992 RE: Release of Lots From PUD Development Agreement In May the City approved the Beckrich Development Planned Unit Development, including Lot 1, Block 1. That lot and block are entirely separate from the rest of the planned unit development, and do not need to be included. None of the development agreement requirements pertain to this lot. We have been asked to release this lot and block from the development agreement, and staff sees to reason to oppose this request. ACTION REQUESTED: Offer Resolution No. 3613 , a resolution of the City of Shakopee, Minnesota, authorizing the appropriate City officials to execute a partial release of development agreement and move its adoption. [12MEMO] RESOLUTION NO. 3613 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PARTIAL RELEASE OF DEVELOPMENT AGREEMENT. WHEREAS, on May 21, 1992, the City of Shakopee and Beckrich Development, a Minnesota General Partnership, entered into a Planned Unit Development Agreement; and WHEREAS, this Agreement was recorded on May 27 , 1992 , as Document No. 296106; and WHEREAS, that Agreement provided numerous protections for the properties within the proposed Planned Unit Development Agreement, but these protections are not necessary for or relevant to Lot 1, Block 1, Beckrich Park Estates; and WHEREAS, the parties thereto now desire to release Lot 1, Block 1 from the Planned Unit Development Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the appropriate city officials are hereby authorized to execute the appropriate documents to release Lot 1, Block 1, Beckrich Park Estates, from all requirements of the Planned Unit Development Agreement recorded on May 27, 1992 , as Document No. 296106. 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 [12MEMO] i2- A: EXPLANATION TO ORDINANCE 337 ORIGINATING DEPARTMENT: Law Department PURPOSE: To amend various provisions of the City Code to clarify language, delete incorrect references and redundant language, and correct grammar. REMARKS: The Law Department, the City Clerk, the Administrative Secretary, and the Receptionist have worked for some time to place the entire City Code onto the City' s computer system. The goal is to make the City Code easier to update, and easier to work with, over the long run. The most immediate goal is to provide an update of the City Code, since one has not been done since 1990. A full update will be forthcoming later this summer or fall. In preparing for this, various old ordinances need to be "cleaned up" . The City' s previous codifiers recommended, and staff agreed, that a few ordinances would not be codified because they were extremely poorly written. This led to an incomplete and misleading City Code. These problem ordinances are being repealed or amended so that they may be codified properly. With the City Code on computer, searching it for various terms, such as gender-based language, become relatively simple. If this ordinance passes, the City Attorney will remove gender- based language from the Code as a part of the overall improvements. ACTION REQUESTED: Offer Ordinance No. 337, an ordinance amending various provisions of the City Code to clarify language, delete incorrect references and redundant language, and correct grammar, and move its adoption. Submitted by: City Attorney [12MEMO] ORDINANCE NO. 337, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING VARIOUS PROVISIONS OF THE CITY CODE TO CLARIFY LANGUAGE, DELETE INCORRECT REFERENCES AND REDUNDANT LANGUAGE, AND CORRECT GRAMMAR. WHEREAS, the City Code of the City of Shakopee contains incorrect references, confusing terms, and incorrect grammar; and WHEREAS, the City has now placed the entire City Code onto its own computer system, making correction of errors easier; and WHEREAS, as a part of this updating of the City Code, various sections need to be clarified. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Sec. 9. 50, Parking During Street Maintenance and Parking Between November 15 and April 1, is hereby clarified and renamed "Parking During Street Maintenance, Snowy Weather, and in Central Business District. " Section 2 - That the incorrect reference to the "Minnesota Municipal Planning Act, Minnesota Statutes, Sections 462 . 351 to 462 . 36" in City Code Sec. 2 .90, Subd. 1, is hereby deleted and replaced with the following: "Minn. Stat. Sec. 462 .359" . Section 3 - That City Code Sec. 6.42B, adopted in Ordinance 230, is hereby amended by deleting redundant provisions as follows: by deleting Section I, paragraphs 1, 2, 4, and 5 ; by deleting Section III, paragraphs 1.A and E; by deleting the phrase "except for beverages" in Section X; and by deleting paragraphs 1 and 2 in Section XI. All remaining provisions are renumbered. Section 4 - That the codifier is hereby authorized to change all gender-based language to sex-neutral language, provided that no substantive changes shall be made. Section 5 - 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 ).3 CL) MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of the South 5 ' of the 15 ' Easements Along the North Lot Lines of Lot 1, Block 2, and Lot 1, Block 3, Prairie Estates 2nd Addition DATE: June 15, 1992 INTRODUCTION: The attached Resolution No. 3614 sets a public hearing date to consider the vacation of the south 5 ' of the 15 ' easements along the north lot lines of Lot 1, Block 2, and Lot 1, Block 3 , Prairie Estates 2nd Addition. DISCUSSION: The City has received a petition for the vacation of the south 5' of the 15 ' easements along the north lot lines of Lot 1, Block 2, and Lot 1, Block 3, Prairie Estates 2nd Addition. A copy of a portion of the plat showing the location of the portions of the easements proposed for vacation is attached as Exhibit A. The attached resolution sets a public hearing for July 21, 1992. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 3614, A Resolution Setting the Public Hearing Date to Consider the Vacation of the south 5 ' of the 15 ' easements along the northern lot line of Lot 1, Block 2, and Lot 1, Block 3 , Prairie Estates 2nd Addition, and move its adoption. --- - F:XHI R T T -A_-- ----- ---------- ----. * ** 2422 Enterprise Drive Mendota Heights, MN 55120 * PIONEER LANO SURVEYORS •OW ENGINEERS (612) 681-1914•Fax 681_9488 * en neer n LANO PLANNERS• LANDSCAPE ARCHITECTS 9 . 625 Highway 10 Norlheasl * Blaine. MN 55434 * �C (612) 783-1880•Fox 783-1883 DC5CZIPTiotJ SrL--TcH Foe CITY OF SNAKOPC-C N 89°51'57" E • 400.04 �� 02 z7 2 30.00 30.00• e 170.02 uc[L 4_z111 4.72[J1 7=Z..7 I ►� 1in � LIN 1 I% ) 1� 1 N1 IN L 170.20 �� JJ • L 170.02 I • C) 0 I— S 89 °51'57 W N 89°51'57" E I I— b I I I I I. <� i 1 I 01 2 I� 00 ` z I o 2 v j� a N( I� I� I to p L 170.02 I t_ 170.39 J 8 , • lZ i N 89051'57" E 1 S 89°51 57 W — • 1 1 I p 21 I� 3 • 3 2 1^ —`4, 5.>.2.>. �,— 3 "' L ,70.02 , I a 9pt ro \•OgO' \ • •O- $ r 861 � r N 89051'57" E 1 0 0 l ate.., 90.48 1 1 �0 • A 11 IO d o � lo ! 4 Iti I z EASEMENT TO BE VACATED IN PRAIRIE ESTATES 2ND ADDITION The South 5.00 feet of the 15.00 foot easement shown in Lot 1, Block 2, except the East and West 10.00 feet and the South 5.00 feet of the 15.00 foot easement 1- )\ as shown in Lot 1, Block 3, except the East 10.00 feet and except the West 5.00 feet all in Prairie Estates 2nd Addition, Scott County, Minnesota. I hereby certify that this survey,plan or report was=sired by me pr under my direct supervism ion and that I aduly Registered Land Surveyor under rho laws of the State of Minnesota.Dated this 1Z —day of 4,./41t.= A.D.192--. . Sole l'= 60' / ROBERT B.SIKIC L.S.REG.NO.1Ae91 RESOLUTION NO. 3614 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF THE SOUTH 5 ' OF THE 15 ' EASEMENTS ALONG THE NORTH LOT LINES OF LOT 1, BLOCK 2, AND LOT 1, BLOCK 3, PRAIRIE ESTATES 2ND ADDITION. WHEREAS, it has been made to appear to the Shakopee City Council that the south 5 feet of the 15 foot easements along the north lot lines of Lot 1, in Block 2 , and Lot 1, in Block 3 , Prairie Estates 2nd Addition serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 21st day of July, 1992 , on the matter of vacating the south 5 feet of the 15 foot easements along the north lot lines of Lot 1, Block 2 , and Lot 1, Block 3 , Prairie Estates 2nd Addition. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, 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. 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 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Pool Chlorinator DATE: June 15, 1992 INTRODUCTION: The pool chlorinator is not functioning and a new one needs to be acquired in a timely manner to keep the pool in operation. BACKGROUND: On June 12 , 1992, it was discovered that the pool chlorinator was not operating. Staff immediately had the chlorinator removed and taken to a repair shop to determine if it could be repaired. The cost for repairing the chlorinator was comparable to what a new chlorinator would cost. The chlorinator regulates the amount of chlorine injected into the pool. Chlorination of the pool is necessary to prevent algae growth and kill bacteria and other contaminants. Over the weekend we chlorinated the pool with pool chlorine tablets. This is a very costly method of chlorination and is not as effective as the normal system in place. The cost to acquire a new chlorinator was $1, 300.00. Several vendors had the chlorinator in stock. On June 15, I ordered a new pool chlorinator. Several weeks ago we drained the pool equipment maintenance budget when we acquired the new pool pump. There are only two sources of funds available for this necessary expenditure; the Park Reserve Fund or the Contingency Appropriation Account. Staff is recommending that the Shakopee City Council authorize the appropriate City officials to allocate $1,300.00 from the Contingency Appropriation Account to fund this expenditure. ALTERNATIVES: 1. Authorize the appropriate City officials to purchase a new chlorinator at a cost not to exceed $1,300. 00 with funding to be allocated from the Contingency Appropriation Account. 2 . Authorize the appropriate City officials to purchase a new chlorinator at a cost not to exceed $1,300. 00 with funding to be allocated from the Park Reserve Fund. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to purchase a new chlorinator at a cost not to exceed $1,300.00 with funding to be allocated from the Contingency Appropriation Account. POOLE-15 BAS/tiv MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Joint Meeting With the Shakopee Public Utilities Commission DATE: June 12, 1992 The meeting between the City Council and the Shakopee Public Utilities Commission has been scheduled for 7 : 00 p.m. Monday, July 13th at the Shakopee Public Utilities Commission office. If any Councilmember has any item that they would like included on the agenda please get that information to me by Tuesday, July 7th. If there are items that will require any significant amount of research it would be desirable to have that information prior to July 7th.