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Home My WebLink About09/15/1992 TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 15, 1992 Mayor Gary Laurent presiding 1] Roll Call at 8:00 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: None 8] Communications: a] William C. Anderson, NSP, requesting amending city code to allow bow hunting within certain area in the City b] Steph Walker regarding sewer problem 9] Public Hearing on the vacation of a portion of Minnesota Street North of the alley located North of 7th Avenue 10] Boards and Commissions: Planning Commission: a] Final Plat of Maple Trail Estates, lying East of CR-17 and across from Timber Trails Addition - Res. No. 3650 b] Rezoning Request of Universal Forest Products 11] Reports from Staff: a] Hiring An Architect for the Ice Facility - tabled 8/11 b] City Hall Renovation - Authorize Bidding on Bid Package /3 , Furnishings c] City Hall Renovation - Award Bids on Bid Package #2 d] Planning Department Application Packets *e] Joint Prosecution - Approve Lease Agreement f] I-35W Change Plan - Economic Solution - Res. No. 3663 TENTATIVE AGENDA September 15, 1992 Page -2- 11] Reports from Staff continued: *g] Approve Bills in the Amount of $618,769.86 *h] Norwest Bank - Underground Electric Line - Res. No. 3665 *i] Street Cut on Market Street j] Citywide Sidewalk and Trail Plans *k] Selection of Asbestos Removal Contractor *1] Cable Attorney Selection 12] Resolutions and Ordinances: *a] Res. No. 3662 - Appointment to Park & Recreation Advisory Board *b] Res. No. 3664 - Accepting Work on the Swimming Pool, Project No. 1992-5 *c] Res. No. 3666 - Setting Public Hearing for Vacation of Easements in Canterbury Park 1st Addition 13] Other Business: a] b] c] 14] Adjourn Dennis R. Kraft City Administrator MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: September 11, 1992 1. Attached is the Building Activity Report for August. 2. Attached is correspondence from Jane VanMaldeghem regarding her resignation as Recording Secretary. 3 . Attached is a memorandum from the City Planner regarding the 10th Avenue Vacation - Deeding of Vacated Land on South Side of 10th Avenue. 4. Attached is correspondence from Minnegasco regarding a rate increase. 5. Attached is correspondence from Jim Strommen, Holmes & Graven regarding Final US West Uniform Telephone Rates - Savings Calculation. 6. Attached is correspondence from Thomas DeMatteo regarding the sewer back-up - Mr. & Mrs. Urban Klein. 7. Attached if the Police Newsletter for Council review. 8 . Attached is correspondence from Donald Slater, League of Minnesota Cities regarding League of Minnesota Cities FY 92/93 Membership Dues. 9 . Attached is a memorandum from the City Attorney regarding absence on September 15, 1992. 10. Approximately three weeks ago the Assistant City Administrator informed Council that the Building Department was taking the necessary steps to insure that the property located at 128-132 South Holmes Street (old shoe shop) did not become more of a safety problem than what already exists. The deadline for corrective action on the part of the property owner was Thursday, September 9, 1992 . As indicated in the correspondence to the property owner, staff has obtained cost quotations from several local builders to secure the facility. If no further input is submitted by Councilmembers regarding securing the facility, staff will proceed in hiring the contractor with the lowest quoted price (Dahl Carpentry - $460) . Cost for securing the facility will initially be allocated from the 1992 Building Department Budget. There are adequate funds within the Building Department Fund to absorb this expense. Staff will be taking the necessary action to have the cost applied to the property owners tax statement. 11. Attached are the unofficial minutes of the Shakopee Cable Communication Commission meeting held on August 30, 1992. 12. Attached are the unofficial minutes of the Shakopee Public Access Corporation meeting held on August 30, 1992 . 13. Attached is a memorandum from the Finance Director regarding 1993 Budget. 14 . Attached are the Revenue and Expenditure Reports as of August 31, 1992. 15. Attached are the unapproved minutes of the September 3, 1992 meetings of the Planning Commission and Board of Adjustment and Appeals. A- 1 CITY OP SHAKOPEE BUILDING ACTIVITY REPORT - AUGUST 1992 August 1992 August 1991 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 7 77 6, 224,821 7 78 5,617, 600 Single Family-Septic 2 14 1, 968 ,424 3 11 1,790, 600 Multiple Dwellings - 10 1, 030,322 - 7 779, 600 (# Units) (YTD Units) (-) (20) - (-) (14) - Dwelling Additions 11 63 237 , 397 2 58 273 ,990 Other 4 10 43 , 150 1 12 70, 380 New Comm. Bldgs 2 3 1, 359, 000 1 4 1,261, 800 Comm. Bldg. Addns. - 1 80, 000 - 1 40, 000 New Industrial-Sewered - - - Ind. Sewered Addns. - - - - 1 16, 400 New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - Accessory/Garages 3 24 218,461 10 28 242, 290 Signs & Fences 4 44 80, 005 3 50 111,867 Fireplaces/Wood Stoves 1 2 2 , 155 - 1 4, 200 Grading/Foundation 2 9 612 , 160 - 3 202 , 500 Moving - - Razing - 3 47, 213 - 1 1,500 Remodeling (Res. ) 2 23 75,713 2 25 184, 409 Remodeling (Inst. ) - - - 1 1 30, 000 Remodeling (Comm/Ind. ) 3 26 1, 798, 670 7 36 2,473 , 397 TOTAL TAXABLE 41 309 13 ,777,491 36 315 13 ,069,033 TOTAL INSTITUTIONAL - - - 1 1 30, 000 GRAND TOTAL 41 309 13 , 777,491 37 316 13 ,099 , 033 No. YTD. No. YTD. Variances 1 2 - 3 Conditional Use - 8 1 6 Rezoning 1 5 - 2 Electric 30 308 33 219 Plumbing & Heating 41 360 35 315 Total dwelling units in City after completion of all construction permitted to date 4 ,724 Jeanette Shaner Building Department Secretary CITY OF SHAEOPEE BUILDING PERMITS ISSUED IN AUGUST, 1992 9579 Mike Etzell 1023 Goldenrod Lane Deck 1, 176 9580 William Reinke 1016 Prairie Street Garage 11,450 9581 Void 9582 Novak Fleck 1227 Dakota Street House 68, 891 L 14 B 2 , Meadows 6th 9583 J. Patrick Hughes 1147 Goldenrod Lane Deck 1, 400 9584 Novak Fleck 1108 Dakota Street House 82, 643 9585 Rick Sames Const. 1833 E. 10th Avenue Porch/Deck 4, 000 9586 Robert Jasper 948 So. Pierce Street Entry 950 9587 Brian Call 850 Prairie Street Addition 15, 000 9588 Carlson Real Estate Shakopee Town Square Temp. Sign 100 9589 Stonebrooke Golf Club L 2 B 5, Timber Trails Grading 100 9590 Model Stone Co. 6801 Hwy. 101 Foundation 75, 000 9591 Jack Brambilla 550 Valley Park Drive Comm. 1, 200, 000 9592 Jack Brambilla 500 Valley Park Drive Signs 5, 000 9593 New Century Const. 574 E. 5th Avenue House 62 ,834 L 1 B 1, Mulberry Meadow 1st 9594 Joe Young 1122 Prairie Court Deck 1,500 9595 David Anton 1908 Granite Drive Storage Bldg. 857 9596 Robert Leghorn 940 So. Main Street Egress Window 465 9597 Gary Leadstrom 1154 Shawmut Street House 111, 113 L 3 B 3, Prairie Estates 2nd 9598 W. F. Construction 1173 Shawmut Street House 77,501 L 4 B 2, Prairie Estates 2nd 9599 DACO 815 E. 8th Avenue Fire Damage 4,890 9600 Deutsch Const. 1286 Prairie Lane House 97, 500 L 5 B 1, Prairie Estates 2nd 9601 Laurent Builders 1057 Stonebrooke Drive House 195, 000 L 8 B 2, Stonebrooke 1st 9602 Roger Ruff 630 E. 7th Avenue Garage 9,000 9603 Fulton Weckman 1154 Limestone Drive Deck 1, 050 9604 Morcon Construction Shakopee Public Schools Fire Code Mod. 76, 970 9605 Elsie Stemmer 515 E. 4th Avenue Fence 100 9606 Greystone Const. 1803 Eagle Creek Blvd. Mini-Storage 74 ,000 9607 Dale Dahlke Beckrich Park Estates Pump House 7, 500 9608 Mitchell Grove 2093 Pike Lake Road Deck 1,000 9609 Joel Straight 1248 Ruby Lane Deck 1, 370 9610 David A. Williams Const. 783 Cortland Circle House 123 ,794 L 2 B 9, Beckrich Park Estates 9611 Tom Hayer Bldr. Inc. Shakopee Town Square Remodel 30,000 9612 Charles Wellens 1054 Merritt Street Floor Drain 2, 000 9613 Germundsen Companies 1340 West 3rd Avenue Storage Tank 4 , 700 9614 Earl Weikle & Sons 287 Marschall Road Remodel 14,800 9615 Custom Pools 1208 Jefferson St. Pool 15,000 9616 Kent Johnson 1208 Jefferson St. Fence 1, 500 9617 Gene Pass 1109 Monroe Street Fireplace 880 9618 Paul Rosenlund 1813 Granite Drive Deck 1,500 9619 Dean Jensen 1155 Menke Circle Deck 700 9620 Logeais Homes 1251 Sapphire Lane House 72 , 398 L 5 S 5, Heritage Place 2nd Total: $2 , 455, 632 tkc;L SEP 0 11992 August 31 , 1992 Mayor Laurent and Shakopee City Council Judith Cox, City Clerk Lindberg Ekola, City Planner TO EACH OF YOU: It is with mixed emotions I submit my letter of resignation as Recording Secretary for the City of Shakopee. Regret. . . because I 'm leaving a position I have enjoyed and where I have been able to learn so much in many different areas. Excitement. . . because I have taken a full-time position that I believe will be very rewarding; but will, at the same time, challenge my time management in business as well as in personal time. I will continue recording for the Planning Commission and City Council through the month of September. You've been a wonderful group to work with, and I shall miss all of you. Sincerely,jn �� V /, . , ne VanMaldeghem * 3 MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, City Planner RE: 10th Avenue Vacation Deeding of Vacated Land On South Side of 10th Avenue DATE: September 9, 1992 INTRODUCTION AND BACKGROUND: As you will recall, it was discovered in the recording process that the vacation for the 10th Avenue right-of-way could not occur as originally planned. Staff has prepared a letter to the property owners on the north side of 10th Avenue, requesting their willingness to quit claim deed the proposed vacated strip on the south side of 10th Avenue. Attached is a packet of information, including a copy of the letter sent to the north side property owners, a map of the overall 10th Avenue area, a list of all property owners on both the north and south side of 10th Avenue, and a map of each area to be vacated. You may receive calls on this particular item. As directed, staff is providing this information to the City Council. Please direct calls or questions to staff as appropriate. Thank you. o.t 9-3- CITY OF SHAKOPEE INCORPORATED 1870 ra 129 EAST FIRST AVENUE,SHAKOPEE,MINNESOTA 55379-1376 (61Z 4453630 September 2,1992 Maplewood 1st Addition Townhouse %Ted Klehr 1405 E. 10th Ave. Shakopee, 11Tmnesota 55379 RE: Proposed 10th Avenue Vacation Dear Mr.Klehr: On June 21, 1992, the City of Shakopee mailed you a notice of public hearing for the proposed vacation for a portion of the 10th Avenue right-of-wayadjacent to your property. The purpose of the vacation was to narrow the City's portion of land (right-of-way)from 100 feet hi width to 66 feet in width. An equal amount of land on both the north and south sides of the 10th Avenue right-of-way was proposed to be vacated. No physical changes, such as reconstruction of the street, installing sidewalks or moving utility lines were proposed with this vacation. Only the reduction of the 100 foot right-of-waywas considered in this action. On July 21,1992,the City Council approved the vacation but during the recording process we discovered that this vacation could not occur as planned. Apparently the original 100 feet of right-of-way was dedicated by the properties on the north side of 10th Avenue. If the vacation were to be recorded,the properties on the north side of 10th Avenue would end up owning a 17 foot wide strip of land on the south of side of 10th Avenue. This is not acceptable. For this vacation to be completed as originally intended,the property owners on the north side of 10th Avenue would need to deed the portion of land on the south side of 10th Avenue to those adjacent properties on the south side of 10th Avenue. Without the proper -- deeding of this strip of land, the vacation for properties along 10th Avenue in this area cannot be completed. Attached is a map which illustrates the portion of 10th Avenue which you,as a property owner on the north side, would need to deed to the adjoining property owner on the south side of 10th Avenue. The Heart Of Progress Valley AN EOYAL OPPORTUNITY EMPtOYEA o Page 2 Letter-Vacation of Portion of East 10th Ave.Right-of-Way The City is asking you to consider deeding that portion on the south side of the 10th Avenue right-of-way to those properties on the south side of 10th Avenue. If you are willing to deed this land, the City will prepare all necessary documents at no expense to you. You will be giving up land you cannot use now,and the City will be able to vacate unnecessary right-of-way. Enclosed with this letter is a form for your completion. Please check off the appropriate box which identifies your willingness to deed or not deed the property on the south side of 10th Avenue. Please return to the City of Shakopee at your earliest convenience. A stamped self addressed envelope also is enclosed. If you have any questions, please call me at 445-3650. Thank you. Sincerely, Lindberg S. Ekola City Planner end. s i _--7 , 7*1 I 2iI 14 sim a..-7_, 0 . . kv ,: , l� Z��L3 ; n Zs';j,. ., fr ' ..., A1 a To I }Lit ti S k rt 3. 1 I g3 17//1 O . •Q 0 /M f Axe 3 � > '1S' 11 ,t 1 1 I 13/ S m I @ Y a7. 1_ _ I a a � J S I ': #4-7r1441811 °) t 1 't - o +r w ( I a — t I m — — 1 1 0 + • I c �. S: y n , y U /1 1 i J u_ Ef '3 i I 14 VACATTONOF A PORTION OF 10TH AVENUE RIGHT-OF-WAY North Sade-9IioaatitRfral mu Property Owner/Address .. Lot 1,Blk 1 27-1290014 /Maplewood 1st Addn Townhouse Maplewood Townhouses %Ted Klehr 1405 E.10th Ave. Shakopee,MN 55379 Lot 3,Blk 1 27-027003-0 /Francis L.Vohnoutka&Kathleen A. Scenic Hats.1st Addn, 1431 E.10th Ave. Shakopee,MN 55379 Lot 7,Blk 2 27427010-0 / •Eames & Evelyn C. Scenic Hgts. 1st Addn. 967 Sibley St. Shakopee, MN 55379 Lot 8,Blk 2 27-027011-0 t/ Harlan D.Lindgren & Beverly B. Scenic Hgls. 1st Adds 972 Ramsey St. Shakopee,MN 55379 Lot7,Blk 3 27-0270244 Gregory A.Bardon&Althea M. Scenic Hgts.1st Addn. 971 Ramsey St. Ex.N 5' Shakopee,MN 55379 Lot 6,Blk 1 27-031006-0 1/Eugene W.&Ellen L.Allen Scenic Hgts.2nd Addn. 970 S.Swift St Shakopee, MN 55379/ Lot 5,Blk 2 27-031011-0 .,/ Andrew W.&Elaine A.11.Unseth Scenic B .2nd Addn. 971 S.Swift St. Shakopee,MN 55379 Lot 6,Blk.2 27-0310124 /Alois H.&David P.Beckman Scenic Hgts.2nd Addn. 970 Miller St. Shakopee, MN 55379 Lot 3,Blk 3 27-031018-0 / Jeffrey D. &Becky C.Boldt Scenic Hgts.2nd Addn. 971 Miller St. Shakopee, MN 55379 South&de-12 Properties Lot 1,Blk 1 27-0340014 ✓Steven G.Weclauan&W Scenic Hats..3rd Addn. 1408 E.10th Ave. Ex Rd. Shakopee,MN 55379 Lot 2,Blk 1 27434002-0 ✓James D. &Dana R.Listrude Scenic Hgts.3rd Addn. 1424 E. 10th Ave. Shakopee, MN 55379 / 5 Jni4 PMD Prooety OwnerfAd&v Lot 3,Blk 1 27-034003-0 /Richard E.&Mary L.Broome Scenic Hgts.3rd Addn. 1004 Sibley St. Shakopee, MN 55379 Lot 1,Elk 2 27-034008-0 /James P.Rein & Kathleen L. Scenic Hgts.3rd Addn. 1005 Sibley St. Shakopee,MN 55379 Lot 1,Elk 1 27-108001-0 Scott T.Witte Nor-Dean 1st Addn. 1522 10th Ave.E. Shakopee,MN 55379 Lot 2,BSc 1 27-108002-0 ✓Randall M. &Joellen Stmd Nor-Dean 1st Addn. 1528 E.10th Ave. Shakopee, MN 55379 Lot 1,Blk 3 27-034022-0 V Francis & Bernadette McDonald Scenic Hgts.3rd Addn. 1005 S.Ramsey St. Shakopee, MN 55379 Lot 14,Elk 3 27-034035-0 /Gary G.&Kathleen E.Waller - Scenic Hgts.3rd Addn. 1004 S.Swift St. Shakopee,MN 55379 Lot 1,Elk 4 27-0141136-0 /Carrie M.Ross Scenic Hgts.3rd Addn. 1716 E.10th Ave. Addn Lying E of a Line Com- - -Shakopee, MN 55379 70.851E of NW Cor,S O Pt. 69,98 E of SW Cor&That Taminafiog Lot 1,Elk 4 27-0.34036-1 / Marcia L.Tiegs Scenic Hgts.3rd Addn. 1710 E.10th Ave. Lying W of a Line Com Shakopee, MN 55379 70.85'E of NW Cor,S to Pt 69.98'E of SW Cor& There Terminating Lot 14,Blk.4 27-034049-0 /Duane M.Kepler&W Scenic Hgts.3rd Addn. 1004 Miler St. Shakopee, MN 55379 Lot 1,Blk 5 27-034050-0 / Mary C.Skok Scenic Hgts.3rd Addn. 1005 Miller St. Shakopee, MN 55379 VIADLPWOOD 3 1ST ADD \ . .. SE VO I \ O TSA \\Tow \ IIO % f� 1 7' 10 TH AVE. 44' ROADWAY 100' R.O.W. � 1 %%%%%%%%%%%%%i%%%•••••%i��%•••••••••••%••••••i%• 1 7' •• •••••• •• ••••••••••• • •• ••••• ••••.• • ••• ••♦ / III III i Q 0 , > n YCL U H O III Uw I 3m // R.O.W. TO BE VACATED TO (, �, PROPERTY OWNER ON THE NORTH SIDE OF 10TH AVE. R.O.W. TO BE VACATED. •��:03 !i32�2S NEEDS TO BE DEEDED TO PROPERTY OWNER ON SOUTH SIDE OF 10TH AVE. / 8 -AVDS t I \ DGPL \ ///////%%%///////%////%///////////%/%/_____ _711 T 44' ROADWAY 100' R . O .W. 10 TH AVE. i watt avt,e �ii�i�i�i�JenrtiteAtii4'JJiJ�i�Oii�ii�i�i�iJi�i�i�i�i'Oii�O �i 1 7 ISI of t _ �__ RI 1 \ Up , 3 R.O.W. TO BE VACATED TO v / PROPERTY OWNER ON THE NORTH SIDE OF 10TH AVE. R.O.W. TO BE VACATED. :%„4.„%•?J NEEDS TO BE DEEDED TO PROPERTY OWNER ON SOUTH SIDE OF 10TH AVE. \ 6 \__, \ S -T - R - C < VA \ �� / i1 44' ROADWAY 100' R .O .W. 10 TH AVE. .... ..............t........................,,............... + 17' .•••.4, pppp•pppp.•.•pp.•.•.•••..••••••••❖.•.•.pppo,,00.••0.•0❖.•❖•••O•.•O.•• ROSS T F CS � � 9FI R 1 4 R.O.W. TO BE VACATED TO %/ /4 PROPERTY OWNER ON THE NORTH SIDE OF 10TH AVE. R.O.W. TO BE VACATED. .'*. ��±NEEDS TO BE DEEDED TO PROPERTY OWNER ON SOUTH SIDE OF 10TH AVE. C BOLT 17' �� f 10 TH AVE. 100 ' R .O .W. / 44' ROADWAY 17' ••••••••••••••••••••••••••••❖. •.••••••4•••••••••••••••••••••••••••••••••••••••:, .00❖. SKOK R.O.W. TO BE VACATED TO PROPERTY OWNER ON THE NORTH SIDE OF 10TH AVE. R.O.W. TO BE VACATED. 31 NEEDS TO BE DEEDED TO PROPERTY OWNER ON SOUTH SIDE OF 10TH AVE. / 5 BADO \ ALL _ \ ///////////%%//////%/////%/////%//�/%/%/%////ra J 17 , 44' ROADWAY 100' R .O .W. 10 TH AVE. ♦♦♦••••4 .♦♦♦♦♦♦♦♦•••♦.♦♦...♦.♦.♦.♦.♦.♦.♦.♦.♦.♦♦.♦.♦.♦..♦.♦.♦♦♦♦.♦.♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦,.♦♦♦♦♦.♦.♦♦♦.♦♦-ft♦♦♦♦�.�♦♦♦♦.♦♦ ♦♦♦♦♦♦♦♦.♦♦ • ..♦♦.....♦♦♦♦♦♦♦♦♦♦♦. ♦♦♦♦♦♦♦♦♦♦♦,♦♦♦♦♦♦♦♦♦♦♦♦♦♦ •••••••••••••••••••••••••••••••••••w••••••••. .• • ••• .�..•.•t•.•...•..W....•♦:0♦♦OOOOi•i•i�i•i♦i♦i�i�i • V1cD0 \ ALD WALLLR 4 R.O.W. TO BE VACATED TO A PROPERTY OWNER ON THE NORTH SIDE OF 10TH AVE. R.O.W. TO BE VACATED. 'O�• • a NEEDS TO BE DEEDED TO PROPERTY OWNER ON SOUTH SIDE OF 10TH AVE. asset 4 Minnegasco. • • A Division of Arida.Inc. September 4, 1992 Judith Cox City Clerk 129 E First Ave Shakopee, MN 55379 Dear Ms. Cox: I am writing to inform you that Minnegasco has filed a rate increase request with the Minnesota Public Utilities Commission (MPUC) that would raise a typical residential heating customer's bill by about $3.50 per month. This request, Minnegasco's first general rate increase request in Minnesota since 1982, would increase overall revenues by about 5.5 percent. The MPUC has approved a 2.63 percent interim rate increase, effective September 1. An official notice of this filing is enclosed. Please share this information with your Mayor - - - and City Council members at your earliest convenience. - There are four major factors affecting Minnegasco's need for a rate increase: • The need to invest continually in the gas distribution system • Costs associated with old manufactured gas plants • The effects of inflation over several years • Growth of conservation programs designed to help customers save energy and money. The rate increase will help us meet the significant increases in our costs of doing business, and enable us to continue providing a safe, reliable supply of natural gas. Although we have been able to improve productivity and manage expenses effectively over the past several years, we're at a point where those efforts are no longer enough to offset rising costs. Even with this proposed increase in rates, Minnegasco's residential natural gas rates will still be the lowest offered by the five largest natural gas utilities in Minnesota. If you have any questions about this rate increase request, please don't hesitate to contact me at (612)342-4821. Sincerely, Kim Roden, Director Local Government & Community Relations asormi 201 South Seventh Street Minneapolis.MN 55402 Notice to Counties and Municipalities Under Minn. Stat. § 2166.16 Subd. 1 BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION - STATE OF MINNESOTA In the Matter of the Application ) of Minnegasco, Minneapolis, ) Minnesota, for Authority to Change ) NOTICE OF APPLICATION Its Schedule of Natural Gas Rates ) FOR RATE INCREASE for Retail Customers Within the ) State of Minnesota ) MPUC Docket No. G-008/GR-92-400 On July 2, 1992, Minnegasco, a division of Arkla, Inc. , (Minnegasco) filed a request with the Minnesota Public Utilities Commission (Commission) for a general rate increase of $24.8 million or 5.5 percent. In accordance with Minn. Stat. § 216.16 Subd. 3 (1990), the Commission shall order an interim rate schedule into effect no later than September 1, 1992. The Commission has approved an interim rate increase of $11.8 million or 2.63 percent. Below are examples of the effect of the proposed and interim increase on typical bills. Individual changes may be higher or lower depending on actual natural gas usage. Rate class Average Average Interim rates Proposed monthly usage monthly bill : rates CCFs current rates Residential 108 $ 47.00 $ 48.20 $ 50.40 Commercial 561 $ 236.40 $ 242.60 $ 250.00 and industrial Small volume 5,878 $ 1,389.80 $ 1,426.40 $ 1,511.40 interruptible Large volume 25,000 $10,357.00 $10,629.00 $10,677.00 firm Large volume 100,000 $22,128.00 $22,710.00 $20,650.00 interr ptible The Commission will determine the amount of the final rate increase on or before May 3,1993. If the final approved rates are less than the interim rates, the difference will be refunded to the customer, with interest. The Department of Public Service will conduct an investigation of Minnegasco's books and records. A public hearing will be scheduled by the MPUC. Public notice of the hearing dates and locations will be published in local newspapers in Minnegasco's Minnesota service areas. (over) The proposed rate schedules, and a comparison of present and proposed rates, may be examined by the public during normal business hours at their nearest Minnegasco office, or at the Department of Public Service, 790 American Center Building, 160 East Kellogg Boulevard, St. Paul , MN. A public hearing will be scheduled by the Commission. Public notice of the hearing dates and locations will be published in local newspapers in Minnegasco's Minnesota service areas. Persons who wish to intervene or testify in this case should contact the Administrative Law Judge, Richard C. Luis, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, MN 55401, 612-349-2542. 5 HOLMES & GRAVEN CHARTERED JOHN M.LEFEYRE,IL Attorneys at Law dA Piikb¢ry Canter,Minneapolis.Minnesota 55402 ROMP J.1INDALL (612)337-9300 LAURA R.MOLLLT RO,AL A.AISOP BARBARA L Po¢lw0oo RONALD H.BATTY Psaimle(612)337-9310 JAWS M.STROMMEX STEPHEN1 BRL'L JAMES J.THOMSON.J1 B..DEAN LARRY M.WERT®A MARY G.DORMS BONNIE W¢RINS STEFANE N.GALEY GUT P.WINTER CORRIJAMES S. A.MINLMES WRITERS DIRECT DIAL DAVID L GRAVEN Itn9.1M0 DAVPAWS HOWES JOIN J. AISON OP COONS. JOHN R LARSON 337-9233 ROBERT C.CAR SON WELLINGTON H.LAW ROBERT L DAVIDSON Cions L WW1= MEMORANDUM TO: SRA Board, Alternates, and City Managers FROM: Jim Strommen, Holmes & Graven Cr J RE: Final US West Uniform Telephone Rates - Savings Calculation DATE: September 2, 1992 Introduction This is a "final" written report regarding the SRA's long and ultimately successful battle to eliminate the tiered rates for US West telephone service in the metro area. Information in this memo is definitive in that it is derived from finally agreed upon US West uniform rates scheduled to become effective November 1 . The collective revenue shift and savings to outer tier residents and businesses resulting from the new uniform rates is significant. Uniform rates are guaranteed as a rate design for at least three years. Coupled with an SRA spearheaded reduction in tier ratios in 1984 , the net result of SRA efforts on this issue by 1995 will be millions of dollars of rate savings to tier II, III, and IV customers. The final SRA accomplishment was completed in the context of US West' s uniform rate filing of July 2, 1992 . With the able assis- tance of our expert, Basil Copeland of CRC, the SRA engineered a Commission-approved settlement with US West on a revised schedule of rates, saving tier I, II, III, and IV residential customers an additional annual $541,201 (explained below) . Total annual savings to tier II, III, and IV residents and businesses beginning Novem- ber 1 will be approximately $3,270, 100 ($2,005,269, residential; $1,264,831, business) . Since US West has no data on customers per municipality, it is impossible to measure the savings per SRA member. Recent Events - As you know, on December 20, 1991 the Commission issued an order finding the tiered rates without basis in cost or policy. The Commission ordered uniform rates to be implemented on a revenue- neutral basis to US West, meaning that tier I rates would rise modestly, tier II rates would stay the same or decrease slightly, and tier III and IV rates would drop significantly. The Attorney General (and SRA) favored reduction to tier I rates. The Commis- sion did not adopt that position and delayed (unnecessarily) US West' s filing to July 2, 1992. US West's July 2 filing included a surprise increase of $.03 per month for tier II residential customers . The Department of Public Service ( "DPS" ) endorsed the rate schedule and the rates undoubted- ly would have been accepted by the Commission. Our expert reviewed the schedule of rates and noted a favoring of business rates over residential, and a deviation from the Commission ordered 3-to-1 ratio for business-to-residential rates. The SRA then submitted an alternative schedule of rates to the Commission. The SRA alterna- tive rates reduced tier II residential rates and reduced the increase to tier I residential and the largest class of business customers. The SRA proposal shifted the revenue ratios back to 3- to-1 and derived additional revenue from certain business classes, without raising tier II rates. After review, the DPS and Attorney General endorsed the SRA proposal. Having reviewed the SRA proposal, US West prepared a revised schedule superseding its original filing. The revised schedule followed and refined the SRA proposal. On August 27, the SRA, US West, DPS, Attorney General, and Commission staff met and settled on the US West revised schedule. It is very acceptable to SRA interests . All tier II rates are reduced and tier i residen- tial and single line business increases are lowered. US West has agreed to implement these rates as soon as possible. Due to procedural requirements and appeal periods, the earliest date for implementation is November 1. Even this date could be jeopardized if a party commenced an eleventh hour appeal when the rates are made public. The Commission staff has represented that it will make every attempt to obtain the required consent of the Commission to this stipulation in time for a November 1 effective date. Notwithstanding the stipulation of all interested parties, the SRA had to lobby the Commission staff and US West considerably to get an implementation date as "early" as November 1 . Schedule of Uniform Rates and Savings New Rates (monthly) Business Residential (single line) (single party) Tier I Present 42 .48 14 . 16 New 43.75 (3% inc. ) 14 .58 (3% inc. ) Tier II Present 43. 83 14 .61 New 43.75 ( .2% red. ) 14.58 ( .2% red. ) Tier III Present 46 . 98 15.66 New 43.75 (6 .8% red. ) 14.58 (6.8% red. ) Tier IV Present 53 .67 17 .89 New 43.75 ( 18 .5% red. ) 14.58 (18.5% red. ) 2 Annual Savings ( Increase) by Tier Business Residential (all classes) (single party) Tier I $( 1,800,367) $( 1,466,998) * Tier II 145,881 125,489** Tier III 858,821 1,244,419 Tier IV 260, 129 635,361 * $209,571 less increase than under US West original proposal . **$250,978 net savings from US West original proposal . If you have any questions regarding particular aspects of this change, please contact me. If you plan to disseminate any of the information regarding the original US West proposal and adjust- ments, please also contact me. Some of the specific information was derived from proprietary data. I would want to be advised if any of it were used publicly. 3 OFFICIAL PROCEEDINGS OF THE SHAKOPEE ACCESS CORPORATION REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 31, 1992 Chairman Bastyr called the meeting to order at 8:28 p.m. with members Anderson, Zeigler, Scannell and Bastyr present. Committee member Moonen was absent. Barry Stock, Assistant City Administrator; Bill Lepley, New Frontier Productions; Doug Hamilton, Public Access Studio Manager; and Mike Kazma, Amzak Cable, Midwest, Inc. Anderson/Zeigler moved to approve the minutes of the March 30, 1992 meeting as kept. Motion carried unanimously. Mr. Zeigler gave a brief Treasurer's Report. He noted that there was $16,325. 66 in the General Fund Account and $877.79 in the Lease/Rent Account. He noted that the Rent Account was larger than normal due to a recent payment by Amzak. Discussion ensued on a Studio Performance Agreement. Mr. Stock stated that at the last meeting discussion was held regarding the establishment of some new reporting guidelines for Mr. Lepley. Mr. Anderson stated that this item should be placed on a future agenda for discussion. Discussion ensued on the $500. 00 Eagle's contribution that was made to the City of Shakopee last year for Public Access Corporation use. Mr. Stock stated that he has not presented to City Council the necessary budget amendment that will be necessary to transfer the $500. 00 Eagle's contribution to the Access Corporation. He stated that he would attempt to have this item included on one of the upcoming Council agendas. Discussion ensued on the establishment of a grant program to assist persons who are incurring costs associated with developing programs for Public Access. Mr. Zeigler stated that at the present time there is not an official policy on this issue. Discussion ensued on whether or not an official policy was needed. It was the consensus of the Corporation that this item should be placed on the next agenda and that a simple policy be drafted that would notify users that are funds available for offsetting programming costs. Mr. Lepley gave a report on the studio operation. He stated that usage is up over last summer. Mr. Lepley gave the Corporation a breakdown on the number of editing hours versus actual programming hours. Chairman Bastyr questioned whether or not we could get a greater breakdown on who is actually doing the programming and who is doing the editing. Mr. Lepley stated that he could easily provide that information to the Access Corporation if they felt it was of interest. Mr. Anderson concurred and requested that Mr. Lepley begin to provide this information in the future. Discussion ensued on equipment issues. Mr. Lepley stated that much of the equipment that was approved in January has not ben ordered. Mr. Lepley listed the following equipment that has not been ordered but was approved at the January meeting. 1. ) SVHS play/recorder Official Proceedings of the August 31, 1992 Shakopee Access Corporation Page -2- deck for on air - Panasonic 7350 - $2,000. 00. 2. ) Field switcher (4 inputs) - $4,200. 00. Mr. Lepley noted that the field switcher that he is proposing at this time has 4 inputs as compared to previously discussed field switcher which had 2 inputs. Mr. Lepley also stated that the triple five studio cameras are in dire need of replacement. He suggested that the Commission approve a F-250 camera. He stated that this equipment was comparable to the last camera that was purchased. If this camera is purchased we will then have 2 high quality cameras that can be used for either field or studio use. The costs of the F-250 camera was $5,800. 00. Mr. Anderson stated that he felt it was important to have a good tripod for the new F-250. Mr. Lepley stated that a tripod could be acquired at a cost of around $300.00. Mr. Lepley went on to state that if we do have 2 high quality studio/field cameras that it would be important to have an intercom system for the camera operators and producers. The cost of an intercom system was $1, 200. 00. Finally, Mr. Lepley suggested that a camcorder be purchased to replace the one that was lost last year. Mr. Lepley stated that he did receive the money from the person who lost the camera as a result of the court case which equated to $750.00. Therefore, only approximately $500. 00 additional dollars were needed to acquire the replacement camcorder. Anderson/Zeigler moved to approve the following equipment purchases: 1. Panasonic 7350 play/recorder deck - $2, 000. 00. 2 . F-250 camera - $5, 800.00. 3. F-250 tripod - $300.00 4. Intercom system - $1,200.00. 5. Field switcher (Field inputs) - $4,200.00. 6. Camcorder - $500. 00. Motion carried unanimously. Commission Bastyr questioned whether or not the light skrims that were approved at the last meeting had been acquired. Mr. Lepley stated that they are having a difficult time finding replacement light skrims for the studio lights due to their age. Discussion ensued on the studio lease agreement. Mr. Stock stated that this past January the Access Corporation extended the lease with Mr. Lepley an additional 6 months. The lease now expires on September 30, 1992. Mr. Stock stated that the reason for the 6 month extension was that there was still some debate as to whether or not the Public Access Studio should be relocated. Anderson/Scannell moved to approve extending the lease agreement with New Frontier Productions until December 31, 1992 . Motion carried unanimously. Official Proceedings of the August 31, 1992 Shakopee Access Corporation Page -3- Zeigler/Scannell moved to adjourn the meeting at 9: 30 p.m. Motion carried unanimously. Barry A. Stock Recording Secretary 44- LAW OFFICES FRYBERGER, BUCHANAN, SMITH Sc FREDERICK R BRUCE BUCHANAN' A PROFESSIONAL ASSOCIATION FREDERICKNICK SMITH' HAROLD A 700 LONSDALE BUILDING DEXTER LARSEN' 302 WEST SUPERIOR STREET DAVID ,o_n. COUNSELDULUTH, MINNESOTA 55802-1863 (ala)722'0001 SHAWN M mew 371 FAX(2la)722.9SeB SR s 0} ANNE LEWIS TOREN w.SANFORD(19311970) MICHAEL COWLES 'ALSO LICENSED MARTHA IA MARKUSEN' DANIEL MADDY STEPHANIE A BALL MARY FRANCES SKALA A FLORIDA WILLIAM A VINCENT KEVIN 7 WALL! September 2, 1992 The Honorable Gary Laurent Gloria Vierling, Councilwoman Robert Sweeney, Councilman Michael Beard, Councilman City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Sewer Back-up/605 East Third Avenue - Mr. and Mrs. Urban Klein Ladies and Gentlemen: On behalf of the Kleins we wish to thank you for passing a motion to settle the Klein' s sewage back-up matter for the costs incurred by the Kleins from the property line to the sewer line. We will submit a breakdown of the costs for reimbursement shortly hereafter. We are looking forward to a prompt closure of this matter . If you you have any questions, please do not hesitate to contact me. truly, � Thomas D. DeMatteo TDD/mlc cc: Dennis Kraft Karen Marty Mr. and Mrs. Urban Klein David D. Klein William J. Klein A% 4, . . _ ___ .... LI momI 3490 Lexington Avenue North St Paul,MN 55126 League of Minnesota Cities (612)490-5600 September 1, 1992 TO: Mayors, Managers and Clerks FROM: Donald A. Slater, Executive Direct SUBJECT: League of Minnesota Cities FY 92/93 Membership Dues At the August 26th Board of Directors' meeting, the board adopted the 1992/93 League budget . Following the recommendation of the Budget Committee and in consideration of the fiscal difficulties that cities are currently facing, the adopted budget reflects no change in the dues schedule from the previous year. In addition, the Board also opted to fund the Municipal Amicus Program from general dues rather than a separate dues schedule. The Board felt that this program which offers support to cities involved in litigation provides benefits that have significant statewide benefit to all cities. If you have any questions or concerns, please feel free to contact me or Helen Schendel at the League offices, (612) 490-5600 . Thank you for your continued support. Population SHAKOPEE 11966 3490 Lexington Avenue North LEAGUE OF MINNESOTA CITIES Saint Paul,Minnesota 55126-8044 Organized 1913 Dues Schedule Effective during 1992-93 Cf17ES WITH POPULATION OF: 249 OR LESS $214 250-4,999 $72 PLUS 56.38 CENTS PER CAPITA 5,000-9,999 $590 PLUS 46.05 CENTS PER CAPITA 10,000-19,999 $1,273 PLUS 39.22 CENTS PER CAPITA 20,000-49,999 $4,352 PLUS 23.82 CENTS PER CAPITA 50,000-299,999 $12,887 PLUS 6.76 CENTS PER CAPITA 300,000 AND OVER $21,722 PLUS 3.82 CENTS PER CAPITA (This schedule adopted June 13, 1991. Total rounded to nearest dollar.) For membership dues in the League of Minnesota Cities for the year beginning September I,1992 Annual dues for membership in the League of Minnesota Cities includes $5966 subscription at$14 each to MINNESOTA CITIES.See reverse. Payment from Public Funds Authorized by Won.Slats.,Sec.46538 I declare under the penalties of law that the foregoing account is just and correct and that no part of it has been paid. Onivcic !1& Dated:September 1,1992 Executive Director,League of Minnesota Cities Membership Services Legislative program Conferences Insurance The League represents all cities at the stare The League holds an annual conference for Through the League of Minnesota Cities Legislature and before state agencies and city officials to discuss concerns and elect Insurance Trust(LMCI1).the League offers depastments. officers. workers'compensation,property/casualty,group The legislative program includes develop- Regional meetings in the fall give city health,and group dental coverage to member meat of policies on issues which affect local officials a chance to exchange ideas and cities.Premiums are in addition to League dues. government. information. Each mentor city receives the weekly An annual legislative action conference,for 4M fund Cities Bulletin during legislative sessions.The discussing legislation,takes place during each The League-sponsored Minnesota Municipal Bulletin keeps members informed of legislative legislative session. Money Market Fund ('the 4M Fund") offers a activities. A policy adoption meeting takes place in shod-term investment alternative to cities.II also LMC is a member of the National League November. provides a fixed rate investment alternative. of Cities,which represents the local view in Congress. Training CLEAR Research and analysis on issues such as the LMC participates in the Government The City Lawyer Exchange Aid and Reposi- property tax are also part of the legislative Training Service,which provides training tory is a subscription service offered to city allot- program. program for city officials. neys providing legal research and assistance,and a The League sponsors special conferences brief bank to tack municipal law in Minnesota Information services and seminars oo specific problem and issues. coma The League general counsel and research staff answer local government questions. Field service MAP Information memos on state and federal A field representative visits member cities The Municipal Amicus Program offers sup- laws or applicable technology are available. on a continuing basis to assist with local port to cities that are involved in litigation that may The League has use of an extensive library problems,and to collect materials to share with have significant statewide impact on Minnesota's of ordinances,city charters,and literature on other cities. cities.Based on 1992 board action,it is now mp- local government ported by general League dues. LMC updates the Handbook for Minnesota Directory of city officials Cities each year.It is a comprehensive and The Directory of Minnesota City Officials Personnel project authoritative work,covering all aspects of city is an annual list of elected officials and The League prepares salary surveys of non- government- department beads in every city.It includes metro cities.Metro surveys are also available.For population,legislative and congressional an additional charge,the League provides assis- Magazine districts,form of government,council meeting tance with personnel matters. Merrier-city officials receive Minnesota day,and city ball phone numbers. Cities,a monthly publication for and about cities, which contains articles on issues and problems of concern to city officials. Annual dues for membership in the League of Minnesota Cities include subscriptions to Minnesota Cities magazine at$14 per subscription,according to the following schedule: Population group Number of subscriptions 249 or less 6 250-4,999 11 5,000-9,999 15 10,000- 19,999 20 20,000-49,999 25 50,000-299,999 30 300,000 or more 35 For further information on subscriptions contact Jean Mehle Goad or Laurie Audette at the League office, (612)490-5600. MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: September 10, 1992 RE: Absence on September 15, 1992 I will be absent from the September 15, 1992, City Council meeting. From Sunday, September 13, through Wednesday, September 16, I will be at the annual NIMLO conference. NIMLO stands for National Institute of Municipal Law Officers. It is somewhat similar to the League of Minnesota Cities, and is far and away the best city attorney organization in existence. Materials I have received from past conferences were excellent and apply directly to problems we are facing here. The presentations are by some of the best attorneys in various municipal law fields. The conference also is a good opportunity to network and learn how other cities are handling problems similar to those we face. During my absence I have arranged for George Hoff to cover any legal problems which might arise. Of course I hope there are none! George has indicated that he charges cities $100 an hour, his associates' time is charged at $85 an hour, and lower rates are sometimes possible if others do some of the work. George has been handling the appeal and stages two and three of our NBZ case, and is doing a fine job. His telephone number is 941-9220. Please coordinate any calls through Dennis Kraft. Rumor has reached me that some citizens are questioning this conference. In order to keep you well informed, I have set forth some additional information about it below. The current City policy allows employees to attend a major national conference once every other year. I did not go to one last year. NIMLO has the best conferences, by far. This year their conference is being held in Edmonton, Alberta, Canada. Although personally I would be happier if the conference were in the Twin Cities and I could stay at home (I do not like to travel away from my family) , I have no control over the location of the conference. A couple of years ago NIMLO decided that they wanted to include Canadian city attorneys in the organization, and so they must back that up by having a meeting there. This is the first one being held in Canada. I know nothing about Edmonton other than what I have gleaned from the conference materials, and therefore I am staying in one of the three motels offering reduced rates for the conference. I am staying in the cheapest of the three. By staying in a motel related to the conference, I avoid the expense of renting a car. I will be back at work on Thursday, September 17. Signed pAP Karen Marty, Ci 'ttorney C// KEM:bjm (9MEMO] cc: Dennis Kraft _Z_ 11 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CABLE COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 31, 1992 Chairman Anderson called the meeting to order at 7: 10 p.m. with Commissioners Moonen, Bastyr, Anderson and Scannell present. Commission Harrison was absent. Barry A. Stock, Assistant City Administrator; Bill Lepley, New Frontier Productions; Doug Hamilton, Studio Manager; and Mike Kazma, Amzak Cable Midwest, Inc. , were also present. Bastyr/Moonen moved to approve the minutes of the March 30, 1992 meeting as kept. Motion carried unanimously. Chairman Anderson stated that Commissioner Harrison has been sent a letter regarding his status on the Cable Commission. Mr. Stock stated that he has not heard a response from Mr. Harrison. Mr. Stock stated that he felt it would be appropriate to advertise the vacant Cable Commission position in conjunction with the other Board and Commissions opening scheduled for January. Mr. Stock noted that on August 11, 1992 he received a correspondence from Mr. Mike Kazma, Vice President, Amzak Cable, Midwest, Inc. Mr. Kazma was proposing to consolidate the Shakopee headend with the Chaska headend. Mr. Stock stated that upon review of the Cable Franchise Ordinance he felt that Mr. Kazma's request would require a Cable Franchise Ordinance Amendment. Mr. Stock stated that the headend is the most critical part of our cable television system. He stated that without the headend Shakopee would not be able to operate as an independent free standing cable operation. Mr. Stock shared with the Commission concerns that he had regarding the possible closure of the Shakopee headend facility. Mr. Stock questioned what control we would have over the Cable Company in the event that our headend facility was eliminated. Mr. Stock stated that he also questioned whether or not a Joint Powers Agreement between the City of Shakopee and the City of Chaska were necessary to facilitate Amzak's request. Mr. Kazma stated that he has been in contact with the City of Chaska and they are not opposed to combining headend facilities. Mr. Kazma stated that officials from the City of Chaska stated that they would not have a problem entering into a Joint Powers Agreement with the City of Shakopee. Mr. Kazma went on to explain the benefits to the City of Shakopee of combining the headend operations. He stated that Amzak is proposing to run a fiber optic line from the Chaska headend to a central point in Shakopee. The fiber optic line would be able to accommodate the channels on the institutional network. Mr. Kazma went on to state that the fiber optic line would certainly improve picture quality on the public access channels and some of the other channels that they are currently experiencing a problem with. Mr. Kazma also stated that Official Minutes of the August 31, 1992 Shakopee Cable Commission Page -2- the fiber optic would allow them to increase channel capacity so that the weather channel could be reactivated. Commissioner Anderson questioned what would happen to the remaining equipment at the Shakopee headend facility. Mr. Kazma stated that another significant advantage to the Cable Company was that by combining headend facilities they could significantly cut down in the maintenance costs associated with the Shakopee headend facility. Essentially, they would only have to maintain one headend facility in Chaska which would obviously reduce staff time and maintenance costs that they presently deal with. Mr. Kazma stated that much of the equipment at the Shakopee headend would be eliminated including the satellite dishes. Mr. Moonen stated that he did not have a problem with the concept being proposed by Amzak. However, he was concerned about protecting the City of Shakopee in the event of a future sale of the cable system. He had many of the same concerns that were stated by Mr. Stock earlier. He stated that without the headend facility Shakopee would not be able to be sold as a free standing cable system. Mr. Moonen stated that he felt that the appropriate legal counsel would have to be consulted to draft the appropriate ordinance amendment to protect the City of Shakopee so that the City could retain independent control over the cable system in Shakopee. Mr. Moonen also stated that legal counsel should also be retained to draft the necessary Joint Powers Agreement if one is in fact necessary. Mr. Stock stated that the Cable Franchise Ordinance provides the City with the option to conduct periodic reviews and evaluations of the system. The Franchise Ordinance also specifies that the City may require at its sole direction, system performance evaluations sessions at any time during the term of the franchise or as required by Federal or State law. The City also has the right to conduct such evaluations at five year intervals. Section 8. 12, Sub-paragraph D of the Cable Franchise Ordinance also specifies that, "to assist and review an evaluation, the City may enlist an independent consultant to conduct an analysis of the system and its performance and to submit a report of such analysis to the City. All consultant fees and costs shall be paid by grantee. " Mr. Stock stated that if the City finds it desirous to obtain outside legal counsel to assist us in analyzing the impact of this issue on the City of Shakopee that it would be appropriate to have Amzak Cable accept the cost of said consultant. Mr. Kazma agreed to reimburse the City for costs incurred in having this issue analyzed and drafting any necessary legal documents that are deemed appropriate by the City. Moonan/Bastyr moved to request staff to obtain price quotations from independent consultant and/or legal counsel to conduct an analysis of Amzak Cable, Midwest, Inc. ' s proposal to combine Official Minutes of the August 31, 1992 Shakopee Cable Commission Page -3- headend facilities with the City of Chaska. Motion carried unanimously. Discussion ensued on the Council Chambers system design and cable budget. Mr. Stock stated that the construction manager would like the City to have a consultant on board in a timely manner to install the Council audio/video system. Mr. Stock stated that he received cost quotations from six different cable vendors. The quotations ranged from $1, 950.00 to $17, 000.00. Mr. Stock stated that he felt it would be appropriate to select one of the consultants to design the system and prepare bid specifications. Discussion ensued. Comm. Bastyr questioned whether or not it would be a conflict of interest for Mr. Lepley to complete the Council Chambers system design and bid specifications. Mr. Stock stated that Mr. Lepley is not a member of the Access Corporation or Cable Commission. Therefore, a conflict of interest does not exist. Mr. Moonen stated that Mr. Lepley is familiar with the City's existing system and what is being proposed for the new Council Chambers. Mr. Moonen stated that he felt it would be appropriate to utilize the services of Mr. Lepley and Southwest Audio Visual. Mr. Anderson questioned whether or not Mr. Lepley had the experience to prepare the necessary bid specifications. Mr. Lepley stated that he was confident that he could complete the job. Mr. Anderson stated that it was important that the bid specifications are drafted in such a fashion so that a variety of vendors can bid on the system. Bastyr/Scannell moved to recommend to City Council that the appropriate City officials be authorized to enter into an agreement with Southwest Audio Visual to complete the Council Chambers audio/video system design and bid specification. Discussion ensued on a funding source for the consultant services. Mr. Stock stated that the amount of dollars budgeted within the cable program is approximately $12 ,000.00 less than projected franchise fees. Therefore, a difference of approximately $12, 000.00 exists between what was budgeted and what will actually be budgeted in 1992. Mr. Stock stated that he felt it would be appropriate to recommend to City Council that the Administration Budget be amended increasing franchise fee revenues by $12 , 000.00 and the professional services line item of the administration division by a corresponding amount. Mr. Stock stated that he felt it would be appropriate to request that $2, 000. 00 of this amount be allocated for system design and the remaining $10,000. 00 allocated for Public Access Corporation use. Mr. Moonen stated that he felt it was important that the $10,000.00 of excess franchise fee dollars be allocated to the Public Access Corporation for their equipment needs. Mr. Moonen stated that he felt the initial acquisition of the Council Chamber audio visual equipment should come from the City's Capital Improvement Fund and Official Minutes of the August 31, 1992 Shakopee Cable Commission Page -4- be included as an overall City Hall project cost. Mr. Anderson suggested that perhaps Council would be more interested in allocating the additional $10, 000.00 to the Public Access Corporation if the Access Corporation agreed to maintain and operate the cable equipment and audio/video system int he new Council Chambers. Mr. Anderson stated that the Cable Commission could then request that in the future 90% of the available franchise fee dollars be allocated to the Public Access Corporation for access and government access operation and equipment needs. Discussion ensued. Bastyr/Scannell moved to recommend that the 1992 Cable Budget be amended increasing the program amount by $12,000.00 with $2,000.00 to be allocated for system design consultant costs and $10,000.00 allocated for Public Access Corporation use with the understanding that the Access Corporation would agree to take over the operation and maintenance control of the equipment within the City Hall Council Chambers providing that the City agrees to utilize 90% of future franchise fees for Public Access Corporation use. Motion carried unanimously. Commissioner Anderson stated that he could attend the Council meeting tomorrow night to answer questions regarding the Cable Commission proposal. Scannell/Bastyr moved to adjourn the meeting at 8: 28 p.m. Motion carried unanimously. Barry A. Stock Recording Secretary # I5 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1993 Budget (Informational) DATE: September 11, 1992 A survey of nine other LOGIS cities revealed the below listed information that Council had inquired about. City 1993 levy increase Fund balance level Crystal 108 6 mo. cash flow Apple Valley 1% 20% Maple Grove 11% 20% Minnetonka 3.5% 45% +/ Eagan 11% 30 - 35% - will lower Hutchinson 9% 25% Brooklyn Center 8% 55% St. Louis Park -0-8 20-25% (cash shortages) Golden Valley 7.4% 40% Shakopee 27% 25% UUWWWWWWWWWWWW • WWWWVWWWW • W WUWWWWWWWWWWW WWW WW NI N NN rr•r-�-r-rr000 • Wa WWWNNNN 1-000 • NON- nzca acro-Wamrt-00vm • OrvWN>WNn • r000v0UaCNanvowm-4 * UNr 00 N o N39mmmmonaTTD< r• onm0m222r r mo3UmcEz-Wnwro<nn ti rmo C n mvczmmrnmrzzon 2 AoOHti0000 ti oNtirmnmrCNmvnf➢D > 0Nm 20 ti mownQ r>rw>ooXr m ➢OWDDrr30 O NoQAT£r0C.+OmOWDWW J( ow= « J r rnL>rn-.nm2 r 2ANtiy.•In> T n nmfrr23r➢ACrnrr T On. . < N 0' DZr!' A ymrTTn0Ur 2 • r. 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N 0o A m m A n 0 0 0 00 a 00000600 0 c m - o 0o m (00000woo 0 0 -+ o > CO a m o m uo o Aw D ooma o 0 m ON NOVO a 0 00 O m0000aoo • 0 00 CO r0000-.100 0 0 W 0 0 0 r r ll r III 11111 m 0 N a m a s r., 0) m m A 0 sOFFI # is-- OFFICIAL CIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota September 3, 1992 MEMBERS PRESENT: Spurrier, Kelly, Joos, Christensen, Madigan, Mars MEMBERS ABSENT : Zak STAFF PRESENT Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Jane VanMaldeghem, Recording Secretary I. ROLL CALL Chrmn. 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 AUGUST 6, 1992, MEETING MINUTES The meeting minutes were approved as presented with Comm. Christensen abstaining due to her absence at that meeting. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: SIDE YARD VARIANCE/CLEMENS Chrmn. Mars opened the public hearing to consider a variance to the side yard setback at 4751 Eagle Creek Blvd. in order to build an addition onto the garage. The Assistant Planner stated that the applicant, Keith John Clemens, is requesting a 13-foot, 5-inch variance from the 20- foot side yard setback within the Shoreland Zoning District. The existing home and attached garage was constructed with a 9 foot, 8 inch side yard setback from the eastern lot line. Due to the orientation of the structure on the lot, the proposed addition would cause the structure to encroach further into the 20 foot side yard setback along the eastern lot line. Approval of this variance would provide approximately 6 feet, 7 inches of setback between the proposed structure and the lot line. Minutes of the Page - 2 Board of Adjustment and Appeals September 3, 1992 Keith Clemens stated that this is his second request for a variance. He added that they have reworked the layout since the last time the Board of Adjustments and Appeals heard his variance request, and this proposal is the best he can do with the layout of his parcel. Chrmn. Mars asked for comments from the audience. There were none. Motion: Joos/Christensen moved to close the public hearing. Vote: Motion carried unanimously. Motion: Joos/Christensen offered Variance Resolution No. PC- 644, A Resolution Approving a 13-foot, 5-inch Variance to the Required 20-foot Minimum Side yard Setback in the Shoreland Zoning District and moved for its adoption. Comm. Spurrier requested that the measurement be noted in the resolution in a decimal measurement rather than in feet and inches. Vote: Motion carried unanimously. Chrmn. Mars informed the audience of the 7-day appeal period whereby the decision of the Board of Adjustments and Appeals may be appealed to the City Council. VI. OTHER BUSINESS Comm. Joos commented that whenever the Board of Adjustments and Appeals grants a variance, the Board should be sure that all of the criteria, as set forth in City Code, are met. VII. ADJOURNMENT The Board of Adjustments and Appeals adjourned at 7:40 p.m. OFFICIAL PROCEEDINGS OF THE PLANNING COMMISSION Regular Session Shakopee, Minnesota September 3 , 1992 MEMBERS PRESENT: Spurrier, Joos, Mars, Kelly, Christensen, Madigan MEMBERS ABSENT : Zak STAFF PRESENT Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Dave Hutton, Public Works Director Jane VanMaldeghem, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 7:40 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The Agenda was approved as presented III. APPROVAL OF THE AUGUST 6, 1992, MEETING MINUTES The minutes were approved as presented with Comm. Christensen abstaining due to her absence at this meeting. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING (CONT. ) : CUP AMENDMENT/NBZ ENTERPRISES, INC. Chrmn. Joos continued the public hearing to consider the amendment to Conditional Use Permit Resolution No. 376 for NBZ Mining to allow two propane tanks for heating on the property located south of County Road 16, west of County Road 83, and north of Valley View Road. The City Planner stated that the Court of Appeals has made a decision on the applicant's appeal and has determined that the ready mix plant is not permitted under the conditional use permit and the mineral extraction and land rehabilitation permit. He added that the Court reinstated NBZ 's existing conditional use permit allowing the mining operations to continue. The City Planner stated that the ready mix plant has been taken down, but needs to be removed from the site. Minutes of the Page - 2 Shakopee Planning Commission September 3,1992 The City Planner stated that the applicant is requesting to amend their conditional use permit in order to allow for the storage of two propane tanks, which are to be used solely for on-site heating purposes. Comm. Spurrier stated that it is important to emphasize that when the propane is used, it is used only for heating purposes. Jack Perry, Briggs & Morgan/representative for NBZ, stated that this decision of the Court will be appealed. Mr. Perry stated that the ready mix equipment is still on site, but is in the process of being removed. He stated they are not requesting any additional use to the property and their request for the propane tanks is what the applicant had thought to be part of the original conditional use permit. Mr. Perry stated that he doesn't believe the City wants to start issuing permits to every site having propane heating. Mr. Perry submitted data to the Planning Commission to confirm that they are only using the propane for heating purposes. Mr. Perry stated he hopes the Planning Commission doesn't get too specific in that every time NBZ moves something, they are required to come to the City for a conditional use permit amendment. Chrmn. Joos asked for comments from the audience. Beverly Koehnen questioned if there are any underground tanks and questioned the purpose of the large tank laying behind the weight station. Mr. Perry stated there are no underground tanks on site, and the large tank in question is the water reservoir that is part of the ready mix operation, which is to be removed. Ms. Koehnen questioned if this water reservoir tank is round, rusty, and red. Mr. Perry stated that he assumes she is questioning the water tank that is as she has described and which will be removed; and that she is not questioning the propane tanks. Chrmn. Joos asked for further comments from the audience. Ms. Koehnen stated that the Planning Commission needs to be very specific if they grant this amendment, and requested that Minutes of the Page - 3 Shakopee Planning Commission September 3, 1992 the size of these tanks be noted in any approved conditional use permit amendment. Ms. Koehnen gave the Planning Commission information from the PCA relative to propane tanks and the guidelines that should be followed for on site propane tanks. (This information has been placed on file. ) The City Planner stated that the PCA requirements are very new, but he believes these can be incorporated with the requirements from the State Fire Marshall. Ms. Koehnen questioned if City staff was really aware of the contents of the non-propane tank on the site. The City Planner stated that the applicant has identified this tank as a water reservoir that is to be removed with the removal of the rest of the ready mix operational equipment. Motion: Mars/Madigan moved to close the public hearing. Vote: Motion carried unanimously. Motion: Mars/Spurrier moved to approve the proposed amendment to Conditional Use Permit Resolution No. 376, allowing for the on-site storage of two propane tanks as and stated as follows in revised Condition No. 12, "There shall be no on-site storage of fuel and no use or storage of explosives except for two propane tanks; one 325-gallon tank located next to scale building and one 100-pound tank located next to the maintenance/electrical building. The propane shall be used to heat these two buildings only. The propane tanks must be installed and maintained in accordance with State Fire Marshall Rules (Chapter 7510.3100 - 7510.3280. ) Comm. Kelly questioned if City staff had heard any comments from J. Kenneth Hutt. The Asst Planner responded that she had not had any contact with him. Vote: Motion carried unanimously. VI. PUBLIC HEARING: PLANNED UNIT DEVELOPMENT/LEROY MENU Chrmn. Joos opened the public hearing to consider a Planned Unit Development consisting of two, three, and four unit townhomes to be located south of the Clifton Townhomes. The City Planner stated that this proposed PUD covers 9 . 91 acres and is located near Dakota and Minnesota Streets, south of 4th Avenue, near the abandoned railroad line. He stated that the applicant is requesting approval of this PUD to Minutes of the Page - 4 Shakopee Planning Commission September 3, 1992 construct 17 structures, each containing two, three, or four dwelling units for a total of 56 proposed dwelling units. The City Planner described the uses within a PUD. He added that this is a complex project where various plans need to be reviewed and is because of this, staff is recommending the Planning Commission continue the public hearing. Comm. Christensen stated that she believes that any discussion or action on this request should be done after the City Council has acted on the rezoning request, which is a part of this PUD proposal. Discussion was held on private streets vs. public streets and allowable parking areas permitted on both types of streets. Discussion was held on the proposed connection of Dakota Street from 4th Avenue to 7th Avenue. The City Engineer stated that this plat is impossible to serve without a through street, either Minnesota or Dakota. Discussion was held on traffic patterns and the potential traffic volume for this area. The City Planner noted four alternatives for developing the future local street pattern in this area: 1) Extend both Minnesota and Dakota Streets from 4th Avenue to 7th Avenue; 2) Extend Dakota Street only and retain the cul-de-sac street for Minnesota Street; 3) Extend Minnesota Street only and require the developer to install a cul-de-sac on Dakota Street; or 4) Do not extend either Minnesota or Dakota Street through from 4th Avenue to 7th Avenue. Discussion was held on the future street pattern alternatives for this area, as noted by the City Planner. Comm. Christensen "begged" the Planning Commission to consider old Shakopee and the preservation of the older area when considering developing these streets for this PUD. Leroy Menke, 1185 Shumway, stated that this PUD is needed because he is taking an area with little taxes and making it into an area that will be more tax paying. He discussed the proposed parking areas within the PUD. Discussion was held on the rezoning request and the recommendation of approval for rezoning a portion of this proposed PUD. Chrmn. Joos asked for comments from the audience. Minutes or the Page - 5 Shakopee Planning Commission September 3,1992 Don Tech, 909 East 7th, stated his concerns with the water runoff in this area. He presented water flow data and water runoff patterns for this area. He stated that it appears that with this development a holding pond will be created. Mr. Tech suggested installing a storm sewer if this PUD is approved. He asked that no additional holding ponds be created and asked the purpose of holding ponds. Mr. Tech questioned the hike 'n bike trail that is to go down the railroad tracks. He stated that as this PUD proposes, the hike 'n bike trail does not maintain alignment. He questioned why the hike 'n bike was being broken off and not made continuous. The City Engineer responded stating that the drainage plan has not been approved and this is one of the reasons staff is recommending the public hearing be continued. The City Engineer stated that ponding is now required by the state to reduce the sediments that flow into the river. Mr. Tech stated that ponding doesn't have to be done in someone's back yard. Tony Gren, 905 East 7th, stated his agreement with pushing through Dakota Street from 4th Avenue to 7th Avenue. Chuck Noterman, 1015 Eastview Circle, stated that with a significant amount of rainfall, there is a problem with the water drainage and added that with more buildings in the area, this problem could be aggravated. Chrmn. Joos asked for further comments from the audience. There were none. Comm. Spurrier questioned why the option of looping Dakota Street to Minnesota Street had not been pursued with the developer. Discussion was held. Comm. Spurrier questioned why the developer was "steered" away from this looping idea when this was his original proposal. The City Planner responded stating this was to promote the grid system. He stated this project has proceeded with various comments from many different individuals and what is being presented here is a concept plan. Chrmn. Joos asked for additional comments from the audience or from the Planning Commission. There were none. Motion: Mars/Madigan moved to continue the public hearing Minutes of the Page - 6 Shakopee Planning Commission September 3, 1992 for the application for approval of the preliminary development plan for Milwaukee Manor until the October meeting. Vote: Motion carried unanimously. The Planning Commission recessed at 9: 30 p.m. The Planning Commission reconvened at 9:35 p.m. VII. VACATION: PORTION OF MINNESOTA STREET NORTH OF 7TH AVENUE Motion: Christensen/Spurrier moved to table the consideration of the vacation of a portion of Minnesota Street north of the alley located north of 7th Avenue to the October Planning Commission meeting. Vote: Motion carried unanimously. VIII.PUBLIC HEARING: CUP RENEWAL & AMENDMENT/MODEL STONE CO. Chrmn. Joos opened the public hearing to consider the renewal and amendment of a conditional use permit for operating a concrete and ready mix plant with a structure in excess of 45 feet in height. The Assistant Planner stated that the applicant, Model Stone Company, is requesting renewal of Conditional Use Permit Resolution No. 576 and an amendment to allow structures in excess of 45 feet in height. Discussion was held on the conditions set forth as recommended by City staff, particularly on the use of the pit. Greg Pryne, 4208 Queen Avenue So. , stated they have no plans to dump anything into the pit but a solution might be to pond and fill this pit in if the Planning Commission had concerns with what might go into it. He stated they will be getting rules from the state to which they will have to comply. Chrmn. Joos asked for comments from the audience. There were none. Motion: Madigan/Spurrier moved to close the public hearing. Vote: Motion carried unanimously. Motion: Christensen/Spurrier moved to recommend approval of the application for renewal of both Conditional Use Permit Resolution No. 576 and Amendment No. 1, and recommend approval of Amendment No. 2 , allowing a structure in excess of 45 feet Minutes of the Page - 7 Shakopee Planning Commission September 3, 1992 in height, subject to the following conditions: 1. Annual review of the conditional use permit and its amendments, with renewal of the permit every three years. 2 . All parking and loading to be done off street. 3. The washing and cleaning of the trucks to be done so as to prohibit spill over into the pit. 4 . Access to the site shall be from the northern frontage road. There shall be no easterly access. 5. The applicant's activities shall be confined to those areas described in the site plan attached to Conditional Use Permit Resolution No. 576. 6. Prior to the release of the Certificate of Occupancy for the proposed building, the property owner shall install a standard water service line and connect with the City's sanitary sewer system. Use of the fire hydrant for water service shall be discontinued prior to the release of the Certificate of Occupancy. 7 . The silo storage structure shall be limited to 70 feet in height. 8. If complaints to City staff warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. Vote: Motion carried unanimously. IX. FINAL PLAT: MAPLE TRAILS ESTATES 1ST ADDITION The Assistant City Planner stated that final plat application has been received for Maple Trails Estates 1st Addition. The proposed subdivision is to be located east of County Road 17, across from Timber Trails Addition. Gary Laurent, Laurent Builders, was present for discussion with the Planning Commission. Motion: Spurrier/Christensen moved to recommend approval of the final plat for Maple Trails Estates 1st Addition, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developer' s Agreement for construction of required improvements: Minutes of the Rage - 8 Shakopee Planning Commission September 3, 1992 A. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. B. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C. Storm drainage systems shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. D. 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. 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 park dedication shall be required. G. No building permits will be issued for Outlots A, B, and C until these outlots have been replatted. H. Following the construction of Wood Duck Trail and Hohenstein Court within the 1st Addition and prior to the release of the Developer's Agreement and the Letter of Credit by the City, the private easement along Outlot A and Lot 1, Block 2 must be vacated and the existing driveway connection to County Road 17 removed. 3 . A variance to the Subdivision Regulations allowing two over-length cul-de-sac streets (2 , 588. 69 feet and 238. 19 feet) is granted to allow the construction of the proposed cul-de-sac streets in the 1st Addition. The applicant shall dedicate and construct Wood Duck Trail and Hohenstein Court prior to the release of any building permits within the plat in order to provide adequate access to the private easement within Outlot B for the exception parcel currently owned by Jim Sorenson and Lori Lesinski. 4. Development on Lot 1, Block 2 is limited to 80 Average Daily Traffic (ADT) . A traffic analysis, including daily and weekly peak volumes, must be approved by the City Engineer prior to any development on this lot. Minutes of thee 9 Shakopee Planning Commission September 3,1992 5. No direct access to County Road 17 will be permitted for any of the lots within the final plat, except for the 22. 34 acre parcel where the owner of the property resides. This parcel may continue to utilize the existing driveway. 6. Prior to the release of the building permits for each lot in Block 1, the developer shall verify that information required for the construction of septic systems within the 200-foot utility easement for Northern States Power Company has been submitted to them for their review and approval. 7. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 8. Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. 9. The applicant must provide on site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled prior to the release of building permits for each lot. 10. A separate Certificate of Exemption (Wetlands Conservation Act of 1991) shall be required for the 2nd and 3rd Additions prior to final plat approval by the City Council. 11. The proposed Stormwater Management Plan for this subdivision must be approved by the City Engineer prior to final plat approval by the City Council. 12. The proposed final plat is not labeled as the "1st Addition" . The applicant must submit a revised final plat which provides this revision. 13 . The scale provided on the final plat does not coincide with the scale of the final plat drawing. The applicant must submit a revised final plat correcting this discrepancy. 14. The City's certification block must be revised to delete the portion referring to review and approval by the Commissioner of Transportation. The applicant must submit a revised final plat deleting the portion referring to this review. 15. The applicant shall submit a revised final plat which Minutes of the Page -10 Shakopee Planning Commission September 3,1992 deletes the creek shown on Outlot C. When Outlot C is replatted, an easement for this creek shall be provided on the final plat. 16. Adequate turnaround facilities for all temporary cul-de- sac streets must be constructed. The applicant shall submit a revised final plat which dedicates adequate rights-of-way or easements for the turnarounds. 17. Scott County Entrance Permit must be obtained from the Scott County Highway Department prior to approval of the final plat by the City Council Vote: Motion carried unanimously. X. PUBLIC HEARING: REZONING REQUEST I-1 TO I-2/UNIVERSAL FOREST PRODUCTS, INC. Chrm. Joos opened the public hearing to consider the rezoning of 16.9 acres at 1570 East Highway 101 from I-1 to I-2. The Assistant City Planner stated that a request for rezoning has been received from Matthew Missad, of the Universal Companies, Inc. She stated that the applicant is requesting that the City rezone 16.9 acres of land currently being used for Universal Forest Products, Inc. in order for the applicants to construct and operate a wood preservation facility at the site. The Assistant City Planner stated that the subject site is designated for Light Industrial land uses in the adopted Comprehensive Plan and in the draft 1990 Comprehensive Plan. The land use goals of the draft 1990 Comprehensive Plan do not support this rezoning request. Rezoning this property to Heavy Industrial could be detrimental to the existing residential development to the east, and to the future residential uses to the south; and the proposed rezoning would allow heavy industrial uses adjacent to an area designated for multi-family development in the Comprehensive Plan. The Assistant City Planner stated that the association for the Shakopee Village Townhomes, located directly west of the subject site, is opposing the rezoning request. She stated that staff is recommending that the Planning Commission recommend to the City Council denial of the application to rezone the subject site from I-1 to 1-2, because the criteria required for amendments to the zoning ordinance do not exist, and the rezoning of the subject site to Heavy Industrial would be in conflict with the Minutes of the Page-11 Shakopee Planning Commission September 3,1992 Comprehensive Plan. Chrmn. Joos asked for comments from the audience. Matt Missad, representing Universal Forest Products, stated this rezoning is necessary in order to expand the existing operation to make it more viable. He added that they like the City and would like to stay. He stated if there is another way to allow Universal Forest Products to expand, they would be willing to pursue these options. John Sturgis, Madison, Wisconsin, representing the Midwest Company of Universal Forest Products, stated they had a neighborhood meeting on September 2nd to discuss this rezoning request. He added that they would construct a playground to serve as a buffer area; this could include decorative fencing. He added that they have other plants adjacent to residential areas in other states. A video was presented by Universal Forest Products depicting their proposed wood preservation process. Mr. Missad requested consideration of the rezoning request or at least a conditional use permit to allow them to expand. He stated that if all else fails, then he is requesting the tabling of any action to permit them to work with City staff on a viable alternative. Jim Schiebel, Eden Prairie, stated they store lumber and distribute this lumber to lumber companies. He added they need the processing part of the facility to take better care of this area. Chrmn. Joos asked for further comments from the audience. Dick Dugan, 314 Shawnee Trail, read a statement in opposition which stated, among other things, that their common ground is adjacent to this facility. The statement listed reasons for their opposition. He submitted a petition containing 84 signatures to the Planning Commission. (This information has been placed on file. ) Kingsley Ellingson, 329 Shawnee Trail, stated they are trying to upgrade their property and this facility would lower the market value in this area. He questioned if the processes conducted by the Universal Forest Products, Inc. , contained a derivative of arsenic. He added that rezoning this parcel to I-2 would not be appropriate. Herb Hafner, 331 Shawnee Trail, questioned if there isn't to be additional residential development along the south side of Minutes of the Page -12 Shakopee Planning Commission September 3, 1992 this property. He added that he is opposed to any strong odors which may aggravate his allergies. He stated he believes that a rezoning for this type of operation could lower the property values in this area. Clyde Lenzmeier, 1426 East 4th Avenue, stated he believes something like this could scare off future developers of the residential zoned property to the south. Doreen Siplinger, 317 Shawnee Trail, stated their home is on the market and doesn't want to take any chances with the sale of the property and is therefore opposed to this rezoning request. She voiced her concerns about the future harm these chemicals could have on people. Jim Riesenbach, Prior Lake, stated he is representing the Lenzmeier family who owns the property adjacent to this facility. He stated that this company would be an asset to any City if it were located in the right place. He stated that he doesn't believe this business would enhance the development of the Lenzmeier property. He requested the Planning Commission honor the petition submitted and deny the request to rezone. He added that a conditional use permit would not be appropriate and a decision should be made now and not tabled. Chrmn. Joos asked for further comments from the audience. Mr. Missad stated this is an odorless process. He added that just like everyone else, they are also environmentally conscience and are trying to protect the environment. He stated that this is why they take the extra precautions in their processing. Ian Stocker, Grand Rapids, stated he is a chemist, and added there is no vapor pressure so there is no odor. He stated there is no mechanism that could take the chemicals from their building to the neighboring areas and doesn't believe there is a technical reason to be concerned. He stated that children are playing on equipment made with this type of treated wood and it is considered safe by the EPA. He stated they need this rezoning for the processing part of the operation. The City Planner stated there is no provision for a conditional use permit for this type of processing in an I-i zone. Discussion was held on the permitted and conditional uses in the I-1 and I-2 zones. Comm. Mars questioned the zoning of the other facilities in different states. Minutes of the Page -13 Shakopee Planning Commission September 3, 1992 Mr. Missad responded that it varies from light industrial to heavy industrial. He added that Shakopee's City Code does not define processing of lumber. Discussion was held on the state of the liquid that is hazardous and when it is no longer considered hazardous. Comm. Kelly questioned the hours of operation, should this rezoning request be approved. Mr. Scheibel stated if the treating plant were approved, the hours of operation would be 7 a.m. to 11 p.m. He added he is not aware of any triple-shifts at their other facilities, and stated that there would be some trucks and forklifts in the yard, but that the facility itself is relatively quiet. Mr. Missad stated they would be able to work out the hours of operation if the hours indicated by Mr. Scheibel present a problem. Jim Riesoff stated that it is common knowledge that one quart of oil can contaminate thousands of gallons of water and oil is not considered hazardous and since the chemicals being used at this facility are hazardous, what will future contamination be. He questioned if this operation could not be done elsewhere and encouraged a decision be reached by the Planning Commission. Dick Dugan stated that if this area is rezoned, then all heavy industrial uses would be permitted. John Sturgis stated he runs the Janesville, Wisconsin operation and added that they have had very good growth due partially because the land they operate on is the land they own. He also attributed their growth to their employees, as their facility is locally-based. He added they would also like to grow in Shakopee. Chrmn. Joos asked for additional questions from the audience. There were none. Comm. Spurrier stated that to grant this rezoning request would constitute spot zoning. He questioned if there were other options available to permit this facility. He stated he doesn't see this operation as an environmental threat, if they handle all the chemicals as stated. Discussion was held on spot zoning and options available that would allow Universal Forest Products to remain and grow in Shakopee. Minutes of the Page -14 Shakopee Planning Commission September 3,1992 Comm. Mars stated that these uses next to a residential area is of great concern to him and added that he believes a buffer is needed between the heavy industrial and residential areas. Comm. Christensen stated that the issue is the rezoning, not the chemicals, which she believes are not a threat. He added that any time a community can attract industrial business, it puts the city in good shape. She added she just can't approve a rezoning and still maintain the integrity of the City. She asked City staff to work with the owners of Universal Forest Products to retain their business in this area. Motion: Christensen/Mars moved to close the public hearing. Vote: Motion carried unanimously. Motion: Christensen/Madigan moved to recommend to the City Council denial of the application to rezone the subject site from Light Industrial (I-1) to Heavy Industrial (I-2) . XI. SIDEWALK/TRAIL PLAN Comm. Spurrier commented that it is a plus for the City to have handicap ramps installed. Discussion was held on the City sidewalk replacement program and how the City should be careful not to replace sidewalks in areas proposed for reconstruction. XII. OTHER BUSINESS - UPDATED APPLICATION PACKETS Discussion was held on the advantages of the recently developed application packets and comments were made on the hard work staff put into them. XIII ADJOURNMENT The meeting adjourned at 11: 15 p.m. 201-1 MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Request for Authorization of Bow Hunting North of C.R. 16 DATE: September 11, 1992 INTRODUCTION: The attached letter was received from Mr. William Anderson who is the Administrator of Environmental Auditing for Northern States Power. BACKGROUND: The attached letter requests an ordinance amendment to allow bow hunting on the Northern States Power Company Blue Lake Generating Plant property during the archery deer hunting season. Also attached is a memo from Police Chief Tom Steininger on this subject. If the City Council desires to consider amending the ordinance to allow bow hunting in this area the staff should be directed to research the subject and the City Attorney directed to prepare an ordinance amendment for City Council consideration. ACTION REQUESTED: Determine whether the Council desires to consider amending the ordinance and direct the staff to take the appropriate actions. At Pa, Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401-1927 August 31, 1992 Telephone(612)330-5500 330- 6z6s Mr Dennis Kraft City Administrator, City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr Kraft: It is being requested the City of Shakopee give consideration to amending their ordinance which prevents bow hunting within the City of Shakopee. Currently no hunting is allowed within the City of Shakopee, North of County Road 16, except for specific areas as identified (ballfield area, along the river, Blue Lake treatment plant area, and the Wilke Unit) . It is requested the ordinance be amended to specifically allow bow hunting with written land owner permission on the Northern States Power Company, Blue Lake Generating Plant property, during the Minnesota archery deer hunting season. This 200+ acre site is located within an industrial/rural area, and is over one half mile from the nearest residential neighbor. Mr John Parker of Shakopee, Wildlife Manager with the Minnesota Department of Natural Resources (DNR) , and Mr Scott Carlson of Shakopee, Conservation Officer with the Minnesota DNR strongly support this request of allowing bow hunting within the area identified. This will allow the DNR to further manage the metro area deer herd, and minimize the vehicle/deer accidents within the area. A copy of a letter from the Minnesota DNR is attached. I appreciate the City Council's attention to this request, and for their support of this amendment. Sincerely, / ' / William C. Anderson Administrator, Environmental Auditing Attachment trSTATE OF gROES01=nDEPARTMENT OF _NATURAL RESOURCES 5-5353 Auc:St 31. '1592 PHONE NO. FILE NO. Area Wildlife Office 118 South Fuller Street #3 Shakopee. MN 55379 Bill Anderson. Northern States Poser Co. Environmental Activities Dept 414 Nicollet Mail. 2nd floor Minneapolis MN 55401 Dear Mr. Anderson: This is to follow up on our telephone conversation about row-hunting for deer on the NSP Blue lake plant property in Shalrree. The property is about 210 acres in sections 10 and 11 between County Road 16 (Eagle Creek Blvd. 1 and State Highway 101. From my persona: observations and from renorts of deer-car collisions in this area I feel that the deer population is high and increasing in the absence of hunting. There is a lance amount of open, undeveloped land which is changinvs through ecological succession into brushla:d, which is ideal deer habitat. There is also a sicvificant amount of cropland in the area to supplement deer nutrition. If the deer population is not controlled in sane manner. I expect it to continue to increase. With that increase will be an increase in deer-car collisions and damage to landscaping, gardens, and crops on residential, canmercial, and ricultural property. I wnuid recommend that the City take all prudent stens to increase the deer kill by hunting in this area. Bow hunting on this plooerty would undoubtedly be --are. There is pore than enough acreace for the safe discharge of a bow and arrow. I know of not one instance of any injury to non-hunters due to accidents in bow-hunting. I hope that the City of Shakopee agrees that bow-hunting in this area is not a public safety problem and will be in the public interest in helping in some small way to reduce the the potential for deer-car collisions. personal injury and property darace. The alternative may be a city-financed sharpshooting program such as the City of Bloomington instituted last year. It cost over $100 per deer renoved. Tr:7' <on Parker. Area Wildlife Marscer AN EQUAL OPPORTUNITY EMPLOYER TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Deer Hunting north of CSAH 16 DATE: 09 04 92 INTRODUCTION: Northern States Power Company and the Department of Natural Resources have requested the City to allow bow hunting for deer north of CSAR. BACKGROUND: In the past, I have OPPOSED adjusting established boundaries for hunting areas based the on effect such adjustments have on enforcement of hunting and firearms regulations. In short, any time the rules are changed, enforcement problems occur. In the case of this request, I believe the concerns expressed by Mr. Anderson and Mr. Parker are valid. The problems experienced throughout the southwest metro area relative to the size of the deer herd in this area also lend credence to their request. I do not object to allowing bow hunting north of CSAR 16 in the area specified. I would, however, suggest that the Council consider making any adjustment subject to review after one year to weigh any benefits realized against any problems experienced as a result of the change in boundaries. ALTERNATIVES; N/A RECOMMENDATIONS; N/A ACTION REQUESTED; N/A 8b RF��..._._ 9- /o - 9� SEP 1 °Sat co OF SNAKOPEE ,5e 21./4 !7'.eaeefnz /910i. //M five . SrIAKoPF� mil Lr-f s -BG a � T©: „072 yo✓Z G. Lamre/7t (found,'( no„..„bees pea r COalne, / /Y/ern/j£reS: Nn rerei es 6:77 /0 A /9 e on ?4,2 Sefr /5-/ / qqg‘71 re?/9 eo, a Se<✓< r pro ,3,4 m. ‘e d.4.17e /0 7,1e Com rzc:l /n / 9Xd hi, 'y h Y.S e Bryn 2� lord A le en- and y"/i e O,A7 tyreeci/ /o ol(9 etp a, re <. d- reo,v:.e /5/z a ,zej ei/ V )95y //tom a_ast. /VOW /0 >'"le Spr7j79 aF 902, G1< Sit.?dC X -r/ eneed 74 c 'er6�2ie7 . Q2a ep✓/97 /5 6 O ) GJe �v� 6✓.9/e /a vum Y/c Sea""r C i) 6 5 4✓e1� A S � �h/y ret (e -71;o/n y/e_ foleA(15:10 774s7 ) /-1re a,`/ Ser274 4- errer, owf >Lo inspectc5/9)0 // c/ doa2 n67` Se 7 /I/C. „oro <5.5)le/a� L</, 7�r1 X% it e2e :, S. 6 r7 9/a-)n� r 63.e0 /;o cSa5 fl 75 / 7L 7oc/ J9 (k / Qkr ine (& /// z/e &i* . /S6.vL77 ��Pde / f/e ,-e_ ait .d� /OG u. to 6 ot,/n �%n/7y/I Sorr)eu)4 - 212 f70/6✓,'/io rl a- �' 1a a 245-e-- MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Sewer Claim at 1910 E. 11th Avenue DATE: September 11, 1992 INTRODUCTION: Attached is correspondence from Mrs. Walker, 1910 E. 11th Avenue, Shakopee regarding a potential sewer claim at their residence. She is requesting permission to be placed on the September 15, 1992 City Council agenda to discuss this issue. BACKGROUND: Staff has had several discussions with Mrs. Walker since spring, 1992. Upon notification of the initial sewer claim, the Public Works crews immediately investigated the main sewer line to see if the main line was obstructed. The videotape of the City's main line indicated that this sewer was unobstructed and flowing freely. City employees then informed Mrs. Walker that the main sewer line was satisfactory and that the problem must be in her service line, which is the property owner's responsibility to own and maintain. Continued discussions with Mrs. Walker revealed that this was not the first time they had experienced sewer problems. Staff has researched this situation and would like to provide Council with additional historical information. The main line sewer was constructed in 1973 as part of the JEJ 2nd Addition. In 1977, the sewer and water services were installed under a City contract. The Walker home was constructed in 1979. In 1982, they experienced a flooded basement due to a sewer backup and repaired the damage. In 1985, they experienced similar problems and were told by their plumber that the service line connection was not done correctly and that the City was responsible for making any repairs. On September 2, 1986 this item was discussed by the City Council. Attached for further background information is the August 28, 1992 staff memo on this issue, Mrs. Walker's July 15, 1986 letter to the City Administrator and the September 2, 1986 City Council minutes. In 1986, when this issue was discussed by the City Council there was no way to physically determine if the problem was due to the faulty construction on the City's part or simply a service line failure. The only way to make a true determination was to dig up the service line. The Council therefore agreed that once it was dug up and if it was determined to be caused by faulty construction, then the City would pay for the repairs. The City did in fact pay for the repairs. Staff cannot find any documentation in the files regarding what the "faulty construction" was that resulted in the City paying for these repairs. Mrs. Walker is now claiming that the work done by the City in 1986 was not done properly since their driveway is starting to settle and they are experiencing sewer problems (slow drains) . She is requesting that the City make the necessary repairs. In staff's opinion, the only way to determine what is causing the driveway to settle and sewer to drain slowly is by digging up the service line. ALTERNATIVES: 1. Direct City staff to excavate the sewer line to determine what the problem is. 2. Inform Mrs. Walker that they should make the necessary repairs and if they feel the City is responsible, they should submit a claim to the City for consideration. 3. Do Nothing. RECOMMENDATION: At this time, staff does not have any facts that would support a deviation from the City's policy that service lines are the homeowner's responsibility to own and maintain. There obviously was a problem in 1986 which the City assumed responsibility for by making the necessary repairs. But there is no basis for assuming that the work done in 1986 was again faulty, because of the problems they are now experiencing in 1992. If there was improper compaction around the pipe in 1986, settlement would have been evident immediately within the first 1-2 years. The current settlement is 6 years later and it could very well be caused by a leaky service line that may be completely separate from the work done in 1986. It's almost impossible to determine what or where the problem is. In conformance with existing City policy and past practice, staff recommends Alternative No. 2. ACTION REQUESTED: Move to inform Mrs. Walker that they should make the necessary repairs to the sewer service line and to submit a claim to the City if they feel the City is responsible for the repairs. DH/pmp CLAIM MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer,- SUBJECT: James Walker Sanitary Sewer Service DATE: August 28 , 1986 INTRODUCTION: Attached is correspondence received from Mrs. Walker regarding the sanitary sewer service to their house located 1910 East 11th Avenue . She is requesting the City to dig up the service and repair a suspected faulty installation. BACKGROUND: Mrs. Walker' s letter is self-explanatory as to previous problems with the sewer. It is my understanding that the City paid for service repairs in this same neighborhood due to faulty construction during the original utility installation. In 1984 , two such occurrences are recorded at 1982 Davis Court (Al DuBois) and 1909 East Shakopee Avenue (Dallas Peterson) . Mrs . Walker ' s request of the City to complete the construction and accept cost responsibility prior to determining the cause of the problem would be a change of policy followed by the City in the past. Policy has been for the property owner to arrange for construction of service pipe repairs and only upon determination that the original construction caused the repair does the City accept cost responsibility . Alternatives : 1 . Agree to repair the service and accept cost responsibility prior to construction. 2. Agree to reimburse the Walker ' s cost associated with repairing their service pipe only upon determination that the original construction required the repair . 3 . Do Nothing. RECOMMENDATION: In my opinion, if the problem exists, the service should be repaired irregardless of whose cost responsibility . Consequently , there is no risk to the property owner to proceed with the work and have City staff inspect the situation during construction. Alternative 2 should increase the Walker' s comfort level for proceeding with the work, therefore , I recommend Alternative No . 2 . I make this recommendation based upon the fact that the original construction was completed under a City contract . Walker/Sanitary Sewer r August 29 , 1986 Page 2 REQUESTED ACTION: Move that the City agree to reimburse the property owner' s cost of sanitary sewer service repair at 1910 East 11th Avenue upon determination that the repair was necessary due to faulty construction during the original construction . KA/pmp WALKER • d %J c � ✓r d�c ,z/axyar✓ /S / /gz G��rr,GYiLCZWz J /s2 it -777, 3 J79 // /<9 iii / fir n . YY5 - , --/KE 1. Zy /977. J -o _-)e :z- mow. oz-na'£ 2> & ,-- a. � � �i -ifZeor-E .GCcL./ < SiAL/L Z- . ers � � `v 3 { . :\I GCy�4u-cam� ,l/%u --,411 - -e-�%- �-�a�.,c��y/, J �7 ' ,Y il/ c-- ice. -C`✓c;r /_ �iG 2- pi-'71-2.d/e.--n-",--- N V \' 1 � �-�G"cl/1L. U✓`�'/� /ra.L� C(i"� (2-�i+LG-C'Zi� �✓' C1� l J `\ \' (%ify/ �t-�..-�- .i..c2.ZL �-v+.i,,-a— Z 22241,t.-7.,-&,-2_,) 1.; l ,-=. . .0:2.--, tizzy !!. j�.c=c/ o ,e__ J d Lei 1 •& / e . , /.o , t �J-� , � 7/1 Q O CL a--U-v,-c)-Z- �:�;-z�? -/, .9-c�ze, e--Z- ‘ te _ _� ii ,g`\ Ctic_,., �i „ ,,,...„.x,-;,,,,.„ z: f >) .a 44 r\ 'rN / -k_--) � �V v4_, I 22 r” i 7776_, REGULAR SESSION suasorme. MIWNRSOIA f Mayor Reinke called the meeting to order ac 7:00 p.a.. etch Cn1h: 1(0 Leroux, Vierling, Lebens and Wampach present. Also prestnt were A John K Anderson, City Administrator; Judi Simac, City Planner; nnis Kraft Directors)JudithyS. Cox, City eClerk; ands JuliCousnA. Collerity eIpenc I, City Attorney. Leroux/Lebens moved to recess ssrfordauHousings -a diRedevelopment Authority meeting. Vierling/Lebens moved to reconvene. Motion carried unanimously. Liason reports were given by council. members. Wampach/Leroux moved to approve the minutes of August 19, 1986. ' Motion carried with Cncl= Lebens abstaining. Lebens/Vierling moved to receive and place on file the letter from Don McNeil resigning from Energy and Transportation Committee. Motion Carried unanimously. Wampach/Lebens moved to receive and place on file the letter from Congressman Bill Frenzel on the annual meeting, for public officials on Saturday, September 6, 1986. Motion carried unanimously. Cncl: .Vierling and Leroux said they are planning to attend the n ional meeting ont Septembers 12st 19861 ataCouncil of ththeGoldenCrFoxRestaurant. _ Leroux/Wampch moveto e and lace on file from SandraaGardebring ofe Metropolitanthe vCouncil. Motion carried unanimously. Discussion ensued as to the liability of the City in repairing the sewer main hookup for Mr. and- Mrs. Walker, 1910 E' 11th Ave. The City Engineer said that it is the policy of the city to reimburse the owner of the property only if the orginal construction requires repair. Wampach/Leroux moved that the City agree to reimburse the property owners cost of sanitary- sewer service repair at 1910 E. 11th Ave upon determination that the repair was necessary due to faulty construction during the Noriginalnconstr tion carried. tion. Roll Call: Ayes: Unanimous Resol of Appreciation)to Dean rColligannfor nOutstandia ngDedicationnand Service to the City of Shakopee, and move its adoption. Motion carried unanimously. •,I 9 MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg Ekola, City Planner RE: Vacation of Minnesota Street North of 7th Avenue DATE: September 9, 1992 INTRODUCTION: City Staff has received a petition from LeRoy Menke to vacate the portion of Minnesota Street north of the alley located north of 7th Avenue. The City Council has scheduled a public hearing for September 15, 1992, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. DISCUSSION: At their meeting on September 3 , 1992, the Shakopee Planning Commission tabled their recommendation to the City Council on this vacation request to their October 8, 1992 , meeting. A Planned Unit Development (PUD) has been proposed concurrent with the proposed vacation. The review of the preliminary PUD was tabled at the September Planning Commission meeting to allow time for the applicant to provide additional information. ACTION REOUESTED: Continue the public hearing regarding this vacation request to the October 20, 1992, meeting of the City Council. a, MEMO TO: Dennis Kraft, City Administrator PROM: Terrie Sandbeck, Assistant City Planner RE: Final Plat for Maple Trails Estates DATE: September 8, 1992 INTRODUCTION: Mr. Randy Laurent of Laurent Builders, Inc. has submitted an application for final plat approval for Maple Trails Estates. The proposed subdivision is located east of County Road 17, across from Timber Trails Addition. The property is owned by Mr. Harland Hohenstein. The area is zoned R-1, Rural Residential. (See Exhibit A. ) The final plat covers 111 acres, and proposes 12 lots and 3 outlots. BACKGROUND: The Planning Commission initially reviewed the preliminary plat for Maple Trails Estates at their May 1992 meeting, and tabled their recommendation to the City Council to allow additional time for the Planning Commission and the City Council to consider amending the cul-de-sac street length limit, and for the applicant to submit additional information required for their review of the proposed plat. The April 30, 1992, staff report to the Planning Commission cited several areas in which additional information was needed. The applicant was granted a time extension by the Planning Commission for this proposal at the June Planning Commission meeting. At the May 19 meeting, the City Council approved the 200 average daily trip (ADT) figure as additional criteria in reviewing variance requests for over length cul-de-sac streets. This policy was selected to be used on an interim basis while the Subdivision Regulations are being updated. At their July 7, 1992, meeting, the Planning Commission recommended approval of the preliminary plat for Maple Trails Estates, and the Shakopee City Council approved the preliminary plat at their meeting on July 21, 1992. The Planning Commission reviewed the final plat at their meeting on September 3, 1992, and have recommended its approval. CONSIDERATIONS: 1. The draft 1990 Comprehensive Plan has designated this area for Rural Residential development. This land use category allows detached single family housing without City sewer and water services on parcels of at least 2 .5 acres in size. 2 . The majority of the property is currently being used for agricultural purposes. Adjacent land uses include low density residential development to the west, and agricultural uses to the north, east, and south. A portion of Outlot A is the property owner's farmstead. Another existing residence is owned by Jim Sorenson and Lori Lesinski. Their property is the 10 acre exception parcel located near the center of the proposed subdivision. This 10 acre parcel is not included with this subdivision. 3 . The development of this subdivision is limited by the amount of existing frontage to public rights-of-way. The property currently has frontage or access on its west side only (CR 17) . In response to the limited frontage, the applicant is proposing to develop the subdivision in three phases. In the 1st Addition, twelve lots are proposed to be final platted adjacent to a temporary cul-de-sac street 2,583. 69 feet in length (Wood Duck Trail) . This street would eventually continue to the east with the final platting of the 2nd and 3rd Addition. The final platting of the last two phases will require at least one access to a public right-of-way to the east, north, or south. The proposed cul-de-sac street is straight in alignment with one 238 foot side street (Hohenstein Court) . This side street, along with the area labeled on the plat as Outlot B, would provide access to the 10 acre exception parcel owned by Jim Sorenson and Lori Lesinski. The City Council approved the variance for the over-length cul-de-sac street (2 , 583 feet and a 280 foot side street) with their approval of the preliminary plat. The street is temporary in nature, straight in alignment with one 90 degree intersection, generally has a shallow grade (less than 4.2%) , and would be required to remain under the 200 ADT figure. With the 1st Addition, 11 single family lots, the large lot south of Wood Duck Trail (proposed church site) , and the 10 acre exception parcel would access the proposed over-length cul-de-sac street. Subtracting the ADT from the 11 lots and the 10 acre parcel from the 200 ADT policy figure would result in 80 ADT for the church lot (200 ADT - 120 ADT = 80 ADT) . Development on the proposed church site is limited to the 80 ADT based on a traffic analysis. 4. Approval of the preliminary plat required adequate turnaround facilities for all temporary cul-de-sac streets to be constructed with each phase. Adequate easements for the temporary turnarounds must be recorded with the approval of each final plat. The applicant shall be required to record an easement agreement with the Scott County Recorder which provides easements for the temporary turnarounds at the time of the recording of the final plat. 5. The 10 acre exception parcel currently has access via a private easement along the north edge of Outlot A, and the south edge of Lot 1, Block 2, and Lot 1, Block 3 . Providing right-of-way frontage to this parcel is proposed to occur in phases. Following the construction of the public streets within this Addition, and their acceptance by the City, the majority of the existing private easements will be removed. Hohenstein Court, along with the remaining private easement within the area labeled Outlot B, would provide access to the 10 acre exception parcel owned by Jim Sorenson and Lori Lesinski. 6. Street construction plans have been submitted and reviewed by the City Engineer. Only minor revisions are being required. 7. A Scott County Entrance Permit will be required from the Scott County Highway Department for the street that intersects with CR 17 (Marschall Road) . The applicant has submitted the application for this permit to the Scott County Highway Department. Approval of the permit must be received prior to the recording of the final plat. None of the lots in Block 1 and Block 2 will be permitted to have direct access to C.R. 17. 8. Northern States Power currently has a 200 ' easement which crosses the northern portion of Lots 1 through 8 of Block 1, and Outlot C. This easement is not shown on the final plat. The applicant should provide a revised final plat which provides this easement, along with the document number under which it is recorded with the Scott County Recorder' s Office. NSP will not allow the construction of any permanent structures within their 200 foot easement. However, the installation of septic systems and drainfields would be allowed under certain conditions. NSP will need to review the proposed location of each system and will require "as built" drawings so they can note the systems on their plans and profiles. 9. Lot 8, Block 1, contains a wetland area, over which a drainage and utility easement is being proposed. This drainage and utility easement, combined with the 200' NSP easement, will greatly reduce the building envelope for this lot. 10. Drainage and utility easements around the perimeters of the lots have been provided on the final plat. 11. Stormwater runoff calculations have been reviewed and approved by the City Engineer. 12 . The applicant will be required to keep heavy equipment off of potential on-site sewer areas, and to enforce a statement on the Drainage and Erosion Control Plan approved with the preliminary plat which states, "Site grading will be limited to street construction and ditching where shown" . 13 . The Department of Natural Resources (DNR) has commented that the site does not contain any DNR Public Waters or Public Waters Wetlands and a DNR permit will not be required. 14. On January 1, 1992, the Wetland Conservation Act of 1991 became effective. The applicant is complying with this Act for this portion of the plat, and all wetlands within this final plat are being avoided. Staff is in the process of issuing a Certificate of Exemption to the property owner for the 1st Addition. However, the property owner will be required to obtain separate Certificates of Exemption for the 2nd and 3rd Additions, and to verify that they will be in compliance with the Wetland Conservation Act of 1991. 15. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Using the assessed market value from the Scott County Assessor's Office in the calculation, the park dedication fee would be $580.77 per lot. 16. No assessments currently exist on the property. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the final plat for Maple Trails Estates, 1st Addition, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developer' s Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Storm drainage systems shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. d. 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. 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 park dedication shall be required. g. No building permits will be issued for Outlots A, B, and C until these outlots have been replatted. h. Following the construction of Wood Duck Trail and Hohenstein Court within the 1st Addition, and prior to the release of the Developer's Agreement and the Letter of Credit by the City, the private easement along Outlot A and Lot 1 of Block 2 must be vacated and the existing driveway connection to C.R. 17 removed. i. The applicant shall record an easement agreement with the Scott County Recorder which provides easements for the temporary turnarounds at the time of the recording of the final plat. 3 . A variance to the Subdivision Regulations allowing two over length cul-de-sac streets (2, 588 .69 feet and 238. 19 feet) is granted to allow the construction of the proposed cul-de-sac streets in the 1st Addition. The applicant shall dedicate and construct Wood Duck Trail and Hohenstein Court prior to the release of any building permits within the plat in order to provide adequate access to the private easement within Outlot B for the exception parcel currently owned by Jim Sorenson and Lori Lesinski. 4. Development on Lot 1, Block 2 is limited to 80 Average Daily Traffic (ADT) . A traffic analysis, including daily and weekly peak volumes, must be approved by the City Engineer prior to any development on this lot. 5. No direct access to C.R. 17 will be permitted for any of the lots within the final plat, except for the 22 .34 acre parcel where the owner of the property resides. This parcel may continue to utilize the existing driveway. 6. Adequate turnaround facilities for all temporary cul-de-sac streets must be constructed. 7. The applicant shall submit a revised final plat which provides the 200 foot utility easement for Northern States Power Company, along with the document number under which it is recorded with the Scott County Recorder's Office. Prior to the release of the building permits for each lot in Block 1, the developer shall verify that information required for the construction of septic systems within this 200 foot utility easement has been submitted to them for their review and approval. 8. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 9. Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. 10. The applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled prior to the release of building permits for each lot. 11. A separate Certificate of Exemption (Wetlands Conservation Act of 1991) shall be required for the 2nd and 3rd Additions prior to final plat approval by the City Council. 12. Scott County Entrance Permit must be obtained from the Scott County Highway Department prior to the recording of the final plat. ACTION REQUESTED: Offer Resolution No. 3650, A Resolution Approving the Final Plat of Maple Trails Estates 1st Addition, and move its adoption. RESOLUTION NO. 3650 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT OF MAPLE TRAILS ESTATES 1ST ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Maple Trails Estates on September 3, 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 Final Plat of Maple Trails Estates, described as: The South Half of the Northeast Quarter of the Southeast Quarter of Section 19, Township 115, Range 22 , and The West 20 rods of the Northwest Quarter of the Southwest Quarter of Section 20, Township 115, Range 22, and The North one-half of the Northeast Quarter of the Southeast Quarter of Section 19, Township 15, Range 22, and Northeast Quarter of the Southwest Quarter of Section 20, Township 115, Range 22, together with that part of the Northwest Quarter of the Southwest Quarter of said Section 20, lying East of the West 20. 0 rods of said Northwest Quarter of the Southwest Quarter is hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Storm drainage systems shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. d. 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. 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 park dedication shall be required. g. No building permits will be issued for Outlots A, B, and C until these outlots have been replatted. h. Following the construction of Wood Duck Trail and Hohenstein Court within the 1st Addition, and prior to the release of the Developer's Agreement and the Letter of Credit by the City, the private easement along Outlot A and Lot 1 of Block 2 must be vacated and the existing driveway connection to C.R. 17 removed. i. The applicant shall record an easement agreement with the Scott County Recorder which provides easements for the temporary turnarounds at the time of the recording of the final plat. 3 . A variance to the Subdivision Regulations allowing two over length cul-de-sac streets (2 ,588. 69 feet and 238. 19 feet) is granted to allow the construction of the proposed cul-de-sac streets in the 1st Addition. The applicant shall dedicate and construct Wood Duck Trail and Hohenstein Court prior to the release of any building permits within the plat in order to provide adequate access to the private easement within Outlot B for the exception parcel currently owned by Jim Sorenson and Lori Lesinski. 4. Development on Lot 1, Block 2 is limited to 80 Average Daily Traffic (ADT) . A traffic analysis, including daily and weekly peak volumes, must be approved by the City Engineer prior to any development on this lot. 5. No direct access to C.R. 17 will be permitted for any of the lots within the final plat, except for the 22. 34 acre parcel where the owner of the property resides. This parcel may continue to utilize the existing driveway. 6. Adequate turnaround facilities for all temporary cul-de-sac streets must be constructed. 7. The applicant shall submit a revised final plat which provides the 200 foot utility easement for Northern States Power Company, along with the document number under which it is recorded with the Scott County Recorder's Office. Prior to the release of the building permits for each lot in Block 1, the developer shall verify that information required for the construction of septic systems within this 200 foot utility easement has been submitted to them for their review and approval. 8. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 9. Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. 10. The applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled prior to the release of building permits for each lot. 11. A separate Certificate of Exemption (Wetlands Conservation Act of 1991) shall be required for the 2nd and 3rd Additions prior to final plat approval by the City Council. 12. Scott County Entrance Permit must be obtained from the Scott County Highway Department prior to the recording of the final 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 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 EXHIBIT A . .... , . .. . _ _ , _ .. i. ... ,...• _ _,,.„, . , . .,.. _ ....„ ... . __ ______ . . _ , _ _ ________ _ _ _ R � SUBJECT SITE ' -----_ AG AGRICULTURE R 1 RURAL RESIDENTIAL R2 URBAN RESIDENTIAL - R3 MID-DENSITY RES. "_ R4 MULTI FAMILY RES. - - 81 HIGHWAY BUSINESS - _ B2 COMMUNITY BUSINESS 83 CENTRAL BUSINESS I1 UGHT INDUSTRIAL 12 HEAVY INDUSTRIAL �- S SHORELAND FLOODPLAIN DISTRIC -•-•• MANDATORY PUD RTD RACETRACK DISTRIC - - Zoning Map City of SHAKOPEE _ . R 1914 ' m Mm x R ;14I. . / $ mB |I / il � g / 2a § § D / / i , ' R © § � ! $ / , ril m st 2 ) ] ) \ ` / /! p a XJ [ j ,$ q ; ! ! ; . , g § 4 D / � ` ) ; F / { I pi 4 L % ( ! J \ 4 | CD a / § \ 1 > a ° a ` _ J § $ � ill � 21. 1 , CD • ) 1 ` ! @§ ! q . \ a ,Its ! , ; mmmi ! ° ; , 1 9 \ } ; E. 1 . 19f = - . W \ I I I I ` I I ill a ( ! ! \ •` 4 gha a 1 ` § _ ! 2 , . i . ` g a ! ciFF ! 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Cn n E i > N f Xm cern CO 6 Q" v) 13 0 oz .i„ mFco -1 z 0 D 0 : v 0 - 5O129'6O'E ll33.6O 0 Z 9 . e ca Ravi pa n r ygEcIpg •yy / 99 z@ / �� Z . A Ca PI L1—r gg Bs \ g O F A m qq -0 - y o —ml z 60 IDb MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Application for Rezoning from Light Industrial (I-i) to Heavy Industrial (I-2) DATE: September 8, 1992 INTRODUCTION: At their September 3 , 1992, meeting, the Shakopee Planning Commission recommended denial of an application from The Universal Companies, Inc. to rezone 16.9 acres of property from Light Industrial (I-i) to Heavy Industrial (I-2) . BACKGROUND: Matthew Missad of The Universal Companies, Inc. is requesting that the City rezone 16.9 acres of land currently being used for Universal Forest Products, Inc. This property is located at 1570 East Highway 101. (See Exhibit A. ) The applicants are requesting that it be rezoned from Light Industrial (I-1) to Heavy Industrial (I-2) . The site was zoned for residential use until 1965 when it was rezoned for industrial uses. In 1979, the area was rezoned to Light Industrial (I-1) as it remains today. 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 subject site is designated for Light Industrial land uses in the adopted Comprehensive Plan and the draft 1990 Comprehensive Plan. (See Exhibit 8. ) The industrial land use classification allows a variety of activities, such as assembly, warehousing, wholesale distribution, and office activities. One of the policy statements in this plan states that industrial areas are to be developed in a compatible manner with adjacent land uses. 3 . The subject site is zoned Light Industrial (I-1) . The permitted uses in the I-1 district include warehousing and wholesaling, offices, public buildings, research laboratories, construction and special trade contractors, and restaurants. A list of permitted and conditional uses within the I-1 Zoning District are attached as Exhibit C. 4 . The applicant is proposing to rezone the subject site to Heavy Industrial, (I-2) in order to operate a wood preservation facility on the site. The permitted uses in the I-2 district include all of the permitted uses within the I-1 zoning district, plus manufacturing, fabrication, processing, assembly and storage of such things as light chemicals, lumber and wood products, paper products, rock and stone products, textiles, etc. ; assembly and storage of both light and heavy chemicals; and the assembly and storage of explosives. The permitted and conditional uses within the I-2 Zoning District are attached as Exhibit D. Exhibit E is the applicant's cover letter which further describes the proposed operation. 5. The area to the north of the site is zoned Highway Business (B-1) . Memorial Park is located to the north, across T.H. 101. Property to the east is zoned I-1 and has been developed an oil supply company, a metal culvert distribution company, and Terminal Transport. 6. The area directly west of the site is zoned Multi-family Residential (R-4) . The area to the west was platted in 1972 as Patricia's First Addition. A multi-family housing development with individually owned townhomes was constructed in this subdivision. 7 . The area directly south of the site is also zoned Multi-family Residential (R-4) . Although the area to the south has not yet been developed, staff has recently received interest in the development of some of this property for residential uses. The 1990 draft Comprehensive Plan predicts an increase in population, as well as increases in the rate of population and housing growth. As a result of this growth, the area zoned R- 4 to the south of this site should be fully developed by the year 2010. 8. The land use goals of the draft 1990 Comprehensive Plan do not support this rezoning request. Land Use Goal No. 6 is to, "Protect established residential areas" . Rezoning this property to Heavy Industrial could be detrimental to the existing residential development to the east and future residential uses to the south. Land Use Goal No. 7 is to, "Create attractive new residential neighborhoods on the south and east fringes of the community" . The proposed rezoning would allow heavy industrial uses adjacent to an area designated for multi-family development in the Comprehensive Plan. The rezoning of the subject site from Light Industrial to Heavy Industrial would be in conflict with these Land Use Goals. 9 . Shakopee Public Utilities has commented that the existing watermains in this area are not of sufficient size to support I-2 zoning. 10. Attached to this staff report (Exhibit E) is a copy of a petition from the Shakopee Village Homeowner's Association, Inc. Eighty-four of the residents living adjacent to the subject site have signed this petition opposing the proposed rezoning. This petition was presented at the public hearing held during the September 3, 1992 , meeting of the Planning Commission. 11. Universal Forest Products, Inc. held a meeting with neighboring residents on September 2 , 1992, in order to provide an overview of their proposed wood treatment process and explain their growth plans. 12 . The applicant is proposing to rezone the entire 16.9 acre site from I-1 to I-2 . Another option that the City Council may want to consider would be to rezone only the eastern 400 feet of the subject site from I-1 to I-2 . 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 Light Industrial District and the Heavy Industrial District is clear. Criteria #2 Significant changes in community goals and policies have taken place. Finding #2 The goals and policies for both the Light Industrial and Heavy Industrial 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 There have been no significant changes in this area to warrant rezoning the property from Light Industrial to Heavy Industrial uses. Criteria #4 The amendment is necessary to implement the Comprehensive Plan's growth management program. Finding #4 The rezoning of this parcel from Light Industrial to Heavy Industrial would be in conflict with the Comprehensive Plan's growth management program. ALTERNATIVES: 1. Deny the application to rezone the subject site from Light Industrial (I-1) to Heavy Industrial (I-2) . 2. Direct staff to prepare the appropriate ordinance to rezone the subject site from Light Industrial (I-1) to Heavy Industrial (I-2) . 3 . Direct staff to prepare the appropriate ordinance to rezone the eastern 400 feet of the site from Light Industrial (I-1) to Heavy Industrial (I-2) . 4 . Table the decision to allow the applicant or staff time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No. 1, to deny the application to rezone the subject site from Light Industrial (I-1) to Heavy Industrial (I-2) . ACTION REOUESTED: Move to direct staff to prepare the appropriate ordinance to rezone the subject site from Light Industrial (I-1) to Heavy Industrial (I-2) • (If the City Council concurs with the recommendation of the Planning Commission, the City Council should vote against this motion. ) EXHIBIT A I r r - ei - SUBJECT SITE _ R4 --- _ - -- _.�._._�.,_.W._._.. ,B2 i -•- - -,_ R4 AG AGRICULTURE i R1 RURAL RESIDENTIAL II... R2 URBAN RESIDENTIALj ;'. • R3 MID—DENSITY RES. .A Fs..., R4 MULTI FAMILY RES. * r B1 HIGHWAY BUSINESS '- B2 COMMUNITY BUSINESS _ �� 11 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL S SHORELAND ,� '�. FLOODPLAIN DISTRICT' _._.. MANDATORY PUD I f RTD RACETRACK DISTRICT( - Zoning Map City of SHAKOPEE EXHIBIT B at," r ' Ct.� err., � ;v �. ;c ■ . kill , f 1 1 11 { R • II Rural 1990 Land Use Plant il nsporation -1.2 OPAL ARTERIAL $F SIIGtE FAMILY ItESILQO1 L az FR RIRAL RESIDENTIAL RXEDIATE ARTERIAL C COTERCIN- DI I M Ct6 XILI .AWLLC114I161RINI&L1RiN. �_ 1 d. :P ARTER:aL A /Q(IOLTIPAL --ini P PARKS/Wei SD*a 3 S SWRPtNo LECTOR lilt I _I,iRGE BRIDGE CRCSSNG CCRR!OOR CITY of Map 11 �„ �— j E f--_,' q k 1 YY 4 A W G e ¢ iai �I J k 3 �J rJ l ■ � �� r - ;I ' "l� 0 I . I n®L 51'3 / .`Ic f _ vi, —V / I, c4 3 — I L —i- Si—. .. a i r IS II ISLF \ a Q e «" c i, , 7 cc { r • �'f� I . all 11. 4431 i— . 1U r ��h . _— We Thr le i a i I 1 / ,,<g7 " I - a L— Sy __3 r �� x h "t" D ZBi..L1W ". EXIIIBIT C 3 11 • 3L B. 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 3) . B. Landscaping Requirements. (For aoolicable provisions , see Section 11 . 60 , Subdivision 7) . C. Screening . (For applicable provisions , see Section 11 . 60 , Subdivision 3 , Subparagraph D) . 1. Roof Too 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 . 0. Research laboratories . E. Construction and special trade contractor . F. Essential services . Source : Ordinance No. 31, 4th Series Effective Date : 10-25-79 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 l'0-. (12-1-33 . H. Class IT_ day care facilities when Located is the home of the day care provider . Source : Ordinance No. 264 , 4th Series Effective Date: 5-26-89 Source : Ordinance No. 279 , 4th Series Effective Date: 12-1-89 Subd. 3. Conditional Uses. Within any Light Industrial District, no structure or land shall be used for the following uses except by conditional use permit: A. Assembly/storage of : 1 . Apparel . 2. Food products . 3. Glass . 4 . Leather . 5. Pottery . 6 . Lumber and wood products . 7. Paper products . 8. Rock and stone products . 9 . Textiles. 10 . Tobacco products . - 11 . Fabrication metal products . 12. Machinery and appliances . 13. Transportation equipment. B. Commercial recreation . C. Residential accessory. D . Heliports , airport. E. Bus and truck maintenance garages . F. Railroad operations . G . Mining and excavating industries . H. Landscaping services . I. Storage of coal, gas , junk, salvage , scrap metal, paper and rags . Source : Ordinance No . 31, 4th Series "ve Date: 10-25-79 J. (Repealed by Ordinance No. 203 , 4th Series , adopted 7-1-86 .) K. Structures in excess of 45 feet in height . L. Animal hospitals and veterinary clinics . Source : Ordinance_ t:o . 186 , 4th Series Effective Data : 1-30-36 M. Class I day care facilities . N. Class II day care facilities when not located in the home of the day care provider . Source : Ordinance No . 264 , 4th Series Effective Date: 5-26-89 Source : Ordinance No . 279, 4th Series Effective Date: 12-1-89 (12-1-39) 5 11 . 32 Subd. 4. Lot Area, Height, Lot Width and Yard Require- ments. A. The floor area ratio shall not exceed 1 to 1 . B. Front yard setback: 30 feet. C. Lot Width: 100 feet. D. Minimum lot area: With City services : 1 acre . Without City services : 20 acres . Source: Ordinance No . 31 , 4th Series Effective Date: L0-25-79 E. Rear yard setback: 30 feet , except that where there is an abutting rail- road spur , the rear yard setback shall be 20 feet . Source : Ordinance No . 279 , 4th Series Effective Date : 12-1-89 F. Side yard setback: 15 feet normal. 1. 50 feet when abutting R District. 2. 0 feet when abutting railroad . Source: Ordinance No. 96, 4th Series Effective Date: 11-11-82 Subd. 5. Performance Standards. A. Acceptable Building Materials. (For applicable provisions , see Section 11. 60, Subdivision 5) . 3. Required Parking Setback. (For applicable provisions , see Section 11. 60, Subdivision 6) . C. Landscaping Requirements . (For applicable provisions , see Section 11 . 60 , Subdivision 7) . D. Screening . (For applicable provisions , see Section 11 . 60, Subdivision 3 , Subparagraph D) . 1 . Roof Top Facilites . (For applicable provisions, see Section 11.60, Subdivision 3, Subparagraph D, Item 1. 2. Parking Areas. (For apolicable provisions, see Section 11. 60, Subdivision 3, Subparagraph 0, Item 2j . 3. Outdoor Storage and Trash Handling . (For applicable provisions , see Section 11. 60 , Subdivision 3 , Subparagraph 0, Item 3) . 310-7 (12-1-99) EXHIBIT D - SEC. 11.33. HEAVY INDUSTRIAL (I-2) . Subd. 1. Purpose. The Heavy industry District is where a full complement of urban services exist such as water , sewer , rail and highway transportation to provide support for intense manufacturing and processing operations . Subd. 2. Permitted Uses. Within any Heavy Industrial District, no structure or land shall be used except for one cr more of the following uses : A. All permitted uses in I-1. H. (Repealed by Ordinance No . 158, 4th Series , adopted 1-22-85.) C . Railroad operations . D. Motor freight terminals . E. Manufacturing , fabrication , processing , assembly/storage of : 1. Light chemicals . 2. Lumber and wood products . 3 . Paper products . 4. Rock and stone products . 5 . Textiles . 6. Tobacco products . 7 . Fabrication metal products . 8 . Machinery and appliances . 9. Transportation equipment . 10 . Apparel. 11 . Food products . 12. Glass. 13 . Leather . 14 . Pottery. F. Assembly/storage of : 1 . Light chemicals . 2. Heavy chemicals . 3 . Explosives . 4 . Residential accessory . Source: Ordinance No . 31, 4th Series Effective Date : 10-25-79 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 sec. Source: Ordinance No . 138, 4th Series Effective Date: 11-24-33 H. Commercial recreation major . Source: Ordinance No . 158, 4th Series Effective Date : 1-31-85 313-S (12-1-2o) I. Class I day care facility when located in the home of the day care provider . Source: Ordinance No. 254 , 4th Series Effective Date : 5-26-89 Subd. 3. Conditional Uses. Within any Heavy Industrial District, no structure or land shall be used for the following uses except by conditional use permit: A. Manufacturing , processing or storage of explosive material. B. Heavy chemical storage and manufacturing including petroleum, chlorine, creosote , glue, acid, fertilizer , asphalt production , soaps . C . Structures in excess of 45 feet in height . D . Paper and pulp mills . E. Meat or fish packing . F. Rock crushing or gravel work . G. Concrete and ready mix plants . H. Foundry, forge , casting , metal . I. Heliports , airports . "J. (Repealed by Ordinance No. 203, 4th Series , adopted 7-10-86. ) K. Grain elevators . L. Water and sewage treatment. M. Mining and excavation industries . Source: Ordinance No . 31, 4th Series Effective Date : 10-25-79 N. Retail sales and displays in front yards when necessary to a permitted principal use carried on in a structure located on the premises but the area so used shall not exceed 15 percent of the floor area of said principal structure . Source : Ordinance No . 59 , 4th Series Effective Date : 5-14-31 0. Commercial recreation , minor . P . Animal hospitals and veterinary clinics . Source : Ordinance No . 158, 4th Series E"=r`ive Date : 1-31-85 Q . Class I day care facility. R. Class II day care facilities when not located in the home of the day care provider . Source : Ordinance No . 264 , 4th Series Effective Date : 5-26-89 Source: Ordinance No . 279 , 4th Series Effective Date: 12-1-89 31U-9 (12-1-39) Subd. 4. Lot Area, Height, Lot Width and Yard Require- ments. A. The floor area ratio shall not exceed L to 1. B. Front yard setback : 30 feet. C. Lot Width: 100 feet. D. Minimum lot area: 1 acre . Source: Ordinance No. 31, 4th Series Effective Date: 10-25-79 E. dear yard setback: 30 feet, except that where there is an abutting rail- road spur , the rear yard setback shall be 20 feet . Source : Ordinance No . 279 , 4th Series Effective Date : 12-1-89 F.. Side yard setback: 1 . 15 feet normal . 2. 50 feet when abutting R District. 3 . 0 feet when abutting railroad . Source: Ordinance No. 96, 4th Series Effective Date: 11-11-82 Subd. 5. Performance Standards. A. Acceptable Building Materials. (For applicable provisions , see Section 11. 60 , Subdivision 5) . B. Required Parking Setback. (For applicable provisions , see Section 11 . 60, Subdivision 6) . C. Landscaping Requirements. (For applicable provisions , see Section 11 .60, Subdivision 7) . D. Screening. (For applicable provisions , see Section 11 . 60 , Subdivision 3, Subparagraph D) . 1. Roof Top Facilites . (For applicable provisions , see Section 11.60, Subdivision 3, Subparagraph D, Item 1. 2. Parking Areas. (For applicable provisions, see Section 11 . 60 , Subdivision 3, Subparagraph D, Item 2) . 3. Outdoor Storage and Trash Handling . (For applicable provisions , see Section 11 . 60 , Subdivision 3 , Subparagraph D, Item 3) . 4. Loading and Service Areas. (For applicable provisions , see Section 11.60, Subdivision 3, Subparagraph 0, Item 4) . Source : Ordinance No. 246 , 4th Series Effective Date : 6-17-88 313-10 (12-1-39) EXHIBIT E C3MO August 20, 1992 Will as.F Mr. Lindberg S. Fkola THEUNIVERSAL City of Shakopee 129 East First Ave. COMPANIES, INC. Shakopee, MN 55379-1376 = E CR.NOR=wos.. ._. _ ears TELEPHONE6'e>•,,.F- RE: Variance Request - Universal Forest Products, Inc., 1570 East Highway 101, Shakopee Universal Forest Products,Inc. A nationwide net vvork of PP�r Mr. FJCOld: building material distribution centers,manufacturing facilities and wood treatment pants Enclosed pleae-P find the information you requested and the serving the housing,commer- cial additional filing fee. and industrial markets.coeur BeleeEACTUNMG n DISTW auTION CENTERS ncwncr Universal is x• this request in order to retain in its ChaneierP.MA struggled in this location Eal Chancier P.2 Az current location. Universal has car°"'MR.AA Coma".PA becatcn it is limited to solely distribution operations. Grange Tx Granger IN Gu:".AL _ In order to be successful, Universal believes it needs to Mo"morVar c add a wood preservation facility to meet the needs of the Moura.GA public for this product. Sa15,555,55a55 o•::=.r. anc Shsna.00e. MN so,-u-,ca We believe the existing site is very well suited or a w r`a,' preservation facility, and our n<P will not increacP the 450,mCUa•"CR noise or can=e any nuisance to neighboring lard odners. v./001)TREATMENT FAC,O➢ES Auornoau M Go�u r Since the land is currently zoned light industrial, we are ca..,e ;.:2A requesting that we be permitted to put a wood preservation facility in an area of our property where it is least Saran ara.":"='n' n.° GF likely to impact adjacent land nope We would also be 'ca willing to draft a "flexible" variance which would enable Universal Restaurants,Inc. us to we leave the property adjacent to the residential A inti-unit group m food area in alight industrial category and use it for storage service tmcsanet c" v+nh varied atmosafL-res and only, while the lard adjacent to other industrial property menus ded,cateb to satisfying would be uccd for the actual wood preservation operations. our guests and tD continued growth of our erns':gees. We have attached a description of the wood preservative and ,a LEr^E a .N RESTAURANTS tMER the prrrrsc utilized to apply the preservative. �an,no•"e.P. Do not eaR:eoee, Lr_ Thank you for your consideration of this request. Har sourg.n .,ire PA hesitate to contact us if you have any questions. Kaa�oo „� rgeroPFz Very y yours, <>ernes mi PONae LI, W.veare FT WW^Ya*PA Yc Matthew J. ssad Universal Properties,Inc. Vice President Operations Compliance The development and management of the real MJM:cah estate trust of the Universal Compan=_s. Attachment OVERVIEW OF WOOD 1RFA'i4ID'Tf Pfd The proposed installation will consist primarily of a treatment facility for application of water borne chemical preservatives to wood products. The chemical preservative used in the treatment proress (chromated mer arsenate or "OA") bents "fixed" in the wood product during the treatment, curing and drying processes. The preservative is applied via a closed cycle system that recycles water and reuses the process solution so no waste or effluent is created or discharged. There is no discharge of waters that have are into contact with the treatment chemicals or the treated wood product. All process waters are recycled back into the systemvia a collection sup and reused in subsequent treatment cycles. The system design is sudor that there is sufficient volume to hold the contents of all the storage tanks in an emergency. The installation will also include a storage (conditioning) area for the treated wood product prior to transfer off site. This area will be covered to eliminate rainfall frau coning in contact with the wood and will have concrete flooring to contain drippage. Under Company policy, all treated lumber must be stored in this curbed, impermeable concrete conditioning area for a minimax of 24 hairs or until all drippage has ceased. Any preservative kickback is gravity drained to an interceptor pit and then returned to a recycle water tank, thereby maintaining the integrity of the closing system. ohakopee Village EXHIBIT F Homeowners Association. Inc. psYSWIIIMItiiatitkaii • Shakopee. Minnesota 55379 P. 0. Box 31 TO: THE PLANNING COMMISSION OF THE CITY OF SHAKOPEE, MINNESOTA RE: UNIVERSAL FOREST PRODUCTS, INC. 'S REQUEST TO REZONE OR, OBTAIN A VARIANCE, OR, OBTAIN A CONDITIONAL USE PERMIT THAT WOULD ALLOW FUNCTIONS ON THEIR PROPERTY THAT REQUIRE AN (I2) HEAVY INDUSTRIAL ZONING. Shakopee Village Townhomes is a complex of (65) sixty-five,exclusivelY residential, townhomes that are primarily family owner occupied. Many of these units have young children living in them. "Shakopee Village" has its largest common grounds area adjacent to "Universal 's" land. these common grounds are used extensively as a playground for young children. The residents of Shakopee Village Townhomes are very concerned that rezoning adjacent property could result in 1. dangerous conditions for the children. 2. Heavy equipment and vehicle traffic. 3. Use and storage of dangerous chemicals. 4. A considerable decrease in property values. 5. Unsightly appearance. 6. Who knows what else. We the undersigned residents of Shakopee Village Townhomes believe it would be very poor planning to allow Heavy Industial usage, now or in the future, adjacent to an exclusively residential area and therefor strongly oppose the requested rezoning to (12) Heavy Industrial. SIGNATURE UNIT DATE C. A.,2":111-1NO 27�G/9,2 I ,,Loittar e. • ' 2 14D1 b' /2-9�� ' , Fes_ %- 1 �4 v {G�� el SS• S '21/ Thhen ,� T-•,,0, ISO ? Cp i ,' I- 0 6 �c /A---,-;$ G• -. l � 2 • za672-- 4 «1l 4 ' 7 Al,. < 57/6/'A ilii- #,( - / o9 YEA Ave. �361Gc7. )hakopee Village Homeowners Association, Inc. 31839YtlNtligX[1talk • Shakopee, Minnesota 55379 P. O. Box 31 • SIGNATURE UNIT DATE 7 -.. r6 - 9-�. —a . o 'Acimn.d2t 330 r��-NN -wails?, K-a.6 -`Ta- ..- 1Z V 2P;1/4,-)4//7-,..-: Y—Z6 -4 "-- L t '' 9 2 i cc 7j«r 3:-Ly Sym .v�F ,� - z6 —,"z _,O C,2,4.t « 3f.a Skcw _ T . V-a& - a. ' I•LI,U-4-- 70 . d Ui , M k'--� i z , f /,4!. , ///3exr'2 t0,r < 24 -�� 'd' 0 Lm„,_ Vii- : -2X-iz iffi/Ll/9/t .4g,c3 6/-24.7°,. , Y� . � Ga . k g- C- o,C. 30\k . Vab�ga - ,< 4-- x106 / 4T &2� yam` /3// - -,2s- L 2QL ( -a62 ('x Ni\ S\ At;:::. (4,a4/ 7- ,)-h-9 Z 4nm/s/p�(�� //,rnnl 20R 2�-2& X7) G�'7 Mb A. .4 . /j 3`/ 7 I- 5a -?2 iJ� 333 n - 3i) --Yz �(lin/l. l/-)1`13° 3n /J/'a t( 'A,JJ KI3c109 Ohakopee Village Homeowners Association, Inc. X31I317i`(8®fi AtiLYdfKlRNIN • Shakopee, Minnesota 55379 P. 0. Box 31 TO: THE PLANNING COMMISSION OF THE CITY OF SHAKOPEE, MINNESOTA RE: UNIVERSAL FOREST PRODUCTS, INC. 'S REQUEST TO REZONE OR, OBTAIN A VARIANCE, OR, OBTAIN A CONDITIONAL USE PERMIT THAT WOULD ALLOW FUNCTIONS ON THEIR PROPERTY THAT REQUIRE AN (12) HEAVY INDUSTRIAL ZONING. Shakopee Village Townhomes is a complex of (65) sixty-five,exclusively residential , townhomes that are primarily family owner occupied. Many of these units have young children living in them. "Shakopee Village" has its largest common grounds area adjacent to "Universal 's" land. these common grounds are used extensively as a playground for young children. The residents of Shakopee Village Townhomes are very concerned that rezoning adjacent property could result in I . dangerous conditions for the children. 2. Heavy equipment and vehicle traffic. 3. Use and storage of dangerous chemicals. 4. A considerable decrease in property values. 5. Unsightly appearance. 6. Who knows what else. We the undersigned residents of Shakopee Village Townhomes believe it would be very poor planning to allow Heavy Industial usage, now or in the future, adjacent to an exclusively residential area and therefor strongly oppose the requested rezoning to (I2) Heavy Industrial. SIGNATURE UNIT DATE �G 371 '-.50-9..-- �� ,, :t - 92 51- 3a -� o_Kc4e�zh afla 8- czo- 9a ti VVI / G, k"3` " y 2_ CIL;7.:47t-) 3ia r/5 - s2 ti 329 G / 9�' �Q� Say I / — %.z tn ICdimo, .t.,, 3/1/ %— / — n— D/c/ ,/ - 7Z whakopee Village Homeowners Association, Inc. 3189103/1919999011991 • Shakopee, Minnesota 55379 P. 0. Box 31 A SIO URE UNIT DATE L61-12 °-e � --Ir•Th )hakopee Village Homeowners Association, Inc. 4164IMM tliataktil • Shakopee, Minnesota 55379 P. 0. Box 31 TO: THE PLANNING COMMISSION OF THE CITY OF SHAKOPEE, MINNESOTA RE: UNIVERSAL FOREST PRODUCTS, INC. 'S REQUEST TO REZONE OR, OBTAIN A VARIANCE, OR, OBTAIN A CONDITIONAL USE PERMIT THAT WOULD ALLOW FUNCTIONS ON THEIR PROPERTY THAT REQUIRE AN (12) HEAVY INDUSTRIAL ZONING. Shakopee Village Townhomes is a complex of (65) sixty-five,exclusively residential , townhomes that are primarily family owner occupied. Many of these units have young children living in them. "Shakopee Village" has its largest common grounds area adjacent to "Universal 's" land. these common grounds are used extensively as a playground for young children. The residents of Shakopee Village Townhomes are very concerned that rezoning adjacent property could result in I. dangerous conditions for the children. 2. Heavy equipment and vehicle traffic. 3. Use and storage of dangerous chemicals. 4. A considerable decrease in property values. 5. Unsightly appearance. 6. Who knows what else. We the undersigned residents of Shakopee Village Townhomes believe it would be very poor planning to allow Heavy Industial usage, now or in the future, adjacent to an exclusively residential area and therefor strongly op/�•-e the -.uest•d rezoning to (I2) Heavy Industrial. SIGNAT ''I - / UNIT DATE / a// /o / l EL-- ,1 -716 Lt I c/:2-6/7 z tit- 14° 3 4,1-( c/2_4/9_7 11_9 33? L -y� al? a-3c 2(2-ciz 246c-be,cE ,� 3 3 ! -��, X-)-, -4. 7i e. ty 0 3/ -92 3sZ5 — £-al -9;2 , — 3ai s a6 - sa 14hakopee Village Homeowners Association. Inc. 318W(SkiM i'iU lIL( • Shakopee. Minnesota 55379 P. 0. Box 31 SIGNATURE UNIT DATE <9 <, �0^ 3141 = =9a 1\ ipelom A 313 g'-Iw-4,9 (� /tv c90,57p o Ew 4, d6 J 3 iin to: C�� tak, , r 5 ;4.6.,„/•-,r-ufil J' m u 2 b -733 I`}a-Get& 1/44is -iwci, -(r `S- - q D- s-6,,j -, i,✓f 4.,-, ior%S t.wha2. '71-- `;-7fc ' ' %,- i U;,,: 3-7 n _, "ek ? - 22 - 1t \: < 1.)74..._ 4orfear, ^ i c7fi—9� I. //r V611\A-Tp �eQP IiV ';SIL S\la'\.a`YICP ,fs-fie-'D 6�`OA (1)lQl CA JO d--),. ,SkavrAct R - cR -eD— ,Sorb rIii 5 366 SI\awv`,--- ... dhc- ;i -Ji - 2-Z ( c Ie/ 3 0 C- . 114o,,_ -k ,- . _ :2 _,F cc, dr P4a 3 :2,- S)1' r nEc 4r • 14 '`/2_ ` CS1'N/1'VA 4 ', 1 . 14I . 4 Com - Cg- 30- 9ia.._ IV-Pi - "61Z . /.A a g 7 . t-n i `1-t6( ft-Aii- �a /f_ %/}/err. 1.: S'//Nh aY'�' t //i�-4A6E Y'aw/I N""`E,cEEEBn A � � 1rn,.Ly N, . Ts f / N i. B 1 r• R u n ..r. 1.2.7.4_- " SUBJECT SITE r _.W._ .B2 r . . - - - -, R4 AG AGRICULTURE i • R1 RURAL RESIDENTIAL R2 URBAN RESIDENTIAL ° ` , R3 MID—DENSITY RES. R4 MULTI FAMILY RES. F 1.:7:;:::`,. f` B1 HIGHWAY BUSINESS .. 11 B2 COMMUNITY BUSINESSi .Tts %Z. .s.%C 11 LIGHT INDUSTRIAL x;. 12 HEAVY INDUSTRIAL S SHORELAND FLOODPLAIN DISTRIC , —•—•• MANDATORY PUD a RTD RACETRACK DISTRICTI Zoning Map City of SHAKOPEE . ,. . . , MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Ice Arena DATE: September 9, 1992 INTRODUCTION: On August 18, 1992 the Shakopee City Council tabled action on selecting an architect for the Ice Arena Project. Council requested further information from staff in regard to the following issues: 1. The dynamics of a potential lease agreement between Valley Ice Arena Inc. and the City of Shakopee. 2 . Financial proforma from other ice arenas similar to what was being proposed by the Shakopee/Prior Lake Hockey Association. BACKGROUND: Staff has been attempting to obtain financial information from other ice arenas comparable to the facility being proposed for Shakopee. Shown in attachment #1 is a portion of a study that was completed by Springsted Inc. for the City of Chanhassen. The focus of the study was to determine whether or not it would be feasible from an operational stand point to construct an ice facility in Chanhassen. Note that the study was completed in 1989. While the study is somewhat outdated, I believe it still gives a fairly accurate picture of the operational costs associated with several facilities throughout the metropolitan area. Over the past three weeks I have been attempting to obtain more updated information from the cities analyzed in the Springsted study. Additionally, I have been attempting to obtain financial information from cities that have facilities more closely akin to what is being proposed in Shakopee. These cities include Farmington, Mound and Buffalo. I hope to have more of the financial information available at our meeting on Tuesday. POTENTIAL LEASE AGREEMENT The City Attorney has been researching options that could be developed to provide the City with as much protection as possible in terms of future operational costs for an ice facility. There is no question that the City of Shakopee has the authority to enter into an agreement with Valley Ice Arena Inc. Valley Ice Arena Inc. has been created as a non-profit organization. The primary question of concern relates to the assurance that the facility will be operated in such a fashion that it is in the best interest of the City of Shakopee. Additionally, Council has expressed concern regarding the future operational costs and maintenance issues as they relate to the facility. Staff believes that it would be possible to request Valley Ice Arena Inc. to supply the City with a performance bond or letter of credit to provide the City with financial security in the event of a default on the part of Valley Ice Arena Inc. These issues need to be addressed in greater detail prior to proceeding with the project. COMMUNITY SURVEY On several occasions over the past two months concern has been expressed by several Councilmembers in regard to taking action on the ice facility prior to reviewing the results of the community survey. Last month I reported that the survey consultant would be prepared to present survey results to City Council on September 22, 1992 . I would like to request City Council to select a Committee of the Whole meeting date for the purpose of presenting the community survey results. At this time, September 22nd is not a viable option due to a conflict that Bill Morris has with his schedule. September 29th is a viable date for Mr. Morris. ALTERNATIVES: ICE ARENA 1. Discuss the information presented by City staff in regard to the financial proforma and lease possibilities and table any further action on the Ice Arena Project and architect selection until October 6, 1992 . 2 . Table action on the ice arena issue until a later date. 3 . Direct staff to terminate any further research on the ice arena issue. SELECTION OF A MEETING DATE TO PRESENT COMMUNITY SURVEY FINDINGS 1. Select September 29th for a Committee of the Whole meeting for the purpose of hearing the results of the Shakopee Community Survey. 2 . Select some other date for the consultant to present the community survey findings. STAFF RECOMMENDATION: ICE ARENA Staff recommends alternative #1. MEETING DATE Staff recommends alternative #1. ACTION REOUESTED: ICE ARENA Discuss the information presented by City staff in regard to the financial proforma and lease possibilities and table any further action on the Ice Arena Project and architect selection until October 6, 1992 . MEETING DATE Select September 29th for a Committee of the Whole meeting for the purpose of hearing the results of the Shakopee Community Survey. le ICE FACILITY White Still- Bear Eden Chaska Hastings water Lake Prairie Chanhassen Facility: ISchool Athletics Yes Yes Yes Partial Yes No Seating Capacity 1,000 1,000 1,000 300 1,165 Minimal Concessions Yes Yes Yes No Yes No Months of Operation 7 6 8 10 11 7 0 Rate/Hour $85 $78 $75 $80 $80 $75580 Revenues: IRental $123,000 $110,000 $115,000 $167,000 $199,000 $ 90,000 Other 12.000 35.000 35.000 28.000 — 5 000 ITotal Revenues $135,000 $145,000 $150,000 $195,000 $199,000 $ 95,000 Less: Expenditures 1161,000) 1144,000) 1159,000) (245,000) (32,000) 1115000) 1 Operating Income $(26,000) $ 1,000 $ (9,000) $(50,000) $167,000 $(20,000) • Debt Service (147,000) 0 Other Income (Expenses)I (5,000) 85.0001 0 — Property Taxes 82,000 151,000 0 Capital Outlay (19,000) (7,500) Depreciation — (31.000) (7,000) (35,000) 0 INet Income $(26,000) $ 47.000 $(35,000) $ 4,000 $167,000 5(27,500) I1 General Fund transfer. I I I I I I CITY OF FARMINGTON, MINNESOTA FINANCIAL PROFILE OPERATIONS HISTORY 1988 1989 1990 1991 Actual Actual Actual Actual Operating Revenues: Ice Rental 117, 172 105,870 106, 984 109, 350 Other 39, 345 43 .717 37. 917 42 .871 Total 156,517 149,587 144,901 152,221 Operating Expenses: Ice 121, 653 144, 595 162 ,252 163,288 Contingency -- -- -- -- Total Oper. Expenses 121, 653 144, 595 162 . 252 163 ,288 Total Oper. Income 34 ,864 4,992 (17, 351) (11,067) Before Depreciation Depreciation (17 , 109) (17, 713) (19, 329) (22,865) Operating Income 17, 755 (12, 721) (36,680) (33, 932) Non-Operating Income: Interest -- 421 -- -- NET INCOME (Loss) 17,755 (12, 300) (36, 680) (33 ,932) Transfers in Gen Fund 1,881 -- -- -- Add Depreciation charged to Contributed Equity 13 , 566 13 , 566 13 ,566 13,565 Income Closed to Retained Earnings 31, 321 3, 147 (23, 114) (20,367) Retained Earnings 1/1 42 , 699 74, 020 77 . 167 54 ,053 Retained Earnings 12/31 74, 020 77 , 167 54, 053 33, 686 pic{ -lo rt.,: //u. CITY OF MINNETONKA, MINNESOTA FINANCIAL PROFILE OPERATIONS HISTORY 1989 1990 1991 1992 Actual Actual Actual Budget Operating Revenues: Ice Rental 448, 512 486,293 505, 410 528, 000 Games & Other 90, 565 75, 096 63, 939 47, 000 Total Ice Recreation Total Total 539, 077 561,389 569, 349 575,000 Operating Expenses: Personal Services 199,240 228, 211 251,528 259, 100 Other 207, 617 201,176 250, 338 230, 100 Total 406,857 429,387 501, 866 489 , 200 Operating Income 132, 220 132, 002 67, 483 85,800 Depreciation 43, 783 45, 590 53, 943 56, 000 Other Income (Expenses) : Capital Outlay 22, 550 -- 46, 048 32,000 Transfers -- 15, 000 55, 000 55 . 000 Total 66, 333 60, 590 154 ,991 143, 000 Net Income 65, 887 71 ,412 (87 , 508) (57 ,200) NOTE: Ice rental rate: $90.00/hour IlID MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Presentation by Intra Design for New City Hall Furniture and Authorization to Bid DATE: September 11, 1992 INTRODUCTION: Representatives from the City's interior design consultant firm, Intra Design, will give a presentation to the City Council on furnishings, fabrics, systems furniture, signage and a budget breakdown. BACKGROUND: The last major bid package to be let for the new City Hall will be for furnishings and systems furniture. Examples of the types of chairs that are being recommended will be available for City Council review as will a selection of fabrics to be used and colors for the renovation project. Subsequent to the answering of Councilmember questions it would be appropriate to authorize the bidding for package #3 which is the furnishings and signage. ACTION RECOMMENDED: Move to authorize Intra Design to bid the furnishings for City Hall on behalf of the City of Shakopee. 118 INTRA ESIGN DATE: 979/92 TO: Shakopee CRyCounci FROM: ttra-Design,tnc. CLIENT:CITY OF SHAKOPEE CITY HALL PREUMMA 1Y BUDGET- Fumishings,rSsed 9/9/92 Based on floor Hen dated 8/21792 Total $ 205,000 NOTES: This budget does not include the]dowing: • Fie Cabinets(new) • Phone system • Office nach*les end equhpnet(i.e.,computers,tax,caplets,cot/ee machines,etc.) • Auco-sideo equipment • lase elan eous(i.e.,waste baskets,persmsl desktop Items,derdng of masti'g draperies) 1145 MERRIFIELD COURT SHAKOPEE.MINNESOTA 559]9 i612 45.5884 Preliminary Budget,Based on floor plan dated 8721192—Page 2 From: Infra-Design,Inc. 9/9192 PRIVATE OFFICES& )RKSTATIONS: ROOM OTY ITBA EST.COST [revised 9/9/92) ACTUAL COST 106 21 Guest Chairs Reupholstered 109 2 yds fabric @ 60.00/yd 2,520 110 tabor@ 100.00/ea 2,100 111 112 115 117 118 202 208 Refinish ortouch-up3conference tables end 21 guest chairs 1,500 Nese done ous Iterate,sate door,microwave,refdgeator purchased from Marquette Bank 9,500 114 1 U-shaped vorkMarion ah ret un and credenza with let oat Res 2,150 114 1 Overhead storage tint,pullout keyboard platform,pend drawer, turd bookcase unit 1,222 112 1 U-shaped,perrirnsutatop work surface with return&credenzaMth laterSOes 1,888 112 1 Overhead storag e fiat,pullout keyboard plait ern 790 109 3 60"x 30"p edestal desks,fermate fnishid 110,111 center drawers @ 690/ea 2,070 106 6 66"x30-pedestal desks,laminate irishvfreturn 115 &center drawer @ 950/ea 5,700 118 131 132 208 103 18 Stacker guest cheats@ 130.0Wea. 2,340 Tempo-grd.27-blueberry 104 128 131 132 200 201 202 204 114 1 48"Round tables',1laminete tops @ 350.00/ea 350 Pretminery Budget,Based on floor plan dated 8/21192—Page 3 From: ntraDesign,Inc. 979/92 PRIVATE OFFICES AYNORKSTATKINS: ROOM QTY RBA EST.COST (revised 9191921 ACTUAL COST 103 30 TaskChairs@$388-678/ea 14,250 106 Tempogrd/27-blue berry 109 110 111 115 117 118 121 125 129 131 132 200 201 202 204 208 112 1 Exec uUveli-beckstiivdtit eh*@456.00/ea. 456 Tempo-grd.S 27-blueberry 114 1 Executivell-becksMyaltit chair grd.031 @512.00/ea. 512 114 5 Casteredchairs tempo-grd827teal @475.00/ea 2,375 103 17 Panel Systems-work stations @ 3,600.00/ea+draMng fee 63,700 117 Govt.contract.,ndudes union labor/orinstallation 121 129 200 201 202 204 104 9 30"x72"rectengS&tad esvlfeminetetops @230.007 2,070 106 110, 111, 118,202 115 1 30"x60"rectangular tabl e vflamde top @ 207.00 207 112 1 End Table @ 250 250 106 8 36"x12"x36"Bookcases f3shelves)@220/ea 1,760 109 110,111 115,118 131,200 Prebninery Budget,Based on floor plan doted 8121792—Page 4 From: titre-Design,Inc. 919192 PRIVATE OFFICES&WORKSTATIONS: ROOM QTY RBA EST.COST (revised 9197921 ACTUAL COST 103 2 Counter Stools gird.27 @ 305.00/ea. 610 112,118 4 36"x12'x 60"Bookcases 15shelves)@300fea 1,200 121,128 207 6 36'x12"x60"Bookcases(5shetves)foriMsry@ 300/ea 1,800 208 122, 20 Metal 3bettingfor permanent record Stoiage@340.001 ea 8,800 123 COUNCIL CHAMBERS ROOM QTY RBA EST.COST (revised 9791921 ACTUAL COST 124 45 Stack erAadenceChairs @ 130.00/ea. 5,850 Tempo gird.27-teal 124 7 11-back Executive sirAvel tit chairs @ 512.00/ea. 3,5M fabric rJ 3090 gird. 30 color:LG-516 124 5 Low-back Executive raveltit chairs @490.00/ea. 2,450 fabric/3090 gird. 30 cola:LG-516 RECEPTION SEATING ROOM QTY RBA EST.COST (revised 9191921 ACTUAL COST 101 1 Sofa 2,297 101 1 Lounge Chair 1,405 101 1 Lamp Table,24-x 24" 290 LUNCH ROOM ROOM QTY ITEM EST.COST (revised 919/921 ACTUAL COST 010 10 StackerCheYs @ 125.00 ea. 1,250 Fabric-Skeet. gid.26peach41v' 010 2 48"Round Tables+dlerr11etetops @350.00/ea 700 COLIIMlRNTY ROOM ROOM QTY ITEM EST.COST (revised 9191921 ACTUAL COST 018 Use enaatingcouncllchsmbersaureencecheks Prekninery Budget,Based on floor plan dated 8121:92—Page 5 From: tlraOesign,Inc. 919192 MISCELLANEOUS ROOM QTY ITBA EST.COST 110,111, Pul out keyboard platforms @ 65.00/ea (revised 919/ 2)1ACTUAL COST 208 101,102 YrtrndowTreatmentsflabby only) 3200 101,102 Installation of wIndowtrethrrerrts 250 60 Interior Signage @ 130.00 ea.) 7.800 3 Overhead signage @ 175.00ea. 525 101-. Installation of signage 350 At 4800 103 1 CustomTable(Eng/planning/bldg.) 30 ChaiMats @ 35.00/ea 1,050 103 Electrostebc printing of Nes.eAerie/&edges only 6,500 Accessories: i.e. Entryrugs,desk lamps,coat hooks 5,000 Subtotal 175,616 ApproAmatefreight&defivery(approx. 10%of materiels) 17,561 Approdmate sales tax(6.5%of meterieh) 11,415 Told 205,000 IIG MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Award of Bids for City Hall Renovation (Bid Package #2) DATE: September 11, 1992 INTRODUCTION: Last month the City Council authorized the Bossardt Corporation to advertise for bids for the renovation of the new City Hall. It is appropriate to award these bids at this time. BACKGROUND: The bids for the renovation of the new City Hall were opened on Thursday, September 10th. And that a significant number of bids were received the analysis of these bids was not available in time for inclusion in the Council packet. The recommendations on the bids will be placed on the table at the City Council meeting. RECOMMENDATION: It is recommended that the City Council review the bids received and make the appropriate bid awards. ACTION REOUESTED: Move to award the various bids to the appropriate contractors for the renovation of the new City Hall. i ri.--], 11c, p1►21 LJ I „"vn UT coKr(n.1i IUs P,"urr.ionei( H`n b_nn!''(I iSeptember 15, 1992 ICity Of Shakopee 129 East First Avenue IShakopee, Minnesota 55379 ATTENTION: Mr. Dennis Kraft 1 RE: SHAKOPEE CITY HALL RENOVATION RECOMMENDATIONS FOR CONTRACT AWARDS 1 . Dear Mr. Kraft: Based on the bid results and results of our pre-award I conferences with the apparent low bidders, we are making recommendations for award of the following trade contracts. I We are pleased to report that very few irregularities were found in the bids received, and the contracts are tracking $7,054 under construction budget. II We have also enclosed bid results, with a copy of the proposal from each contractor recommended for award. A summary of our recommendations for award is as follows. IlEach of these contractors was the low bidder in their category, unless otherwise noted. (Contracts marked with and I asterisk are recommended contingent upon the results of the pre-award conference by Bossardt Corporation. ) E1. SELECTIVE DEMOLITION - William Kranz Construction, Inc. Base Bid $ 16,489.00 li Performance/Payment Bond $ 247 .00 Contract Sum $ 16,736.00 II 2. CAST-IN PLACE-CONCRETE & UNIT MASONRY - No bids received. We will obtain competitive bids for City approval. We anticipate recommendation of award for this trade contract II on September 22, 1992. II I II -mn V,an,B,nJe.nrd - Sun aJuO - Him.VI% i40 • 1612)X31.401 - Fa,{612).01-1268 is I Shakopee City Hall I Recommendations for Award September 15, 1992 Page 2 III 3. STRUCTURAL STEEL & MISC. METAL FABRICATION - K & K Fabrication, Inc. li Base Bid $ 1, 642.00 Bond $ N/A liContract Sum $ 1,642 .00 4. STRUCTRUAL STEEL & MISC. METAL ERECTION * - _ I Danny's Construction Company, Inc. Base Bid $ 3,800.00 Bond $ N/A SContract Sum $ 3 ,800.00 5. CARPENTRY - J. Eiden Construction a Base Bid $ 17,980.00 Bond $ 455.00 Contract Sum $ 18,435. 00 6. FINISH CARPENTRY SUPPLY - Classic Craft Woodworking, Inc. I Base Bid Bond $ 36,900.00 Contract Sum $ 37,830.00 0 Note the apparent low combination bid received from Heebink Architectural Woodwork was not responsive to the specified Schedule. We recommend rejection of their bid on those 11 grounds. 7. METAL ROOFING & WALL PANELS - No bids received. IWe will obtain competitive bids for City approval. We anticipate recommendation of award for this trade contract IN on September 22, 1992 . 8. ROOFING * - Dalbec Roofing I Base Bid $ 2, 855. 00 Bond Contract Sum $ 2,855.00 aNote that this contractor has a number of exclusions. If their bid is not responsive, we recommend rejection of bids 111 and rebidding. II II Shakopee City Hall II Recommendations for Award September 15, 1992 Page 3 II 9.& HOLLOW METAL, HARDWARE & WOOD DOOR SUPPLY - 10. K & K Sales, Inc. II Base Bid Contract 9 $ 5, 354.00 Base Bid Contract 10 $ 4, 188.00 N/A II Bond $ 9, 542.00 Contract Sum II 11. COILING DOORS * - JGC Equipment Company $ 6,200.00 Base Bid $ N/A Bond Contract Sum $ 6, 200.00 12. GLASS & GLAZING * - Brin Northwestern Glass Company I Base Bid $ 1,350.00 S N/A Bond $ 1,350.00 Contract Sum 13. GYPSUM DRYWALL - Minuti-Ogle Company, Inc. Base Bid $ 19, 866.00 IBond $ 240. 00 Contract Sum $ 20, 106.00 I14 . TILE WORK - Land of Lakes Tile Company 1� Base Bid $ 18,490.00 �j Bond S 70 2 .00 Contract Sum $ 18,760.00 I 15. ACOUSTICAL CEILINGS * - Ceilings Incorporated I Base Bid $ 3,762.00 S N/A �i� Bond $ 3,762. 00 contract Sum 16. CARPET & RESILIENT FLOORING - Fonder Carpet Service IIIBase Bid $ 39,830.00 Bond S 1 000.00 Contract Sum $ 40,830.00 Pll Shakopee City Hall Recommendations for Award September 15, 1992 Page 4 17. PAINTING & WALLCOVERING - Swanson & Youngdale Base Bid $ 31,480.00 Bond $ 300.00 Contract Sum $ 31,780.00 18. SPECIALTIES - SUPPLY * A. MISCELLANEOUS SPECIALTIES - Lau Sales Company C. TOILET ACCESSORIES SIGNAGE SECTION 10400 Base Bid 18A $ 2, 249.28 ° Base Bid 18C $ 1,923 .40 Base Bid Signage $ 1, 107. 60 Contract Sum $ 5,280.28 SPECIALTIES - SUPPLY B. TOILET COMPARTMENTS - Hauenstein & Burmeister, Inc. Base Bid $ 1.423.90 Contract Sum $ 1,423.90 Note: Bidding 189a pilasters in lieu of 169a. FIRE FIGHTING DEVICES Section 10522 - No bids received. We will obtain competitive bids for City approval. We anticipate recommendation of award for this trade contract on September 22, 1992 . Shakopee City Hall Recommendations for Award September 15, 1992 Page 5 19. PLUMBING, HEATING, & FIRE PROTECTION 20. VENTILATION & TEMPERATURE CONTROL - Gilbert Mechanical, Inc. Base Bid Contract 19 $ 17 ,800.00 Base Bid Contract 20 $ 17,900. 00 Bond $ 700. 00 Contract Sum $ 36, 400.00 Note that the apparent low bidder for Contract 19, Minnesota Plumbing & Heating, excluded Fire Protection and therefore is not responsive to the scope of work. We recommend rejection of their bid on those grounds. Note that Alta Mechanical Contractors discovered an error in their bid for Contract 20 and has therefore withdrawn their bid. The City needs to consider whether to retain their bid bond. 21. ELECTRICAL - Master Electric Company, Inc. Base Bid $ 46,250.00 Bond $ 670. 63 Contract Sum $ 46,921.00 A summary of alternate pricing for your consideration is as follows: Alternate #1 - Room 008, County Prosecution We recommend rejection of this Alternate at this time. Alternate #2 • - Power Assisted Entry Doors (2 each) Automated Entrance Products, Inc. Base Bid $ 2, 683 . 00 Provide Motion Sensor $ 381. 00 I Emergency Override $ INCL. Warranty/Extended Service $ 300. 00 (parts only) 3,364 .00 Subtotal $ 395.00 Master Electric Total Alternate #2 ADD $ 3,759.00 I U Shakopee City Hall f Recommendations for Award September 15, 1992 Page 6 ill Alternate #3 - Air Conditioning Equipment Replacement Alta Ltd. IBase Bid $ 19, 020.00 Alternate #3 $ 300.00 13,705.00 I Bond Less Gilbert Mechanical Contract 19 $$ (18, 100.00) Master Electric $ 1,750.00 111 Total Alternate #3 ADD $ 16, 675. 00 Alternate #4 - Relocate Column at Council Chambers 1,500.00 Allowance for Concrete/Masonry $ 1, 500.00 III K&K Fabrication 1,900.00 Danny's Construction Co. , Inc. $ 900. 00 Minuti-Ogle Co. Inc. $ 512 . 00 I Ceilings, Inc. Total Alternate #4 ADD $ 5,828.00 I Alternate #5 - Revarnish 1st Floor Window Frames Swanson & Youngdale $ 595.00 Total Alternate #5 ADD $ 595.00 I Alternate #6 - Provide Edwards Manufacture fire alarm system in lieu of Simplex specified. $ (650. 001 Master Electric DEDUCT $ 650.00 II Total Alternate #6 We are also requesting that the Council reject the combination 11 bids submitted by Met-Con and KM Building Company on the grounds they are over budget. We will contact them to rebid the Concrete and Masonry portions. II II U I II I 0 I Shakopee City Hall Recommendations for Award September 15, 1992 Page 7 Council approval of the above referenced bids at their September 15, 1992 meeting will allow the Project to proceed on schedule. 0 Thank you, and please call if we can be of further service. Sincerely. /i Wayne,R. Bradley Project Manager WRB:sat CC: City Council (5) Sherrie Consoer Judy Cox Tammy Eaglebull Barry Stock ■ Project File p 1 I i - 1 f /lct MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Updated Application Packets Land Division and Land Use Administration Planning Department DATE: September 9, 1992 INTRODUCTION: At their meeting on September 3, 1992, the Planning Commission recommended that the City Council establish a policy which would require complete submittals for development proposals as guided by the new application packets. BACKGROUND: Staff has prepared a series of new application packets for the various development procedures administered by the Planning Department. The Planning Commission has reviewed the packets and has directed staff to begin using these packets in obtaining necessary information. Attached to this memo are the following application packets. Land Division Administration 1. Preliminary Plat a. Park Dedication b. Wetlands 2 . Final Plat 3 . Minor Subdivision 4. Vacation Land Use Administration 1. Conditional Use Permit 2 . Variance 3 . Amendment to the Zoning Chapter DISCUSSION: With many of the proposals submitted to the City for Planning Commission and City Council review, incomplete submittals are common. Many submittals lack necessary information to make a complete and adequate review. Too often staff has to add information which is required of the applicant by ordinance. Some of these items include things such as property lines and dimensions, required setbacks, location of wetlands, incomplete topography, streets and curbs, etc. As a result, the Planning Commission and the City Council is often required to ask numerous basic questions in trying to obtain the necessary information. Too often it is a perception of the public that only an application and a fee are required especially with the "one-time builders" . The intent of the submission requirements (checklist) , is to clarify what is required in the review process. The requirements are established either by ordinance or by mandates from other governmental agencies (i.e. - Wetlands Conservation Act - Board of Soil and Water Resources) . Staff has established a series of application packets for the various development review procedures. A three part format has been followed for each application packet. This format consists of the following: 1. Information Handout - Explains the various steps involved in each procedure and also provides other general information. 2 . Submission Requirements - A checklist form which identifies all the requirements for a particular process, based on ordinance requirements. 3 . Application - The actual application form which lists the names, addresses and phone numbers and fee information. The submission requirements have been developed in a checklist format. Applicants are directed to check off each item and return their completed checklist with their submittal. The intent of this checklist format is to assist the applicant in providing all the necessary information for each proposal. Over the past several years, the City has been requiring more information with the various applications. Slowly applications have been improving. The use of these packets and requiring complete submittals will greatly improve the quality of submittals in the future. At the beginning of 1993, staff would like to institute a policy of requiring complete submittals based on these application packets. The development of these application packets has required tremendous input and effort from many of the City staff members, especially the Assistant City Planner. Without the perseverance of the Assistant Planner, these packets would not have been completed in such a timely manner. In addition, the purchase of the second computer for Planning staff provided the necessary tool to accomplish this task. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that the City Council establish a policy requiring complete submittals as of January 1, 1993 . Complete submittals will be based on the requirements established in the new application packets. ACTION REQUESTED: 1. Review and comment on the application packets. 2. Adopt the complete submittal policy. PRELIMINARY PLAT APPLICATION PACKET LAND DIVISION ADMINISTRATION City of Shakopee 129 Fast 1st Avenue Shakopee, Minnesota 55379 (612) 445-3650 {PRELPLAT.APP} Original:8117/92 SUBDIVISION PLAT APPROVAL PROCEDURES CITY OF SHAKOPEE 129 East first Avenue Shakopee,MN 55379 (612) 445-3650 PRELIMINARYPLAT APPROVAL 4 -6 WEEKS MEET 1. Pre-application meeting between the applicant and City Staff. These meetings are held the first Wednesday afternoon each month by appointment only. FILE 2. Filing of Preliminary Nat-20 copies (22"x 30"),1 reduced copy(11"x17'),complete application fortes,and pay filing fees. REVIEW 3. City Departmental Review-Routing Departments/Agencies. STAFF 4. Planning Department Consolidates Staff Report,including conditions. REPORT PLANNING 5. Planning Commission reviews and forwards recommendations to the COMMISSION City Council. CITY 6. City Council approves or denies the preliminary plat. COUNCIL APPLICANT PREPARATION FOR FINAL PLAT APPROVAL- time depends on case and applicant. COMPLY At this time, the applicant proceeds to comply with the conditions of preliminary plat approval. This generally includes grading and drainage, landscaping, paving,water,and sewer,and other off-site plan preparation. As the applicant approaches completion of these requirements, he proceeds through the final plat approval process. FINAL PLAT APPROVAL 4-6 WEEKS FILE 1. Filing of Final Nat - 20 copies (22" x 30"), 1 reduced copy (11"x17"),complete application forms,and pay filing fees. REVIEW 2. City Departmental Review-Routing Departments/Agencies. STAFF 3. Planning Department consolidates staff report,including conditions. REPORT PLANNING 4. Planning Commission reviews and forwards recommendations to the COMMISSION City Council. CITY 5. City Council approves or denies the final plat. COUNCIL RECORDING 1 -2 WEEKS FILE 1. Filing of Mylars - Four (4) copies (22"x 30",4 mil) and 1 reduced copy (1"=400'). DEVELOPERS 2. Sign appropriate documents. AGREEMENTS RECORD 3. Record mylars and documents with Scott County Recorder's Office. TRANSMIT 4. Copies of the approved final plat are transmitted to the Building, Engineering and Planning Departments, and Shakopee Public Utilities (PRELPLAT.AYP) Commission. oaLLm1:4l5IRt PRELIMINARY PLAT INFORMATIONAL HANDOUT LAND DIVISION ADMINISTRATION CITY OF SHAKOPEE The process of dividing or subdividing land into home sites, or parcels for other uses, is one of the most important factors in the growth of Shakopee. The Subdivision Regulations outlined in Chapter 12 of the Shakopee City Code establish minimum standards to aid developers and the general public and to ensure that subdivisions are conceived and designed to contribute to an attractive, orderly, and safe community. Ensuring that subdivisions are properly designed is the primary purpose of the preliminary plat approval process. To provide for a timely and effective review by the City,applicants benefit from providing a complete submittal. The Preliminary Plat Submission Requirements checklist has been developed to assist applicants in providing the necessary information. The review of a preliminary plat involves many City departments, as well as local and state agencies. In some cases,applicants may need to contact these agencies directly. PRELIIIHNARYPLAT PROCESS: 1. PRE-APPLICATION MEETING: The applicant is encouraged to make an appointment for a Pre- Application Meeting with Staff to discuss the subdivision proposal. This informal meeting with City Staff may assist you in determining whether or not you should proceed with the project, or make changes in the proposal prior to submitting your application. These meetings are held once a month. The developer should provide a sketch plan with this application and be prepared to discuss general details regarding the proposal. 2. APPLICATION FOR SUBDIVISION: The applicant submits a completed Application for a Preliminary Plat and twenty copies of the proposed preliminary plat, along with all applicable supporting materials, to be reviewed by City Staff. The attached 'Submission Requirements for Application for Preliminary Plat' lists the submission requirements. Also attached is a schedule of meeting dates for the Planning Commission which provides application deadline dates. It is important to submit all of the required materials prior to the deadline date to ensure adequate time to prepare, mail, and publish the public hearing notice, and to provide adequate time for all City Departments and applicable governmental agencies to review the proposal. 3. PUBLIC HEARING SCHEDULED: The Planning Department will review the completed application and preliminary plat, and schedule a public hearing before the Planning Commission. The Planning Commission will hold the public hearing within sixty days of application. The applicant will be notified of this public hearing date. 4. DEPARTMENT / AGENCY REVIEW: The Planning Department will distribute copies of the application and supporting materials to City Departments and applicable agencies or government jurisdictions for review. The review period generally consists of a seven day period; however, review by the Metropolitan Council, Scott County, or other agencies may require additional review time. 5. ADMINISTRATIVE REVIEW: After comments have been provided by City Departments and applicable governmental agencies, the Planning Department will prepare a Staff Report for submission to the Planning Commission in their agenda packets. A copy of the Agenda and the Staff Report will be sent to the applicant. 6. PLANNING COMMISSION MEETING/PUBLIC HEARING: The Planning Commission holds the public hearing. The process for conducting hearings is similar for most forms of applications and is described below: A. Call to Order: The Chair of the meeting will call the public hearing to order and briefly introduce the preliminary plat proposal. Although the time for the public hearing is stated on the agenda, these times are approximate. However, no public hearing can be opened prior to the predetermined time. B. Staff Report: The Chair will request City Staff to review the application and submit their recommendations for action. C. Presentation by Applicant: The applicant may be requested to make a presentation of the proposal to the Planning Commission. If the applicant is asked to do so, he or she should approach the microphone and state his or her name and address so that information will be accurately recorded for the public record. Either the applicant or an appointed representative should be present at all meetings where the proposal is being formally reviewed by the Planning Commission and/or the City Council. D. Public Input: Once the applicant's comments have been presented, the Chair will ask if anyone in the audience wishes to comment, for the record, on the proposal. Questions should be directed to the Chair, and will only be answered if directed to do so by a Commissioner. It is the responsibility of the Chairperson to enforce the procedure for public input. All comments should be made from the microphone, and not randomly called out from the audience. E. Closing the Public Hearing: Once the Chair closes the public hearing, comments may only be received if directed to do so by a Commissioner. After discussion, the Commissioners will vote to recommend to the City Council the approval or denial of the preliminary plat. In the event that the public hearing is continued and their decision is tabled, a specific date will be chosen to continue discussion on the proposal. This is usually done in instances where additional information is required in order to come to a decision. 7. CITYCOUNCIL ACTION ON PRELIMINARYPLAT: Following the public hearing at the Planning Commission meeting, the City Administrator will schedule the date and time that the preliminary plat will be considered by the City Council. Staff will present their findings and the recommendation of the Planning Commission. The applicant or a representative should attend the meeting to explain the details of the proposal. The City Council will consider the proposal and approve, deny, or table the item. 8. APPROVALOF THE PRELIMINARYPLAT: Approval of the preliminary plat by the City Council provides the applicant with a twelve month time period from the date of approval in which to apply for final plat approval. 9. LETTERTO APPLICANT: Following action on the preliminary plat by the City Council, a letter is written to the applicant informing him or her of the Council's action, and reminding the applicant of the one year time frame in which to apply for approval of the final plat. Specific requirements for preliminary plat submittal are identified in Chapter 12 (Subdivision Regulations) of the Shakopee City Code. This ordinance is available for review and/or purchase from the Planning Department. Anyone wishing to subdivide property within the City of Shakopee should obtain a copy of this ordinance. (PafFAT.MPt ones &ism PLANNING COMMISSION AND BOARD OF ADJUSTMENT AND APPEALS SCHEDULED MEETINGS FOR 1992 (Regular Sessions) Application Deadline Discussion Items Variances, Conditional Use Permit P.U.D. 's and Agendas to Scheduled Plats and Rezoning Be Delivered Meeting Date December 16th January 3rd January 9th January 13th January 31st February 6th February 10th February 28th March 5th March 16th April 3rd April 9th April 13th May 1st May 7th _ May .11th- - - May 29th June 4th June 15th July 2nd July 9th (July 3 - City Hall closed) July 13th July 31st August 6th August 10th August 28th September 3rd September 14th October 2nd October 8th October 12th October 30th November 5th November 9th November 27th December 3rd (Nov. 26 is Thanksgiving) (Nov. 27 - City Hall closed) SUBMISSION REQUIREMENTS FOR APPLICATION FOR PRELIMINARY PLAT The following checklist has been provided to assist applicants in providing the necessary information. Please make a check mark in all boxes under the "Applicant"column of the corresponding requirement. If the listed requirement is not applicable,please note reason(s) in the left hand margin. Applications for Preliminary Plat Approval must have the following information included: Applicant Submitted 1. Completed Forms: ❑ ❑ A. Application for Preliminary Plat Approval. _B. Paid Fee. C. Major Subdivision Plat Additional Information Worksheet. D. Park Dedication Requirements Worksheet. E. Application for Wetlands Regulation Permit. F. Permits Required Worksheet. ❑ ❑ 2. A list of the names and addresses of property owners within 350 feet of the exterior boundaries of the proposed plat from a Certified Abstract Firm. 3. Plat drawings, maps or plans which will ❑ ❑ illustrate the requirements established in Section 12.04 and other applicable City Codes: A.Preliminary Plat. Twenty (20) prints of the proposed preliminary plat on 22"x30" paper, scaled 1"=100 ' for residential and commercial or 1"=200' for industrial subdivisions. The , preliminary plat must show all rights-of-way, easements, structures, topography, and lot lines within 100 feet of the proposed subdivision. B.Survey. One (1) copy of the survey of the property to be platted prepared and certified by surveyor registered in the State of Minnesota. The legal description of the property must be provided on the survey. The survey should be prepared at the same scale of the preliminary plat. C.Grading, Drainage, and Erosion Control Plan. Two (2) prints of the proposed Grading, Drainage and Erosion Control Plan prepared. For information requirements, contact the City Engineer and the appropriate water management agencies. _D.Utilities Plan. Three (3) prints of the proposed Utilities Plan. For more information, information, contact the City Engineer or the Utilities Manager. _E.Wetlands Delineation Map. Four (4) prints of the proposed Wetlands Delineation Map. For more information, refer to the Wetlands Submission Requirements handout or contact the City Engineer. _F.Soils Map. Three (3) prints of the existing soils classifications as provided in the Scott County Soil Survey if the property is located in the rural service area. For more information, contact the Scott County Soil and Water Conservation District. G.Landscape Plan. Three (3) copies of the proposed Landscape Plan if the property is adjacent to a collector or arterial street. A landscape plan must also be submitted for commercial and industrial plats adjacent to a residential use. Please contact the Planning Department staff for more information. H.Ghost Plat. Three (3) copies of a Ghost Plat if the subdivision is in the Rural Residential (R-1) Zoning District. This plan should illustrate how the subdivision would be further divided if urban services were provided. Future connecting streets to existing County roads or City streets must be indicated on this map. Wetlands boundaries and topographic information must be shown on this plan. Please contact the Planning Department staff for more information. _I.Reduced copies. One (1) copy of all required plats, maps, and drawings reduced to 11" x 17" paper. 4. Identification and Description of Preliminary Plat, including: A.Proposed name of Subdivision; B.North point; C.Legal description; D.Date of preparation; _E.Names and addresses of the owner, subdivider, surveyor, and designer of the plat; _F.Approval of the property owner. 5. Existing conditions identified on the plat, including: A.Boundary line of proposed subdivision, clearly indicated; _B.Existing zoning classifications; C.Total approximate acreage; D.Location, widths, and names of all existing or previously platted streets or other public rights-of-ways, showing type, width, and condition of improvements, if any, railroad and utility rights-of-way, parks and other public open spaces, and permanent buildings and structures to a distance of 100 feet beyond the tract; E.Location and width of all easements and section and corporate lines within the tract and to a distance of 100 feet beyond the tract; F.Location and size of existing sewers, watermains, culverts or other underground facilities within the tract and to a distance of 100 feet beyond the tract. Such data as grades, invert elevations and locations of catch basins, manholes and hydrants, shall be shown only on request; F.Identify by name and ownership boundary lines of adjoining unsubdivided land within 100 feet of the proposed plat; G.Topographic data out to 100 feet beyond the boundaries of the proposed plat, including contours at vertical intervals of not more than 2 feet. Where the horizontal contours are 100 feet or more, a one foot vertical interval shall be shown. Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. ❑ ❑ 6. Subdivision Design Features to be Shown on the Preliminary Plat: _A.Layout of proposed streets, showing right-of-way widths and proposed names of streets. The name of an existing street shall not be used, unless the proposed street is an extension of an already named street. In this case, the name of the existing street shall be used. The layout of the proposed streets shall conform to City design criteria; B.Locations and widths of proposed alleys; C.Locations of proposed public easements, including drainage and utility easements; D.Proposed street and alley centerline profile grades, showing the existing and proposed centerline profile grade lines. Design profiles of proposed streets shall conform to City design criteria; _E.Proposed location and size of storm and sanitary sewer lines and watermains, and proposed gradient of sewer line in accordance with City design criteria; _F.Proposed storm and sanitary sewer point of discharge or connection to existing system and watermain connection or source of supply with all information required in the City design criteria; _G.Basic data regarding lots and blocks, including layout, numbers, preliminary dimensions, and area in square feet for each lot; _H.Minimum front, side, and rear building setback lines, indicating dimensions; _I.Areas (other than streets, alleys, pedestrian ways, and utility easements) intended to be dedicated or preserved for public use, including the size of the areas in acres; _J.Soil percolation and soil boring tests, as well as other pertinent subsurface information, may be required by the City Engineer, especially in rural service areas. Soil percolation and boring tests shall conform to the testing procedures of the Shakopee Sewage Disposal and Treatment Code. ❑ ❑ 7. Qualifications: A. No plan shall be approved for a subdivision which covers an area subject to periodic flooding, or which contains extremely poor drainage facilities which would make adequate drainage of the streets and lots impossible, unless the subdivider agrees to make improvements which will, in the opinion of the City Engineer, provide adequate street and lot drainage. Where downstream drainage facilities are judged to be inadequate, the surface drainage rate and volume may be limited where necessary by the City Engineer. ❑ ❑ 8. Watershed District or Water Management Organization (WMO) Plan Review. Submit one (1) copy of the grading, drainage, and erosion control plan to the appropriate agency for stormwater drainage review: A.Shakopee Basin WMO Peter Beckius, 492-2636 District Soil Conservationist Scott County SWCD 107 Water Street Jordon, MN 55352 ; and B.Lower Minnesota River Watershed District Larry Samsted 445-7993 Itasca Engineering 1221 4th Avenue East, Suite 145 Shakopee, MN 55379 strct C.Prior Lake Spring Lake Watershed District24 Peter Fryer Montgomery Engineering 545 Indian Mound Boulevard Wayzata, MN 55391 D.Sand Creek WHO Peter Beckius 492-2636 District Soil Conservationist Scott County SWCD 107 Water Street Jordan, MN 55352 NOTES: Pursuant to Shakopee City Code,Section 12.03,Subd.4(A),Final Plat application must be made within a one-year time frame from the date of City Council Preliminary Plat approval, or the Preliminary Plat approval becomes null and void. A copy of the City of Shakopee Chapter 12,Subdivision Regulations is available from the City Planning Department for a cost of$10.00. jVRELPAT.APP) Original:6/13193 • APPLICATION FOR PRELIMINARY PLAT APPROVAL CITY OF SHAKOPEE For Office Use Only: 129 East 1st Avenue Date Filed: shakopee, MN 55379 Filing Fee: (612) 445-3650 Receipt No. : Proposed Plat Name: Plat Location: Applicant/Developer: Address: Phone: Current Property Owner: Address: Phone: Consultant/Engineer: Address: Phone: Fee: Base Fee PLUS Acreage or Lot Fee = Total Fee (1992) $200 + acres x $4 = $ (1992) $300 + lots x $6 = $ Applicant is also responsible for all administrative costs and consultation fees incurred by the City, as established in the City's Fee Schedule. Submitted this day of , 19 Applicant/Developer's Signature Property Owner's Signature FAILURE TO COMPLY WITH SUBMISSION REQUIREMENTS WILL RESULT IN THE RETURN OF YOUR APPLICATION FOR COMPLIANCE. (P[ELPLAT.MP) oT__ 'U$2 MAJOR SUBDIVISION PLAT DATABASE WORKSHEET preliminary Plat Information: 1. Current legal descriptions of all parcels (attach on separate sheets 8 1/2" x 11" if too lengthy) . Parcel A Parcel B Parcel C Parcel D 2 . Current 27- 27- PID Numbers: 27- 27- 3 . Property Present Torrens Acreage: Zoning: Property? 4. Existing Use of Property: 5. Proposed Use of Property: 6. Deed Restrictions? No. _ Yes _ If so, attach copies. 7. Has the applicant or property owner sought to plat, rezone, obtain a variance or Conditional Use Permit on the subject parcel or any portion of it? No _ Yes _ If so, when? Request for: 8. Will the proposed plat require any variances from the Subdivision Regulations (Chapter 12 of the City Code) ? Please list and state reasons: iVRFJFATAm d • PARK DEDICATION REQUIREMENTS APPLICATION PACKET LAND DIVISION ADMINISTRATION City of Shakopee 129 East 1st Avenue Shakopee,Minnesota 55379 (612) 445-3650 {PARKD®I.APP) O,Qd:&19192 PARK DEDICATION REQUIREMENTS INFORMATIONAL HANDOUT LAND DIVISION ADMINISTRATION CITY OF SHAKOPEE Pursuant to Winnesota Statutes 462-358,the City of Shakopee does require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public me as streets, roads,sewers,electric, gss, and wafer facilities, storm water drainage and holding areas or ponds, and similar utilities and hnpiovmeals. Park Dedications The City also requires that a reasonable portion of any proposed subdivision be dedicated to the public or preserved forconsenstion purposes or for public me as parks,playgrounds,trails,wetlands,or open space. The City requires that,as a general rule,an amount of land equal in value to ten percent of the undeveloped land proposed to be subdivided be reserved or dedicated to the public for public me for parks,playgrounds, trails, wetlands,or open spam. Should the land required by the City to be dedicated have a greater fair market land value than the average fair market land value of the land in the plat,then the City shall only be authorized to require dedication of an amount of land equal to ten percent of the fair market land value of all the property being planed. Cash Contribution in les of land Dedication The City shall have the option of requiring a cash contribution in lieu of the land dedication. Such cash contributions shall be based upon the total fair market value of the land being subdivided. For the purposes of this Subdivision, 'fair market value" is defined as the market value of the land within the plat or subdivision as of the date it was presented to the Council for preliminary approval. Calculable Fair Market Value. Fair market value shall be determined based upon one of the following methods, which are listed in order of preference: 1. The price the subject land sold for within the past year. 2. An appraisal performed for,or on behalf of,the City within the past year. 3. An appraisal performed for,or on behalf of,the subdivider within the past year. 4. The value determined by the County Assessor in the same manner that he or she determines the market value of land for tax purposes. The fair market value determination shall exclude any value added to the land within the past year by improvements serving the land. Submittal Requirements As a part of the application process a minimum of one of the above fair market value methods must be submitted to the City. No applications will be accepted without this information. Rmlats and Resubdrisiom When land is being replattcd or reaubdivided,and the City has requested and received dedications,then no further dedication shall be required for those purposes unless additional dedications are needed as a result of approval of the replat or resubdivision. When the land has not previously provided dedications or if additional dedications are needed,in the City's sok determination,then those dedications shall be required with the replat or resubdivision. When Dedication is to be Made The dedication of land for park purposes is made at the time of the platting of the land, and any cash payments made in lieu of a land dedication are due and payable prior to the time final approval of the plat is given by the City Council. However,at the request of any party submitting a pht,the Council may enter into a contractual agreement to allow the park dedication payments to be deferred until a building permit is issued For each of the lots within the development. This contract will designate the amount to be paid in lieu of park dedication for each specific lot in the plat,and is filed with the Scott County Recorder as a lien against the property. Written requests for such a deferment must be submitted with the application for preliminary plat approval. If you have any questions on park dedication requirements, please contact the Planning Department staff at 445-3650. pwrq Oat msc PARK DEDICATION REQUIREMENTS WORKSHEET City of Shakopee Applicant Project Name Project Location PH) Numbers Project Size acres Year Property Purchased Purchase Price $ Last Year Property Appraised Appraisal Value $ Scott County Assessed Value $ Will a deferral of the Park Dedication requirements be requested? Yes _No Reasons for deferral request: Written requests for deferrals must be submitted with this application and the application for preliminary plat approval or the preliminary plat application cannot be pr messed. Pte) Orwell 1475192 WETLANDS CONSERVATION ACT OF 1991 APPLICATION PACKET LAND DIVISION ADMINISTRATION City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 (612) 445-3650 {WETLANDS-AM} o, .e 9mi92 ii c •••• m 0• C 2 0 m c 0 m 0= m m 0-D. E- m_r- OE (/ 111 b- O _Ca \ OWo0_ = oE 'c zap c= m LL° o3E t ▪ m = o` � E _mE — mm00L— amt m= m m L - cure; 00mom Z Jo`.� E E m i ca a ri 3. mm m .... ...0 m m m m m m 0 CD 0 E E▪ Ei`� $ mE o. � E • 3mm : 0 O. m = �c'ma oc- EE Ec y ,L m E Z — mm . �0 � 36 � co0m C mm NO u m m rS mm• m ra m m 4'. 00 — aO rS 2JSO m O aE,mOT Om -.. ma am _ mmm=-0 y � O Of m- L L L.. Oa Wm OCm O) mm- ; m l4 m5 om 0. Z� Om`E OE=O'm D _ LLE m LL I v C • i mr 3m . . 1 O - wp zmEto = LL ® m E E -. m c m> €'- PE .- .. : - _eco mo I - 0 E� - am-D - or - 40Om - mOm3 00_ , OI y 0 m� cost mO c = 0 m L 0-i m > 0 m C m Op CL _ m mIcl am \ m O o x . co Til m om.�mW-cao jOc �m D D m 1 * oc- O�mDm Oma E -_ - - =''.� - .. C..•> = Q - - E00 Ts 3"c .. L c9i = ammmmo° m_m - � p0 >. C D m0 moi, mma `Dam� m _ a L O m V 0a� m 0 0 O-,- co c m m po- . m 0 >i oD 0 c m :¢a m Q v m m mzo 0Za > c G 3 DC m 3R'"' ilf: ',1 m a m •'m a nom'-;., C OJ 0Y m mmm - �` — 3 i 00 Of .3- WETLANDS CONSERVATION ACT OF 1991 INFORMATION HANDOUT LAND DIVISION PROCESSES CITY OF SHAKOPEE For many years,wetlands have been considered wastelands,and have beam drained or filled to make way for development and agricultural production. However,over the last few yean, the public has become more and more aware of the important niche wetlands fill in our ecological system. As a response to this growing concern,in the spring of 1991 the Minnesota legislature approved the Wetland Conservation Act of 1991. The goal of the act is a net gain in the number of Minnesota wetlands. The Minnesota Board of Water and Soil Resources (BWSR)is the lead state agency in carrying out many of the administrative aspects of the act. However,local units of government are also heavily involved. The act provides landowners with three new options to preserve or enhance wetlands on their property: 1.) The wetlands preservations option; 2.) The permanent wetland preserves option; and 3.) The Wetland Establishment and Restoration Program. In addition,the act generally prohibits the draining or filling of wetlands unless they are replaced. REPLACEMENT PLAN PROVISIONS: The act generally prohibits draining or filling wetlands unless they are replaced. The replaces nent wetlands must be in the same watershed or county as the original wetlands; however,if the original wetlands are in counties or watersheds in which 80%of the presettlement wetland acreage is intact,replacement may take place in a watershed or county that has lost 50%or more of its presettient wetland The for replacement ratio for cropped land is 1:1. On noncropped land, be rep every one ace drained or filled. People or organizations who wish to drain or fill wetlands must submit replacement plans to the designated local unit of government (LGU). The City of Shakopee has been designated as the LGU for wetlands affected within the City limits. If the City does not approve the replacement plan, the landowner may appeal the decision to the BWSR. If the replacement plan is ultimately rejected, the landowner may apply for compensation through the BWSR. i history, are exempt from the Certain wetlands, depending upon their size, type, and cropping replacement provisions. In these cases,a Certificate of Exemption will be issued to the owner of the property. Ifyou have any questions regarding your responsibilities for compliance with this act for a proposed development or project,please review the attached Submission Requirements for Application to The Wetlands Conservation Act of 1991,or contact the City of Shakopee at(612) 445-3650. tatimwaorwwl SUBMISSION REQUIREMENTS FOR APPLICATION TO IRE WEII.ANDS CONSERVATION ACT OF 1991 The followiagcbaldist has been provided to assist applicants in providing the necessary information. Please make a desk mark in all boxes under the "Applicanrcolwnn of the corresponding requirement If the listed requirement is not applicable,please note reason(s) in the left hand margin. Applications to the Wetlands Conservation Act of 1991 must have the following information included: prPUCANT RIMMED ❑ ❑ 1. Completed Forms: A.Application for Wetlands Regulation Permit; _B.Required fee, if any; C.List of Permits Required from the City for the proposed development; ❑ 0 2. Wetlands Delineation Plan (Scale: 1" = 200' ) . A.Site Plan showing the location wetlands, including Army Corps of Engineers, DNR, and all other wetlands described in the 1989 Federal Manual for Identifying and - - -- - Delineating Jurisdictional Wetlands. B.Grading Plan showing extent of area to be disturbed. C.Plan showing all soil types on proposed development site, and indicating those hydric soils that are potential wetland areas. All wetlands type vegetation should also be shown on this plan. D.A report prepared by a certified wetlands expert, including, but not limited to engineering, biologist, soils engineer, or wildlife expert, outlining the impacts of the development on any wetlands. The wetlands should be field staked for City staff field inspections. _E.Five copies of the Delineation Plan are required. ❑ ❑ 3. Mitigation or Replacement Plan (Scale: 1" = 200' ) . If wetland areas are going to be disturbed by the development or project, a mitigation or replacement plan should be submitted. This plan should include the following information: A.Acres of wetlands being disturbed. _B.Type and quality of wetlands being disturbed. C.Site plan showing the wetlands being disturbed and the proposed replacement areas. Include acres of new wetlands being created, type, and quality of wetlands, etc. (Urban areas require a 2: 1 replacement, and rural areas require a 1: 1 replacement. ) _D.Report discussing the impacts on existing wetlands, type, and quality of new wetlands, proposal for replacing wetlands, schedule and phasing of construction, etc. E.Erosion Control Plan discussing how the wetlands will be protected during construction of the project. ❑ ❑ 4. All other submittals necessary for Preliminary or Final Plat approval, Planned Unit Development approval, Conditional Use Permits, etc. m aw=vim APPLICATION FOR WETLANDS REGULATION PERMIT WETLANDS CONSERVATION ACT OF 1991 CITY OF SHAKOPEE For Office Use only: 129 East 1st Avenue Date Filed: Shakopee, MN 55379 Filing Fee: I (612) 445-3650 Receipt No. : _ BASICEWNA ATION• Proposed Plat Name: Plat Location: Applicant/ Developer: Phone: Address: Property Owner: Phone: Address: Consultant/ Land Surveyor: Phone: Address: 1992 Wetlands Regulation Permit Fee: $ Applicant is also responsible for all administrative costs and consultation fees incurred by the City, as established in the City's fee schedule. Submitted this day of , 19 Applicant / Developer's Signature Property Owner's Signature FAILURE TO COMPLY WITH SUBMISSION REQUIREMENTS WILL RESULT IN THE RETURN OF YOUR APPLICATION FOR COMPLIANCE. ncnwa." PERMITS REQUIRED WORKSIIF.FT CITY OF SHAKOPEE Applicant Project Name _ . Project Location Building Permit Approvals Principal Building Permit Accessory Building Permit Deck and Fence Sign Septic (On-site sewer) Storage Tank Engineering Permit Approvals Work in the Right-of-Way Grading and Drainage Planning Permit Approvals _ Conditional Use Permit _ Variance _ _ Rezoning Comprehensive Plan Amendment MUSA Amendment Major Subdivision _ Minor Subdivision Vacation _ Environmental Assessment Worksheet _ Indirect Source Permit DNR Approval Scott County Environmental Health MPCA Shakopee Public Utility Commission Permit Approvals _ Water Permit Electric Permit twc,Ik oas...I a FINAL PLAT APPLICATION PACKET LAND DIVISION ADMINISTRATION City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 (612) 445-3650 (FlNNFLAAPP) SUBDIVISION PLAT APPROVAL PROCEDURES CITY OF SHAKOPEE 129 East First Avenue Shakopee,MN 55379 (612) 445-3650 PRELIMINARYPLAT APPROVAL 4-6 WEEKS MEET 1. Pre-application meeting between the applicant and City Staff. These meetings are held the first Wednesday afternoon each month by appointment only. FILE 2. Fling of Preliminary Plat-20 copies(22"x 30"),1 reduced copy(11"x 17"),complete application forms,and pay filing fees. REVIEW 3. City Departmental Review-Routing Departments/Agencies. STAFF 4. Planning Department Consolidates Staff Report,including conditions. REPORT PLANNING 5. Planning Commission reviews and forwards recommendations to the COMMISSION City Council. CITY 6. City Council approves or denies the preliminary plat. COUNCIL APPLICANT PREPARATION FOR FINAL PLAT APPROVAL- time depends on case and applicant. COMPLY At this time,the applicant proceeds to comply with the conditions. This generally includes grading and drainage, landscaping, paving, water and sewer, and other off-site plan preparation. As the applicant approaches completion of these requirements, he proceeds through the final plat approval process. FINAL PLAT APPROVAL 4 -6 WEEKS FILE 1. Filing of Final Plat - 20 copies (22" x 30"), 1 reduced copy (11" x 17"),complete application forms,and pay filing fees. REVIEW 2. City Departmental Review- Routing Departments/Agencies. 1 STAFF 3. Planning Department consolidates staff report,including conditions. REPORT PLANNING 4. Planning Commission reviews and forwards recommendations to the COMMISSION City Council. CITY 5. City Council approves or denies the final plat. COUNCIL RECORDING 1 -2 WEEKS FILE 1. Filing of Mylars - Four (4) copies (22"x 30",4 mil) and one (1) reduced copy (1"=400') DEVELOPERS 2. Sign appropriate documents. AGREEMENTS RECORD 3. Record mylars and documents with Scott County Recorder's Office. TRANSMIT 4. Copies of the approved final plat are transmitted to the Building, Engineering and Planning Departments, and Shakopee Public Utilities (nNALPLA.APP) Commission. a1dm1:Nsat FINAL PLAT INFORMATIONAL HANDOUT LAND DIVISION ADMINISTRATION CITY OF SHAKOPEE The process of dividing or subdividing land into home sites, or parcels for other uses, is one of the most important factors in the growth of Shakopee. The Subdivision Regulations outlined in Chapter 12 of the Shakopee City Cade establish minimum standards to aid developers and the general public and to ensure that subdivisions are conceived and designed to contribute to an attractive, orderly, and safe community. A Final Plat is a drawing or map of a subdivision which meets all of the requirements of the City and is in the form required by Scott County for recording purposes. It is developed after approval of the preliminary plat by the City Council. To provide for a timely and effective review by the City, applicants benefit from providing a complete submittal. The Final Plat Submission Requirements checklist has been developed to assist applicants in providing the necessary information. The review of a final plat involves many City departments, as well as local and state agencies. In some cases, applicants may need to contact these agencies directly. FINAL PLAT PROCESS: 1. APPLICATIONFOR SUBDIVISION: The applicant submits a completed Application for a Final Plat and twenty copies of the proposed final plat, along with all applicable supporting materials, to be reviewed by City Staff. The attached 'Submission Requirements for Application for Final Plat" lists the submission requirements. Also attached is a schedule of meeting dates for the Planning Commission which provides application deadline dates. It is important to submit all of the required materials prior to the deadline date to ensure adequate time for all City Departments and applicable governmental agencies to review the proposal. 3. SCHEDULE PLANNING COMMISSION REVIEW: The Planning Department will review the completed application and final plat, and schedule a time for review by the Planning Commission. 4. DEPARTMENT / AGENCY REVIEW: The Planning Department will distribute copies of the application and supporting materials to City Departments and applicable agencies or government jurisdictions for review. The review period generally consists of a seven day period; however, review by the Metropolitan Council, Scott County, or other agencies may require additional review time. 5. ADMINISTRATIVE REVIEW: After comments have been provided by City Departments and applicable governmental agencies, the Planning Department will prepare a Staff Report for submission to the Planning Commission in their agenda packets. A copy of the Agenda and the Staff Report will be sent to the applicant. 6. PLANNING COMMISSION MEETING: The Planning Commission reviews the proposed final plat. The process for conducting the review is similar for most forms of applications and is described below: A. Call to Order: The Chair of the meeting will call the meeting to order and briefly introduce the final plat proposal. B. Staff Report: The Chair will request City Staff to review the application and submit their recommendations for action. C. Presentation by Applicant: The applicant may be requested to make a presentation of the proposal to the Planning Commission. If the applicant is asked to do so, he or she should approach the microphone and state his or her name and address so that information will be accurately recorded for the public record. Either the applicant or an appointed representative should be present at all meetings where the proposal is being formally reviewed by the Planning Commission and/or the City Council. D. Recommendation to the City Council: After discussion, the Commissioners will vote to recommend to the City Council the approval or denial of the final plat. In the event their decision is tabled, a specific date is usually chosen to continue discussion on the proposal. This is usually done in instances where additional information is required in order to come to a decision. 7. CITY COUNCIL ACTION ON FINAL PLAT: Following the recommendation from the Planning Commission, the City Administrator will schedule the date that the final plat will be considered by the City Council. Staff will present their findings and the recommendation of the Planning Commission. The applicant or a representative should attend the meeting to explain the details of the proposal. The City Council will consider the proposal and approve, deny, or table the item. 8. APPROVAL OF THE FINAL PLAT: Approval of the final plat by the City Council provides the applicant with a 180 day time period from the date of approval in which to file the plat with the Scott County Recorder's Office. 9. LETTERTO APPLICANT: Following action on the final plat by the City Council, a letter is written to the applicant informing him or her of the City Council's action. Specific requirements for final plat submittals are identified in Chapter 12 (Subdivision Regulations) of the Shakopee City Code. This ordinance is available for review and/or purchase from the Planning Department. Anyone wishing to subdivide property within the City of Shakopee should obtain a copy of this ordinance. mMMAAAR} Oscal QI592 PLANNING COMMISSION AND HOARD OF ADJUSTMENT AND APPEALS SCHEDULED MEETINGS FOR 1992 (Regular Sessions) Application Deadline Discussion Items Variances, Conditional Use Permit P.U.D. 's and Agendas to Scheduled Plats and Rezoning Be Delivered Meeting Date December 16th January 3rd January 9th January 13th January 31st February 6th February 10th February 28th March 5th March 16th April 3rd April 9th April 13th May 1st May 7th May 11th May 29th June 4th June 15th July 2nd July 9th (July 3 - City Hall closed) July 13th July 31st August 6th August 10th August 28th September 3rd September 14th October 2nd October 8th October 12th October 30th November 5th November 9th November 27th December 3rd (Nov. 26 is Thanksgiving) (Nov. 27 - City Hall closed) SUBMISSION REQUIREMENTS FOR APPLICATION FOR FINAL PLAT The following checklist has been provided to assist applicants in providing necessary information. Please make a check mark in all boxes under the "Applicant"colmnn indicating completion of the corresponding requirement If the listed requirement is not applicable,please note reason(s) in the left hand margin. Applications for Final flat Approval must have the following information included: Applicant Submitted 1. Completed Forms ❑ LiA.Application for Final flat Approval. B.Paid Fee. C.Major Subdivision Plat Database Worksheet. D.Permits Required Worksheet. ❑ ❑ 2. Final Plat drawings, maps or plans which will illustrate the requirements established in Section 12.04 and other applicable City Codes: A.Final Plat. Twenty (20) prints of the proposed preliminary plat on 22" x 30" paper, scaled 1"=100' for residential and commercial developments, or 1"=200 ' for industrial subdivisions. The final plat must show all rights-of-way, and public easements. Pre-existing easements must be labeled with the document number under which they were recorded with the Scott County Recorder's Office. B.Phasing Plan. Three (3) copies of the proposed phasing of the final platting of the subdivision. C.Reduced copies. One (1) copy of all required plats, maps, and drawings reduced to 11" x 17" paper. ❑ ❑ 3 . Identification and Description of Final Plat, including: A.Proposed name of Subdivision (names shall not duplicate or closely approximate the name of any existing subdivision) ; B.Location by section, township, range, county, and state and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must be mathematically close. The allowable error of closure on any portion of a final plat shall be 1 foot in 7, 500; C.The location of monuments shall be shown and described in the final plat. Locations of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including true angles and distances to such reference points of curvature and points of tangency on street lines, and at each angle point on the boundary of the subdivision. A permanent marker shall be deemed to be a steel rod or pipe, 1/2 inch or larger is diameter extending at least 18 inches below the finished grade. In situations where conditions prohibit the placing of markers in the locations prescribed above, off-set markers will be permitted. The exact location of all markers shall be shown on the final plat, together with accurate interior angles, bearings and distances. Permanent monuments shall be placed at all quarter section points within the subdivision or on its perimeter; D.Location of lots, streets, public highways, alleys, parks and other features, with accurate dimension in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot lines; _E.Lots shall be numbered clearly. If blocks are to be numbered, these should be shown clearly in the center of the block; F.The exact locations, widths and names of all streets to be dedicated; G.Location and width of all easements to be dedicated; H.Boundary lines and description of boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use; I.Name of fee owner and surveyor making the plat; J.Scale of plat (the scale to be shown graphically and in feet per inch) , date, and north point; K.Statement dedicating all easements as follows: Easements for installation and maintenance of utilities and drainage facilities are reserved over, under, and along the strips marked "utility easements" . _L.Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: Streets, alleys and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated. 4. Certifications Required on Final Plats: ❑ ❑ A.Notarized certification by owner, and by and mortgage holder of record, of the plat given dedication of streets and other public areas; _B.Notarized certification by a registered land surveyor, to the effect that the plat represents a survey made by him and that monuments and markers shown therein exist as located and that all dimensional and geodetic details are correct; C.Certification by the City Attorney that the plat conforms to all the legal requirements of the City; _D.Space for certification of approval to be filled in by the signatures of the Chairman of the Planning Commission, the Mayor, City Attorney, and City Clerk: E.The form of approval by the Planning Commission is as follows: Approved by the Planning Commission of the City of Shakopee, this _ day of , 19_. Chairman _F.The form of approval by the City Council is as follows: Approved by the City of Shakopee, Minnesota, this day of , 19_. Mayor ATTEST: City Clerk I hereby certify that I have examined the Abstract of Title of this plat and hereby recommend this plat for approval. City Attorney ❑ ❑ 5. Supplementary Documents and Information: A.A complete set of construction plans for roadways, watermains, sewermains, storm drainage facilities and overlot drainage shall be submitted and approved by the City; B.One (1) permanent bench mark shall be installed and established for each twenty (20) acres of development or fraction thereof. The bench mark shall be a 3 1/4 inch diameter geodetic disk set in accordance with the standard details approved by the City; C.Copies of restrictive covenants affecting the subdivision or any part thereof; _D.A list identifying the areas in square feet and acres for all lots, outlots, and right-of-ways. ❑ n 6 Documents Required for the Recording of the Plat: A.Four (4) mylar copies for recording; _B.A 400 foot scale reduction of the plat; C.An executed Developers Agreement. A copy of the City of Shakopee Chapter 12,Subdivision Regulations is available from the City Planning Department at a cost of$10.00. aka an Sin APPLICATION FOR FINAL PLAT APPROVAL CITY OF SHAROPEE For Office Use Only: 129 East 1st Avenue Date Filed: Shakopee, MN 55379 Filing Pee: (612) 445-3650 Receipt No. : Proposed flat Name: Plat Location: Applicant/Developer: Address: Phone: Current Property Owner: Address: Phone: Consultant/Engineer: Address: Phone: Base Fee $150. 00 (1992) Applicant is also responsible for all administrative costs and consultation fees incurred by the City, as established in the City's Fee Schedule. Submitted this day of , 19 Applicant/Developer' s Signature Property owner's Signature FAILURE TO COMPLY WITH SUBMISSION REQUIREMENTS WILL RESULT IN THE RETURN OF YOUR APPLICATION FOR COMPLIANCE. (RNALPLA.APP) OAg4121:6115192 MAJOR SUBDIVISION PLAT DATABASE WORKSHEET Final Plat Information: 1. If a concurrent preliminary/final plat is requested, please state reasons for request: 2. Current legal descriptions of all parcels: 3. Current Property 27- 27- ID Numbers: 27- 27- 27- 27- 4. Attach a list identifying the areas in square feet and acres for all lots, outlots, and right-of-ways. 5. Final Parkland Plat Dedication Acreage Acres 6. Number of Area in Phases Proposed Preliminary Not Platted )ANAL%.A.APP) o.p.: gran • PERMITS REQUIRED WORBSFF.FT LAND DIVISION ADMINISTRATION CITY OF SIIA%OPEE Applicant Project Name Project Location Building Permit Approvals Principal Building Permit Accessory Building Permit Deck and Fence Sign Septic (On-site sewer) Storage Tank Engineering Permit Approvals Work in the Right-of-Way Grading and Drainage Planning Permit Approvals _ Conditional Use Permit Variance Rezoning Comprehensive Plan Amendment MUSA Amendment Major Subdivision _ Minor Subdivision Vacation _ Environmental Assessment Worksheet _ Indirect Source Permit DNR Approval Scott County Environmental Health MPCA Shakopee Public Utility Commission Permit Approvals _ Water Permit Electric Permit (FW AVIA.MPI digital 6115192 MINOR SUBDIVISION PROCESS APPLICATION PACKET LAND DIVISION ADMINISTRATION City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 (612) 445-3650 {M1NORSUBAPP} Original:8/17/92 MINOR SUBDIVISION PROCESS INFORMATIONAL HANDOUT LAND DIVISION ADMINISTRATION CITY OF SHAKOPEE Section 12.08 of the Shakopee City Code allows the City Planner to approve minor subdivisions without a public hearing when: I.) A platted,recorded lot is being split into a maximum of 5 lots, or 2.) A maximum of five lots are being combined into 4 or fewer lots. However,this process cannot be allowed in the following situations: 1.) The proposed minor subdivision is within an approved Planned Unit Development (PUD); 2.) The proposed minor subdivision requires the dedication of additional right-of-way or easements, or requires a change in the existing streets, alleys, easements, water,sewer, or other public improvements; 3.) The proposed minor subdivision requires new streets, or other public improvements,other than those which will directly serve the lots; and/or 4.) The proposed minor subdivision involves any unplatted property. In these instances, the regular preliminary and final platting procedures must be followed. However,tbe City Planner may require the normal preliminary and rural platting procedures for any reason, such as complexity or special circumstances. All resulting lots must meet the minimum lot size and/or area requirements listed in the zoning ordinance. When it is determined that the Armor Subdivision meets all City Code requirements, the Planning Department will notify the applicant. If you have any questions regarding the Wmor Subdivision process, please contact the Shakopee Planning Department at (612) 445-3650. IMINORSU6..SPr) 041:HIS/C SUBMISSION REQUIREMENTS APPLICATION FOR MINOR SUBDIVISION PLAT The Minor Subdivision process involves an administrative review by the City's Planning, Utilities, and Public Works Departments. The following checklist has been provided to assist applicants in providing the necessary information. Please make a check mark in all boxes under the "Applicant"column indicating completion of the corresponding requirement. If the listed requirement is not applicable, please not the reason(s) in the left hand margin. Macula Submittal 1. ) Completed application: A.Application for Minor Subdivision Plat. B.Paid fee. C.Minor Subdivision Plat Database Worksheet. ❑ ❑ 2. ) Complete legal description of the property; ❑ S 3. ) Deed restrictions, if any; ❑ 4. ) Six (6) copies of a Certified Land Survey showing both the existing and proposed lot lines. These surveys must provide the following information: A.Scale and north arrow; B.Dimensions of the property; C.Names and locations of adjacent streets and easements; D.Locations of existing buildings on the site, and within 100 ' of the adjacent property; and E.An abstract brought up-to-date shall be furnished for the City Attorney. The above items must be submitted unless clearly not applicable and of no value in evaluating the desirability of the proposed development. FAILURE TO COMPLY WITH SUBMISSION REQUIREMENTS WILL RESULT IN THE RETURN OF YOUR APPLICATION FOR COMPLETION. (rmORSLm..we) ouev:MUM APPLICATION FOR MINOR SUBDIVISION PLAT CITY OF SNAROPEE For Office Use Only: 129 East 1st Avenue Date Filed: Shakopee, MN 55379 Filing Fee: (612) 445-3650 Receipt No. : Location of Proposed Minor Subdivision: Applicant: Phone: Address: Property Owner: Phone: Address: consultant/ Land Surveyor: Phone: Address: Fee for Minor Subdivision Plat Application: $ 50.00 Submitted this day of , 19 Applicant's Signature Property Owner's Signature (MINORSUB.APP) dld:ml:NSilt MINOR SUBDIVISION PLAT DATABASE WORKSHEET Minor Subdivision Plat Information: 1. Current legal descriptions of the parcels: 2. Location of the parcels: 3. Parcel ID Numbers: 27- 27- 27- 27- 27- 4. Property Present Torrens Acreage: Zoning: Property? 5. Existing Use of Property: 6. Proposed Use of Property: 7. Has the Park Dedication Requirement been met? When? (uuwvsue..�ev� VACATION OF STREETS, ALLEYS,OR EASEMENTS APPLICATION PACKET LAND DIVISION PROCESSES City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 (612) 445-3650 {VACATION.APP} Original:8/17/92 VACATIONOF STREEIS, ALLEYS,AND EASEMENTS INFORMATIONAL HANDOUT LAND DIVISION ADMINISTRATION CITY OF SHAKOPEE Attached to this handout is a Petition fora Street,Alley,or Easement Vacation. The vacation process requires that a petition be received from the majority of the owners of the property abutting the property that is being proposed for vacation. The $100 application fee must be submitted with the petition. The City Council may also initiate a vacation by the adoption of a resolution. Once the petition for the vacation is received, staff will prepare a staff report requesting the City Council to set a public hearing date for the vacation. The public hearing date must be published in the official newspaper and posted in certain public buildings a full two weeks prior to the public hearing date set by the City Council. In addition,staff will mail the abutting property owners and utility companies a copy of'the public hearing notice at least ten days before the public hearing. If the land to be vacated abuts or terminates upon public waters,written notice of the public hearing must be provided to the Department of Natural Resources. Prior to the public hearing date, the Shakopee Planning Commission must review the proposed vacation and make a recommendation to the City Council regarding its compliance with the Comprehensive Plan. If the City Council decides that the right-of-way or easement no longer serves a public purpose, it may vacate its rights by passing a resolution. The City Council may adopt the resolution vacating the property the same night as the public hearing,or they may request staff to prepare the appropriate resolution once certain conditions are met. The resolution of vacation is then recorded with the Scott County Recorder and the County Assessor by the City Clerk. If the property is torrens, the Resolution cannot be recorded with the County Recorder. The property owners abutting the right-of-way being vacated must expand their titles by short court proceedings. If part of the property is abstract and some is torrens, two Resolutions must be prepared; one describing the abstract property and one describing the torrens property. The one describing the abstract property can be recorded. The one describing the torrens property can not be recorded, and the property owners must expand their titles by short court proceedings. If you have any questions regarding the vacation process, please contact the Planning Department at (612) 445-3650. (VACATION.APPI OAry'cl:6/15/92 PETITION FOR STREET, ALLEY,OR EASEMENT VACATION Date: We,the undersigned, owners of the following described real property abutting on the street,alley,or easement in question,hereby petition the City Council of the City of Shakopee to vacate the following(Street) (Alley) (Easements) : PETITIONER: LOT BLOCK I hereby verify that I circulated the above petition and that the above signatures of the property owners and petitioners were affixed in my presence. Circulator Approved this _ day of , 19 . City City Attorney )vscanoN.API.) onpia:aur_ STREET,ALLEY,OR EASEMENT VACATION DATABASEWORKSHEET Vacation Information: 1. What is proposed to be vacated? 2. Size and dimensions of proposed vacation? 3 . Current legal descriptions of all parcels containing the street, alley, or easement proposed for vacation. (Attach on separate sheets 8 1/2" x 11" if too lengthy) . Parcel A Parcel B Parcel C Parcel D 4. Current PID Numbers: 27- 27- 5. Right-of-way names: 6. Existing utilities or improvements: 7. Additional information that may assist the Planning Commission and the City Council in their decision as to vacate the proposed street, alley, or easement: Attach additional sheets, if necessary. (VACATION.APT) Original:cum_ ILII CONDITIONAL USE PERMIT APPLICATION PACKET LAND USE ADMINISTRATION City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 (612) 445-3650 {CONDIUSE.APP} Original:8/17192 "> CONDITIONAL USE PERMITS INFORMATIONAL HANDOUT LAND USE ADMINISTRATION CITY OF SHAIZOPEE /MATS A CONDITIONALUSE? Although a use may be appropriate or desirable in a specified zone,it may require a Conditional Use Permit because, if not carefully located or designed, it may create special problems,such as abnormal traffic congestion. Uses that are eligible for application for a Conditional Use Permit are listed in the Shakopee Zoning Ordinance under each specific zoning district. For example,some of the Conditional Uses within the Urban Residential (R-2) zoning district include churches, government buildings,schools, and home occupations. WHAT'S A HOME OCCUPATION? A home occupation is defined as any gainful occupation or profession engaged in by the occupant of a dwelling,or at a dwelling,when carried on within a dwelling unit or an accessory building. Such uses include professional offices,minor repair services, photo or art studios, dressmaking,barber and beauty shops, tourist homes,or similar uses. Home occupations may he permitted as a conditional me if it complies with the minimum requirements of Section 11.05,Subd.10,of the Shakopee City Code: A.) The home occupation shall be carried on by a member of the family in the dwelling unit with not more than one employee who is not part of the family. B.) The home occupation shall be carried on wholly within the principal or accessory structure. C.) Exterior displays or signs (except those permitted by the Shakopee Sign Ordinance), exterior storage of materials (except in AG or R-1 Districts), and exterior indication of the home occupation or variations from the residential character of the principal structure shall not be permitted. D.) Objectionable traffic noise, vibration,smoke,dust, electrical disturbances, odors,heat,or glare or other conditional uses which are objectionable to adjoining property owners shall not be produced. E.) The home occupation shall not involve over-the-counter sales except in Agriculture Preserve (AG)or Rural Residential (R-I) Zoning Districts. WHAT TYPES OF CONDITIONS MAY BE PLACED ON A CONDITIONAL USE PERMIT? In permitting a new Conditional Use or the alteration of an existing Conditional Use,the Planning Commission may impose additional conditions which they consider necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to,the following: 1. Increasing the required lot size or yard dunension. 2. Limiting the height,size, or location of buildings. 3. Controlling the location and number of vehicle access points. 4. Increasing the street width. 5. Increasing the number of required off-street parking spaces. 6. Limiting the number,size, location or lighting of signs. 7. Requiring dikes, fencing, screening, landscaping, or other facilities to protect adjacent or nearby Property 8. Designated sites for open spaces. 9. Requiring the execution of a developer's agreement and providing financial guarantee of cash deposit, certified check,or performance bond to ensure compliance with Conditional Use Permit provisions. CRITERIA FOR GRANPINGCONDITIONALUSE PERMRS: In granting a Conditional Use Permit,the Planning Commission is required to consider the effect of the proposed use upon the health,safety,morals, and general welfare of the occupants of surrounding lands. Among other things,the Planning Commission uses the following criteria in their decision: Criteria II That the Conditional Use will not be injurious to the use and enjoyment of oto property in the immediate vicinity for the purposes already permitted,nor substantially diminish and impair property values within the immediate vicinity. Criteria n That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the arm. Criteria 83 That adequate utilities, access roads,drainage,and other necessary facilities have been or are being provided. Criteria 94 That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. Criteria IS That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration,so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. Criteria 06 The use,in the opinion of the Council,is reasonably related to the overall needs of the City and to the existing land use. Criteria n The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Criteria IS The use is not in conflict with the Comprehensive Plan of the City. Criteria 89 The use will not cause traffic hazard or congestion. Criteria fill Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare,or general unsightliness. In the event that the applicant violates any of the conditions placed on the permit, the City Council has the authority to revoke the permit. Conditional Use Permits must be used within one year,or it becomes void. A permit which is discontinued for a six month period of time will also become void. Oel/W:NLE SUBMISSION REQUIREMENTS FOR APPLICATION FOR CONDITIONAL USE PERMIT The folbwingcbedlist has been provided to assist applicants in providing the necessary infonnation. Please make a check mark in all boxes under the "Applicant" column indicating completion of the corresponding requirement. Ifthe listed requirenent is not applicable,please note reason(s) in the left hand margin. An application for a Conditional Use Permit must contain the following information: Applicant Submitted 1.Completed Application Forms: A. Completed Application B. Paid Fee. C. Application Database Worksheet 2.A cover letter describing the request f or the Conditional Use Permit, including, but not limited to, the following information: A.Address each of the ten criteria necessary for the granting of Conditional Use Permits. (See Informational Handout. ) B.A time schedule for the completion of the proposed project for which the Conditional Use Permit is being requested. C.Description of the type of business and the proposed number of employees per shift, if applicable. 3.A list of the names and addresses of property owners within 350 feet (1,000 feet for Mineral Extraction and Land Rehabilitation Permits) of the exterior boundaries of the site of the proposed Conditional Use from a Certified Abstract Firm. 4.Complete legal description of the site on which the Conditional Use Permit is being requested. 5.The applicant shall provide proof of ownership of of the property on which the Conditional Use Permit is being requested. 6.Twenty copies of a scaled site plan including, but not limited to, the following items: (Scale: 20' to 50' = 1") : A.The location and dimension of the applicant's property lines. Adjacent property lines within 100 feet must also be shown. B.All setbacks as required by the Zoning Ordinance. Indicate with a dashed line and provide required dimensions t t (front, interior sides, rear, street side yard setbacks, etc. ) . C.All existing and/or proposed rights-of- way and easements adjacent to or within the site. D.All existing and/or proposed public improvements, including adjacent streets, alleys, curbs, sidewalks, curb cuts, driveways, utilities, etc. E.All existing and/or proposed buildings, structures and fences on the site, and all those within 100 feet of the site. F.All septic tanks, drainfields, water wells, and other on-site systems, if applicable. G.All existing and/or proposed signage (freestanding or wall mounted) on the site. H.Existing and/or proposed landscaping. Include all trees over six inches in diameter. I.All off-street parking spaces and vehicle maneuvering areas. Dimensions of stalls and aisles. J.Any additional information as required by the Planning Department. 7.Proposed floor plan with use indicated and building elevations (if applicable) . 8.Sanitary sewer and water plan with estimated use per day (if applicable) . 9.A lighting plan showing the lighting of parking areas, walks, security lighting, and driveway entrance lights (if applicable) . 10.A landscape plan with a schedule of the plantings, if required by the Zoning Ordinance. Please review Section 11.60, Performance Standards, for applicable provisions. 11.If the site plans are drawn on a sheet size larger than 11" x 17", one reduced copy to a 11" x 17" format must be submitted for each type of site plan required. FAILURE TO COMPLY WITH SUBMISSION REQUIREMENTS WILL RESULT IN THE RETURN OF YOUR APPLICATION FOR COMPLIANCE. NOTES: The above items must be submitted learns they are decry not applicable and of no value in evaluating the proposed Conditional Use. Any misrepresentation or incorrect intormatim of a material nature submitted may dday the review of the app&ntica for the Caoditiood Use Permit. {CONDIUSE.APP} Odeoal:8/17/91 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF SHAKOPEE For Office Use Only: 129 East 1st Avenue Date Filed: Shakopee, MN 55379 Filing Fee: (612) 445-3650 Receipt No. : Applicant Name: Address: Phone: Current Property Owner: Address: Phone: consultant: Address: Phone: CHECK APPLICATION FEE: REQUEST: Home Occupations $ 100.00 All Others $ 200.00 Renewals and Amendments $ 200.00 Appeal to City Council $ 100.00 Mineral Extraction and Land Rehabilitation Permit $ 200.00 Plus Cash Deposit $ 2,500.00 Applicant is also responsible for all administrative costs and consultation fees incurred by the City, as per the City's Fee Schedule. Submitted this day of , 19 Applicant's Signature Property Owner's Signature FAILURE TO COMPLY WITH SUBMISSION REQUIREMENTS WILL RESULT IN THE RETURN OF YOUR APPLICATION FOR COMPLIANCE. n.ez..n um-i.nu I z APPLICATION FOR CONDITIONAL USE PERMIT DATABASE WORKSHEET Information for Application for Conditional Use Permit: 1. Current legal descriptions of all parcels (attach on separate sheets of 8 1/2" by 11" paper if too lengthy) . Parcel A Parcel B Parcel C Parcel D 2. Current Property ID Numbers: 27- 27- 27- 27- 3. Property Present Torrens Size: Zoning: Property? 4. Type of Conditional Use Permit Requested: 5. Reason for Request: 5. Proposed Improvements: 6. Existing Use of Property: 7. Proposed Use of Property: 8. Deed Restrictions? Yes No If so, attach copies. 9. Has the applicant or property owner sought to plat, rezone, obtain a variance or conditional use permit on the subject parcel or any portion of it? Yes No If so, when? Request for: 10. Do you believe that the proposed Conditional Use will meet the criteria necessary for the granting of such a permit for the subject site? (Please refer to the ten Criteria for Granting Conditional Use Permits.) Describe: 11. Additional information that you feel will assist the Shakopee Planning Commission in understanding and evaluating your request: Please attach additional sheets if necessary to assist us in processing your application. {cavomSE nee} oar:8/11192 PLANNING COMMISSION AND BOARD OF ADJUSTMENT AND APPEALS SCHEDULED MEETINGS FOR 1992 (Regular Sessions) Application Deadline Discussion Items Variances, Conditional Use Permit P.U.D. 's and Agendas to Scheduled Plats and Rezoning Be Delivered Meeting Date December 16th January 3rd January 9th January 13th January 31st February 6th February 10th February 28th March 5th March 16th April 3rd April 9th April 13th May 1st May 7th May 11th _ _ May 29th June 4th June 15th July 2nd July 9th (July 3 - City Hall closed) July 13th July 31st August 6th August 10th August 28th September 3rd September 14th October 2nd October 8th October 12th October 30th November 5th November 9th November 27th December 3rd (Nov. 26 is Thanksgiving) (Nov. 27 - City Hall closed) VARIANCE APPLICATION PACKET LAND USE ADMINIS 1'RATION li City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 (612) 445-3650 Crash tN.R VARIANCES INFORMATIONAL HANDOUT LAND USE ADMINISTRATION CITY OF SHAKOPEE A variance is a modification or variation of the provisions of the Zoning Chapter in which it has been determined that by rein of special and mensual circumstances relating to a specific lot,the strict application of the Zoning Chapter would came an undue or unnecessary gip,or that strict conformity with the provisions of the Zoning Chapter would he unreasonable, impractical,or unfeasible under the raeraosfev ri A variance to the provisions tithe Zoning Chapter may be issued to provide relief to the landowner in those amen where the Chapter imposes undue hardships or practical difficulties to property owns in the use of their land. No use variances may be issued. A variance may be granted only in the event that the following exist: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity,and result from lot size or shape, topography,or other circumstances over which the owners of property,since enactment of this Chapter,have had no control. 2. The literal interpretation of the provisions of the Zoning Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the teens of this Chapter. 3. That the special conditions or circumstances, if they exist,do not result from the actions of the applicant. 4. The granting of the variance requested would not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands,structures, or buildings in the same district 5. The variance requested is the minimum variance which would alleviate the hardship. 6. The variance would not be materially detrimental to the purposes of the Zoning Chapter,or to property in the same zone. Hardships am defined in Section 11.02,of the City Code. The definition of"hardship"states: "The property in question cannot be put to reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property,not created by the landowner;and the variance,if granted,will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable me for the property exists under terms of the official controls." twarmarani on.*:.v. SUBMISSION REQUIREMENTS FOR VARIANCE APPLICATION Thefollow�cbeddist has been provided to assist apptioots in providingthe nalessary information. Ptrase make a check mark in all bares mdse the •Applicant'column indicating campklion of the car: regdremcat. If the listed requiremeat is art applicable,please onte r (s) in theldthand margin. An application fora variancemat contain the following information: AR,ftEt Mailktd 1.Completed Application Forms: A.Completed Application B.Paid Fee. C.Application Database Worksheet. 2.A cover letter describing the variance request, and addressing each of the six criteria necessary for the granting of variances. (See Informational Handout. ) 3.A list of the names and addresses of property owners within 350 feet of the exterior boundaries of the site of the proposed variance from a Certified Abstract Firm. 4.Complete legal description of the site on which the variance is being requested. 5.Twenty copies of a scaled site plan including, but not limited to, the following items: (Scale: 20' to 50' = 1") : A.The location and dimension of the applicant's property lines. Adjacent property lines within 100 feet must also be shown. B.All setbacks as required by the Zoning Ordinance. Indicate with a dashed line and provide required dimensions (front, interior sides, rear, street side yard setbacks, etc. ) . C.All existing and/or proposed rights- of-way and easements adjacent to or within the site. D.All existing and/or proposed public improvements, including adjacent streets, alleys, curbs, sidewalks, curb cuts, driveways, utilities, etc. E.All existing and/or proposed buildings, structures and fences on the site, and all those within 100 feet of the site. F.All septic tanks, drainfields, water wells, and other on-site systems, if applicable. G.Al1 signage (freestanding or wall mounted) on the site. H.Existing and/or proposed landscaping. Include all trees over six inches in diameter. I.All off-street parking spaces and vehicle maneuvering areas. Dimensions of stalls and aisles. J.Any additional information as required by the Planning Department. 6.If the site plan is drawn on a sheet size larger than 11" x 17", one reduced copy to a 11" x 17" format must be submitted. FAILURE TO COMPLY WITH SUBMISSION REQUIREMENTS WILL RESULT IN THE RETURN OF YOUR APPLICATION FOR COMPLIANCE. NOTES: Pursuant to Shakopee City Code Section 11.04,Sabd.S.an approved variance mini be utilized within a one year time frame from the date of approval,or it becomes null and void. Any wisrepresentation or incorrect information of a material nature admitted may delay the review of the variance application. (VARIANCE.AIT) 0d :Win APPLICATION FOR VARIANCE CITY OF SHAKOPEE For Office Use Only: 129 East 1st Avenue Date Filed: Shakopee, MN 55379 Filing Fee: (612) 445-3650 Receipt No. : Applicant Name: Address: Phone: Current Property Owner: Address: Phone: Consultant: Address: Phone: APPLICATION FEE: Single Family Residential $ 85.00 All Others $ 150.00 Appeal to City Council $ 85.00 Applicant is also responsible for all administrative costs ' and consultation fees incurred by the City, as per the City's Fee Schedule. Submitted this day of , 19 Applicant's Signature Property Owner's Signature FAILURE TO COMPLY WITH SUBMISSION REQUIREMENTS WILL RESULT IN THE RETURN OF YOUR APPLICATION FOR COMPLIANCE. ryA,wvafJ wwa APPLICATION FOR VARIANCE DATABASE WORKSHEET Information for Variance Application: 1. Current legal descriptions of all parcels (attach on separate sheets of 8 1/2" by 11" paper if too lengthy) . Parcel A Parcel B Parcel C Parcel D 2. Current Property ID Numbers: 27- 27- 27- 27- 3. Property Present Torrens Size: Zoning: Property? 4. Variance Request from which Dimension Provision of the Requested: Zoning Ordinance? 5. Proposed Improvements: 6. Existing Use of Property: 7. Proposed Use of Property: 8. Deed Restrictions? Yes No If so, attach copies. 9. Has the applicant or property owner sought to plat, rezone, obtain a variance or conditional use permit on the subject parcel or any portion of it? Yes No If so, when? Request for: 10. Do you believe that an undue hardship exists based upon circumstances unique to the subject property? (Please refer to the six Criteria for Granting Variances. ) Describe: 11. Additional information that you feel will assist the Board of Adjustment and Appeals and the City Council in understanding and evaluating your request: Please attach additional sheets if necessary to assist us in processing your application. (vAmAz.a.AnP) oar.anlr PLANNING COMMISSION AND HOARD OF ADJUSTMENT AND APPEALS SCHEDULED MEETINGS FOR 1992 (Regular Sessions) Application Deadline Discussion Items variances, Conditional Use Permit P.U.D. 's and Agendas to Scheduled Plats and Rezoning Be Delivered Meeting Date December 16th January 3rd January 9th January 13th January 31st February 6th February 10th February 28th March 5th March 16th April 3rd April 9th April 13th May 1st May 7th May 11th - May 29th June 4th _ June 15th July 2nd July 9th (July 3 - City Hall closed) July 13th July 31st August 6th August 10th August 28th September 3rd September 14th October 2nd October 8th October 12th October 30th November 5th November 9th November 27th December 3rd (Nov. 26 is Thanksgiving) (Nov. 27 - City Hall closed) AMENDMENTS TO THE ZONING CHAPTER APPLICATION PACKET LAND USE ADMINISTRATION City of Shakopee 129 Fast 1st Avenue Shakopee, Minnesota 55379 (612) 445-3650 {AMENDMEN.APP} Original:8/11/92 AMENDMENTS TO THE ZONING CHAPTER INFORMATIONAL HANDOUT LAND USE ADMINISTRATION CITY OF SHAKOPEE WHATIS ZONING? Zoning regulates the use and development of land within a governmental jurisdiction. Zoning is intended to promote and protect the health, safety, and welfare of a community. A Zoning Ordinance has been adopted by the Shakopee City Council. It consists of two parts, the regulations established in the text,and a map of the various zoning districts within the City. WHATIS A ZONING DISTRICT? A Zoning District is an area within a community in which regulations governing the use of land, and building and development standards are established. In each district (residential, commercial,or industrial) the City permits certain uses and imposes certain requirements. WHAT IS A ZONING AMENDMENT? A Zoning Amendment is a change authorized by the City either in the district's boundaries (map amendment),or a change in the regulations established in Chapter 11,Zoning Ordinance (text amendment). WHO CAN INITIATE A ZONING AMENDMENT? An amendment to the Zoning Chapter may be initiated by the City Council,the Planning Commission,or by a petition from the affected property owners. Rezoning is a legislative act and needs a rational basis relating to public health, safety,or general welfare. WHAT IS THE ROLE OF THE PLANNING COMMISSION? Prior to the decision of whether or not to approve a zoning amendment,the Shakopee Planning Commission must first make a recommendation based upon the proposal's conformance with the Shakopee Comprehensive Plan. CRITERIAFOR GRANTING ZONING AMENDMENTS: Amendments changing the boundaries of any district or changing the regulations of any existing district require an affirmative vote of 4/5 of the City Council. Such amendments are not issued indiscriminately,but are based on,but not limited to,the following criteria: 1. The original Zoning Ordinance is in error. 2. Significant changes in community goals and policies have taken place. 3. Significant changes in City-wide or neighborhood development patterns have occurred. 4. Implementing the Comprehensive Plan's growth management program. {AMENIMEN.APP) Original:8/11/92 SUBMISSION REQUIREMENTS FOR APPLICATION FOR AMENDMENTS TO THE ZONING CHAPTER CHAPTER 11, SHAKOPEE CITY CODE The following checklist has been provided to assist applicants in providing the necessary information. Please make a check mark in all boxes under the "Applicant"column indicating completion of the corresponding requirement. If the listed requirement is not applicable,please note reason(s) in the left hand margin. An application for an amendment to the Chapter 11 (Zoning) of the Shakopee City Code(Zoning) must contain the following information: Applicant Submitted 1.Completed Application Forms: A. Completed Application B. Paid Fee. C. Application for Amendment DataBase Worksheet. 2 .A cover letter describing the rezoning / amendment request, and addressing the 4 criteria necessary for amendments to the Zoning Chapter. (See Informational Handout. ) 3.A list of the names and addresses of property owners within 350 ' (2, 640 ' for the Agriculture Preserve, AG, and Rural Residential, R-1, Zoning Districts) of the exterior boundary lines of the area proposed for rezoning from a Certified Abstract firm. 4.Complete legal description of the site in which the rezoning is being requested. 5.Area zoning maps which provide adjacent land uses and provide the proposed zoning for the site. Adjacent zoning (specific district; i.e. R-1, B-1, I-1, etc. ) and land uses (multi-family residential, office, heavy industrial, etc. ) within 400 feet of the applicant's site must be provided on these maps. 6.A traffic analysis which identifies the potential traffic volume which could be generated by the rezoning in average daily trips (ADT) . Impacts on area street capacities must also be addressed. 7 .Twenty copies of a scaled site plan including, but not limited to, the following items: (Scale: 1" = 50 ' to 1" = 400' ) : A. The location and dimension of the applicant's property lines. Adjacent property lines within 100 feet must also be shown. B. All setbacks as required by the Zoning Ordinance. Indicate with a dashed line and provide required dimensions (front, interior sides, rear, street side yard setbacks, etc. ) . C. All existing and/or proposed rights- of-way and easements adjacent to or within the site. D. All existing and/or proposed public improvements, including adjacent streets, alleys, curbs, sidewalks, curb cuts, driveways, utilities, etc. E. All existing and/or proposed buildings, structures, and fences on the site, and all those within 100 feet of the site. F. All septic tanks, drainfields, water wells, and other on-site systems, if applicable. G. All signage (freestanding or wall mounted) on the site. H. Existing and/or proposed landscaping. Include all trees over six inches in diameter. I. All off-street parking spaces and vehicle maneuvering areas. Dimensions of stalls and aisles. J. Any additional information as required by the Planning Department. 8. If the site plan is drawn on a sheet size larger than 11" x 17", one reduced copy to a 11" x 17" format must be submitted. 9 .Any additional information that may be required by Staff or by the applicable Sections of the Zoning Chapter. FAILURE TO COMPLY WITH SUBMISSION REQUIREMENTS WILL RESULT IN THE RETURN OF YOUR APPLICATION FOR COMPLIANCE. NOTE: The above items must be submitted unless they are clearly not applicable and of no value in evaluating the desirability of the proposed amendment. Any misrepresentation or incorrect information of a material nature submitted may delay the reviewof the application for the amendment. {AMENDMEN.APP} Original 8/11/92 APPLICATION FOR AMENDMENT TO THE ZONING CHAPTER CHAPTER 11, SHAKOPEE CITY CODE CITY OF SHAKOPEE For Office Use Only: 129 East 1st Avenue Date Filed: Shakopee, MN 55379 Filing Fee: (612) 445-3650 Receipt No. : Applicant Name: Address: Phone: Current Property Owner: Address: Phone: Consultant: Address: Phone: APPLICATION FEE: Zoning Map Amendments: Less than 2 .5 Acres $ 250. 00 Greater than 2 . 5 Acres $ 500. 00 Additional Notices: Per published notice (>1) $ 25. 00 each Per mailed notice (>100) $ 1. 50 each Applicant is also responsible for all administrative costs and consultation fees incurred by the City, as per the City's Fee Schedule. Submitted this day of , 19 Applicant's Signature Property Owner's Signature {AMENDMENT.APP} Ow 8/11/92 APPLICATION FOR AMENDMENTS TO THE ZONING CHAPTER CHAPTER 11, SHAKOPEE CITY CODE DATABASE WORKSHEET Information for Application for Amendment to Chapter 11, Zoning: 1. Request Amendment to Rezone Property? Yes No 2. Location of Property: 3. Current legal descriptions of all parcels included in the rezoning application (attach on separate sheets of 8 1/2" by 11" paper if too lengthy) . Parcel A Parcel B Parcel C Parcel D 4 . Current Property 27- 27- ID Numbers: 27- 27- 5. Property Torrens Size: Property? Yes_ No 6. PresentRequested Zoning: � Zoning: 7 . Existing Use of Property: 8. Proposed Use of Property: 9. Proposed Improvements: 10. Deed Restrictions? Yes No If so, attach copies. 11. Has the applicant or property owner sought to plat, rezone, obtain a variance or conditional use permit on the subject parcel or any portion of it? Yes No If so, when? Request for: 12. Request Amendment If so, which, Zoning Chapter Text? Provision? Yes No 13 . Is the request in conformance with the Land Use plan of the City's Comprehensive Plan? Yes No _ Explain: 14 . Reason for Amendment or Rezoning Request (Please refer to the Criteria for Granting Amendments to Chapter 11 listed in the Informational Handout) : 15. Additional information that you feel will assist the Planning Commission and City Council in understanding and evaluating your Amendment or Rezoning request: Please attach additional sheets if necessary to assist us in processing your application. {AMEM1DMEN.APP} Original 8/11192 PLANNING COMMISSION AND BOARD OF ADJUSTMENT AND APPEALS SCHEDULED MEETINGS FOR 1992 (Regular Sessions) Application Deadline Discussion Items Variances, Conditional Use Permit P.U.D. ' s and Agendas to Scheduled Plats and Rezoning Be Delivered Meeting Date December 16th January 3rd January 9th January 13th January 31st February 6th February 10th February 28th March 5th March 16th April 3rd April 9th April 13th May 1st May 7th May lith May 29th June 4th June 15th July 2nd July 9th (July 3 - City Hall closed) July 13th July 31st August 6th August 10th August 28th September 3rd September 14th October 2nd October 8th October 12th October 30th November 5th November 9th November 27th December 3rd (Nov. 26 is Thanksgiving) (Nov. 27 - City Hall closed) CONSENT Mai MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Joint Prosecution Lease Agreement DATE: September 9, 1992 INTRODUCTION AND BACKGROUND: On August 18, 1992 staff presented to City Council preliminary terms for a lease agreement with the Scott County Joint Prosecution Organization for space in the new City Hall facility. The terms and conditions presented in the earlier memo have been incorporated into the attached lease agreement. Representatives from the Scott County Joint Prosecution Organization have had the opportunity to review the lease and are in agreement with the terms and conditions as setforth. Staff would like to recommend that the appropriate City officials be authorized to execute the lease agreement as setforth in attachment #1. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Joint Prosecution Lease Agreement for space in the new City Hall facility. 2. Do not authorize the appropriate City officials to execute the Lease Agreement for space in the new City Hall facility. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommenfs alternative #1. ACTION REQUESTED: Authorize the appropriate City officials to execute the Joint Prosecution Lease Agreement for space in the new City Hall facility. LEASE AGREEMENT Dated: October 1, 1991 [November 1, 1992] Lessor: City of Shakopee, Attention: Dennis Kraft, City Administrator, 129 First Avenue East, Shakopee, MN 55379 Tenant: Joint Powers Board, Attention: Mark McNeill, Chairman, Scott Joint Prosecution Association, 6000 McColl Drive, Savage, MN 55378 Premises: That portion, as described more fully in Exhibit A attached hereto and incorporated herein, of the first floor [basement] of the building located at 129 South Holmes, Shakopee, Minnesota, including reasonable ingress and egress. Rent: $260.00 [$550. 00] per month Term: 11 [14] months, commencing on October 1, 1991, [November 1, 1992] subject to automatic renewal on a month-to-month basis or termination as set forth below. In consideration of the rents to be paid by Tenant, Lessor hereby leases to Tenant the above-described Premises for the above-described Term subject to the following conditions and mutual agreements: 1. Monthly Rent. Tenant shall pay to Lessor the monthly rent above set forth in advance on the first day of each and every month included within the Term. The rent as set forth above includes real estate taxes, all utilities, and cleaning expenses. Rent for any partial calendar month at the beginning or at the end of the Term shall be prorated on a daily basis. Payments shall be made to Lessor by delivering same to the City Director of Finance. 2 . Operating Expenses. Tenant shall pay all the following expenses which become due or payable during the Term arising in connection with Tenant's occupancy of the Premises: a. Property and casualty insurance covering the building contents located on the Premises; b. Routine maintenance, upkeep and repair of the Premises, subject to normal wear and tear, but excluding any repairs or replacements of a capital nature; and c. Such other normal operating expenses as are necessary to keep the Premises in a tenantable condition suitable for Tenant's present use and occupancy. 3. Use. During the Term Tenant shall use the Premises for the purpose of a law office representing cities, and for no other purpose, in compliance with all applicable governmental laws, ordinances and regulations. Tenant shall commit no waste upon the Premises and shall not permit any nuisance to exist upon the Premises. Tenant agrees to observe such reasonable uniform rules and regulations as from time to time may be put in effect by Lessor for the general safety, security, comfort, and convenience of Lessor, its officers and employees, the general public, and occupants and tenants of the building. 4. Inspection. Tenant shall give Lessor access to the Premises at all reasonable times, without charge or diminution of rent, to enable Lessor to examine the same and to make such repairs, additions and alterations as Lessor may deem advisable and to exhibit the Premises to prospective tenants, purchasers or others. 5. Relocation. Le.,cor reserves the right to relocate the Premises described on Exhibit R to another arca of the building located at 129 South Holmes, Shakopee, Minnesota. The new area shall be of a similar size, with two separate offices, and will include reasonable ingre.r and egress. The Lector shall give written notice of the relocation to the Tenant, specifying the effective date of ouch relocation, which shall not be le.r than 30 days after the date of such notice. 4;- [5. ] Alterations. Tenant shall make no alteration of or additions to the Premises without the prior written approval of Lessor. [6. ] Assignment. Tenant shall not assign this Lease or its rights hereunder or sublet the Premises or any part thereof without the prior written approval of Lessor. 8-r [7. ] Damage. In case of damage to the Premises or to the Building by fire or other casualty, Tenant shall give immediate notice to Lessor, who shall thereupon cause the damage to be repaired with reasonable speed, at the expense of the Lessor, subject to delays which may arise by reason of adjustment of loss under insurance policies, and for delays beyond the reasonable control of Lessor. To the extent that the Premises are rendered untenantable, the rent shall proportionately abate, except in the event such damage resulted from or was contributed 2 to by the act, fault, or neglect of Tenant, Tenant's employees or agents, in which event there shall be no abatement of rent. In the event the damage shall be so extensive that the Lessor shall decide not to repair or rebuild, this Lease Agreement and Term shall, at the option of Lessor, be terminated as of the date of such damage by written notice from the Lessor to the Tenant, and the rent shall be adjusted to the date of such damage and Tenant shall thereupon promptly vacate the Premises. 9-.- [8 . ] Waiver of Liability. Tenant agrees that Lessor and its officers and employees shall not be liable to Tenant for any injury to persons or damage to or loss of personal property in the Premises unless such injury, damage, or loss is the result of the gross negligence or willful acts of Lessor or its officers or employees, and Lessor and its officers and employees shall not be liable to Tenant for any such damage or loss, whether or not the result of their gross negligence, to the extent Tenant is compensated therefor by Tenant's insurance. In addition, Lessor agrees that Tenant and its officers and employees shall not be liable to Lessor for any injury to persons or damage to or loss of the Building or other improvements or property on the Premises unless such injury, damage or loss is the result of the gross negligence or willful acts of Tenant, its officers or employees, and Tenant and its officers and employees shall not be liable to Lessor for any such damage or loss, whether or not the result of their gross negligence, to the extent the Lessor is compensated therefor by Lessor's insurance. Each party shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by any policy. 10, [9. ] Delivery Upon Termination. Upon the termination of this Lease Agreement and the said Term in any manner whatsoever, Tenant shall remove Tenant's goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Premises to Lessor peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Lessor or Tenant, reasonable use and wear thereof, damage by casualty, and repairs which are Lessor's obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease Agreement shall be considered abandoned and Lessor may dispose of the same as it deems expedient. �)— [10. ] Termination. Either party may terminate this Lease, with or without cause, by giving written notice thereof to the other party, specifying the effective date of such termination, which shall not be less than 30 days after the date of such notice. n- [11. ] Holding Over. Should Tenant continue to occupy the Premises after expiration of the Term, or after termination 3 of the Term under the provisions hereof, such tenancy shall be from month to month on the terms and conditions of this Lease Agreement appropriate to a monthly term, and in no event from year to year or for any longer term without Lessor's written agreement. Any holding over after the expiration of this Lease shall not operate to renew this Lease. 33w [12. ] Insolvency. If Tenant shall be adjudicated bankrupt, or petition for such adjudication, or a trustee or receiver of Tenant shall be appointed for insolvency of Tenant, or if Tenant shall make assignment for benefit of creditors, or if Tenant shall default in making its payments hereunder or any of them or in performing any of the other agreements, terms and conditions of this Lease, then, in such event, Lessor, in addition to all other rights and remedies available to Lessor, by law or by other provision hereof, may, without notice, re-enter immediately into the Premises and remove all persons and property therefrom, and at Lessor's option, annul and cancel this Lease as to all future rights of Tenant, and Tenant hereby expressly waives the service of any notice in writing of intention to re- enter. Neither this Lease nor any interest or estate hereunder shall pass to any trustee or receiver or assignee for benefit of creditors or otherwise by operation of law. Tenant further agrees that in case of any such termination Tenant will indemnify Lessor against all loss of rents and other damage which Lessor may incur by reason of such termination, including but not being limited to, costs of restoring and repairing the Premises and putting the same in rentable condition, costs of renting the Premises to another Tenant, loss or diminution of rents and other damage which Lessor may incur by reason of such termination, including reasonable attorneys' fees and expenses incurred in enforcing any of the terms of this Lease. Neither acceptance of rent by Lessor, with or without knowledge of breach, nor failure of Lessor to take action on account of any breach hereof or to enforce its rights hereunder shall be deemed a waiver of any breach, and no waiver or consent by Lessor shall extend to any other default or event. 3 [13 . ] Breach. In the event of the breach by Lessee of any covenants or agreements of this Lease, then Lessee shall remedy said breach within ten (10) days after written notice thereof, and if said breach shall not be corrected within said ten (10) days, then Lessee shall vacate and relinquish possession of said Premises immediately upon the expiration of said ten (10) day period. Nothing herein shall be taken to excuse the Lessee from any damages occasioned by Lessee's breach. 4&- [14 . ] Notices. Any notices required or contemplated hereunder shall be effective upon the placing thereof in the United States mails, registered or certified, return receipt requested, postage prepaid and addressed to the other party at the addresses stated above. Copies of such notices also shall be 4 sent to the parties' respective attorneys at the addresses set forth below: Attorney for Lessor: Karen Marty, Esq. City Hall 129 East First Avenue Shakopee, MN 55379 Attorney for Tenant: 13-- [15. ] Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. TENANT: SCOTT JOINT PROSECUTION ASSOCIATION By Its Chairman LESSOR: CITY OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk fi-LEAS-} [LEASPROS] 5 H V ' 1 = i ` 0'Vo ° ° 0 I -1/4 rS -SK"- L 0 4 Id 7 J ;_ - F: —II n 0 �� c> nl = pi ® I �/ 8 0 I Lit.= L' 1 1-N IN I o0 ( I � in El C- i• 80 \ /� �� at x.�� ■I�_ ri en I � � nil=� - a ■ I in I o 4i g 11 1 dig 1 � • I1 / 11- MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: I-35W Change Plan - Economic Solution - Resolution No. 3663 DATE: September 8, 1992 INTRODUCTION: On September 3, 1992 Mayor Laurent received a correspondence from Daniel C. McElroy, Burnsville Mayor. Mayor McElroy is requesting the City of Shakopee to consider approving a resolution in support of the construction of a third lane on I-35W. BACKGROUND: Attached is the correspondence received from Mayor McElroy to Mayor Laurent. The correspondence explains the status of the construction of a third lane on I-35W between Highway 13 and Interstate 494 . Apparently a report has been completed by MnDOT which recommends that no additional lanes ever be added to I-35W. The City of Burnsville and other surrounding cities south of the Minnesota River are obviously concerned about the reports recommendation. Until the Bloomington Ferry Bridge Project can be completed, I-35W will continue to serve as a major highway to access the north side of the Minnesota River. Shown in Attachment #2 is Resolution No. 3663, A Resolution Supporting the Interim Third Lane Project for I-35W. If City Council feels it would be appropriate to support the construction of a third lane on I-35W, they may want to consider approving said resolution at this time. ALTERNATIVES: 1. Offer Resolution No. 3663 ,A Resolution Supporting the Interim Third Lane Project for I-35W, and move its adoption. 2 . Do not approve Resolution No. 3663. 3. Table action pending further information from staff. 4. Amend resolution No. 3663 , and move its adoption. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Offer Resolution No. 3663, A Resolution Supporting the Interim Third Lane Project for I-35W, and move its adoption. BAS/tiv RESOLUTION NO. 3663 RESOLUTION SUPPORTING THE INTERIM THIRD LAND PROJECT FOR I-35W WHEREAS, the Minnesota Department of Transportation, the Metropolitan Council, and the Federal Highway Administration have been preparing an Environmental Impact Statement (EIS) for I-35W South for several years; and WHEREAS, MN/DOT has programmed construction of an interim third lane on I-35W between I-494 and Trunk Highway 13 in 1993 and 1994; and WHEREAS, this interim third lane will temporarily relieve the intolerable delays which occur daily to 35W users; and WHEREAS, additional capacity would have to be added to meet the demands expected to occur by the year 2010; and WHEREAS, a group of citizens and elected officials from South Minneapolis have prepared an additional report entitled "I-35W Change Plan: Economic Solution" , which proposes only the addition of Light Rail Transit (LRT) to the 35W corridor; and WHEREAS, this report provides no relief for the most congested portions of the freeway, and does not meet current or future traffic demand, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee urges Minnesota Department of Transportation Commissioner James Denn to continue the plan to construct a third lane on 35W in 1993 and to avoid any additional delays. Adopted in session by 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 01/de., (Aty of ` _ —J.01/40 BURNSVILLE 100 Civic Center Parkway • Burnsville, Minnesota 55337-3817 (612) 895-4400 September 1, 1992 The Honorable Gary Laurent Mayor of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mayor Laurent: The Minnesota Department of Transportation (MN/DOT) has programmed a 1993 project to add one lane in each direction to Interstate 35W between Trunk Highway 13 and Interstate 494. This "interim third lane" would temporarily relieve the dreadful congestion occurring daily in this segment. Eventually additional capacity would have to be added to meet the demands expected to occur by the year 2010. A group of South Minneapolis elected officials has prepared a report titled "I-35W Change Plan: Economic Solution." That report, which has been presented to MN/DOT Commissioner James Denn, recommends that no additional lanes ever be added to 35W. Instead, it proposes to add Light Rail Transit (LRT) from downtown Minneapolis to the Burnsville Center. The LRT construction across the Minnesota River would not be completed until the year 2012 (twenty years from now!) . I hope you share my belief that immediate relief is essential for the communities and counties south of the Minnesota River. It is important to convince Commissioner Denn to continue with their plan to construct a third lane on 35W in 1993. I urge your city to adopt a Resolution on this matter and forward it to: Commissioner James Denn Minnesota Department of Transportation State Transportation Building - Room 411 395 John Ireland Boulevard St. Paul , MN 55155 I am enclosing a sample Resolution you may wish to use. Thank you for your help in this endeavor so important to us all ! Sincerely, Daniel C. 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O W DO h N CO h h nO 0 F W vivivI H N '0 DO Do O\ 0 N 0 0 0 M --i w F NI O DO -1 O O 0 0 0 '0 -I CD -I 0 F- CO 0 0 0 0 0 MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Proposed Amendment to Resolution No. 3627 Norwest Bank - Underground Electric Line DATE: September 10, 1992 INTRODUCTION: Condition No. 7 from Resolution No. 3627 requires that all overhead electric lines on the Norwest Bank site be placed underground. Staff is recommending that this condition be deleted. BACKGROUND: At the July 21, 1992, meeting, the City Council held a public hearing to consider vacating a portion of the alley in Block 7, East Shakopee Plat. The request was made by Norwest Bank in order to allow for the construction of a drive-thru facility and an expanded parking lot to the south of their building. The subject site is located southwest of the First Avenue and Minnesota Street intersection. Exhibit A is a copy of the area zoning map and subject site location. The blocks along First Avenue were platted in the 1850's as residential lots (60 foot by 142 foot) . There were ten lots platted in each block with a 16 foot east-west alley in the center of the block. The alleys have served as a utility and service corridor. With the development of First Avenue as a major automobile arterial street, the corridor has slowly changed in character. Commercial uses have been constructed throughout the corridor, replacing most of the residential uses. Currently, there is a mix of commercial uses with interspersed residential structures. Some alleys continue to serve for utility purposes while many others do not. The Comprehensive Plan provides only general guidance to the redevelopment of the First Avenue corridor. The Comprehensive Plan recognizes some of the issues involved with redevelopment, including the mix of commercial and residential uses but does not offer specific detailed solutions. The Comprehensive Plan instead appropriately recommends the development of a more detailed area plan for the First Avenue corridor. Staff has recommended that this plan be developed in 1994. DISCUSSION: With the redevelopment (expansion) of the Norwest site, staff recommended the undergrounding of electric utilities in the alley for safety and aesthetic reasons. The redevelopment of the properties on the south side of the alley for the expansion of the Norwest site represents one of the first block deep redevelopment projects in the First Avenue corridor. As the blocks in this area redevelop, the need for additional land area will become more common. The small residential lots are inadequate for most commercial uses. The block deep configuration is a more preferred pattern of redevelopment. Norwest Bank's proposal is a good example of the preferred redevelopment concept. With the block deep configuration, the alley and utility lines, including the electric line bisect these larger sites. These sites would generally be less desirable whether the electric lines are above or below ground. City staff and SPUC staff would prefer to see the utilities shifted to the south edge of the block or along Second Avenue. The undergrounding of electric lines for properties along the First Avenue corridor is premature at this time. An area plan is needed to properly guide the investment of future utilities, especially any underground placements. Once a utility is placed underground it becomes much more costly to move if it becomes necessary. The undergrounding of electric lines has not been addressed in the developed areas of the City except for the downtown area. The Utility Manager prefers to maintain flexibility in the electrical system in this area until such time that an overall plan can be developed for the First Avenue corridor. It should be noted that there is not sufficient room to locate an underground line in the Second Avenue right-of-way. This is due to the two one-way streets and railroad track in the Second Avenue right-of-way. There would be sufficient room for a public easement along the south end of Lots 1 through 5 in Block 7 . In this area an underground electric line could be constructed in the future. With the Norwest proposal, Lots 1 through 5 would be leased from a second property owner. This property owner is not willing to encumber Lots 1 through 5 with easements until the entire site can be redeveloped. Due to this situation, staff is now recommending that the condition requiring that all overhead electric lines on the Norwest site be placed underground be deleted from Resolution No. 3627 . The undergrounding of electric lines in Block 7 can be more appropriately addressed after the completion of an area plan and the redevelopment of the western side of the block. The existing overhead lines would be relocated so that the poles would be located in the 16 foot alley and on medians within the proposed parking lot. By relocating the poles an adequate level of safety should be provided on the Norwest site. ALTERNATIVES: 1. Do not amend the resolution. 2 . Amend the resolution deleting Condition No. 7 . STAFF RECOMMENDATION: Staff recommends alternative 2, which would delete Condition No. 7 from Resolution No. 3627. ACTION REOUESTED: Offer a motion which approves Resolution No. 3665, A Resolution Amending Resolution No. 3627, A Resolution Approving The Closure of the Eastern 132 feet of the Alley in Block 7, East Shakopee Plat, Deleting Condition No. 7 Which Required All Overhead Electric Lines Be Placed Underground, and move its approval. RESOLUTION NO. 3665 A RESOLUTION AMENDING RESOLUTION NO. 3627, A RESOLUTION APPROVING THE CLOSURE OF THE EASTERN 132 FEET OF THE ALLEY IN BLOCK 7, EAST SHAKOPEE PLAT, DELETING CONDITION NO. 7 WHICH REQUIRED ALL OVERHEAD ELECTRIC LINES BE PLACED UNDERGROUND WHEREAS, a 16 foot by 300 foot alley has been dedicated in Block 7, East Shakopee Plat; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned eastern 16 foot by 132 foot portion of this alley is not generally needed by the public, but should be retained until a complete alley is established or the entire alley vacated; and WHEREAS, a public hearing to consider an action to vacate the alley was held in the Council Chambers of the City Hall in the City of Shakopee at 7: 00 P.M. on the 21st of July, 1992 ; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at Shakopee Public Utilities, the bulletin board at the U. S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee; and WHEREAS, the City Council did on July 21, 1992 adopt Resolution #3627, approving the closure of the eastern 132 feet of the alley in Block 7, East Shakopee Plat, subject to seven conditions; and WHEREAS, the Shakopee Public Utility Manager, since that time, has determined that Condition No. 7, requiring the undergrounding of electric lines is premature for properties along the First Avenue corridor and prefers to maintain flexibility in this area until such time that an overall plan can be developed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the aforementioned condition be deleted from Resolution No. 3627, leaving the following six conditions: 1. Public access is closed for the eastern 132 feet of the alley. 2. Since a portion of the property proposed for the Norwest project is to be leased, the applicant shall sign and record an agreement which requires the following in the event the lease is terminated or expires: A. The applicant shall notify the City at least 60 days prior to the termination of the lease for rental of the property described as Lots 1 through 5, Block 7, East Shakopee Plat; B. The applicant shall demolish or remove the canopy structure within 90 days of the termination of the lease; C. The applicant shall construct 25 parking stalls on the Norwest site within 90 days of the lease termination. 3. The applicant shall record a 20 ' temporary public access easement from 1st Avenue to the existing alley, and shall be responsible for the maintenance of this public access easement. Norwest Bank shall be responsible for maintenance of the 20 foot temporary public access easement and that portion of the alley not closed on Lots 3 and 8 . The easement shall be reviewed and approved by the City Attorney. 4. The canopy structure must be constructed on Norwest property. 5. The applicant shall process a minor subdivision plat in accordance with the City Code to consolidate the three lots currently occupied by Norwest Bank into one lot. This minor subdivision process shall be completed prior to the release of any building permits. 6. The applicant shall construct a 5 foot sidewalk along Minnesota Street and Second Avenue adjacent to the Norwest site. 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 r - EXHIBTT A i ?' r I "4 I '" >�� t "` �.+� � � ate -- .- L: 1 X11 ✓ - ---- — 1/111110E ‘r---4as r gi _, . t›.-411 0 ' . ....r-c-In , __I gyp' TN ` \ its _ r^ 1 (1:.iI11.19t'I1 '4 4 INC, II l'v"V't AG AGRICULTURELL! 1 I c I°i,:‘ p/ • R1 RURAL RESIDENTIAL ., -.- �1, \ ' All d' R2 URBAN RESIDENTIAL 1 ' ^� ' �''� R3 MID' DENSITY RES. R4 MULTI FAMILY RES. 51 HIGHWAY BUSINESS e I B2 COMMUNITY BUSINESS ' I _ ' \` J B3 CENTRAL BUSINESS _. 1 ' ___911 EL-1 11 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL �� r , 1=4 I--- r C . 1- i 1 -_i �� i. S SHORELAND 1 . - I , � ; FLOODPLAIN DISTRIC ® , .R,Irwi 1 i : • 11 _- p .�. -•• MANDATORY PUD a mak"??, d - .•II RTD RACETRACK DISTRIC_I Q�i 1%. 0� - - f$i I r E Zoning Map City of SHAKOPEE .: . s .. . , ___ . CONSENT 1/A• MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Market Street, Street Cut DATE: September 10, 1992 INTRODUCTION: Attached is correspondence from Mr. Jim Monnens, Monnens Custom Builders, requesting permission for a street cut at 443 South Market Street for the purpose of installing sewer and water services to Outlot A, Macey's 2nd Addition. BACKGROUND: The City Council has adopted a policy whereby no street cuts will be allowed on newly constructed streets within the first 5 years, unless authorized by the City Council. Market Street, between 7th Avenue and 4th Avenue, was constructed last year as part of the 5th Avenue Project. During the construction of this street, it was brought to the City Council's attention that several undeveloped properties, (such as the City's Outlot A, Theis's and Ten Eyck's) would need future sewer and water services installed, necessitating street cuts in this new street. Because of the contractual obligations, though, the City was required to finish the paving. In addition, the exact timing on the development and type of development that would occur in these areas were not known. Therefore, the City Council directed staff to complete the paving, knowing that there may be future street cuts. As part of the project, one sewer and water service was installed into Outlot A. Shakopee Public Utilities Commission has a policy that only allows one water service to be stubbed out into platted lots and no services stubbed into unplatted lots. At the time, the City was attempting to sell this lot and the exact type of development that would eventually occur on it was not known. Monnens Custom Builders has purchased this lot and has obtained Planning Department permission to do a lot split. Because of this lot split, a second set of sewer/water services will be required to be cut into the street. The proposed development consists of 2 single family homes, which require independent sewer and water services. If the development was for a single twinhome, the existing services could be "wyed" to serve each side per existing City policy. ALTERNATIVES: 1. Approve of the street cut. 2. Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. Unfortunately, there was no way to accommodate this and future situations, thereby necessitating the need to waive the City's 5- year street cut policy on this lot. There may very well be several additional street cut requests during the next 5 years, depending on the timing of the development in this area. ACTION REQUESTED: Move to authorize City staff to issue a street cut permit to Monnens custom Builders for the development at 443 South Market Street for the purposes of installing sewer and water services. DH/pmp STREETCUT September 9, 1992 Mr. David Hutton Engineering Department City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: Outlet A, Macey' s 2nd Addition Dear Dave: Monnens Custom. Builders, Inc. hereby requests a street cut for the property under construction at 443 South. Market Street, Outlet A, Macey' s 2nd Addition, City of Shakopee for the purpose of a sewer and water connection. Thank you. Sincerely, szt_____n_____. Jim : onnens JM/mm MEMO To: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 5th Avenue Project DATE: September 25, 1991 INTRODUCTION: Staff is requesting City council direction on the schedule for completing the 5th Avenue/Market Street Project. BACKGROUND: The 5th Avenue/Market Street Project had a final completion date in the contract of August 1, 1991. Staff had requested that the contractor postpone the placement of the final wear course of asphalt until after October 1, 1991 in order to give the property owners of the vacant land adjacent to these streets an opportunity to plat their lands to identify all sewer/water service locations. All of the vacant land south of 5th Avenue and west of Market Street adjacent to this project has been platted and all services installed to the lots. Staff believes that all property owners interested in platting their property have already done so and that there is no reason to hold up the final completion for that purpose. But another issue has come up recently involving the City owned property (See attached map) . The realtor hired to market this property is recommending that it be rezoned from R-2 to R-3 or R-4 . This issue has been discussed by the Community Development Commission and is scheduled to be discussed by the Housing Redevelopment Committee and if viable, will eventually go to the Planning Commission for a recommendation to the City Council. The rezoning would include the City property (Gelhaye/railroad land) , Outlot A (HRA) , Theis property and possibly the Siebenaler property. Sewer and water services are stubbed out to all these vacant properties for service to single family homes or duplexes. If a rezoning would occur, multi-family apartments would be allowed which require larger water services and larger sewer services. If these properties were developed as multi-family, additional street cuts would be required to install the larger services. ALTERNATIVES: Because the issue of rezoning the City property may take some time, staff would like some direction on the final construction deadline for this project. Staff feels the following options are available. 1. Postpone the placement of the wear course of asphalt until 1992 to allow time for the rezoning issue to be resolved. This alternative will increase the final project costs for two reasons. First, all of the manholes will need to be lowered to avoid being struck by snow plows, which could severely damage the trucks. Secondly, the contractor will undoubtedly request an increase in the unit price for the asphalt for the one year delay, if for no other reason than to cover the costs due to inflation. Staff would concur with the contractor on that request and feels the request would be justified. Staff has contacted the contractor to obtain a rough estimate of the increased costs based on the above two reasons and he has indicated that he must finish the construct this year as specified due to his bonding capacity for next year's projects. Therefore, if the City were to finish the project next year, a new contractor would need to be hired which would further increase the overall costs. Based on our contract, this option may not even be available to the City. 2 . The second option would be to go ahead and finish the project this fall and let the rezoning and development issues take their course. The rezoning may not occur or the actual sale and development of this property may take several years. If the City council elects this option and there is the need to install new services due to development, the Council should be prepared to waive their policy on no street cuts for 5- years once a new street is constructed. RECOMMENDATION: Staff recommends Alternative No. 2, which is to complete the project as scheduled, based on our contractual obligations. The 5-year no street cut policy is a good policy and is designed to protect new streets from utility cuts such as telephone, gas, electric, etc. as well as sewer/water services. It forces the utility companies to plan ahead andto update their systems at the same time as the City reconstructs the streets. But there is nothing sacred about the policy and sometimes there are situations that can't avoid the policy. Staff believes that this is one situation that merits a waiver of the 5-year policy, if needed due to future development of this area. ACTION REQUESTED: Move to direct the appropriate City staff to complete the 5th Avenue/Market Street Project as scheduled and to officially go on record as recognizing that the "5-year no street cut policy" may need to be waived on 5th Avenue between Spencer and Market Street and on Market Street between Fourth and Seventh Avenue depending on the final development of this area. ATTACHMENT #1 \ L_________ ______A L---- I rn I 1 • • At, • MAIN '` ' . .I /. 7 : .tia iPA H : : : H0000 : MARKET 0 MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Citywide Sidewalk and Trail Plans DATE: September 9, 1992 INTRODUCTION: At the August 6, 1992 , meeting the Planning Commission recommended that the City Council approve the proposed Sidewalk and Trail Plans. BACKGROUND: Over the past year the Planning Commission has been reviewing the sidewalk and trail plans. Eight memos addressing various issues involved with sidewalks and trails were reviewed and discussed. The following is a summary list of discussion topics: Memo Date Topic 9-30-91 Review the Comprehensive Plan for direction on sidewalk and trail planning. 11-27-91 Review regional and state planning efforts for trails. 1-8-92 Survey of pedestrian problem areas within the City. 1-31-92 Review existing City Code requirements and standards for sidewalks and trails. 4-30-92 Develop definitions for sidewalks and trails. Where are each located? Who uses? Who pays for them? How should they be constructed? Establish locational criteria. 5-27-92 Review draft sidewalk plan and trail plan. 6-29-92 Implementation Memo No. 1 - review priority lists and proposed design standards. Estimate sidewalk and trail distances. Review construction costs. Identify who should potentially pay for improvements and when. 7-31-92 Implementation Memo No. 2 - Coordinating construction with the Capital Improvement Program (CIP) . Recommendation on proposed plans. 8-20-92 Implementation Memo No. 3 - review sidewalks along local streets. Delay recommendation on this item until the Street Width Study is underway. Definitions Defining sidewalks from trails was an important step in the planning process. The following points help distinguish sidewalks from trails as two distinct but interrelated systems: Sidewalks (Access) Provide access along and to properties from the adjacent rights-of-way. Generally serve neighborhoods and specific properties. Installed as a requirement of subdivision plat process. Constructed out of concrete. Most often found in the urban area of Shakopee. Direct benefit generally to adjacent property owners. Generally maintained by adjacent property owners. rails (Connection) Provide connections between park facilities or other amenity areas within the City and surrounding the City. Often related to a natural feature (Minnesota River Valley Trail, Upper Valley Drainageway) . Generally serve the community and the region. Installed as a local, regional, or state project, sometimes required in subdivision plat process. Generally constructed out of asphalt. Generally located in the easements or along County Roads. Generally less direct benefit to adjacent property owners. Generally maintained by the public sector. DISCUSSION: Attached are copies of the maps identifying the proposed locations of sidewalks and trails in the City (Exhibits A and B) . Please be advised that the 11" by 17" copies do not copy well and as a result are hard to read. Staff will present the full size maps at the September 15 City Council meeting. Sidewalk Plan In order to more efficiently address the limited resources available to construct an efficient and safe sidewalk system, a prioritization of sidewalk types was developed. In the recommendation to the City Council the Planning Commission established the following priorities for implementation of the sidewalk plan: 1. Along designated school routes. 2 . Along minor arterial streets (both sides) . 3. Along collector streets (both sides) . 4. Around schools and parks. 5. Around commercial development. 6. Around public facilities. 7. Along local streets. The emphasis of the priority list is to get sidewalks constructed in areas where they are most needed for pedestrian safety. The Planning Commission recommended that sidewalks should be constructed in areas where children are walking to and from schools. Staff is working with ISD 720 officials to designate routes. A second priority involves sidewalks along major streets (arterials and collectors) . These streets carry higher traffic volumes with higher speeds. Separating pedestrians from vehicles is critical along these streets. The attached Sidewalk Plan proposes sidewalks in the urban area only. This area includes the RTD area to the east and the Bypass to the south. The sidewalks shown on the plan reflect all those shown in the priority list except sidewalks along local streets. A recommendation for local street sidewalks will be presented with the Street Width Study. Trail Plan Trails were defined early in the planning process as being a system connecting parks or other amenity areas for the residents of Shakopee. Within the City are two major trails (portions existing and proposed) being developed by the DNR and the Scott-Hennepin County Parks Board. The DNR's Ft. Snelling Trail runs along the Minnesota River. Eventually this trail will be constructed through to Ft. Snelling. This trail is a tremendous recreational resource. The Scott-Hennepin County Parks Board is proposing a trail running north-south through Shakopee. This trail will eventually connect downtown Shakopee with O'Dowd Park, Spring Lake Park, Cleary Lake Regional Park, and the Murphy-Hanrehan Park Reserve. This system of connected parks is another quality of life asset for Shakopee residents. The City of Shakopee is building a trail system through the Upper Valley Drainageway. This trail will provide immediate access for thousands of Shakopee residents living in the Urban Residential area. It has the potential to serve as a valuable connector to a large number of amenity areas within the City. The emphasis of the proposed Trail Plan is to build from these previous trail planning efforts. The City' s trail system should provide connections to the regional and state trail systems for its residents. Three trail types were established in the planning process. They are as follows: 1. State and regional trails. 2. Community Trails. 3 . Neighborhood trails. The Planning Commission recommended the following trail locational criteria for the three trail types: 1. Community trails should complement existing and proposed regional (Hennepin-Scott system) and state (DNR) trails. 2 . Trails should connect recreation and amenity areas with areas of potentially higher pedestrian traffic volumes. 3. Trails should be continuous with other trail systems and/or sidewalks in the City. 4 . Trails should provide access in the City where sidewalks are deficient. 5. Neighborhood trails should be the primary pedestrian circulation system in the rural service area. 6. Neighborhood trails should be connected with community and regional trails where possible. Community trails would generally be constructed by the City since they serve a larger area. The Planning Commission recommended the following priority list for the construction of community trails: 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 Design Standards Included with this memo are six typical design sections for sidewalks and trails. Staff would like to call to the City Council 's attention the two roadway trail designs (urban and rural sections) . A significant amount of the trail system, especially in the rural area, can be provided as part of the roadway system if designed properly. Numerous other cities and counties have utilized a wider roadway for such trail systems. these types of trail systems are much more feasible economically. Staff would envision that eventually the roadway trail system would be replaced with separate trails as further urbanized development occurs. Implementation It is obvious that the cost involved with constructing the proposed sidewalks and trails is beyond one or two years worth of city budgets. It will take several years to construct the proposed sidewalk and trail system. Staff estimates that it will take approximately 12-13 years to construct the proposed sidewalk system excluding sidewalks along local streets. The proposed trail system will take approximately 20 years. It should be noted that the plans illustrate existing and future needs. The entire system should be built over a longer period of time rather than in a few years. As development occurs to the south, the need for additional sidewalks and trails can be more properly coordinated by using these plans and priority lists as a guide. The purpose of the priority lists for sidewalks and trails is to match the highest needs with public investments. The list can and should be amended in the future as appropriate. To budget for the investment of the pedestrian facilities as proposed, staff has suggested that annual programs for sidewalk and trail construction and repair be created. As proposed in the 1993- 1997 Capital Improvement Program (CIP) , an annual expenditure should be made to construct and/or improve our sidewalk and trail systems. The proposed amounts for each program include: 1. Sidewalk Construction Program - $50, 000 2 . Trail Construction Program - $25,000 3 . Sidewalk Repair Program - $25, 000 4 . Trail Repair Program - $5, 000 The annual or ongoing programs would be similar to the current Sidewalk Repair Program. Expenditures would be based on the previously discussed priority lists for sidewalks and trails. Each year the City Council would review proposed expenditures for sidewalks and trails in the CIP process and the individual project approval process. The construction of sidewalks and trails by the public sector is only one half of the implementation picture. The private sector can and should be an important player in the implementation of a comprehensive pedestrian system. As development occurs, the City has the authority to require necessary improvements for its citizens. Generally, a range of improvements such as streets, curbs, and sidewalks are required in the subdivision platting process. This could be expanded to include other City approvals, such as conditional use permits or building permits. A large portion of the proposed sidewalk and trail system can be constructed through the development review process. It should be noted that many of the existing sidewalks and trails in Shakopee have been constructed by the development community already. Coordinating and guiding development becomes the public sector's essential role in this half of the implementation effort. Timing for the construction of sidewalks and trails is dependent on the private sector as well as governmental agencies. The plans illustrating the proposed sidewalk and trail systems are essential tools in guiding both the public and private sector actions. Since the maps are critical to the coordination of the various actions taken by both the public and private sector, the Planning Commission is recommending the adoption of the two plans to guide the construction of sidewalks and trails with future development. Without the plans guiding the location of sidewalks and trails, poor decisions are more likely to be made on when and where these pedestrian facilities should be provided. The plans are intended to serve as general guides for both the City and the development community in building safe and economical sidewalk and trail systems. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that the City Council adopt the proposed Citywide Sidewalk and Trail Plans. 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'ter , _ ,, . a �� immpaep s%�p it0 _ _ r ni-u larger IIIIMIFIrpli * Is rn ergot �Mr MillioLINFowaRc-, osi_vi• - a SI wee I Il Air i' a'1C �� ' , alp ( il _;_ _ ; k rigrw,i7:ti,fi , It • J 4 J ). n FM ,. .. j , . �x I .J T !! 11r i t r _.- _ ii ._._0 ._-1— --...14 fir' td I OOH T � 1 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Selection of Asbestos Removal Contractor DATE: September 9, 1992 INTRODUCTION: Prior to acquiring the Marquette Bank facility, an asbestos analysis was completed for the facility. The analysis determined that there was asbestos bearing materials within the facility. Asbestos removal was not included in the remodeling bid specifications. It would therefore be appropriate at this time to select an asbestos removal contractor. BACKGROUND: When Bossardt Corporation was hired as the Construction Manager, it was clearly specified that they would not be responsible for handling the asbestos removal from the new facility. In an effort to complete the project in a timely manner, it is critical that we get an asbestos removal contractor on board as soon as possible. Staff has received cost quotations from three asbestos removal contractors. All the contractors are State approved and licensed to handle hazardous waste materials. All have worked on similar projects to what we are proposing. The cost quotations are based on an hourly basis (time and materials) . An exact cost will not be known until construction actually begins on the facility. However, Bossardt Corporation included $2, 000. 00 in their project budget for this expense. Some of the asbestos material contractors had the opportunity to visit the facility. They were also each given a copy of the asbestos analysis. Staff requested the potential contractors to submit quotations on an hourly basis with a not to exceed cap. Shown in attachment #1 is a summary of the quotations received. Staff recommends that the appropriate City officials be authorized to enter into an agreement with Envirobate Service Inc. for asbestos removal at the new City Hall facility. Envirobate was recently selected by the City of St. Paul after an extensive bidding process. Envirobate has agreed to offer us the same price schedule accepted by St. Paul. Envirobate is also under contract with the University of Minnesota. I should also note that Envirobate was selected over Advanced Specialist Inc. in the St. Paul bidding process. Envirobate Services Inc. presented the lowest overall cost quotation. ALTERNATIVES: 1. Authorize the appropriate City officials to enter into an agreement with Envirobate Services Inc. for asbestos removal at the new City Hall facility. 2 . Authorize the appropriate City officials to enter into an agreement with one of the other providers. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REODESTED: Authorize the appropriate City officials to enter into an agreement with Envirobate Services Inc. for asbestos removal at the new City Hall facility. Asbestos Removal Quotations 1. Advanced Asbestos Removal Inc. Larry Eaton - 228-9090 $40.00 per hr. per man price includes all standard costs associated with typical abatement scenario (disposal, permit fees, air clearance, etc. ) -PLUS- Extra add on costs - 1. Travel time - not to exceed one hour per day per man. 2 . Air Monitoring 2. Paul Williams Environmental Paul Sullwold - 445-4444 $40. 00 per hr. per man -PLUS- Extra add on costs - 1. Asbestos Disposal 2. Air Monitoring 3 . Permit Costs 4 . Supplies 5. Chemicals 3 . Envirobate Services Inc. Jeff Anlauf - 825-6878 Supervisor - $26. 11 per man Laborer - $23 . 19 pr man -PLUS- Extra add on costs - 1. Asbestos Disposal 2 . Air Monitoring 3 . Permit Costs 4. Supplies 5. Chemicals MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Cable Attorney Selection DATE: September 11, 1992 INTRODUCTION: On August 31, 1992 the Shakopee Cable Commission met to review a request from Amzak Cable, Midwest, Inc. to close the headend facility in Shakopee. The Cable Commission has requested staff to obtain cost quotations from an independent consultant and/or legal counsel to conduct an analysis of Amzak Cable, Midwest, Inc. proposal to combine headend facilities with the City of Chaska. BACKGROUND: The Cable Commission felt that the request submitted by Amzak Cable, Midwest, Inc. constituted a major change to the Franchise Ordinance. Therefore, it was their belief that an amendment to the Franchise Ordinance would be necessary. However, before making any official recommendation to City Council on the necessary Franchise Ordinance Amendment, the Cable Commission felt it was important to have either a consultant and/or legal counsel research Amzak's proposal in greater detail. Legal counsel could also prepare any necessary Franchise Ordinance language changes or Joint Powers Agreements that may be necessary to facilitate Amzak Cable, Midwest, Inc's. proposal. The unofficial minutes of the August 31, 1992 Cable Commission meeting have been included with this agenda packet as a non-agenda informational item. The minutes will provide Council with some insight on the dynamics of Amzak's proposal. Staff has contacted the law firm of Moss & Barnett regarding their assistance in drafting any necessary Franchise Ordinance Amendments that will be necessary as well as a potential Joint Powers Agreement. Mr. Adrian Herbst, is a member of the Moss & Barnett Law Firm. Mr. Herbst drafted our current Cable Franchise Ordinance and was also instrumental in drafting major Franchise Ordinance Amendments that were adopted in 1988. Mr. Herbst stated that he could provide the City with the necessary assistance that they are looking for in considering Amzak Cable, Midwest, Inc's. proposal. Mr. Herbst estimated that the cost for his services would range between $1,500.00 and $3, 000.00. Mr. Mike Kazma, Assistance Manager, Amzak Cable, Midwest, Inc. in Shakopee has agreed to reimburse the City for consultant and/or attorney costs incurred in dealing with their request. Mr. Kazma has submitted a $3, 000.00 deposit with the City as security to offset legal costs incurred by the City. Staff would like to recommend to City Council that the appropriate City officials be authorized to retain the services of Moss & Barnett to complete an analysis of Amzak Cable, Midwest, Inc's. proposal as well as any necessary Ordinance Amendments and/or legal documents that may be necessary. ALTERNATIVES: 1. Authorize the appropriate City officials to retain the services of Moss & Barnett to complete an analysis of Amzak Cable, Midwest, Inc's. proposal and any necessary legal documents that will be necessary to combine the Shakopee headend facility with the Chaska headend facility. 2. Retain the services of some other consultant and/or law office. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to authorize the appropriate City officials to retain the services of Moss & Barnett to complete an analysis of Amzak Cable, Midwest, Inc's. proposal as well as any necessary Ordinance Amendments and/or legal documents that may will be necessary. BAS/tiv TAMI\ADMIN\CABLEATT CONSENT iz MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment to Park & Recreation Advisory Board DATE: September 9, 1992 INTRODUCTION AND BACKGROUND: Attached is a resolution appointing Mr. John Tieben to the Park & Recreation Advisory Board to fill the vacancy created by the recent resignation of Ron Larson. At their regular meeting on September 1st, the City Council nominated Mr. Tieben to the Park & Recreation Advisory Board. Todate his is the only application the City has received for the opening. It would be appropriate to appoint Mr. Thieben to the Board at this time. RECOMMENDED ACTION: Offer Resolution No. 3662, A Resolution Appointing John Tieben Sr. to the Park & Recreation Advisory Board, and move its adoption. APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7:30 p.m. Community Development Commission 3rd Wednesday at 5:00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities 1st Monday at 4: 30 p.m. Commission Park & Recreation Advisory Boar 4th Monday at 7: 00 p.m. Police Civil Service Commission As Needed Community Youth Building 2nd Saturday of the month Committee at 9: 00 a.m. Board of Review 7:00 p.m. 2 to 3 Tuesdays in May Ie Name: fJ Hr' m- 1ilei^) Address: Joe l =1D • fucLC C Phone: (H) If9./— iS-2i (B) How long have you been a resident of Shakopee? /6 // A v Occupation: Li'Ti ,f'P Does your work require you to travel? (check one) _ A great deal _ Periodically Very little X Not at all • CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Nom anion to Park & Recreation Advise. y Board DATE: August •8, 1992 INTRODUCTION AND B. KGROUND: The City has re -ived an application -rom Mr. John Tieben, Sr. for the Park & Recrea. ion Advisory Boar• . The City has an .pening on thea 'ark & Recreation Advisory Board due to the recent esignation p'- Ron Larson. The opening was advertised in the Shako.ee Valley. '-ews, it was mentioned in the Business Update from City . Hall,/ which appears in the Chamber Newsletter, and it was mmntioned in the Leisure Ledger column of the Shakopee Valley News. Todat; we have received one application. If a nomination to the p-.sition is made at the September 1st meeting and the appointment :s made at the September 15th meeting, Mr. Tieben would be able take office at the next Park and Recreation Advisory Board iee• ing. on September 28th. If additional ape icatio s are received between now and September 15th, Counc ' could Rake additional nominations at the September 15th Counci meeting. RECOMMENDED ACTION: Move to nominate Mr. John Tieben, Sr. to the Park & Recreation Advisory Board. / Do you have any special interests or training which you feel a particular board or commission could use? (Use separate sheet if necessary) tic ek ; 6 v.: "1H rec yam. CALL Board qor Commission in which you are interested?/� ma /ow Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: / HAv;= �•or' - A- 9-1 C p—i J rc J .r it 'H � �� FT !JAL L PfoCflt Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No X . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. Rd B h a Ff A k Lt y7 - /777 2 . F/!ZD kLtea 4 9l 17(4) 3. V/ C K G tic X ©N 4*y'.r" I hereby certify that the facts within the foregoing application are tru= and correct to the best of my knowledge. Signature RETURN APPLICATION AND PLEDGE TO: f - )S--15 SZ-- Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 DATE RECEIVED: 1 i c- 77 ,- AUG 2 &1992 "'PEE. CITY OF Sh%;"`' -- CITY OF SHAKOPEE BOARDS AND COMMISSIONS VOLUNTEER PARTICIPATION PLEDGE 1) I agree to attend an annual Board/Commission evening orientation held in January once during my first two years on the Board/Commission. / YES A NO 2 . I agree to read the agenda material provi• -d prior to the Board/Coission meetings so that I am prep. ed to participate in discus '`pn. YES\ /A NO 3 . I agree to read a 'd use the attach-: "How To Aid Discussion By Asking The Right cuestions" to = hance my performance as an active Board/Commis-ion member YES /( NO 4 . I agree to offer discu—ion on the pros and cons of the policy/issue being dis• sed and agree to refrain from personal criticism direct-• toward citizens, applicants, fellow Board/Commissio memb- s and staff. YES NO 5. I acknowledge the City's requirem- is regarding attendance (Outlined in Sect'on B, Subparagraph ) and understand that I can be removed from a Board/Commi -ion because of poor attendance. YES NO 6. I agree to call City Hall to notify the ap• opriate staff person whe I cannot attend a regularly schedu -d meeting. YES ?( NO 7. I a ee to refrain from voting on issues where I have a conflict of interest. YES NO Jii� Applicant ;r-) s 7,2— Date RESOLUTION NO. 3662 A RESOLUTION APPOINTING JOHN TIEBEN SR. TO THE PARK AND RECREATION ADVISORY BOARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Mr. John Tieben, Sr. is hereby appointed to the Park & Recreation Advisory Board to fill the unexpired term of Ron Larson ending January 30, 1993. Adopted in adjourned regular session held this 15th day of September, 1992 . Mayor ATTEST: City Clerk Approved as to form City Attorney CONSENT / 26 MEMO TO: Dennis Kraft, City Administrator FROM: John DeLacey, Engineering Tech. III SUBJECT: Municipal Swimming Pool Improvements Project No. 1992-5 DATE: August 31, 1992 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Municipal Swimming Pool, Project No. 1992-5. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 3664, A Resolution Accepting Work on the Municipal Swimming Pool Improvements, Project No. 1992-5 and move its adoption. JD/pmp MEM3664 RESOLUTION NO. 3664 A Resolution Accepting Work On The Municipal Swimming Pool Improvements Project No. 1992-5 WHEREAS, pursuant to a written contract signed with the City of Shakopee on March 17, 1992, Global Specialty Contractors, Inc. , 115 W. Washington Avenue, Fergus Falls, MN 56358 has satisfactorily completed the Municipal Swimming Pool Improvements, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CERTIFICATE OF COMPLETION CONTRACT NO. : 1992-5 DATE: August 31 , 1992 PROJECT DESCRIPTION: Municipal Swimming Pool CONTRACTOR: Global Specialty Contractors , Inc . 115 W. Washington Ave . Fergus Falls , MN 56538 ORIGINAL CONTRACT AMOUNT $ 114 , 580. 00 QUANTITY CHANGE AMOUNT $ (4 , 000 . 00) CHANGE ORDER NO. THRU NO, AMOUNT , , . $ -o- FItCONS TRACT AMOUNT 110 , 580. 00 I L \'`_'u�_ P $AYMENTS 5 ttn . san no g -o- :y certify that the above described work was inspected sect supervision and that, to the best of my belief and S , I find that the same has been fully completed in all l according to the contract, together with any modifications :d by City Council . I, therefore, recommend above specified payment be made to the above named Contractor. Professional Engineer • 192-B C134 - Minnesota Department of Revenue Re..g/ae Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. corn nam u..+m ID number _-.. Global Specialty Contractors, Inc. 2922939 — .btiv-Y.Wk'man I P.O. Box 908 April, 1992 oar SOS rip c . MmM'ea til ad-d . . . .. June, 1992 Tool van wrou,l: $114,580. •- Tremae natter .. Mani IDl due. ( 612 ) 890-4655 • - • Did you have employees work on this project? yes Project timber 1992-5 If none,explain who did the work: Project location: City of Shakopee Protect Owner: City of Shakopee Address Check the box that describes your involvement in the project and fill in all information requested in that category: ® Sole contractor ❑ Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: ❑ Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue beforeyou can file your affidavit. For each subcontractor you had,fill in the business information below,and attach a copy of each subcontractors certified IC-134. (II you need more space,attach a separate sheet.) Business name Address OwnerfOfficer —esent an that r rmaton I have tilled in on this form is mis and complete tome oast of my know,aoge and bel,el. I autonie me Depararem of Revenue to disclose pertinent infomwoon ratan;to this protect.including sending copes of this torn to the are caw-actor it I am a subcontractor.and to any subcontractors d I am a prime contractor,and to the contracting agency. rosaao.sr ma Dabs Payroll 8/7/92 For certification,mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610. St.Paul,MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue. 1 certill that the contractor wno has signed this certificate has fulfiller]all the reau.rements of Minn s taetatutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages id ip emolov s reNin I 'fr s / - ith the state of Minnesota anchor its Subdivisions. CON`SEN T 2c MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of Drainage and Utility Easements DATE: September 11, 1992 INTRODUCTION: The attached Resolution No. 3666 sets a public hearing date to consider the vacation of the drainage and utility easements between Lots 2 and 3 , and between Lots 3 and 4, Block 1, Canterbury Park 1st Addition. DISCUSSION: The City has received a petition from Jon Albinson of Valley Green Business Park to vacate the drainage and utility easements between Lots 2 and 3, and between Lots 3 and 4, Block 1, Canterbury Park 1st Addition. The attached resolution sets a public hearing for October 20, 1992. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. ACTION REOUESTED: Offer Resolution No. 3666, A Resolution Setting the Public Hearing Date to Consider the Vacation of the Drainage and Utility Easements between Lots 2 and 3 , and between Lots 3 and 4, Block 1, Canterbury Park 1st Addition, and move its adoption. RESOLUTION NO.3666 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF THE DRAINAGE AND UTILITY EASEMENTS BETWEEN LOTS 2 AND 3, AND BETWEEN LOTS 3 AND 4, BLOCK 1, CANTERBURY PARK 1ST ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that the drainage and utility easements between Lots 2 and 3, and between Lots 3 and 4, Block 1, Canterbury Park 1st 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 20th day of October, 1992, on the matter of vacating the drainage and utility easements between Lots 2 and 3, and between Lots 3 and 4, Block 1, Canterbury Park 1st 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 #- 15a MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Noise Ordinance Exemption for Rahr Malting Construction Activity DATE: September 15, 1992 INTRODUCTION: Rahr Malting Company has requested an exemption from the noise ordinance for the construction of Malt House #5. BACKGROUND: The Rahr Malting Company is in the process of obtaining a building permit for the construction of Malt House #5. This facility is expected to receive a building permit within the next one to two weeks. The construction process to be used for the construction of the 265 foot tower will be a continuous pour slip form procedure. This will involve a 24 hour a day operation where concrete is poured on a continuous basis and the slip form for the building is elevated as the concrete is poured. There will be two shifts of 80 workers each and each shift will be for 12 hours. The attached letter from Rahr describes the project in greater detail. Section 10. 60 Subd. 3 paragraph D of the Shakopee City Code limits construction activities between the hours of 7:00 a.m. and 10: 00 p.m. on weekdays and 9:00 a.m. and 9: 00 p.m. on weekends and holidays. Very obviously this limitation would not allow the continuous pour to occur. The City Code specifically allows the City Council to suspend the provisions of this section. It is in the best interest of Rahr, and of the City, that the process be allowed to proceed as designed. The City has periodically allowed other construction activity of this magnitude to occur outside of the ordinance delineated hours, e.g. the new downtown bridge. RECOMMENDATION: It is recommended that the City Council grant an exemption to Rahr Malting to suspend the operation of Section 10. 60 Subd. 3 paragraph D as provided for in the City Code. More specifically, it is recommended that the City Council allow the Rahr construction activity to occur on a 24 hour per day basis commencing no earlier than September 21, 1992 and terminating no later than October 30, 1992 . It is anticipated that actual construction activity should take no longer then 21 days. ACTION REOUESTED: Move to suspend the operation of Section 10. 60 Subd. 3 paragraph D as applies to the Rahr Malting, Malt House Number Five construction project for the period from September 21, 1992 through October 30, 1992, and direct that the City give public notice of the nature and limits of the suspension. RAHR MALTING CO. SINCE 1847 800 WEST FIRST AVENUE,SHAKOPEE,MINNESOTA 55379, PHONE 612/445-1431 September 15 . 1992 SFp Cf-ri, 61998 Honorable Mayor and City Council Members irOWFE. City of Shakopee 129 East First Ave . Shakopee . MN 55379 Dear Honorable Mayor and Council Members . Rahr Malting Co. requests that the city temporarily suspend section 10 . 60 subd. 3 paragraph D of the Shakopee city code which limits construction activities based on time of day . Rahr Malting Co . would like to commence with slipforming of our malthouse 4 5 structure on or about September 28 . 1992 . We require approximately 400 hours of continuous slipforming to complete the construction of the main tower . We only anticipate one stoppage of the slipform process in order to drop off the forms associated with the kilning portion of the building . The building will rise at a rate of eight inches per hour up to approximately the 100 foot elevation when the slip will be halted to drop off the kilning forms . The slip rate will be at ten inches per hour from this level up to the 265 foot completion . During the slipforming we will be receiving approximately 3 loads of cement per hour on a continues basis . These trucks will be coming from east into Shakopee . They will go down 169 and turn on to third street near our facility . The entry point to our property is on west side and they will cross our property to the construction site on the northwest corner where they will unload. All trucks waiting to unload will be staged on our property . Exiting of the empty trucks will he the reverse . The trucks will each contain approximately S yards of cement . The slipforming crews will work a 7 to 7 shift . Approximately 80 people will be on each shift . All parking for these individuals will be on the southwest portion of our property . MINNEAPOLIS,MINNESOTA•SHAKOPEE,MINNESOTA During the slip the noise will be from the truck traffic and work crew conversation . There should be no pounding or hammering . The construction site is concealed on the east side by our malt elevator and on the south side by our elevator annex. We request that we be granted this temporary suspension to allow us to complete the erection on a 24 hour per day basis . This will minimize construction costs and construction time . We anticipate that We will need this suspension in effect no sooner then September 21 . 1992 and no later then October 30 , 1992 . Sincerely RAHR MALTING CO. Dan Hennes Plant Manager The copies attached have been provided by the Fire Chief as informational material only, and could be helpful at our next budget meeting. SEP-09-1992 1642 FROM LASALLE PUBLIC FINANCE TO 17152942768 P.01 La-' No Natlond (dank - LASALLE E BANKS 410 1,tb Street Suite 2080 De - . Colorado 80202 (303) .34-7500 FAX. c, 534-5550 1 (8.9 825-7505 .. Pub6e Pk,�e� September 9, 1992 Gentlemen Financing Proposal for City of Shakopee Dear Gentlemen: At the request of Custom Fire Apparatus. LaSalle National Public Finance Is pleased to present the following lease purchase financing proposal to the City of Shakopee for the acquisition of 1 custom fire truck SCENARIO 1 SCENARIO 2 ACQUISITION COST: $600,000.00 $600,00.00 DOWN PAYMENT: $ AMOUNT FINANCED: $600,000.00 $OYe,0000.00 TERM: 4 YearB PAYMENT MODE: Ann. In arr. Ann. In err. INTEREST RATE: 5.87% 523% PAYMENT: $172,639.74 6142,166.70 TOTAL: $690,558.96 $710,833.50 LESS AMOUNT FINANCED: $600,000.00 $600,000.00 FINANCING COST: $ 90,558.96 $113100,,933.50 FACTOR:' .28773 SCENARIO 3 ACQUISmON COST: $600,000.00 DOWN PAYMENT: $ 0 AMOUNT FINANCED: $600,000.00 TERM: 7 Years PAYMENT MODE: Ann. In arr. INTEREST RATE: 6.51% PAYMENT: $109,437.33 TOTAL: $161,989.31 LESS AMOUNT FINANCED: $766,061.31 FINANCING COST: $166,081.31 FACTOR:* .18240 • Should the amount financed vary, simply multiply the factor times the new amount financed to determine the new payment amount SEP 9 ' 92 17: 27 FIREGRIP PRGE . 01 DUBLIN CAPITAL CORPORATION 814-798-0013 8241 RIverside Drive 1-800-633-7397 Dublin,Ohio 43017-5034 FAX 1.800.969.8886 September 9, 1992 Jim Kirvida Custom Fire via fax to: 715-294-2168 Re : shakoDee.MN Dear Jim; Thank you for inquiring about lease financing terms from Dublin Capital . Based on a total amount to be financed of 9600,000,and the customer making the initial annual lease payment upon delivery of the apparatus, Dublin Capital will provide lease purchase financing on the following terms , Amount Financed Term Rate AnnualPayment $600,000 4 years 6. 20% $173, 948 " " 5 years 6. 40% 143,991 " " 7 years 6 . 60% 109, 784 Thank you for requesting these quotes . The terms are firm for a period of 30 days, after which an adjustment may be re- quired. S' as A ho homa A. Lochner President SPP-09-1992 16:15 FROM LASALLE PUBLIC FINANCE TO 17152942168 P.03 - National Bank .. LASALLE BANKS To lock in the City's rate for the term of the loan, LaSalle National Public Finance will establish a vendor payable account on behalf of the City after favorable credit review and executed document approval. The City's first payment will be due one year from the dated date of the agreement, which Is anticipated to be around the time of delivery of the truck. The City will gcnttei the draws from this vendor payable account, however, no premature disbursements may le made. It is anticipated the venaor will In poIJ In full at msaipt and aecoptsnra of thn unit4, *or LaSalle National Public Finance to provide a timely funding for this transaction, we request the following: Three years audited financial statements, unaudited financial statements for the most recent fiscal year if audited statements are not available, and a budget summary for the current fiscal year. This financing is subject to credit review and approval and execution of mutually acceptable documentation, including the Opinion of Lessee's Counsel opining that the agreement is legal, Valid and binding, and qualified as a tax exempt obligation under the Tax Reform Act of 1986 as ended. This transaction will be designated as tax exempt debt under section 265(b) (3) of the Internal Revenue Code of 1986 as amended. The total amount of tax exempt debt to be Issued in this calendar year will not exceed the $10,000,000 limit These rates will be valid until October 9, 1992. If you have any questions, please do not hesitate to contact me at 1-800-825-7505. Sincerely, Judy L. Rosich Vice President