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02/16/1993
TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 16, 1993 LOCATION: 129 Holmes Street South Mayor Gary Laurent presiding 1) Roll Call at 7: 00 P.M. 2] Approval of Agenda 3) Liaison Reports from Councilmembers 4) Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *7] Approval of Minutes of February 2, 1993 8] Communications: a] Jack Van Remortel regarding acquiring water from Savage 9] 7:30 P.M. Public Hearings (Bring feasibility reports) : a] Proposed Improvements to Webster Street Between 3rd and 6th By Street Construction and Storm Sewer, 1993-4 - Res. 3745 b] Proposed Improvements To The Alley Between Market and Outlot A of Eastview Addition, and Minnesota and Dakota Streets from 7th North To The Alley By Street Construc- tion and Storm Sewer, 1993-5 - Res. 3746 10] Boards and Commissions: Planning Commission: a] Preliminary/Final Approval of Century Plaza Square 4th, lying South of 4th and West of Marschall Road - Res. 3741 b] Preliminary/Final Approval of Milwaukee Manor, lying North of 7th Ave. and East of Dakota St. - Res. 3742 c] Final Approval of Valley Park 11th Addition, lying North of 12th and West of Valley Park Drive - Res. 3744 *d] 1992 Annual Reports TENTATIVE AGENDA February 16, 1993 Page -2- 10) Boards and Commissions continued: Park and Recreation Advisory Board: *e] Shakopee Youth Building Committee - Res. No. 3747 11) Reports from Staff: a) McKenna Road Upgrade - tabled 2/2 b] Purchase of 1993 Dump Truck *c] Interfund Transfers *d] Equipment/Building Conveyance Agreement - ISD #720 *e] Boy Scout Storage Space - Recreation Building *f] City Hall Refuse Container Screening - tabled 2/2 *gj Approve Bills in the Amount of $506,483 . 17 *h] Local Recycling Development Grant Funds i] Roadway Width For County Road 18 Between CR-16 and CR-42 12] Resolutions and Ordinances: *a] Res. No. 3749 - Accepting Work on Tahpah Park Sprinkler, Project 1991-4 _i3] Other Business: a] Set committee of the whole meeting date b] c] 14] Recess for an executive session to discuss personnel issues, labor negotiations, land acquisition, and litigation. 15] Re-convene 16] 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: February 12 , 1993 1 . Attached is correspondence from CertainTeed regarding the odor at the Shakopee facility. 2 . Attached is a memorandum from the Assistant City Administrator regarding the Scott County Building Inspections Services Agreement. 3 . Attached is correspondence from Mark Hammerstrom, General Manager Amzak Cable regarding a Complaint Resolution Notification. 4 . Attached are the minutes of the January 4 , 1993 meeting of the Shakopee Public Utilities Commission. • 5. Attached is the Building Activity Report for January. 6. Attached is correspondence from Representative Myron Orfield regarding Revised Housing Bill Draft. 7 . The Shakopee Valley Ice Arena analysis is expected to be submitted on February 19, 1993 . It would be appropriate for the City Council to consider setting a Committee of the Whole meeting at some point in the near future to review the findings of the report. 8 . Attached is a correspondence from Mayor Laurent to various Metropolitan Council members in support of Councilmember Gloria Vierling's reappointment to the Metropolitan Waste Control Commission. 9 . Attached is a correspondence from Mayor Laurent to Audrey Rein regarding the Annual Heart Auction. 10 . Attached is a memo from the Assistant City Administrator regarding seasonal inspection services in the building department. 11. Attached is information on the Special Teleconference for Elected Officials from the League of Minnesota Cities. If you are interested in attending, please complete the attached registration form and return to Toni for processing. 12 . Attached find the Revenue and Expenditure Reports as of January 31, 1993 . 13 . Due to computer problems the February Board of Adjustment & Appeals and Planning Commission minutes are not attached. 14 . Attached is the Police Newsletter for Council review. CertainTeed Corporation 3303 E. 4th Ave. PO Box 506 CertainTeed El PO Shakopee, MN 55379 February 2, 1993 Mr. James M. McCann Enforcement Unit Compliance and Enforcement Section Air Quality Division Minnesota Pollution Control Agency 520 Lafayette St. Paul, MN 55155 re: Shakopee Facility, Odor Dear Mr. McCann: This letter is submitted as a monthly progress report required by your letter of September 5, 1991. It outlines activities concerning the odor issue at our facility in Shakopee since the last report dated January 5, 1993. During the month of December, JWP Air Technologies (Now Huntington Energy Systems) continued the construction of the equipment for this project. The control room construction is completed and we will install the electrical switchgear, lighting and HVAC unit in February. The thermal oxidizer equipment installation will begin in March. Current activity per the schedule is as follows: Activity Target Date Status Purchasing and March 5, 1993 Started in November delivery Control room Feb. 26, 1993 Started in November install See attached Gantt chart for delivery and installation schedule. Mr. James M. McCann page 2 February 1, 1993 Mr.Barry Stock, Assistant City Administrator with the City of Shakopee has requested to be copied on these monthly progress reports in order to keep the citizens of Shakopee better informed. Our next progress report will be submitted in early March, 1993 . Sincerely, 74. Gary (. Swenson, CPE Principal Plant Engineer GAS:mr cc: C. Carfrey J. Quaranta K. Everhart L. Hawk R. Krause M. Noone N. Robinson B. Stock, City of Shakopee (attachment) FEB 01 '93 02:17PM CERTAINTEED SMG BB 215 341 6606 P.2 FEB 01 '93 01:22PM g 0 1 c cp L.r j 7 7 O .s L ' Q L O r z a M 4' M o r Ilti z r 8 d r 3E. G Ro o _ ry N ^ 8^ L " ` g"' od L 8 e. » Wa a W m r Q. Q1 _ at o x ^� N- d ; 0 t z V 0 in C' . .i A z 8 x _ I. V E W Q m Z 0 0 W �_ 8 zCD Co ^ 8W'- VWN WWN oWN ZWN RwN aWN Wm c- m mWm AJ,711 L4"471 a o�rn 7 o�rn o a» Warn O. 01 ZY� Y4' Z1r' �.Y°' m3 f g3 I d I �`3 I W3 I 3� a0.3 1 w3� 2 .1". 63'.1, (.'3 1 m m o d o o c 8n $ 5 to-3 zo , wo zec� ao a,o �-� r_, W:= .-) zN7 alb r� 3QZ o � �I I .161 Wnj I Or.tn 9p 7 I �� I �7 =�.j i c7 I I s o �r^ c^o gi Orm0 Q^^ a~cNv O c°Dv ..r- W'- Q ^cf U I- M - . r r FEB 01 '93 02:16PM CERTAINTEED SMG BB 215 341 6606 P.3 FEB 01 '93 01:22PM C) a) c d v+ 4, Q t + , 2 Q - 0 W O d - O Z � d of - 2 8 CA`Cu N o . 2 a a � , Qt O fn V C , z u 0 r N C1 - cn o g 5 o o -WN 4WV OWE ZWIr) ZWr Z o1Cl o ofCt n wm Q NQ) < mg 024, p E5 3 ` _s II 3 j :2 3 I o 25 to yko-', o-'� 0 N LA. Rrt, 8, � nni ' N ss 6 0 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Building Inspections Services Agreement - Non-Agenda Informational DATE: February 2 , 1993 INTRODUCTION: Last year the City of Shakopee entered into a Building Inspection Services Agreement with Scott County. The agreement expires on February 28, 1993 . BACKGROUND: Between January 1st and April 30th, 1992 the City of Shakopee attempted to handle all building inspection and code enforcement services with one Building Official. In an effort to provide the City with coverage during the absence of the City's Building Official, the City selected to enter into an agreement with Scott County for back-up services. Last May the City hired a Temporary Building Inspector to assist the Building Official in completing building inspections. To date, the Building Inspections Services Agreement with Scott County has not been utilized. In reviewing the staffing needs of the Building Department I believe that it will be necessary to retain the services of the Temporary Building Inspector through 1993 and perhaps beyond. I do not envision a slow down in building activity in 1993 . Last year was also a record year in terms of single family housing starts (Up 25% from 1991) . I have been in contact with the Building Official for Scott County. He advised me that Scott County is also experiencing significant residential growth in the rural areas. He stated that they have limited staff to accommodate their own inspection needs. He stated that an agreement similar to the one that was drafted in 1992 would be possible but that he could not guarantee timely service for back-up inspections. Since we presently have a Temporary Building Inspector on board, I do not see the need to extend the Building Inspection Services Agreement with Scott County into 1993 . If building activity drops and we find that it may be possible to reduce the hours of the Temporary Building Inspector, I believe that we still can obtain emergency back-up inspection service from either Scott County or one of the surrounding communities on a quid pro quo basis. BAS/tiv AMZAK CABLE, MIDWEST, INC. (612)445-6151 (4) 137 - First Ave. E. • Shakopee,MN 55379 January 26 , 1993 Mr. Barry Stock City of Shakopee 129 E. First Avenue Shakopee , MN 55379 Dear Barry: Enclosed is a Complaint Resolution Notification which will be sent to our subscribers April 1 , 1993 in compliance with the requirements of Section 76 . 607 of the FCC Rules . We are required to inform our subscribers each year of procedures to insure any complaints concerning technical quality of the cable television signals are promptly and efficiently resolved. We are also required to advise our customers of the franchising authority to contact in the event technical complaints are not satisfactorily resolved . If you have any questions or concerns about this Notice, please call me within the next 5 days to discuss them so we can proceed accordingly. Thank you. 7,0s , / '��/ ammersArom General Manager Enclosure COMPLAINT RESOLUTION NOTIFICATION In compliance with the requirements of Section 76.607 of the FCC Rules,we are required to inform you that Amzak Cable Midwest, Inc.,has in effect the following procedures to insure any complaints that may arise concerning the technical quality of the cable television signals that we deliver to you are promptly and efficiently resolved: 1. All complaints we receive concerning the technical quality of your cable television signals will be logged into our computer system on the same day of receipt,and the date,time,and nature of your complaint will be noted,as well as your name,address,and telephone number. All efforts will be made by our service technicians and other employees to resolve any complaints concerning the technical quality of service promptly and efficiently. 2. However,if our service technician fails to correct the problem to your satisfaction,you may contact us and we will review the complaint and the corrective action taken. 3. All unresolved complaints concerning the technical quality of the cable television signals we provide to you should be put in writing and sent to our General Manager,Mark Hammerstrom,at the following address: 137 E. 1st Avenue,Shakopee,MN 55379. Alternatively,you may call the system at 571-9333.Your complaint will again be logged in,on the same day of receipt,and the date, time,and nature of your complaint will be noted,along with your address and telephone number. Your complaint will then be turned over to a system engineer for further action. 4. The system engineer will initially analyze your unresolved complaint and make an initial assessment as to its probable cause. Following this analysis,the technical quality of your cable television signals will be investigated further by a service technician within 24 hours of the receipt of your complaint,consistent with our ability to access your premises if such access is deemed necessary to resolve the complaint. If the problem can be resolved without a service call to your premises,you will be advised of this immediately and the resolution of the complaint will be noted in the log book which is maintained by the Chief Engineer. If we are not able to take any further action to correct the problem,we will promptly inform you of our determination and the reasons we cannot correct the problem. 5. If you believe our investigation and handling of your complaint is deficient in some manner,you may contact the local franchising authority in your city at the following address and telephone number: Barry Stock Kevin Maas Coralee Fox City of Shakopee City of Chaska City of Jordan 129 E.First Avenue One City Hall Plaza 210 E.First Street Shakopee,MN 55379 Chaska,MN 55318 Jordan,MN 55352 (612)445-3650 (612)448-2851 (612)492-2535 Barbara Swanson Jerome Bohnsack Cable Administrator City of Montrose City of New Prague City of Waverly P.O.Box 25 118 Central Ave.N. P.O.Box 189 Montrose,MN 55363 New Prague,MN 56071 Waverly,MN 55390 (612)675-3717 (612)758-4401 (612)658-4217 Sincerely yours, AMZAK CABLE MIDWEST,INC. Date:April 1,1993 y MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on January 4 , 1993 at 4 : 30 P .M. in the Uti3ities meeting room . MEMBERS PRESENT : Commissioners Kirchmeier, Cook and O'Tcole . Also Liaison Sweeney, Manager Van Hout and Secretary Menden. Motion by Cook, seconded by Kirchmeier that the minutes of the December 7 , 1992 regular meeting and the December 15 , 1992 special meeting be approved as kept . Motion carried . BILLS READ: City of Shakopee 20 ,032 . 00 ARA/Cory Refreshment Service 78 . 00 Joe Adams 1 , 500. 00 American Public Power Association 44 . 00 American Institute of Professional Bookkeepers 39 . 00 Automation Technology Inc . 110 . 80 Bauer Built Tire and Service Center 33 . 98 R .W. Beck and Associates 7 , 988 . 88 Border States Electric Supply 7 ,097 . 94 Burmeister Electric Co. 1 ,060 . 84 Champion Auto Stores 18 . 04 Chanhassen Lawn and Sports 14 . 70 City of Shakopee 37 . 45 Clay ' s Printing Service 429 . 85 Cooperative Power Co. 44 , 997 . 44 Ditch Witch of Minn . , Inc . 617 . 04 Feed-Rite Controls , Inc . 45 . 00 General Office Products Co . 245 . 13 Glenwood Iglewood 10 . 09 Gopher State One-Call , Inc . 317 . 14 Graybar Electric Supply Co . , Inc. 4 , 667 . 29 HDR 231 . 83 Hennen ' s ICO 7 . 50 Leef Bros . , Inc . 24 . 03 M-V Termogas Co. Chaska 8 . 79 M-R Sign 13 . 59 Metro Sales Inc . 450 . 00 Minnegasco 495 . 73 Minnesota Municipal Utilities Association 36 . 00 Minnesota Municipal Utilities Association 9 ,893 . 00 Minnesota Municipal Utilities Association 10 . 00 Minnesota Valley Elec Coop 271 . 72 Minnesota Valley Testing Labs . , Inc . 17 . 0 350. 00 Motor Parts Service Co. , Inc . 0 Northern States Power Co. 354,826 . 01 Northern States Power Co. 769 . 27 Office Products of Minn . , Inc . 3,415 . 00 Otter Tail Power Co. 125 . 15 E H Renner and Sons 158 . 69 Schoell and Madson , Inc . 4 ,018 . 55 Resource Profi ?e 650 . 00 Sears 115 . 01 Shakopee Public Utilities Commission 54 . 75 Al Smith Excavating 165 . 00 Starks Cleaning Services , Inc. 72 .42 State Chemical Manufacturing Co. 232 . 50 Dean Struck 94 . 56 T & R Service 34 . 00 Total Tool 83 . 82 UtilitySupply of America 52 . 56 ..uPF-_ U. S . West Communications 82 . 39 Lou Van Rout 115 . 59 Van 0 Lite, Inc . 75 . 84 Voss Lighting 133 . 81 Westinghouse Electric Supply Co. 2, 390 . 61 Widmer, Inc . 632 . 50 Yarusso' s Hardware Co. 39 . 57 Motion by Cook, seconded by O'Toole that the bills be allowed and ordered paid . Motion carried. A Communication from Dennis Kraft regarding the timing of the audit was read and discussed. It was the feeling of the Commission to request the auditor to try and comply with the May 1 deadline and to relay to the City Administrator thru the Liaison that all the reports needed from the City are given to the Auditor in a timely manner. A communication from a Shakopee Public Utilities customer commending Ken Menden on work done at his residence was given to the Commission . Liaison Sweeney gave a report to the Commission on the upcoming plans by the County to expand County Road 16 from County road 17 to 83 . The street construction on Webster Street is being done at this time from 4th to 6th St . Liaison Sweeney also reported that the final approval has been given to Milwaukee Manor PUD provided all conditions are met . The continuing search for a substation site was discussed . Kevin Farvero, R .W. Beck was present to give an updated report on the problems acquiring the land that was the choice of the Commission . The Engineers were directed by the Commission to rank the remaining sites in order of preference and as if undergrounding were not a problem. That way the Commission will have two sets of criteria to look at when picking a site. The site selection should be narrowed down to two or three. A communication from Dave Hutton giving 1993 Capital Improvement Projects and his request for SPUC input on the possibilities of replacing watermain on these projects . A comparison done by Art Young with the projects and where they fit into our Capital Improvement plan was discussed. It was recommended by the Commission to follow Art Young recommendations as to what projects should be accomplished for 1993 . A copy of the Minnesota Department of Health report covering an investigation of the Shakopee Public Utilities water supply was given to the Commission . Motion by O'Toole, seconded by Cook to accept the study from the Minnesota Department of Health dated 12/22/92 of our water supply and place on file . The State noted no out of specification perameters. Motion carried. The status report on the lead and copper testing was given to the Commission in a communication from Manager Van Hout . The Commission directed Manager Van Hout to send a letter to the State stating that we feel we are in compliance and that because of the failure of the seven sites we were concerned about the safety of our customers and had the seven sites retested twice at two different certified laboratories and found that six of the seven were within the guidelines therefore telling us that those sites were safe. The site that failed two of the three times is being retested another time to determine what course of action to take. It is our conclusion that we do not feel there is any type of a problem with our water . We will also send letters to the seven sites stating why we have had there water retested and thanking them for their compliance . , There will be a video teleconference on 1/15/93 on the lead and copper testing . Changes in the River Electric Association were given to the Commission . It was the recommendation of Manager Van Rout to let the River Electric Association be ended and let the Minnesota Municipal Power Agency pick up the task of intervening in rate cases Commissioner Kirchmeier inquired as to a timetable on getting the Shakopee Public Utilities building reroofed . , There were no new plats for December , 1 992 . T, lost tin; ac.c i d i t s f o Decvr'.ber 1992 . L ,Fre were n,.c ti There were Si_. fire calls foi a total "'f four hours and 50 rin:''tes for December , 1992 . The next regular meetirc, will be held on February 1 , 1993 at 4 : 30 P .M. in the Utilities meeting room . Motion by O'Toole , seconded by Cook to adjourn to executive session . Motion carried. Motion by Cook , seconded by O'Toole to adjourn from executive . session . Motion carried . There will he a special meeting of the Shakopee Public U'tilities Commission on January 13 , 1993 at 4 . 30 P.M, in the Utilities meeting room . Motion by O'Toole, seconded by Cook that the meeting be adjourned . Motion carried. b , ( ,\4 it di;7�. Barbara Menden, Comm-ssion Secretary #5 CITY OF SHAROPEE BUILDING ACTIVITY REPORT - JANUARY 1993 January 1993 January 1992 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 5 5 428,911 8 8 557,200 Single Family-Septic 1 1 28, 000 1 1 75, 400 Multiple Dwellings 1 1 105, 036 1 1 95, 000 (# Units) (YTD Units) (2) (2) - (2) (2) - Dwelling Additions 2 2 12, 500 1 1 12, 000 Other - - - - - - New Comm. Bldgs - - - - - - Comm. Bldg. Addns. - - - - - - New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages 2 2 31,540 - - - Signs & Fences 6 6 8, 148 2 2 6,300 Fireplaces/Wood Stoves 1 1 1,200 - - - Grading/Foundation - - - - - - Moving - - - - - - Razing - - - 1 1 12 , 380 Remodeling (Res. ) 1 1 4, 330 5 5 11,760 Remodeling (Inst. ) - - - - - - Remodeling (Comm/Ind. ) 7 7 679, 625 7 7 989, 000 TOTAL 26 26 1,299,290 26 26 1,759, 040 No. YTD. No. YTD. Electrical 44 44 31 31 Plumbing & Heating 29 29 45 45 Total dwelling units in City after completion of all construction permitted to date 4,800 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JANUARY, 1993 9788 PDQ Services 1428 East 4th Avenue Repair 10, 000 9789 Stahl Construction 889 Valley Park Drive Remodel 35, 500 9790 John McReynolds 3240 Marschall Road House (Move) 28 , 000 L 1 B 1, Mark J. Weinandt Addn. 9791 Stonebrooke Partnership 2693 C. R. 79 Storage Bldg. 26, 000 9792 Greystone Construction 406 West 1st Avenue Remodel 6, 400 9793 Viking Fence 406 West 1st Avenue Fence 3 , 800 9794 Cross of Peace Church Maple Trails Estates Temp. Sign 100 9795 Valleyfair One Valleyfair Drive Ride 600, 000 9796 Amoco 804 East 1st Avenue Remodel 8 , 500 9797 Amoco 804 East 1st Avenue Sign 1, 500 9798 Steven Scheunemann 2034 Heritage Drive Deck 2 , 500 9799 Detail Home Bldrs . 2008 Granite Drive House 77 , 218 L 16 B 2 , Heritage Place 4th 9800 Robert Jasper 1133 Shawmut Street House 85, 000 L 2 B 2 , Prairie Estates 2nd 9801 John Mahoney Const. 1204 Sunflower Circle House 75, 000 L 4 B 1, Prairie Estates 1st 9802 Gregg Bunting 1204 Vierling Court Remodel 4 , 330 9803 Vinyl Therm 333 West 4th Avenue Windows 18 , 000 9804 Gerard Kucera 214 West 1st Avenue Remodel 1, 225 9805 Vital Signs & Design 406 West 1st Avenue Sign 1, 530 9806 Heat-n-Glo 1029 Swift Street Fireplace 1, 200 9807 Shakopee Village Assn. 301-313 Shawnee Trail Decks 10, 000 9808 Clete Link Construction 1220 West 12th Avenue House 128 , 693 L 1 B 1, South Parkview 1st 9809 David Klein 2046 Heritage Drive Garage 5, 540 9810 MS Society 1155 East 1st Avenue Temp. Sign 18 9811 C. I. Realty 1536-1540 Roundhouse Cr. Twinhome 105, 036 L 12 B 2, Eagle Creek Junction 3rd 9812 Laurent Builders 1105 Polk Street House 63, 000 L 12 B 2, Minnesota Valley 7th 9813 Identi-Graphics 1147 Canterbury Road Sign 1, 200 Total: $1, 299, 290 CITY OF SHAKOPEE INCORPORATED 1870 tif, 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612)445-3650 0 ,,.. January 12 , 1993 (' Ms. Dottie Rietow, Chair Metropolitan Council 230 East 5th Street St. Paul , MN 55101 Dear Ms. Rietow: On behalf of the City of Shakopee, I would like to request your support and endorsement of Ms. Gloria Vierling for reappointment to the Metropolitan Waste Control Commission. Ms. Vierling has served as a Metropolitan Waste Control Commission member since 1988 . During this time, Ms. Vierling has gained valuable experience as a Commissioner who understands solid waste issues as they effect the entire metropolitan area. Ms. Vierling also has been able to function effectively in a non-partisan matter while dealing with a myriad of overlapping issues and jurisdictions. Within our community, Ms. Vierling has also been a long time Councilmember of the City of Shakopee. She has also represented the City on many occasions as a Councilmember liaison to various Metropolitan and regional governmental agencies . Ms. Vierling possesses strong leadership skills and always deals with issues and concerns in a fair and effective manner. Prior to serving on the Shakopee City Council Ms. Vierling also served on the Shakopee Planning Commission where she once again exhibited strong leadership qualities and gained valuable knowledge in the area of growth management, long-range planning and economic development. I 'm sure I speak for all communities in the Southwest Metropolitan Area who are in need of direct representation in the area of metropolitan governance when I ask for your endorsement of Ms. Vierling for reappointment to the Metropolitan Waste Control Commission. Sincerely, Gary L. Laurent, Mayor City of Shakopee CC: Mary Smith, Met. Councilmember District 13 Bonnie Featherstone, Met. Councilmember District 14 The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER CITY OFSHAKOPEE } ° r INCORPORATED 1870 1<<�Ko�C, MINNESOTA 55379-1376 (612)445.3650 ) 129 EAST FIRST AVENUE,SHAKOPEE, i, January 26, 1993 Audrey J. Rein Shakopee V.F.W. Post 4046 1201 East 3rd Avenue Shakopee, Mn 55379 Dear Audrey: Thank you for the invitation to your Annual Heart Auction. I'm sorry to say that . I It will eems thatunable that every year I havea confli eveninconflict on town that evening. the date of the Heart Auction! I would, however, like to thank and commend the V.F.W. Post and Ladies Auxiliary for the fine work that you do for our community. Organizing nis event reat such Bestthe wishesHeart and mu h su cess forop the1993 yort your efforts g Heart Auction! Sincerely, ., \14,3 (1/4?2"/"t Gary L. Laurent Mayor GLL:trw The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Seasonal Inspection Staffing - Building Department DATE: February 11, 1993 INTRODUCTION AND BACKGROUND: Late last year I reported that building permit activity necessitated the need to keep the temporary seasonal building inspector on board during the winter season which is traditionally a slow time. Since the temporary building inspector position is not full time, the individual holding the position has been seeking other employment. Earlier this week, he informed me that he had obtained additional part-time building inspection work with Mr. LeRoy Houser. Mr. Houser has a contract with the Mdewakanton Dakota Community for the various building projects that they are pursuing on the reservation. The temporary building inspector would like full time employment with the City of Shakopee. However, at this time he recognizes the budget limitations that we are operating under. The temporary building inspector has stated that he will be able to continue his part-time employment with the City but that his work schedule may reduce time spent with the City to approximately 20 hours per week. I wanted to bring this matter to the attention of City Council to point out the potential problem that we may have this Spring when building activity really takes off. The duration of the temporary building inspector's employment with Mr. Houser is expected to last through May 31st. If this is what actually occurs, I am optimistic that we can manage the workload. In an attempt to address any concerns that Shakopee residents may express regarding this arrangement, I have developed a daily time log inspection schedule that will be completed by the temporary building inspector. The time log will track each inspection that the temporary building inspector completes for the City and the time spent. This should hopefully resolve any concerns regarding the schedule of the temporary building inspector and his arrangement with Mr. Houser. mil Administrators please note: This 4.1 g information was not mailed directly to councilmembers, please distribute 3490 Lexington Avenue North it to your council. Thank you. St Paul,MN 55126 League of Minnesota Cities (612)490-5600 You're Invited! LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 1993 SAFETY AND LOSS CONTROL WORKSHOPS AND SPECIAL TELECONFERENCE FOR ELECTED OFFICIALS LMCIT member cities are invited to attend a one-day workshop on safety and loss prevention issues which focus on practical steps cities can take to avoid losses and minimize the cost of losses that do occur. A copy of the program and the dates and locations for the workshops are enclosed. The Loss Control Workshops run from 8:30 am to 3:30 pm and include tracks for administration, public works, police, and parks and recreation. Participants should feel free to move between tracks to hear presentations on the topics which interest them. Please pass this invitation along to employees in your city's parks and recreation, maintenance, public works, and police departments. Registration is only $15 which includes a workshop notebook and lunch. To register, just complete the blue registration form included with this mailing. For further information, contact either Lynda Woulfe, LMCIT, (612) 490-5600 or Vivian Hart, Government Training Service, at (612) 222-7409. LMCIT has applied for POST credits and Commerce Department continuing education credits for insurance agents. SPECIAL TELECONFERENCE FOR ELECTED OFFICIALS This year, LMCIT will also hold a special teleconference targeted at elected officials. The teleconference will be held on Thursday, May 13 and will be broadcast at the Anoka, Hutchinson, Pine City, St. Cloud, and Wadena Technical Colleges. Topics are targeted specifically for elected officials and include: "Sexual harassment -- policies and training"; "Employment Issues"; "Are you AWAIR"; "Can we close this meeting?"; and "Pay me know or pay me later". For a complete description of the issues covered, please refer to the enclosed program description. The teleconference will begin at 6:00 pm and adjourn by 9:00 pm. Registration is $10 per person and space is limited. Registrations will be taken on a first-come, first-served basis, so register early. To register, please complete the green registration form enclosed with this mailing. Please note, if demand exceeds availability, LMCIT may schedule another session. I,MC1'1''S 1993 LOSS CONTROL WORKSHOP SCHEDULE Date City Location April 8 St. Paul Earle Brown Center U of M St. Paul Campus 1890 Buford Avenue April 13 Alexandria Radisson Arrowwood 2100 Arrowwood Lane April 14 Crookston Northland Inn Highway 2 and 75 North April 27 St. Cloud St. Cloud Convention Center 10 S. Fourth Avenue April 28 Duluth Duluth Entertainment and Convention Center (DECC) 350 Harbor Drive May 5 St. Louis Park Sheraton Park Place 5555 Wayzata Boulevard May 19 New Ulm Holiday Inn 2101 South Broadway May 20 Rochester Mayo Civic Center 30 Second Avenue SE REGISTRATION FORM 1993 LMCIT SAFETY AND LOSS CONTROL WORKSHOPS (Please duplicate form to register more than one person) CHECK ONE DATE PLEASE CHECK THE TRACKS YOU PLAN TO ATTEND April 8 , 1993 Administrative Public Works Police St. PaulParks and Recreation April 13 , 1993 Administrative Public Works Police AlexandriaParks and Recreation April 14, 1993 Administrative Public Works Police Crookston Parks and Recreation April 27, 1993 Administrative Public Works Police St. Cloud Parks and Recreation April 28, 1993 Administrative Public Works Police DuluthParks and Recreation May 5, 1993 Administrative Public Works Police St. Louis ParkParks and Recreation May 19, 1993 Administrative Public Works Police New Ulm Parks and Recreation May 20, 1993 Administrative Public Works Police RochesterParks and Recreation I plan to stay for lunch I will not stay for lunch Yes, I want POST credits (POST # ) Yes, I want insurance continuing education credits Name: Title/City: Address: Phone Number ( ) - Check Number Mail registration form along with payment to: Government Training Service (COST IS $15 PER PERSON) 480 Cedar St., Suite 401 St. Paul, MN 55101 Checks should be made payable to Government Training Service and mailed no later than one week before workshop date. Administrators please note: This 4.1 g information was not mailed direct! to councilmembers, please distribu 3490 Lexington Avenue North it to your council. Thank you. St Paul,MN 55126 League of Minnesota Cities (612)490-5600 You're Invited! LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 1993 SAFETY AND LOSS CONTROL WORKSHOPS AND SPECIAL TELECONFERENCE FOR ELECTED OFFICIALS LMCIT member cities are invited to attend a one-day workshop on safety and loss prevention issues which focus on practical steps cities can take to avoid losses and minimize the cost of losses th .t do occur. A copy of the program and the dates and locations for the workshops are enclosed. The Loss Control Workshops run from 8:30 am to 3:30 pm and include tracks for administration, public works, police, and parks and recreation. Participants should feel free to move between tracks to hear presentations on the topics which interest them. Please pass this invitation along to employees in your city's parks and recreation, maintenance, public works, and police departments. Registration is only $15 which includes a workshop notebook and lunch. To register, just complete the blue registration form included with this mailing. For further information, contact either Lynda Woulfe, LMCIT, (612) 490-5600 or Vivian Hart, Government Training Service, at (612) 222-7409. LMCIT has applied for POST credits and Commerce Department continuing education credits for insurance agents. SPECIAL TELECONFERENCE FOR ELECTED OFFICIALS This year, LMCIT will also hold a special teleconference targeted at elected officials. The teleconference will be held on Thursday, May 13 and will be broadcast at the Anoka, Hutchinson, Pine City, St. Cloud, and Wadena Technical Colleges. Topics are targeted specifically for elected officials and include: "Sexual harassment -- policies and training"; "Employment Issues"; "Are you AWAIR"; "Can we close this meeting?"; and "Pay me know or pay me later". For a complete description of the issues covered, please refer to the enclosed program description. The teleconference will begin at 6:00 pm and adjourn by 9:00 pm. Registration is $10 per person and space is limited. Registrations will be taken on a first-come, first-served basis, so register early. To register, please complete the green registration form enclosed with this mailing. Please note, if demand exceeds availability, LMCIT may schedule another session. REGISTRATION FORM 1993 LMCIT SAFETY AND LOSS CONTROL WORKSHOPS (Please duplicate form to register more than one person) CHECK ONE DATE PLEASE CHECK THE TRACKS YOU PLAN TO ATTEND April 8 , 1993 Administrative Public Works Police St. Paul Parks and Recreation April 13 , 1993 Administrative Public Works Police Alexandria Parks and Recreation April 14, 1993 Administrative Public Works Police Crookston Parks and Recreation April 27, 1993 Administrative Public Works Police St. Cloud Parks and Recreation April 28, 1993 Administrative Public Works Police Duluth Parks and Recreation May 5, 1993 Administrative Public Works Police St. Louis Park Parks and Recreation May 19, 1993 Administrative Public Works Police New Ulm Parks and Recreation May 20, 1993 Administrative Public Works Police Rochester Parks and Recreation I plan to stay for lunch I will not stay for lunch Yes, I want POST credits (POST # ) Yes, I want insurance continuing education credits Name: Title/City: Address: Phone Number ( ) - Check Number Mail registration form along with payment to: Government Training Service (COST IS $15 PER PERSON) 480 Cedar St., Suite 401 St. Paul, MN 55101 Checks should be made payable to Government Training Service and mailed no later than one week before workshop date. 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Reg. Session Shakopee, Minnesota February 2 , 1993 Mayor Laurent called the meeting to order at 8 : 07 PM with Cncl. Vierling, Lynch, Beard and Sweeney present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Sweeney/Vierling moved to approve the agenda with the following additions: 15a) Move to the new City Hall; 15b) City Hall bell. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for an H.R.A. meeting at 8 : 09 PM. Mayor Laurent reconvened the City Council meeting at 8 : 19 PM. Liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked for comments from anyone in the audience wishing to speak on any item not on the agenda. Mr. Joe Kelly, 8920 Eagle Creek Blvd, addressed Council on the County Road 18 construction plans and passed out a packet of information for the Councilmembers as to the plans dating back to 1989 . Mr. Kelly stated that County Road 18 should remain a two-lane road and asked the Council to look into this more thoroughly. Ms. Vicky King, representing the County Road 18 Citizens Committee, requested that the City ask the Scott County Board if this topic was to be discussed that the engineer and representatives of the Committee be notified. The following item was added to consent business: 13j ) Hiring of Law Firm to Represent the City in the M.P.R. S. Lawsuit. The following item was deleted from consent business: 12b) Amending Res. No. 3650, Approving Final Plat of Maple Trails Estates 1st Addition - Res. 3739 . Beard/Vierling moved to approve the consent business as corrected. Motion carried unanimously. Beard/Vierling moved to approve the Minutes of December 15, 1992 , and January 19 , 1993 . (Motion carried under consent business. ) Beard/Vierling moved to grant the developer of Market Place an additional 180 days in which to file the Final Plat with the Scott County Recorder's Office, and moved its adoption. (Motion carried under consent business. ) Official Proceedings of the February 2 , 1993 Shakopee City Council Page -2- Mayor Laurent stated that his company was representing the land owner of Maple Trails Estates and felt this would be a conflict, therefore, he passed the gavel to Vice Mayor Lynch and removed himself from involvement in this item. Sweeney/Vierling offered Resolution No. 3739, A Resolution Amending Resolution No. 3650, A Resolution Approving the Final Plat of Maple Trails Estates 1st Addition, and moved its adoption. Motion carried with Mayor Laurent abstaining. Vice Mayor Lynch returned the gavel to Mayor Laurent. Lynch/Vierling moved to remove item 13a) Foothill Trail Drainage from the table. Motion carried unanimously. Ms. Marty, due to being gone on vacation, did not have time to look into the legal issues of this matter and it was suggested that this item be tabled again until further information could be obtained. Beard/Lynch moved to table the Foothill Trail Drainage until receiving further information from Staff. Motion carried unanimously. Beard/Vierling moved to authorize staff to submit Spencer Street between 4th Avenue and 10th Avenue to Mn/DOT to add to the City's State Aid System. (Motion carried under consent business. ) Regarding a proposal from the Shakopee Mdewakanton Sioux Community to upgrade McKenna Road, Mayor Laurent stated a couple concerns: 1) whether the Mdewakanton Sioux Community (M. S.C. ) would pay a percentage of the construction costs and not the total project costs; 2) this is a State Aid road and 100% of the costs would be recovered by the State Aid formula and whether this would happen if the M. S.C. would pay a portion of the costs. Further discussion was held on the State Aid formula. Mayor Laurent stated the potential four sources of funding: Assessments, Agreement with the M. S.C. , Capital Improvement, State Aid. Vierling/Sweeney moved to table 13c) McKenna Road Upgrade until Staff has an opportunity to obtain further information. Further discussion was held. Mr. Bill Rudnicki, from the Mdewakanton Sioux Community, states that he would like a feasibility report prepared to determine the costs for the whole project before the Community considers who much to contribute toward construction. Motion carried unanimously. Official Proceedings of the February 2 , 1993 Shakopee City Council Page -3- Beard/Vierling moved to approve the applications and grant temporary liquor licenses to the Church of Saint Mark, 333 West 4th Avenue, for February 19 , 1993 and for July 24 & 25, 1993 . (Motion carried under consent business. ) Beard/Vierling moved to approve bills in the amount of $329 , 347 . 98 . (Motion carried under consent business. ) Beard/Vierling moved to adopt the parking plan as proposed by staff for the new city hall facility as outlined in the Ass't. City Administrator's memo of January 27, 1993 (CC DOC #201) . (Motion carried under consent business. ) Sweeney/Vierling moved to table 13g) City Hall Refuse Container Screening. Motion carried unanimously. Mr. Stock stated that the feasibility report for the downtown undergrounding of overhead lines was complete. Mr. Stock suggested holding a meeting with the Shakopee Public Utility Commission to discuss the cost factors and to determine what portion the Commission will pay for and what portion the City will pay for. The downtown property owners are in support of the idea but are hesitant to make a decision until they know what the costs are. Lynch/Sweeney moved to request staff to schedule a joint meeting with SPUC to discuss undergrounding the downtown overhead utility lines. Motion carried unanimously. Mr. Stock explained the options that the Council had for the city hall buildings located at 129 E. 1st Avenue: sell the buildings either separately or together, or lease the buildings. Discussion continued about possible uses for the buildings, one suggestion was to let a public agency or non-profit agency use the space. Vierling/Lynch moved to direct staff to continue to pursue and analyze leasing possibilities for the City Hall facility at 129 East 1st Avenue. Motion carried unanimously. Beard/Vierling moved to authorize the appropriate City officials to enter into an agreement with Holmes and Graven, Chartered for the purpose of providing legal services in the John Starks, the Minnesota Police Recruitment System, etal. and Christopher Fields, the Minnesota Police Recruitment System, etal. (Motion carried under consent business. ) Official Proceedings of the February 2 , 1993 Shakopee City Council Page -4- Mr. Stock presented the newest Tag Lines to the Council. Council decided to have Mr. Stock find some new options, possibly asking the senior class to help out, and bring them back for consideration. Beard/Vierling offered Resolution No. 3737, Apportioning Special Assessments For Parcels 27-148006-0, 27-148007-0, and 27-148008-0, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Resolution No. 3738, A Resolution Supporting Enabling Legislation Allowing Municipalities to Establish Transportation Utilities, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Resolution No. 3740, A Resolution Accepting Work on the Upper Valley Drainage Project No. 1987-5, and moved its adoption. (Motion carried under consent business. ) Mr. Kraft informed Council that City Hall would be closed on Friday for packing and for the move to the new City Hall on Saturday and that the office will be open at 8: 00 A.M. on Monday. He also stated that the phones would be disconnected for a good part of the day. Mr. Kraft asked for Council's ideas on where to place the bell at the new City Hall. Further discussion was held. Mr. Kraft informed the Council that since the Mayor and the Vice- Mayor are going to be out of town that someone would need to be selected to act as Mayor if an emergency arose. Sweeney/Lynch moved that the Mayor may appoint a replacement for the Mayor and Vice Mayor during their absence. Motion carried unanimously. Mayor Laurent adjourned the City Council meeting to Tuesday, February 16, 1993 at 7 : 00 PM. The meeting adjourned at 10 : 08 P.M. (The next City Council meeting will take place at the new City Hall, 129 Holmes Street South. ) l�l.oLlM�, %' Ju ith S. Cox • y Clerk Debra Zabel Recording Secretary ® 8855 13th Avenue East Shakopee, MN 55379 RV PARK & CAMPGROUND (612) 445-1044 FEBRUARY 4, 1993 MR. DENNIS KRAFT, ADMINISTRATOR CITY OF SHAKOPEE 129 FIRST AVENUE EAST SHAKOPEE, MN 55379 RE: BACKSTRETCH R.V. PARK TEMPORARY WATER SERVICE DEAR MR. KRAFT: AS PART OF OUR DISCUSSION ABOUT OUR ATTEMPT TO ACQUIRE WATER FROM SAVAGE, I FELT I SHOULD PROVIDE YOU WITH DOCUMENTATION OF MnDOT'S INTENT TO ACQUIRE OUR FACILITY. AS YOU CAN SEE FROM THE ENCLOSED LETTER, OUR NEED FOR WATER WILL BE OF A TEMPORARY NATURE, 1993 ONLY, AND THE WATER LINE WILL BE DISCONTINUED WHEN WE VACATE THE PROPERTY. IF YOU HAVE ANY OTHER CONCERNS, PLEASE CONTACT ME, OTHERWISE I WILL PLAN ON ATTENDING THE COUNCIL MEETING ON FEBRUARY 16TH. BEST REGARDS, JACK D. VAN EMO T SI ENT JDVR/sng enclosure �, NEs0).. Minnesota Department of Transportation 1O I p Metropolitan District crTransportation Building St. Paul, Minnesota 55155 I-OF Tilt" Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to 5801 Duluth Street Golden Valley, MN 55422 Telephone No. December 21, 1992 ti12-591 4ti45 Mr. Timothy J. Keane !...... fi I= C-r I V p 1" ^�� Attorney at Law Larkin, Hoffman, Daly & Lindgren, Ltd. OEC 2 8 ' 1500 Norwest Financial Center _ 7900 Xerxes Avenue South ' Bloomington, MN 55431 "IJ,ici'.ii'i,i;•�:• i i'.;1 Ll/1LY R. Lft.'I_'l '! . . Re: S.P. 7005 (101=187) 901 Parcel 82 - Backstretch R.V. Park & Campground, Inc. Dear Mr. Keane: This letter is to confirm our meeting of December 17, 1992 with your clients Jack Van Remortel and Dick Van Tassel, owners of Backstretch R.V. Park and Campground, Inc. The owners express a desire to operate the RV park through the month of October, 1993 . The construction letting date of the Trunk Highway 101 project affecting the RV park is scheduled for July 23, 1993. In order that your client can operate the RV park until October 31, 1993 the special provisions of the construction contract will restrict the contractor from the RV park property until after October 31, 1993 . The condemnation action to acquire the RV park has not progressed far enough for a right of entry date to be set. It will probably be in the spring or early summer of 1993 . The owners of the RV park will have to lease the property from the vacation date until October 31, 1993, in accordance with standard Department of Transportation policy. The owners agreed to vacate the RV park by October 31, 1993 . Sincerely, g.s.,or R. 1;4T54,..,k_ Earl R. Howe Right of Way Engineer Metro Division - Golden Valle f�- \ t MINNES(7TA 1990 An Equal Opportunity Employer MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Backstretch R.V. Park Temporary Water Service DATE: February 12 , 1993 INTRODUCTION: Mr. Jack D. Van Remortel has requested that the Backstretch R.V. Park and Campgound, which is located at 8855 - 13th Avenue East in Shakopee, be allowed to temporarily connect to the City of Savage water system. BACKGROUND: The Backstretch R.V. Park and Campground which is located in Eastern Shakopee, is scheduled to be acquired by the Minnesota Department of Transportation as a part of the Trunk Highway 101 Improvement Project. The Minnesota Department of Transportation has indicated to the R.V. Park's Attorney, Tim Keane, that the R.V. Park will be allowed to continue in operation until October 31, 1993 . The request of the R.V. Park is that they be allowed to construct a shallow water line that which will extend from the Western corporate boundary of the City of Savage to the R.V. Park. The reason for this connection is to provide a better quality water supply to the R.V. Park. Currently this facility is served by a well which produces a poor quality poor tasting water. The subject property is not able to be readily served by the Shakopee Public Utilities Commission's water system. The line will be constructed at a shallow depth and it will not be operated during a period of cold weather where a frozen line will be a problem. Mr. Van Remortel has indicated that at such time as the R.V. Park closes the line would be removed. I contacted SPUC Manager Lou VanHout, and he indicated that SPUC does not have a policy on connections such as this, however he did express some concern relative to whether the City Council would be establishing some sort of precedent that they would later regret. I also discussed this matter with Mark McNeil, the Savage City Administrator. He indicated that he had held a preliminary discussion with Mr. Van Remortel and that the Savage City Council has not yet considered this request but they would be doing so later this month. There is no existing City policy which would either allow or prohibit such a connection. Mr. Van Remortel would like to have the City Council approve of a connection for the R.V. Park with the City of Savage water system. ALTERNATIVES: 1. Allow the Backstretch R.V. Park and Campground to connect to the City of Savage water system, provided that necessary approval is obtained from the City of Savage. 2 . Do not allow such a connection and communicate this position to the Savage City Council through it's City Administrator. 3 . Take no position on the request. RECOMMENDATION: In that the property can not be readily served by the SPUC water system and in that a time certain for the termination of this use and subsequent purchase of the property by the Minnesota Department of Transportation appears to be quite likely, it is my opinion that the permission to make this connection by the Shakopee City Council would not be detrimental to the well being of the City of Shakopee and would be of benefit to the Backstretch R.V. Park and Campground. ACTION REOUESTED: Move to allow the Backstretch R.V. Park and Campground to connect to the City of Savage water system provided that approval is granted by the City of Savage and further that the R.V. Park will discontinue operation no later then November 15, 1993 and further that the water line be removed no later then December 15, 1993 . Further move to inform Mr. Van Remortel that he will be responsible for acquiring the necessary permits for this project and, if necessary, acquiring any easements for this project. PLEASE BRING FEASIBILITY REPORT FROM JANUARY 19, 1993 MEETING MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director W SUBJECT: Webster Street, 3rd Avenue to 6th Avenue DATE: February 10, 1993 INTRODUCTION: Attached is Resolution No. 3745, ordering an improvement and the preparation of plans and specifications for Webster Street, 3rd Avenue to 6th Avenue . BACKGROUND: On October 20, 1992 the City Council of Shakopee ordered the preparation of a feasibility report for improvements to Webster Street, between 3rd Avenue and 6th Avenue . The feasibility report has been completed and was submitted to the City Council on January 19, 1993 . Subsequently, a public hearing was scheduled for February 16, 1993 to consider the proposed improvements . Staff will give a presentation on the feasibility report at the public hearing. PLEASE BRING YOUR FEASIBILITY REPORT FROM THE JANUARY 19TH AGENDA PACKET. There were two revisions to the original feasibility report . The first was a revision to the sanitary sewer drawing to show the existing sewer in Webster Street between 6th and 5th Avenues . A second revision was made to the proposed assessment roll to reflect assessment credits for the existing curb and gutter on the east side of Webster Street . Attached please find the two pages of the feasibility report that were revised. At the conclusion of the public hearing, if the City Council determines that this project should be constructed, attached is Resolution No. 3745, which orders plans and specifications prepared for the project . ALTERNATIVES: 1 . Adopt Resolution No. 3745, which orders plans and specifications prepared for this project . 2 . Deny Resolution No. 3745 . 3 . Table Resolution No. 3745 . RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3745 ordering plans and specifications prepared for this project . This street is one of the last remaining gravel streets in urban Shakopee and upgrading it would be consistent with the City Council' s 5-year plan to upgrade all urban, gravel streets . ACTION REQUESTED: Offer Resolution No. 3745, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Webster Street, 6th Avenue to 3rd Avenue, Project No. 1993-4 and move its adoption. DEH/pmp MEM3745 1.* lExIs NG SANk____L____ nD y 4,.....„------- A 1 \ it z l � g ins r ). i ilig. 1 aEss:i Rfl . AVE. _ a 10 low rira w>�T eatillr 1 PARK 1 loi 1 I a A to HOLMES 61 ,i i i .i a `1H AVC. ..) ins tot . to ). • all to • . IA col oliiiii Vitt Tel t OWill T� AVE• !� gi la . i 6 -"algal' SO . . t Nei al 111 111 1 _ 9 -------- ------ 1 12 PROJECT III SOSO1 1 Qti$051 . 4 -. - LOCATOON, 5 ' ma Q ASE. s • 10 1 STATE V) Q 7 1 CORRECTIONAL U 6II ' 3 FACILITY 5 • • FOR _ 7 WOMEN A 8 12 8 0 • • 6 1 6 1 1 4 1 _ 2 3 2 • 4 3 r. 4 7l ESTIMATED ASSESSMENT ROLL FOR WEBSTER ST. LEGAL NUMBER P.I.D. OWNER DESCRIPTION OF LOTS ASSESSMENT 27-001861-0 Dept. of Corrections Lots 1 - 10 5.00 $20,500.00 300 Bigelow Bldg. Block 172 450 N. Syndicate Shakopee Plat St. Paul, Mn. 55101 27-001481-0 Morris & Mathilda Greening Lots 1 and 2 2.00 $6,600.00 935 W. 6th Ave. Block 65 Inc. Credit for Shakopee, Mn. 55379 Shakopee Plat Curb & Gutter 27-001482-0 Robert J. Steinhoff Lot 3 Block 65 0.50 $1,650.00 921 W. 6th Ave. Shakopee Plat Inc. Credit for Shakopee, Mn. 55379 Curb & Gutter 27-001487-0 Hubert A. Weckman &Wife Lot 10 &W. 1/2 of 9 1.50 $4,950.00 938 W. 5th Ave. Block 65 Inc. Credit for Shakopee, Mn. 55379 Shakopee Plat Curb &Gutter 27-001488-0 Harold M. & Mary C. Klehr Lot 8 & E. 1/2 of 9 1.00 $3,300.00 924 W. 5th Ave. Block 65 Inc. Credit for Shakopee, Mn. 55379 Shakopee Plat Curb & Gutter Total = 10.00 $37,000.00 Cost Per Lot = $4,100.00 Credit for existing Curb and Gutter = $800.00 Per Lot 94. City Council City of Shakopee 129 East First Avenue Shakopee, MN 55379 February 8, 1993 To whom it may concern: We are writing this letter as a response to the notice of hearing that we received. We are adamantly opposed to the "making of improvement to Webster Street from 6th Avenue to 3rd Avenue by pavement, curb and gutter and storm sewer." We have never requested that Webster Street "be improved." In our eyes, the street is not in need of improvement. We seldom use the street. It has not been a problem for us. It is our assumption that we will be expected to pay approximately $6,000 for a product we have no need or use for. Why should several of us, on limited incomes, bare the cost for a street that may be used by anyone? We are requesting that you, the council, listen to us, the citizens of Shakopee. We feel that an assessment to us and our neighbors is unjust. If the City feels it necessary to "improve" Webster Street, than please assess everyone in the city. We will be in attendance at the hearing. Sincerely, / 'Hubert and Evelyn Weckman 938 West 5th Avenue • 's.' 81 °� cy �OLJ RESOLUTION NO. 3745 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For Webster Street, 6th Avenue to 3rd Avenue Project No. 1993-4 WHEREAS, Resolution No. 3731, adopted on January 19, 1993., fixed a date for Council hearing on the proposed improvement of Webster Street, from 6th Avenue to 3rd Avenue by pavement, curb and gutter and storm sewer; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 16th day of February 1993 , at which all persons desiring to be heard were given an opportunity to be heard. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Construction of pavement, curb and gutter and storm sewers on Webster Street, between 6th Avenue and 3rd Avenue 2 . David E. Hutton, Public Works Director is hereby designated as the engineer for this improvement, and shall prepare plans and specifications for the making of such improvement . 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 CLJD PLEASE BRING FEASIBILITY REPORT FROM JANUARY 19, 1993 MEETING MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Minnesota Street/Dakota Street/Alley North of 7th Avenue, Project No. 1993-5 DATE: February 10, 1993 INTRODUCTION: Attached is Resolution No. 3746, ordering an improvement and the preparation of plans and specifications for Minnesota Street and Dakota Street, between 7th Avenue and the alley north of 7th Avenue, including the alley from Market Street to east of Dakota Street north of 7th Avenue. BACKGROUND: On October 20, 1992 the City Council of Shakopee ordered the preparation of a feasibility report for improvements to Minnesota Street, Dakota Street and the alley, as described above . The feasibility report has been completed and was submitted to the City Council on January 19, 1993 . Subsequently a public hearing was scheduled for February 16, 1993 to consider the improvements . Staff will give a presentation on the feasibility report at the public hearing. PLEASE BRING YOUR COPY OF THE FEASIBILITY REPORT FROM THE JANUARY 19TH AGENDA PACKET. At the conclusion of the public hearing, if the City Council determines that this project should be constructed, attached is Resolution No. 3746, which orders plans and specifications prepared for this project . ALTERNATIVES: 1 . Adopt Resolution No. 3746, which orders plans and specifications prepared for this project . 2 . Deny Resolution No. 3746 . 3 . Table Resolution No. 3746 . RECOMMENDATION: Staff recommends Alternative No. 1 . These streets and alleys are extremely high maintenance areas, with poor drainage and high erosion. By paving this street and alley, it would eliminate another urban, gravel street . ACTION REQUESTED: Offer Resolution No. 3746, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for the Alley Located Between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 and 317 of Wermerskirchen' s Addition) and Minnesota Street/Dakota Street from 7th Avenue North to the Alley, Project No. 1993-5 and move its adoption. DEH/pmp MEM3746 RESOLUTION NO. 3746 A Resolution Ordering An Improvement And The Preparation of Plans And Specifications For The Alley Located Between Market Street And Outlot A Of Eastview Addition (Blocks 309, 314 And 317 Of Wermerskirchen' s Addition) And Minnesota Street/Dakota Street From 7th Avenue North To The Alley Project No. 1993-5 WHEREAS, Resolution No. 3732, adopted on January 19, 1993 , fixed a date for Council hearing on the proposed improvement of the alley located between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 and 317 of Wermerskirchen' s Addition) and Minnesota Street/Dakota Street from 7th Avenue north to the alley by pavement, curb and gutter and storm sewer; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 16th day of February 1993 , at which all persons desiring to be heard were given an opportunity to be heard. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Construction of pavement, curb and gutter and storm sewers on the alley located between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 and 317 of Wermerskirchen' s Addition) and Minnesota Street/Dakota Street from 7th Avenue north to the alley. 2 . David E. Hutton, Public Works Director is hereby designated as the engineer for this improvement, and shall prepare plans and specifications for the making of such improvement . 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 IDS MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Concurrent Preliminary and Final Plat for Century Plaza Square 4th Addition DATE: February 10, 1993 INTRODUCTION: Mr. Cletus Link has submitted applications for preliminary and final plat approval for Century Plaza Square 4th Addition. The proposed subdivision is located in the southwest corner of Marschall Road (CR 17) and 4th Avenue (CR 16) . The area is zoned Community Business, B-2 . (See Exhibit A. ) The proposed plat covers 4 . 53 acres, and consists of two lots. At their meeting on February 4 , 1993 , the Shakopee Planning Commission recommended approval of the preliminary and final plat for Century Plaza Square 4th Addition, subject to conditions. CONSIDERATIONS: 1. The draft 1990 Comprehensive Plan has designated this area for commercial development. This land use category includes retail and service businesses which sell primarily to individual customers, but not to other businesses (wholesale trade) . It does not include manufacturing, warehousing, trucking, or businesses which utilize extensive outdoor storage of goods or materials. 2 . Both the Preliminary Plat for Century Plaza Square and the Final Plat for Century Plaza Square 1st Addition were approved in 1979 . The Final Plat for Century Plaza Square 1st Addition is located to the west of the subject site, and is adjacent to Gorman Street. It consisted of one lot (The Citizen's State Bank site) and an outlot. In 1984 a revised preliminary plat for the eastern two-thirds of the original Century Plaza Square preliminary plat was approved by the City (See Exhibit B) . Century Plaza Square 2nd Addition was final platted in 1984 and consisted of two lots and two outlots. (See Exhibit C. ) Outlot B of Century Plaza Square 2nd Addition was platted into four lots in 1985 and recorded as Century Plaza Square 3rd Addition. This plat is located on the east side of CR 17 . The proposed Century Plaza Square 4th Addition would be a replat of Outlot A of Century Plaza Square 2nd Addition. (See Exhibit C. ) Exhibit D is a copy of the proposed Final Plat for the 4th Addition. There are two streets adjacent to the proposed 4th Addition. along the north side of the proposed plat is 4th Avenue or CR 16. The right-of-way width for CR 16 is 66 feet. Along the east side of the proposed plat is Marschall Road or CR 17 . The right-of-way width for CR 17 is 90 feet near the CR 16 intersection and 100 feet wide on the south end of the proposed plat. 3 . The City's Comprehensive Plan has designated CR 17 as a Minor Arterial. Arterial streets provide citywide and sub-regional traffic movements and are intended to have minimal direct access. Minor arterial streets have a capacity to carry 5, 000 to 12 , 000 vehicles per day. CR 16 has been designated as a Collector Street. This roadway classification provides connections between Minor Arterials, as well as access across and around neighborhoods. Collector streets have a capacity to carry 1, 000 to 5, 000 vehicles per day. 4 . The County Highway Engineer has expressed concern regarding access to the county roads adjacent to this plat. With the construction of the Shakopee Bypass and interchange ramps, CR 17 will become a major traffic route in the urban area. Staff recommends that the applicant meet with the County Highway Engineer to discuss future access points to County roads. With increasing traffic volumes projected in the future, planning access locations will become more essential to safe traffic design. It is the County's policy to not perpetuate any existing access to properties when a subdivision plat is proposed. Any access to a property including new and existing access must receive a County Entrance Permit. A condition has been recommended restricting the release of building permits until the appropriate County Entrance Permits have been received (Condition 2 . f. ) . 5. The current traffic volume on CR 17 ranges from 8300 to 8700 average annual daily traffic (AADT) . The current traffic volume on CR 16 ranges from 4750 to 5600 AADT. The Scott County Transportation Plan projects a traffic volume of 10, 600 to 16, 600 AADT on CR 17 between 1st and 10th Avenues by the year 2010 . 6 . Additional turn lanes on CR 17 and CR 16 may likely become necessary to improve traffic flows in the future. This concern was raised in the review Century Plaza Square 2nd Addition and the City made the following a condition if approval: "Auxiliary Turning Lanes: No building permit shall be issued to Lot 2 , Block 1 until a County Entrance Permit has been issued. Should the auxiliary turning lane be a requirement of the County Entrance Permit, it shall be the responsibility of the developer to construct the auxiliary turning lane prior to the issuance of a Certificate of Occupancy. " The Planning Commission has recommended a similar condition regarding the development of both Lot 1 and Lot 2 , Block 1, Century Plaza Square 4th Addition. (Condition 2 . f. ) 7 . Since C.R. 16 (4th Avenue) is designated as a collector street, the appropriate right-of-way width is 80 feet, as required in the Comprehensive Plan. The half-width of right- of-way for C.R. 16 existing adjacent to the proposed Lot 1, Block 1 is 33 feet (for a total of 66 feet of right-of-way) . An additional 7 feet of right-of-way should be dedicated with the final plat. The Planning Commission has recommended a condition which requires the additional 7 feet of dedication (Condition 3 . ) The applicant would like to discuss the 7 foot right-of-way dedication requirement with the City Council at Tuesday's meeting 8 . The final plat drawing does not provide the easterly right-of- way line for Marschall Road (C.R. 17) , nor the northern right- of-way line for 4th Avenue. The Planning Commission has recommended a condition requiring that the applicant submit a revised final plat drawing which provides this information on the plat. A revised final plat had not been submitted as of the writing of this staff report. 9 . The proposed plat contains two lots that both meet the minimum lot area of one acre. Lot 1, Block 2 is 1. 054 acres, and Lot 2 , Block 2 is 3 .47 acres in size. Ten foot wide easements have been provided on the perimeters of the lots. 10 . On January 1, 1992 , the Wetland Conservation Act of 1991 became effective. The City of Shakopee has been designated as the Local Governing Unit in charge of administrating this program. If no wetlands are affected within the plat, staff will issue a Certificate of Exemption to the owner. 11. The Building Official has commented that the applicant must provide on-site observation and compaction testing of building pads by a registered professional soils engineer when native soils are displaced or building sites are filled. 12 . A condition has been recommended which will require that all parking lots within the proposed development be paved. 13 . The developer had not submitted a Grading and Erosion Control Plan as of the writing of this staff report. The Planning Commission has recommended a condition requiring the submittal of these plans and their approval by the City Engineer prior to approval of the final plat by the City Council. 14 . There is currently a 5 foot wide sidewalk along the west side of Marschall Road (C.R. 17) , so the developer will not be responsible for the installation of a sidewalk in this portion of the plat. However, the City's Sidewalk and Trail Plan has designated that a sidewalk be constructed along the north side of Lot 1, Block 1. A condition has been recommended requiring that the developer be responsible for its construction. (Condition 2 .c. ) 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 value from the Scott County Assessor's Office in the calculation, the park dedication requirement would be: Lot 1, Block 1 $ 2 , 199 . 55 Lot 2 , Block 1 $ 7 , 200 . 45 Total Park Dedication: $ 9 , 400. 00 The total Park Dedication Requirement is required to be paid at the time of City Council approval of the Final Plat. However, if a developer wishes a deferment of these fees, a letter requesting this must be submitted to the City prior to approval of the Final Plat by the City Council. The developer submitted a letter on February 10, 1993 , requesting that the park dedication requirement be deferred until the building permits are issued for each lot. If the City Council approves this request for the deferral, the Council will 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. 16 . No Special Assessments currently exist against the property. 17 . Conditions 5 and 6 from the Planning Commission recommendation require action by the applicant prior to City Council approval. These items had not been completed at the time the staff report was prepared. Staff will inform the City Council at Tuesday's meeting of the status of these conditions. If these conditions are not met at that time staff will recommend tabling action. The attached resolution has been drafted to exclude these conditions. PLANNING COMMISSION RECOMMENDATION: The Planning Commission is recommending approval of the Preliminary and Final Plat for Century Plaza Square 4th 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. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. b. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. c. Storm sewer and sanitary sewer systems shall be installed in accordance with the requirements of the City Engineer. d. Cash payment in lieu of park dedication shall be required. The Park Dedication Requirement will be deferred to the time of the building permit for each lot. e. The developer shall be responsible for constructing a 5 foot side sidewalk along the north side of Lot 1, Block 1, as per the City's Sidewalk and Trail Plan. f. No building permits shall be issued for Lot 1 and Lot 2 , of Block 1 until a County Entrance Permit has been issued by the Scott County Highway Department. Should the auxiliary turning lane be a requirement of the County Entrance Permit, it shall be the responsibility of the developer to construct the auxiliary turning lane prior to the issuance of building permits. 3 . The applicant shall submit a revised final plat drawing which provides the dedication of 7 feet of additional right-of-way along 4th Avenue (C.R. 16) , the eastern right-of-way line for Marschall Road (C.R. 17) , and the northern right-of-way line for 4th Avenue. 4 . The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 5. Prior to approval of the final plat by the City Council, final construction plans for all public improvements must be submitted and approved by the City Engineer. 6 . Prior to approval of the final plat by the City Council, a Grading and Erosion Control Plan shall be submitted and approved by the City Engineer. 7 . The developer shall be responsible for grading of the plat as shown in the approved Grading and Erosion Control Plan. 8 . Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. ACTION REQUESTED: Offer Resolution No. 3741, A Resolution Approving the Preliminary and Final Plat for Century Plaza Square 4th Addition, and move its approval. RESOLUTION NO. 3741 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL PLAT OF CENTURY PLAZA SQUARE 4TH ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of the Preliminary and Final Plat of Century Plaza Square 4th Addition on February 4 , 1993 , and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Plat of Century Plaza Square 4th Addition, described as: Outlot A, Century Plaza Square 2nd Addition is hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: a. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. b. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. c. Storm sewer and sanitary sewer systems shall be installed in accordance with the requirements of the City Engineer. d. Cash payment in lieu of park dedication shall be required. The Park Dedication Requirement will be deferred to the time of the building permit for each lot. e. The developer shall be responsible for constructing a 5 foot side sidewalk along the north side of Lot 1, Block 1, as per the City's Sidewalk and Trail Plan. f. No building permits shall be issued for Lot 1 and Lot 2 , of Block 1 until a County Entrance Permit has been issued by the Scott County Highway Department. Should the auxiliary turning lane be a requirement of the County Entrance Permit, it shall be the responsibility of the developer to construct the auxiliary turning lane prior to the issuance of building permits. 3 . The applicant shall submit a revised final plat drawing which provides the dedication of 7 feet of additional right- of-way along 4th Avenue (CR 16) , the eastern right-of-way line for Marschall Road (CR 17) , and the northern right-of- way line for 4th Avenue. 4 . The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 5 . The developer shall be responsible for grading of the plat as shown in the approved Grading and Erosion Control Plan. 6 . Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 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 , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney EXHIBIT A -• ,,,. ....., :::,..,.„---- •-_,._-, ,, , _4_4,, ,.., ! ,: . ___,______-, -e_?„-. ..737.7.77-7.77,77---- - ---- - • ; --, •--- ,0:.....--,f------------ -4 ',...., \ 1 \\• r..-1-3 \. __----,•.; -------- ,, • ‘.. __I- _-- et. - --—-----—--- e IS 0:A• ' . -...- -,:-.., ", • . ::----f3,-1 '1 _-- ..-:--- .-r- ,, '• ' ___---_____---- L_4 1 i •. . . .- • • ,..,‘ ,‘.,...1, ,..j .,: i I ' \ : I ,..:, .. • - • k ‘+It.,..'.± _a_r, - ..i..; .......\ t 1., .-•,. k .- 1., ,. • . a . , \1/4....... „2. i.....il, . 3 ‘ % t 3 :i i:: :..- i I , • - I. •02'1',S k:it-',V0116 \ t i . 1 • Muli • . .. A% 1. - \ - -. st..1 .• agt tat . 1 • I LI 1 s :174 -_-_- tast '.\:----i...itm \ ; , -- - ----......„--.....- ................... ,1‘ \0 , ,---, i- u-3-1--- iiis • SUBJECT SITE ' ' iti! I i 1 , 1 • • VA 261 ' ! , • .N •.. - ,, , , MN ... V ... -RA, .,•,•,• PAI. \C: i '''.1 - 2 . 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''.i6� /O Q) Preliminary and Final Plat for Century Plaza Square 4th Addition Note the following regarding these conditions: 5. Prior to approval of the final plat by the City Council, final construction plans for all public improvements must be submitted and approved by the City Engineer. This condition is not required as no streets will be constructed within this plat. 6. Prior to approval of the final plat by the City Council, a Grading and Erosion Control Plan shall be submitted and approved by the City Engineer. A Grading and Erosion Control Plan has been discussed with the City Engineer. However, the revised plan reflecting th . required changes has not been submitted for further review. �b.0 MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg Ekola, City Planner RE: Concurrent Preliminary Plat for the Milwaukee Manor Planned Unit Development and the Final Plat for Milwaukee Manor 1st Addition DATE: February 10, 1993 INTRODUCTION: Mr. LeRoy Menke has submitted an application for approval of the Preliminary Plat for the Milwaukee Manor subdivision and the Final Plat for Milwaukee Manor 1st Addition. The Milwaukee Manor Planned Unit Development (PUD) covers 9 . 91 acres, and is located east of Market Street and north of 7th Avenue. It is zoned Mid-Density Residential, (R-3) , except for a small area ( .769 acre) in the northwest corner which is zoned Urban Residential (R-2) . (See Exhibit A. ) The Preliminary Plat for the site is provided on Exhibit B. The applicant is proposing to final plat all of the land east of Dakota Street and the northern portion of the area west of Dakota Street within the Milwaukee Manor PUD. With the 1st Addition, there are 32 lots proposed to be final platted, including the two single family lots along Market Street zoned Urban Residential (R- 2) . Exhibit C is a copy of the Final Plat for the 1st Addition. At their February 4 , 1993 , meeting, the Planning Commission recommended the approval of the Preliminary Plat for Milwaukee Manor and the Final Plat for Milwaukee Manor 1st Addition. BACKGROUND: At the October 8 , 1992 meeting, the Planning Commission recommended approval of the Preliminary Development Plan, subject to 17 conditions. The City Council approved the Preliminary Development Plan at their meeting on November 3 , 1992 . The Planning Commission recommended approval of the Final Development Plan to the City Council at their meeting on December 3 , 1992 , and the City Council approved the Final Development Plan for this PUD on December 15, 1992 . Along with the applications for approval of the PUD, the applicant requested that the property be rezoned from Multi-family Residential (R-4) and Urban Residential (R-2) to Mid-Density Residential (R-3) , and the vacation of the portion of Minnesota Street north of the alley north of 7th Avenue and south of the abandoned railroad line. Both of these requests were approved by the City Council at their meeting on November 17, 1992 . CONSIDERATIONS: 1. The title opinion must be approved by the City Attorney prior to the recording of the plat. The applicant should contact the City Attorney for title opinion submittal requirements. 2 . The platting process requires a Developer's Agreement to be recorded. Condition 2, as recommended by the Planning Commission, lists the items to be included with the Developer's Agreement for construction of the required improvements. Condition 2 .e would require that all stormwater drainage improvements be constructed with the 1st Addition. The stormwater pipes, drainage ditches, and holding ponds need to be constructed from the southeast corner of the PUD to the northwest corner adjacent to Market Street to ensure proper stormwater flows. Condition 2 . f will require the construction of the entire section of Dakota Street within the PUD with the 1st Addition. This requirement was a condition of approval for the PUD. One of the conditions of the PUD required that the developer install a five foot wide sidewalk along the east side of Dakota Street to connect with the existing sidewalks located to the north of the proposed plat. The Planning Commission has recommended a condition requiring the installation of this sidewalk (Condition 2 . j ) . 3 . The two interior streets originally proposed for the PUD were required to be constructed as private drives. The Preliminary and Final Plats comply with this PUD requirement. The drives will be constructed at a 24 foot width. 4 . The approved Final Development Plan for the PUD met the required open space area (1. 69 acres required, 2 . 43 acres provided) . The applicant has proposed that the area for the recreation center be a platted lot (Lot 1, Block 6 - see Exhibits B and C) . This lot is a part of the required open space and must be available to all residents of the PUD. Condition 4 requires that Lot 1, Block 6 be for the recreation center and open spaces uses only. 5 . The proposed recreation center will be required to be accessible to the handicapped, as regulated by the Building Code. 6 . The costs for preparing the traffic analysis was $714 . 48 . The applicant is required to reimburse the City for this cost. The Planning Commission has recommended a condition requiring the applicant to reimburse $714 . 48 to the City prior to City Council approval of the Final Plat. As of the writing of this staff report, this reimbursement had not been paid. 7 . At the October 8, 1992 , meeting of the Planning Commission, the applicant presented a landscape plan for review. The plan provides the locations of existing trees and proposed trees, but did not clearly identify which trees will be preserved, nor the specific types of trees proposed. The plan did, however, specify that there will be "19 needle leaf" and "65 broad leaf" landscape products planted. The majority of these landscaping products will be planted along the north and east portion of the development. The applicant's proposed landscape plan did not provide any perimeter trees along the south and west sides. It provided more trees along the north and east sides of the PUD near Clifton Apartments and the Public Works yard. The City Council concurred with the Planning Commission recommendation that one major deciduous tree be planted every 50 feet on both sides of Dakota Street, along the west side of Market Street and around the perimeter of the PUD. They also concurred with the recommendation that 15 coniferous trees be planted along the east boundary of the PUD as proposed on the submitted landscape plan for the PUD. The Planning Commission is recommending a condition requiring the same landscaping that was approved with the PUD (Condition 7) . 8 . The Building Official has commented that 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 building sites are filled. Professional soils engineering involvement will be required within the building sites that have been filled (Condition 8) . 9 . The applicant has submitted the Final Plat as, "Milwaukee Manor" . Since Milwaukee Manor is a phased development, the first phase should be called the "1st Addition" to avoid confusion with later stages of the development. The Planning Commission has recommended a condition requiring the developer to submit a revised final plat using the name, "Milwaukee Manor 1st Addition" prior to approval of the final plat by the City Council (Condition 9) . As of the writing of this staff report, a revised Final Plat had not been submitted. 10 . As of the writing of this staff report, an Erosion Control Plan had not yet been approved by the City Engineer. The Planning Commission has recommended a condition requiring that the Erosion Control Plan be approved by the City Engineer prior to City Council approval of the Final Plat (Condition 10) . 11. Construction plans for the public improvements (Dakota Street, sanitary sewer lines, and watermains) have been submitted, but were not yet approved by the City Engineer as of the writing of this Staff Report. The Planning Commission has recommended a condition requiring that construction plans must be approved by the City Engineer prior to approval of the Final Plat by the City Council (Condition 11) . 12 . A condition has been recommended requiring the developer to be responsible for grading as approved by the City Engineer (Condition 12) . 13 . On January 1, 1992 , the Wetland Conservation Act of 1991 became effective. The City of Shakopee has been designated as the Local Governing Unit in charge of administrating this program. As of the writing of this staff report, the developer had not submitted a Wetlands Delineation Report. If no wetlands are affected within the plat, staff will issue a Certificate of Exemption to the owner (Condition 13) . 14 . Condition 14 requires that the developer dedicate additional easements for an existing riser pole and underground electric lines. The required easement must be shown on the Final Plat. It was suggested that the applicant contact SPUC staff for more information on this item. As of the writing of this staff report, a revised Final Plat had not been submitted. 15. Elevations and floor plans for structures containing four units (2-story and split entry) , and the proposed recreation center were submitted for review by the Planning Commission with the review of the PUD. The applicant has noted that the exterior building materials will be brick and stucco for the two story units, the split level units and the recreation center structure. As with the PUD, the Planning Commission is recommending that a condition be added which requires that the two story, split level and recreation center structures be constructed with the proposed exterior materials (Condition 15) . 16 . A condition of the PUD approval required that the Homeowners Association be responsible for all common facilities. A condition has been recommended requiring this with the plat. (Condition 16) . 17 . A condition of the PUD required that all driveways, private streets, and parking areas be surfaced with bituminous asphalt or concrete. A condition has been recommended which requires compliance with this requirement of the PUD (Condition 17) . 18 . Condition 18 restates the variances granted by the City Council as approved for the PUD. 19 . Calculation of the park dedication fees would be as follows: The price the subject land sold for within the past year: Siebenaler Property: $ 98 , 971. 46 * Jasper Property: 35, 000. 00 Effertz Property: 24, 000. 00 Total Price: $ 157 , 971. 46 Multiplied by 10% x 10% Total Park Dedication: $ 15, 797. 15 * A portion of the Siebenaler property is located in the existing Wermerskirchen Addition. A square foot cost was apportioned and subtracted from the purchase price to appropriately calculate the value. The May 5, 1992 assessments have been subtracted from the purchase price. Divided by 55 units f 55 $ 287 . 14 per unit The total Park Dedication Requirement is required to be paid at the time of City Council approval of the Final Plat. If the developer wishes to request a deferment of these fees, a letter requesting this must be submitted to the City prior to approval of the Final Plat by the City Council. If the City Council approves a deferral, the Council enters 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 designates 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. As of the writing of this staff report, a letter requesting a deferment of the park dedication fees to the time of the building permit has not been received by staff. 20. Section 11. 40, Subd. 4 .E, states the following: "Where private open space for park or recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, a credit of up to forty (40) percent of the requirements of Section 12 . 07 , Subd. 5, Subparagraph A, may be given, provided that the following conditions are met: A. That such land area is not occupied by non-recreational buildings and is available for the use of all the residents of the proposed subdivision; B. That required setbacks shall not be included in the computation of such private open space; C. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the Council; D. That the proposed private open space is of a size, shape, location, topography and usability for park and recreational purposes or contains unique natural features that are important to be preserved; E. That the proposed private open space reduces the demand for public recreational facilities to serve the development. " The applicant is requesting a 40% credit from the park dedication requirements because of the proposed open space improvements. He has noted that the proposed recreation center would involve the following costs: Recreation Building $ 55, 000. 00 Pool and Spa 26, 000. 00 Parking Fencing 6, 500. 00 $ 87, 500. 00 The applicant has also proposed a trail around the perimeter of the holding pond on Outlot D, but has not provided any further details. The Planning Commission has recommended that a 40% credit be applied to the park dedication requirement. The application of this 40% credit would result in the following park dedication requirement using the assessed value in the calculation: Total Park Dedication $ 15, 797 . 15 Multiplied by 40% x 40% Credit $ 6, 318 . 86 Reduced Park Credit $ 9 , 478 . 29 Divided by 55 units 4. 55 $ 172 . 23 per unit 21. Conditions 6, 9 , 10, 11 and 14 from the Planning Commission recommendations require action by the applicant prior to City Council approval. These items were not completed at the time this staff report was prepared. Staff will inform the City Council at Tuesday's meeting of the status of these conditions. If the conditions are not met at this time staff will recommend tabling action. The attached resolution has been drafted to exclude these conditions. ALTERNATIVES: 1. Approve the Preliminary Plat for Milwaukee Manor and the Final Plat for Milwaukee Manor 1st Addition, subject to conditions. 2 . Deny the applications for approval of the Preliminary Plat for Milwaukee Manor and the Final Plat for Milwaukee Manor 1st Addition, stating the reasons for denial. 3 . Table the decision and request additional information from the applicant. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the Preliminary Plat for the Milwaukee Manor subdivision and the Final Plat for Milwaukee Manor 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 Shakopee Public Utilities. b. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Sanitary sewer system to be installed in accordance with the requirements of the City Engineer. e. Improvements as provided in the Stormwater Management Plan for the entire PUD must be constructed as part of the 1st Addition. f. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. The entire segment of the Dakota Street right-of-way shall be dedicated and constructed with Phase 1 (60' width) so as to connect the two ends of the street. g. Street signs for both the public and private streets will be constructed and installed by the City of Shakopee at a cost to the developer of $250 . 00 each per sign pole. h. Cash payment in lieu of park dedication shall be required. The total Park Dedication Requirement will be required to be paid at the time of City Council approval of the Final Plat. A 40% park dedication credit shall be applied to the park dedication fees, as per Section 11. 40, Subd. 4 .E. i. No building permits will be issued for outlots A, B, D, F, G, H, or I. No building permits will be issued for Outlots C or E until they are replatted. j . The developer shall install a 5 foot wide sidewalk along the east side of Dakota Street. k. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The two interior streets (Milwaukee Court and Milwaukee Road on the Preliminary Plat) shall be private driveways. 4 . A minimum of 20 percent of the total useable area of the PUD, excluding the Dakota Street right-of-way, shall be provided for open space. Lot 1, Block 6 is a part of the required open space and is designated for the recreation center and open space uses only. 5. The proposed recreation center to be located on Block 6 shall be designed as to be accessible to the handicapped. 6 . Prior to approval of the final plat by the City Council, the applicant shall reimburse $714 . 48 to the City to cover the costs of the traffic analysis prepared by Strgar, Roscoe and Fausch, Inc. for this proposal. 7 . One major deciduous tree shall be planted every 50 feet on both sides of Dakota Street, along the west side of Market Street and around the perimeter of the Milwaukee Manor PUD. A total of 15 coniferous trees shall be planted approximately every 30 feet along the east boundary of the PUD. 8 . The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. Professional soils engineering involvement will be required within the building sites that have been filled. 9 . The developer shall submit a revised Final Plat using the name, "Milwaukee Manor 1st Addition" prior to the approval of the final plat by the City Council. 10. Prior to the approval of the Final Plat by the City Council, an Erosion Control Plan must be approved by the City Engineer. 11. Prior to approval of the Final Plat by the City Council, final construction plans for all public improvements must be approved by the City Engineer. 12 . The developer shall be responsible for grading as approved by the City Engineer. 13 . Approval of the Preliminary and Final Plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 14 . Prior to approval of the Final Plat by the City Council, the Final Plat must be revised to include additional easements for an existing riser pole and underground distribution lines as required by Shakopee Public Utilities. 15. The exterior building materials used for the two story, split level and recreation center structures must be stucco and brick. 16. The Homeowners Association will be responsible for all common facilities and utilities located within the PUD. The use of the open space is restricted for park and recreational purposes and cannot be eliminated without the consent of the City Council. 17 . All driveways, private streets, and parking areas must be surfaced with bituminous asphalt or concrete. 18 . With the approval of the Final Development Plan for the Milwaukee Manor Planned Unit Development, the following variances are approved by the Shakopee City Council: a. A variance to the minimum lot size requirement; b. A variance to the requirement that lots abut a public right-of-way; and c. A variance to the interior side yard setback requirements to allow construction with a zero foot setback. ACTION REQUESTED: Offer Resolution No. 3742 , A Resolution Approving the Preliminary Plat for Milwaukee Manor, and the Final Plat for Milwaukee Manor 1st Addition, and move its approval. RESOLUTION NO. 3742 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT OF MILWAUKEE MANOR AND THE FINAL PLAT FOR MILWAUKEE MANOR 1ST ADDITION WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of the Preliminary Plat of Milwaukee Manor on February 4 , 1993 , and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat of Milwaukee Manor and the Final Plat for Milwaukee Manor 1st Addition, described on Attachment 1 attached hereto and incorporated herein, are 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 Shakopee Public Utilities. b. Electrical system to be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Sanitary sewer system to be installed in accordance with the requirements of the City Engineer. e. Improvements as provided in the Stormwater Management Plan for the entire PUD must be constructed as part of the 1st Addition. f. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. The entire segment of the Dakota Street right-of-way shall be dedicated and constructed with Phase 1 (60' width) so as to connect the two ends of the street. g. Street signs for both the public and private streets will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. h. Cash payment in lieu of park dedication shall be required. The total Park Dedication Requirement will be required to be paid at the time of City Council approval of the Final Plat. A 40% park dedication credit shall be applied to the park dedication fees, as per Section 11. 40, Subd. 4 .E. i. No building permits will be issued for outlots A, B, D, F, G, H, or I. No building permits will be issued for Outlots C or E until they are replatted. j . The developer shall install a 5 foot wide sidewalk along the east side of Dakota Street. k. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The two interior streets (Milwaukee Court and Milwaukee Road on the Preliminary Plat) shall be private driveways. 4 . A minimum of 20 percent of the total useable area of the PUD, excluding the Dakota Street right-of-way, shall be provided for open space. Lot 1, Block 6 is a part of the required open space and is designated for the recreation center and open space uses only. 5 . The proposed recreation center to be located on Block 6 shall be designed as to be accessible to the handicapped. 6 . One major deciduous tree shall be planted every 50 feet on both sides of Dakota Street, along the west side of Market Street and around the perimeter of the Milwaukee Manor PUD. A total of 15 coniferous trees shall be planted approximately every 30 feet along the east boundary of the PUD. 7 . The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. Professional soils engineering involvement will be required within the building sites that have been filled. 8 . The developer shall be responsible for grading as approved by the City Engineer. 9 . Approval of the Preliminary and Final Plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. 10. The exterior building materials used for the two story, split level and recreation center structures must be stucco and brick. 11. The Homeowners Association will be responsible for all common facilities and utilities located within the PUD. The use of the open space is restricted for park and recreational purposes and cannot be eliminated without the consent of the City Council. 12 . All driveways, private streets, and parking areas must be surfaced with bituminous asphalt or concrete. 13 . With the approval of the Final Development Plan for the Milwaukee Manor Planned Unit Development, the following variances are approved by the Shakopee City Council: a. A variance to the minimum lot size requirement; b. A variance to the requirement that lots abut a public right-of-way; and c. A variance to the interior side yard setback requirements to allow construction with a zero foot setback. 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 , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney ATTACHMENT 1 That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 51 seconds East along the south line of said North Half of the Southwest Quarter a distance of 1008.50 feet to the point of beginning; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degrees 11 minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.23 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.57 feet to the southwest corner of Lot 10, Block 3, MACEYS SECOND ADDITION, according to the record plat thereof; thence South 65 degrees, 20 minutes, 50 seconds East along the Louth line of the record plats of MACEY SECOND ADDITION and MACEY ?LAT a distance of 581.44 feet to the centerline of Dakota Street according to said MACEY ?LAT; thence South 00 degrees, 42 minutes, 33 seconds West a distance of 36.11 feet; thence South 02 degrees 47 minutes 32 seconds West a distance of 182.21 feet to the south line of the North Half of the Southwest Quarter of said Section 6; thence North 89 degrees 11 minutes 51 seconds West along said south line to the point of beginning. AND Lots 6 & 7, Block 314 and Lot 6, Block 309, all in WERMERSRIRCHENS ADDITION, according to the record plat thereof. -AND- • That part of the North Half of the Southwest Quarter of Section 6, Township 115 , Range 22, Scott County, Minnesota, described as follows: Commencing ac the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 51 seconds East along the south line of said North Half of the Southwest Quarter a distance of 1003.50 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 d..''3..s 11 minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees '4 minutes 17 seconds East a distance of 231 .23 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.67 feet to the southwest corner of Lot 10, Block 3, MACEYS SECOND ADDITION, according co the record 'lac thereof; thence South 02 degrees 08 minutes 30 seconds East along the southerly extension of the west line of Block 3 of said MACEYS SECOND ADDITION a distance of 35. 72 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 582.2 feet co the southerly extension of the centerline of Dakota Street according to the record plat of MACEY ?LAT and the point of beginning; thence continue South 65 degrees 20 minutes 50 seconds East a distance of 360.85 feet; thence South 00 degrees 24 minutes 17 seconds West a distance of 36. 19 feet to the south line of the North Half of the Southwest Quarter of said Section 6; thence North 89 degrees 11 minutes 51 seconds West along said south line a distance of 336.61 feet to a line which bears South 02 degrees 47 minutes 32 seconds West from the point of beginning; thence North 02 degrees 47 minutes .32 seconds East a distance of 182.21 feet to the point of beginning. AND Loc 4, Block 317, WERMERSKIRCHENS ADDITION, according co the record plat thereof. -AND- Thac part of the North Half of the Southwest Quarter of Section 6 , Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 51 seconds East along the south line of said North Half of the Southwest Quarter a distance' of 1008.50' feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degreees 11 minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.23 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.67 feet to the southwest corner of Lot 10, Block 3, MACEYS SECOND ADDITION, according to the record plat thereof; thence South 02 degrees 08 minutes 30 seconds East along the southerly extension of the west line of Block 3 of. said MACEYS SECOND ADDITION a distance of 35.72 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 582.42 feet to the southerly extension of the centerline of Dakota Street according to the record plat of M4CEY PIAT and the point of beginning; thence continue South 63 degrees 20 minutes 50 seconds East a distance of 360.85 feet; thence South 00 degrees 24 minutes 17 seconds West a distance of 36. 19 feet to the south line of the North Half of the Southwest Quarter of said Section 6; thence North 89 degrees 11 minutes 51 seconds West along said south line a distance of 41.38 feet to the northeasterly line of Oucloc A, EAST- VIEW FIRST ADDITION, according to the record plat thereof; thence South 65 degrees 16 minutes 39 seconds East along said line a distance of 126. 16 feet to the southerly extension of the east line of Lot 2, Block 1, CLIFTON FIRST ADDITION, according co the record plat thereof; thence North 00 degrees 41 minutes 35 seconds East along said extended line a distance of 90.70 feet to the southerly line of Lot 2, Block 1, of said CLIFTON FIRST ADDITION; thence North 65 degrees 20 minutes 50 seconds West along said southerly line, and the northeasterly extension thereof, a distance of 441.84 feet to the centerline of Dakota Street, according to the record plat of MACEY PLAT; thence South 00 degrees 42 minutes 33 seconds West along the southerly extension of said centerline a distance of 36. 11 feet to the point of beginning. -AND- Lot 2, Block 1 , CLIFTON FIRST ADDITION, according to the record pial thereof. -AND- That part of Minnesota Street and that part of Dakota Street 1v4_n3 North of the North Line, and the Easterlyand Westerly extension l i s Ch2reCL , of the al1ey running through Blocks 309 . 31 and 317 as platted in WER.`".ERS :3CE. 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'...r.,C..0 ...‘..; . *.8' . • - ( 4' , 8 0, 8 0000a .•,.'.t`.7•,,,,N,.",.s-.,0":::4"_c...c'..• 'i‘1 ., • . ., '..': ' . c ., ,„.. ..,.,.. ,4.,. ...,,::„., , r ' ...•• ••11 ,•;:'1"..-. • 1.' * '''''''' I : 10#.1 73 -1D' • r • -, trj 0 11 k ,,. '8.....i ... f, •- 1`10o0ali.or .se;446.24 .. • - - ----- -- ---• or- - , • m 01.2-4 •la..,.aaaaa•MK...11.4411.0 t,lioe to 0 Z.1210“Mit•01.7.0.1 4 / i"II .0 Zo CI • ) t " 1 5 " 1,' I 0-3 I:, .j•-;.;i ri'aii / . I (") / •,.t,..1 •,..;i'r'L )b to Je3 Preliminary Plat for Milwaukee Manor and Final Plat for Milwaukee Manor 1st Addition: Consideration No. 21 in the staff report stated the following: 21. Conditions 6, 9 , 10, 11 and 14 from the Planning Commission recommendations require action by the applicant prior to City Council approval. These items were not completed at the time this staff report was prepared. Staff will inform the City Council at Tuesday's meeting of the status of these conditions. If the conditions are not met at this time staff will recommend tabling action. The attached resolution has been drafted to exclude these conditions. The following addresses these conditions: 6. Prior to approval of the final plat by the City Council, the applicant shall reimburse $714 . 48 to the City to cover the costs of the traffic analysis prepared by Strgar, Roscoe and Fausch, Inc. for this proposal. The applicant reimbursed this cost on Tuesday, February 16, 1993 . 9 . The developer shall submit a revised Final Plat using the name, "Milwaukee Manor 1st Addition" prior to the approval of the final plat by the City Council. A revised Final Plat was not submitted as of 4 : 30 PM on Tuesday, February 16, 1993 . 10. Prior to the approval of the Final Plat by the City Council, an Erosion Control Plan must be approved by the City Engineer. • An Erosion Control Plan has notbeensubmitted as of 4:30 PM on Tuesday, February 16, 11. Prior to approval of the Final Plat by the City Council, final construction plans for all public improvements must be approved by the City Engineer. Final construction plans have not been submitted as of 4: 30 PM on Tuesday, February 16, 1993 . 14 . Prior to approval of the Final Plat by the City Council, the Final Plat must be revised to include additional easements for an existing riser pole and underground distribution lines as required by Shakopee Public Utilities. A revised Final Plat was not submitted as of 4 : 30 PM on Tuesday, February 16, 1993 . l Oc MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Final Plat for Valley Park 11th Addition DATE: February 10, 1993 INTRODUCTION: Mr. Jon Albinson, of Valley Green Business Park Limited Partnership, has submitted an application for Approval of the Final Plat for Valley Park 11th Addition. The proposed subdivision is located south of Valley Industrial Boulevard South, west of Valley Park Drive, and north of 12th Avenue. The area is zoned I-2 , Heavy Industrial. (See Exhibit A. ) The proposed plat covers 72 . 624 acres, and consists of 3 industrial lots. At their February 4, 1993, meeting, the Planning Commission recommended approval of the Final Plat for Valley Park 11th Addition to the City Council, subject to seven conditions. CONSIDERATIONS: 1. The adopted draft 1990 Comprehensive Plan has designated this area for industrial development. This land use category is intended to provide a variety of industrial activities, such as assembly, warehousing, wholesale distribution and sales, manufacturing, research and development, and office activities. Commercial activities would not be allowed unless specifically mentioned in the zoning districts which implement this land use plan category. Housing is not allowed. 2 . Valley Park 11th Addition is a replat of Outlot A, Outlot B, and Outlot C, Valley Park 10th Addition. The preliminary plat for Valley Park 10th Addition was approved in September of 1990. On March 10, 1992 the City Council approved an additional one year time frame to the preliminary plat approval. A copy of the preliminary plat has been attached as Exhibit B. The preliminary plat proposed the creation of 18 lots within two blocks. A public street was illustrated connecting 12th Avenue with Valley Park Drive, and a public cul-de-sac was extended off of the proposed connecting street. The final plat for Valley Park 10th Addition was approved in November of 1990, and consisted of two lots and three outlots. (See Exhibit C. ) 3 . Access to the development is from Valley Park Drive and 12th Avenue. The Transportation Section of the draft 1990 Comprehensive Plan has designated both streets as collector streets. This roadway classification provides both traffic movement and limited access, and has a capacity to carry approximately 500 to 2, 500 vehicles per day. 4 . The dedication of the connecting street shown in the preliminary plat was not included in the final plat for Valley Park 10th Addition. The proposed street would have exceeded the maximum length of 500 feet permitted by the Subdivision Regulations. To avoid an over-length cul-de-sac, approximately 1, 000 feet of this proposed street was platted as Outlot C instead of being dedicated as a public street. Dedication of the street could occur when the property to the south was final platted and an over-length cul-de-sac could be avoided. 5 . The proposed plat contains three lots that meet the one acre minimum area requirement and the dimension requirements for the Heavy Industrial (I-2) Zoning District. The lot areas are: Lot 1, Block 1 25. 696 Acres 1, 119 , 324 . 1 sq. ft. Lot 1, Block 2 30.770 Acres 1, 340, 361. 1 sq. ft. Lot 2 , Block 2 11. 290 Acres 491, 809 . 5 sq. ft. Right-of-Way 4 . 868 Acres 212 , 071. 0 sq. ft. Total: 72 . 624 Acres 3 , 163 , 565. 7 sq. ft. 6 . On January 1, 1992 , the Wetland Conservation Act of 1991 became effective. The City of Shakopee has been designated as the Local Governing Unit in charge of administrating this program. Since this development received preliminary plat approval prior to January 1, 1992 , when the Wetlands Conservation Act of 1991 went into effect, the enforcement of this act is not applicable to this plat. (Exemption No. 24 . ) 7 . The Building Official has commented that the applicant must provide on-site observation and compaction testing of building pads by a registered professional soils engineer when native soils are displaced or building sites are filled. 8 . The City's Sidewalk and Trail Plan has not designated that trails be constructed within the proposed plat. 9 . Legal counsel has advised staff that park dedication fees for these proposed lots cannot be required because all three of the lots are over 5 acres in size. 10. Construction plans have been submitted, but had not been approved as of the writing of this staff report. Staff has recommended a condition requiring that final construction plans for all public improvements be approved by the City Engineer prior to approval of the final plat by the City Council. il. The developer has submitted an Erosion Control Plan, but it has not been approved as of the writing of this staff report. A condition has been recommended that this be approved by the City Engineer prior to approval of the Final Plat. 12 . If more than five acres of land is disturbed, the applicant must obtain an NPDES Stormwater Permit (Notice of Intent form) from the Minnesota Pollution Control Agency (MPCA) . The applicant has submitted a Notice of Intent form to the MPCA. A condition has been recommended that the NPDES Stormwater Permit be approved by the MCA prior to approval of the Final Plat by the City Council. 13 . There are special assessments against this property. The City Engineer will reapportion these assessments against the lots and the developer will waive his right to appeal the reapportionment. 14 . Conditions 5, 6 and 7 from the Planning Commission recommendation require action by the applicant prior to City Council approval. These items have not been completed at the time this staff report was prepared. Staff will inform the City Council at Tuesday's meeting of the status of these conditions. If the conditions are not met at that time staff will recommend tabling action. The attached resolution has been drafted to exclude these conditions. PLANNING COMMISSION RECOMMENDATION: The Planning Commission is recommending approval of the Final Plat for Valley Park 11th 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 Shakopee Public Utilities. b. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Storm sewer and sanitary sewer systems shall be installed in accordance with the requirements of the City Engineer. e. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. g. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The developer must provide on-site observation and compaction testing of building pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 4 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 5 . Prior to approval of the final plat by the City Council, final construction plans for all public improvements must be approved by the City Engineer. 6. Prior to approval of the final plat by the City Council, the Erosion Control Plan must be approved by the City Engineer. 7. Prior to approval of the final plat by the City Council, the NPDES Stormwater Permit must be approved by the Minnesota Pollution Control Agency. ACTION REOUESTED: Offer Resolution No. 3744, A Resolution Approving the Final Plat of Valley Park 11th Addition, and move its adoption. RESOLUTION NO. 3744 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT OF VALLEY PARK 11TH ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of the Final Plat of Valley Park 11th Addition on February 4, 1993 , 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 Valley Park 11th Addition, described as: Outlots A, B, and C, Valley Park 10th Addition is hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of Shakopee Public Utilities. b. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. c. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. d. Storm sewer and sanitary sewer systems shall be installed in accordance with the requirements of the City Engineer. e. Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. f. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250 . 00 each per sign pole. g. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. 3 . The developer must provide on-site observation and compaction testing of building pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 4 . The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 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 , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney • EXHIBIT A c .a."^^'. Y a YT'M —. .: — ' y s - .,lam a L �--1 r van T`:<>.;:;:;::::;: ;1.: i, . . 1 , El. I. .0 • =u� 1r� 6Ly• -,8047„ j�< ' 1 • £.e .1 oo..s .••C.� 1 vArL£Y Ku _ - ' .L_-__ _ t la TD i _- JECT SITS;:,:_: G. _ `-;: w,,,,in,,,,,g%„ ;'. . . , ,.... •Nill • i ,,, 1111014 1 00 '_ 111 • ! ! 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X a v. >a . li i �.w AS•U � I i m• m I w. • $r a c ae;': 0.1 y` IS q -4 I �I 1 • a _4 O go_ w IZD -� Y'Ai.L[•:Y YAR” �'� L`R!',r: (TRACT N o s7 •W is R.La. NQ. 1.'.4 'lt a67 z6'W-___--- y 0 M—§ n a n - 1: L n n i ✓ i L n ✓ ifn Z n til -i n - y d )5)\'))3.) )0c_ b\ FINAL PLAT OF VALLEY PARK 11TH ADDITION The following conditions were recommended by the Planning Commission, but were not in the resolution that went with the CC agenda packet: 5 . Prior to approval of the final plat by the City Council, final construction plans for all public improvements must be approved by the City Engineer. The applicant has had discussions with the City Engineer, but the revised construction plans have not yet been submitted. 6 . Prior to approval of the final plat by the City Council, the Erosion Control Plan must be approved by the City Engineer. The applicant has had discussions with the City Engineer, but the revised Erosion Control Plan has not yet been submitted. 7 . Prior to approval of the final plat by the City Council, the NPDES Stormwater Permit must be approved by the Minnesota Pollution Control Agency. The applicant has complied with this condition by filing the Notice of Intent. This condition has already been deleted from the Resolution in the staff report, along with the ones mentioned above. NOTE: The following condition must be added to the four conditions on Resolution No. 3744 : 5 . No building permits shall be issued for Lot 1, Block 1; Lot 1, Block 2 ; or Lot 2 , Block 2 until all permits required by the Department of the Army have been approved. CONSENT / D MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: 1992 Annual Report of the Board of Adjustment and Appeals and the Planning Commission DATE: February 8, 1993 INTRODUCTION: Enclosed is the Board of Adjustment and Appeals and Planning Commission 1992 Annual Report. BACKGROUND: Each year the City Boards and Commissions are required to submit an Annual Report outlining their activities during the previous year. At their February 4 , 1993 meeting the Planning Commission passed a motion recommending to the City Council approval of their 1992 Annual Report. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the 1992 Annual Report. ACTION REQUESTED: Move to approve the Board of Adjustment and Appeals Commission and the Shakopee Planning Commission 1992 Annual Reports. 1992 ANNUAL REPORT FOR THE BOARD OF ADJUSTMENT AND APPEALS AND THE PLANNING COMMIISSION CITY OF SHAKOPEE, MINNESOTA PLANNING DEPARTMENT REPORT Year End Report 1992 Planning Division: Responsible for providing information regarding land use regulations for the public, reviewing land development applications for compliance with City Codes and preparing reports and recommendations for the Planning Commission and City Council. Employees: Position: Name: City Planner Lindberg S. Ekola Assistant City Planner Terrie Sandbeck Clerk Typist II Aggie Unze Activities: 1988 1989 1990 1991 1992 Variances & Appeals 13 10 9 9 10 Conditional Use Permits 26 24 8 13 9 Plats 9 11 8 12 16 Rezoning 2 1 1 4 8 Code & CUP Amendments 8 7 3 7 8 PUD'S 1 3 1 0 9 Special Action 16 12 8 12 19 Totals 75 68 38 57 79 1992 ANNUAL REPORT BOARD OF ADJUSTMENT AND APPEALS City of Shakopee, Minnesota VARIANCES AND APPEALS DATE ACTION May 7th Variance Resolution No. 635: Request a variance to allow an accessory building to exceed height of principal dwelling, to exceed 10% of lot area and to allow it to be located nearer to the street than the principal building at 1199 Quincy St. Public hearing held. Approved. June 4th Variance Resolution No. 636: Request for a 4' variances from the required side yard setbacks upon the property located at 1197 Jackson St. Public hearing held. Approved. June 4th Variance Resolution No. 637 : Request for a variance from the required street side yard setback to construct a fence over 3 ' in height at 971 Swift St. Public hearing held. Denied. July 9th Variance Resolution No. 640: Request for a 17 . 3 ' variance to the side yard setback requirement to build an addition to the garage at 4751 Eagle Creek Blvd. Public hearing held. Denied. August 6th Appeal Resolution No. 643 : Request for a 22 . 5' variance to the front yard setback to build an addition onto an existing building at 730 W. 3rd Ave. Public hearing held. Approved. September 3rd Variance Resolution No. 644 : Request for a 13 . 42 ' variance to the required side yard setbacks to build an addition to the garage at 4751 Eagle Creek Blvd. Public hearing held. Approved. October 8th Variance Resolution No. 645: Request for a 3 ' variance to the required side yard setback, a 3 ' variance to the required rear yard setback and to allow an accessory structure to exceed 10% of the lot area at 211 S. Fillmore St. to build a garage. Public hearing held. Approved. 2 DATE ACTION October 8th Variance Resolution No. 646: Request a variance from the time frame requirement to utilize an approved conditional use permit within one year for mineral extraction and land rehabilitation. Public hearing held. Approved. November 5th Variance Resolution No. 648: Request for a 11. 8' variance from the required front yard setback and to the regulations regarding acceptable building materials at 800 W. 1st Ave. Public hearing held. Approved. December 3rd Variance Resolution No. 650: Request for a 6. 7' variance form the required street side yard setback and a 1. 5' variance form the required minimum setback for impervious surfaces in order to install drive-up bank facilities at 1100 E. 4th Ave. Public hearing held. Approved. Withdrawn Applications June 4th Variance Resolution No. 639 : Request for a variance to the required sign size for a temporary sign at 550 Valley Park Dr. Public hearing held. Application withdrawn. October 8th Variance Resolution No. 647 : Request for a 10' variance from the required front yard setback at 1229 W. 11th Ave. in order to enlarge an attached garage. Public hearing held. Application withdrawn. November 5th Variance Resolution No. 649 : Request for a variance from the required front yard setback in order to add to a nonconforming structure at 835 W. 1st Ave. Public hearing held. Application withdrawn. Respectfully submitted, William Mars, Chair H. R. Spurrier, Vice-Chair Nancy Christensen, 2nd Vice-Chair Terry Joos Joe Kelly Gayl Madigan Joe Zak 3 Q u a n t i t y N W .A Ln O O O O O O kD td co 0 fid co {0 lD ~ fid u, P H. F< o -- • m 0 0 hl 0 0 rt (i) P P, 0 H 4 1992 ANNUAL REPORT SHAKOPEE PLANNING COMMISSION City of Shakopee, Minnesota CONDITIONAL USE PERMITS DATE ACTION January 9th Conditional Use Permit Resolution No. 628 : To consider a conditional use permit to allow a ready mix concrete plant operation at 6896 Highway 101. Public hearing held. Approved with conditions. March 5th Conditional Use Permit Resolution 629 : To consider a conditional use permit to operate an animal hospital and veterinary clinic at the Shakopee Town Square. Public hearing held. Approved with conditions. April 9th Conditional Use Permit Resolution No. 630: To consider a conditional use permit to allow retail sales upon the property located at 4908 Valley Industrial Blvd. Public hearing held. Approved with conditions. April 9th Conditional Use Permit Resolution No. 631: To consider a conditional use permit to allow the construction of the Hwy. 169 Bridge in the Floodplain District. Public hearing held. Approved. April 9th Conditional Use Permit Resolution No. 632 : To consider a conditional use permit to allow the construction of the Bloomington Bridge in the Floodplain District. Public hearing held. Approved. May 7th Conditional Use Permit Resolution No. 633 : To consider a conditional use permit to operate a beauty shop out of home at 620 County Rd. 78 . Public hearing held. Approved with conditions. May 7th Conditional Use Permit Resolution No. 593 : To consider the continuation of outdoor storage of transportation equipment at 380 Viking Steel Rd. Public hearing held. Approved with conditions. 5 DATE ACTION June 4th Conditional Use Permit Resolution No. 638 : To consider a conditional use permit to allow retail sales and rentals of motor homes in the I-2 district at 550 Valley Park Dr. Public hearing held. Approved with conditions. July 9th Conditional Use Permit Resolution No. 641: To consider a conditional use permit to allow a bicycle repair operation as a home occupation at 571 Hennes Ave. Public hearing held. Approved with conditions. Withdrawn Application May 7th Conditional Use Permit Resolution No. 627 : To consider a conditional use permit to construct an industrial waste treatment plant at 800 W. 1st Ave. Public hearing held. Continued to July 9 meeting - never put on July agenda. Application to be withdrawn at the February 1993 meeting. 6 1992 Annual Report PLATS DATE ACTION January 9th Preliminary and final plat for Minnesota Valley 6th Addition, 3 lots and 2 outlots, located at the intersection of Vierling Dr. and Presidential Lane. Public hearing held. Recommended approval of Lot 1, Block 2 and 1 outlot only. Approval of 1 lot and 1 outlot by City Council January 21, 1992 . March 5th Preliminary plat of Dominion Hills, 24 lots and 4 outlots, located east of County Rd. 17 and south of Hillside Dr. Public hearing held. Recommended approval with conditions. Approved by City Council March 17 , 1992 . March 5th Preliminary plat of Minnesota Valley 7th Addition, 27 lots, located east of the Shakopee Town Square, between 11th and 12th Avenues. Public hearing held. Recommended approval with conditions. Approved by City Council April 21, 1992 . April 9th Preliminary and final plat of Beckrich Park Estates, 35 lots and 4 outlots, located east of County Rd. 79 and north of County Rd. 78 . Public hearing held. Recommended approval with conditions. Approved by City Council April 21, 1992 . April 9th Final plat of The Meadows 7th Addition, 47 lots and 2 outlots, located south of 11th Avenue and east of County Rd. 79 . Public hearing held. Recommended approval with conditions. Approved by City Council April 21, 1992 . April 9th Final plat of Prairie Estates 2nd Addition, 18 lots and 1 outlot, located south of 11th Avenue and west of Prairie Estates 1st Addition. Public hearing held. Recommended approval with conditions. Approved by City Council April 21, 1992 . April 9th Final plat of Minnesota Valley 7th Addition, 27 lots, located east of Shakopee Town Square, between 11th and 12th Avenues. Recommended approval with conditions. Approved by City Council April 21, 1992 . May 7th Final plat of Dominion Hills Estate, 24 lot, located east of County Rd. 17 and south of Hillside Dr. Public hearing held. Recommended approval with conditions. City Council approved May 19, 1992 . 7 DATE ACTION June 4th Preliminary plat of Market Place, 6 lot and 1 outlot, located west of Market St. and north of 5th Ave. Public hearing held. Recommended approval with conditions. City Council approved June 16, 1992 . June 4th Preliminary plat of South Parkview 2nd Addition, 49 lots, located north of 13th Ave. and west of County Rd. 15. Public hearing held. Recommended approval of preliminary plat with conditions. City Council approved June 16, 1992 . July 9th Preliminary plat of Maple Trails Estates, 12 lots and 3 outlots, located on the east side of County Road 17 , across from Timber Trails Addition. Public hearing held. Recommended approval with conditions. City Council approved July 21, 1992 . July 9th Preliminary and final plat of Dalles Townhome Addition, 48 units, located directly south of Vierling Dr. and south of Ruby and Sapphire Lanes. Public hearing held. Recommended approval of preliminary and final plat with conditions. City Council approved July 21, 1992 . July 9th Final plat of Heritage Place 4th Addition, 27 lot, located north of Vierling Dr. , east of Granite Dr. and south of Murphy Ave. Public hearing held. Recommended approval of the final plat with conditions. City Council approved July 21, 1992 . July 9th Final plat of The Meadows 8th Addition, 52 lot and 3 outlots, located south of Vierling Dr. and west of The Meadows 7th Addn. Public hearing held. Recommended approval of the final plat with conditions. City Council approved July 21, 1992 . August 6th Final plat of Market Place, 6 lots and 1 outlots, located west of Market St. and north of 5th Ave. Public hearing held. Recommended approval of the final plat with conditions. City Council approved August 18 , 1992 . September 3rd Final plat of Maple Trail Estates, 12 lots and 3 outlots, located on the east side of County Rd. 17 across from Timber Trails Addition. Public hearing held. Recommended approval of final plat with conditions. City Council approved September 15, 1992 . 8 DATE ACTION Withdrawn Applications February 6th Preliminary plat for Dalles First Addition, 36 lots and 2 outlots, located south of Vierling Dr. and east of Marschall Rd. Public hearing held. Recommended approval with conditions. City Council tabled March 17 , 1992 . Application withdrawn. July 9th Final plat of South Parkview 2nd Addition, 29 lots, located north of 13th Ave. and west of County Rd. 15. Public hearing held. Application withdrawn. 9 1992 Annual Report REZONING DATE ACTION January 9th Request to consider the rezoning of the former Velodrome from an RTD district to an I-1 district. Public hearing held. Denied. City Council denied January 21, 1992 . (Ordinance No. 329) March 5th Request to consider the rezoning of approximately one acre of property located directly north of Polk St. and 12th Ave. from a R-4 to a R-2 district. Public hearing held. Approved. City Council approved May 5, 1992 . (Ordinance No. 331) April 9th Request to consider the rezoning of approximately 1/2 acre of un-constructed Polk St. , lying on the east border of Shakopee Town Square and north of 12th Ave. from a B-1 district to a R-2 district. Public hearing held. Approved. City Council approved May 5, 1992 . (Ordinance No. 331) May 7th Request to consider the rezoning of a 45 acre parcel located south of Vierling St. , west of County Rd. 16, east of County Rd. 17 from R-2 to R- 3 . Public hearing held. Approved. City Council approved May 19 , 1992 . (Ordinance No. 335) June 4th Request to consider the rezoning of property located at 300 E. 1st Ave. from a B-1 to a B-3 district. Public hearing held. Approved. City Council approved June 16, 1992 . (Ordinance No. 336) July 9th Request to consider the rezoning of the remainder of Block 25, Original Shakopee Plat from a B-i to a B-3 zone. Public hearing held. Approved. City Council approved July 21, 1992 . (Ordinance No. 339) August 6th Request to consider the rezoning of the property south of Clifton Townhomes from a R-4 and R-2 to R- 3 district. Public hearing held. Approved. City Council approved November 17 , 1992 . (Ordinance No. 347) September 3rd Request to consider the rezoning of 16 . 9 acres at 1570 E. Hwy 101 from a I-1 to I-2 district. Public hearing held. Denied. City Council denied September 15, 1992 . 10 1992 Annual Report AMENDMENTS DATE ACTION January 9th Amendment to the Shakopee City Code, Chapter 11. , Section 11. 36, Subd. 4 .D, to allow outdoor storage in the RTD district. Public hearing held. Recommended approval to City Council. City Council approved January 21, 1992 (Ordinance No. 328) . April 9th Amendment to the Shakopee City Code, Chapter 11. , Section 11. 33 , Subd. 3 to allow limited retail sales as a conditional use in the I-2 district. Public hearing held. Recommended denial to City Council. City Council approved April 21, 1992 (Ordinance No. 334) . May 7th Amendment to the Shakopee City Code, Chapter 12 , Section 12 . 07 , Subd. 1.B. l. f, to clarify and revise the regulations on cul-de-sac streets. Public hearing held. Recommended a policy utilizing 200 Average Daily Trips for variance requests from cul- de-sac street lengths to City Council. City Council approved an interim policy effective until September 1, 1992 at the May 19 , 1992 meeting. July 9th Amendment to the Shakopee City Code, Chapter 11, Section 11. 03 and Section 11. 60, to re-enact Sections (except Subd. 12 and 13) and to recodify some of the provisions. Public hearing held. Recommended approval to City Council. City Council approved July 21, 1992 (Ordinance No. 338) . September 3rd Amendment to Conditional Use Permit No. 376 to allow two propane tanks for heating on the property located south of CR 16, west of CR 83 and north of Valley View Rd. Public hearing held. Approved. September 3rd Amendment to and renewal of Conditional Use Permit No. 576 to allow a structure in excess of 45' in the operation of a concrete and ready mix plant. Public hearing held. Approved with conditions. October 8th Amendment to Conditional Use Permit No. 624 for Mineral Extraction and Land Rehabilitation to modify the time frame by extending it one year to begin mining operations on the property located on the north side of Valley View Rd. , approximately midway between CR 17 and CR 83 . Public hearing held. Approved. 11 DATE ACTION October 8th Amendment to the Shakopee City Code Chapter 11, Section 11. 36, Subd. 2 , to expand the permitted uses in the RTD district. Public hearing held. Recommended approval to City Council. City Council approved October 20, 1992 (Ordinance No. 342) . Withdrawn Application April 9th Amendment to the Shakopee City Code, Chapter 11, Section 11. 33 to clarify retail sales in the I-2 district. Application withdrawn (Northstar) . 12 1992 Annual Report PUD DATE ACTION February 6th Recommended approval of the Preliminary Planned Unit Development for Beckrich Park Estates with conditions. Approved by City Council on February 18, 1992 . March 5th Recommended approval of the Final Planned Unit Development for Beckrich Park Estates with conditions. Approved by City Council on March 17 , 1992 (Resolution No. 3560) . May 7th Recommended approval of the Preliminary and Final Planned Unit Development of High Five Erectors, Inc. , with conditions. Approved by City Council on May 19 , 1992 (Resolution No. 3592) . May 7th Recommended approval of an Amendment to remove the hotel from the Planned Unit Development of Shakopee Valley Square, with one condition. Approved by City Council on May 19 , 1992 (Resolution No. 3590) . June 4th Recommended approval of the Preliminary and Final Planned Unit Development for Dalles Townhome Addition, with conditions. Approved by City Council on June 16, 1992 (Resolution No. 3607) . July 9th Recommended approval of an Amendment to change height restrictions in the Planned Unit Development for High Five Erectors, Inc. Approved by City Council on July 21, 1992 (Resolution No. 3622) . July 9th Recommended approval of an Amendment to allow construction of a 5th mini-storage building in the Planned Unit Development for Shakopee Towing and Storage. Approved by City Council on July 21, 1992 (Resolution No. 3623) . October 8th Recommended approval of the Preliminary Planned Unit Development of Milwaukee Manor, with conditions. Approved by City Council on November 3 , 1992 (Resolution No. 3681) . December 3rd Recommended approval of the Final Planned Unit Development of Milwaukee Manor, with conditions. Approved by City Council on December 15, 1992 (Resolution No. 3718) . 13 1992 Annual Report SPECIAL ACTIONS DATE ACTION January 9th Recommended to City Council approval of the amendment to the 1980 Shakopee Comprehensive Plan to allow construction of private wastewater treatment facilities with proven treatment processes. City Council approved January 21, 1992 . (Resolution No. 3530) March 5th Recommended to City Council approval of vacation of the portion of Polk St. between 10th & 12th Avenue and found that the vacation does not conflict with the City's Comprehensive Plan. City Council approved June 30, 1992 (Resolution No. 3557) . March 5th Recommended to the City Council approval of the 1992 Planning Commission Work Program. City Council approved March 17 , 1992 . April 9th Recommended to City Council approval of the vacation of a portion of the drainage and utility easement on Lot 1 of Block 3 , Evergreen 1st Addn. City Council approved April 21, 1992 (Resolution No. 3555) . April 9th Initiated the rezoning of property south of Vierling Dr. on the southeast side of Shakopee from a R-2 to a R-3 district. May 7th Recommended to City Council approval of the vacation of drainage easement in Lot 8, Block 1, Hillwood Estates. City Council approved June 2 , 1992 (Resolution No. 3580) . July 9th Recommended to City Council approval of the vacation of a portion of the right-of-way along 10th Ave. between Swift St. and Merrifield St. and found that the vacation does not conflict with the City's Comprehensive Plan. City Council approved July 21, 1992 (Resolution No. 3626) . Rescinded by Res. No. 3641, July 28 , 1992 . July 9th Recommended to City Council approval of the closure of the eastern 132 ft. of alley in Block 7 , East Shakopee Plat and found that the vacation does not conflict with the City's Comprehensive Plan. City Council approved July 21, 1992 (Resolution No. 3627) . 14 DATE ACTION July 9th Recommended to City Council approval of the vacation of 5' of a 15' easement along the north lot lines of Lot 1, Block 2 and Lot 1, Block 3 of Prairie Estates 2nd Addition. City Council approved July 21, 1992 (Resolution No. 3628) . August 6th Recommended to City Council approval of the vacation of the alley in Block 10, East Shakopee Plat and found that the vacation does not conflict with the City's Comprehensive Plan. City Council approved August 18, 1992 (Resolution No. 3637) . August 6th Recommended to the City Council approval of the 1993 - 1997 Capital Improvement Program. City Council approved December 1, 1992 . August 6th Recommended to City Council approval of the City- wide Sidewalk and Trail Plan maps. City Council approved Sept. 15, 1992 (CC DOC #195) . October 8th Recommended to City Council approval of the vacation of a portion of Minnesota St. north of the alley located north of 7th Ave. and found that the vacation does not conflict with the City's Comprehensive Plan. City Council approved November 17 , 1992 (Resolution No. 3711) . October 8th Recommended to City Council approval of the vacation of the drainage and utility easements between Lots 2 and 3 and between Lots 3 and 4 , Block 1, Canterbury Park 1st Addn. City Council approved October 20, 1992 (Resolution No. 3680) . October 8th Recommended to the City Council approval of the amendment to the draft 1990 Comprehensive Plan which deletes mineral extraction from the Agricultural land use areas by deleting its reference on the Rural Land Use Plan and Land Use text. City Council approved October 20, 1992 . November 5th Adopted Roberts Rules of Order for the Planning Commission Meetings. December 3rd Recommended to City Council approval of the vacation of the northerly 140 ft. of the easterly 30 ft. of the utility easement within the vacated portion of Clay St. between Block 41 and 42 , Shakopee Plat. City Council approved December 15, 1992 (Resolution No. 3717) . 15 DATE ACTION December 3rd Recommended to City Council approval of the Amendment to Ordinance No. 322 , extending the time from for the interim official map for lands south of the high school. City Council approved December 15, 1992 (Ordinance No. 351) . December 3rd Recommended to City Council approval of the vacation of the northerly 8 ft. of the remaining alley lying south of Lots 6, 7, 8 and 9 within Block 42 , Shakopee Plat and found that the vacation does not conflict with the City's Comprehensive Plan. City Council approved December 15, 1992 (Resolution No. 3716) . Respectfully Submitted, Terry Joos, Chair William Mars, Vice-Chair H. R. Spurrier, 2nd Vice-Chair Nancy Christensen Joe Kelly Gayl Madigan Joe Zak 16 Q u a n t i t y 0 0 No oo .aLn 0 N. r F-' kp CO • TTnn U1 n� W n o 0 'CI N k a) `tItP. o H Hko k 0 n ro 0 o N. N. It Ch0 0 N. 0 N a 17 Quant i t O p O CO p� CO Ut nJ 0 co lD rt (11 (11 ro n 0 0 NJ • 18 Quant z t-y- )-- Y iV W .a U'i O O O O O O F' l0 co Utrrnn nJ W }}0� 1--' mV IV 0 hd H N a 0 LQn a liD i" H. 01 0 N. 0 } l0 N 19 Quantity F ` N l.1 A Cf1 • 00 conn UIl! nJ 0 co IY 0 H 0 0 N 0 0 0 • N _ a 20 Quant i -L.az- u-1 O O O O O lD CO W ,,nn U` I70 lD ^ lV ro � d N � N� 0 21 Quantity E N W A tP O O O 0 0 0 q rn nM W 0 1IV D 0 0 0 H Hkt H. 0 l� H. 0 0 11, H. 0 N 22 COSE!RN� /0.0 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Youth Building Committee - Resolution No. 3747 DATE: January 29, 1993 INTRODUCTION: On January 25, 1993 , the Shakopee Park & Recreation Advisory Board met to discuss whether or not the Community Youth Building Facility Committee should be continued of if the duties and responsibilities should be absorbed by the Park and Recreation Advisory Board. The Shakopee Park and Recreation Advisory Board is recommending to City Council that Resolution No. (See Attachment #1) be approved. Said Resolution transfers the duties and responsibilities of the Community Youth Building Committee to the Park and Recreation Advisory Board. BACKGROUND: At the end of every calendar year, the Shakopee City Council considers appointments to the various City boards and commissions. The City has generally had a very difficult time finding persons interested in serving on the Community Youth Building Committee. The City has also not received any minutes from the Community Youth Building Committee for over one year. Staff has attempted to solicit interest from residents to serve on the Community Youth Building Committee. This is typically done through advertisements in the Shakopee Valley News and announcements in the Recreation Supervisors Leisure Ledger Column. This year, staff also sent letters to representatives from the Boy Scout and Girl Scout organizations. At the Park and Recreation Board meeting on January 25, 1993 , staff submitted three applications for appointment to the Community Youth Building Committee that had been submitted by representatives from the Girl Scout Organization. A fourth person appeared at the meeting expressing an interest to serve on the Committee if enough members could be found to fill out the entire Committee (5 members) . It was the consensus of the Park and Recreation Advisory Board that the duties and responsibilities of the Community Youth Building Committee could be better accommodated by the existing Park and Recreation Advisory Board. The Park and Recreation Advisory Board once again affirmed their desire to continue to operate the facility as it has been operated in the past with youth organizations and senior groups having first access to the facility. The Park and Recreation Advisory Board also wanted to go on record stating that they have no desire or interest to charge youth groups or senior groups a fee for using the facility. Finally, the Park and Recreation Advisory Board felt that as an advisory committee to City Council, Shakopee residents would have direct access to comment on any problems at the facility. The Park and Recreation Advisory Board meets on the fourth Monday of every month and is easily accessible for all residents. Attached is Resolution No. 3747 which rescinds Resolution No. 3123 establishing a Community Youth Building Committee. The proposed Resolution also transfers the duties and responsibilities of the former Community Youth Building Committee to the Park and Recreation Advisory Board. If Council adopts Resolution No. 3747 as proposed, staff will be sending a correspondence to those persons who expressed interest in serving on the Community Youth Building Committee. It would be appropriate at this time to act on Resolution No. 3747 . ALTERNATIVES: 1. Offer Resolution No. 3747, Rescinding Resolution No. 3123 and Transferring the Duties and Responsibilities of the Community Youth Building Committee to the Shakopee Park and Recreation Advisory Board. 2 . Amend Resolution No. 3747 as proposed and offer its adoption. 3 . Direct staff to continue to solicit applications for membership to the Community Youth Building Committee. 4 . Table action pending further information from staff. ACTION REQUESTED: Offer Resolution No. 3747, Rescinding Resolution No. 3123 and Transferring the Duties and Responsibilities of the Community Youth Building Committee to the Shakopee Park and Recreation Advisory Board. BAS/tiv TAMI\ADMIN\YOUTH RESOLUTION NO. 3747 A RESOLUTION RESCINDING RESOLUTION NO. 3123 ESTABLISHING A COMMITTEE TO OVERSEE THE SHAKOPEE COMMUNITY YOUTH BUILDING AND TRANSFERRING CERTAIN DUTIES AND RESPONSIBILITIES TO THE SHAKOPEE PARK AND RECREATION ADVISORY BOARD WHEREAS, the Shakopee City Council approved Resolution No. 3123 on October 3 , 1989 establishing a Community Youth Building Committee to oversee the operations of said facility; and WHEREAS, the City of Shakopee did not have a Park and Recreation Advisory Board in place at the time the Community Youth Building Committee was created; and WHEREAS, the City of Shakopee believes it would be in the best interest of the residents of Shakopee to have the Park and Recreation Advisory Board assigned certain duties and responsibilities related to the operation of the Community Youth Building; and WHEREAS, the Shakopee Park and Recreation Advisory Board meets on the fourth Monday of each month in the Shakopee City Council Chambers at 7 : 00 p.m. and is accessible to all Shakopee residents; and WHEREAS, the Shakopee Park and Recreation Advisory Board was originally established to provide guidance and policy recommendations to City Council in the areas of recreation programming park facilities and equipment; and WHEREAS, the City of Shakopee finds it desirous to continue to allow Shakopee community youth groups and senior citizens free access to the Community Youth Building for meeting purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows; 1. Resolution No. 3123 , A Resolution Accepting the Shakopee Community Youth Building from the Shakopee Lions and Establishing a Committee to Oversee It's Operation is hereby rescinded in its entirety. 2 . The Shakopee Park and Recreation Advisory Board shall be responsible for scheduling the use of the Community Youth Building as well as proposing recommendations to City Council regarding policies and procedures for use of said facility. 3 . The Shakopee Park and Recreation Advisory Board shall also be responsible for making recommendations to City Council regarding building maintenance issues including capital equipment needs. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form. City Attorney t TABLED FROM FEBRUARY 2, 1993 COUNCIL MEETING MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: McKenna Road DATE: February 11, 1993 INTRODUCTION: Attached please find correspondence from the Shakopee Mdewakanton Sioux Community regarding a proposal to upgrade McKenna Road. (Note : This item was tabled at the February 2, 1993 Council meeting. ) BACKGROUND: In conjunction with the construction of a Community Center, the Shakopee Mdewakanton Sioux Community (M.S.C. ) proposes to fund a portion of the costs for upgrading McKenna Road. As indicated in the attached correspondence, the M.S.C. proposes to pay for 65% of the construction costs . The M.S .C. proposal indicates that in addition to paying 35% of the construction costs, the City would also pay for all engineering associated with the project (design, inspection, etc . ) . McKenna Road is currently a gravel road from County Road (C.R. ) 16 to the south Shakopee City Limits. From the Shakopee - Prior Lake border to C.R. 42, the road is paved. The portion of the road located in Prior Lake was paved 100% by the M.S .C. several years ago, although this work was done more for dust control and the pavement structure constructed in Prior Lake does not meet any strength standards, even for 7-ton local streets . Due to the amount of traffic that would be generated by the Community Center, the section of road in Prior Lake may need to be overlayed to increase its strength, but the M.S.C. will be contacting the City of Prior Lake directly to discuss this issue . In regards to the portion of Mckenna Road located within Shakopee, this project is in the City' s 5-Year Capital Improvement Program (C. I . P. ) , currently scheduled for construction in 1996 . This road is also on the Municipal State Aid System, so any City costs could utilize State Aid funds or a combination of State Aid funds and special assessments per the Special Assessment Policy. To date, a feasibility report has not been done on the costs for upgrading this road by adding pavement . But the City is receiving $300, 000 . 00 in State Aid needs for this road, which would be a good ball park number to use for discussion purposes on the construction costs . This $300, 000 number is the cost estimate the State has assigned for upgrading this road and is used in the formula for determining the annual allocation the City receives (50% of the allocation is based on population and 50% on needs or cost estimates to upgrade the system. ) Using that figure, the M.S.C. is proposing to pay for approximately $195, 000 . 00 of the construction costs . The City would pay $105, 000 . 00 for construction costs and approximately $75, 000 . 00 (25% of total construction costs) for the engineering costs for a total cost to the City of $180, 000 . 00 . This equates to about 48% of the total project costs . At the February 2, 1993 meeting, a representative of the M.S .C. questioned the $300, 000 figure . The only way to more accurately determine the estimated costs is to do a feasibility report . In regards to the financial impact on the City due to adding another project to the 1993 C. I .P. , which was not on the original list, it would be negligent because 100% of the City' s costs would be recovered by State Aid funds and special assessments . The only potential impact of doing this project in 1993 would be to postpone other State Aid projects because of inadequate funds in the State Aid account . Staff does not consider this to be a problem because the City' s State Aid Fund balance is quite large ($800, 000 plus another $400, 000 allocation anticipated for 1993) and if the fund balance continues to grow, the State could start penalizing the City by taking a portion of the balance. The only State Aid Project currently scheduled for 1993 construction is Spencer Street, so staff does not feel adding McKenna Road would impact future projects . Staff is requesting that the City Council discuss this M.S . C. proposal and provide staff with the appropriate direction for a counter proposal or acceptance. Staff concurs that there is a benefit to the City in terms of reduced maintenance costs to the City by eliminating another gravel road. The exact costs to maintain this road cannot be determined, because all gravel road maintenance is covered under the same labor code, so it is difficult to determine the costs for any one single road. This road is the subject of many citizen complaints regarding dust, rocks, washboarding, etc . and does require additional maintenance above and beyond paved streets. ALTERNATIVES: 1 . Accept the M.S .C. proposal and direct staff to prepare the appropriate agreements . 2 . Submit a counter proposal to the M.S .C. If that is the Council' s desire, the following options may be ones the Council wishes to discuss : A. Have the M.S . C. pay 100% of all project costs, including engineering costs . B. Agree to the 65% proposal, but have that include all project costs, not just construction costs . This would increase the M.S.C. ' s portion to around $244, 000 . 00 (out of the total $375, 000 . 00 estimated costs) . C. Submit a counter proposal of some percentage between 65% and 100%, again using total project costs . A percentage of 75% may be an appropriate counter offer. 3 . Direct staff to prepare a feasibility report on this project . 4 . Reject the M.S.C. ' s proposal in its entirety. RECOMMENDATION: Staff recommends either Alternative No. 2 or Alternative No. 3 . that lit In regards to ube afore the total staff projects costs,any not just pthe discussed should construction costs . Staff also feels that having the M.S .C. pay 100% of the project may not be entirely fair due to some of the benefits received by the City. But since the timing for upgrading this road is driven by the Community Center and the traffic on this road will for the most part be generated by the Community Center, staff feels that the M.S.C. should pay for a majority of the project . Staff recommends a 75% M.S.C. /25% cost split as a counter offer. This would result in an M. S.C. cost of around $280, 000 . 00 and a City cost of around $95, 000 . 00 . If the City Council wishes a more exact cost estimate, Alternative No. 3 should be selected. Staff has prepared the attached Resolution No. 3748, which orders a feasibility report, for City Council consideration. ACTION REQUESTED: Discuss the Mdewakanton Sioux Community proposal for upgrading McKenna Road and provide staff with the appropriate direction. If the proposal is acceptable to the City Council, staff should be directed to prepare the appropriate agreements and also prepare a resolution initiating a feasibility report . If the City Council wishes to continue negotiating with the M.S .C. , staff should be provided with the appropriate negotiating parameters and counter proposal . If the City Council desires to have a feasibility report prepared, Resolution No. 3748 should be adopted. SHAKOPEE MDEWAKANTON SIOUX COMMUNITY 2330 Sioux Trail NW., Prior Lake, Minnesota 55372 Tribal Office (612) 445-8900 FAX: (612) 445-8906 OFFICERS TO/vS STANLEY R CROOKS /0, Chairperson KENNETH ANDERSON Vice Chairperson DARLENE MATTA - i,/ ( $ecretan,areastrrer January 14 , 1993 City of Shakopee Attn: Dave Hutton 129 1st Ave . East Shakopee , Minnesota 55379 RE: Mckenna Road Upgrade The Shakopee Mdewakanton Sioux Community request the City' s cooperation in paving Mckenna road from County Road 16 to the Shakopee/ Prior Lake City Limits . Pays Wnglthe he , road City of will provide benefits to our Community, Shakopee . The City will benefit through reduced road maintenance costs . Our proposal to the City will be as follows : 1 . The Shakopee Mdewakanton Sioux Community will fund 65% of the actual road improvement project , with the remaining 35% funded through City resources . 2 . The City of Shakopee will also be responsible for the roadway design, inspection of the road project and to acquire all easements and rights-of-way. 3 . The City of Shakopee will be responsible for drafting the financial agreement between both parties . Our proposal is based on a standard 7 ton two-lane typical roadway section. Questions concerning this letter may be addressed to the undersigned at 445-8900 . • Sincerely, William M. Rudnicki Tribal Administrator cc : Tribal Business Council Bluedog Law City of Prior Lake , Engineer RESOLUTION NO. 3748 A Resolution Ordering The Preparation Of A Report On An Improvement To McKenna Road, From County Road 16 To The South Corporate Limits WHEREAS, it is proposed to improve McKenna Road, from County Road 16 to the South Corporate Limits by pavement and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that the City Engineer is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney nal TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Purchase of 1993 Dump Truck DATE: February 8, 1993 Introduction The 1993 budget contains $70,000 for the purchase of a new single axle dump truck and related equipment. Background The 1993 budget contains $70,000 for a new single axle dump truck. Funds are already allocated in the Capital Equipment Fund for this purchase. This unit will replace the 1982 truck as a front line unit and Public Works intends to keep the 1980 tandem truck on standby. Based on previous Council discussion, the 1982 single axle truck will be sold this summer. The new truck is proposed to be equipped with a diesel engine (same as the last two years) . Additionally, it is proposed to equip this unit with a front plow and a wing. Other equipment will include a sander and it is planned at this time to have an underbody blade on this unit. The Hennepin County Purchasing Co-operative contract for the 33,000lb GVW single axle dump truck has been awarded to North Star International. The body subcontractor for building the box is Crysteel . This truck is similar to the truck purchased last year except for the addition of air conditioning. The cost last year was $47,435. The cost is as follows: Base bid $36,506.00 Options; Air conditioning 536.00 16,000lb front end 1,576.00 240 hp engine 1,441.00 Radio 160.00 Dump body 6,895.00 Butterfly hood 206.00 Service manual 75.00 Subtotal 47,395.00 Additionally staff recommends Delete spare rim (56.00) Additional leaf - rt. front spring 117.00 Radiator mounted grill 72.00 Deluxe interior upgrade (sound reduction) 349.00 Vehicle inspection, certification Inc. Dealer total 47,877.00 Additional items recommended for the box Mud flaps in front of rear tires 46.00 Lever action tailgate 365.00 Thicker steel - floor & sides 252.00 Recess OEM tail lights 130.00 Joystick hydraulic controls 475.00 Subtotal - subcontractor changes 1,268.00 Grand Total $49,145.00 The quotations for the equipment (front plow, wing, sander and underbody blade) on the truck will be brought to Council at a later date. Alternatives 1. Buy truck as per above. 2. Modify above options. 3. Rebid truck on our own. 4. Do not buy dump truck this year. Recommendation Alternative number 1. The cut off to place an order under the Hennepin County contract is February 26, 1993. Action Requested Move to authorize the purchase of a 33,0001b GVW single axle dump truck from North Star International in the amount of $47,877 plus additional features in the amount of $1,268 from Crysteel. CSSENT iic_ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Interfund Transfers DATE: February 11, 1993 Introduction Council approval of equipment fund transfers for 1992 and closure of the Community Recreation Fund is requested. Background Transfer from the Capital Equipment Fund to the General Fund for the purchase of the following items; Finance Cash Drawer Hewlett Packard $724.74 Printer Products 703.74 UMI-APG Inc. 292.90 Police Squad Superior Ford 26,321.00 Deputy Registrar 19.00 Code Three 990.00 Graphics Shoppe 530.00 Lightbars Streichers 494.55 634.18 359.90 150.76 223.82 MV Gas Co 2,500.00 Auto Central 114.13 C D Siren Feslers 11,361.59 Fire Hose Smeal 4,947.99 1992 Pumper Custom 66,500.00 35,000.00 57,771.00 68,399.00 Deputy Registrar 5.50 Pagers Motorola 14,804.00 Engineering Truck Thomas 9,860.00 Deputy Registrar 666.40 Landy's 307.79 Motorola 672.30 Street Dump Truck Lakeland Ford 39,405.37 7,062.00 Deputy Registrar 2,586.85 Ziebart 170.42 Motorola 672.30 Macqueen 15,087.86 1,035.23 Loader St. Joseph Equip 90,428.00 Park Sprayer MN Wanner 3,815.00 Total 464,617.32 The Recreation Fund closure is pursuant to the settlement of assets agreed to by Council and the School Board. The assets held by the City are transferred to the General Fund and the Recreation Fund closed. Action Requested Transfer from the Capital Equipment Fund to the General Fund $464,617.32 for the purchase of equipment in 1992. Transfer all remaining assets for the Recreation Fund to the General Fund in order to close the former. CT 0 fj\i MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Equipment/Building Conveyance Agreement - ISD #720 DATE: February 4, 1993 INTRODUCTION: Prior to 1991 the City of Shakopee jointly participated with ISD #720 to provide joint recreation programs in the community. On December 31, 1991, this relationship was terminated. Attached is an agreement which attempts to equitably divide the assets from the joint program. BACKGROUND: Over the course of time, the joint recreation program acquired certain assets such as furniture and equipment. When the agreement was terminated in 1991, the disposition of the assets was not formally agreed upon. On December 15, 1992 the Shakopee City Council authorized the City Administrator to offer the Park Building commonly known as the JEJ warming house located adjacent to the Junior High School to ISD #720 in exchange for its interest in the assets of the former Shakopee Community Recreation Program. ISD #720 subsequently accepted the proposed exchange of assets. An agreement was subsequently drafted which would provide for the official conveyance of said building and Community Recreation Program assets. It would be appropriate at this time to authorize the appropriate City official to enter into the agreement between ISD #720 and the City of Shakopee conveying the building commonly known as the JEJ warming house to ISD #720 in exchange for personal property and assets of the former Shakopee Community Recreation Program. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the agreement between ISD #720 and the City of Shakopee for the mutual conveyance of assets between the two bodies. 2 . Do not authorize the appropriate City officials to execute the agreement. 3 . Table action pending further information from staff. ACTION REQUESTED: Authorize the appropriate City officials to execute the agreement between ISD #720 and the City of Shakopee for the mutual conveyance of assets between the two bodies. TAMI\ADMIN\ISD#720 .AGR BAS/tiv AGREEMENT This agreement, made and entered into this // day of jai ,;<:ar'y , 1993 , by and between the City of Shakopee, 129 East First Avenue, Shakopee, MN 55379, hereinafter referred to as the City; and Independent School District No. 720, *, Shakopee, MN 55379, hereinafter referred to as ISD 720. Whereas, prior to 1992 the City and ISD 720 jointly funded and ran a recreation program; and Whereas, the City and ISD 720 desire to equitably divide assets from that program; and Whereas, ISD 720 desires to have, and the City desires to part with, a building owned by the City and located on school property. Now Therefore, it is agreed by and between the parties hereto as follows: 1. That the City hereby conveys to ISD 720 the property described as follows: The park building located on school property by the Junior High School in Shakopee, commonly known as the JEJ Warming House. 2 . The property being conveyed to ISD 720 includes not only the improvements to real property, but also all personal property located therein or thereon, including fixtures, furniture, and equipment. 3 . That ISD 720 hereby conveys to the City all its interest in any improvements, fixtures, furniture, equipment, or other real or personal property located on or in the Recreation Office building addressed as 129 Levee Drive, Shakopee, MN. ISD 720 further conveys to the City all cash held by the City and formerly acknowledged to relate to the joint recreation program. A partial listing of this personal property is attached as Exhibit A. 4 . That these mutual conveyances are of equal value, and no additional remuneration is required by either the City or ISD 720. Executed the date and year first above written. CITY OF SHAKOPEE INDEPENDENT SCHOOL DISTRICT 720 / ' T a _,. .�� Mayor) Cham` AL tritajtikiipo City Administ or / City Clerk Appro ed as o .orm: , / ity Att. ney (23MEM02] 2 Exhibit A Pop/candy supplies 6 stood chairs 6 picnic kits Typewriter SC 1 PA system - portable IBM computer Paper stock .Slide projector Art/craft supplies IBM wheelwriter typewriter 2 adjustable tables Legal file 4dr Legal file 4dr Lateral file 5dr Lateral Pile 4dr Camera Minolta 4 folding tables 1 PA system portable 14 folding chairs 1985 Ford LTD Couch/chair set 3 Chairs Copier cabinet Cash register 5 Chairs Cannon copier Desk - small Shelving Store room Storage cabinet Shelving - attic Table Desk/right return Desk - directors Chair Desk 0 S E r 1I� MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Boy Scout Storage Space - Recreation Building DATE: February 10, 1993 INTRODUCTION: The Shakopee Boy Scouts have approached City staff regarding storage space needs. The former recreation building is presently vacant and no immediate future uses are being proposed. Staff would like to propose that a lease agreement be drafted between the Shakopee Boy Scouts and the City of Shakopee for storage space in said facility. BACKGROUND: The Shakopee Boy Scouts have been utilizing the barn on the Womens Correctional Facility site for years to store camping and other related Boy Scout equipment. With the Correction Facility expansion planned for this Spring, the Boy Scouts have been advised to vacate the premises prior to April 1, 1993 . Mr. Wally Kopisca representing the Shakopee Boy Scouts has approached the City staff regarding possible storage facility options. Since the Boy Scouts are looking for long term storage space and have limited financial resources, private building storage options are limited. The former Shakopee Recreation Building does have an attic and storage area that could be utilized by the Boy Scouts to temporarily store their equipment until such time that they can find a permanent location or until such time that the City has a user for the building. The proposed space to be used for storage is essentially unusable space from a rental stand point. Staff has informed the Shakopee Boy Scouts that we can not guarantee how long said space would be available for storage purposes. Staff would propose that a month by month lease be drafted that would call for termination upon 60 day notice of either party. A lease agreement would also be drafted in such a fashion to protect the City in terms of liability. Since the Shakopee Boy Scouts is a non-profit organization and they have limited resources, staff would purpose that the lease rate be set at $1. 00 per year. If Council concurs with the proposed course of action, a formal lease agreement will be prepared and submitted back to City Council at a later date for formal approval. ALTERNATIVES: 1. Direct staff to prepare a lease agreement with the Shakopee Boy Scouts for storage space in the former Recreation Building at a rate of $1. 00 per year with a 60 day cancellation provision. 2 . Direct staff to draft a lease agreement between the Shakopee Boy Scouts and the City of Shakopee for storage space in the former Recreation Building at some other rate and some other cancellation provision notice. 3 . Do nothing. 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Direct staff to prepare a lease agreement with the Shakopee Boy Scouts for storage space in the former Recreation Building at a rate of $1. 00 per year with a 60 day cancellation provision. CONSE1T MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City Hall Refuse Container Screening DATE: February 10, 1993 INTRODUCTION: On February 2 , 1993 staff reported that City ordinance requires that all outdoor storage and trash storage which are visible from existing and planned adjacent streets, residential areas, institutional uses or places of public assembly shall be screened. Staff noted that the new city hall facility did not have an outdoor storage area in accordance with the City ordinance. City Council subsequently tabled this item at staff's request pending further research. BACKGROUND: Regarding refuse storage at city hall, staff has researched several options including constructing a storage facility within the parking lot and/or adjacent to the building. Construction materials researched included fencing materials and/or block construction. After further research and conversations with the custodial staff, staff is proposing to store all City trash indoors. This will be accomplished utilizing 90 gallon refuse carts that are on wheels. We are proposing to pursue this route on a trial basis. We may at a later date need to pursue another alternative. Since this item was tabled at the last Council meeting, it would be appropriate for City Council to remove the item from the table and direct staff to proceed with the indoor trash storage option discussed herein. ACTION REQUESTED: 1. Remove the City Hall refuse container screening memo from the table. 2 . Direct staff to proceed with the indoor storage trash option for the New City Hall facility. I I G CO'SEN There are not anticipated "budget versus actual expenditure" problems within division totals apparent at this point (2/93) for the 1993 budget. Not included in the attached bill list but included in the total amount of bills shown on the agenda are the below listed subsistence reimbursements for employees. 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CD A r 0 CI CA %0 Vo 10 ON 0 CO 00 CO N CO CO A O 0 0 N 0 0 i X 0 I I I I I I NN N A N N A C=7 Cy r r r 0 r r w ;v FSjy J J CO o J J r CO CO W 0 W r 0 r r r r r r co A A A H A A H H N N N A N N J A 10 VI CO 0 H -4 H A CA Z 0 i Pato 0 CI x ro m H H H H H H H fD 1.0 NI 'CI RI 'CIro 'CI 'V P r t� N i I i i i I CI i • 0 i 0 tl 4k qk 3k 4k lk lk 4k 1k 4k lk 1k H t4 CO 03 CO CO v J iP iP IP P. w r H 0 0 U, ,p w N w H w w N N 0 N Fr 0 '.0 O 0 0 0 0 0 iN w UI H 1,' Ut IP r n H7, H ,0Y y b o) H O yi CI co A H K 0 PJ H N N Z H '> H !A 0 H 0 Hy 7H H Y co 4 4 C H H H d 0 0 0 PJ CI CI ro K Xi H 0 Hro Xi A Cl� j 0 H co co at '� '1 0 y y tri C 'V G H co HH. 0 ''V rzlr N H ko w VI .01 vi to to H CO CO O N V. to w t/! CA Q` t0 N N C1 I—. U1 co •• 0' N H. w ‘,0 Ui w N P. P. w N ` O kO LA W N N W w H 1-+ +d 0% iP Ui I' iP O3 N H O4 In w 0 '.0 03 03 N 0% U1 U1 co • -7 U1 N it. N JP -7 00 iP t.3 co N 0, 1-' v 0 0 co 0 co co 'c O N r iP Ut 0 r A * m 1.0 r TO \!SENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Local Recycling Development Grant Funds for the Spring Recyclable Material Collection Day DATE: January 28 , 1993 INTRODUCTION: For the past six years, the City of Shakopee has sponsored a Spring Clean-up Program. In 1990, 1991, and 1992 , funds for operating the program have been received from Scott County. Limited funding is available from the County in 1993 for Recyclable Material Collection programs. BACKGROUND: In 1992 , the City of Shakopee received $5, 073 . 00 from Scott County to off-set costs associated with the waste abatement activities pursued by the City in 1992 . Attached is a correspondence from Mr. Al Frechette, Environmental Health Manager for Scott County. Mr. Frechette's correspondence indicates that in 1993 , $5 , 004 . 00 will be available for a Shakopee recyclable material collection program. Although the January regularly scheduled Energy and Transportation Committee was unable to formally meet due to a lack of a quorum, there was discussion among three of the members regarding an upcoming Spring Recyclable Material Collection Day. The next regularly scheduled Energy and Transportation meeting will not be held until March 17 , 1993 . Since the application for grant funds from Scott County must be submitted at least two months before the scheduled event, staff would like the City Council to consider authorizing the appropriate City officials to submit an application and execute an agreement with Scott County for a Spring Recyclable Material Collection Day without a formal recommendation from the Energy and Transportation Committee. Funding for this event would arrive between four and six weeks after Scott County receives our signed agreement. In order to put together a program with the amount of dollars available, staff recommends that the City go with a program similar to last year's. Recyclable materials accepted last year included tires, appliances, yard waste, brush, and car batteries. Staff is confident that the program can be conducted on a break even basis, consistent with past years. These events are usually scheduled for early May. The Energy and Transportation Committee will be selecting a specific date for this event at their March meeting. The event will be located in the same site as last year. ALTERNATIVES: 1. Move that the appropriate City officials be authorized to submit an application and execute an agreement with Scott County for a Spring Recyclable Material Collection Day in 1993 . 2 . Do not pursue a Recyclable Material Collection Day in 1993 . 3 . Select some other type of program format to utilize the available grant funds. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer a motion to authorize the appropriate City officials to submit an application and execute an agreement with Scott County for a Spring Recyclable Material Collection Day, and move its approval. WO° SCOTT COUNTY ENVIRONMENTAL HEALTH COURTHOUSE A102 428 S. Holmes St. SHAKOPEE, MN 55379-1393 (612) 496-8177 February 4 , 1993 Mr. Barry Stock Assistant City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr. Stock: Scott County has again received Local Recycling Development Grant (LRDG) funds from the Metropolitan Council. The County has earmarked $25, 000 to Cities and Townships to be used for Recyclable Material Collection Days. The amount of funding available to each city or township is based on population, using the 1991 Metropolitan Council census. The amount available to the City of Shakopee this year for Recyclable Material Collection Days is $5, 004 . To apply, please submit a letter of request for funding as an Exhibit A which is a project description (enclosed is an example of the detail we would like to see) . Please send your application to us at least two months before the date of your event if you wish funding in advance. When we receive your application and it is approved we will send a completed agreement to you for your signature. You can anticipate a check four to six weeks after we receive your signed agreement. If you decide not to apply for the funds for this project, we would also appreciate knowing this as soon as possible so the funds can be transferred elsewhere. If we have not heard form you by May 1, 1993 we will assume you are not interested and the remaining funds in this category will be used for other projects in accordance with the Metropolotan Council's agreement. You can elect to coordinate with a neighboring community for this project. If so, either all cooperating communities can prepare individual agreements that complement each other, or a community's controlling elected board can designate, by resolution, respective funds to the implementing community. We have information to help you prepare for this project such as names and numbers for recyclers and related service providers. There are also some regulatory standards associated with management of some of the recyclable materials (batteries, oil, appliances) which you should investigate. Please feel free to call this office at 496-8177 with any questions. Sincerely, ( ✓7,1z Allen J. Frechette Environmental Health Manager Enclosure AJF/lk GRNTTWP.LET An Equal Opportunity/Affirrnative Action Employer U, c)k MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Cross Section for County Road 18 DATE: February 10, 1993 INTRODUCTION: Councilor Vierling has requested that the City Council review it's position relative to whether County Road 18 should have a two lane or a four lane cross section. BACKGROUND: Last year the Scott County Board of Commissioners had formally taken a position of establishing a two land cross section road width for County Road 18 in eastern Shakopee. Later last year (December) the County Board increased the cross section width from two lanes to four lanes. Earlier this year the City Council raised the question of the accuracy of the Environmental Assessment Worksheet (EAW) in that the noise projections that were formulated for this project were based upon a two lane roadway whereas the road had been increased to a four lane width. Councilor Vierling, in her capacity as liaison to the Scott County Board has recently found out that Scott County will be holding a public meeting on this project on February 23 , 1993 at 7 : 00 P.M. In that there has been some discussion relative to the width of this road it would be proper for the City Council to decide if the roadway should be a two lane or four lane width so that Councilor Vierling can represent the City Council's position when she is functioning as liaison to the Scott County Board and so that staff can also accurately present the position of the City Council on this project if the need arises. ALTERNATIVES: 1 . Recommend to the Scott County Board that the County Road 18 road have a two lane width from County Road 16 north to County Road 42 . 2 . Recommend to the Scott County Board that County Road 18 between County Road 16 and County Road 42 have a four lane width. RECOMMENDATION: It is recommended that the City Council discuss this matter and establish a position on this question. ACTION REQUESTED: Move to recommend to the Scott County Board of Supervisors that County Road 18 between County Road 16 and County Road 42 have a _ lane cross section. SENTl Zai MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Tahpah Park Sprinkler System Project No. 1991-4 DATE: February 12, 1993 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Tahpah Park Sprinkler System, Project No. 1991-4 . BACKGROUND: All of the work for this project has been completed in accordance with the contract documents . ACTION REQUESTED: Offer Resolution No. 3749, A Resolution Accepting Work on the Tahpah Park Sprinkler System, Project No. 1991-4 and move its adoption. RR/pmp MEM3749 RESOLUTION NO. 3749 A Resolution Accepting Work On The Tahpah Park Sprinkler System Project No. 1991-4 WHEREAS, pursuant to a written contract signed with the City of Shakopee on September 19, 1991, Aqua Engineering, Inc . , 6575 City W. Parkway, Eden Prairie, MN 55344 has satisfactorily completed the construction of the Tahpah Park Irrigation System, 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; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $1, 583 .25, taking the contractor' s receipt in full . 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 JIrV I I .!MaliI T HUMAN SERVICES COURTHOUSE 300 428 S. Holmes St. SHAKOPEE, MN 55379-1375 (612) 445-7751 EILEEN G.MORAN-Human Services Director BILLING AGREEMENT The City of Shakopee, Minnesota agrees to reimburse Scott County Human Services fifty-two dollars ($52.00) per transport for each person that is transported by a driver from the Dakota County Receiving Center in Hastings to that facility at the request of a Shakopee police officer. The City shall not be charged when the driver in the transport is a Scott County Sheriff's Reservist. Reimbursement shall be made within thirty (30) days. The City's responsibility and liability for the transport and any actions occurring during the transport shall be limited payment for the transport as described above. We understand that a $52.00 transport charge is incurred each time a driver from the Dakota County Receiving Center is utilized. Either party may terminate this agreement for any reason at any time upon sixty (60) days' prior written notice. SCOTT COUNTY HUMAN SERVICES CITY OF SHAKOPEE, MINNESOTA Eileen Moran Mayor Human Services Director City Administrator City Clerk Date: Move to authorize the appropriate city officials to execute the billing agreement dated February t6, 1993 from Scott County Human Services providing for payment of $52 . 00 a trip for transportation of detoxed persons to Dakota County Receiving Center in Hastings, Minnesota. SCOTT COUNTY HUMAN SERVICES *;?:' COURTHOUSE 300 428 S. Holmes St. SHAKOPEE, MN 55379-1375 (612) 445-7751 EILEEN G. MORAN-Human Services Director MEMORANDUM DATE: February 12, 1993 TO: Police Chiefs and St. Francis Regional Medical Center FROM: Tan Behr, Social Services Manager SUBJECT: Dakota County Receiving Center - Contract Renewal Transportation Rate Increase We have renewed the contract between Scott County Hunan Services and Dakota County Receiving Center for the provision of detoxification services. The 1993 contract reflects an increase in the cost for transportation. The rate will increase fiuui $50 to $52 per ride. Enclosed please find a revised Billing A reeinent3, to: Judi signature. Please sign where noted and return by February 22, Judi Holin, Contract Coordinator Scott County Human Services Courthouse 300 428 South Holmes Street Shakopee, Minnesota 55379-1375 If you have any questions, plc se feel free contact uc: at 496-8120'. Enclosure An Equal Opportunity JAJirmatic•eAction Employer