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HomeMy WebLinkAbout06/01/1993 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: May 28, 1993 1 . Attached are the April 6, 1993 minutes of the Shakopee Coalition meeting. 2 . Attached are the April 26, 1993 minutes of the Shakopee Parks and Recreation Advisory Board Meeting. 3 . Attached is a memorandum from the Assistant City Administrator regarding the Valley Ice Arena. 4 . Attached is the June Business Update From City Hall . 5 . Attached is the June calendar of Upcoming Meetings . 6 . Attached is correspondence from Jennifer Engh, Deputy Commission Minnesota Department of Trade and Economic Development regarding the City of Shakopee' s recertification as a Minnesota Star City for 1993 . 7 . Attached are the March 17, 1993 minutes of the Energy and Transportation Committee meeting. 8 . Attached are the unapproved minutes of the Energy and Transportation Committee for May 19, 1993 . 9 . The City Clerk has taken the liberty of correcting the permanent copy May 4th City Council minutes after Council approval as shown on the copy attached. These were oversights and she apologizes for the error. If any one disagrees with procedure, please so state . 10 . Attached is the May 19, 1993 Legislative Update for Opt-Out Transit . 11 . Attached is correspondence received from Michael McCollum, Attorney at Law regarding the Ogden Corporation proposal for Canterbury Downs . 12 . Attached is the Police Newsletter for Council review. 13 . Attached are the unapproved minutes of the Community Development Commission for May 19, 1993 . 14 . Attached is a memorandum from the City Planner regarding Calculating Park Dedication Fees . 15 . Attached is a memorandum from the City Planner regarding Alternative Land use Strategies . 16 . Attached is the monthly report from Engineering. 17 . Attached is a memorandum from the City Engineer regarding the Shakopee By-pass (Southerly) . 18 . Attached is a memorandum from the City Clerk regarding petitions for review of 1992 Real Property Tax Assessment Payable in 1993 . 19 . Attached are the June 3, 1993 agendas for the Planning Commission and Board of Adjustment & Appeals . 20 . Attached is a memorandum from the Finance Director regarding interest on Green Acre special assessments . 21 . Attached is a memorandum from the City Administrator regarding Chaska Sewer Interceptor/Metropolitan Council . 22 . Attached are the May 4, 1993 minutes of the Shakopee Coalition meeting. OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION APRIL 6, 1993 The meeting was called to order at 4:35 p.m. by Chair Eileen Moran. Members present: Beth Nikolai, Delphi House; Judson Kenyon, CAP Agency; DeDee Ordemann, American Red Cross; Eileen Moran, Scott County Human Services; Claude Kolb, Shakopee Knights of Columbus & Lions; Brian Norris, Citizens State Bank of Shakopee; and Barry Stock, City of Shakopee. CAP AGENCY: Judson Kenyon reported that March was Foodshare statewide drive. Our goal was 50, 000 pounds and $25,000. Working on final figures. SACS SCHOOL: Sister Esther Wagner reported on registering students for next year. The Passion Play was a success. Father Hazel will be leaving Shakopee. CITY OF SHAKOPEE Barry Stock reported that the , Shakopee Showcase will be April 19th at Canterbury Downs. On April 20th, City Hall will have an Open House from 4 : 30 - 6: 30 p.m. The Ice Arena and Community Center issue will be discussed at the City Council meeting. Question now is where to build the ice arena. New street projects are approved. The downtown bypass is moving along. First Avenue traffic will be congested this summer. Maybe a new city logo. Bloomington Ferry is on schedule. May 1 will be Shakopee Clean-up Day. DELPHI HOUSE Beth Nickoli reported that residents will be going to Camp Friendship this summer. AMERICAN RED CROSS DeDee Ordemann - currently doing a fund raiser. Served 22 people due to fire. 3 , 000 units of blood were donated. On Saturday May 22nd, there will be a Bike Rally from 11:00 - 2 :00 p.m. at Lions Park. There will be safety demonstrations as well as rescue units on site. The next bloodmobile will be April 15th at St. Mary's. ROTARY CLUB Dave Eckart reported that the Pancake Breakfast will be at the high school on April 18th from 7 : 00 a.m. to 1: 00 p.m. MCF/SHAKOPEE Sandy Masin handed out brochure on industry projects at MCF. Official Proceedings of the April 6, 1993 Shakopee Coalition SCOTT COUNTY HUMAN SERVICES Barbara Harding - Public Health Nurse at Scott County Human Services presented information on the higher than average county cancer deaths. A coalition has been formed to try and change behaviors to prevent cancer. Education is a primary need. Eileen Moran reported on the child abuse radiothon. AMERICAN CANCER SOCIETY Bonnie Sokolov reported that the American Cancer Society has a cancer information handbook. These can be ordered through your doctor or a service organization. GENERAL COMMENTS Brian Norris will contact Donna Harms with Central Elementary School to see if she would talk on program "Skills for Adolescence. " Meeting Secretary, Brian Norris, will be gone for the June meeting. If you would take minutes at this meeting, please contact Brian. Next meeting of the Shakopee Coalition is scheduled for May 4, 1993 in the Citizens State Bank Community Room at 4:30 p.m. Respectfully Submitted Brian Norris SHAKOPEE PARKS AND RECREATION ADVISORY BOARD MEETING MINUTES APRIL 26, 1993 The meeting was called to order at 7:00 p.m. in the City Hall Council Chambers, Paulette Rislund, presiding. PRESENT: Paulette Rislund, Ann Seifert, Paul Teneyck, Steve Johnson, John Tieben and Bob Tomczik. ABSENT: Dolores Lebens Motion by Johnson/Seifert to approve the agenda. Motion carried. Motion by Johnson/Seifert to approve the March 22, 1993 Shakopee Park and Recreation Advisory Meeting Minutes including the corrected spelling of Teneyck. Motion Carried. Barry Stock gave a brief update on the bond referendum for a community center, detached ice-arena and fire hall. The referendum will be held June 22, 1993. An architect has been secured to do a conceptual design of the community center. Greystone Construction will design the ice arena. Should the referendum pass, the ice- arena would be built first. A citizens referendum committee will most likely be formed to disseminate information about the referendum. The land and site for the community center/ice-arena will be purchased from a different funding source. The bond referendum amount for the Community center, ice-arena and fire hall is $ 8 million. An additional three and a half million dollars will come from Tax Increment Financing sources. Sherry Dvorak introduced a proposal to resurrect a puppet wagon program for 1994. The old puppet wagon would have to be renovated. Motion by Johnson/Tomczik to recommend to the City Council to include the proposed Puppet Wagon Program in the 1994 Recreation Budget and to have staff explore various private funding sources to reconstruct the puppet wagon. Motion Carried. Motion by Tomczik/Johnson to recommend to the City Council to approve the expansion of operating hours for the warming houses at Lions Stans and Scenic Heights parks to Mondays, Tuesdays, Thursdays and Fridays from 4:00 p.m. to 7:30 p.m. Motion Carried. Gary Hartmann of the Shakopee Youth Baseball/Softball Association appeared before the Park and Recreation Advisory Board to request that the City absorb the cost for placing port-a-lets at the sites where youth baseball and softball programs are held. Stock stated this may be possible but unfortunately it's not in the budget for this year. However, the City could re-imburse the association for the cost of the port-a-lets in next years' (1994) budget. Hartmann was satisfied with this approach. McQuillan gave a brief update of two park projects planned for 1993. Kuechle Construction was awarded the contract for the Tahpah Park Concession Stand Improvement Project. The bid amount was$81,425. There is a sixty day construction period with work to commence on May 3rd. Also, specifications for the Memorial Park playground equipment should be ready by May 6. Stock gave an update of the scheduled repairs for the Municipal Swimming Pool. The Community Survey conducted last fall was discussed. Paulette Rislund requested that the Community Survey be utilized as a primary source of information for determining what types of facilities the community center should have if the referendum passes. McQuillan gave the Parks and Recreation Activity Report. Seifert gave the Community Education Advisory Board Meeting Report. April 26, 1993 Shakopee Park and Recreation Advisory Board Meeting Minutes Continued McQuillan noted the Shakopee Municipal Pool was one of six outdoor swimming pools selected to be toured this summer by various pool operators. The tour is slated for Friday, July 23, 1993. Material about the new Oval Speed Skating facility in Roseville, Minnesota was provided. Staff is planning future youth trips to the facility. Paulette Rislund reported on the Board and Commission Workshop she attended at the Shoreview Community Center. Topics discussed included Marketing Leisure Services, Surveys and Programming for kids,parents and senior citizens. more Board and Commission Workshops are being planned and she encouraged other board members to attend them. Sherry Dvorak reported that this is the 25th Anniversary of the Shakopee Municipal Swimming Pool. A special celebration is being planned. McQuillan briefly reviewed the 1993-97 Park 5 year Capital Improvement Program and suggested new projects to be added for the 1994-98 Park 5 year CIP. New projects to be added are: City-wide Park Comprehensive Plan, a roof, press box and concession stand for the Tahpah Park baseball stadium and additional repairs for the pool. Motion by Johnson/Tieben to adjourn at 9:15 p.m. Motion carried rl MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: Valley Ice Arena - Non Agenda Informational DATE: May 24, 1993 INTRODUCTION AND BACKGROUND: On May 18, 1993 Councilor Vierling questioned the clean-up schedule for the Valley Ice Arena property. Earlier today I spoke with Mr. Dave Kaufenberg regarding the schedule for cleaning up the Valley Ice Arena property. Mr. Kaufenberg confirmed that they are in the process of draining the glycol (refrigerant) from the refrigeration system. He noted that this is a fairly time consuming process but that they are nearing completion. Mr. Kaufenberg noted that the old bubble material must be removed by June 12th. At that time, the Amery Wisconsin Hockey Association will be bringing their members out to remove the refrigeration equipment and compressors. Mr. Kaufenberg expected the entire site to be cleaned up by the end of June. On a side note, staff is considering utilizing the Valley Ice Arena concrete building as a warming house for the skating facilities at Lions Park. In the past we have used the Municipal Pool building as a warming house. The Valley Ice Arena building does have adequate rest room facilities and is heated. It would also provide access to the skating rinks without having to cross the road. The Hockey Association has also offered to contribute their dasher boards at the existing ice arena for an outdoor rink. The dasher boards are in good condition and would provide for an additional outdoor skating rink. BUSINESS UPDATE FROM CITY HALL Vol. 7 No. 6 Dear Chamber Member: June 1, 1993 Administration information, please call the City Clerk's office at 445- A public informational meeting for the upcoming bond 3650. issue has been scheduled for Tuesday, May 25, 1993 and Monday, June 14, 1993 at 7:00 P.M. in the Community Development Shakopee City Council Chambers. The City Council also authorized funding to prepare two direct mail literature pieces outlining pertinent facts relative to the On May 18, 1993 the City of Shakopee was notified by $8 million bond issue scheduled for June 22, 1993. the Minnesota Department of Trade and Economic Voters will be asked to approve the issuance of bonds Development that it has been recertified as a Minnesota for the construction of an Ice Arena, Community Star City for 1993. Center and Fire Station. On May 4, 1993 the Shakopee Housing and Building Redevelopment Authority placed a 180 day moratorium g on the Downtown Rehab Grant Program. During the moratorium period, the Community Development In light of the substantial building activity going on in Commission will be recommending amendments to the the City of Shakopee this year and in anticipation of Rehab Grant Program to insure that successful continued activity, on May 18, 1993 the Shakopee City applicants pursue improvements that comply with an Council authorized hiring Jim Grampre to fill a overall downtown design theme. In a related matter, Building Inspector/Code Enforcement Officer position. the Shakopee ERA authorized that Mr. Steve Cross be Mr. Grampre has been working with the City on a retained for architectural services to complete a seasonal basis for the past 11 months. The new conceptual design theme for various blocks within the position will also provide staffing to respond to code downtown area. The design concepts will be utilized in enforcement complaints. developing the new Rehab Grant Program guidelines. City Clerk Park and Recreation On May 4th, City Council approved liquor licenses for The Tahpah Park concession stand remodeling project Camgil Corporation dba/Rock Spring Supper Club, is underway. Staff expects the project to be complete 1561 East 1st Avenue; and, approved a currency by mid-July. The Shakopee Jaycees have agreed to exchange license for Shakopee Check Cashing at 1147 pickup $60,000 of the project cost. The remaining Canterbury Road. balance ($32,000) is being absorbed by the Park Reserve Fund. Absentee ballots for the June 22nd, $8,000,000 referendum for an ice arena, community center and Work continues on the Shakopee Municipal Pool. This fire station are available at City Hall, 129 Holmes year's pool improvements include sealing the diving Street South, during regular business hours. Absentee well cracks and upgrading the chlorine room. The ballots will also be available on Saturday, June 19th bath house building is also receiving a new flooring between 1:00 p.m. and 3.00 p.m. and on Monday,June surface and the building exterior is being refinished. 21st between 5:00 p.m. and 7:00 p.m. For more Plans currently call for the pool to be filled during the week of May 24th. The pool is scheduled for opening Police on June 12th. Pool hours are 12 noon to 8:00 P.M. Swimming pool lessons are being offered in three Solicitor Defrauds Customers separate sessions between June 28th and August 6th. Using Police Name For more information call the Recreation Department at 445-3650. The Police Department has received reports of a person using the Shakopee Police Department name to solicit Planning magazine subscriptions. At the May 6, 1993, meeting of the Board of This person does not represent our organization and as Adjustment and Appeals,the Board approved a request yet - the suspects identity if unknown. for a variance to the required number of parking stalls in order to add a deck onto Dangerfield's Restaurant at An announcement alerting people to this scam has been 1583 1st Avenue West. published in the Shakopee Valley News. At their meeting on May 6, 1993, the Shakopee DARE School Year Winds Down, Planning Commission tabled an application for a Exciting Future Ahead Conditional Use Permit from Dangerfield's Restaurant to construct a deck within the flood plain. The The 1992/93 DARE school year has concluded with Commission tabled their decision to the May 13, 1993, graduation ceremonies for more than 200 students. Special Meeting because they required additional This year Officer Clark introduced a section on information regarding the design of the deck in order intimidation and gangs. to make their decision. The Planning Commission also approved the annual review the Conditional Use Permit Next year our program will be expanding to include for One Way Sweeping, Inc. However, the annual 8th grade students, with a future goal to include 11th review for the Conditional Use Permit for Terminal grade students. Transport, Inc., and the annual review for the Conditional Use Permit and Mineral Extraction and Public Works\Engineering Land Rehabilitation Permit for NBZ were tabled to the June 3, 1993, meeting. MnDOT has started construction on the mini by-pass The Planning Commission also recommended approval in Downtown Shakopee. First Avenue between Scott of two Preliminary Plats. The Preliminary Plat for the St. and Main St. will be restricted to one travel lane in 2nd Addition of the Stonebrooke Planned Unit each direction until the end of August. MnDOT's Development contains 21 single family lots. This schedule calls for traffic to be on the new bridge and development is located south of County Road 78, east mini by-pass by November 11, 1993. of County Road 79, and west of Timber Trails Addition. The Preliminary Plat of Parkview 1st The City Council of Shakopee recently approved of Addition was also recommended for approval. This setting up a TIF District for Rahr Malting for the proposed development is located at the northeast corner purpose of constructing a private waste water of County Road 17 and Vierling Drive, and it contains treatment plant. This will allow Rahr Malting to 30 residential lots and 3 commercial lots. eliminate any discharge into the City's sewer system. During the interim, the City will be constructing a At this same meeting, the Planning Commission also forcemain and inverted siphon to take all discharge recommended approval of the Preliminary Development from their new malthouse (#5) south to the VIP Plan for the Planned Unit Development for Westridge Interceptor south of Lion's Park. Bay Estates II to the City Council. This proposed development is located along the southeast edge of Design has been completed on the 1993 Street O'Dowd Lake and north of County Road 14. The Reconstruction Program and bids will be solicited in applicant is proposing 62 single family residential lots June. This project consists of portions of the following with this development. streets: Spencer St., 8th Ave., 4th Ave., Naumkaeg St., Fillmore St. and Atwood St. __, ,_ _ Ju n e 1 9 9 3 UPCOMING MEETINGS SUN MON TUE WED THU FRI SAT 1 2 3 4 5 7:00pm City 5:00pm 7:30pm Planning Council Committee of Commission the Whole Meeting - Budget 6 7 8 9 10 11 12 4:30pm Public 5:00pm City Utilities Council - Award G.O. TIF Bonds 13 14 15 16 17 18 19 7:00pm Public 7:00pm City 5:30pm CDC Info Meeting - Council Referendum 20 21 22 23 24 25 26 7:00pm Cable Special Election Commission - Referendum 27 28 29 30 7:00pm Park & Recreation May July SMTWTF S SMTW T F S 1 1 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 1 0 9 10 11 12 13 14 15 11 12 13 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 31 r MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT ►► �onomicp•• ♦aF PL•. i pS NO 500 Metro Square •.0 g 121 7th Place East 'ta Saint Paul,Minnesota 55101-2146 USA ,:Ga s May 15, 1993 Mr. Barry Stock Assistant City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr. Stock: Congratulations! The City of Shakopee has been recertified as a Minnesota Star City for 1993 . Your community must be very proud of its innovative Economic Development Team! Its goals are the catalyst that propels your city's productive job creation strategies and enables a bright and promising future for Shakopee. Part of maintaining a successful economic development program is ensuring that both commercial and residential sectors of a community have adequate infrastructure facilities to meet current demand as well as future growth. The City of Shakopee has done an excellent job of working with both sectors of the community in preparing for the road improvements that will effect your future industrial capacity as well as improve the downtown pedestrian traffic. Should your community need any technical assistance, DTED Regional Star Staff is available to be of service to you. Wishing you and your Star Organization continued success. Sincerely, / - /, z ale L. En Deputy Commis .ner An Equal Opportunity Employer MINUTES OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session March 17, 1993 Chairman Drees called the meeting to order at 7: 00 P.M. with Commissioners Drees, Kelly, Mars, and Schoephoerster present. Commissioners Reinke and Stafford were absent. Also present was Terrie Sandbeck, Assistant City Planner. Chairman Drees asked if there were any corrections to the minutes of the November 18, 1993 , meeting. Commissioners Kelly / Mars moved to approve the minutes. Motion carried unanimously. Chairman Drees brought a letter from Sherry Munyon, Deputy Chair of the Regional Transit Board to the attention of the Commissioners. Ms. Munyon stated in the letter that she would be happy to appear before the Shakopee Transit Commission to present and discuss the Regional Transit Board's 1993 legislative issues if the Commissioners were interested. The Commission requested that staff invite Ms. Munyon to speak at their May 19, 1993 , meeting. Chairman Drees introduced Agenda Item No. 3 , the proposed Policy for Late Submittals of Vanpool Driver Reporting Sheets. He stated that the Commission had requested staff to develop the draft policy, based upon discussion at the November 1992 meeting. He requested the Commissioners to review and discuss the proposed policy. Commissioners Mars / Kelly moved to adopt the Shakopee Area Transit Policy No. 24 . The motion carried unanimously. Chairman Drees requested that staff notify the Vanpool Drivers of the new policy by the beginning of next week. Chairman Drees introduced Agenda Item No. 4, the 1993 Goals and Objectives of the Energy and Transportation Committee. Commissioner Kelly suggested that the Committee discuss negotiating a contract with Waste Management regarding whether or not to have an open or closed system. Discussion ensued on this subject, and the Commissioners agreed that this item should be evaluated, but not listed as an objective of 1993 . Chairman Drees suggested that an incentive program for recycling be discussed at one of the 1993 meetings. Commissioner Schoephoerster suggested that education regarding recycling be discussed with this as well. Commissioner Mars stated that the benefits of recycling should also be stressed. Commissioners Schoephoerster / Mars offered a motion to approve the Energy and Transportation Committee's 1993 Work Plan with the addition of Item No. 10, to discuss and implement a recycling incentive program. Motion carried unanimously. Chairman Drees introduced Agenda Item No. 5, the Spring Recyclable Collection Day. The Assistant City Planner stated that the City of Prior Lake may request that their City be permitted to participate in Shakopee's Spring Clean Up day. She asked the Commissioners to discuss whether or not they would approve of this, if this option were presented. She also informed the Commission that this year, the City will not be permitted to burn the brush it collects, as it has in past years. Staff is investigating the costs involved with composting this material. However, if the costs are prohibitive, brush may have to be eliminated from the list of materials that could be accepted. Discussion ensued on the preferred date on which to hold the event. The Commissioners agreed that holding the event on the week-end of Mother's Day and the week-end of the opening of fishing would not be popular. Commissioners Mars / Kelly moved to permit the City of Prior Lake to participate in the Shakopee event if they request permission to do so. Motion carried unanimously. Commissioners Mars / Schoephoerster moved to hold Spring Recyclable Collection Day on May 1, 1993 . Motion carried unanimously. Chairman Drees introduced Agenda Item No. 6, Informational Items. He brought the date of the Shakopee Showcase to the attention of the Commissioners. The Assistant City Planner informed the Commission that this year, the Shakopee Planning Commission, Community Development Commission, and the Energy and Transportation Committee would be sharing one display booth. Discussion on the Shakopee Showcase ensued. Chairman Drees reminded the Commissioners that the Shakopee Showcase would be held on Monday, April 19, 1993 , between the hours of 6:30 and 8:30 P.M. , and that the Commissioners are invited to staff the booth. Chairman Drees stated that the next meeting will be scheduled for Wednesday, May 19, 1993 . Commissioners Kelly / Mars moved to adjourn at 8:45 P.M. Motion carried unanimously. F MINUTES OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session May 19, 1993 Chairman Drees called the meeting to order at 7 : 08 P.M. with Commissioners Drees, Reinke, Stafford, and Schoephoerster present. Commissioners Kelly and Mars were absent. Also present was Terrie Sandbeck, Assistant City Planner. Chairman Drees asked if there were any corrections to the minutes of the March 17 , 1993 , meeting. Commissioners Reinke / Stafford moved to approve the minutes. Motion carried unanimously. Chairman Drees introduced Agenda Item No. 3 , a Guest Speaker from the Regional Transit Board (RTB) , and introduced Mr. Mike Beard, Board Member of the RTB. Mr. Beard stated that Ms. Sherry Munyon, Deputy Chair of the Regional Transit Board had been scheduled to speak to the Commission at this meeting. However, Ms. Munyon resigned from the RTB on April 28, 1993 , to take a position with the Minnesota Chamber of Commerce to lobby on transportation issues. Mr. Beard updated the Commission on some of the more important issues that were discussed and/or approved during the recent legislative session regarding the RTB and the opt-out programs. He reminded the Commissioners that the opt-out programs are not funded by the General Fund, but are funded by property taxes. Ninety percent of this money is recaptured for the City's opt-out programs. He stated that state funding during the 1994-95 fiscal year will be increased by 2% over the previous fiscal year. Mr. Beard stated that a bill regarding Metro Governance was passed which will establish a 15 member advisory council on metropolitan governance to advise the legislature on whether or not to eliminate citizen boards or to change these to elected positions. This study group consists of six legislators and 9 metropolitan residents, and will study the issue to the next 24 months. He informed the Commission that another bill that was recently passed was a policy bill containing the following three provisions: 1. ) It gives the right-of-way to buses entering the right land of traffic; 2 . ) it prohibits parking in a transit stop posted with the accessible symbol; and 3 . ) It includes public transit operators as priority users of energy during fuel shortages. In the event of a fuel emergency, the Dial-A-Ride and Vanpool systems will receive priority in receiving fuel. Mr. Beard stated that another recently passed bill permits the cities of Bloomington, Edina, Richfield, Eden Prairie, and Minnetonka, Plymouth, and Maple Grove to establish Transportation Demand Management programs by local ordinances. This allows them to attempt to stagger work hours and to spread the demand for the 494 traffic corridor. Mr. Beard also informed the Commission that Representative Becky Kelso had proposed a bill to allow new communities to opt-out. However, this bill was defeated. He also reminded the Commissioners that they should feel free to contact him with any questions or concerns. Chairman Drees introduced Agenda Item No. 4 , The Workplace Demonstration Project. He stated that the demonstration project for providing service to The Workplace expired in January, and the Commission should discuss whether or not the program should be continued, amended, or terminated. Commissioner Reinke offered his support in continuing this program, and went on to say that he would not object to expanding it. Discussion ensued regarding whether the expansion of the program would violate the Americans with Disabilities Act. Commissioners Reinke / Stafford offered a motion to continue The Workplace Dial-A-Ride Demonstration Project for an additional twelve months, with the program to be re-evaluated at the completion of the demonstration project. They also requested that staff investigate whether or not its expansion would be a violation of the Americans with Disabilities Act. Motion carried unanimously. Chairman Drees introduced Agenda Item no. 5, Vanpool Policy Amendments regarding Mileage Reimbursement Rates. He stated that in response to the 1991 Transit Audit Report that was completed by the Regional Transit Board, staff was recommending that the Energy and Transportation Committee recommend that the City Council amend Transit Policy No. 11 regarding Additional Driver Mileage, and Transit Policy No. 15 regarding Reimbursement for Car Pool Costs. These amendments would increase the mileage reimbursement rate from 27 . 5 cents per mile to 28 cents per mile. This amount is consistent with the IRS mileage reimbursement standard and the City of Shakopee. Commissioners Reinke / Stafford offered a motion to recommend that the City Council amend Transit Policy No. 11 and Transit Policy No. 15, increasing the mileage reimbursement rate to 28 cents per mile. Motion carried unanimously. Chairman Drees introduced Agenda Item No. 6, Spring Clean-up Day Analysis. Ms. Sandbeck stated that on the table was an analysis of the 1993 Shakopee Recycling Clean-up Program Project. She stated that the program broke even. However, attendance was down from last year. This could be due to a number of reasons: 1. ) It was a cold, gray day; 2 . ) Notice had not been provided in the utility bills as it had been in previous years; and 3 . ) This is the 7th year of the program and residents may have the majority of their places of residence cleaned up. She also informed the Committee that there should be approximately the same amount of funding available for next year. Chairman Drees introduced Agenda Item No. 7 , Non-agenda Informational Items took place. Discussion on these informational items took place. Chairman Drees ,stated that the next meeting will be scheduled for July 21, 1993 . Commissioners Reinke / Stafford offered a motion to adjourn at 7 : 52 P.M. Motion carried unanimously. 7 ,_ ,..., Official Proceedings of the May 4, 1993 Shakopee City Council Page -3- Ms. Marty stated that Scott County personnel had been very helpful with the hiring of this position. She also stated she would change the title of the position. 4351370 ll r C rt lr Beard/Vierling moved to adopt Resolution 3791, amending the pay schedule to add the position of pr attorney; move to adopt Resolution No. 3792, authorizing the transfer of $18, 240 from the -* contingency account to the Law Department budget to cover the estimated expenses of a prooecuting attorney; and authorized the conditional hiring of Patrick McDermott as attorney, at a starting annual salary of $14, 897, subject to satisfactory completion of a drug test, criminal history background check, and driver' s license check. Motion carried unanimously. Vierling/Beard moved to authorize the proper City officials to execute a Shoreland Grant Agreement with the Department of Natural Resources for updating the shoreland ordinance. (Motion carried under consent business . ) Mr. Hutton gave a brief presentation on the drainage improvements in the vicinity of Foothill Trail and Horizon Drive, and asked Council for further direction. Sweeney/Vierling moved to remove Foothill Trail from the table. Motion carried unanimously. Dan Talcott, 2117 Foothill Trail, presented a petition signed by residents owning lots on Foothill Trail to move the waterway into the platting easement . He stated the problem is more a boundary problem than a drainage problem. Cncl . Beard suggested paying for the moving of the ditch out of the storm sewer fund. Sweeney/Beard moved to relocate the ditch and culvert into the original platted easement. Mr. Hutton stated this project should not be assessed according to policy. Cncl . Beard stated that he may have a conflict of interest in this project . Ms. Marty informed Council that since Cncl . Beard would not be benefiting financially from this project there would be no conflict and he can vote on the motion. Motion carried unanimously. Lynch/Beard moved to remove the liquor licenses of Camgil Corporation from the table. Motion carried unanimously. Sweeney/Lynch moved to approve the applications and grant Off Sale, On Sale and Sunday On Sale Intoxicating Liquor Licenses to Camgil Corporation, 1561 East First Avenue upon the surrender of the current licenses issued to XX Corp/Wittles Inc . dba/Rock Spring Supper Club. Motion carried unanimously. Official Proceedings of the May 4, 1993 Shakopee City Council Page -4- Lynch/Vierling moved to select the tag line "Community Pride Since C) _-9-7-8" to be placed on the City' s new letterhead. Motion carried unanimously. Cncl . Vierling and Beard commented on having the church steeple in the skyline for the City logo and requested to have that brought up Nord To again at the next meeting. COUNcrc • Vierling/Beard moved to direct staff to record all warranty deeds rl,rs e,4 obtained to date for Maras Street and to continue to work towards w05611/ obtaining all remaining deeds . (Motion carried under consent business. ) 93 S.�$ 1 Mr. Stock gave a presentation on the Referendum Issues and stated ,ufgtP�r , that the maximum bond issue should be $8, 000, 000 . 00 . Sweeney/Lynch offered Resolution No. 3793 , A Resolution Providing for a Special Election on the Question of Issuing $8, 000, 000 in General Obligation Bonds, and moved its adoption. Cncl . Sweeney stated he would be against the Referendum if any of the projects would be removed. Motion carried unanimously. Lynch/Beard moved to allocate an additional $2 million of tax increment proceeds to the proposed referendum project . (This is in addition to the $1 . 5 million allocated earlier in the year. ) Mayor Laurent was concerned about allocating the funds at this time and the amount of TIF funds being available. Cncl . Lynch stated she felt an amount needed to be set, in order to sell the project to the public and show them what they will be receiving. Cncl . Sweeney stated that $2 million was too much money to allocate because there needs to be money retained for items that can' t be bonded. Motion carried with Cncl . Sweeney dissenting. Beard/Lynch moved to have a Special Council meeting at 7 : 00 PM on June 23 , 1993 for the purpose of canvassing the referendum results. Motion carried unanimously. Lynch/Vierling moved to allocate funding in the amount of $5, 230 . 00 from the Capital Improvement fund to off-set the development of two literature pieces that will be distributed via direct mail . Motion carried unanimously. Vierling/Beard moved to schedule Community Forums for May 25th and June 14th at 7 : 00 PM in the Shakopee City Council Chambers to disseminate information relative to the proposed referendum. Motion carried unanimously. 1/ l May 19, 1993 IEGI SL.ATIVE UPDATE FOR OPT—OUT TRANSIT By George Bentley The 1993 Minnesota legislative session adjourned on May 17th with a guarantee of a special session prior to the beginning of the 1994-95 biennium on July 1, 1993. House DFL leadership and Governor Carlson failed to reach an agreement on the final budget numbers, and the House refused to give the Governor budget reduction authority in the event of an economic downturn. This twelfth hour collapse of negotiations between the Governor and DFL leadership is an apt ending to the regular session which was marked with partisan disagreements and unusual twists and turns. In this final volume of Legislative Update I will review the results of the session on transit and the final status of transit-related legislation. FUNDING In the waning days of the legislative session, an effort was made by Sen. Keith Langseth (DFL-Glyndon) to amend a MnDOT housekeeping bill with a five cent gas tax increase and a 1/2 percent MVET increase. Additional revenues generated through these taxes would go toward increased highway and transit funding. The amendment was successfully attached on the Senate floor by a three-to-one margin (including a majority of I-R members), but the bill had to be tabled until the House passed a similar measure. (All tax increases must originate on the House floor per the Constitution. ) The House leadership refused to allow the companion bill to be heard on the House floor until the Governor made a statement of support for the measure, a political ploy to get the Governor to break his "no new taxes" position. The Governor probably would have signed the bill, but was in no mood to take a proactive position, so the bill languished and died in the House. Meanwhile, a transportation and transit appropriations bill had passed both houses and was awaiting conference committee action. The conference committee was delayed by the appropriation bill's author in the Senate (Sen. Keith Langseth) to keep pressure on the House for the broader tax increase measure. Legislative Update - Page 2 There were several differences between the Senate and the House appropriations bills. The House measure included an additional $25 million for transit for the biennium from the Governor's budget proposal ($17 million for metro transit, $8 million for Greater Minnesota), but the Senate bill only provided the same appropriation for transit as in the current biennium. During the current 1992-93 biennium the RTB received $54,260,000 in state funding ($27,130,000 per year), including Metro Mobility funds. The House bill raised that amount to $35,630,000 for the 1994-95 biennium ($35,630,000 per year). The conference committee ended up providing $32,792,000 for the first year and $27,891,000 for the second. This funding level is barely adequate to maintain existing service levels in 1994, but is well short of needs for 1995, and will necessitate a supplemental appropriation request by the RTB to the Legislature next year. There are no dollars provided over the next two years to implement Vision for Transit. Language had been included in both the House and Senate bills placing a moratorium on I-35W and I-494 acquisition and/or construction activities, but all such language was deleted from the conference committee report. This was done because of a threatened veto by the Governor of such language and a likely lawsuit by the city of Minneapolis against MnDOT relative to this project. At this writing it is not an absolute certainty the Governor will sign this compromise bill because it contains a $3.50 increase in driver's license fees. While it is true that opt-out transit funding comes from the property tax, and was not impacted by final legislative action, it is important to remember that opt-out is part of the region. If funding becomes scarce for the RTB it is certain the opt-out systems will be expected to share the pain with the rest of the region. Also, Vision for Transit would be a significant step forward for suburban transit, and its failure to receive state funding should give all suburban transit interests an added reason to seek improved RTB funding next session. GOVERNANCE Early in the session it appeared that the Legislature was moving in the direction of creating an elected Metropolitan Council, and abolishing the RTB and the MTC boards. As time went by the basic, cautious nature of legislators began to prevail and the mood for sweeping change began to evaporate. Ultimately, all that was left was a bill establishing a Legislative Study Commission on metropolitan governance. This Study Commission was to be comprised of three senators, three representatives, two members of the public appointed by the Senate, two members of the public appointed by the House, and five members of the public appointed by the Governor. Legislative Update - Page 3 The original study commission bill was a stand alone bill in both houses of the legislature, but was later added as an amendment to other bills. One of these bills was the LRT governance bill, which establishes a compromise governance structure for LRT planning, design and construction. The study commission amendment was added to this bill in the House but not in the Senate, and was removed in conference committee. The study commission language was also added in the Senate to the Omnibus Tax Bill, but not in the House. The House agreed to this language in conference committee, but when the bill was prepared for final passage the study commission language was not in the bill, apparently due to an error by the Revisor of Statutes office. No one caught the error on the House or Senate floors and the bill received final passage without the study commission language. Even if the language had remained in the bill, it was likely the Governor would have vetoed any bill with this study commission attached. He did not believe the make-up of the commission was politically balanced, since ten members would come from legislative appointments and only five from the Governor, with the likely results being ten DFL members and only five I--R members. No one is absolutely certain whether the study commission language exists in any bill going to the Governor or not. Part of the problem is the confused way the legislature dealt with conference committees this session. At this point it would appear the study commission idea is dead, but I would encourage everyone to keep your eyes open in case it sneaked through on another bill. OTHER TRANSIT-RELATED LEGISLATION The RTB policy bill was passed by both houses and signed into law by the Governor. This new law grants right-of-way to buses entering the right lane of traffic, prohibits parking in transit stops marked with the handicapped symbol, and makes public transit a priority fuel recipient in the event of a fuel emergency. The bill permitting the cities of Bloomington, Edina, Richfield, Eden Prairie, Minnetonka, Plymouth and Maple Grove to establish Transportation Demand Management programs through local ordinance was passed by the legislature and is awaiting the Governor's signature. A bill establishing a $500 penalty for fraudulent paratransit certification by doctors was passed and is awaiting the Governor's signature. A bill creating a high speed bus study, encouraged and sponsored by suburban transit interests, was passed and is awaiting the Governor's signature. The Metropolitan Council redistricting bill was passed and has gone to the Governor. This bill will change the districts for RTB members, since RTB districts are comprised of two Met Council districts. These RTB districts will be dramatically redrawn, so anyone interested in this item should check Legislative Update - Page 4 with their system administrator. A bill which allows for the construction of tollways in Minnesota was passed and sent to the Governor. If anyone is particularly interested in a bill that is not listed here, please call me and I will be pleased to update them or get the necessary information. OPT-OUT ISSUES We did not approach this session with plans to pass any particular opt-out legislation. Our primary goal was to protect opt-out interests and opt-out funding from those who would like to end our programs. We used this session to tell the opt-out story to the Legislature, and to build relationships with individual legislators. During the course of the session I met with the vast majority of House and Senate members one-on-one, giving them accurate facts about opt-out transit (something they have never received) and telling them why our programs have been so successful. We appeared before the House Transportation and Transit Committee, the Senate Transportation and Public Transit Committee, and the Senate Metropolitan and Local Government Subcommittee on Metropolitan Affairs, telling these committees about opt-out transit and the success of our local option transit programs. These committee appearances marked the first time opt-out transit has been invited to testify before legislative committees along with the RTB and the MTC. During the course of the session a few legislators made efforts to abolish or un-fund opt-out transit. Due to the meetings I held with legislators, due to the testimony we made before the committees mentioned above, and due to our application of old fashioned power politics we were able to persuade these few legislators who were trying to harm opt-out to change their minds. In the process we demonstrated our ability to flex our own political muscle, which may be very useful in the future. 1993 should be noted as the year when opt-out transit truly became a viable entity at the Legislature, and established itself to lawmakers as the region's most successful transit programs. I would like to thank all of you for the opportunity to represent you again this year. Please feel free to call me at any time with questions or comments. 11 MICHAEL D. McCOLI,UM 540 OPUS CENTER TELEPHONE:(612)935-3004 M9900 INNETON KA, MN 555343 TTORNEY AT LAW 3T ROAN 5AFAX:(612)932-9094 NN May 21, 1993 Gary Laurent, Mayor City of Shakopee City Hall Shakopee, MN 55379 Dear Mr. Laurent: I read in today's (May 21) Star Tribune that there is a proposal for Ogden Corp. to buy the Canterbury Downs Track, remodel it and have entertainers perform on the infield while spectators watch. I live in Eden Prairie, on the bluffs overlooking the Canterbury Downs Track. I would suggest you consider the noise factor. If I am subjected to what I think is being proposed, namely rock concerts or any other concerts that I don't care to listen to I can, and will, sue everyone to the wall for creating a public nuisance. I think Shakopee's money is better spent on finding a more appropriate use for this facility than on attorney's fees. Very truly yours, / . / Michael D. McCollum MDM/ses 4k i3 OFFICIAL PROCEEDINGS OF THE SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA MAY 19, 1993 The meeting was called to order at 5 :30 p.m. with the following members present : VanHorn, Unseth, Dircks, Phillips, Brandmire and Miller. Commissioner Albinson was absent . Barry Stock, Assistant City Administrator was also present . Phillips/Unseth moved to approve the minutes of the April 21, 1993 meeting as kept . Motion carried unanimously. Mr. Stock gave a brief update on the proposed bond issue . He stated that public informational meetings were scheduled for Tuesday, May 25, 1993 and Monday June 14, 1993 at 7 : 00 p.m. in the Shakopee City Council Chambers . Mr. Stock stated that last evening at the City Council meeting officials from Ladbroke proposed an alternative use for the racetrack. Mr. Stock noted that the proposed use was an amphitheater. Ladbroke officials simply made a presentation to City Council in an attempt to gauge whether or not there was any hope what-so-ever in having an amphitheater proposal approved. Mr. Stock stated that while Council was not overly enthusiastic about the concept they did believe that the use should be investigated further given the limited uses for the facility. Discussion ensued on the joint meeting that was held with the Planning Commission regarding the East Shakopee Transportation Study. Mr. Stock stated that the City Planner requested that the CDC be informed .of an upcoming meeting to be held on June 3rd before the Planning Commission. At the meeting the Planning Commission will be discussing land use options for the property West of CR-83 and the North/South street characteristic map. Discussion ensued on the joint meeting that was held the previous week. Commissioner Brandmire stated that he felt the meeting was beneficial . He stated that he felt it was important for the City to make sure that we are keeping as much open space as possible within the study area. He also felt it was important that an overview of the entire commercial districts within the community be looked at so everything compliments each other. Commissioner Miller stated that he was concerned about the development at the CR-18 intersection and the impact that it will have on the downtown area as well as other commercial areas in the City. Commission VanHorn stated that he felt an important issue to address was who was going to pay for all the services that were going to be needed to accommodate the proposed growth area at CR-18 . He stated that we are not talking about developer' s in this particular case, we are talking about land speculators . He felt it was their desire to simply rezone the property, sell it and stick the City with the bill . Commissioner Miller concurred with Commissioner VanHorn. He also stated that he felt it was important for the City to calculate Official Proceedings of the May 19, 1993 Shakopee Community Development Commission Page -2- the cost of the services to be supplied to the proposed development area versus the benefit . Further discussion ensued on the impact of a large development project at the CR-18 intersection and its impact on other commercial areas within Shakopee. It was the general consensus of the group that the property in question would likely develop 20 years from now if the City wishes to stick to the current zoning in place today. Discussion ensued on the need for the existing commercial areas to develop to their greatest potential prior to adding a new commercial district to the community. Mr. Stock stated that he felt a joint meeting between the City Council, Planning Commission and the CDC would be in order at a later date . The Commission members felt that a joint meeting would be beneficial for all parties. Discussion ensued on the rehab grant program. Mr. Stock noted that the HRA did place a 180 day moratorium on the program and approved the architect . Mr. Stock stated that by our next meeting we should have some preliminary drawings from the architect to review. Mr.Stock reminded the Commission of the Scott County Economic Development Coalition Economic Development Day to be held on Friday, May 21st at Canterbury Inn. Mr. Stock stated that approximately 70 persons had pre-registered for the event . VanHorn/Phillips moved to adjourn the meeting at 7 : 00 p.m. Motion carried unanimously. 19 MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, City Planner RE: Calculating Park Dedication Fees DATE: May 28, 1993 NON-AGENDA INFORMATION ITEM: The intent of this memo is to clarify the calculation of park dedication fees. A copy of the park dedication requirement handout is attached for reference purposes. Calculating the park dedication fees under the current ordinance requires a determination of the fair market value of the land within the subdivision at the time of preliminary plat approval by the City Council. To determine the fair market value, the ordinance specifies four formulas. The formulas noted in the handout are listed in order of preference. Generally, the amount of park dedication fees decrease with the use of the later formulas. For example, the average single family residential per lot park dedication fee has ranged from $350 to $550 using formulas 1, 2 and 3 . Whereas, the assessed value formula has resulted in a park dedication fee of $70 to $200 per residential lot. When land within a proposed preliminary plat has not been sold or appraised recently, staff utilizes the County Assessor values (Formula 4) . If it appears that the fair market value of the land is extremely low based upon the County Assessor's values, which would result in a low park dedication fee, and the cost of an appraisal can be covered in recalculating the park dedication fees, staff will continue to recommend to the City Council the hiring of an appraiser to establish a more realistic fair market value of the property within the subdivision plat. PARK DEDICATION REQUIREMENTS APPLICATION PACKET LAND DIVISION ADMINISTRATION City of Shakopee 129 East 1st Avenue Shakopee, Minnesota 55379 (612) 445-3650 {PARKDEDIAPP} Original:8/17/92 PARK DEDICATION REQUIREMENTS INFORMATIONAL HANDOUT LAND DIVISION ADMINISTRATION CITY OF SHAKOPEE General Dedications Pursuant to Minnesota Statutes 462.358,the City of Shakopee does require that a reasonable portion of any proposed subdivision he dedicated to the public or preserved for public use as streets, roads,sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds, and similar utilities and improvements. Park Dedications The City also requires that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds,trails,wetlands,or open space. The City requires that,as a general rule,an amount of land equal in value to ten percent of the undeveloped land proposed to be subdivided he reserved or dedicated to the public for public use for parks, playgrounds, trails, wetlands, or open space. Should the land required by the City to he dedicated have a greater fair market land value than the average fair market land value of the land in the plat, then the City shall only be authorized to require dedication of an amount of land equal to ten percent of the fair market land value of all the property being platted. Cash Contribution in Lieu of Land Dedication The City shall have the option of requiring a cash contribution in lieu of the land dedication. Such cash contributions shall be based upon the total fair market value of the land being subdivided. For the purposes of this Subdivision, "fair market value" is defined as the market value of the land within the plat or subdivision as of the date it was presented to the Council for preliminary approval. Calculating Fair Market Value. Fair market value shall be determined based upon one of the following methods, which are listed in order of preference: 1. The price the subject land sold for within the past year. 2. An appraisal performed for,or on behalf of,the City within the past year. 3. An appraisal performed for,or on behalf of,the subdivider within the past year. 4. The value determined by the County Assessor in the same manner that he or she determines the market value of land for tax purposes. The fair market value determination shall exclude any value added to the land within the past year by improvements serving the land. Submittal Requirements As a part of the application process a minimum of one of the above fair market value methods must be submitted to the City. No applications will be accepted without this information. Replats and Resubdivision When land is being replatted or resubdivided,and the City has requested and received dedications, then no further dedication shall be required for those purposes unless additional dedications are needed as a result of approval of the replat or resubdivision. When the land has not previously provided dedications or if additional dedications are needed, in the City's sole determination, then those dedications shall be required with the replat or resubdivision. When Dedication is to be Made The dedication of land for park purposes is made at the time of the platting of the land, and any cash payments made in lieu of a land dedication are due and payable prior to the time final approval of the plat is given by the City Council. However,at the request of any party submitting a plat, the Council may enter into a contractual agreement to allow the park dedication payments to be deferred until a building permit is issued for each of the lots within the development. This contract will designate the amount to he paid in lieu of park dedication for each specific lot in the plat,and is filed with the Scott County Recorder as a lien against the property. Written requests for such a deferment must be submitted with the application for preliminary plat approval. If you have any questions on park dedication requirements, please contact the Planning Department staff at 445-3650. {PARKDEDI.APP} Original 6/15/92 PARK DEDICATION REQUIREMENTS WORKSHEET City of Shakopee Applicant Project Name Project Location PID Numbers Project Size acres Year Property Purchased Purchase Price $ Last Year Property Appraised Appraisal Value $ Scott County Assessed Value $ Will a deferral of the Park Dedication requirements be requested? Yes _ No Reasons for deferral request: Written requests for deferrals must be submitted with this application and the application for preliminary plat approval or the preliminary plat application cannot be processed. (PARK DEIN APP) On want.6/1,4,2 MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, City Planner RE: Alternative Land Use Strategies Background Material For the Committee of the Whole Meeting DATE: May 28, 1993 NON-AGENDA INFORMATION ITEM: The City Council will be holding a joint meeting with the Planning Commission and the Community Development Commission in a Committee of the Whole format to discuss alternative land use strategies for the City of Shakopee. This memo is intended to provide background information for members of the City Council. Several meetings have been held by the Planning Commission and the Community Development Commission to review the alternative land use strategies. Collectively, they have raised numerous issues and concerns facing the City's future growth. Staff has provided additional information as requested by the Planning Commission or the Community Development Commission on many of these issues. Several topics need to be further addressed in upcoming meetings. Guiding or managing the future growth is a major challenge facing the City of Shakopee. With increased accessibility to the metropolitan area, Shakopee will likely experience a more rapid rate of growth. The three alternative land use plan strategies and other planning efforts are helping the City to prepare for this upcoming growth. Attached are the following background materials: 1. Planning Commission agendas - May 13 , April 22 , March 25 2 . Planning Commission meeting minutes 3 . Planning Commission staff memos If members of the City Council have any questions or would like to review the full sized maps, please call me at 445-3650. Thank you. TENTATIVE AGENDA PLANNING COMiVIISSION Adjourned Regular Session Shakopee, MN March 25, 1993 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the March 4 , 1993 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . 7 : 30 P.M. PUBLIC HEARING: To Consider an amendment to the Comprehensive Plan regarding proposed changes to the 2010 Land. Use Plan. 6 . FINAL PLAT: To consider the final plat of Prairie Estates 3rd Addition, located north of Vierling Drive and south of 11th Avenue. Applicant: Vierling Partnership 7 . Other Business A. 8 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN April 22, 1993 Chairperson Terry Joos Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Recognition by Planning Commission of Interested Citizens. 4 . 7 : 30 P.M. PUBLIC HEARING CONTINUED: To Consider an amendment to the Comprehensive Plan regarding proposed changes to the 2010 Land Use Plan. 5. Other Business A. 6 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650 . 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN May 13 , 1993 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Introduction of Community Development Commission Members. 3 . Approval of Agenda 4 . Recognition by Planning Commission of Interested Citizens. 5 . 7 : 30 P.M. PUBLIC HEARING CONTINUED: To Consider an amendment to the Comprehensive Plan regarding proposed changes to the 2010 Land Use Plan. A joint discussion on the proposed amendments between the Community Development Commission and the Planning Commission will take place with this agenda item. 6 . Conditional Use Permit: To continue discussion on an application for a Conditional Use Permit to construct a deck within the Floodplain District. Apolicant: Dangerfield's Restaurant Action: Resolution No. PC-658 7 . Other Business A. 8 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota March 25, 1993 MEMBERS PRESENT: Madigan, Kelly, Mars, Joos, Spurrier MEMBERS ABSENT: Christensen, Zak STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Nancy Deziel, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 7 : 30 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was amended to change the order from the public hearing first and the final plat second, to the final plat first and the public hearing second. The amended agenda was approved. III. APPROVAL OF THE MARCH 4, 1993 MEETING MINUTES The minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. V. FINAL PLAT: TO CONSIDER THE FINAL PLAT OF PRAIRIE ESTATES 3RD ADDITION, LOCATED NORTH OF VIERLING DRIVE AND SOUTH OF 11TH AVENUE. The Assistant Planner stated that Vierling Partnership has submitted an Application for Final Plat Approval for Prairie Estates 3rd Addition. The proposed development is located west of CR 17 and south of Prairie Estates 2nd Addition. The area is zoned R-2 , Urban Residential. This is the third phase of the development and it contains 14 lots and one outlot on approximately 6 acres. The Upper Valley Drainageway is located adjacent to the southerly boundary of this plat. The Preliminary Plat showed Prairie Lane crossing the drainageway and providing access to Vierling Drive. The developer has discussed the possibility of not constructing this proposed crossing with staff, and constructing a cul-de-sac to terminate Prairie Lane instead. Staff is recommending a condition requiring the construction of this proposed crossing with the next addition due to the Minutes of the Page- 2 Shakopee Planning Commission March 25,1993 high number of cul-de-sacs and the limited number of crossings in the area. She stated the proposed street alignment for Prairie Lane has been shifted slightly westward on the proposed final plat from the preliminary plat. The shifting of the street westward will allow Outlot C south of the Upper Valley Drainageway to be more readily developed for the mid-density uses which it is planned for. The cul-de-sac street (Schooner Court) would not be constructed with this proposed street shift. A row of twin homes is planned to be constructed on the west side of the future local street. She stated that staff is recommending approval of the Final Plat of Prairie Estates 3rd Addition, subject to the nine conditions discussed in the staff report. The action requested is to offer a motion recommending to the City Council the approval of Prairie Estates 3rd Addition, subject to conditions, and move its approval. Chrmn. Joos asked if there were any questions of staff from the Commissioners. There were none. Chrmn. Joos asked the applicant or their representative to come forward and address the Commission. Gloria Vierling, 1461 CR 79, stated that she did not have any comments at that time, but would respond to questions. Chrmn. Joos asked if there were any questions for Ms. Vierling. There were none. Motion: Comm. Madigan/Mars moved to recommend to the City Council approval of Prairie Estates 3rd Addition, subject to conditions, and move its approval. Comm. Spurrier asked if they were forgoing the crossing. The City Planner stated that at this point in time the crossing will not be constructed with the plat but instead a temporary cul-de-sac will be constructed before the crossing. The crossing will be constructed with the development of the outlots to the south. Comm. Spurrier asked what easements cover the temporary cul- de-sac and if a temporary easement that covers part of the cul-de-sac is part of the condition. The City Planner stated that they have in the past accepted a separate document for a temporary easement turnaround. Motion: Comm. Spurrier/Mars moved to amend recommended Condition No. 8 of the motion to include a temporary easement Minutes of the Page - 3 Shakopee Planning Commi.&ion March 25, 1993 sufficient to provide an area to construct a temporary cul-de- sac. Chrmn. Joos stated they would vote on the amendment first. Vote: Motion carried unanimously. Chrmn. Joos asked if there was any further discussion on the main motion. There was none. Vote: Motion carried unanimously. Ms. Vierling stated that she did speak with her engineer, Bill Engelhardt, and he has the drawings ready for the temporary easement and has already talked with the City Engineer. VI. PUBLIC HEARING: TO CONSIDER AN AMENDMENT TO THE COMPREHENSIVE PLAN REGARDING PROPOSED CHANGES TO THE 2010 LAND USE PLAN. Chrmn. Joos opened the public hearing to consider an amendment to the Comprehensive Plan regarding proposed changes to the 2010 Land Use Plan. The City Planner stated that before them tonight is a look at the Land Use Plan for the City of Shakopee. He stated that Shakopee is a growing community and is likely going to experience more rapid growth in the future. To prepare for the future growth, the City is preparing several planning efforts, as the Planning Commission is well aware of. Two of those efforts, the East Shakopee Transportation Study and The Comprehensive Sewer Plan, require that a revised Land Use Plan be developed. The time frames for those studies is a much longer and broader time frame than was considered in the 20 year Comprehensive Plan. With that in mind, some major policy decisions from a Land Use perspective are needed to guide the planning efforts and would also be intended to guide the growth of the community in the future. To help provide some background for the discussion, three alternative Land Use Plans have been prepared to help frame the discussion for the major land use issues within the City. The source for Alternative No. 1 comes from the Comprehensive Land Use Plan that BRW developed in 1988 and 1990. The Land Use Plan was reviewed by the Planning Commission with the City Council or Committee Of The Whole in a series of meetings. This alternative assumes a west to east type of a growth pattern. Minutes of the Rage - 4 Shakopee Planning Commiesion March 25,1993 Alternative No. 2 , meanwhile, assumes an east to west growth pattern. It's trying to recognize development pressures that are coming from the eastern part of Scott County, starting from 35W through the City of Burnsville and Savage, and now into Shakopee. Alternative No. 3 would assume a shared growth concept. In other words, the growth patterns of both east to west and west to east. The City Planner stated that those are the three basic alternatives that they want to present to the Planning Commission. He stated they have three purposes for tonight's meeting. One would be to hear from the public on the major land use policy issues. Two, to review and discuss the three alternatives before the Commission. And the third would be to identify any additional information that would be needed. At some point in time a recommendation from the Planning Commission will be needed in order to allow those two studies to continue. It's important that the base information of land use is provided for the Sewer Plan and for the Transportation Study in order for the appropriate sizing of roadways and sewer utility facilities. It's important to have a base in terms of what that future land use would be. The City Planner reminded everyone of the maps located on the wall and asked them to feel free to use those as a resource. Chrmn. Joos stated that he would like to have some discussion on the alternatives from the Commissioners and also from the public, and then do the review of what is going on. Chrmn. Joos stated that if anyone has a preference for one of the three alternatives to let that preference be known and they will keep a running total of what the input is on those issues. Discussion was held on whether the Metropolitan Council would have any input. Chrmn. Joos stated he thinks it would be appropriate for a member of the Metropolitan Council to be present and hoped a representative would be present at meetings in the future. Comm. Mars asked the City Planner how he viewed the growth. He questioned whether he thinks it is going more east-west or west-east. The City Planner stated that historically Shakopee has had a west to east type of growth pattern. He stated that as they become part of the developing metropolitan area, development pressure from the east to west will continue to increase. Minutes of the Page- 5 Shakopee Planning Commi cion March 25, 1993 It's something the City needs to recognize. He stated that with construction of the major transportation projects, there will be a tremendous amount of traffic coming across the river bridge. That area will become a major entry point into the City of Shakopee and it needs to be closely looked at. Chrmn. Joos asked the City Planner what he sees possible for expansion as far as what would be allowed by the Metropolitan Council up to the year 2010 or even the year 2000. The City Planner stated the most current effort to address in terms of acreages and where those land uses should occur by acreage took place with the Comprehensive Plan that was recently reviewed by the Planning Commission and approved by the City Council, but stopped at the Metropolitan Council level. In that plan, they projected for the next 20 years a growth of 1, 550 acres approximately of commercial, industrial, and residential land uses in the City. The City Planner referred to the Land Use Plan prepared by BRW. He stated that if your looking to try to understand how much land growth will be needed for a 20 year time frame, a majority of the growth would happen at the CR 17 interchange and at the CR 83 interchange in terms of commercial development, business parks, and building north of the bypass. The areas that are filling up would be the areas around CR 17, CR 83 , and again out to the existing city limits on the east side. That is where the 1, 550 acres of growth is envisioned to occur over the next 20 years, as projected by BRW. Chrmn. Joos asked the City Planner what kind of development he sees to the west. The City Planner stated that the lands west of CR 79 and south of the bypass are in two townships. That area was not included with that Comprehensive Plan. He stated that may be something that the City needs to look at for a future window of growth for a 20 to 40 year time frame. Chrmn. Joos stated that as he understands it, there are annexation talks of the areas that are north of the bypass. The City Planner stated that is correct. Chrmn. Joos asked what type of Land Use Plan they are looking for in those areas that haven't been addressed in their previous plan. The City Planner stated that he did not bring the Urban Land Use Plan but that plan shows those areas being developed for single family land uses and becoming a part of the City of Shakopee by the mid 1990's. He stated it is addressed, but he Minutes of the Page - 6 Shakopee Planning Commission March 25,1993 did not have the appropriate drawing with him at the present time. Chrmn. Joos asked if there were any other questions or comments on any of the alternatives. Comm. Spurrier asked how the City Planner would frame the CR 18 ramp issue. The City Planner stated that there is a shoulder of rural service area in the City of Shakopee. The area south of the bypass you can consider that shoulder of rural service area. To try to provide for the regional transportation needs, various government entities identified a need for another bridge crossing to improve what was in a very poor state of conditions crossing the river, the existing Bloomington Ferry Bridge. It has been a plan for a long period of time to have some sort of improved connection up to 494 and the City of Bloomington and Eden Prairie boundary to get better access across the river. To 35W there are limitations for traffic access points. As the metropolitan area has grown, there's a need for further river crossings and that has been studied at the state level and regional level. The City Planner stated that in order to provide better regional transportation access, they have this highway cutting through the rural service area and that becomes a major policy conflict with the Metropolitan Council. He stated his discussion to this point has been to try to frame where they are at. He stated there are a couple of alternatives that can be looked at. When you have this urban level of traffic coming through a rural area, there are problems that are inconsistent with the Metropolitan Council's policies and the City's policies. With traffic, there becomes pressure for development and it's that land use transportation correlation. Which comes first? The transportation system or the land use? Some of the land uses in Prior Lake that need better access have been there for 10, 20 years and continue to grow. The transportation system is now being constructed. The traffic volumes will continue to increase. What should happen at the interchange area? The City Planner stated he thinks it's already a foregone conclusion. Obviously the bridge is under construction. The construction plans for CR 18 and the ramps are under construction. This area is in transition. We're getting pressures from the north and from the east and coming out into this area. And so, what should happen in that area? The Planning Commission has to look at the existing fabric of the City and what type of development should go where and at what locations. Minutes of the e- 7 Shakopee Planning Commission March 25, 1993 He stated that through the City of Shakopee there are two major roadways running east and west. Existing TH 101, TH 169 corridor, and the future bypass. Those provide very good access through the northern part of Scott County and through the City of Shakopee. To provide north/south access we have a series of other roads, CR 18, CR 83 , CR 17, CR 15, and TH 169. There are some less traveled roads, CR 79 and CR 77 , but basically these north, south roadways are going to take that traffic off those two major roadways and bring it to the north or to the south. And each one has over the past 10, 15, 20 years developed its own character. For example, at the future interchange of the bypass and CR 83 , there is the race track to the north and the west. You have the Canterbury Inn Hotel. There is a large industrial park. It has industrial and entertainment types of characteristics. If you go to CR 17, in the past two years the City has provided for St. Francis to relocate. The City has made major policy decisions to relocate the St. Francis Hospital to a 60 acre parcel. That relocation provides for a large institutional facility that can complement the existing urban residential area that has grown out along CR 17 . So there is this urban residential, community-commercial, and regional-institutional kind of intersection which is much different in character than CR 83 . The TH 169 interchange has the entryway on the west and the shopping center on the west side. And CR 18 , it's basically an area that has a new horizon and it has a very strong regional transportation system provided for it. So possibly there could become some sort of a regional-commercial entity taking place out in that area complemented with residential uses off of Dean Lake. What we're trying to say is that these north/south roadways have characters based on the way they developed in the past. Anything in terms of land use or any policies should try to complement and enhance those since those systems are already in place. Chrmn. Joos asked if there were any other comments or questions from the Commissioners. There were none. Chrmn. Joos reminded everyone it was a public hearing and asked anyone in the audience wishing to speak to the issue to step forward. Bob Morehouse, Watertown, MN, stated that he was one of several members of the Shakopee 500 Partnership. He stated that with him was Mr. Paul Napper, also a member of the Shakopee 500 Partnership; their attorney, Mr. Bruce Malkerson; and their planners from the firm of RLK, Mr. Dick Koppy and Mr. John Dietrich. Mr. Morehouse stated that they acquired the property known as the Hanson Ranch. He stated the property totals some 535 acres and is presently zoned industrial. He stated that they believe the property to be Minutes of the Page - 8 Shakopee Planning Commission March 25, 1993 the most strategically located parcel anywhere in the metropolitan area. He stated that after many years of getting by with inadequate bridge facilities, Shakopee is finally going to have the benefits of a two hundred million dollar road and bridge system which is already under construction. He stated that their Shakopee 500 property is immediately contiguous to the very focal point of the entire new transportation system, which in effect creates a new front door to Shakopee on its easterly side and opens up many exciting possibilities. Since acquiring the property in 1991, they have been communicating frequently with planning staff and other members of the city governments as well as their neighbors. He stated that they have had a number of productive meetings and everyone envisions something special in the way of first class upscale development taking place on the property. He stated that's why they were there, to seek the Planning Commission's help. Mr. Morehouse turned the presentation over to Mr. Koppy. Mr. Dick Koppy, RLK Associates, Hopkins, MN, stated that they were representing the property owners of the Shakopee 500 and one of the Land Use Plans that the Commissioners were looking at tonight. He stated that the property owners favor Alternative No. 2 . Mr. Koppy gave a presentation and passed out copies of his presentation outline and reasons for supporting Alternative No. 2 . Chrmn. Joos asked if there were any questions of Mr. Koppy. There were none. Mr. Phil Carlson, Planner for Dahlgren, Shardlow, and Uban, Inc. , Minneapolis, stated that they have been assisting Mr. John Albinson with Valley Green Business Park for many years in various planning matters. Mr. Carlson stated that they too favor Alternative No. 2 . He stated that Valley Green owns the property to the west of Shakopee 500: The area between Dean Lake and the Shakopee 500 land. He stated that Alternative No. 2 shows that area as single family residential which is consistent with ideas that Valley Green has for that area south of the bypass. He stated that the Shakopee 500 group and Valley Green Business Park are working closely together and jointly support in concept Alternative No. 2 . Mr. Carlson went on to give a presentation outlining and supporting their reasons for favoring Alternative No. 2 . Mr. John Albinson, Valley Green Business Park, spoke in support of Alternative No. 2 . He clarified some errors regarding the staff report and maps. He gave a brief presentation while also making several clarifications of things he felt were incorrect or needed further clarification. Minutes of the Page- 9 Shakopee Planning Commission NUnh25, 1993 Mr. Bruce Malkerson, 3200 Piper Jaffray Tower, Minneapolis, gave a presentation outlining and supporting Alternative No. . 2 . Chrmn. Joos asked if anyone else in the audience would like to address the Commission on the present issue. There was no response. Chrmn. Joos asked if there were any comments or questions from the Commissioners. Comm. Spurrier stated that there were about six more areas that needed exploration. They need to know the impact of the proposed development in these areas. He stated that one thing at the top of his list was parks. He expressed concern over the lack of area allocated for open space and park land. He stated the second and third issues they need to address are the costs of extending police service and fire service to the areas. The fourth would be the question of how the area would be served by schools. The last two issues that he feels need to be raised relate to the character and look of Shakopee. He stated they need to look at: 1. ) will they continue to be a free standing growth center; or 2 . ) will they become a part of the metropolitan ring? There are advantages and disadvantages to both. He stated he feels it looks like they're buying into the concept of becoming another ring and they are no longer a free standing growth center. That is a very serious decision that the City has to make. He stated he would like to see some pros and cons of what that impact would be. Comm. Spurrier stated that he would also like more clarification and detail on the data in the report. He stated he would like to know where some of the areas are. He stated he thinks they need to know if Metropolitan Waste Control Commission is planning to actively market their 580 acres. He stated he would be interested in how close to the environmental impact statement is the commercial development predicted and what has occurred as the result of race track development. He stated his own view is that they may have been much too over protective of a facility that is well buffered by stables and parking lots and can provide its own environment and perhaps they don't need as much control on the RTD as earlier expected. Chrmn. Joos asked if there were any other comments or questions. There was no response. Chrmn. Joos stated that he too had a few issues that he would like to see happen. He stated he would like to see someone from the Shakopee Downtown Committee represented and also someone from the Metropolitan Council. He stated that he felt Minutes of the Page-10 Shakopee Planning Commission March 25,1993 if Comm. Christensen were present, she would speak in the words that they need to take a very hard look at the impact that this will have on the overall impact of the City of Shakopee from east to west and west to east. He stated it is their chance to decide where Shakopee is going to go from here. Comm. Spurrier wanted to add that he has concern over the access that his neighborhood has to the bypass and the access that the Shakopee Mall has to the bypass. He stated that while this is fair competition, it is direct competition with other retail centers in the community. He expressed concern over the historic issues relating to protecting the historic area of the community and what impact it might have. He stated that if they get on the train, they ought to know where it's going so that they won't be surprised when they get there. Chrmn. Joos asked if there were any more comments or questions. Chrmn. Joos asked if there had been any decision as to what the CR 21 alignment will be. The City Planner stated that there has been a study prepared at the county level by a consultant. Comm. Mars stated that he feels there should be a representative from the Boiling Springs Drive area because they moved out to the country to have bigger lots and get away from the rush of the city and now the city could be knocking on their back door. He stated that on the Shakopee 500 Plan, they're going to see a heavy concentration of commercial development adjacent to former country living homes. Also, their back yards are next to an industrial area to the north. In Alternative No. 2 they're seeing industrial to the west and they are going to lock those people in both on the west, to the north, and to the east, and that would be a concern. Comm. Mars stated they must be very careful not to divide their city. And whenever a city is faced with a new entry point, planners with vision need to study an area and look towards how it will mesh together. When one hub builds and another hub builds and when you have that combined growth, what happens in the middle? He stated that they have built the City of Shakopee with traditional growth and put the industrial on one edge. Now beyond that edge they're starting another hub. He would like to see what would happen and what their vision would be where those two hubs meet. He stated you don't want to have residential here but in this hub we' ll have industrial and we would be in an area where we will Minutes of the Rage-11 Shakopee Planning Commission March 25,1993 desire buffers. Comm. Mars stated that in Alternative No. 3 , they're showing a little smaller RTD and adding some light industrial which he feels is good. He stated he would also like to hear from some of the Dean Lake residents. He stated he sees these two hubs butting and the proper planning should be done not to have any overlap or have any conflicts next to any housing or industrial and use the proper buffer zones. Chrmn. Joos asked if anyone else would like to speak to the issue. There was no response. Motion: Comm. Kelly/Madigan moved to continue the public hearing to a future date to be set to allow for additional input both from staff and members of the community on those issues. Chrmn. Joos asked Mr. Kelly if he had a date in mind. Comm. Kelly stated that both the date and notification would be some issues they should give some thought to. Chrmn. Joos asked the City Planner if he had any ideas on that. The City Planner stated that with their meeting coming up on April 8th, the preparation for that meeting would take a majority of the staff time. He stated they could probably put together a proposed time frame sometime in April 15th, 22nd, or 29th, since Thursday nights are better nights for the Commission to attend. The City Planner stated that it's going to take more like to the 22nd or 29th to give staff time to put something together. Comm. Kelly stated to the City Planner that what he would like to see some information on the projected growth rates for affected cities of Shakopee, and perhaps surrounding cities, as well as Scott County. He stated that in front of them they have some very optimistic projections. Last Friday in the Minneapolis Star, their City Administrator, the Scott County Engineer, and City Engineer from Prior Lake, said they foresee very little growth in their communities for quite a period. He stated there seems to be some discrepancy between some people who should be in the know. He would like to get some additional information on that. Comm. Mars stated he would also like to see that. Chrmn. Joos asked if the 22nd would be all right with everybody. Chrmn. Joos stated that would be the date for Comm. Kelly's motion. Minutes of the Page -12 Shakopee Planning Commission March 25, 1993 Chrmn. Joos asked if there was any further discussion. Comm. Mars stated that in regard to the two hubs and how to blend, he thinks in reference to the Shakopee 500 partnership people, they have laid out maps as in the packet by staff that are trying to show some vision for a bigger area. He stated he knows that they only own this land but from a developer standpoint he thinks it would be helpful to show their ideas. Chrmn. Joos asked if there was any further discussion. There was none. Vote: Motion carried unanimously. Chrmn. Joos stated the public hearing is continued until April 22nd. Motion: Comm. Madigan moved to adjourn. VII. ADJOURNMENT The meeting adjourned at 9: 07 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Adj . Regular Session Shakopee, Minnesota April 22 , 1993 MEMBERS PRESENT: Madigan, Spurrier, Mars, Joos, Kelly, Christensen, Zak MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Nancy Deziel, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 7 : 30 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. IV. PUBLIC HEARING CONTINUED: TO CONSIDER AN AMENDMENT TO THE COMPREHENSIVE PLAN REGARDING PROPOSED CHANGES TO THE 2010 LAND USE PLAN. Chrmn. Joos opened the continued public hearing to consider an amendment to the Comprehensive Plan regarding proposed changes to the 2010 Land Use Plan. The City Planner stated at the last meeting in March the Planning Commission opened the public hearing. The Planning Commission identified 18 items where they had requested additional information. Many of those items are provided in the staff report. The City Planner stated that he would also give a brief report on some items that were not included in the staff report. The City Planner stated there were some pieces of information they have not received and he would note those as they go along. Using Exhibit A and referring to No. 2, Cost of extending services to the East Dean Lake area, the City Planner stated they were still working with the police staff to get additional comments from them. The City Planner also pointed out the memo from the Fire Chief, Frank Ries. Minutes of the Page - 2 Shakopee Planning Commission April22, 1993 Referring to No. 4 , Public School Services, the City Planner stated the School Board was still reviewing materials sent to them and the staff will work to get their comments when they meet next week. Referring to No. 6, Land use acreage data, the City Planner pointed out a table listing different land use categories and the acreages. He stated they will be providing a copy of the land use maps with acreages on them at the next meeting. Referring to No. 9, the City Planner stated there was some discussion about the RTD District. He stated staff has provided copies of the permitted uses in the RTD for discussion purposes. Referring to No. 10, the City Planner stated that the Planning Commission requested that staff provide information to the CDC, the Community Development Commission. He stated the CDC met and reviewed the 3 alternative land use plans. The CDC asked several questions and there was a good discussion. He stated the CDC would like to meet with the Planning Commission. He stated there was some discussion about the land use consumption or absorption rates that needed more review. Also, there was some discussion about the RTD District. Referring to No. 11, the City Planner stated there was an attempt to meet with Dottie Rietow, Chair of the Metropolitan Council, but the meeting had to be rescheduled. He stated an update of that meeting will be provided at the next Planning Commission meeting. In reference to the CSAH 18 , the City Planner stated that administration feels it is premature to involve the Metropolitan Council in the planning process. Referring to No. 12 , contacting of various neighbors, the City Planner pointed out there were some residents in the audience and stated they welcome their input. The City Planner stated they wanted to work with the local newspaper on getting the word out about the plans of the Planning Commission since a lot of people and their property will be affected. He stated they are open to suggestions on ways to improve the notification of the people in the community. The City Planner stated as a point of discussion for the meeting would be to ask what are they trying to accomplish with these land use plans. The City Planner stated he would like to submit to the members of the Planning Commission that Minutes of the Page- 3 Shakopee Planning Commission April 22, 1993 there are many reasons, and one of those reasons would include that there is a need to open up discussion on the impacts that are coming forward. He stated because of the updating of the Sanitary Sewer Plan and the Shakopee Transportation Study, both consultants need to understand at the land use level what will occur within the City. The City Planner stated another item is involving the CSAH 18 ramp issue. He stated the land use plans are a way to improve the communication between the City of Shakopee, the private property owners in the area, and the Metropolitan Council, as well as other cities and Scott County. He stated the land use plan is a communication tool they can use in the Comprehensive Plan. The City Planner stated that it was an objective that a land use plan for the East Dean Lake area be established by the year 1995 . He stated with that time table approaching, that's something that is coming forward. The City Planner stated another item coming up in discussion is in reference to the RTD. He stated this past March the City Council directed staff to initiate the process to reconsider the land use in the RTD area. He stated the study area includes the RTD and there has been some discussion on what possible direction the RTD could go in the future. The City Planner stated lastly in reference to the transportation system in the City, much of the efforts the past 10-20 years has been focused on the bypass, the mini bypass, and the Bloomington Ferry Bridge. He stated the construction of the Bloomington Ferry Bridge and the mini bypass are well under way. He stated it's now time for the City to really focus on the local streets and the collectors and minor arterials. Once traffic comes off of that major transportation system, there needs to be a well established, effective, efficient system for traffic to travel off. The City Planner stated if there is a direction from staff, they feel there are still a lot more items to be researched. Chrmn. Joos stated that before he takes questions from the Commissioners that he would like to let the people in the audience speak first. He asked anyone in the audience wishing to speak to the issue to step forward. Betty O'Shaughnessy, 1000 Hesse Farm Road, Chaska, stated that she is one of the partners of the Shakopee 500 Partnership. She stated their partnership owns 535 acres at the front door to Shakopee as you enter from the east. She stated their land and that of their neighbors has a rural flavor primarily because access has been difficult. She stated the new bridge, Minutes of the Page -4 Shakopee Planning Commi cion April 22, 1993 the bypass, and the other road improvement projects will change the character of the area. She stated they are hoping to work with the Planning Commission, the City Staff, and eventually the City Council and the Mayor to make the entrance to the City of Shakopee one they can all be proud of. She stated last month at the meeting they started looking at the planning of the area and brought up some issues that concerned them. She stated her partners and the professionals who are working on the Shakopee 500 parcel have spent some time and looked at those issues and they would like the opportunity to discuss and address some of those issues. She stated Dick Kopy would be speaking for them. Dick Kopy, President of ROK Associates, Hopkins Minnesota, discussed some of the concerns that were brought up by the Planning Commission at the March 25th meeting. He referred to the letter that each of the Commissioners received a copy of. He referred to the Park Land issue. He stated within the 535 acre parcel they are looking at slightly over 50 acres of park land. He stated in reference to the 7-8 million dollars in tax revenue they originally proposed, they realize that tax revenue isn't going to all come back to the City. But, of the approximate 1 million dollars that would come back to the City, it's their feeling that the service that would be needed in the area could be justified based on that additional tax revenue that the City would gain from that developed property. Referring to the public schools issue, he stated that the single family residential homes that they are proposing would be in the Shakopee school district and they feel this would be a positive addition to the school system, not something that would be a burden to the school district of Shakopee. He stated that they understand Shakopee has a strong downtown that the community would want to enhance and not detract from. He stated they understand that the gateway position of the 535 some acres where they are projecting retail use could detract from the downtown area. He stated two things they would like to point out from their position is, number 1, the distance between the gateway entrance to Shakopee on the east and north corners of the city is a significant distance from their downtown area. That certainly would have some factors when you think about the people that are traveling from north of the river going south, towards the Prior Lake area, towards the southern part of Shakopee, toward Savage, that are going to pass through the City of Shakopee. He stated they believe that pass through traffic could be captured on the northeastern part of the City without detracting from the commercial and retail uses in the downtown area . He stated the second comment is that they are dealing with a relatively unpopulated area in terms of development in the northeast corner of the city. He stated it's their feeling that Shakopee now has a chance to form a comprehensive planning Minutes of the Page- 5 Shakopee Planning Commission April 22, 1993 document that will give the City of Shakopee a new image because a tremendous volume of traffic is going to come through this corridor. He stated the 535 acres plus the surrounding land is going to serve to a significant degree, to the image of Shakopee. They have it within their hands as members of the community to form the image of the East Dean Lake residential area. He stated he would like to point out that a conscientious planning decision has been made to show residential property to the west perimeter, and adjacent to the other lake residential areas. They further believe that with the 150, 000-300, 000 dollar types of homes that are expected to be developed on that property, they are not going to be a negative factor towards building property values in the City of Shakopee, but a positive factor. He stated that they would like the Commissioners to consider their land use plan similar to alternative No. 2 and adopt that as their position and pass it on to the City Council so the City of Shakopee can take a strong position with the metropolitan officials in terms of what happens to that portion of the community. Chrmn. Joos asked if there were any questions for Mr. Kopy. There were none. Vicki King, 1723 CR 18 , asked for clarification on the diagram concerning CR 16 . The City Planner clarified things for Ms. King. Ms. King also wanted clarification on the school district line and asked if that had been changed. The City Planner clarified on the maps the school district lines for Burnsville and Shakopee. Barbara Booth, 1746 CR 18 , stated concern about existing 18 . She stated on the maps there is a little area south of the high lines abutting the current residential properties that they would like to make either commercial or industrial when the area north of the high lines was changed from rural to light industry. She stated the current City Council promised them that the dividing line between residential and industrial would be the high lines and because of the fact that they are now proposing that the high line will be a buffer zone, it would make sense to extend the residential area up to that buffer zone. Otherwise, the last home there on existing 18 is going to be faced with heavy commercial or industrial land right next to them. She stated if they extend that just another lot up to the power lines, they would then have that buffer zone. Minutes of the Page - 6 Shakopee Planning Commission Apri122, 1993 Jon Albinson, Valley Green Business Park, stated that in 1988- 89 he was part of the process of the Citizens Committee for updating the Comprehensive Plan and at that time there was a lot of attention paid to the bypass on the east side of town developing into the City of Shakopee's new front door. He stated Mr. Kopy also addressed the same concept. He stated at that time the particular parcel had been somewhat suggested to be restudied in 1995, so when they talked about a front door they talked about the area that's owned by Valley Green Business Park east of 83 . He stated at that time it was considered to be a quasi front door. He stated with the Shakopee 500 plan, he would become more of a side door and they would be the front door. He stated they are in agreement with what the Shakopee 500 group is planning. He stated as far as the school district issue, he suggests they run not walk to Burnsville and get that line amended because they don't want to see the school portion of the increased tax base going to Burnsville. Referring to the RTD, Mr. Albinson stated that he would suggest the northwest quadrant be changed back to B-1 from RTD. He feels B-1 would still provide for a good buffer to the RTD and would give that more opportunity to be developed. Chrmn. Joos asked if there were any questions for Mr. Albinson. Comm. Christensen asked Mr. Albinson how much property is developed or is to be developed. She questioned if they were saturated or need more commercial/industrial land. Mr. Albinson stated it is a difficult question to answer because it depends how you define the business park area. He stated historically it's defined as an area of 2200 acres that was put together in the early 60's. Of that there is 1000 acres left. That 1000 acres is 100 and some acres of B-1, 60- 70 acres of RTD, 200 acres of I-2 , 180 acres of Shoreland, and 300 and some acres of I-1 . Of the 1000 acres they have left to develop, they wonder if there is enough I-1 or I-2 or commercial. He stated the B-1 they have doesn't lend itself to retail development. He stated CR 17 and the Shakopee 500 land is an excellent location for retail. Chrmn. Joos asked Mr. Albinson which proposal he favored. Mr. Albinson stated he looks at Alternative 1 as the existing conditions so he doesn't consider that an alternative. He stated from a CDC standpoint, he feels Alternative 2 is in the best interest of the City. Minutes of the Page-7 Shakopee Planning Commission April 22, 1993 Comm. Zak suggested that as soon as possible they need to get Burnsville, Eagan, and Savage out of the picture as far as the school district goes. Comm. Christensen stated she also seconds that concern. Chrmn. Joos stated before they get to those issues he would like to finish with the public testimony. Chrmn. Joos asked if anyone else would like to step forward and speak to the issue. Ms. King stated that she would hope that the Planning Commission would be looking at anything south of the power lines along existing 18 in alignment with the existing residential property should be kept as residential . She would also like the area marked 43 acres to be a buffer zone with some sort of park land or something. The City Planner referred to the maps on the wall and gave a presentation explaining the concerns that were being raised by Ms. King and others. Discussion was held about the concern that Comm. Zak raised with regard to the school district and getting Savage, Eagan, and Burnsville out of the picture. Comm. Christensen stated that she would like everyone to not loose sight of the downtown area. She stated she would like to remind everyone that Shakopee is unique and they need to keep that in mind especially where the downtown area is concerned. Comm. Spurrier stated that they do need to discuss it and should discuss with the City Council whether Shakopee is going to remain a free standing growth center, or become another ring in the metropolitan area. Comm. Spurrier also stated they need to do more number crunching to be sure that the funds will be there for the new services that will be needed if the area is developed. Comm. Zak stated that the change is coming and it is moving east. He stated he feels they can't stop it and their job is to keep an orderly rein on things and make sure the right information gets to the people who are in a position to make the decisions. Comm. Spurrier stated that he is not ready at this point to say that the downtown area is gone. He stated before the dramatic change in the community occurs, the community needs Minutes of the Page-8 Shakopee Planning Commission April 22, 1993 to know what's going to happen. Because of that, they need to guide it and have their say in what happens. Comm. Christensen stated that she would like to have staff provide the Commissioners with some of the history from other communities who went through this growth change. That might be helpful to them to find out what they liked about it and what they didn't like. She feels fewer mistakes could be made if they are more informed. Comm. Christensen stated that she will continue to fight for downtown. Comm. Zak stated that they do not want one part of the City to die because of new development in another. He stated it all needs to work and compliment each other. He stated since the change is inevitable, it's their job to help plan and guide it in the best possible way. Comm. Christensen stated she feels they need to review the Comprehensive Plan so that they're not having to change the Comprehensive Plan every time someone wants to come before the Planning Commission with something. Chrmn. Joos asked the City Planner if there was a way they could review the Comprehensive Plan since the original plan has not been approved yet. The City Planner gave a presentation referring to the maps. Chrmn. Joos stated it is a public hearing and asked if anyone in the audience would like to speak to the issue. Mr. Albinson stated that they will never know what the impacts will be until it happens. He stated everyone has different ideas on what the impact will be and all those ideas are just educated guesses at best. He stated they are all concerned about the downtown area and want to see it thrive. Mr. Albinson stated that the CDC would like to have a joint meeting with just the Planning Commission and not meet with the City Council on this subject just yet. Comm. Mars stated that he feels that they can guide the impact. He stated the growth will occur whether they plan or not and so it would be in their best interest to have an impact on the planning process and help balance the old with the new. Chrmn. Mars stated that although the race track didn't go the way it was planned, they did protect the land and can now go and open it up slowly and guide things in that area to go the way they want. Minutes of the Page- 9 Shakopee Planning Commission April 22, 1993 Comm. Spurrier stated that maybe since Chrmn. Joos was a past member of the CDC, that he could enlighten the audience as to what the CDC stands for and what their role is. Chrmn. Mars stated the CDC stands for the Community Development Commission. He stated it is designed to help the business community of Shakopee. Comm. Spurrier asked if the members are appointed. Comm. Mars stated that the members are appointed and there are now 7 members. Chrmn. Joos asked if anyone else would like to address the Planning Commission on the issue. There was no response. Chrmn. Joos stated that the school district issue needs to be resolved and also the downtown issue. Chrmn. Joos asked for the City Planner's help in getting a meeting date set between the Planning Commission and the CDC. A continued public hearing meeting was set for May 13th for the Planning Commission to meet with the CDC. Chrmn. Joos again asked if anyone in the audience would like to come forward and speak to the issue. There was no response. Motion: Comm. Christensen/Zak moved to continue the public hearing to May 13 , 1993 . Chrmn. Joos asked for any discussion. There was none. Vote: Motion carried unanimously and the public hearing will be continued to the 13th of May. Comm. Zak stated that he would like to recommend that the video tapes of the meetings be kept for a week so that if a Commissioner misses a meeting, he or she may view the video tape. V. ADJOURNMENT The meeting adjourned at 9 : 30 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Adj . Regular Session Shakopee, Minnesota May 13, 1993 MEMBERS PRESENT: Madigan, Mars, Spurrier, Christensen MEMBERS ABSENT: Kelly, Joos, Zak STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Nancy Deziel, Recording Secretary I. ROLL CALL Vice Chrmn. Mars called the meeting to order at 7: 30 p.m. The roll call was taken as noted above. II. INTRODUCTION OF COMMUNITY DEVELOPMENT COMMISSION MEMBERS The members of the Community Development Commission introduced themselves as follows: Mr. Cole VanHorn, Mr. Charles Brandmire, Mr. Mark Miller, and Mr. Jon Albinson. III. APPROVAL OF AGENDA Agenda Items Number 5 and 6 were changed around so that No. 6, the Conditional Use Permit for Dangerfield's Restaurant became Agenda Item No. 5; and No. 5, the continued public hearing to consider an amendment to the Comprehensive Plan regarding proposed changes to the 2010 Land Use Plan became Agenda Item No. 6. The agenda was approved as amended. IV. RECOGNITION OF INTERESTED CITIZENS Vice Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. CONDITIONAL USE PERMIT: TO CONTINUE DISCUSSION ON AN APPLICATION FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A DECK WITHIN THE FLOODPLAIN DISTRICT. The Assistant Planner stated that at the May 6, 1993 , meeting, the application for a Conditional Use Permit from Dangerfield's Restaurant to construct a deck within the Floodplain District was tabled to the May 13 , 1993 , meeting to allow time for the applicant to submit additional information regarding the design of the deck. The applicant is not proposing a roof over the deck, but a trellis to support a mosquito netting that could be rolled down to cover the deck area. A trellis is not considered a roof structure. Minutes of the Page - 2 Shakopee Planning Commission May 13, 1993 She stated that staff is recommending that, if the Conditional Use Permit is approved, the following recommended conditions should be applied to the permit: 1. The site shall be platted through the Subdivision Process in order to consolidate the properties and clarify the boundaries. 2 . The deck shall be designed by a licensed engineer, and must comply with State Building Code Chapter 1335 regarding flood proofing. 3 . The deck shall not become enclosed by a roof or walls. 4 . The owner shall restrict the access to and from the exterior of the deck by constructing a gate and informing the patrons that no alcoholic beverages are permitted to be taken off the deck. Vice Chrmn. Mars asked if there were any questions of the staff by the Commissioners. Comm. Spurrier suggested that Condition No. 3 be amended to say the deck shall not become enclosed by a roof or walls without variance from the current code. Comm. Christensen stated that in The Board of Adjustment And Appeals, there is a resolution where there was some condition having to do with enclosing it with a screen and asked if passing this would be in conflict with the resolution that was passed by The Board of Adjustment And Appeals. The City Planner stated that in staff's opinion, it would not. Vice Chrmn. Mars asked Mr. Krass if he would like to address the Commission. Mr. Rod Krass, representing Dangerfield's Restaurant, stated that he has no problem with the proposed amended recommended conditions except that he would like to amend Condition No. 1 to state that the site shall be platted through the Subdivision Process or consolidated through court order. Vice Chrmn. Mars asked if there was any further questions of Mr. Krass. There were none. Motion: Comm. Spurrier/Christensen moved to offer Resolution No. PC-658, subject to the four recommended conditions. Vote: Motion carried unanimously. Minutes of the Page - 3 Shakopee Planning Commission May 13, 1993 Motion: Comm. Christensen/Spurrier moved to amend Condition No. 1 to add, "the site shall be platted through the Subdivision Process or consolidated through court order" . Vote: Motion carried unanimously. VI. PUBLIC HEARING CONTINUED: TO CONSIDER AN AMENDMENT TO THE COMPREHENSIVE PLAN REGARDING PROPOSED CHANGES TO THE 2010 LAND USE PLAN - A JOINT DISCUSSION ON THE PROPOSED AMENDMENTS BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND THE PLANNING COMMISSION. Mr. John Albinson stated that he would step down as Vice Chairman of the CDC and turned the responsibility over to Mr. Mark Miller. Mr. Albinson stated that he does represent the interest of the City but if at some point in the discussion it would represent the interest of the firm he works for he would like to avoid a conflict of interest. The City Planner stated that this is the Planning Commission's third meeting on this issue. He stated some points of reference available for discussion are the maps on the walls. The City Planner stated that previously the Planning Commission discussed whether or not Shakopee would remain a free standing growth center or be a part of the ring in the Metropolitan Council. He stated that is an important topic for tonight's discussion as well. Discussion was held about the school district issue. The City Planner stated that City Staff would be meeting with school officials in the future. The City Planner shared some of the information he learned from other communities and City Planners, particularly, the City Planner of Eden Prairie was very helpful because he has been the City Planner of Eden Prairie for 20 years. Discussion was held about the need to preserve the downtown area. Motion: Comm. Madigan/Christensen moved to continue the public hearing to the June 3 , 1993 meeting. Vote: Motion carried unanimously. VII. ADJOURNMENT The meeting adjourned at 10: 00 p.m. 6 MEMO TO: Shakopee Planning Commission FROM: Lindberg S. Ekola, City Planner RE: Proposed Land Use Plan Alternatives East Shakopee Area Transportation Study Comprehensive Sewer Plan 1990 - 2010 Shakopee Comprehensive Plan DATE: March 19 , 1993 INTRODUCTION: In order to complete the planning process for the East Shakopee Area Transportation Study and the Comprehensive Sewer Plan, a revised Land Use Plan must be developed. With the construction of the regional transportation projects, several new development pressures are facing the City of Shakopee. A major policy decision from a land use perspective is needed to guide the growth of the community. It will become increasingly important for the City to take a lead role in developing land use plans prior to the completion of the regional transportation systems. The East Dean Lake area, in particular, will become increasing attractive to the development community with the construction of the new CSAH 18 . Three alternative land use plans have been prepared to initiate discussions on these major land use issues. These alternative plans will cover the areas included within the East Shakopee Area Transportation Study only. Exhibit A illustrates the study area boundaries. BACKGROUND: Regional Transportation Proiects Construction Schedules The following table summarizes the current construction schedules for the two regional transportation facilities: Bloomington Ferry Bridge Stage Items Construction Dates 1 Grading Approaches, August 91 - September 93 River Spans 2A South Approach Spans July 92 - November 94 2B North Approach Spans March 93 - November 94 3 W. 108th Street March 93 - November 94 4 TH 101 Interchange March 93 - November 94 5 Scott County Rd. 18 March 93 - November 94 Interchange . - - - _ Shakopee Bypass Stage Items Construction Dates 1A Railroad Bridge October 90 - June 92 1B TH 101 Interchange August 91 - June 93 2A County Rd. Bridges September 92 - October 93 2B County Rd. Bridges June 93 - November 94 3 East Roadway September 93 - September 95 4 West Roadway April 94 - November 95 Metropolitan Urban Service Area (MUSA) Exhibit B illustrates the location of the existing MUSA line in the study area. In 1986, the City submitted a comprehensive plan amendment to the Metropolitan Council to expand sewer service on the east side of the industrial park and north of the Bypass. The Metropolitan Council approved the expansion of 308 acres (in areas referred to as #15, Y and #66 on the 1980 Comprehensive Sewer Plan) and placed the remaining area north of the Bypass to the eastern City limits in a moratorium category. The moratorium area as shown on Exhibit B can be provided sewer service only after it can be demonstrated that there is a need to expand the sewer service area. Development Constraints Exhibit C illustrates the development constraints confronting properties in the study area. Some of the major constraints include wetlands, limited access highways, major utilities and easements, large land parcels, and the bisecting railroad. These development constraints will create a variety of limitations on the development of the vacant properties in the study area. Land Ownership Exhibit D illustrates the existing land ownership patterns in the study area. There are numerous large parcels within the study area which are either vacant of underdeveloped. The Metropolitan Waste Control Commission (MWCC) owns 580 acres south of CR 16 and east of CR 83 . This large parcel of property is outside the study area. Since the MWCC no longer needs the property for a sludge application site, it is proposing to sell the property. Due to its size and location, the future development of the property could have a tremendous impact on the development of land within the study area. Projected Growth Summary The 1990 Comprehensive Plan prepared by BRW listed the following acreage needed to accommodate projected growth through the year 2010: Acres Absorbed Acres Absorbed Total Land Use 1990 - 2000 2000 - 2010 Acr Single Family 432 Acres 532 Acres 964 Acres Residential Mid-Density 80 28 108 Residential High Density 5 0 5 Residential Commercial 65 75 140 Industrial 40 55 95 Business Park 0 0 0 Racetrack 90 135 225 Park 15 0 15 727 Acres 825 Acres 1,552 Acres Source: Table 24 pages 24.9 to 24.11 Draft 1990 - 2010 Comprehensive Plan These projections were based on the following population, household, and employment projections: 1990 2000 2010 Population 12,500 16,630 20,000 Households 4,300 5,880 7,575 Employment 8,440 10,900 14,000 Source: Tables 3 and 4 pages 3.8 and 3.9 Draft 1990 - 2010 Comprehensive Plan Following the 1990 Census, the Metropolitan Council revised their projections for populations, households, and employment as follows: 1990 2000 2010 2020 Population 11,739 16,800 22,100 29,500 Households 4,163 6,150 8,650 12,300 Employment 8,500 11,700 13,600 14,100 Source: Metropolitan Council -June, 1992. At this time, the land use acreages needed to absorb the 20 year growth based on the revised projections have not been completed. Staff will continue to develop the updated projections for land use absorption. East Dean Lake Area The 1980 Comprehensive Plan guided the area around the Shakopee Bypass near the eastern edge of the City for light industrial land uses. Exhibit E illustrates the 1980 Land Use Plan. Corresponding with the light industrial land uses, the area has generally been zoned I-1 (light industrial) . Exhibit F illustrates the existing zoning patterns. With the development of the 1990 Comprehensive Plan, it was determined that the East Dean Lake area should be restudied by 1995 . Exhibit G is a copy of the Land Use Plan from the 1990 Comprehensive Plan as approved by the Committee of the Whole. Corresponding text from the 1990 plan is also provided with this exhibit. Racetrack District In 1986, the Racetrack District (RTD) was created for land within and adjacent to Canterbury Downs. The intent of the RTD was to create a quality environment to compliment the racetrack. Approximately 560 acres was rezoned to RTD as a means to implement the goals established in the Racetrack District Land Use Study. The community had expectations of tremendous growth occurring in the area as a result of the racetrack. Since 1986, the expectations of racetrack related development have not been reached. Attendance at the horse racing facility declined over the past six years and other gaming entertainment uses have been developed in the region. The 1993 horse racing season has apparently been canceled. A large majority of the parcels adjacent to the racetrack have not developed. There is approximately 180 acres of vacant RTD zoned land. The delays in the construction of the Shakopee Bypass have also limited development in the RTD. On March 2 , 1993, the Shakopee City Council directed staff to initiate a process to reconsider the zoning in the RTD area. A revised land use plan should be the basis for any major rezonings of the RTD. High Density Residential Area South of 4th Avenue There is approximately 140 acres of Multi-Family Residential (R-4) zoned land west of the RTD. The area has been designated for high density residential uses since the 1980 Comprehensive Plan. The majority of the area is owned by three land owners. The City has received numerous inquiries on the R-4 parcels in this area. The developers have expressed an interest in developing single family uses on these properties . If the RTD area is reduced or deleted, coordination of compatible land uses and the transportation system need to occur. DISCUSSION: Three basic land use plans have been prepared for the East Shakopee Transportation Study area. Alternative 1 represents the land use policies approved by the Committee of the Whole in the review of the 1990 Comprehensive Plan. It did not address land uses in the East Dean Lake area but recommended further study by 1995 . This alternative land use plan represents a 20 year projection of land areas needed for urbanized development. Areas designated as Agricultural (A) or Rural Residential (RR) would not be served with sewers. Alternatives 2 and 3 represent two different land use strategies, each of which would allow a mix of uses in the East Dean Lake Area. The land use plans represent an ultimate or end use plan perspective. The timing in which these land use scenarios could be implemented needs additional research beyond this memo. The following is a summary description of each of the alternatives: Alternative 1 - "West to East" ▪ Exhibit H illustrates this alternative. • Growth is focused on the CR 17/Shakopee Bypass interchange. ▪ Growth would travel in a west to east pattern generally. • Does not incorporate the revised projections from the Metropolitan Council . m A total of 1, 552 acres is needed for urban development by the year 2010. Alternative 2 - "East to West" ▪ Exhibit I illustrates this alternative land use plan. ▪ Reflects desired land uses as proposed by area property owners or assumed by staff . • New growth would focus on the new CSAH 18/Bypass interchange. • No time frame or phasing schedule has been indicated by the land owners. Alternative 3 - "Shared Growth" • Exhibit J illustrates this alternative land use plan. • This alternative represents a shared growth pattern for future development adjacent to both major Bypass intersections. • Emphasizes the protection of wetlands south of the bypass and east of Deans Lake. ▪ Reduces amount of commercial development in the CSAH 18 interchange area. • Reduces heavy commercial uses along CR 16. • Reduces the RTD area on both the north and south sides. ▪ Encourages business park development southwest of the Racetrack and along CR 16. • Proposes to reduce the amount of high density residential land uses south of 4th Avenue near the Knights of Columbus and propose a mix of single family, mid-density and high-density uses. • Removes single family residential land uses south of 13th Avenue along the eastern City limits and replaces it with heavy commercial. Exhibit K compares the land acreage involved with each alternative land use plan. The following is a brief comparison of the three alternative land use plans: Pros Cons Alternative 1 1. Focuses City investments 1.Does not resolve the CSAH 18 ramp issue. "West to East" in infrastructure closest to the existing systems. 2. Does not address "East to West" development pressures. Alternative 2 1. Maximizes development of land 1. Absorbs all of the 20 year commercial "East to West" for property tax. growth for the City. 2. Creates a larger commercial 2. Requires large investment in new center which could draw from a infrastructure in area not currently larger regional area. served by urban services. 3. Could resolve the CSAH 18 ramp 3. Requires a large reduction or trade of issue. commercial development in the core area. Alternative 3 1. Distributes urban growth in the 1. Requires reduction in commercial "Shared Growth" City. development from both interchange areas. 2. Recognizes significant wetlands 2.Requires City services to a larger area. areas as required by state law. 3. Could resolve the CSAH 18 ramp issue. Any urbanized development south of the Shakopee Bypass, except for those properties within the MUSA at the CR 17 interchange, will require a MUSA expansion. At this time the Metropolitan Council is not reviewing post 2000 year MUSA expansion requests. The Metropolitan Council is updating its policy on growth, the Metropolitan Development and Investment Framework (MDIF) . It is scheduled to be completed by the end of 1993 . A new policy on post 2000 year MUSA expansions will be developed after the MDIF is completed. The majority of the growth to the year 2000, based upon the BRW projections, can be accommodated within the existing MUSA. Unfortunately, the 1990 Comprehensive Plan did not provide a detailed vacant land inventory. This vacant land inventory could provide a base from which to measure development growth patterns. Absorption rates could then be compared to previous projections. Alternatives 2 and 3 represent the ultimate or end use plans and do not have specific time frames established for the completed build out. Since the sewer plan considers a 50 year time frame at a minimum and the transportation improvements should be also planned for a longer time frame, the need to prepare land use plans recognizing these longer time frames should be made prior to the completion of the East Shakopee Area Transportation Study and the Comprehensive Sewer Plan. ALTERNATIVES: 1. Recommend land use plan alternative #1. 2 . Recommend land use plan alternative #2 . 3 . Recommend land use plan alternative #3 . 4 . Provide specific changes to the land use plans and recommend a composite land use plan. 5. Continue the public hearing and request additional information from staff and/or property owners. ACTION REQUESTED: Review and discuss the three alternative land use plans and the supplementary information. Forward a recommendation to the City Council on one land use plan. EXHIBIT K LAND ABSORPTION COMPARISON Land Use Alternative 1` Alternative 2= Alternative 33 RR 0.0 0.0 90.0 .2 du/ac SFR 964.0 365.7 170.0 2.5 du/ac MFR 113.0 79.0 60.0 6.0 du/ac C 140.0 144.4 60.0 I 320.0 199.3 70.0 Open Space NA NA 330.0 Park 15.0 0.0 10.0 1,552.0 Acres 788.4 Acres 790.0 Acres 1BRW Comp Plan 20 year growth projected Table 24 2Shakopee 500 proposal. 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J.:1 ..3..... : - . • . - 1 - • . • . ..• ..i . . • . .. - • •• . . .• • • . . - • . •• The City will work with the landowners east of Dean Lake to arrive at a I mutually satisfactory master plan for that land by 1995 which: (a) responds to market forces, (b) presents an attractive appearance from the TN 101 - Bypass, (c) protects the lake, wetlands, and creek (d) lends itself to \ affordable construction of roads, sanitary sewer service, and water ser- \ vice. Both residential and non-residential development will be pursued in \ / 1 this area. r P \ / 1 1 Os \\ O9 f 1401,1 `��� _�`,..r-- `J • I ,--- ____)‘------ . '". ..) Tos-s":"7.4.1':-. ---:---3 ..-----‘( 1 Ds -"--,_-____&:"-t-11-„_ v,../ 1, JLC I}toajl 1 \\\ I i - f,rc .ae�J t"D--� f \. I I JINST"e /•••••,----- . `Cs-,=,l yZJr-' \S.`�� sh, r I j-�1.JCU, J-- 0:1`iJi I . 11- ,-.....'.:S7-7.J 1 " l„{(ter I -i1 RUr1011 • ID I I fli J Lam. ^ •'» f 1• orFlca-,auanD.1\ ��\ l"I1 vu11�c c 11 Pea �—, 1 I ''`. /mm -) r •.••i-,J ��"=•�L . •,• . ell.. -�Jw�,,tl L11 ' ' II II •��---) 71- I Study Area I II /f Tie /r` 1\—J`_ Il ce-�C\1 Itoa ==CJI RT /iFr// 'en • I1 ^.0 �� ii...1 . _- -1 1 �__—ll.\\-)..-.:,-../,-,..,\ ✓ l LL-----� i( " "ql I 1 1 I 4 Ir' 1 �. ' ' I -a ! I , • \4 j I /+.ri i e 'JL— •JL . .,.. 1 1�.1.:.JL.—J�JIjMr' 'uoa. . �tv,t•�r HC �I / ' � /� 1 1Zci•;—1 r---1 11--- r . • ,F„ h I RT ( ))/ %v((1'. , ..'! .I �cJL--"-----0 _JI is I:. ; P�I� 1 ;l 1 , . I 1• '1._.i i. _ . i I U, i�'� �I RII ! :i _X41 c 04:: i' 1.a �I �� sre ;t acs irIll' 'P-% �. 1 I / ( c / (1 '' 1 : i. :: i� I`JI •'iFI "�1 sl --¢I�� �J �� • sre• J IcaI II /lir ' . 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C4 F-- ..: , ,, \m‘i .. I ce CO �"" ,, '� \\\�\ i��y���\��,� :• 'moi C� � n,,, Li..1 t ) \ , 1 ....1 .< (ii . 1/4,, -& , '.... i a - \ \ w. co 1 fit , r ,'I71 .17 d '.. • /AA 1 i4V-' . 'rr''t..' . . \‘Mill,\: \::..P,7:r.4:14.C7:c‘/‘:•1#:. III • \''''"\\\ " t 4g'ron um . ...,{----- ),,,,$,,, ...,:u :§ .::: „,.. ,..., , ... . ,, ,. , -, 'N\V"ILIWiiiir, PI , Ilia iii s MEMO TO: Shakopee Planning Commission FROM: Lindberg S. Ekola, City Planner RE: Staff Memo To Proposed Land Use Plan Alternatives East Shakopee Area Transportation Study Comprehensive Sewer Plan 1990 - 2010 Shakopee Comprehensive Plan DATE: April 15, 1993 INTRODUCTION: At the March 25, 1993 meeting, the Planning Commission continued the public hearing for the proposed amendment to the Shakopee Comprehensive Plan to April 22, 1993 . BACKGROUND: The Planning Commission held an in depth discussion on issues relating to the proposed land use plan alternatives at the March 25 meeting. Additional information on numerous items was requested by the Planning Commission. Exhibit A is a summary of the information items requested by the Planning Commission. DISCUSSION: The following discussion reviews the available information on items requested by the Planning Commission. At this time not all the information has been collected. Staff will continue to gather the information and provide it to the Planning Commission as it becomes available for this study. Parks How much park land will be needed? In order to determine the amount of park land needed, several assumptions and/or standards must be established. The following list identifies some of these assumptions and/or standards: 1. The Comprehensive Plan establishes a ratio of three acres of park land for each additional 1, 000 people. 2 . An assumption on the number of people per dwelling unit is needed to calculate total population. Based on the 1990 Census data, there are approximately 2 . 82 people per dwelling unit citywide. 3 . Assumptions on the density for single family and multi- family residential land uses need to be made. For purposes of this study it is assumed that there are 3 .5 dwelling units per acre (du/ac) for single family and 10 du/ac for multi-family residential uses. 4 . This park land estimate is for the east Dean Lake area only. The amount of residential uses varies among each of the three alternatives. The following table estimates the amount of park land needed for each alternative: ALTERNATIVE POPULATION ACRES OF PARK LAND 1 0 0 2 5 , 830 17 . 5 3 4 , 160 12 . 5 In addition to establishing the minimum standard of 3 acres of park land per 1, 000 population, the 1990 Comprehensive Plan established nine other park system standards. These standards impact the locations of future parks. These park standards are listed in Exhibit B. As noted at the last Planning Commission meeting, no park land was provided with Alternatives 1 or 2 . Alternative 2 did propose open spaces/buffers along the NSP transmission line. Alternative 3 proposed one park (approximately 10 acres) between the proposed commercial and residential land uses . A linear park along the east/west NSP transmission line is also proposed. In addition, several wetlands were proposed to be preserved as open spaces in Alternative 3 . Cost of Extending Services A copy of the previous Planning Commission memo on the East Shakopee Area Transportation Study has been forwarded to the Police and Fire Departments for comments . Staff will provide comments to the Planning Commission at the April 22nd meeting. Access to the Existing Sh000ing Mall The Planning Commission questioned if the proposed East Dean Lake area development would create competition for the existing commercial areas in the City, including the existing mall . The Planning Commission expressed concerns about access to the existing shopping mall, the Shakopee Town Square, with the construction of the Shakopee Bypass. With respect to the access concerns, staff has been working to develop a looped collector street connection from Vierling Drive around the west side of the mall and up to 10th Avenue. The looped collector street would provide an improved intersection with Hwy. 169 by relocating the existing TH 300 intersection. The existing TH 300 intersection is an extremely dangerous interchange, due to its sharp angle of intersection with TH 169 . Improving access to the existing mall could enhance the convenient access to this business area and may increase business opportunities for the existing mall . Construction of the looped collector street would also reduce neighborhood cut-thru traffic on 12th Avenue. The Planning Commission can consider recommending to the City Council advancing the construction of the looped collector street west of the existing mall in the street improvement process. Undoubtedly, the proposed commercial development in the east end would create additional competition for the existing commercial areas in the City. With an increased population base and improved regional transportation the commercial market base will also increase. Public School Services Informational materials on the three alternative land use plans have been sent to ISD 720 administrative staff for comment. Staff will bring some initial comments from the school district staff to the April 22 meeting. The East Dean Lake area could support a population base of approximately 4, 000 to 6, 000 people as proposed in Alternatives 2 or 3 . The Planning Commission expressed that the future population base may warrant additional school facilities in the study area. Staff will continue to coordinate planning efforts with the school district. Free Standing Growth Center vs Developing Area Comparable to the City's Comprehensive Plan, the Metropolitan Council has a similar long range planning document entitled, "The Metropolitan Development and Investment Frame Work" (MDIF) . Like a municipal comprehensive plan, the MDIF is used by the Metropolitan Council as a guide in their decision making processes. And again, like a comprehensive plan, the MDIF needs to be updated on a periodic basis to keep it current with the issues which the region is facing. The Metropolitan Council is now in the process of updating the MDIF and is scheduled to complete this effort by the end of 1993 . As a means to guide growth in the seven county metropolitan in an orderly way, the Metropolitan Council has divided the region into urban and rural service areas. Within the urban service area there are five geographic policy areas including the two metropolitan centers, regional business concentrations, the fully developed area, the developing area, and the eleven freestanding growth centers in the rural portion of the region. Please refer to Exhibit C for further information. The City of Shakopee has been defined as a freestanding growth center up to this point in time by the Metropolitan Council. As a freestanding growth center, Shakopee is a medium sized city with its own employment base, housing and many public services. The developing area of the outer ring suburbs, such as Burnsville, Savage, and Eden Prairie have recently encroached closer towards Shakopee. With the advancement of the urbanized or developing area, there have been discussions which would place Shakopee in part of the developing area. Although the City may wish to remain a freestanding growth center, urbanized growth will continue to surround the City over the next ten to twenty years . The Met Council will reestablish the boundaries of the various geographic policy areas in the MDIF update process . The benefit of becoming a part of the developing area may include more recognition and investment in the City by the Metropolitan Council and other state and regional agencies. Land Use Acreages Staff is preparing the land use acreage table for the study area. A copy of the table will be provided at the April Planning Commission meeting. MWCC Land The Metropolitan Waste Control Commission (MWCC) recently held a public hearing to review the sale of the 580 acre parcel east of CR 83 . The MWCC has not established an exact method or time frame to sell the property but it is anticipated that the property would be sold this summer. Environmental Review Requirements Exhibit D identifies the thresholds for mandatory environment review procedures for industrial, commercial and residential development. It is likely that the proposed East Dean Lake area development will exceed the thresholds resulting in at least one Environment Assessment Worksheet (EAW) being required. RTD Area Over the past several years the development community has wrestled with how to develop properties in the RTD area . Anticipated development adjacent to the racetrack has not occurred in the RTD. The projected development has been further limited by the delays in the construction of the Shakopee Bypass. Alternative 3 proposes to reduce the RTD from 560 acres to approximately 300 acres. The racetrack, Canterbury Inn and adjacent properties along Secretariat Drive and the forty acre area northeast of the track are proposed to remain in the RTD. The intent of this alternative is to retain a certain amount of land along CR 83 in the RTD. Retaining this land in a similar district can help protect the investments into the racetrack facility itself . The RTD allows a mix of commercial, light industrial, and recreational uses which would be compatible with the racetrack. Under Alternative 3 , several parcels along CR 16 would be redesignated to business park from RTD. The draft 1990 Comprehensive Plan identifies that the business park land use category is intended to provide locations for offices, office- showroom buildings, and certain light industrial activities which are aesthetically compatible with office development. The business park district will need to be further developed in the Zoning Ordinance update. Properties along 4th Avenue would be redesignated from racetrack- related to commercial, industrial and a mix of residential land uses on Alternative 3 . The industrial uses are proposed east of Shenandoah Drive. The commercial and residential uses are proposed west of Shenandoah Drive. CDC Review Staff has forwarded a copy of the previous Planning Commission memo to the CDC for their review and comment. The CDC will meet on April 21. Staff will provide the comments from the CDC at the April 22 Planning Commission meeting. Metropolitan Council The Metropolitan Council has been in opposition to the paving of the CSAH 18 ramps from the onset. The Metropolitan Council has taken this position because of the large traffic volume which would pass through a rural service area. (The East Dean Lake area is located in the rural service area. ) With the increased traffic volume comes pressures from the development community to capture the market opportunities. The "shoulder" of rural service area in Shakopee, surrounded on three sides by the urban service area, has become a major issue for the northeastern Scott County area. The regional policies for orderly growth established by the Metropolitan Council do not recognize the need transportation connections between urbanized areas through rural service areas. Developing policies for these unique rural service areas is a difficult and complicated task. Residents From Boiling Springs/Muhlenhardt Road Neighborhoods Some of the residents of these two areas expressed their desire to maintain the rural residential character of these areas in the Comprehensive Plan public hearing process. Staff will contact spokespeople for these two neighborhoods and invite them to the April 22 meeting. Industrial Land Uses At the March 25 meeting, the Planning Commission requested that the industrial land uses adjacent to the existing rural residential uses west of the existing CR 18, be designated residential. Alternative 3 proposes to do this by separating the industrial land uses from the rural residential land uses with the collector street which would connect CSAH 18 with CR 18 . Please refer to Exhibit E. Projected Growth Rates The Planning Commission requested that projected growth rates for the City of Shakopee be compared to Savage, Prior Lake, and Scott County. Exhibit F provides the population projection comparison. Growth Patterns Between the Existing Downtown and the East End The Planning Commission questioned what will happen between the existing downtown hub and the proposed east end development. The CR 83 corridor, extending through the center of the City, represents another future growth area for Shakopee. With the recent casino development traffic volumes on CR 83 have increased significantly. In addition, "The Wilds" proposal (a golf course, destination resort/conference center, commercial and residential uses, etc. ) in the City of Prior Lake will encourage additional traffic in the CR 83 corridor. There likely will be increased development pressures along CR 83 in the City of Shakopee as a result of the increased traffic volumes . The 1990 - 2010 Shakopee Comprehensive Plan is intended to serve as a guide in the development decision making process . A variety of plans such as the East Shakopee Area Transportation Study are being developed to provide further guidance for the City's physical development so that better decisions can be made. Overall Impact on the Community Growth from the east via I-35, Burnsville, and Savage, will continue to march toward the City of Shakopee. Development pressures will also continue to approach the City from the north through Eden Prairie and Bloomington via the Bloomington Ferry Bridge. Staff views the increasing development pressures as a major challenge for the City of Shakopee. The purpose of developing long range planning studies is to better address the development issues before they confront the City in the form of a rezoning request or subdivision plat application. Due to the magnitude of this planning effort, staff would anticipate that there will need to be several meetings held to more fully discuss the issues and alternatives . The Planning Commission appropriately asked the basic question, "What will be the overall impact on the community?" Staff would suggest that the Planning Commission further review and discuss the advantages and disadvantages of each alternative land use plan. From this discussion the range of impacts may be more fully identified. ALTERNATIVES: 1 . Recommend land use plan alternative #1 . 2 . Recommend land use plan alternative #2 . • • 3 . Recommend land use plan alternative #3 . 4 . Provide specific changes to the land use plans and recommend a composite land use plan. 5. Continue the public hearing and request additional information from staff and/or property owners. ACTION REQUESTED: 1. Open the continued public hearing. 2. Review and discuss the additional information and the three alternative land use plans. 3 . Forward a recommendation to the City Council on one land use plan or direct staff to gather additional information and continue the public hearing. -) EXHIBIT A PLANNING COMMISSION REQUESTS ADDITIONAL INFORMATION EAST SHAKOPEE AREA TRANSPORTATION STUDY March 25, 1993 1. Parks How much park land will be needed? ▪ What population base will occur in the East Dean Lake area? 2 . Costs of extending services to the East Dean Lake area. Police • Fire • Ambulance 3. Access to the existing shopping mall. • • Access from Hwy. 169 and the TH 101 Bypass. • Will the East Dean Lake development create competition with the existing commercial areas in the City? What will be the impacts? 4 . Public School Services ▪ There will likely be a large enough population base for at least an elementary school in the East Dean Lake area. • Contact School Board • Can ISD 720 afford a new elementary school? ▪ Share proposed land use plans with ISD 720 . 5 . Free standing growth center verses a fourth ring suburb. ▪ Which do we want to be? • How are we defined by the Metropolitan Council? ▪ How will we be defined in the future? m List the pros and cons of freestanding verses fourth ring suburb. 6 . Land use acreage data. ▪ List the acres of each land use area on each alternative land use plan. 7 . MWCC Land ▪ Is the 580 acre parcel actively being marketed? • Where is it in the sale process? 8 . Environmental review of the alternative land use plans. m What will be required? 9 . RTD Area ▪ Development of the RTD zoning district may have been overly protective. ▪ Will the Zoning Ordinance update reduce the RTD district? 10. CDC review ▪ What is the CDC's position on the alternative land use plans? 11. Metropolitan Council Invite them into the planning process and attend a Planning Commission meeting. ▪ What is their position on the proposed alternative land use plans and possible MUSA expansions? 12 Residents in the Boiling Springs neighborhood. • What are their thoughts and concerns on each of the proposed alternative land use plans? 13 . Residents of Muhlenhardt Road area. ▪ What are their thoughts and concerns on each land use plan alternative? 14 . Industrial Land Uses proposed east of CSAH 18 . ▪ Adjacent to rural residential uses. • Consider different land uses for this area. 15. Projected growth rates. • Compare the City of Shakopee with Savage, Prior Lake and Scott County. ▪ Comments in the media questioning high growth rates were made by various local officials. The comments seem to indicate that growth will not occur as fast as identified by private land owners. 16 . Growth patterns. 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C xrr 4fn0 c o tr, c 1; c •r41 $.1 r r 0 0 •- •-1 ri O .0 C 0 r 3 4 0 r-1 .0 3.4 1.1 UI 0 3 .0 r-1 N •r•i .0 .0 '0 CI 4) CL cn U r C .[ )4 Cr r UI U) co UI 1; O •r{ 0 N C "-4 0 V .0 0 0 • 0 Uf t0 0 0 > •-{ N 0 0 4) 0 .11 -4.1 1; 4.1 x 0 CL x 41 r 41 4-1 0 •-1 C:. r en 0 .0 r 1 1; 0 14 0 .0 0 4-1 >+--1 0 U TS •P 0 /f CS 0 �+ r 0 O O c U •-1 41 r r•-1 0 1t 1; r-t a r 4-4 CL r F,-+ w CL 4 .CC u o > o•�°-+ > Z 1; 0 �G CTS r 0 1 • 0CVS; rCO3 ----/ • • o 0 .0 CLC r .6) 0 0 0 %0 N p C1 r-1 < E-) r 0 CL UI S3 1; 11 Et "'A.<-- 04 a EXHIBIT C The Strategy The :Metropolitan De'.elopment and Investment ( In addition, the strategy is to give the highest priori-. . Framework outlines the Council's basic strategy for ty for tax dollars to maintain and replace existing carefully managing the region's resources in a time facilities within the urban service area. This means of slowed growth. "Resources"means both regional that regional facilities should be well maintained so facilities—the regional highway, sewer, park, airport costly replacements can be postponed. It means pro- and solid waste management systems—and the tecting the facilities from being overused during their public dollars spent on them. lifespan. It means using the capacity in existing facilities before building new ones. But reconstruc- The basic strategy outlined in the framework calls tion of regional facilities will become important in for encouraging growth within an area where need- , the 1990s because many of them are nearing the end ed urban services are provided, and not providing I of their useful life. such services outside it. So the framework divides the region into urban and rural service areas. The This strategy responds to major trends that will "urban service area" receives regional facilities to affect the Metropolitan Area in future years. Probably support growth and strengthen older areas. For the most significant trend is an anticipated slowdown example,sewers linked to the region's system of treat- in the area's growth,especially when compared with ment plants are to be provided in the urban the population "baby boom"of the 1950s and 1960s. service area but not the rural. The same is true for The area is expected to grow only half as fast in the highway improvement_that serve new development. 1990s as it did in the 1980s. 0..._ •• ^- Jarilfr: A1`_ .-_ �.._� i 1`� te' s" ,„ - - - v♦‘‘S Fye ^ • - -i Tom._ z -._'-.. . _ - -- • - -- -- ,fir - -..---- . `_-" — - n. '~ - ` - = == _ - 1 i __ j...... - •4•• .- -' . _7 '-.e'-- x. '.,i _ --".77: The framework divides ti-e region into urban and rural se:ice area . The "urban iervice area" is provided with regional facilities,such as roads and sewers. • 1 M D IF SoMs.44t2tf . Marto Po Li-t C oUsvU L— . MO. Sou2a- • Geographic Policy Areas In addition to these general priorities, the framework The 11 freestanding growth centers in the rural por- establishes specific policies for different areas of the tion of the region represent an alternative to living region (see map).lh ithin the urban service area are in the larger, developed part of the region. They are five "geographic policy areas; defined as follows. medium-sized cities with their own employment base, housing and public services. The Council is The metro centers are the Minneapolis and St. Paul committed to providing regional facilities to downtown areas. The framework supports maintain- strengthen the older parts of these cities and to serve ing the metro centers as vital centers of economic new development that grows outward from existing activity and housing. it supports new development development. that requires high density, good accessibility and high levels of public services. Maintaining regional In the "rural service area," preserving agricultural facilities serving the metro centers is the highest land is a high priority.The Council says the best long- priority for public dollars. term use of much of the region's land is agriculture. The rural service area contains three policy areas. Regional business concentrations are clusters of economic development, like major shopping malls The commercial agricultural area consists of land and office centers along major highways. The that is certified by the local government as eligible framework supports the continued growth of these for the "agricultural preserves" program, and concentrations, including increased development zoned for densities no greater than one household densities in these areas. Maintaining regional per 40 acres. The agricultural preserves program facilities that serve regional business concentrations provides tax and other incentives for farmers to keep is the second priority. their land in long-term agricultural use. The fully developed area is the older, built-up por- The general rural use area is land outside the tion of the region. Because this area represents a urban service area that has a wide variety of uses, major regional investment in housing and infrastruc- including farms and low-density residential develop- ture, the framework calls for maintaining and ment. Facilities that mainly serve urban residents may upgrading development there. Maintaining and be located there, such as regional parks and low- replacing the regional facilities that serve this density housing. The Council does not support development takes priority over investing in facilities extending regional facilities into this area. to serve new development. Rural centers are 35 small cities that used to serve The developing area is made up of growing com- primarily as retail centers for surrounding agricultural munities in the urban service area that will receive areas, but now are home to many residents who most of the region's new development to the year work in the urban area and to many nonagricultural 2000. In this area, new development will be industries. The framework says these cities should supported with regional facilities in line with the pace development according to their ability to pro- Council's forecasts. vide their own urban services, without regional support. 2 GEOGRAPHIC POLICY AREAS • The Metropolitan Development and investment centration either becoming or replacing a metro Framework established policies for different center, based on the centers' uniqueness and geographic areas within the metropolitan urban and historical role in the region. rural services areas(see Figure 2.)These geographic policy areas are the setting in which the Council and The metro centers have the highest level of ac- local governments prepare and carry out their plans. cessibility by road and transit in the region, and The Metropolitan Council has different expectations because of their density and number of jobs, the for each of the areas that are reflected below as well greatest potential for new forms of transit. In addi- as throughout the remainder of the framework. In tion, internal circulation is facilitated by their relative- addition, elativeaddition, the Council has assigned different regional ly small size,together with the sidewalk system, and investment priorities to each of the areas. more recently, the network of skyways. Both Minneapolis and St. Paul downtowns have METROPOLITAN URBAN SERVICE AREA experienced a development boom over the past several years, much of it supported by some type of Metropolitan Centers public subsidy.Although some changes in the form and amount of public subsidy may well be in order, The metropolitan, or metro, centers consist of the due to the high-cost and time-consuming process of central business districts of Minneapolis and St. Paul. reusing land in the metro centers, the public sector They are the largest and most diverse activity centers does have a continuing role to play in helping deter- in the region and comprise the government and mine the economic future of the metro centers. financial centers for much of the upper midwest.The Council has defined the geographic boundaries of Despite all the recent new development, both metro the metro centers according to the U.S. Census centers still have depressed areas, particularly at their definition (see Appendix C). fringes; the incorporation of the Mississippi River frontage into the downtown proper still needs work The metro centers were the original focal points for in both cities; and even with the progress already development in the region. Their tangible made, the need for more housing for middle- and attributes—the mix of old and new, the grid pattern lower-income people requires continued attention. of streets, the intensity of development—are unique (These three issues were identified in the 1975 and are not likely to be reproduced elsewhere in the development framework.) same form and composition.The variety,accessibili- ty and stability of cultural and entertainment offer- Over the past few years, virtually all parts of the ings add greatly to their image. Local residents and Metropolitan Area have been subject to some air, people from outside the area often judge the noise and odor pollution; but this problem is poten- desirability of the Twin Cities Area by the appearance tially most severe in the downtowns and adjacent and vitality of these two downtown districts. The areas. Much of this can be attributed to the heavy Council does not foresee a regional business con- concentration of office buildings, industrial 500(ZC.E 1"tD1 N4 Cfr a Po Li -rAn1 GeV NG!L . 10 17 Development and Investment Frame«ork I Figure 2 GENERALIZED :_) C GEOGRAPHIC POLICY AREAS k ---, ._•_ i b IN Fully Developed Area .• ' ' . ..----,r''� Developing Area _-- I i o ____ . Freestanding Growth Centers -- \ - — e`er •=cr • _ AN KA _ Commercial Agricultural Area 4 - .V �ti e� 1 '1 _ General Rural Use Area s ��• �� • I i S _�_: - Sr , Li, - • C • 14 _i Oj Metropolitan Centers .y�, I 1 , f __ WASHING-CN © Regional Business - \% %! ► i E"' � Concentrations \\ • ��: l `r�= _:�-1414 ,�.,� - ' k. NERN ® Rural Centers E�. (Nrg1 _-. ,i..,...._,,.. ^'-_- ::Effrite14:'; ' 402'41 ., • 4%114,07M* . ,...._, -.... ....e.... ---- ..-.II 1, ici- -N.:,.. ..„,,3,.. ...„,..ro,..1_ ,. „. t. _.....:. .„... ..7„.„.7.20. ......z .._.1...s..,...., , 1 - , ......+1,w.. .. ,. ,g-.., - , ,Z.:- �'b`�\.. ofte t4fr ''� Pak. ` _ '..' 11111 . ..g.,% 1144-,1% 114r-iik, 'i -7,-,-.-41111 4..agal = ' ....„--%,--b.-.....„.--4‘. --w& -.4% ri _ i ' ....: ,/ rit,* 'IV-ft I V , - tr I i.L..\L ' ..L 4 I I I I%I 1 141414 I kill 1 kr%1 i 1 i LI ki ti s.6,i°F:4%b‘,I%s 4 tl 1 4 i 6.4 il I 1 14 I I I 4 I PI I 1 11°111%1 �� �,t�--.-.1 i O '• �- \ as ,,,„A` ,. _ - t \ u !111 41%1444444-.Nr4114' 1.-- ' Note:Areas are shown as of May. 1988. A precise location of the urban service area for am community is awai:aoie from the Metropolitan Council Data Centerr, 612 291-8140. The line between the developing area and the rural area is referred to as the metropolitan urban service area boundary. I - ._. .. _ I 18 buildings, automobiles, trucks and buses in and location of affordable housing within a reasonable around the downtowns. If the metro centers are to travel time is also an important consideration for af- be convenient places for people to work, shop, live fected communities. and be entertained, the environmental quality must be protected.The cities have taken action to reduce The concentrations generally have metropolitan critical levels of pollutants in the downtowns; highway access second only to that provided to the however; continued efforts are necessary to preserve metro centers. Transit service is typically minimal, the environmental quality of the metro centers. although the potential exists for utilizing a retail or employment center within a concentration as a focal The Council wants the two metro centers to be strong point for new transit routes or for developing a linear and diversified cores of the Metropolitan Area with concentration into a transit corridor. This could be a wide range of commercial, institutional, cultural, particularly important for health and social services, entertainment and high-density housing facilities. which often locate in or near a concentration and New development requiring a central location, high require good accessibility. accessibility (including a range of choice by mode and route), high service levels and high density are A problem shared by most of the concentrations is the most appropriate for the metropolitan centers. pedestrian access to and within concentrations.The Continued high-quality highway and transit ac- failure to provide for pedestrians results in people cessibility is essential.The two centers should be at- using automobiles for very short trips. tractive and continue to convey the"quality"image of this Metropolitan Area. Several of the regional business concentrations in the _,fully developed area need some redevelopment if they are to continue to function as major regional Regional Business Concentrations concentrations. Some of these areas are equipped • with metropolitan facilities and services that could Regional business concentrations are areas with a support additional development. The Council will large employment base and/or large sales volumes. support additional development in these areas. Since They contain diverse mixes of offices, hotels and the same problems cited for redevelopment of the motels, retail facilities and industry, and they con- metro centers pertain to these inner area concentra- stitute the most important concentrations of tions, albeit to a lesser degree, some public-private economic activity outside the metro centers. These pooling of resources may be the only way to upgrade concentrations are developed at a lower density and them. cover more territory than envisioned for the major diversified centers described in the 1975 The regional business concentrations vary con- Metropolitan Development Framework. They will be siderably in age, layout, physical condition, function, used in this document to replace the earlier concept ownership and development desirability.This docu- of the major diversified center (see Appendix O. ment does not include an in-depth analysis of each one. Local governments should undertake small-area The Council defined regional business concentra- studies as needed to determine how the concentra- tions as areas of contiguous business development tions function and to determine their facility and ser- with an employment of at least 10,000 persons and/or vice needs. In these studies, internal circulation and sales of at least$100 million. However, the Council regional highway and transit access and other essen- will continue to study major business locations in tial support services should be primary the region and, as discussed in the"Work Program" considerations. section of the framework, look at other potential criteria for defining the concentrations. The Council recognizes the regional business con- centrations as major centers of activity that are essen- The concentrations provide good locational choices tial to the economy of the region. It sees additional for businesses and industries that do not want or growth and increased densities as desirable, provid- need to go into the metro centers but still want good ed the changes are planned and coordinated with regional highway access, transit potential, in some the provision of supportive regional facilities and ser- cases railroad trackage and a regulatory environment vices. The Council will monitor business develop- appropriate for nonresidential land uses. Since the ment in the region on a regular basis to document concentrations can employ large numbers of additions to or changes in the concentrations. employees, many of them in lower-paying jobs, the 19 Development and Investment Framework Fully Developed Area The aging of regional facilities serving the fully developed area is another important consideration. The fully developed area is that part of the urban ser- There are high public costs to serving both existing vice area where the level of or need for maintenance, and new development. Metropolitan-level invest- upgrading, rehabilitation and redevelopment has sur- meet decisions over the next 15 years will very like- passed the level of new development. It is comprised ly require that choices be made between extending or those communities that were more than 85 per- regional systems into new areas and maintaining or cent developed at the end of 1984 and that are con- overhauling existing systems that are reaching the tiguous to one another. end of their functional or useful life. In order to pro- tect the resources and investments in the fully While a number of other, generally small corn- developed area, the Council must find ways to main- munities in the region meet the criteria of being 85 tain regional service levels to this area. percent developed, they are ail surrounded by developing areas. Consequently, although their The expansion of regional facilities to serve newly development characteristics are more similar to ful- developing areas may induce capacity problems in ly developed communities, their regional service the fully developed area, making it necessary to ex- characteristics tend to be comparable to those of pand or construct facilities in the fully developed developing communities. For investment priorities, area as well.This is particularly true of facilities such the Council will consider these communities as part as sewers and highways.The Council recognizes this of the developing area. interrelationship and will see that costs of facilities are fairly distributed on the basis of services provid- The fully developed area has a very large proportion ed. The Council views the fully developed area as of the region's total investment in housing,streets and the backbone of the Metropolitan Area,which must highways,public utilities and parks, and contains the be protected and upgraded on a continuing basis. most fully developed systems for the delivery of The investment already in place is too large to take social and governmental services. a chance on losing even a part of it through neglect and disinvestment. During the latter part of the 1970s and first half of the 1980s, confidence in the future of many of the developed area's older neighborhoods was restored, Developing Area and genuine progress was made in maintenance and upgrading. This has stemmed some of the outward The developing area is that portion of the region that flow of middle-and upper-income people from the is in the path of urban growth. In fact, most of the area. However, the need for continued efforts at im- residential growth in the Metropolitan Area to the provement remains. In many fully developed year 2000 will occur in this area. It includes the corn- suburbs, a significant portion of the housing stock munities beyond the fully developed area up to the was built within a short period following World War metropolitan urban service area boundary. The II and is now reaching the age where it requires more greatest asset of the developing area is its large sup- maintenance. Consequently, creative public-private ply of undeveloped land that is now or will be pro- cooperation will continue to have high priority in vided with metropolitan facilities and services need- the future. ed to support urban development. Because of the vast resources available in the fully Urban expansion in the developing area should be developed area, it is important to consider the planned, staged and generally contiguous to existing demographic profile of its communities. Minneapolis development. The Council urges communities to and St. Paul have long been known for their higher provide for the orderly extension of services by iden- numbers of single-person households of young tifying where and when they will provide land within adults and senior citizens, as well as female-headed their local urban service area with support facilities households. The same pattern is now emerging in needed to initiate urban development. The Coun- the region's older, more mature suburbs. This aging cil, in turn, will work with the metropolitan agen- of the suburban population has numerous implica- cies and the Minnesota Department of Transporta- tions for maintaining the housing stock, the school tion to provide metropolitan systems at the time, system, health and social services, and other local place and size needed to support growth based on services and facilities. The Council will take these regional forecasts. implications into consideration as it examines future investments in the fully developed area. Since most of the region's new housing construction f 20 Iwill takeP lace in this area,de.eloping communities employment base within the community that is large will need to provide a variety of housing types for enough to provide work for the local population. people of all ages and income groups. They are more than just residential communities in both location and their economic bases. The developing area has a generally adequate supply of the most essential facilities and services and All freestanding growth centers have central sanitary reasonably good highway access to most portions sewer and other services that enable them to serve of the Metropolitan Area. Cultural facilities, other an urban population. Services available include than education, are not well developed. Corn- sewer,water, schools and higher levels of police and munities could promote clustering of housing for fire protection. In addition,all communities provide target populations and social and cultural facilities at least full-convenience retail services and have a in locations with good access to meet special needs significant number of other kinds of employment op- and to facilitate the sharing of resources, expertise portunities available for their residents. and facilities. Freestanding growth centers often have a large con- Public transit is either unavailable or largely serves centration of elderly, many of whom moved there trips to and from work. The developing area is from the surrounding rural area.The centers are also definitely automobile oriented and, to the extent that the location for services and facilities for the elder- development occurs at low density, future public ly residing there and those remaining in the rural ser- transit prospects are not very good. vice area. The Council views the developing area as the place The Council considers the freestanding growth to build communities that combine the best of the centers as detached portions of the metropolitan ur- past with innovation and imagination about the ban service area. It wants the centers to prosper and future. Once the initial urban pattern is set, it is time grow and to serve as alternatives to living and work- consuming and costly to change it. The best possi- ing in the large central urban area. Consequently, ble job of planning and development to meet the Council supports housing maintenance and physical and social needs must be done at the outset. rehabilitation as well as the development of new af- The developing area offers that opportunity. fordable housing and housing that meets the needs of people at all stages of the life cycle. Because they are so similar to urban service area communities,and Freestanding Growth Centers because they also accommodate regional popula- tion and employment growth that might otherwise Freestanding growth centers are the larger urban occur in unserviced areas, the Council supports centers located within the rural portion of the seven- regional investments in these communities. However, county Metropolitan Area.They originated as outly- where additional land is needed to accommodate ing trade centers. Some include large areas of open growth, the communities should extend municipal land as a result of annexation of former townships. services in a staged, contiguous manner, consistent with their ability to provide such services. If the The Council has identified 11 communities as additional land is in an unincorporated area, freestanding growth centers.They range in size from annexation through an orderly annexation agreement Waconia, with a population of about 2,600, to the is the preferred alternative. Stillwater-Bayport-Oak Park Heights area with near- ly 19,000. The Council will redesignate any rural center when it meets the criteria for a freestanding METROPOLITAN URBAN SERVICE AREA growth center. (These criteria are included in a POLICIES separate appendix to this document.) See Appendix B, page 52. Metropolitan Centers Freestanding growth centers are similar to corn- 11. The Metropolitan Council supports the munities within the urban service area in that they maintenance of two strong metropolitan have a full range of services and thus are able to ac- centers and will support new developments re- commodate a full range of urban land uses. The quiring a central location, high accessibility, distinction, however, is that freestanding growth high service levels and high density as most ap- centers are physically separated from the larger ur- propriate for the metropolitan centers. ban area by undeveloped land. Also, they have an Maintenance of metropolitan systems serving 21 Development and Investment Framework the metro centers will receive the Council's RURAL SERVICE AREA highest investment priority. Commercial Agricultural Area Regional Business Concentrations The commercial agricultural area includes those 12.The Metropolitan Council supports continued lands certified by local governments as eligible for growth and increased densities in regional agricultural preserves under the 1980 Metropolitan business concentrations and will give invest- Agricultural Preserves Act. This approach places the ment priority second only to the metro centers responsibility for defining agricultural lands on local governments. With Council protection policies for for the maintenance of metropolitan systems serving the concentrations. commercial agriculture focused only in areas where there are local government plans and protections, local and regional policies support one another. Fully Developed Area The amount of land included in the commercial agricultural area is large, covering about 600,000 13.The Metropolitan Council supports the acres in 1985. This constitutes over half the farmland maintenance and upgrading of development and service facilities in the fully developed in the seven county area. area. Reinvestment for maintenance and The geographic area defined as the commercial replacement of metropolitan systems serving agricultural area is subject to frequent change when existing development in the fully developed area will take priority over investment for ex- tied to the Agricultural Preserves Act because land can go into and out of certification when local pansion in the developing area. governments decide to alter its status. Local govern- ments may replan and rezone certified areas if a Developing Area change in policy is desired, but this change must oc- cur as a public process. For the purposes of this docu- ment, the commercial agricultural area is defined as 14. Urban expansion in the developing area should the area certified as of March 1 of each year. This be planned, staged and generally contiguous date is the end of each Council reporting year re- to existing development. The Metropolitan Council will work with the metropolitan agen- quired under the Agricultural Preserves Act. cies and the Minnesota Department of Transportation to provide metropolitan systems Under the Agricultural Preserves Act, a local govern- at the time, place and size needed to support ment passes a resolution certifying land eligible for growth based on regional forecasts. protections and benefits and limiting housing den- sity to one unit per 40 acres. The certified area is 15.System investment to serve additional residen- then considered long-term agricultural land. The tial land beyond regional forecasts will receive local comprehensive plan and zoning ordinance must reflect this land use and zoning. Farmers own- a lower priority than system investment to serve ing land within the certified area may then enter the unanticipated economic development. program. Land in the program is referred to as covenanted land. The Agriculture Preserves Act pro- Freestanding Growth Centers vides protection for the farmer from urban assessments, property taxes at development value and conflicting land uses in exchange for a legal 1 6.The Metropolitan Council supports urban- density residential, commercial and industrial commitment to continue farming for at least eight development in freestanding growth centers. years. Since they are a microcosm of the Metropolitan Area, The Metropolitan Council will make in- Within the commercial agricultural area,all land has been certified by local governments as eligible for vestments in metropolitan systems serving the agriculture preserves program. However, the freestanding growth centers based on the ful- Council recognizes two levels of protection in the ly developed and developing area policies, as applicable. commercial agricultural area: primary and secondary protection areas. EXHIBIT D Mandatory EAW Category Mandatory BS category Exemption Industrial/Commercial/Institutional Facilities Note that projects of these types may also fit various other specfrc irdusyal categories or the categories for: air pollution, water appropriation and impoundments, ser earn diversion, wetlands and protected waters, agriculture and forestry, natural areas, historic places, mired commercal•residential,sports or entertainment facilities,or communication towers 4410.4300, subp. 14 4410.4400, subp. 11 4410.4600, subp. 10 A.Cautrucon of a new or expansion of an A.Ceosta:con of a new or expansion of an A.Construction of a new or expansion of an existing warehousing or light industrial existing warehousing or light industrial existing industrial, commercial, or institn- faelity equal to or in excess of the follow- facility equal to or in excess of the follow- tional facility of less than the following ing thresholds, expressed as gross floor ing thresholds, expressed as gross floor thresholds, expressed as gross floor space, space: space. provided that nopart of the development is 1. Unincorporated arra, I50,C00 sq. ft. 1. Unincorporated arca,375.00 sq. ft within a water-related land use management 2. Third or fourth class city,300,00 sq.ft 2.Third or fourth class dry,750,000 sq.ft dutac 3. Second class dry,4S0,CCO sq.ft. 3. Send class dry, 1,CCO,000 sq.ft 1.Third or fourth class dry or unincor- 4. First class city,600,00 sq. ft. 4. Fust class city, L 00,000 sq.ft. posted area,50,C00 sq. ft. (Local) (Local) 2. Second class dry.75,000 sq.ft. 3. First class city, 100,000 sq.ft.,if no part B.Construction of a new or expansion of an B.Consrucan of a new or expansion of an of the development is within a shoreland existing industrial, commercial, or instinr- existing industrial, ccrnmerdal, cr instint- area, delineated flood plain, state or tional facility, ocher than a warehousing or tional facility, other than a warehousing or federally designated wild and smnic light industrial facility,equal to or it excess light industrial facility equal to or in excess rivers district,the Minnesota River Project of the following thresholds, expressed as of the following thresholds, expressed as Riverbend area, or the lvEssissippi head- gross floor space: gross floor space: waters arrss. 1. Unincorporated area, 100,000 sq. ft. 1. Unincorporated arca,250,000 sq.ft 2. Third or fourth class city,2CO,CCO sq.ft. 2. Third or fourth class city,SCO,CCO sq.ft. B.Ctxnstn c ion of an industrial,tbmmercial or 3. Second class city,3CO3C00 ft. 3. Second cess dry,750,000 ft squa a feet facility with less than 4,C C0 sq. �' squat feet of gross floor spat,and with as- 4. Firs:class city.400,000 sq. ft. 4. First class city, 1,CCC,000 sq.ft. sodatrd part ng facades designed for 20 (Local) (Local) vehicles or less. C.Construction of a new or expansion or an C.Construccn of a new or expansion of an existing industrial, commercial, or irstins- exiting industrial,commercial,or insatution- tional facility of 20,CCO of more square feet al facility of IOO,CCO or more square feet of of ground arra,if the local governmental unit ground a.•e, if the local governmental unit has not adopted approved watt-relate{land has not adcpced approved water-related land use management district ordinances or plans, use maragsrnent district ordinances or plans, as applicable,and either the project involves as applicable, and with the project involves riparian frontage of 20,000 or more square riparian frontage or 100,CCO or more square feet of ground arra to be developed is within feet of ground area to be developed is within a water-related land use management district. a water-rem land use management disci= However,this item only applies to shoreland However,this item only applies to shorelard areas,floodplain,and nate wild and scenic areas,floodplsirs,and state wild and sonic rivers land use districts if the local unit of rivers land use districts if the local government has received official notice from governmental unit has received official the Department of Natural Resources that it notice from the Department of Natural must adopt applicable land use management Resources that it must adopt applicable land district ordinances within a specific period use management ordinances within a of time. (Local) specified period of time. (Local) II Notes Terms used in these categories mean the following: "Warehousing facility" -a subcategory of industrial-commercial land use that has as its primary frr.ction the storage of goods or mcterialr,'other uses,such as office space ors sales space may be present in small amow.ts. 'Light industrial facility" •a subcategory of industrial land use with a primary function other than manufacturing with less than SCO employees. "Gross floor space" -the total square footage of all floors, including that of all structures on the project site, but not including parking lots or approach areas. "Ground area" -this includes the total surface area which would be convened to an impervious surface in conjunction with the project,and does include par.cng lots and approaches. CItyClass • - cities of the first class:Mpls..St.Paul,Duluth - cities of the second class:20.000 or more population - cities of the third class: 10.000 to 20,000 population 41 - cities of the fourth class:less than 10,C00 population (The EQB uses the latest reliable population estimates rather ti=n the latest US. Census data in deciding what class a city is of) red p9pe 5'0vQCF : 6C1l O --o7NC R VLc2 S . lutI,s',V So TA lr'1v V o &Mc/rz P EVPC1J PR 96(ZANI . 1q861 , Marxiatory.EAW-C teg«y Mandatory BS Category . Exemption - -Residential Devekg meet • Note that these projects may also fit other mai-a:tory categories: air pollution(parking),sewage systems,sxearn diversion, wetlands and protected waters,agriculture and forestry, and mired residential-co.nmerciel. PURSUANT TO A 1988 RULE A1iEVDMENT THE RESIDENTIAL MANDATORY EASY AND EIS CATEGORIES MUST BE COMPARED TO ?HE TOTAL NUMBER OF UNITS THAT MAY ULTIMATELY BE DEVELOPED ON ALL CONTIGUOUS LAND OWNED OR UNDER AN OPTION TO PURCHASE BY THE PROPOSER THAT IS ZONED FOR RESIDENTIAL DEVELOPMENT OR IS IDENTIFIED FOR RESIDENTIAL DEVELOPMENT BY AN APPLICABLE COMPREHENSIVE PLAN." i.e., all future potential phases must be ir.cluded in the unit count when determining if the project exceeds the mandatory EAW or FIS thresholds. For any future phases where the number of units is unarown at the present time,the marrntvn number or units allowable under the zoning ordinance which will apply at the time of platting must be counted(i.e.,the product of the number of acres multiplied by the marirnurn units per acre allowable). Review of fruit phases which are not to be given any app oval at the present time may be deferred until the future, in accord::nce with 44101004 and 44102000. For projects which in total exceed the mandatory FIS threshold,an initial stage not larger than 10%of the applicable EIS threshold below may be re-viewed by the EASY process instead of the EIS process,ba all rrbsequert stages are subject to an EIS. 4410.4300, subp. 19 4410.4400, subp. 14 4410.4600, subp. 12 The local governmental unit is the RGU for the The local gov=rnemul=it is the RGU for the A Construction of a sewered residential following rrsidehr'a1 projees: following residential projers: development, no part of which is within a ,--A.Csruatm icn of a pearert or potentially A.Consttu cn of a pe.-manent or potentially water-related land use rrnanag�nent district, w J permanent residential development of: permanent residential development of: of: 1. 50 or mounscathed or 75 or more at- 1. ICO or more tans.ae�hed or 150 or more 1 �u than 10 units in an uzniz eotporated r` cached units in an unsewe:ed attachedtatits in an unsewered tmincor- era tam arta =achedcorpora d aor 10 =achedu its porated area of-00 arached units or 600 2. L"-ss than 20 units in a third or fourth or 150 crated units in a sewer.' emir- named units in a sewered =Moor- class city. sea pornt ed as. 3. Less than 40 units in a sed class cry. corporated2. I00 unattached:cries or 150 attached units 2. 400 u:.azached pis or 600 arsc.ed units 4. Less than 80 emits in a first class city. in a cry that does not meet the conditions in a cry that does not meet the conditions B.Construction of a single residence or multi- of subitem (4). of s.:bitern(4). ple residence with four dwelling units or less 3. ICO tmaaached units or 150 attached units 3. 400 szattached=its or 600 attached units and accessory appurtenant structures and in a city mee&ig the conditions of sub- in a cry meeting the conditions of sub- utilities. item (4) if the project is not consistent item (4) if the project is not consistent with the ariopr--+ corpr_hensive plan. with the adopted comprehensive plan. 4. 250 unaaachd units or 375 attached units 4. I,C00 u anatd snits or 1,500 attached in a cry within the seven-county Twin units in a cry within the seven-county Cities mecopolitaun area that has adopted Twin Cees metropolitan area that has a oanprhersive pian =der Minnesota adopter a comprehensive plan under Min- Statutes,section 473.859,or in a cry not =sou Statutes, se—Mon 473.859, or in a located within the seven-county Twin city not located within the seven-county Cries metropolitan area that has filed with Twin Cries metropolitan area that has the EQB chair a ce.1&atiah that it has filed with the EQB chair a cerafiation adopted a ocehpnceasive plan containing . that it has adopted a comprehensive plan the el=ICUs listed in the"Notes"below. containing the required elements listed in B.Construction of a permanent or potentially the "Mores"below. penman nt residential development of 20 or B.Construction of a pe manent or potentially more=attached units or of 30 or more at- permanent reside dal development of 40 or tamed units, if the Ioal governmental unit more unscathed units or of 60 or more at- has not adopted approved water-related land cached traits, if the local governmental unit use management district ordinances or plans, has not adopted approved water-related land as applicable, and either, the project invol- use management din,ct ordinances or plans, yes riparam frontage or five or more acres as applicable, and either, the projec invol- of the development is within a water-related ves riparian frontage or five or more acres land use management distrix. However,this of the development is within a water-related item only applies to shoreland areas, land use management district. However,this f]oodplains, and state wild and scenic rives item only applies to shoreland areas, land use districts if the local governmental floodplains, and state wild and scenic rivers • unit has received official notice from the land use districts if the local governmental Department of Natural Reso roes that it must unit has received official notice from the 1 11 1 1 adopt applicable land use management dis- Department of Natural Resources that it must trict ordinances within a speeded period of adopt applicable land use management dis- time trict ordinances within a specified period of time. 46 Mandatory EAW Category IUtatory ES Category Exemption Residential Development (continued) • Notes Terms used in the residertal categories have the following meanings: "Potendally permanent"means a dwelling for human habitation that is permarer_ly affixed to the ground or commonly used as a place of residence, including houses,seasonal and year round cabins,and mobile homes. "Attached units' means dwelling units grouped together with four or more wrist per structure where each unit shares at least one wall in common with another unit. Therefore,fourplex and larger groupings have attached units, whereas triplex,duplex,and single family units have unattached units. (A later note esplairs how to count miawes of attached and unattached units.) "Sewered area" means that the entire project will be served by a sanitary sewer system connected to a wastewater treatment facility,or a publicly owned, operated, or supervised centalized septic system, or that the project is within the Metropolitan Council's metropolitan urban service area boundary. Any area which is not "towered'• is unsewered. "Water•related land use management district" is defined is the notes for the Industrial I Commercial Institutional categories. Explanation of the differ-:c between items A and items B of the mandatory EAW and EIS categories. Item B of the EAW and EIS categories applies only to some to projects within a "water-relates land use management district". Projects in these areas are covered by item B if the local governmental unit has rot yet adopted DNR-approved ordinances for the area in question,provided that for shorelardt,flood plains, cad state wild or scenic rivers item B only applies if the DNR 'res given official notice to the local unit that it must adopt DNR-approved ordirar.ces on a spec tic schedule. A project in a water-related land use management area is not covered by item B if the local unit has already adopted DNR-approved ordinances, or if the DNR has not yet officially asked the local unit to adopt approved shorelard, flood plain,or wild and scenic rivers ordinances. Projects not covered by item B are potentially subject to item A. How to handle mixtures of attached and uraeached units. A 1983 rile amendment provides that to determine if a mixed unit project requires review,an arithmetic computation involving the thresholds for both kers of units is to be used. This can be e.: ressed as a formula as: S=AIB + GD, where A = number of unattached units B = unattached unit threshold •- C= number of nnnrhed units D = attached unit threshold • If S equals or exceeds ID,review is mandatory. Erressed as a series of steps, the need for review is determined as follows: Step 1 • Divide the number of unattached units by the applicable uratached ttrit threshold. Step 2 •Divide the number of attached:units by the applicable attached threshaid. (Note: each dwelling unit of a group -not the group-counts • • as one attached unit.) Step 3 -Add the quotients obtained in steps 1 ad 2. • Step 4 - Compare the sum obtained in step 3 to 1.0. If the sum equals or exceeds 1D, review is mandatory. Here is an example which tllus•ates how to apply this Categorv: Assume there is a mixed project of 300 apartments and 50 single family units which is consistent with the adopted comprehensive plan which meet the requirements listed below.Is review required? Step 1 •Divide 300 units by 375 units, the attached residential threshold for a city with a comprehensive plan where the project is consistent: 3001375 = 0.80. Step 2 -Divide 50 by 250,the unattached unit threshold for a city with a comprehensive plan where the project is consistent: 50250 =0.20. Step 3 •Add the quotients: 0.80 +020 = 1.00. Step 4 - Compare the sum to 1.0: 1110 equals ID,so therefore an EAW is required for this project. Required el^mics of a comprehensive plan as cited at 4410.4300 sub°. 19,item A, subitem (4)and 4410.44CO3 cubo. 14,item A, subitem(4): a. A land use plan designating the existing and proposed location,intensity,and extent of use of lard and water for residential,industrial,agricultural, and other public and private purposes. - b. A transportation plan describing,designating, and scheduling the location, extent,function, and capacity of existing and proposed local public and private transportation facilities and services. a. A sewage collection system policy plan describing, designating, and scheduling the areas to be served by the public system, the existing and planned capacities of the public sys:em, and the standards and corditiors under which the installation of private sewage treatment systems will be permitted. d. A capital improvements plan for public facilities. e. An implementation plan describing public programs,fiscal devices,and other actions to be undertaken to implement the comprehensive plan,and a description of official controls addressing the matters of zoning,subdivision,private sewage systems,and a schedule for the implementation of those controls. The EQB chair may specify the form to be used for making a certification that a city's plan meets these requirements. 47 / • 1 7 m - • - - :..-.'"-Q-.0.--- - ofri-fr-wi.,---- ', -•‘.. - -.- i . _. -_ ... ..• ,. ._ ... . . - -----e,--........aa--- . . ----or-, A. r:-.' 'i--le. 1 • 7.7: • • 'N, ....,,. ..%%%.....1.440 , 14,7•-.14i... , -•- . 4....i....-,41,,- -. ..„........ .,, - EXHIBIT E fg- _. I -_--.•• ; -:.:,,;,.,: ,,, -. -: ..rj:-..",- .,..,,,- .;:,,.if.,....e-a, : . - ..-.7 -...., .....:r. 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L..-::.. , - r" .--_,.. ... - - --.___=-I.34, ‘iv./ - \ ,. ... c, ___ _ . r • I :::: Sai, .- _ • 4 AA cA • iI 1 _ -71.11 r- ,••• . • z •• •• • .... _ ____ _. ...... •......_. ic*•.` -- - ---- - - --- s-... .. .._ . • _... _ -;.,;-•,_%:,- - firwroStP .._„...., .._:. , .... ,. ._, ....„._., ..,.., "106 Iii I .-. Z10 S C CS A DD.•01 . 1 ,t...:: • CUP14inalt . . • . - I ...11• • MEET ,.. • . . ._.,.. :_ . . . . . 1 - ORIZON . . or .. , = El ,WS N ., NDA-`00' • . IP i ' 04110,S1 • . 1 H 0 R/> 1 L L. i ; . .......„ 1........___ i P . •-.-- . ! -.- -7... F —.. 0 G4S Op • 3 I I ut‘' n ' - z HORIZ• N . • , r I 1 Z HG HT's R R AD64. RR "........... .,s..... / I ?4 ..... 7 - i .—.. EXHIBIT F O \o 0 O c'1 O o o 0o in to °. `n oho °‘o o c en owtri o N N rl H Q1 N N • O o c, on, O O O o ri 01 C' lCl Cl r♦ �°� .oho M N p Nr♦ � N NO N NC1 rIr♦ N 'C' OWN >1 fa p o0 O p 0 riy OoO 0 o\oto �p - o�.0 MG dp � Nr1A L � � - rIC1$ � p riN• O i' N N 5. d g 0 O a en I O OQ CA O 0% •r1 •rl 71 r♦ XI rI Ir21 Li N N a1 CV ch* 0 0 H ,. rt CO kr) d' = 111 0 w o N o • co I O V 1d Ori OSI t ov co .°�o G� O -o�P a d •ri 0% ri o ri co ►U1 N N XbCU Q ?+ k ra r� r♦ r♦ U1 0� ri cl W 0aW0a 0 au O 0._ N al •O x al 1.4 0 a 4 v co N o 4:r co N 01 ca in N ,iU W ch . I N . I en I rr a I N I co <1 I d' I 00 U C O U) N fn Cl) 0ccf .--I 0 0 U ¢+ C C C G C C >~ C 0 O H O H O H O H •••1 �� G) 1d C 0C 0 C PC r-1 CI) O ,--I O r-1 0.1 C ,-4 O U O 4)O G►a O O aa It 4)0 O C) a BIaoaa 11B0� U O>• Cl)nd CacN a S. MEMO TO: Shakopee Planning Commission and Community Development Commission FROM: Lindberg S. Ekola, City Planner RE: Proposed Land Use Plan Alternatives - Memo # 3 East Shakopee Area Transportation Study Comprehensive Sewer Plan 1990 - 2010 Shakopee Comprehensive Plan DATE: May 7, 1993 INTRODUCTION: At the April 22 , 1993 meeting, the Planning Commission continued the public hearing for the proposed amendment to the Shakopee Comprehensive Plan to May 13 , 1993 . A joint meeting with the Community Development Commission (CDC) will be held at the Thursday May 13 meeting to continue discussion on the alternative land use plans. BACKGROUND: At the April 22 , 1993 meeting, staff presented information on items that the Planning Commission had requested additional input. Following this presentation, several other issues were raised in the discussion on the alternative land use plans. The following is a summary of that discussion: 1. Impacts of urban growth on other metropolitan area communities. 2 . ISD 720 district boundaries. 3 . Available land for development in the industrial park (Vacant land use inventory) . 4 . New entrances to the City of Shakopee via the bypass. 5 . Land uses west of CR 18 - residential vs industrial. 6. Freestanding growth center vs another ring suburb community. 7 . Impacts on the downtown. 8 . Impacts on public services. DISCUSSION: Other Communities Experiencing Urban Growth The Planning Commission requested staff research other communities where rapid urban growth has occurred in order to learn from their experiences. Staff has contacted several metropolitan area communities including Eden Prairie, Eagen, Apple Valley, Rosemont 1 and Hastings. Results from this research will be provided at the May 13 meeting. Staff has also reviewed literature resources and included some of the materials with this memo. Staff would note that literature on growth management generally is presented in longer manuscripts such as books. Staff will continue to research the current literature and provide available readings as appropriate. A recent book entitled, Edge Cities, written by Joe Garreau, provides provocative insights into contemporary American cities and urban growth patterns. A copy of the book's introduction and first chapter are included as Exhibit A. Garreau defines a full blown edge city as the following: 1. 5, 000, 000 sq. ft. of leasable office space or more. 2 . 600, 000 sq. ft. of retail space or more. 3 . A population that increases at 9 a.m. on workdays marking the location primarily as a work center, not a residential suburb. 4 . Local perception as a single end destination for mixed use - jobs, shopping, and entertainment. 5 . A history in which, 30 years ago, the site was by no means urban; It was overwhelmingly residential or rural in character. Although Shakopee is not an "edge city" , it is near the Twin City Metropolitan Area edge cities including the I-494 and I-35W strips. The development of Shakopee will be affected by the growth of the edge cities with the connection of Shakopee to I-494 via the Bloomington Ferry Bridge and CR 18 . This reading is intended to provide an insight to current metropolitan growth patterns in the United States. Clearly, most of the growth in our country is occurring in the suburbs and beyond. The suburb and edge growth patterns are contrary to traditional planning principals yet more people desire to live on the fringe of metropolitan areas. The Metropolitan Council is the agency responsible for planning and guiding growth in our region. As noted in earlier memos to the Planning Commission on the East Shakopee Area Transportation Study, the Metropolitan Council is in the process of updating the Metropolitan Development and Investment Framework (MDIF) . The MDIF serves as the regional comprehensive plan. The Metropolitan Urban Service Area (MUSA) concept is one tool used by the Metropolitan Council for guiding growth in the region. As a tool to guide growth the MUSA line concept tends to receive the most amount of attention. Properties located outside the MUSA do not have the same development opportunities as properties within the urban service area. On a regional level opponents claim that the MUSA line is used to direct regional growth in various areas of 2 the metropolitan area. Attached as Exhibit B is a recent editorial on this subject. Growth Management. What is it? How is it done? Staff was fortunate to receive an excellent reading on growth management. Exhibit C is a copy of a portion of a document entitled, "About Growth Management: Defining the Issues, Assessing the Techniques. " The document was prepared for the Association for Commercial Real Estate. The reading defines growth management and why it is done. It stresses that failing to manage growth causes serious problems in our communities and regions. The reading then identifies various methods of growth management. On page 4 of the reading, five basic techniques have been identified including: 1. Planning Techniques 2 . Zoning Techniques 3 . Subdivision Techniques 4 . Public Facility Techniques 5 . Other Techniques The City of Shakopee like other cities in the metropolitan area has been working to guide growth in an orderly and planned manner for several decades. The City of Shakopee covers approximately 26 square miles and has approximately 16 square miles of rural service area. The challenge to guide and manage urban growth in the City of Shakopee is similar to the task facing the Metropolitan Council in their guiding regional growth. In order for growth management to be effective a comprehensive and coordinated approach is necessary at the state, regional and local levels of government. The role of each government is often confused in growth management. Staff believes that discussion on the roles of each level of government in managing growth would be helpful to the East Shakopee Area Transportation Study planning process. ISD 720 District Boundaries City staff will be meeting with the ISD 720 staff within the next two weeks to discuss the impacts of the proposed land use plans and school district boundaries. Staff will report to the Planning Commission on the results of this meeting. Available Land For Development An essential tool in the municipal planning process is a realistic projection of future land absorption. The land absorption rates should be based on the most current projections of population, households, and employment. 3 The land absorption rates prepared for the 1990 - 2010 Comprehensive Plan (Exhibit D) have been identified as being outdated by members of the development community. With the 1990 Census and the Metropolitan Council forecast revision process recently completed, the opportunity to prepare more realistic land absorption rates would be available. Staff believes that the land absorption rates shown in Exhibit D should be revised to reflect the more current information. The land use absorption information is critical to developing land use plans for the study area. One approach to developing the land absorption rates would be to hire a consultant. A consultant could prepare the necessary projections in a timely manner and could provide more expertise in this endeavor. The last land absorption study was prepared by a consultant for the 1990 Comprehensive Plan (Conhaim and Associates, Inc. ) and was based on the 1980 Census data and the 1988 Metropolitan Council Forecasts. Projections provide a quantitative guide to the planning process. They are intended to provide a reasonable estimate or educated guess of the future. Projections are subject to a variety of factors which can dramatically affect their accuracy. With respect to the land absorption rates, restrictions in the MSUA expansion process could significantly impact future land absorption in Shakopee. A thorough review of the assumptions used should be considered in any projection process. Entrances To Shakopee One of the objectives listed in the 1990 Comprehensive Plan identified the need to create new entry signage for the community. The Comprehensive Plan recommended that the City create new signage and entry monuments at the various major entry points to the City. The entry points identified included the CSAH 18/Bypass Interchange, the new Mini Bypass Intersection, the Hwy 169/101 Intersection, and at selected locations along the Bypass. With the recent work on the City logo and tag line, an opportunity exists to incorporate these ideas into the entry signage and monument markers. Land Uses West Of CR 18 At the April 22 meeting comments were provided by residents of the CR 18 area on proposed land uses west of CR 18 and south of the NSP transmission line. Exhibit E is a map illustrating this area. A future collector street has been proposed to connect the future CR 18 with existing CR 18 . Uses south of this future collector street have been proposed in Alternative 3 as being rural residential. Land uses north of this future collector street have been identified as light industrial . Staff is proposing that the 4 • collector street become the dividing line between the two land uses. Freestanding Growth Center vs Another Suburban Ring Staff would refer the Planning Commission and the Community Development Commission to the April 15 memo on this study for background information. Staff will provide regional planning map at the May 13 meeting for discussion purposes. Impacts on Downtown Some background information on the impacts of area growth on the downtown has been presented in the two previous memos. Staff would request direction on any additional information that the Planning Commission or Community Development Commission would like on this topic. Impacts on Public Services Staff is continuing to research the impacts of development on public services as proposed in the three alternative land use plans. Staff will forward this information to the Planning Commission when it is completed. ALTERNATIVES: 1. Forward a recommendation to the City Council authorizing the hiring of a consultant to update the land absorption rates. The land use absorption rates shall be based on the revised population, household, and employment projections. 2 . Direct staff to update the land absorption rates. 3 . Use the existing land absorption rates. ACTION REQUESTED: 1. Open the continued public hearing. 2 . Review and discuss the additional information in the three alternative land use plans. 3 . Forward a joint recommendation to the City Council on hiring a consultant to prepare the revised land absorption rates or direct staff to gather additional information and continue the public hearing. 5 . _. • . . EXHIBIT A i '.� _ •' ' = = >- r •:J _ ,... •- _ .. �•• _ v :� 0 t' = V — .d -- J •. . N ... •.am - J _ _ J_ .... V• n ..• of R C7 i .Cr `3 : ..rtr.i I ;: v v .- _U .: •V = CJ C L L C.`.. 3 .. - 'J •' • r CJ i .,. .: ...7 .1..41 ••""; '": 47.'" ''... LT'--to: : ej ..- — Ed: CJ L r. .. .. :J �+ .. . •— V/ — r – – I N CJ c -- .C C C O GJ J J of y . ... = • G :J v .� — C. C GJ Gs v - dia.•r. GJ GJ ^ — 3 y > .. CJ .. 'ttc f .Ci J - - > `� •r �.. ^. -n. .•.,. — . U n •– – : �^. r N ^ v v 0 .J . *'.•`.0 :J ^ .. i. > _>`''.. .�•. ♦C > SSG N C >,.r. r GJ e. -_ - r C �" U .. •J .•••• J = v > .: v U ^ r.': — •.... J .-. G.. ._ to V GJ —��, •••4 ± - r. Z CJJ �O I Li = - -NG :. 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Z -Q Cr. = r rc 17.c= O- c u a. a c, •>_ - u u _ �, Lc O v v O •'L u. _s. 0 a0 o eJ - r 0 v = - >. L .. .r y r_ C G C v r :r O O `' = O c e0 � :3 =- CJ = >. u u y _• p = v ,: �- O :, a `. 3 tn _ v ca _>. :7 CS in r > ._ .r v - — r Y ` v TJ C .. • v -x ^ C tL CJ t.. C .. , .... N T._ = _t— - r U u .� _ y - O = v .Q • y r. 'v O _C 3 v C .• C - .J C ? rL. •= .r L v n 3 ^ - _c` — _ .. =c.O – `� 3 O L c+ v = 3 = H c L y u min-= J — VV _ •J J V' •• i� < �• C� ▪ r • — r >. C.l J V7 V CJ �J .7 ••n i - EXHIBIT B q-hey ' re coming toget us . .• . beware ! �, • e Bentley -_. heads and wondering what went • By Georg '- wrong. = Every time you turn around it :.r. -scems2S if someone at the regional or Are those of us in the "Fertile statc level is u-ying to"get" the west- ". =.=;r Crescent" rich and ccedy? Isn't it nice to know that you are now rich? l and southern suburbs. Proposed .�'i Asfar as greed goes, those living in legislation and regional politics stern �Y;X1-= } glass houses should not throw stones. to th aimed et oudishing successful -.�_ The southwest suburban arca, with -southwest metro development,"si mcnt, and - few exceptions,is already being raped `rnakizg us pay for our"stns" of pro- - by fiscal disparities,and has been for _viding growth,jobs and quality resin ,�y many years. ;�ow we are supposedly' o- The living conditions. greedy because development has re- - so-called "Fertile Crescent" -.�-: � (a name for our area coined by certain suited in increased net property valu- core-city legislators) stretches from The Last Word ations. On the one hand we arc accused Maple Grove on thc nonh, southerly the George B entl e of unfairly encouraging development through Eden Prairie and anions the y in area area,and on the other hand we ?.-hLThis s sota Rive:, and east to Fagan.has had tremendous growth • arc charged with being unfair to de- over the past decade,and is projected 694, have not attracted development velopers by having zoning standards to have continued growth for many there? Could it be that developers that are Somehow too wstole developers from years to come. look for location and natural amen:- Folks from other pars of the metro ties rather than infrastructure? other metro cities, and then we didn't area think this growth is terrible,par- There is a misguided belief among le: them build anything. Those who ,tiatlarly since it did not occur in their regional planners:hat they can"redi- make these arguments cannot have it areas. They blame our growth on r-e.:."zrowth to other pa.--s of the metro both ways. improved highways and a misguided a:ea. They believe that, by caking This area has had the same devel- • Metropolitan Council which has al- development difficult or impossible opment tools as any other part of the lowed development to occur on a for the southwest metro area, devel- region, yet development occurred market-driven basis.Since this south- opmcnt will move to Blaine or some- here.We did not steal it,it came to us. : west suburban arca has consistently where else. Development restrictions were pri- voted Republican during the past Reality tells us something differ- manly based upon regional environ- _decade or so,we are obviously all tied cat. This is a national and global mental requirements and housing to the geed of the Reagan years and economy. If developers come into densities, not on arbitrary desires for all deserve to be punished. this metro region with a desire to local controls, yet we 'are criticized What hokum! Regional develop- develop in C hat act;n,they will laugh for doing what the region mandates. went of highways and other infra- in the face of regional planners who .- :. So,are they but-to get us,or are we-:. structure improvements over the past say, "Gee, you can't build there, but just being paranoid?My suggestion decade barely began to make up for - you can build in Blaine." These de- is that while you are trying to answer the woeful neglect of similar projects velopers will pick up their marbles this question you keep a hand on'your in this area is previous years.Why is and go play in another metropolitan pocketbook.It looks to me like some- it that multiple highway projects in area.The entire region will lose under one is trying to pick it. the northern suburbs during the 1960s this policy,and those brilliant regional Bentley is a Valley News colum- and '70s, and a beautifully rebuilt I- planners willbe left scratching their nist.- Shakopee Valley News April 22, 1993 .N .EXHIBIT C AV-•\. \ -- N ISS/.II% NAIOP, The Association for Commercial Real Estate - • ABOUT GROWTH MANAGEMENT: DEFINING THE ISSUES, ASSESSING THE TECHNIQUES Douglas R. Porter President The Growth Management Institute NAIOP Publication Series i monograph 110 ill ... 4, it! ,F, . ,,, ; :., ... I Table of Contents i Why Growth Management? I Growth Management Issues 6 Some Frequently Used Techniques 11 Adequate Public Facilities Requirements 11 Urban Growth Boundaries 18 Preservation of Open Space and Agricultural Land 25 Environmental Protection Techniques 31 State and Regional Growth Management 39 Conclusion: Strategies for Ensuring Reasonable Growth Management 46 f , Why Growth Management? All over America,cities and suburbs as well as many towns and rural areas are growing and changing in response to economic opportunities and trends. According to the 1990 census,almost 90 percent of the population increase in the United States during the I980s occurred in metropolitan areas. Expanding metropolitan economies have sparked rapid population growth in some parts of the nation. In other areas, unremarkable but steady growth continues to encourage development and stir changes in the urban pattern. In virtually every metropolitan area in the • United States, one or more communities is undergoing rapid change. In today's international economy. the United States must continue to assert a • key role to maintain the prosperity that Americans desire. The nation's metropoli- tan areas are a vital part of that role and must remain competitive with economi- (t , tally vibrant cities ail over the world.The challenge is to assimilate growth while ,;"'will retaining the qualities of Life that metropolitan and community residents want and need. A People—and their governments—respond to impending community change `I , in various ways. Some prefer to avoid any alterations in their daily lives and take Cw'l steps to fend off development. Others seem to be surprised by growth and quickly find themselves beset by all sorts of problems brought on by uncoordinated devel- opment. A few, understanding that fundamental economic and population shifts are occurring, prepare for growth and change.They"plan ahead"to accommodate expansion of their communities. A , Growth ana eluent Means Planning Ahead Communities that plan ahead are attempting to guide growth to avoid prob- lems and capitalize on opportunities. Urban growth challenges communities to pre- pare for change: --'• to expect greaterdemands for public facilities and services: - to anticipate opportunities to develop their economies in ways that expand job opportunities and enhance public revezu_es: v • to work towards development of fine neighborhoods that provide a high quality of life and affordable housing for all residents; and • to plan for retention of open spce,sensitive lands,historic properties,and other community features that contribute to Urban livability. Thea�ckage of plthlic actions that guide the development process in these ways is_called "growth management."Borrowing the term"management" from the 1 7 corporate world, public officials believe that they should move beyond traditional planning and zoning to take more pro-active roles in guiding development. Effec- tive management requires the formulation of long-range strategies, backed up by sound projections of likely trends and put into effect by coordinated programs to achieve public objectives. Applied to urban _rowth. such management approaches call for public offi- cials. with community leaders. to fashion longterm.comprehensive plans for their community's growth—plans that can provide a coordinating focus for public actions. But plans have no influence until they are implemented by public programs and regulations that guide private development in the community's interest.These programs and regulations. many of them innovative and even experimental, are key components of growth management. They involve public officials and agencies more actively in the development process than in previous decades. But they also place the public sector in a more responsible position to anticipate and act to sup- port future development. Failure to Manage Growth Causes Problems When communities fail to plan they create problems for all their citizens. If public officials are-reluctant to analyze future needs for expansions of inttastructure systems or to work out ways to fund construction of those expansions, public facili- ties become inadequate to meet daily needs. Streets become congested, schools overcrowded,sewer systems oven-oaded, and other inconvenient and even danger- ous conditions arise. If local governments neglect to insist on reasonable standards for development or to ensure that nev-v development is compatible with existing neighborhoods, the quality of everyone's living environment will.decline.The irony s that many communities blame growth for crises in public services, not their aiure to plan for growth. Citizens' anger often is turned on developers and builders radier-t`tan onihe oublic_officials who shirk their planning responsibilities. Unfortunately• too few communities do an adequate job of planning for _growth and change. Usually they respond to growth only when a crisis looms, and then quickly adopt"band-aid"approaches that provide inadequate longterm solu- tions. Many local growth management programs are patchwork conglomerations of programs and regulatory requirements that are poorly coordinated and even coun- terproductive. Because too little investment is made in basic analyses of develop- ment trends and in lonsrange planning for future development, public officials fre- quently make decisions based on faulty information and give insufficient thought to the consequences. Often they resort to moratoriums or development slowdowns that penalize developers—and ultimately their clients,consumers—but do not resolve basic issues.. In a few parts of the nation, growth management has the connotation of growth control—that is, stopping or reducing development. Some of the first com- munities to adopt growth management techniques in the early 1970s instituted lim- its on the amount of development they would permit each year,claiming that only through slowing growth could they hope to adequately prepare for future develop- ment.Those growth limits ultimately were approved by court decisions that opened the door for local governments to closely regulate the development process.To this day, some communities prefer to rein in growth rather than seek to accommodate it Communities that fail to plan for growth frequently get caught up in a cycle of problems and criticisms that creates major community unrest._Inadequate antici- pation of growth stimulates a crisis in delivery of public services. A quick-fix solu- 2 :�z: >- - - ;� . tion fails to cure the problem or reveals other problems. Commur.ity leaders are blamed for allowing development that overloads facilities.They respond by adopt- ing measures to restrict development but still fail to plan in positive ways for future development. As additional issues arise, the electorate begins to view development as undesirable and ungovernable and their elected leaders as incompetent to man- age growth.They demand closer and closer control of the development process. In this scenario everyone loses. Such cycles have occurred in many communities, leading some people to believe that effective management of growth is impossible. Yet experiences in other communities demonstrate that sound planning and reasonable guidance of future development can yield positive results in terms of high-quality environments for living and working and a predictable,economically viable development process. Varieties of Growth Management The cornerstones of community preparation for future development are the traditional tools: comprehensive plans, zoning ordinances.subdivision regulations, and capital improvement programs--Zomprehensive or general plans set forth com- munity objectives and policies for future development and show how all the com- ponents of growth—land use, infrastructure systems,social and economic change—can be coordinated.Zoning ordinances translate general development policies to specific areas of the community and provide basic standards for new development.Subdivision regulations provide specific guidance for development of raw Iand. Capital improvement programs define needs for new public facilities to support future development and indicate priorities, timing, and funding mecha- nisms for their provision. Careful,competent use of these basic tools can produce an effective growth management program,and has in—many.dommunities. The four basic mechanisms furnish the key ingredients of management: planning for future growth.settingcri- teria and standards to guide specific development,and providing adequate infra- structure to support development. Many local governments,however,have felt the need to expand or elaborate on these techniques to cover specific concerns about development. Some researchers have counted as many as 57 separate techniques that may be used in growth management programs. Some are fiscal or taxing programs that attempt to reward or discourage certain types of development. Some provide administrative controls over development approvals. Some pertain to design details of projects or buildings,and some to broad directions of community growth. To generalize,however, the techniques can be viewed as outgrowths of the four traditional tools mentioned above.Tne accompanying feature box summarizes these four categories of growth management techniques. Later in this publication, five of the most common types of techniques are profiled in greater detail. 3 • f r• •ygQ ..ste��.M�- �.� • • Examples of Growth Management Techniques Planning Techniques: Delineation of Development Policy Areas—Designation of areas within which public policies will support existing development,contin- ued urbanization, or prevention of development(until future urban development is warranted or to protect open space,farmlands,and environmentally sensitive lands). • Urban Growth Boundaries—Also known as urban service limits, these lines indicate the limits of development, within which compact growth is encouraged and outside which development is discouraged. Functional Plans—Housing plans, transportation system plans, and other detailed plans for specific components of development. Specific Area Plans—Detailed plans for neighborhoods, highway corridors, interchange areas,downtowns,and other special areas to translate general plan policies into development programs for impor- tant areas. - I Policies for Future Growth Areas—Establishment of guidelines for development in areas outside present jurisdictional boundaries through extraterritorial powers or interlocal agreements. Zoning Techniques: - "Large-Lot"Zoning—Requirements for minimum lot sizes of two or more acres (up to 25 in some.cases), intended to reduce develop- ment or minimize infrastructure needs. Planned Unit Development—Special provisions to permit more flexi- bility in site development than allowed by standard zoning and subdi- vision regulations. Cluster Zoning—Provisions to allow grouping on one part of a site of development at higher densities than otherwise permitted to preserve open lards on the remainder of the site. Agricultural or Environmental Zoning—Regulations that encourage preservation of farmland and environmentally sensitive lands through requirements for large lots or protection of certain natural areas and features. Transferable Development Rights—A program intended to com- pensate landowners affected by zoning restrictions by allowing pur- chase and transfer of development rights to properties in other • locations. Overlay Zoning—Imposition of special requirements in designated •• areas (such as historic districts). • Incentive Zoning—Provisions that encourage certain types or quali- ties of development by providing incentives such as density bonuses. • • Flexible Zoning—Use of performance standards and criteria rather than specific requirements to determine allowable uses and building guidelines. Q • • 7.v ri. Inclusionary Zoning—Mandatory or optional provisions for produc• i11 tion of lower-income housing as a condition of project approval. often incorporating density incentives. it 3, ..Subdivision Techniques f. Environmental Protection Requirements—In addition to federal and state permit requirements, most subdivision regulations now include provisions to prevent soil erosion, reduce stormwater runoff, • . protect natural features such as wetlands and woodlands,and pre- ' serve other aspects of the environment. Developer Exactions—Requirements for developer contributions (in cash,facilities, or land)for on-site public facilities necessary to sup- port the development and for selected off-site facilities. Design Review—Special review procedures for residential subdivi- sions, shopping centers, and other important projects to ensure high • - quality site and building design. L� Public Facility Techniques: . lr Requirements for Adequate Facilities—Project approvals are made I t contingent on evidence that public facilities are or will be of adequate capacity to serve the proposed development. Impact Fees—One-time fees related to provision of public facilities to - serve new development, imposed on specific units of development. .. Special Taxing Districts—Wider use of this traditional taxing mecha / i - nism provides funds for public facilities for new development. Privatization—To reduce public costs for public facilities,wider use Ote undir1g devices (such as toll roads) is advocated. _ vaC It at Imo' S, Other Techniques: Growth Limits—Regulations that limit the number of building permits • issued annually for one or more types of development. • Threshold Standards—Standards for public facilities, environmental 1 • quality, and other public concerns that, if breached, halt development. - 1 - •. Moratoriums—Temporary prohibitions on development to correct or tt" '°`� � "^"'`� �'` ` Y'`_,:�_. forestall health, safety, and welfare problems in community develop- I ment Fiscal Policies—Use of taxes and fees to encourage or discourage certain types or qualities of development;tax abatement is one tech- nique often used. - Administrative Procedures—Examples are expedited approvals for ' certain types of development, requirements for impact assessments, and use of development agreements to solidify public and private understandings. These techniques are only examples of the many types of programs I and regulatory tools employed by local governments in managing growth. 5 I • f,) .,1);•s •• _;._ _,: Zt Growth Management Issues When governments adopt growth management pro__rams. they expect to improve the development process to achieve public objectives for communiiv or�wt and cnanse. Some of those objectives are broadly founded on basic concerns for effi- cient and desirable development,which are intended to benefit all members of the community. Others may be targeted to satisfy the specific interests of one or more groups. As these objectives are translated through growth management programs into public actions, they may result in positive or negative impacts on various segments of the community, not Ieast the developers and builders who create the built envi- ronment. Certainly many benefits may flow from the commitment of public offi- cials to predictable and reasonable management policies and regulations. But growth management programs may also raise equity, legal, and financial issues that deserve consideration. The Legal Basis for Growth Management The legal history of land use law in thenice tates might be said to have begun with the U.S. Supreme Court decision in 1926 (Euclid v.Ambler) that upheld zoning as a legitimate public enactment. Since then, the legal framework for land useregulation has beer,continually evolving.Governments exercise of the police power to regulate the use of private property constantly confronts the interests of private owners in unhindered enjoyment of their properties. Essentially, the taw_ attempts to reach a reasonable balance between the rights of private property own- ership and the responsibilities of governments to protect public health,sae fety, and -welfare.-That balance is constantly shifting, however, as courts interpret the appli- cation of specific regulations to specific properties. Over the years,courts have tended to widen governments' use of the police power to approve more restrictions over property owners' rights. Courts have per- mitted local governments a great deal of discretion to determine appropriate land use regulations, so Iong as public officials can demonstrate that they have followed - correct procedures and established good reasons for their actions. Since the 1970s, especially,court decisions in cases relating to-growth management have upheld the use of most growth management techniques.Tne accompanying feature box pro- files some of the major decisions upholding growth management laws. In the past few years, landmark decisions by the U.S. Supreme Court(Nollan v. California Coastal Commission and First English Evangelical Lutheran isurcit of-Glendale v. the Cour-,y of Los Angeles) have established some new guidelines for regulatory requirements that insist on responsible public action. Even those cases, however,recognize the broad powers of local governments to govern devel- opment of private properny in the public interest. The most important limit on regulations to restrict use of private property is ' the widespread respect for private property held by most Americans. Although the strength of this conviction varies from place to place. most public officials are 6 r r . - 4 • keenly aware that in regulating development they muse na c community inter- •. ests with those of private property owners. They are reluctant to enact measures • that substantially reduce current or prospective property values or severely curtail • owners' options for use of their property. Thus, in most jurisdictions,decisions of public officials about imposition of • new regulations must walk a fine line between community concerns and those of private property owners. Often such decisions limit the actions of local govern- •i • merits more than would the courts. Some Important Growth Management Cases • .I Village of Euclid, Ohio v.Ambler Realty Co., 272 U.S. 365 (1926)was the first U.S. Supreme Court case that upheld zoning as a valid form of police power regulation. f Golden v. Planning Board of Town of Ramapo, 235 N.W.2d 291 (N.Y. ,; 1972) upheld regulations that established development phases and quotas and made permits contingent on the availability of adequate pub- :1• lic facilities. • Construction industry Association v. City of Petaluma,522 F.2d 897(9th ;. . Cir. 1975) in which the court denied an appeal from a lower court deci • - sion that upheld Petaluma's growth limits. Southern Burlington County NAACP v. Mt. Laurel Township, 336 A.2d .; 713(N.J. 1975)and 456 A.2d 390 (N.J. 1983), two cases in which the state court ruled that New Jersey communities must provide for a fair share of regional needs for lower-cost housing. Penn Central Transportation Co. v. New Yorke City,438 U.S. 104(1978) upheld the city's imposition of landmark status on Grand Central Sta- tion, preventing construction of an office building over the station as a justifiable regulation that required no compensation to the property -.:. owner. :� tea ,. :.- . Nollan v. California Coastal Commission,483 U.S.825 (1987)deter- mined that the California Coast Commission had not established an appropriate connection (or nexus) between a required exaction and the cited public objective for the exaction. • First English Evangelical Lutheran Church of Glendale v. the County of Los Angeles,482 U.S.304(1987) found that a regulatory taking of I t property, even if temporary, can require compensation to the landowner. (Note that a subsequent state court decision on this case determined that no taking had occurred, and thus no compensation was required.) • - • 7 -j • • `+t • :rte• Yip ,•t•'>(i.�'.r'.Q-mel.+_ �- .r..+.. .i.��+-.m—v�. �.. The Value of Gr9wanag ment Some objectives of growth management. if effectively implemented, confer real value for the community and development interests alike local govern- ments track trends of community growth and development in order to anticipate future needs. they alert local officials and the general public to likely requirements for public action..W e public administrators work out plans and programs to address potential needs for accommodating growth and change, they instil! a greater degree of certainty and predictability in the development process that reduces development risks and encourages higher qualities of development public officials make continuing commitments to providing reasonable standards an rerients for development, they create a positive context for development that meets private as well as public sector needs. Nowhere is this commitment more beneficial than in planning and program- '�"'ming adeouate infrastructure support for community development. Communities that invest time,effort, and funding in defining future needs for improving public facilities, working out equitable public and private sharing of improvement costs, and following up with timely action prevent disruption in the development process. Moreover,developers who can count on public commitments for infrastructure extensions can increase their investments in amenities and quality. Local governments also confer benefits for the development process by creat- ing quality expectations for development through the establishment of regulatory standards and requirements. Developers who are assured that their projects will be protected from poorly designed or constructed development in surrounding areas understand the longterm value that creates for their projects. Effective administra- tion of standards and requirements also ensures equal treatment among developers and builders, an important plus in a competitive market. Finally, local governments that amok development trends and update plans and ordinances to reflect the changing marketplace assist the development process by making available a reasonable supply of zoned land for development. Develop- ers should not have to enter a complex rezoning process each time they wish to respond to market needs. When public officials anticipate growth and zone for it, they support an efficient development process. Pitfalls of Growth Management Growth management programs are designed to guide the actions of private developers and landowners in developing land and constructing buildings. Inevit- ably, these programs place some constraints on private actions. Presumably, the burdens of such constraints are more than offset by the benefits achieved by growth management programs. Even the most_well-intentioned programs,however, tend to increase the time and effort required to obtain development approvals, limit the lati- tude of.proee_ry owners to respond to market demands, and restrict the supply of developable d. Also,used improperly. growth management techniques may_ result in excluding.some classes of residents and business from the community. All of these effects tend to increase development costs and raise the price of housing and ocher types of development. A number of studies of the effects of • 8 • • `: _ • 7..-:!'r::.:7-:4:1.` growth management on the development process have been carried out. Unfortu- nately. the studies frequently are hampered by inade uate data and their findings . often disagree. Nevertheless. Professor Elizabe Deakin• n an overview and sum • - mary of such studies.concludes that growth management measures usually have - - _ as e-rse economic effects, particularly on housing prices, although those effects _ �• : probably are smaller and less significant than many people have thought.t Econo- , ~ - mist William Fischel also finds, in an exhaustive review of research studies on - • ... .. .. . effects of growth controls,that"growth controls do affect housing and ocher land- : •• _ use markets and that such effects are, on balance, inefficient."He cautions, how- ever, that inefficiencies of growth controls are not well documented to date.' : Growth management techniques such as urban growth boundaries that restrict— development in certain areas run the risk of creating artificial shortages of devel- _ opable land. Requirements for adequate public facilities may trigger moratoriums . . when public funding of infrastructure falls short of needs.Zoning intended to : encourage certain types of development may run counter to market trends. All of :- s.: these examples illustrate the problems that may arise when growth management programs are not well crafted to suit local conditions. . . Growth management techniques often impose major planting and adminis- - 1 trative requirements on local governments whose budgets and staffs may riot be up • •- r to the chalIenae. In that case, project approvals stretch out and developer costs rise. '•: :_. ,r.'.-:.>= -- • ''-:. ' - ---'==�=' s-"= .:! -�"i• ' -".+ _Ty„ i, -_s- l is Even earnest attempts by Iocal governments to permit more regulatory flexibility .�-,: •'_ • _4.- ---.f'=-=,�' -7; may backfire.,since they often involve review procedures in which public officials •e,; -w *.: -.., 1:' may make highly discretionary decisions. = - �"'`_ :`vf.4:` �-s`'"" _ These effects on the development process reflect the reality that growth man- - agement programs are imperfect even with the best efforts of local officials to man- - •' _ ' =•' age development equitably and reasonably. Deakin's summary of growth manage- •••••••.,....., -- . _ • - ment evaluations concluded that many approaches suffered from"too-narow_prob- _ Ietn specification,overly optimistic expectations of compliance,and lack of atten- • • tion • to the potential for uniniended.responses and results."3 •- _ • . • Perhaps more difficult to detect are the effects of programs calculated to limit growth or exclude certain types of development- By curtailing or screening out unwanted development,communities shift demands to other communities,often - • _ an sprawlThese actions distort regional patterns of . encouraging urban in the process. : urbanization and raise concerns about affordable housing.traffic congestion, and • w. air quality. . The larger issue for some people is whether government ought to place any : ' constraints on development through laws and ordinances.They argue that a free- • market system is most efficient in determining land use patterns and proper build- ing procedures. Although this belief in an unrestrained market is popular in some quarters, the evidence of the present regulatory system is that most Americans wish thegovernments to exert some public guidance over the land development : process. Perhaps the most vivid symbol of this desire is the intention of the city of Houston, long the nation's only major, unzoned city, to adopt a form of zoning in the near future. In ocher words, regardless of their beliefs in fret market sys- tems,developers and builders most likely will have to continue to cope with ever- 9 . • +may_ r{.�� --. . _ . . .._-'•-•_.._.------------- --- - i, ''- _ ••1. ^,tv ,.t . :}�� •t • . j • increasing public regulation of development. [7 Seeking a Balance The dynamics of the fact of urban growth and the need to manage it are a-,.. --_. - - — fix- ture of u an suburban reality_Developers,builde_rs_,and- public policy makers--- would do we•I to s�trtve for a reasonable balance of public and private interests in • development regulation rather than its elimination.Some ideas for doing that are contained in the final section. i . • • • • • • 10 • • . . . . • • • • .• • • ,• ••-• • ':;' EXHIBIT D Land Absorption Table Acres Absorbed Acres Absorbed Total Land Use 1990 - 2000 2000 - 2010 Acres Single Family 432 Acres 532 Acres 964 Acres Residential Mid-Density 80 28 108 Residential High Density 5 0 5 Residential Commercial 65 75 140 Industrial 40 55 95 Business Park 0 0 0 Racetrack 90 135 225 Park 15 0 15 727 Acres 825 Acres 1,552 Acres Source: Table 24 pages 24.9 to 24.11 Draft 1990 - 2010 Comprehensive Plan _ _ �G• /MIAMIAIOINI0 1110IA110 I • • ! . 1 1 CARiO1 GNV1oH CALa011 1 . . . •. 1\5 . I__ • i ..., ct.... 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'l 11 0 • I W 31 -- : e` / 'i C + + t [ 9 1l'" • III.. 03 r/ r \ j : i ' .I illib) ‘'. / '' I .-- I k ,I IIF► I I f IAIS*4 CD Cr) ' i • .,' I i, sil ,..... i • , •C7'illqie . j ,,... = S ( 17434 I„ 1 1 . - itll • -- I ALleb,-",„.._TA211 . ,..., ° . --- %i -, ----Atli - .L. .117.i.in (7 "� t ..„... il jor4::::1;1.41- �p,� , ..• O i t --K 8 �I I J I (n ....-- i 1 ✓� _ 4 \2 III �B MEMORANDUM TO: Karen Marty, City Attorney FROM: Judith S. Cox, City Clerk SUBJECT: Petitions for Review of 199 eal Property Tax Assessment Payable in 1993 Pursuant to Minn. Stat. Sec. 278. 01, ET SEQ. DATE: May 25, 1993 Pursuant to state law, the County Assessor's Office has provided the City with copies of the petitions filed with the tax court relative to real estate taxes payable in the year 1993 . As I understand the process, the county will follow-up and these are for our information. Attached are Petitions for the following properties: Equities Unlimited, parcel #27-902022-1 Northwind Foods, Inc. , parcel #27-004157-0, 27-004158-0, and 27-004160-1 Bart Partners parcel #27-001192-0 • Valley Warehouse, Inc. parcel #27-004065-00 �0040655 00 27 004065-1,004-0 and Wolfson & Segal Realtyparcel #2 27-004065-2 200 Levee Drive Association, Ltd. parcel #27-001075-0 J. L. Shiely Company - Shakopee Quarry, parcel #27-902020-0, 27-903004-0, and 27-911006-0 Mr. Robert Iverson, parcel #27-906018-0 St. Christopher Motel. Inc. , parcel #27-100001-0 Arlo D. Johnson, parcel #27-075001-0 Mpls Northstar Auto Auction, parcel #27-055003-0, 27-144009- 0, 27-144010-0, 27-144011-0, and 27-153001-0 Sanford Investments, parcel #27 , 117002-1, 27-117002-0 CC: Dennis R. Kraft, City Administrator City Council 4I � TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN June 3 , 1993 Chairperson William Mars Presiding 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of May 6 , 1993 , Meeting Minutes 4 . Recognition by Board of Adjustment and Appeals of Interested Citizens. 5 . Other Business a. b. 6 . Adjourn NOTE TO THE B.O.A.A. MEMBERS: 1 . If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN June 3 , 1993 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the May 6 and 13 , 1993 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . 7 : 30 P.M. PUBLIC HEARING CONTINUED: To consider an amendment to the Stonebrooke planned unit development, located south of CR 78 , east of CR 79 and west of Timber Trails Addition. Applicant: Laurent Builders 6 . 7 : 40 P.M. PUBLIC HEARING: To consider an amendment to the City Ordinance allowing wood preservation facilities as a conditional use within the Light Industrial (I-1) Zoning District. Applicant: Universal Forest Products 7 . 7 : 50 P.M. PUBLIC HEARING: To consider an amendment to the City Ordinance allowing limited retail sales as a conditional use within the Light Industrial (I-1) Zoning District. Applicant: Marlowe Anderson - Leeco Distributing Burdette Booth - Kar Kraft Ron Thiebaud - Ron' s Auto Sales 8 . 8 : 00 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to move an existing house onto a vacant lot at 2080 Eaglewood Lane. Applicant: Thomas and Kristine Skraba Action: Resolution No. 660 9 . 8 : 10 P.M. PUBLIC HEARING: To consider an application for a condition use permit to operate an asphalt plant upon the J. L. Shiely property at 6896 Hwy 101 . Applicant: Bituminous Materials, Inc. Action: Resolution No. 661 10. 8: 20 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to allow some retail sales upon the property located at 4110 Valley Industrial Blvd. So. Applicant: B & B Sales & Service Action: Resolution No. 662 11. 8 : 30 P.M. PUBLIC HEARING: To consider an application for a conditional use permit to allow fill in a Floodway in Huber Park. Applicant: City of Shakopee Action: Resolution No. 663 12. Final Plat: To consider the final plat of Parkview 1st Addition, located east of CR 17 and north of Vierling Dr. Applicant: Dalles Properties 13 . Overhead Electric Lines: To consider the above ground placement of overhead electric lines in the following locations: A. Along Vierling Drive, east of Marschall Road B. Along CR 78, between CR 79 and CR 17. 14 . Annual Reviews: A. Terminal Transport, Inc. - Conditional Use Permit 15. 9 : 10 P.M. PUBLIC HEARING CONTINUED: To consider an amendment to the Comprehensive Plan regarding proposed changes to the 2010 Land Use Plan. 16. Other Business A. B. 17 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Interest On Green Acre Special Assessments (Gene Hauer comments) DATE: May 20, 1993 Gene Hauer was in City Hall several weeks ago checking on assessments on his property. I explained the situation with the change in the calculation of interest on green acre (GA) special assessments. The reason for the changes is as follows; Previously, interest on GA assessments was calculated the same as if the annual installment certified to be collected had been paid. GA status meant that the installment did not show on the tax statement and no further interest accrued on that installment. The following installment had interest calculated on the declining balance. In 1991, an Attorney General's opinion was issued that said that interest on GA assessments should be on the total amount of the assessment, as long as it was outstanding. Staff began using the AG method of calculating interest as of 1990/91, but has not gone back to recalculate interest before that time. I believe Mr. Hauer was at the Council meeting to protest the change in the calculation of interest. When the assessments were adopted, it was expressed or understood that interest would be calculated one way and now it is being done another way that is more costly to the property owner. There about a dozen property owners in Shakopee that have GA property with assessments that are affected to varying degrees by the change. cc: Gene Hauer mal MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Chaska Sewer Interceptor/Metropolitan Council DATE: May 24, 1993 On Monday May 24th I met with Scott County Highway Engineer Brad Larson, and two Metropolitan Council staff members, Bob Masanac, and Lyall Schwarzkopf . The outcome of the meeting was that the City and the Met Council will mutually discuss the problems relating to the construction and funding of the Chaska interceptor sewer and then delve in to other issues including the paving of the Highway 18 ramps and rural land use policy as it relates to development outside of the City' s corporate limits . I indicated to the Metropolitan Council staff that the City of Shakopee hopes to have a clearer understanding of the Chaska interceptor issue after the MWCC public hearing on Tuesday, May 25th. At this time I am not entirely clear as to the role the Metropolitan Council is playing vis-a-vis that of the Metropolitan Waste Control Commission, however it looks as though the Metropolitan Council is now taking over the policy areas that the MWCC was formerly handling. I will keep the City Council apprised of the events as they unfold so that the City Council can respond to the alternatives presented. If there are any other areas of concern that should be put on the agenda between the City and the Met Council please contact me no later then Wednesday, June 2nd and I will have the items placed on the agenda. If you have further questions or comments about this please do not hesitate to contact me . OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION MAY 4 , 1993 The meeting was called to order at 4 : 35 p.m. by Chairman Chuck Dustrud. Members present: Beth Nikolai, Delphi House; DeDee Ordemann, American Red Cross; Chuck Dustrud, Scott County Human Services; Brian Norris, Citizens State Bank of Shakopee; Mark McQuillin, City of Shakopee; Bob Greeley, Community Education; Sr. Esther Wagner, SACS; Amy Goldstein, St. Francis Regional Medical Center; and Dave Resch, County Extension Service. SACS SCHOOL: Sister Esther Wagner reports working on next year plans. Kids and staff going to Camp Courage. CITY OF SHAKOPEE Mark McQuillan reports that the referendum for the Community Center will be discussed at tonight's City Council meeting. Referendum is set for June. City hired two employees for Engineering Department. This is due to all the street improvements and other projects. Tapah Park concession stands and restrooms will be expanded. DELPHI HOUSE Beth Nickoli says the residents are going to Camp Friendship. ST FRANCIS REGIONAL MEDICAL CENTER Amy Goldstein reports looking at final states of merger with Duluth hospital. New land purchase is happening here in Shakopee. 28, 000 babies were born at this hospital so far. Bike Safety is May 28th at Lions Park. AMERICAN RED CROSS DeDee Ordemann reports they will be doing demonstrations at McDonalds this Saturday from 11: 00 a.m. to 2: 00 p.m. SCOTT COUNTY HUMAN SERVICES Have applied for a grant to schedule immunization for children. Rotary donated money for a billboard to promote HIV identification. Working on relocating the workplace to Shakopee Mall. This location will bring a number of activities under one roof. August 1st occupancy. CITIZENS STATE BANK Brian Norris reports that two-lane drive-up expansion will start in two weeks. Bank will be hosting Meet the Board of Directors this July. This will be an opportunity for the public and others to present thoughts on meeting community banking needs. COUNTY EXTENSION OFFICE Dave Resch reports they are doing a survey on what the community would like in the way of services. This has to do with the future direction of Scott County. Kay Louis is working on training program. Another leadership program is planned. Carver/Scott Arboretum Day - free of charge to county residents - July 13th from 1: 00 p.m. - 8:00 p.m. GENERAL COMMENTS Speakers for June 1 meeting will be St. Francis Hospital. The Shakopee Mdewakanton Sioux Community is doing cultural sensitivity training. Maybe contact the Training Director to speak at meeting. Next meeting of the Shakopee Coalition is scheduled for June 1, 1993 in the Citizens State Bank Community Room at 4 : 30 p.m. Respectfully Submitted Brian Norris 00. TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 1, 1993 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4) Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8) Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 9] Approval of the Minutes: None 10] Communications: a] Tim Keane, Larkin, Hoffman, Daly & Lindgren, Ltd. , regarding SPUC substation site b) Lee Vickerman, Jaspers Moriarty & Walburg, P.A. , regarding Mielke cartway 11) Public Hearings: None 12] Boards and Commissions Recommendations: Planning Commission: a) Westridge Bay Estates II Preliminary Development Plan, located north of CR-14 along southern shore of O'Dowd Lake - Res. No. 3797 - tabled 5/18 13 ] Reports from Staff: *a) City Logo *b] Sale of Property to Dangerfield' s Restaurant *c] Temporary 3 . 2 Beer License Application - St. Mary' s *d] Liquor Law Violation - Jerry's Bar TENTATIVE AGENDA June 1, 1993 Page -2- 13] Reports from Staff continued: *e] City Parking Lot (Former Gene Brown Property) f] Downtown Alleys *g] Stop Sign Request - 5th and Sommerville h] Computerized Fuel Management System i] Rahr Malting Service Line *j ] Approve Bills in the Amount of $233 , 509. 78 k] Bond Issue Update - Verbal 14] Resolutions and Ordinances: *a] Res. No. 3805 - Directing Payment To ISD 720 *b] Res. No. 3806 - Accepting Bids on Valley Park 11th, Project 1993-10 *c] Res. No. 3807 - Approving Plans & Specs and Authorize Ad For Bids for 1993 Street Reconstruc- tion, Project 1993-7 *d] Res. No. 3808 - Resolution of Appreciation to Scott County *e] Ord. No. 356 - Amending City Code Sec. 3 . 10, Sewer and Water Hookups 15] Other Business: a] Set Joint City Council/Planning Commission/Community Development Commission Meeting b] c] 16] Adjourn to Wednesday, June 9, 1993 at 5: 00 P.M. Dennis R. Kraft City Administrator Upcoming Meetings: June 2nd at 5: 00 p.m. - Committee of the Whole/Budget Worksession June 9th at 5: 00 p.m. - Award GO TIF Refunding Bonds TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting June 1, 1993 1 . Roll Call at 7 : 00 P.M. 2 . Approval of May 4 , 1993 Minutes 3 . Othera)us e�^� i" u a�� &m ou i L 19,t412�'i� b) 4 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA MAY 4 , 1993 Chairman Beard called the meeting to order at 7 : 10 PM with Cncl . Vierling, Lynch, Sweeney, and Mayor Laurent present . Also present : Dennis R. Kraft, Executive Director, Karen Marty, City Attorney; Barry Stock, Asst City Administrator; and Judith S. Cox, City Clerk. Lynch/Vierling moved to approve the April 6, 1993 minutes. Motion carried unanimously. Mr. Stock gave a presentation on the rehab grant program application by John Perry. He stated this sign is acceptable as long as is not over 42 inches from the building face. Mayor Laurent stated it would be bad faith to deny these applications before the 90 day moratorium. Laurent/Lynch moved to authorize the appropriate HRA officials to execute a Rehab Grant Program agreement in an amount not to exceed $1, 224 . 10 by and between the Shakopee HRA and Mr. John Perry. Cncl . Sweeney did not feel putting up signs for buildings was a part of the program. Motion carried with Cncl . Sweeney and Vierling dissenting. Mr. Stock gave a presentation on the rehab grant program application by Paul Schwaesdall . Laurent/Vierling moved to authorize the appropriate HRA officials to execute a Rehab Grant Program agreement in an amount not to exceed $1, 084 . 00, with the provision that all of the work that will be performed comply with other applicable city codes, meaning the sign ordinance, to Paul Schwaesdall . Motion carried with Cncl . Vierling and Sweeney dissenting. Mr. Stock gave a presentation on the 90 Day Moratorium. Lynch/Laurent moved to place a 90 day moratorium on the acceptance of Rehab Grant Program applications submitted to the Shakopee HRA. Sweeney/Vierling moved to amend the motion and place a 180 day moratorium on the acceptance of Rehab Grant Program applications submitted to the Shakopee HRA. Motion carried unanimously. Mr. Stock gave a presentation on the downtown architectural vignettes . Lynch/Vierling moved to retain the services of Mr. Steve Cross to complete an architectural vignettes of ten blocks in the downtown Official Proceedings of the May 4, 1993 Shakopee Housing & Redevelopment Authority Page -2- area at a labor amount not to exceed $2, 500 plus reimbursable expenses. Mr. Kraft stated Mr. Cross would be dealing with colors, structures, signs, etc. Mayor Laurent stated there are two approaches to consider in getting design standards adopted: historical districts and through use of ordinances . Mr. Stock stated reimbursable hundred dollars be for film and other supplies, possibly Mr. Kraft stated to add as part of the action, reimbursement not to exceed a certain amount . Sweeney/Vierling moved to amend to retain the services of Mr. Steve Cross to complete an architectural vignettes of ten blocks in the downtown area at a labor amount not to exceed $2, 500 plus reimbursable expenses not to exceed $750 . Motion carried unanimously. Laurent/Lynch moved to adjourn. Motion carried unanimously. Chairman Beard adjourned the HRA meeting at 7 :40 PM. Dennis R. Kraft Executive Director Debra Zabel Recording Secretary Do\1 LARKIN, HOFFMAN, DALY& LINDGREN, LTD. PAUL B.PLUNKETT JAMES L. LARKINHFALAN L.KILDOW ROBERT DALY HOFFMAN ATTORNEYS A T L A W KATHLEEN M.NEWMAN JACK F.KENNETH MICHAEL B.LEBARON G.R LD H. RINDELL GREGORY E.KORSTAD AGERALD H.ULUG N GARY A.VAN CLEVE• JAMESAC ERICKSONRN DANIEL L.BOWLES C..DRIS TODD M.VLATKOVICH EDWARD J.DRISCOLL 1500 NORWEST FINANCIAL CENTER TIMOTHY J.McMANUS HE N.FULLER TIMOTHY J.KEANE JOHN T.E. 7900 XERXES AVENUE SOUTH ALAN M.ANDERSON ROBERT BOYLE BLOOMINGTON, MINNESOTA 55431-1 194 DONNA L.ROBACK FRANK I.HARVEY MICHAEL W.SCHLEY CHARLES MODELL TELEPHONE(612)835-3800 MICHAEL A.ROBERTSON CHRISTOPHERNR. EAI DIETZEN LISA A.GRAY JOHN H.FISHER FAX(612)896-3333 GARY A.RENNEKE THOMS FISHER SHANNON K.MaCAMBRIDGE THOMAS C.JACKMAN AN CHRISTOPHER J.HARRISTHAL MICHAELIE HACKMWILLIAM C.GRIFFITH,JR. JOHN E.WIER JOHN J.STEFFENHAGEN JON S.SWIERZEWSKI KI DANIEL W.VOSS THOMASAMES J. IN FLYNNNN MARK A.RURIK TODDJAMES P.FREEMANN JOHN R.HILL PETER1.. KJAMES K.MARTIN OE BECK THOMAS J.SEYMOUR HERL. SECK MICHAEL J.SMITH GERALD L. FREDERICK K.HAUSER III JOHN B.NOLAN MARY E.VOS DAYLE THOMAS B.H MPHREY, • LARRY 0.MARTIN .B.T TMPHREV,JR. JANE E.BREMER JOHN IC COTTER. MARCY R.KREISMAN BEATRICE A.ROTHWEILER MARIEL E.PIILOLA OF COUNSEL WENDELL R.ANDERSON JOSEPH GITIS `ALSO ADMITTED IN WISCONSIN May 12 , 1993 Mayor Gary Laurent and Members of the City Council City of Shakopee 129 South Holmes Shakopee, Minnesota 55379-1376 RE: Shakopee Public Utilities Commission - Substation Siting Dear Mayor Laurent and Members of the City Council : This letter is submitted on behalf our client, the Elmer Marschall Family. In mid-April, it came to Mr. Marschall ' s attention that the Shakopee Public Utilities Commission (SPUC) has undertaken plans to construct a substation on the Marschall property located on County Road 78 west of Marschall Road. The Marschalls are vigorously opposed to siting this facility on their property and further believe that there are several siting alternatives that do not pose the same potential for adverse economic, environmental, health, and social impacts . We respectfully request an opportunity to address this issue at the City Council meeting of June 1, 1993 . I will submit to you a letter outlining the issues prior to that meeting. In the interim, if you have any questions, please feel free to contact me at 896-3203 . Sincerely, Timothy J. Keane, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. cc: Elmer Marschall Karen Marty, City Attorney Lou Van Hout, Shakopee Public Utilities Commission ACTION REQUESTED: 1) Move to receive and file correspondence from Tim Keane dated May 12 , 1993. 2) Mr. Keane requested that this item be placed on the June 15th agenda. 0 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Mielke Cartway DATE: May 26, 1993 INTRODUCTION & BACKGROUND: Attached is correspondence from an attorney for Ms.Patty Goldberg regarding her property adjacent to the Mielke cartway. This issue was discussed extensively by the City Council in 1992. Since that discussion there has been some ownership changes which may or may not impact the request by Ms. Goldberg. Additional maps and information will be presented to the City Council in June, 1993. ACTION REQUESTED: Provide staff with the appropriate direction regarding Ms. Goldberg's request. DEH/pmp GOLDBERG JASPERS JEROME JASPERS,C.P.A. DENNIS PATRICK MORIARTY MORIARTY & STEPHEN W.WALBURG WALBURG,P.A. LEE V1CKERMAti DAVID G G. ANNE HEIMKES TUTTLE ATTORNEYS&COUNSELLORS AT LAW May 12 , 1993 City of Shakopee ATTENTION: David E. Hutton 129 Holmes Street Shakopee, MN 55379 RE: MIELKE CARTWAY Dear Mr. Hutton: This office has been retained by Ms. Patty Goldberg to look into the issue of how Mielke Cartway impacts the title to her property. From the information that Ms. Goldberg provided to me it appears that at one time the City of Shakopee was claiming Mielke Cartway for public use by virtue of the City maintaining the cartway as a public road. However, it is also my understanding that the City never acquired it's interest by resolution as set out in the statute. The City's current alleged claim clouds the title to Ms. Goldberg's property. You have indicated to Ms. Goldberg that the City is no longer maintaining the full length of Mielke cartway, and that the City has not maintained it's full length for the last year. Representations have also been made to Ms. Goldberg that no maintenance will be performed in the future. The City now only maintains Mielke cartway up to Peter Stemmer's property providing him access to County Road 42 . Mielke cartway as now maintained does not impact Ms. Goldberg's property and therefore, there is no public use. The City has abandoned that small part of Mielke cartway that cuts the southwest corner of Ms . Goldberg's property. We are strongly requesting the City of Shakopee to vacate that small portion of Mielke cartway that cuts Ms. Goldberg's land. Ms. Goldberg's title is now held in limbo because of the City's prior position. The easiest and most cost effective way for that cloud on her title to be removed is for the City to do the honorable thing and vacate that part of Mielke cartway that covers her land. The City's action will not landlock Mr. Stemmer nor any other party. Ms. Goldberg asks that this matter be placed on the agenda of the City Council for their consideration at the earliest practical date. 206 SCOTT STREET•SHAKOPEE,MINNESOTA 55379•(612)445-2817 BELLE PLAINE OFFICE•(612)873-2988 FAX NO.445-0812 City of Shakopee RE: Mielke Cartway May 12 , 1993 If you have any questions, please feel free to contact the undersigned. Very truly yours, IFER. , MORIARTY AND WALBURG, P.A. Ns,' • all—...i Lee Vickerman Attorney at Law LV: jt cc: Patty Goldberg Karen Marty - City Attorney 2 MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Proposed Planned Unit Development: Preliminary Development Plan For Westridge Bay Estates II DATE: May 28 , 1993 INTRODUCTION: At the May 18 , 1993 meeting, the City Council tabled their decision on the proposed Preliminary Development Plan for the Westridge Bay Estates II Planned Unit Development (PUD) . BACKGROUND: Exhibit A is a copy of the March 11, 1993 cover letter from Mr. Mike Gair of McCombs, Frank, Roos and Associates, Inc. on the proposed PUD, along with the ten different plans submitted by the applicant. A full sized copy of the Preliminary Development Plan has been attached to the memo (Sheet 4 of 10) . The applicant has submitted a letter, dated May 25, 1993 , which provides additional discussion on the seven requested variances (Exhibit B) . The applicant, with this letter, has also provided additional material on the development of Chessen property. This material was provided to the Planning Commission as well as the DNR in their review of the proposed PUD. For additional background information please refer to the May 7 , 1993 City Council memo on this item. DISCUSSION: Legal Aspects of the PUD Approval The Planning Commission recommended approval of the Preliminary Development Plan for Westridge Bay Estates PUD contingent upon the applicant receiving approval of eight detail plans in addition to other conditions. As recommended by the Planning Commission in Resolution No. 3797 the following plans would need to be approved by the Planning Commission prior to the approval of the final development plan: Condition No. Plan 10 Emergency Access Plan 11 Phasing Plan 12 Common Water Distribution Plan 17 Sewer Treatment Plan 18 Grading and Drainage Plan 19 Erosion Control Plan 20 Stormwater Management Plan 21 CR 79/CR 14/Vista Ridge Lane Interchange Redesign 1 The approval of other PUDs in the City has been made contingent upon an applicant receiving approval of similar types of detail plans. For example, other PUDs have required the approval of Street Lighting Plans, Phasing Plans, Sewer Plans, and Landscape Plans after the approval of the Preliminary Development Plan. Each PUD has developed its own set of detailed plans to address the particular design issues involved with the proposal . Many of the conditions required in the PUD process establish approval of the project contingent upon an application receiving further approvals on the more detailed items. Design decisions for complex or large projects such as PUDs need to be made in a logical and progressive order. Department of Natural Resources Review The comments from the Department of Natural Resources (DNR) on the proposed Westridge PUD were recently received by the City. Please refer to Exhibit C. On page 2 of the letter, under paragraph 9 . E. , the DNR stated that they will not support deeded access for non-riparian lots. Only lots adjacent to the ordinary high water level of O'Dowd Lake will be permitted to have docks by the DNR. Condition 8 . E. requires DNR approval of all the boat docks within the PUD. Variance to Reduce Building Setbacks on the Chessen Islands Exhibit D illustrates the two Chessen islands and the buildable areas as established by the required 100 foot building setback. The applicant is requesting that a variance be granted through the PUD approval process to reduce the 100 foot setback to 75 feet. The Planning Commission recommended that the variance reduction for setbacks be subject to DNR review and approval. Staff has further reviewed the variance setback request with the DNR. (See Exhibit C - Letter dated May 26 , 1993 . ) Although the setbacks from the ordinary high water level (OHW) would result in buildable areas that are somewhat non-rectangular shapes, the buildable areas for houses on the four lots are still quite large. The following table lists the approximate buildable areas for these four lots: Lot 15, Block 6 50' x 140' Lot 16, Block 6 80' x 100' Lot 6, Block 7 80' x 130' Lot 7 , Block 7 70' x 130' Based on the buildable areas identified above, both the DNR and City staff would recommend that this variance request to reduce the building setback for the four lots on the Chessen island not be 2 approved. Staff recommends that Condition 13 be revised to require that only twenty lots be platted on the peninsula and two islands. Emergency Access Plan The developer met with City staff recently to discuss requirements for the Emergency Access Plan (Condition 10) . The Fire Chief provided numerous comments on the development of this plan including the fire hydrant system requirements, bridge design, water storage for fire service needs, access to the lake for additional water capacity, parking of fire vehicles in emergency situations on the Chessen islands and the street design. Condition 10 recommends that this plan be approved by the Planning Commission prior to approval of the Final Development Plan. Planning staff will route the Emergency Access Plan to the appropriate departments and agencies for their review and comments. Staff will then forward the comments to the Planning Commission for their review and decision. Cul-de-sac Length The subdivision regulations limit cul-de-sac street lengths to 1, 000 feet in length in the rural service area. The developer is proposing a 2 , 650 foot permanent cul-de-sac street (Peninsula Point Road) in this PUD. The interim measurement of Peninsula Point Road would measure 3 , 100 feet until street access to the east is constructed. The high ground on the peninsula tends to be located toward the western end. There are two wetlands located in the isthmus of the peninsula. These wetlands, along with the narrowing of the peninsula limit the development of lots in isthmus. The developer is proposing to retain much of this area in common open space (Outlot E) . In 1992 , the City Council adopted an interim policy on cul-de-sac street lengths. This policy identified the 200 Average Daily Traffic (ADT) volume as one of the criteria in granting variances to cul-de-sac street length limits. Other criteria included street alignment and topography. This policy expired in September of 1992 . The applicant is proposing 21 lots to access onto Peninsula Point Road. The ADT generated by 21 homes would exceed the previous policy by 10 trips per day. The developer will need to reduce the overall development density by two lots in order to meet the density requirements established in the Zoning Ordinance (Condition 13) . Staff would recommend that at least one lot be removed from the peninsula to reduce the traffic volume to this 200 ADT level . 3 In terms of alignment and topography, the street is limited in its location. The developer has located the street along the center ridge of the peninsula. The alignment is generally straight except in the isthmus area. In this narrow area the street would be adjacent to approximately 500 feet of open space which -will not generate any traffic. Access to the Chessen Islands There are three alternatives in providing access to the two lots on each of the Chessen islands. The following list identifies these alternatives: 1. Public cul-de-sac streets on public rights-of-way. 2 . Private driveways on outlots owned and maintained by the homeowners association. 3 . Private driveways on private easements owned and maintained by the affected property owners only. The Planning Commission recommended the second alternative in Condition No. 1 . At the May 18 City Council meeting, discussion was made in preference toward the third alternative. The attached resolution reflects the Planning Commission recommendation. Ownership of Chessen Islands Attached as Exhibit E is a letter from Mr. Mac Willemssen, representing Larry Schlasinger. Mr. Schlasinger is the fee owner of the Chessen property including the two islands. The Chessens are purchasing the property on a contract for deed basis. Staff has reviewed this situation with the City Attorney. She has commented that in the subdivision platting process all parties holding an interest in the properties must sign the subdivision plat. Mr. Schlasinger, as the fee owner, would have to sign the plat and other development documents in order for the subdivision plat to be recorded. If Mr. Schlasinger does not sign these documents, the plat cannot be recorded. ALTERNATIVES: 1 . Approve the Preliminary Development Plan for Westridge Bay Estates II , subject to conditions. 2 . Modify the recommended conditions and approve the Preliminary Development Plan. 3 . Deny the Preliminary Development Plan. 4 . Table the decision for further information from the applicant and/or staff. 4 PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the preliminary development plan for Westridge Bay Estates II (Alternative No. 1) , subject to the following conditions: 1. A variance to Section 11. 03 , Subd. 3 , requiring frontage on a public right-of-say is approved for the four lots on the two islands (Lots 15 and 16 of Block 6 and Lots 6 and 7 of Block 7) . Private streets in Outlots maintained by a Homeowners Association will be required. The private streets must be constructed to meet City Code requirements. 2 . A variance to Section 12 . 07 , Subd. 1. B (f) is approved allowing Peninsula Point Road to be constructed as a cul-de-sac street up to 3 , 200 feet in length. 3 . A variance to Section 12 . 01, Subd. 3 is approved allowing the two islands to be split from the Chessen property. 4 . A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot size to one acre. 5. A variance to Section 11. 35 , Subd. 6 is approved to reduce the minimum lot width to 150 feet. 6 . A variance to Section 11. 35, Subd. 7 . B is approved to allow an impervious surface to be constructed less than fifty feet from the ordinary high water mark for the two private streets providing access to the two islands only. 7 . The vegetation adjacent to O'Dowd Lake is to be preserved in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark except for a maximum 4 foot wide path to private or common docks and any emergency lake access paths. No boat landings may be constructed in the PUD. A permanent survey monument pin and visible concrete marker (flush to grade) must be provided on each side of each lot at the 75 foot setback line from the ordinary high water mark. No permanent structures may be constructed in the 100 foot setback. 8 . The applicant must submit verification that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources approved the following items prior to preliminary plat approval : a. The Wetlands Mitigation Plan b. Dredging activities in O'Dowd Lake. c. Bridges providing access to the two islands. d. Residential development on the two islands. 5 9 . The applicant must obtain City of Shakopee approval for compliance with the 1991 Wetlands Conservation Act prior to approval of the preliminary plat. 10. An Emergency Access Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. Either a hydrant system or an emergency lake access for water trucks must be provided in this plan for fire services. The gravel should er width must also be addressed. 11. A Phasing Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. 12 . A Common Water Distribution Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. 13 . The number of single family residential lots is limited to a maximum of 62 . 14 . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit. 15. The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. 16. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. 17 . A Sewer Treatment Plan which contains a soils report with analysis by a qualified septic system designer must be approved by the Planning Commission prior to or concurrent with the final development plan. 18 . The preliminary Grading and Drainage Plan must be approved by the City Engineer prior to or concurrent with the final development plan. 19 . The Erosion Control Plan must be approved by the City Engineer prior to or concurrent with the final development plan. 20. The Stormwater Management Plan including the stormwater calculations must be approved by the City Engineer prior to or concurrent with the final development plan. 6 21. Approval of the preliminary development plan is contingent on the successful re-design of the CR 79 interchange with CR 14 and the proposed Vista Ridge Drive. 22 . 50 foot right-of-way dedication along CSAH 14 . 23 . No direct access from lots to CSAH 14 will be permitted. 24 . No trees or monuments will be permitted within the right-of- way of CSAH 14 . 25. No raising of water levels within the right-of-way of CSAH 14 will be permitted. 26 . Access from a County Road requires an approved County Entrance Permit. STAFF RECOMMENDATION: Staff would recommend that conditions 8 and 13 be amended to incorporate the following: 8 .e. Boat Docks. 13 . The number of singe family residential lots is limited to a maximum of 62 . The maximum number of lots on the peninsula and two islands shall be 20. The resolution has been revised to include this amendment. ACTION REOUESTED: Offer Resolution No. 3797 , a Resolution Approving the Preliminary Development Plan for Westridge Bay Estates II (Alternative No. 1) , and move its adoption. 7 RESOLUTION NO. 3797 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN FOR WESTRIDGE BAY ESTATES II. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Westridge Bay Estates II on May 6, 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 Development Plan of Westridge Bay Estates II, described on Attachment A attached hereto and incorporated herein, is hereby approved subject to the following conditions: 1. A variance to Section 11 . 03 , Subd. 3 , requiring frontage on a public right-of-say is approved for the four lots on the two islands (Lots 15 and 16 of Block 6 and Lots 6 and 7 of Block 7) . Private streets in Outlots maintained by a Homeowners Association will be required. The private streets must be constructed to meet City Code requirements. 2 . A variance to Section 12 . 07 , Subd. 1 . B (f) is approved allowing Peninsula Point Road to be constructed as a cul-de- sac street up to 3 , 200 feet in length. 3 . A variance to Section 12 . 01, Subd. 3 is approved allowing the two islands to be split from the Chessen property. 4 . A variance to Section 11 . 35, Subd. 6 is approved to reduce the minimum lot size to one acre. 5 . A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot width to 150 feet. 6. A variance to Section 11 . 35, Subd. 7 . B is approved to allow an impervious surface to be constructed less than fifty feet from the ordinary high water mark for the two private streets providing access to the two islands only. 7 . The vegetation adjacent to O'Dowd Lake is to be preserved in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark except for a maximum 4 foot wide path to private or common docks and any emergency lake access paths. No boat landings may be constructed in 8 side of each lot at the 75 foot setback line from the ordinary high water mark. No permanent structures may be constructed in the 100 foot setback. 8 . The applicant must submit verification that the United States Army Corps of Engineers and the Minnesota Department of Natural Resources approved the following items prior to preliminary plat approval: a. The Wetlands Mitigation Plan b. Dredging activities in O'Dowd Lake. c. Bridges providing access to the two islands. d. Residential development on the two islands. e. Boat docks. 9 . The applicant must obtain City of Shakopee approval for compliance with the 1991 Wetlands Conservation Act prior to approval of the preliminary plat. 10 . An Emergency Access Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. Either a hydrant system or an emergency lake access for water trucks must be provided in this plan for fire services. The gravel should er width must also be addressed. 11. A Phasing Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. 12 . A Common Water Distribution Plan must be approved by the Planning Commission prior to or concurrent with the final development plan. The homeowners association will be responsible for maintenance of the common facilities . The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. 13 . The number of single family residential lots is limited to a maximum of 62 . The maximum number of lots on the peninsula and two islands shall be 20 . 14 . The annual septic system inspection process financial guarantees and reporting system must be established and in operation prior to the release of the first building permit. 15 . The developer shall provide the City with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. 16. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. 9 17 . A Sewer Treatment Plan which contains a soils report with analysis by a qualified septic system designer must be approved by the Planning Commission prior to or concurrent with the final development plan. 18 . The preliminary Grading and Drainage Plan must be approved by the City Engineer prior to or concurrent with the final development plan. 19 . The Erosion Control Plan must be approved by the City Engineer prior to or concurrent with the final development plan. 20. The Stormwater Management Plan including the stormwater calculations must be approved by the City Engineer prior to or concurrent with the final development plan. 21. Approval of the preliminary development plan is contingent on the successful re-design of the CR 79 interchange with CR 14 and the proposed Vista Ridge Drive. 22 . 50 foot right-of-way dedication along CSAH 14 . 23 . No direct access from lots to CSAH 14 will be permitted. 24 . No trees or monuments will be permitted within the right-of- way of CSAH 14 . 25. No raising of water levels within the right-of-way of CSAH 14 will be permitted. 26 . Access from a County Road requires an approved County Entrance Permit. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Preliminary Development Plan and Development 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 10 EXHIBIT A 0McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North. Plymouth, M nnes_;a 55447 Telephore Engineers 612;476-60'0 Planners 611476-5532 FAX Surveyors March 11, 1993 Honorable Mayor Gary Laurent and Members of the City Council City of Shakopee 129 South Holmes Shakopee, Minnesota 55379-1376 SUBJECT: WestRidge Bay Company WestRidge Bay Estates II MFRA #10267 Dear Mayor Laurent and Council Members: On March 15, 1993, Gonyea Land Company will submit an application for a Preliminary Planned Unit Development and subdivision of approximately 171.5 gross acres, located in the western extremity of the City, north of C.S.A.H. 14 and on the south shore of O'Dowd Lake. On February 2, February 3 and February 16, Mr. Darrel Gonyea and I met with representatives from the Minnesota Department of Natural Resources and City Staff to review various aspects and details of the WestRidge Bay Estates II Development Plans. The City Staff and the DNR representative have been cooperative and accommodating. These efforts now cumulate with the March 15, 1993 formal application and request for City review. This letter provides a descriptive narrative of the proposed Planned Unit Development (PUD) , the merits of the PUD and a description of the Applicant/ Developer's planning requests, including variances. PLANNED UNIT DEVELOPMENT OVERVIEW The site fronts on County State Aid Highway No. 14 and extends north to the southern shore of O'Dowd Lake. The property is owned by the Schneider and Chessen families, the latter fee ownership consisting of approximately 5.17 acres. The Schneider portion of the PUD consists of approximately 166.3 acres; the gross land area is 171.5+ acres. The fee ownership includes approximately 42.37+ acres, below the Ordinary High Water Mark of O'Dowd Lake (945.2 elevation) . The area basis for land development density computations is 129.18+ acres. The PUD Plan and Plat includes 63 residential homesites and a total of 85.29 acres of water based open space, upland open space and wetland open space. The land based open space component is approximately 32.5 acres or 25% of the 129.18 acre land area. Ar Dual Op orun ty Employer Mayor Gary Laurent and Members of the City Council March 11, 1993 Page Two EXISTING SITE CONDITION The largest land portion of the development site is the former Schneider Farm (166.3 acres) . To a great extent, most of the land south of O'Dowd Lake has been pastured and cultivated. This gently rolling pastoral terrain easily accommodated agricultural practices. The steep wooded slopes adjoining the south shore of O'Dowd Lake remain in a natural undisturbed state. The northern portion of the property, approximately 26 acres consisting of the peninsula, is heavily wooded. In the southern central portion of the Schneider property is a wetland, with fringe tree and shrub vegetation on the northeast face. This wetland is the northern extremity of a major wetland, located south of C.S.A.H. 14. The central wetland represents the lowest elevation in the PUD land mass (935.0 feet) , with slopes rising to elevation 980 and 990, creating a prominent ridge line that separates O'Dowd Lake, elevation 944.4, from the central southern wetland basin. It is on this ridge at elevation 980, that the Schneider home and farmstead are situated. A soils and wetland delineation map, along with existing site conditions, have been provided to illustrate drainage patterns, slopes, woodland areas and hydric soils. In the process of measuring areas of soil types and correlating soils with 100 scale maps, our staff recognized several inconsistencies that resulted from the change in scale. These inconsistencies included peat soil mapping units on some ridge tops, and non-hydric soils mapping units in wetlands. Our staff Certified Professional Soil Scientist adjusted the soil boundaries on the 1 inch = 100 foot drawing to better reflect the relationship between topography and the soils mapping units. DENSITY CALCULATIONS The site utilization and proposed residential density of the property is premised on the calculation of housing units, based on net and gross acreage. Land area used in these calculations include 129.18 acres above the Ordinary High Water Mark, and 171.55 gross acres. The R-1 zoning district lot area requirement of 2-1/2 acres was the base lot size, for purposes of determining the number of proposed dwelling units. The Planned Unit Development allows for a maximum increase in density of 25%. The total possible residential yield, based on these calculations, is 64 - 82 dwelling units, net and gross acreage, respectively. The proposed plan consists of 63 prime homesites. PLANNED UNIT DEVELOPMENT ATTRIBUTES The flexibility afforded by the provisions of the PUD Ordinance appear particularily beneficial and appropriate to this site, for the following five reasons: Mayor Gary Laurent and Members of the City Council March 11, 1993 Page Three 1. Because of the multiple ownership and unique property boundary configuration, the Chessen property is best accessed and logically developed with the Schneider property. The planning of these two property ownerships as a single land unit is a benefit. Without the combination of the Chessen and Schneider property, the approximate 5.17 acre Chessen property would be "orphaned" and very difficult, if not impossible, to develop. Chessen has owned and paid property taxes on this valuable land for several years. 2. With regard to development compatibility, we have analyzed other developments in the area, both in the Township and City of Shakopee. We find that the proposed PUD is less dense than other developments, considering lot area and lake frontage per lot. We believe this proposal is compatible with area developments and the developer feels strongly the plan will not diminish or degrade other property values, based on density and lakeshore frontage. Specifically, the proposed plan includes lots an average of approximately 1.37 acres, with lakeshore frontage of 377 feet per lot. Comparing this with other plats in the area, we find smaller lot areas and lots with less lakeshore frontage. 3. The PUD provides for greater land use efficiency. This efficiency is gained by 63 1-acre lots and setting aside approximately 32.5 acres for common open space and 10.41 acres of wetland. In addition, approximately 42.37 acres of private lake bottom constitute water based open space with views and vistas of indisputable quality. We believe the efficiencies of this plan result in the preservation of land, wetland and water area open space. In fact, 29.4 acres of open space is directly attributable to the PUD and will be a benefit to future home owners. The road patterns are extremely efficient and the alignment was determined based on topographic features, views, vistas and, ultimately, lot accessibility. 4. The PUD protects important natural and cultural landscape features; the developer feels strongly that this PUD provides for the protection of important natural features. The state of Minnesota and the Federal Government have placed a high priority on the protection of wetlands. This proposal protects wetlands; furthermore, in the fringe areas of the wetlands, open space has been provided as an ecological transition buffer, prior to interfacing with zones of site development. The combination of knolls, slopes, upland and wetland areas provide for a great diversity of ecological habitat protection; a direct benefit of the Planned Unit Development. These areas are Mayor Gary Laurent and Members of the City Council March 11, 1993 Page Four mutually beneficial and significant to the ultimate environmental character of this development. These diverse ecological areas and the associated transition buffers will assist in habitat enhancement, preservation and provide valued aesthetic open space with wonderful views, vistas and areas of non-game wildlife habitat and for the common use and enjoyment of future homeowners. Open space has been provided along the north and south side of the primary access road, which extends out to the north peninsula. These two areas will provide common access to O'Dowd Lake and common boat docks. In addition to providing access to the lake, the adjoining wetlands and unique ecology are distinct from the central open space/wetland system near County Road 14. These areas provide unique lakeshore ecological communities. 5. The PUD successfully preserves more open space than would be possible without the Planned Unit Development and seeks to provide quality living and recreation environments. The Planned Unit Development provides for an additional 29.4 acres upland area, not otherwise available through conventional platting. This component of open space will provide for recreational enjoyment and important environmental transitions to wetlands. This PUD open space provides views to the south, west and east overlooking valuable wetland amenities for homes that do not have frontage or view O'Dowd Lake. We freely admit the 1991 Minnesota Wetlands Conservation Act severely restricts alteration and use of the approximately 10.4 acres of wetland; however, the Planned Unit Development provides for a substantial land area transitional zone between the wetlands and residential development. This transitional area, equaling 29.3 acres, is an amenity to the development and protective devise for the wetland resources. This buffer zone will allow for greater numbers of non-game wildlife and small game habitation. This open space amenity will provide not only valuable habitat, but also provide recreational enjoyment and a higher quality of living for future residents. One measure of living quality is the ability to commune with nature and appreciate the natural beauty and aesthetics of rural landscapes. "All things that love the sun are out of doors" (William Wordsworth) . It is an accurate statement that this Planned Unit Development provides approximately 22-23 percent additional land area for the use and enjoyment of future homeowners and for the protection and preservation of valuable natural resources. We believe this Mayor Gary Laurent and Members of the City Council March 11, 1993 Page Five element of the PUD is a substantial contribution to the protection of the natural landscape, the preservation of open space, and the enhancement of the living quality and recreational opportunities. This PUD will contribute to maintaining development compatibility with the surrounding environs and achieves greater efficiency of the land resource, while conserving natural resources. For the reasons cited above, the Developer seeks the PUD-provided credit of 40% of the requirements of Section 12.07, Subdivision 5, Subparagraph 4. This is a rural character plat with lots of 2 acre average area (128 acres divided by 63) . The Plan includes 32.5 acres of valuable open space. The park dedication requirements for urban development are vastly different from rural development and associated requirements. This request is responsive to the five conditions noted in the Ordinance. The Planned Unit Development seeks the following variance requests: 1. Length of cul-de-sac; 2. 75 feet versus 100 feet structure setback from the OHW, involving the 4 lots on the extreme northern edge of the peninsula; 3. Lot width of 150 feet versus 200 feet, within the shoreland district; and 4. The provision of two private driveways, accessing the four north- point lake lots. The Planned Unit Development Ordinance addresses variance restrictions on Page 312-8. Of the four restrictions listed, only "A" pertains to this request; stating "no variance shall be negotiated, which in any way violates fire and safety codes of the City". The City of Shakopee has a requirement that no cul-de-sac shall be longer than 1,000 feet. The proposed cul-de-sac measures 2,400+ feet. The proposed right-of-way is 60 feet and the road surface will meet City design criteria. The cul- de-sac provides access to 21 homesites. Because lot frontage is 150 feet minimum, the cul-de-sac only provides access to a limited number of homesites with relatively few daily trips (10 ADT/dwelling unit equals 210 ADT) . A standard cul-de-sac length is between 500-600 feet and might accommodate 15-16 dwelling units. The issue of health, safety and welfare on a cul-de-sac of 2,400 feet with 21 homesites is not substantially degraded from other urban or rural township subdivision standards or platted conditions. It should be noted that approximately 800 feet of the 2,400 foot cul-de-sac fronts open space; the cul-de-sac "length is diminished" by this dimension. Mayor Gary Laurent and Members of the City Council March 11, 1993 Page Six It would appear there are comparable cul-de-sac lengths on properties around O'Dowd Lake, where land form, shoreland configuration, ownership or other unique circumstance warrant a variance. Access to the four north-point lake lots, via private access easement, is a preferred alternative to public roadway right-of-way, simply because a private gravel driveway will be much less intrusive to the physical environment and is aesthetically more appropriate. SUMMARY Darrel Gonyea respectfully requests the City of Shakopee give favorable consideration and development approval, to this 63 lot, single-family residential Planned Unit Development. We recognize that City approvals are subject to environmental review, watershed approval, county highway access permit issuance, provisions of the Minnesota Wetland Conservation Act, and the Minnesota Department of Natural Resources. The subdivision layout is responsive to the physical features of the land, and does not contemplated any negative wetland encroachment. It is conceivable that wetland enhancement may occur, over time, as a result of this development and the change in land use from agricultural to rural residential. The two private access easements servicing the four north-point lake lots will require a DNR Change of Access permit. It is the Developer's contention that the placement of the proposed 63 homesites, relative to natural features and the preservation of open space, will provide a quality living environment and for diverse wildlife and non-game habitat. The extent and location of open space will provide protection for natural resources and usable quality open space of aesthetic and recreational advantage to homeowners. Virtually all residential homesites will have either direct or indirect access to the lake, via common open space and common dock facilities (refer to the Development Plan for common dock sites) . We believe the lake, wetlands and upland open space will enrich the quality of life and provide recreational opportunities which are greatly enhanced through the provisions of the Planned Unit Development. Finally, both entrances from C.S.A.H. 14 will be marked with lighted masonry entrance monuments and willbe appropriately landscaped to announce the entry and to establish an identity for the new community. Some stratigically placed site landscaping may be installed, in addition to picnic tables in the upland area overlooking the central basin. Site grading will be limited to that necessary for road construction. Individual lot grading and site construction will be reviewed by an Architectural Review Committee, including Mr. Darrel Gonyea. Covenants and lot development restrictions will be incorporated with the Planned Unit Development to insure architectural and aesthetic controls and to provide private property outside storage restrictions and fence placement; the Mayor Gary Laurent and Members of the City Council March 11, 1993 Page Seven primary purpose of such covenants will be to sustain property investment and maintain aesthetic quality. The developer may require a unified mailbox design, adding further to the identify and design continuity of the development. It is contemplated that homeowners desiring to occupy this community will have a common commitment to the environment and an appreciation for the lake, wetlands, woodlands and the general rural character and ecological integrity of these valuable natural resources. The associated attendant lot covenants and restrictions will be a reminder of this commitment. Darrel Gonyea is also the developer of a property west of the subject property, platted as WestRidge Bay Estates. It is a 16-lot subdivision with entrance monuments. This proposed Planned Unit Development is a neighboring property and is visible to and from WestRidge Bay Estates; the City of Shakopee can be assured that Mr. Gonyea's commitment to the area is for quality responsible development, to protect the investment of future homeowners, and to create a residential community which will be a source of pride for the City of Shakopee. Kindest regards, McCOMBS FRANK ROOS ASSOCIATES, INC. / ij Michael JGait MG:jmk cc: Lindberg Ekola, City Planner Darrel Gonyea, WestRidge Bay Company R-06C- CTS iz�wf ,� cj tv '-jam- L54. Pup l i+ ' S cv 1 EXHIBIT B May 25, 1993 Mr. Lindberg Ekola City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Mr. Ekola: The following items are in response to your request to substantiate in a short, concise manner the basis for the variances requested in the Planned Unit Development for Westridge Bay Estates II . This summary is based on information presented to the Planning Commission. The variances referred to in this letter are those variances A through G. in Paragraph 2 of Considerations on Page 2 of the May 7, 1993 Memo for the Proposed Planned Unit Development of Westridge Bay Estates II as presented to the City Council May 18, 1993 and listed as follows : A. Section 11 . 03 , Subd. 3 , requiring frontage on a public right-of-way. Four lots have been proposed on the two islands which would not have frontage on a public right- of-way. Access would be provided on two access easements located on proposed private property (Lots 15 and 16, Block 6, and Lots 6 and 7 , Block 7) . B. Section 12 . 07, regarding Design Standards for Subdivisions, Subd. l .B (f) , to construct a cul-de-sac in excess of 1, 000 feet in length. The applicant is proposing to construct a cul-de-sac over 3 , 100 feet in length beginning at the northern edge of Westridge Drive, going east on Vista Ridge Lane, and to the northern end of Peninsula Point Road. C . Section 12 . 1, Subd. 3 regarding the split of the Chessen property. The applicant is proposing to split the two islands from the Chessen property to the east and connect them with the Schneider property in the PUD. The portion of the Chessen property to not be included in the PUD is less than 500 feet in width and less than 20 acres . Page 2 Mr. Lindberg Ekola City of Shakopee D. Section 11 .35, Shoreland Zoning District, Subd. 6, regarding minimum lot size of 2 . 5 acres . The applicant is proposing a minimum lot size of 1 acre, as per Section 11 .40 .C . , regarding Planned Unit Developments, paragraphs 2 and 3 . E . Section 11 .35, Shoreland Zoning District, Subd. 6, regarding a minimum lot width of 200 feet . The applicant is proposing to construct lots at only 150 feet in width. F. Section 11 .35, Shoreland Zoning District; Subd. 6, regarding the required building setback of 100 ' from the O.H.W. The applicant is proposing a minimum setback of 75 feet for Lots 15 and 16 of Block 6, and Lots 6 and 7, Block 7 . G. Section 11 .35, Shoreland Zoning District, Subd. 7 .B. , to allow an impervious roadway surface less than fifty feet from the O.H.W. for a private drive and the proposed Peninsula Point Road. Variances A, C, F, and G relate to the Chessen Property. The Chessen Property situation is described in Exhibit A of the D.N.R. request dated March 5, 1993 attached hereto. REASONS FOR VARIANCES Variance A. The applicant applied for Changes of Access to D.N.R. D.N.R. and the Planning Commission preferred this access approach versus the previous access, but D.N.R. did not want wetland filled. There is no other way to access these lots . Variance C . Although the Chessen Property tax statement shows 26 . 1 Acres, the property was physically split when the D.N.R. designated the ordinary high water mark at 945 .2 . The applicant requests that the City split the parcel accordingly. Variance F. Houses could be built with the 100 ft setbacks but they would be small and not maintain the high standards of other houses on the Peninsula. 75 ft would give the builder flexibility. General Development Lakes such as Prior Lake have a standard 75 ft . setback. Variance G. This is the only logical way to access the Peninsula and there is no other way to access these lots . Page 3 Mr. Lindberg Ekola City of Shakopee Variance B. The cul-de-sac provides access to 21 homesites . Because lot frontage is 150 feet minimum, the cul-de-sac only provides access to a limited number of homesites with relatively few daily trips (10ADT/dwelling unit equals 210 ADT) . A standard cul-de-sac length is between 500-600 feet and might accommodate 15-16 dwelling units . The issue of health, safety and welfare on a cul-de-sac of 2, 650 feet with 21 homesites is not substantially degraded from other urban or rural township subdivision standards or platted conditions . it should be noted that approximately 800 feet of the 2 , 650 foot cul-de-sac fronts open space; the cul-de-sac "length is diminished" by this dimension. It would appear there are comparable cul-de-sac lengths on properties around O 'Dowd Lake, where land form, shoreland configuration, ownership or other unique circumstance warrant a variance. Variance D. This is the standard lot size authorized, as per Section 11 .40 .C . of the Planned United Development Ordinance. Variance E . This is the standard lot width authorized as per Section 11 .40 .C . of the Planned Unit Development Ordinance. Sincerely, WESTRIDGE BAY COMPANY Darrel E. Gonyea President • Y J 1 r • r.:•. tite. 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'''...' .::-'4-:;,•;,•:;::: '• t-• z` • a:- ....::...:1:--...-.-'. . .. :.— ,. -,.5„, E---r- • _ ; .? ` • • f f. � ?� 1 . `1 :"fit. • • ' �: ;- .`� _ - ��_ �' • f i s �� .i'. - •, , _ .„ . tom.j"r ,• 9 :: t • f fj • t „ .•,..,.•••• (� y • _ •tr, I ; .1',.:4 3 s -i t �t r tip ' f (, 4`� i to Lt % >, . • • o Y.. ! t 'yi F' '! .. : . • • ' Al-rAci f Pa cm Fe-cW\ /4h - Co Y"CA— z /q6i) EXHIBIT A This project is needed to change the access road to the land parcels to conform with good and sensible planning. The two tax parcels are shown attached hereto and are identified as the Schneider Parcel and the Chessen Parcel . The Schneider Parcel consists of 158 .41 Acres and the Chessen Parcel consists of 26 . 10 Acres for a total of 184 . 51 Acres . (See Tax Statements) With the designation of the O.H.W. at 945 .2 the total number of acres "taken" for O 'Dowd Lake from these two owners is 33 . 51 Acres . For the last 100+ years, the owners of the Schneider Parcel have accessed their land by traveling over the portion of land between the large peninsula and the small peninsula. For the last 100+ years, the owners of the Chessen parcel have accessed their land on the two small peninsulas from the Eastern side of O 'Dowd Lake traveling across the "Cattle Road" to reach the Western small peninsula. As the lake rose over the years, the "Chessen Parcel" road was filled to accommodate the access . (See Aerial Photo) With the designation of the O.H.W. at 945 .2 , this project is needed to change the Chessen Parcel access by eliminating the access from the Eastern side of O'Dowd Lake and eliminating the "Cattle Road" fill area and replacing it with the access as requested. In addition, if the accesses to the Chessen parcel are not allowed to be changed it will cause unbearable financial hardship on the Chesser family (See letter from Mrs . Chessen) . 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MN 55379-1389 _ I 27-33 LEGAL DESCRIPTION • ..;• .. 1990 1991 • 30 115 22 158. 4 --- ; pRcP_"TYc,Ass FARM NON-HSTD . FARM NON - NEI /4 SWI/4 , S1 /2 SWI / 4 f• iNa ;MPPoVEMENs: LOT *3 I MARKET VALUE: 149 , 200 149 , 2 158 . 40 ACRES ! C . A . 85 , 100 25 , 1 ' •=` "' TAXPAYER NAME AND ADDRESS GERTRUDE SCHNEIDER 12610 N SHANNON DR SHAKOPEE PIN 55379 • • 1. Amount to use in filling out your Property Tax Refund Form M-1 PR, if Eligible 2. Amount to use in filling out Schedule 1 of form M-1 PR. if eligible If This Box is Checked. You Owe Delinquent Taxes r YOUR PROPERTY TAX • 3. Your Property Tax Before Reduction By State-Paid Aids And Credits 3 , 196 . 44 3 , 6A 4. Aid Paid By State To Reduce Your Property 1 , 241 . 82 1 , 3 5. Homestead And Agricultural Credit . . 302 . 14 41 ' 6. Other Credits That Reduce Your Tax . . . . . . . . . . . . 00 7. Your Property Tax After Reduction By State-Paid Aids & Credits 1 , 6 5 2 . 4$ I WHERE YOUR PROPERTY TAX DOLLARS GO • -"B. County . . 607. 66 6 7 1 9. City or Town . . . 150. 94 2 I 10. School District . . . 720 815. 66 ?0 • 11. Special Taxing Districts 78 . 22 COUNTY WIDE 21 . 80 COUNTY WIDE 24 . 02 ,' TRANSIT DIST 56 . 42 TRANSIT DIST 58 . 70 12. Total Property Taxes Before Special Assessments 1 , 652 . 48 1 , 2 7.• 13. Special Assessments Added To This Property Tax Bill . 00 14. Your Total Property Tax And Special Assessments . . . 1 , 652 . 48 1 , 87 FAY THIS AMOUNT NO LATER THAN MAY i5 1991 93; PAY THIS AMOUNT NO LATER THAN OCTOBER 15, 1991 93` PAYMENT STUB 2 I PROPERTY NUMBER PAYMENT STUB 1 i PROPERTY NUt,, PAYABLE 1991 i PAYABLE 1991 . 227-970003-027-930 ' _ MAIL TO: MAKE CHECK PAYABLE TO: THOMAS E. MUELKEN SECOND HALF TAX THOMAS E. MUELKEN FIRST HALF i SCOTT COUNTY TREASURER SCOTT COUNTY TREASURER 428 SOUTH HOLMES $ a 7•? + 0 0 j 428 SOUTH HOLMES $ 9 T COURTHOUSE- 101 COURTHOUSE- 101 SHAKOPEE. MN 55379-:389 SHAKOPEE. MN 55379-1389 DUE OCT 15 DUE MA TO AVOID PENALTY PAY TO AVOID PENALTY PAY SECOND HALF TAX ON OR BEFORE FIRST HALF TAX ON OR BEFORE ALL UNSIGNED AND/OR POST DATED CHECKS WILL BE RETURNED. ALL UNSIGNED AND/OR POST DATED CHECKS WILL BE RETUR T/P TIP ^ . ^r1 •'.r7 4-. •'7,.. >.Pµ1_ I ..:arch 1, 1993 To whom it may concern, In January of 1988 my husband ..ene Chessen and myself made a decision to move back to Minnesota after being E one for over twenty years. ';Je found some beautiful property on Lake C 'Dowd in _aa :oDee . It had everything we were looking for wildlife, water and serenity. up in the 50s my parents owned a restaurant oh main stree _ in Shakopee . ::Je lived in the apartments above. Those were fond memories for me as I made alot of friends there . After a fire that destroyed our apartment and restaurant we moved t„ the out skirts of Shakopee and opened Jacks Truck Stop . ookin.L back I always thought of Shakopee as home . The _and we purchased on Lake O 'Dowd has been a large investment for us . The cost of the property was $250 , 000 . Je put ?57, 000 down . =here is a balance of $193, 000 for which we pay X12 intrest only. Cur monthly payment is $1, 930 .00 . We have 5 years remaining on the note . Times have been hard since we moved back to '..innesota. I 've developed Rhumatoid Arthritis so I have not been able to work. Gene has started a new business and with economy it has not been easy . If two islands become unbuildable this will impose an extreme ficial hardship as it will probally devalue our remaining property to less then the balance owed.. It is our hope that we will still be able to build our retirement dreg.:. house or one o' the islands . Thank You, ene Ardella Ohessen _0 i ulosauulW ':>adoaol,g ......,.N 0.u...:° _... . 11 aluls3 Aug aePWIsoAI X11 „...4.-1: :..cs i ,�,1 133HS 31111 ,.. 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May 24 , 1993 Mr. Lindberg Ekola City Planner City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 RE: Westridge Bay Estates II P.U.D. . Dear Mr. Ekola: I have reviewed the plans for the proposed Westridge Bay Estates Second Addition and offer the following comments for consideration. Please accept my apologies for the delay in responding to you. Overall, I think the preliminary development plan is a good one; sensitive to the wetland and shoreland amenities throughout the site. I will attempt to structure my comments item by item consistent with the proposed Resolution No. 3797 I received from you along with your May 7, 1993 memorandum to City Administrator Dennis Kraft. Conditions #1 - 5 . I have no additional comments to add. Condition #6 might include conservation easement requirements to ensure a buffer of natural, unmanaged vegetation between the private drive and O'Dowd Lake to provide both water quality benefits and visual screening from both Lake O'Dowd and other lakefront lots . Condition #7 addresses #6 . I like the requirement. Condition #8 A. No mitigation is required for work in DNR- protected wetlands (O'Dowd Lake) . Impacts below elevation 945 . 2 ' are being addressed through the DNR permit process. The developer has agreed to excavate the old "cattle crossing" referred to as Area H on sheet #5, as part of DNR permit application #93-6154 . #8 B. See #8A. above. At this time there is no application to dredge additional lake areas. Future excavation in the lake bed will require DNR approval. #8 C. DNR permit application for bridges to two islands is pending. At DNR request, the applicant has revised plans from culverts and fill to two bridges. Fill and/or abutments must be above elevation 945 . 2 ' . AN EQUAL OPPORTUNITY EMPLOYER Mr. Lindberg Ekola, City of Shakopee May 24 , 1993 Page (2) #8 D. I can accept two lots per island provided septic systems can be properly sited and meet required septic system setbacks. Two suitable drainfield sites should be provided for each lot. #9 E. Boat docks can be utilized by each individual property owner. We have had discussion with the developer regarding common mooring areas in outlots D and F to accommodate navigation and mooring for lake front lots during low water areas. This was to ensure that when water levels are low, common dockage, rather than a network of individual dredged channels, could be provided. I do not support deeded access for non-riparian lots, nor would the DNR entertain an application for a docking permit for non-riparian lots. This is contrary to the developer's request (last paragraph of Mr. Gonyea's April 27 , 1993 letter to you) . Condition #19 . I suggest the Scott County Soil and Water Conservation District be provided the opportunity to review an erosion control plan. Other general comments I have are: 1. some of the plan sheets contain a typo. The lowest floor level should be three feet above the OHW of 945 . 2 ' , not 845 . 2 ' , and 2 . silt fence should be installed and maintained along the lake shore and wetlands within the development to protect water quality. Thank you for considering DNR input. Overall it looks like a reasonable plat. I want to stress that the DNR is opposed to deeded access for non-riparian lots. O'Dowd Lake, particularly the shallow bay on which this development is proposed, is not conducive to intense surface water use. A public access is available for those off-shore properties to use the lake. Agreeing to smaller and narrower lots already increases the number of potential docks and boats on the lake. Please call me, if you have any questions. S� e el , Patrick J. ynch Area Hydrol .gist c: Darrel Gonyea Scott SWCD DNR METRO REGION 6 TEL :612-772-7977 May 26 93 16 : 52 No .016 P .01 STATE OF tAt 1EZOv� DEPARTMENTTr OF NATURAL RESOURCES METRO WATERS55106 a 1200 Warner Road, St• Paul, FILE NO. , PHONE NO. 772_7910 May 26 , 1993 Mr. Lindberg Ekola City of Shakopee 129 East Holmes Street Shakopee, Minnesota 55379 RE: WESTRIDGE BAY ESTATES II P .U.D. Dear Mr. Ekola: • � you and our May 25 As a follow-up to my May 24 , 1993 letter to • telephone conversation, I am providing you with additional comments Estates II P.U.D. . regarding the proposed Westridga_ Bay has requested building setbacks of 75 ' from understand the applicant er elevation (OHW) of Lake O'Dowd for the the ordinary high understanding four island lots, rather than the required 100 ' . My understanding of is the reasons for the request is to allow greater separation the two building sites, and to allowhae building ui di gion nenv sloe that tf ould d llow flexibility in regards to required 100 ' setback can be reasonably met, I would like to see it. I would not oppose a building setback of 75 ' if restrictive covenants are in place that would is d enand f ere traofl natural unmown or earth tone colors for the homes on those , de vegetation within 50 ' of the shore. Selective e cutting wide to p p Vide access to a dock would be reasonable; perhaps lots in septic variance should be considered for the septic ste son any l locations n the proposed development. In considering on the island lots, the driveway locations should also be considered. In regards to my comments about staprovitshoreland rules which the ng lake access and dockage for non-riparian lots, the revised 1 , 1994 , provide City of Shakopee is required to adopt by Septemberide non-riparian guidance for controlled access lots used by lot owners. based upon Enclosed is a section from the DNR modeloollednance,access lot issue. state shoreland rules , addressing increases in frontage on As you can see, the intent is to requireosed dock or mooring space the controlled access lots for each proP beyond six. For Lake O'Dowd, which has a lake ce zebtonshore length space of roughly 50 to 1, each mooring P ld require an increase in lot width at the OHW of 25% . AN EQUAL OPPORTUNITY EMPLOYER SNR METRO REGION 6 TEL :612-772-7977 May 26 93 16 :53 No .016 P .02 Mr. Ekola May 26, 1993 Page Two (2) .t is not yet administering the new shoreland rules, Although the city you so that the City may I wanted to sstandinq. new rules with recognize our Please call me if you have further questions. Si erelY/ Pa'� ick . nch III Area Hydrol•gist c: Darrel Gonyea _ .^i. - e • ":NR METRO REGION 6 TEL :612-772-7977 May 2616 :54 No .016 -awe�{ ordinary high water level and at the building line. The sewer lot area dimensions in Section 5.12 can oly be used if publicly owned sewer system service is available the property. Vg. R. Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also meet the following standards: ,�,_ (1) each building must he set back at Ieast 200 feet from the: ordinary high water level; .� (2) each building must have common sewage treatment an•d - 11 water systems in one location and serve all dwelling units in y. - the building; _--- _ _ (3) watercraft docking facilities each lot must be centralized - ; in one location and serve all dwelling units in the building; `-; a and (4) no more than 25 percent ofa lake's shoreline can be in duplex, triplex, or quad developments. C. On., cottage guest may be allowed on lots meeting or exceeding <;. the duplex lot area and wrchdimensions slerSections ,--�- 5.11-5.13, provided the following dare met: . . (1) forolots guest cotta e minimum located withinnthelsmallles! lots, the guest t T. z 't duplex-sized lot that could be created including the princil-:ii dwelling unit; .-74 . 2) a guest cottage must not cover more than 700 square feet of ( land surface and must not exceed 15 feet in height; and :,��-`4 (3) a guest cottage must be located cr designed to reduce its visibility as viewed from public waters and adjacent th<<ck� or shorelands by Vegetation, topography, 7s,,.... color, assuming summer lent-on conditions. D. Lots intended as controlled accesses to public waters or as •,,.•-: � recreation areas for use issibble and must meet arowners of iexclots eed the following subdivisions are perm following standards: i 't. (1) they mol lotsmeeand be suitable for tthe width and size heuintended uses of restdcntia , controlled access lots. - (2) If docking, mooring, or over-water storage of more than six . (,) watercraft i- to be allowed at a controlled tthcess k �h tht It the width of the lot (keeping the same lotdepth) increased by the percent each w telrcraftbeyond six, consiste'ntt �� uirements for riparia residential lots for with the following table: •f' l9 . raR.• METRO REGION 6 May 26 93 16 :54 No .016 P• TELs� ti. C.ontrollcd AcCess Lot Frontage Requirements Required increase Ratio of lake site in frontage to shore length3074/, (percent) actes/mile) =` ' Less than 100 25 &Dowel 0 , 01 15 • .mac • 4 201-X00 10 .., 301-400 • 5 . . . Greater than 400 .. .r. (3) theymust • be jointly owned by all purchasers of lots in the S . subivision who y alle pts of ri riparian access rights arian lots ton the .�•, subdivision are providedP ys. _,_ access lot; and (4) covenants or other equally effective legal instruments must he developed that specify which lot owners have authority ta, d what activities are allowed.ins��eot"a:�-u �» ~2 use the access lot an. activities may include watereraftTriev must,altio include oilier �` , beaching, mooring, or docking. outdoor recreational activities that do not significantly eco joy with general public use of the public waterth . � enjoyment of normal property rights by ltd}qac,.. property enjry6. -.:,.- include covenants n,s ' '- ` owners. Lxam�les of the nonsignificant activities r., ,v,-,... inclaadc swimming, su[tbath g, : : must limit the total number ofer�aft allowed to venicies allowed be parked 14.p���� and the total number of waters. continuously moored,� adxon of all commcked, or storedon facilities�ttncl K� =='. must require centralization a.iz activities in the most suitable locations n thehey lot also minimize topographic and vegetation alterations. require all parking areas, storage buildings, and other ., . vegetation or tonography as much facilities to be screened by g : as practical from view from the public water, assuming • ., summer, leaf-on conditions. =. 5,2 � Placement, Design, and Height of Structures• • ` an t t Placement of Structures on Lots. When more relothan o� se back . applies setbacks. a site, res andefacilities m be altered without to Where structures exist on the adjoining lots on both sides of'` -,--1...- water �• '^ structure setbacksmay, proposedabuilding site, . ' in site is not located in a shore � .�Y`_ variance to conform to the adjoining setbacks from the ordinary htg va ter provided the proposed building -7:z1:: -:.-,-,-,-- .:••4.:impact level, zone or in a bluff impact zone. Structures shall be locatedas `� __x: follows. . ♦ j: • /� its. t -4; -' f I 6 . Soil percol EXHIBIT D -oS • ` • ; ' t9 . / y :. til • f t be performe 1. • guit_pAGLc ARrpc 4 -':" Pr4 • ;fp F I , 1 4 -7:"- - ' rold.! �• t11 \ • 5O1 . : t_ 0 -r- i . est 4. i Xigv Vii , 1 i'-' iftp.,-,)," 77.-7,. arr, 2 ./,1 , / .f tll.Nlli1/4una .. 4/44111.1.0---""'Alr,.,:.)/ 4 kr, /Pr ....1017,...... .,,___ ri- 1.________::_s,,, - - _: _.,.�.'_s. /:, r4' `': j: \ \. 11 p , Nt!..7,1\ ; . ; 2,1 S-- ac_iitz ,,,, 20' NIDE ACCE .' -,: =.:.s ±.N. - \ ?f EASEMENT FOR -.. -�-^ PRIVATE DRIVENA - '- 4,0 v........7 1 • • .r.. . .,, ,.... 7 A0P, ti _ 1, I. (4 W .� I- ��T f LIUBH � • D(Typo V) c = a� \s„,:f.:.,..„.••,::-:•-• : y W' N V �' _ 1 } 944 - ... gift. jimi) - . ` i31f *64 1142,111 k'&f--/cJk77'Z (....",• • 2, PEMC (Type III) i ev-40 t \ '- t WE:51. 04 Meg , // ..-1.111111r:11P. : . I ' ; : / . \ .. T511140 1 I I /,fi C! ,y. . � J1 LIUBH - 1 + (Type V) : , -A1: _ '� ., ► -t �. . - .QEif/t� _ - - __ ! 1r_--s y W N ` ± 4001.0100101 04 Jf te ' i t r f44, r i 1 t. Los".0 e/ r ri PEMC l ; - (Type III) � ► �M j `v -1 je \ _ ` 1 ` `` a • I` 1 7 f�AV: Y�. )11 1 4 ' � _ telt' j t i/ . LIUBH 'c . � ' sA. ►� (Type V) 1 '':.1'--'-';..:' •'. . 7, ---..ti !I vdte.4%,-.1%-, : 1/ . ,.._:,-..:-- }.. -5.14.:~i1-; , . -ft �� �� I 2 '1acv _, , -41,,, , i ., „ .4 : .). ‘%,.‘t- -✓� 4R-t‘ • �`� .,„ f - - ` WETLANDS TYPE '} I`�s `\ - ll . \ it'''•"� ►Ir�t II \\ • DNR OHW ELEV FA ', \ —20. WIDE ACCESS EASEMENT \l'i f�;A/ - .e s j` g CORPS OF ENG" FOR PRIVATE DRIVEWAYS ` r� ' x I i i NZl i^ - i ` , ! u l 1, 13 LC AQ1 x W 4I/`SP Lb T -1 I NORTH ` v l3o, rS� 1 fi0,� '�,. -7 0 ••• e / - t4, +`fir i - 0 50 1 I 7 /44EAST etleisrAl \ • .....______.. Ipsuoico— • .• EXHIBIT E MELCHERT, HUBERT, SJ0DIN & WILLEMSSEN WACONIA ONIA OFFICE PAUL A.MELCHERT ATTORNEYS AT LAW OF 155 LUKE MELCHERTWATERTOWN OFFICE DAVID P.HUBERT 112 SECOND STREET WEST KEITH E.SJOOIN P.O.BOX 67 955 1404 MAC R.WILLEMSSEN CHASKA,MINNESOTA 55318 NORWOOOOFFICE R.LAWRENCE HARRIS TELEPHONE(612)448-3121 467-2976 TIMOTHY J.LOOBY FACSIMILE (612)448-6282 BRADLEY W.SOLHEIM J.MICHAEL MELCHERT May 21, 1993 Zoning Office City of Shakopee Shakopee City Hall Shakopee, Minnesota 55379 Gonyea Company, Inc. 50 Groveland Terrace Minneapolis, Minnesota Re: "Chessen Islands" Gentlemen: Our office represents Larry Schlasinger, the fee owner of certain property designated as "Chessen Islands" on a proposed plat for development being submitted to the City of Shakopee by Gonyea Company, Inc. Mr. thatSchl theseer has wo islands nds indicated were apparently included at the proosed plat and within this description and boundaries. Please be advised that Mr. Chessen is purchasing the property on a Contract for Deed from Mr. Schlasinger and that there has been no release given for these islands and it is Mr. Schlasinger's intent, as well as his interpretation of the Contract, that no nueh such partial release would be given, save for the final payment the terms of the entire Contract for Deed. I bring this to your attention so as to avoid potential embarrassment and problems with any type of premature platting not involving Mr. Schlasinger's participation. I enclose with this letter a copy of the Contract for Deed.. Very u - . . .el; (; ---------_ a• R. Willem sen MRW/lle enc. CO1\jSENT iso) MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City Logo DATE: May 25, 1993 INTRODUCTION: The City Council has finalized the tag line for the new City logo. On May 18, 1993 Council directed staff to have the logo redesigned to accommodate a more simplified skyline which would include a church steeple, Rahr Malting and a bridge. BACKGROUND: On May 19, 1993 Councilor Beard and staff met with Scott Leonard - Marketing Arts to discuss the City logo design. Shown in attachment #1 is the new City logo which incorporates the changes offered by City Council at their last meeting. Shown in attachment #2 is the logo design presented at the last meeting. I would like to recommend that City Council approve the proposed City logo as submitted. ALTERNATIVES: 1 . Move to approve the City logo design as submitted. 2 . Do not approve the City logo as submitted. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to approve the use of the new City logo as submitted. Attachment #1 1.4 I 4.1 4 4Pimi1111 4 1 0 CI) 1 Attachment #2 .114 1 4.1 1 1 1milli I COkISENT MEMO TO: Dennis R. Kraft, City Administrator b FROM: Barry A. Stock, Assistant City Administrator RE: Sale of Property to Dangerfield' s Restaurant DATE: May 24, 1993 INTRODUCTION: On April 6, 1993 the City Council moved to support the sale of a strip of land 60' long and 13' wide to Dangerfield' s Restaurant to accommodate the construction of a deck on their building. BACKGROUND: Dangerfield' s Restaurant has received a conditional use permit and variance to construct a deck on to their building. In order for Dangerfield' s to proceed with the deck construction they would need to acquire the 60' x 13' parcel adjacent to their building. (See attachment #1) A purchase agreement has been prepared to facilitate the proposed land transaction. The property will be conveyed to Dangerfield' s Restaurant utilizing a quick claim deed. The proposed sale price for the property equates to $3 . 00 per square foot . (Total sale price - $2, 340 . 00) The purchase agreement also specifies that the buyer will be responsible for all costs associated with the land transaction including closing costs, recording fees, State deed tax and abstract costs. Staff believes that the proposed sale price per square foot is consistent with comparable land sales of similar character. Staff is therefore recommending that the appropriate City officials be authorized to execute a purchase agreement by and between the City of Shakopee and Mr. Ghassen Khwice for the sale of 780 square feet of property located adjacent to Dangerfield' s Restaurant . ALTERNATIVES: 1 . Move to authorize the appropriate City officials to execute a purchase agreement and other necessary documents by and between the City of Shakopee and Mr. Ghassen Khwice to facilitate the sale of 780 square feet of property located adjacent to Dangerfield' s Restaurant for the sum of $2, 340 . 00 . 2 . Do not authorize the appropriate City officials to execute the purchase agreement . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to authorize the appropriate City officials to execute a purchase agreement and other necessary documents by and between the City of Shakopee and Mr. Ghassen Khwice to facilitate the sale of 780 square feet of property located adjacent to Dangerfield' s Restaurant for the sum of $2, 340 . 00 . SHAKOPEE MILL POND ELEV. = 702.0 1/24/93 r -- E D t^ i rte - _ - - ____ 5' SETBACK FOR-) PROPOSED WALKWAY W./REMOVABLE RAIL 1 ACCESSORY I II r it 1I STRUCTURES 1 I I I I ; . I { \ PROPOSED PR( �1'� � PROPOSED -{7 PURCHASE 6C I • �- DECK .4.----- . I F EXISTING PROPERTY I EXISTING BUILDING a t I a"-- -5' SETBACK FOR eACCESSORY •e-- 19.5-- J; STRUCTURES I16.5--,- ' kSHRUBS' €":4-5_,..1)'°'7"--SHRUBS LIGHT PINE x UNIPER 7POEL719.9 / �/ H H Q.. . /..-:, Cf.) I. ../'''.-T., ,,-- - - ''''''''.-.--'... --''''...'----7:....,,,,,,:7_,_ . � o <_,,..,,, o / o Z </ /722 �� PROPOSED LIGHT. ,, APPROX. LOCATION ONLY. / __ 4• I iI i { W vi 1.1 Q W W N W--"-- -:_.r>/ U L V JS W N N N W fm N N 05 ai / N w CONSENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Cler}�' SUBJECT: Temporary 3 . 2 Beer License St. Mary's Church DATE: May 27 , 1993 INTRODUCTION AND BACKGROUND: St. Mary's Catholic Church has made application for a temporary 3 . 2 beer license for their annual summer event on June 26th and 27th, 1993 . Their application is in order. RECOMMENDED ACTION: Move to approve the application and grant a temporary non- intoxicating malt liquor license to St. Mary's Catholic Church, 535 So. Lewis for June 26th and 27th, 1993 . CO SENT I TO: Dennis R. Kraft, City Attorney ! , FROM: Tom Steininger, Chief of Police SUBJECT: Liquor Law Violation DATE: 05 12 93 INTRODUCTION: On 01 30 93 , beer was being displayed at Jerry' s Bar in violation of City Code. BACKGROUND: On 01 30 93 , Sgt. Kaley observed beer being displayed and consumed at Jerry' s Bar 124 South Holmes St. at 1: 40 a.m. This is in violation of Section 5. 02 , Subdivision 7, paragraph a of the Shakopee City Code which reads in part: . . . . It is unlawful for any on-sale licensee to permit any glass, bottle or other container containing more than a trace amount of beer, wine or liquor (in any quantity) to remain upon any table, bar, stool or any other place where customers are served, more than thirty (30) minutes after the hour when a sale thereof can legally be made. " The bartender, Tina Lynn Menke was charged with violating this section. She appeared in Court on 04 26 93 , pled guilty and paid a $50. 00 fine and a $7 . 50 surcharge. ALTERNATIVES : 1. Initiate Council action against Jerry' s Bar for illegal display of alcoholic beverages. 2 . Warn Jerry' s Bar about illegal display of alcoholic beverages. 3 . Take no action on this case. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Direct the appropriate city officials to arrange a hearing before the City Council for the purpose of taking action against the license of Jerry ' s Bar for allowing beer to be displayed after hours on 01 30 93 . cc: City Attorney CO3ENTIN) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: City Parking Lot (Former Gene Brown Property) DATE: May 25, 1993 INTRODUCTION: Staff is requesting authorization to prepare plans and specifications for constructing a parking lot on the former Gene Brown lot on 2nd Avenue, between Sommerville Street and Lewis Street. BACKGROUND: On April 15, 1993, the City of Shakopee purchased the former Gene Brown property on 2nd Avenue, between Sommerville Street and Lewis Street. Staff is requesting authorization to design a parking lot on this property. The design could be coordinated with the alley project and constructed under the same contract. Prior to expending staff time and services on this project, City Council concurrence is desired. ACTION REQUESTED: Move to direct staff to prepare plans and specifications for constructing a municipal parking lot on the former Gene Brown parcel, located on 2nd Avenue between Sommerville Street and Lewis Street. DEH/pmp PARKING ' 3 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Downtown Alleys DATE: May 25, 1993 INTRODUCTION: Attached is a request from Shakopee Public Utilities Commission's (SPUC) consultant, HDR, to provide engineering services for the Downtown Alley Project. BACKGROUND: On April 20, 1993, the City Council of Shakopee held a public hearing to consider the downtown alley reconstruction and electrical undergrounding project. At the conclusion of the public hearing, the City Council ordered plans and specifications prepared for this project. This project will be funded by a combination of SPUC fund, City funds (T.I.F. Reserves) and special assessments to the downtown properties. The alley reconstruction portion of the project will be designed utilizing in-house Engineering staff. SPUC has determined that their electrical consultant, HDR, should do the undergrounding design. Staff is currently preparing a Memorandum of Understanding between the City and SPUC to cover all facets of this project: design, construction, funding, etc. But because a portion of this project is to be assessed, the Utility Manager has expressed a desire for the City to be the lead agency for this project and that all contracts be signed by the City. Upon final completion of the project, the City could then assess the prorated portion of all engineering costs(based on the final construction costs) and SPUC would reimburse the City for their share of the engineering and construction costs. Attached is a proposal from HDR Engineering for the electrical design for City Council consideration. Even though the contract would be with the City of Shakopee,the Utility Manager would be reviewing and approving the HDR plans directly. Mr. VanHout has approved of the attached agreement. ALTERNATIVES: 1. Approve of the HDR agreement with the City signing the contract. 2. Inform SPUC that the City would prefer not to execute any contacts with their consultant, but rather they should be the contract signer. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached contract with HDR to provide engineering services to design the electrical undergrounding for the Downtown Alley Project No. 1993-9 at an estimated fee of$55,000.00. DEH/pmp ALLEYS May 17, 1993 Mr. David E. Hutton IDA Public Works Director City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Re: Shakopee Alley Project Dear Mr. Hutton: This letter is in response to a meeting HDR Engineering had with SPUC staff, people from your staff and Barry Stock on May 7, 1993, concerning the above project. We were requested to send you a letter outlining our proposal for engineering services. The following is our proposed scope of work for the project: 1. Work with SPUC's staff to determine what problems will be encountered in converting the electrical services in the alleys to 120/208 volt and assist them in making the final decision on what distribution voltages will be used. Construction costs, operating costs and maintenance costs will be reviewed. 2. Coordinate the electrical distribution system conversion in the alleys with U.S. West and the cable T.V. company. 3. Design and layout an underground electrical distribution system for Blocks 22, 23, 24, 25, 29, 30 and 31 in downtown Shakopee. This will include the conversion of all services to underground. The design and layout will follow SPUC guidelines and will handle present and future load growth. 4. Advise and provide technical information to the City Engineer's staff in order for them to acquire easements for cable and equipment as required by SPUC. 5. Develop two sets of specifications and drawings to go out for bid. One set will cover the installation of all SPUC owned equipment such as duct work, cable, transformers and secondary termination cabinets. The second set will cover the normally owned consumer equipment from the termination cabinets to the building and will include the cable and meter socket con- version on the building. 6. Develop the proper bidding documents, perform bid evaluation and contract award for the above two contracts. 7. Provide the needed construction management once the contracts are awarded until the project is closed out. It is assumed on-site inspection will be done by SPUC and/or City staff. HDR Engineering, Inc. 300 Parkdale 1 Building Telephone 5401 Gamble Drive 612 544-7741 Minneapolis, Minnesota 55416-1518 Mr. David E. Hutton May 17, 1993 Page 2 . . . At this time, we assume the main duct work, primary cable, transformers and secondary termination cabinets will be able to be installed this fall . The service conversions and the retirement of the overhead facilities will be done in the spring of 1994. We propose this work be done on a Time and Expense basis for an estimated maximum of $55,000 with our fee calculated as described in the attached Exhibit A, Form 0185-A. Also included is a copy of our Standard Terms and Conditions for your records. If this proposal meets with your approval , please have the appropriate party sign below and return a copy of this letter to us. As in the past, we look forward to working in Shakopee with you and SPUC on this project. Respectfully Submitted, HDR Engineering, Inc. Aoir ;de, George A. Little, P. E. Enclosures cc: Mr. Lou VanHout, Shakopee Public Utilities ACCEPTED City of Shakopee By: Date: HDR ENGINEERING, INC. 300 Parkdale 1 Building 5401 Gamble Drive Minneapolis, Minnesota 55416-1518 FEE CALCULATION Compensation for engineering services shall be the sum of the following: 1 . The product of the total net labor multiplied by 2.25; plus 2. Reimbursable expenses. The total net labor cost is the net hourly labor cost of personnel assigned to the project multiplied by the number of hours expended on the project by these personnel . The net hourly labor cost is annual salary divided by 2,080 plus allowances for vacations, paid holidays, sick leave, company contributions to Social Security and employee retirement programs, insurance, workmen's compensation, unemployment compensation and other fringe benefits. Premium pay for overtime will not be charged unless the overtime work has been authorized in advance by the client. The reimbursable expenses to be billed are as follows: 1. Traveling and subsistence costs incurred on behalf of the project at cost. Mileage for personal car use will be billed at $0.28 per mile. 2. Telex and long distance telephone charges and shipping charges at cost. 3. Specifications, reports and plans reproduction at cost. 4. Cost of computer time at the rate of $10.00 per hour for PCs. For other computer facilities, the billing rate will be based on the cost of computer time for the facility used. 5. Sales, use, excise and other similar tax which is or may become applicable to fees for engineering services at cost. 6. Computer aided drafting machine time will be billed at the rate of $15.00 per hour plus the normal operator billing rate as defined above. The compensation provided in this schedule shall be calculated and billed each month as the work progresses; and shall be paid to the extent that our firm has been authorized to proceed, even though the execution of the work be abandoned or suspended in part or in whole, in which event the compensation shall be calculated to the date of such abandonment or suspension. A 1-1/2% per 30-day period interest charge shall be assessed to all progress payments more than 30 days outstanding. Form 0185-A Exhibit "A" CONCENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Dave Nummer, Civil Engineer SUBJECT: Stop Sign Request- 5th and Sommerville DATE: May 18, 1993 INTRODUCTION: Staff has received a letter requesting stop signs be installed on 5th Avenue and Sommerville Street from Mary Keohen of 918 Sommerville Street . BACKGROUND: On March 9, 1993 Council ordered staff to perform a warrant study to determine if stop signs are warranted at 5th and Sommerville . Staff has completed the study. The warrant study focuses on traffic volumes and accident rates in the study area. The traffic volumes at 5th and Sommerville currently do not warrant stop sign installation. The accident rate in the area exceeds the minimum for warranting signs . Attached please find a copy of the warrant study analysis. Of the six accidents within the last 12 months, five have involved north-south (on Sommerville) traffic hitting east-west (on 5th) traffic. This would indicate the east-west traffic should be stopped with signs . In addition, the north-south street has a higher traffic volume and should be given the right of way over the lower traffic street . Additional concerns are a church and two elementary schools in the area, which produce high pedestrian traffic volumes . There is also a sight distance problem on the west side of Sommerville Street due to the school building on the south side and parked cars and trees on the north side partially obstructing sight lines . Staff also feels traffic volumes on Sommerville Street may increase with the completion of the Minibypass later this year. As part of the Minibypass Project, a new traffic signal will be installed on 1st Avenue between Sommerville Street and Spencer Street . Morning rush hour traffic desiring to get on to the Minibypass will probably use Sommerville Street for access, while evening rush hour traffic will use Spencer Street . Sommerville Street is currently classified as a local street, not a collector, hence large traffic volumes would not be desirable . Staff feels placing stop signs on Sommerville at 5th may encourage traffic to use Spencer Street, rather than Sommerville Street, to reach the commercial area near downtown before cutting over to Sommerville Street . ALTERNATIVES: 1 . Install stop signs on 5th Avenue at Sommerville Street . 2 . Install stop signs on Sommerville Street at 5th Avenue. 3 . Install a four way stop at Sommerville Street and 5th Avenue . 4 . Do not install any stop signs at Sommerville Street and 5th Avenue. RECOMMENDATION: Staff feels installing a four way stop at Sommerville and 5th will help to alleviate the accident problem in the area, as well as protect pedestrians and limit the amount of traffic on these local streets. Based on the accident history alone, some type of traffic control at this intersection is warranted. Therefore, staff recommends Alternative No. 3 . ACTION REQUESTED: Move to install a four way stop at Sommerville Street and 5th Avenue. iL MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR SUBJECT: COMPUTERIZED FUEL MANAGEMENT SYSTEM DATE: MAY 25, 1993 INTRODUCTION Staff is requesting authorization to purchase a computerized fuel management system. BACKGROUND The 1993 Public Works Budget contains $25, 000 in the Capital Equipment Fund for the purchase of a fuel management system. An automated, fuel management system will provide a higher level of security and service for the management of fuel and vehicles . Staff has solicited quotes for a fuel management system and the quotes are summarized in Attachment No. 1 . Basically, the top 3 quotes are essentially equal as far as the cost goes, but each system is slightly different in regards to the hardware features and software capability. In reviewing the package for each system, staff feels that the Gas Boy system (with Micro chip keys) would be the system that would best suit the City' s needs and also has the software capability to add other features, such as a vehicle maintenance management program, etc. The total cost of this system as submitted by Westside Equipment is $24, 830 .48 with tax. In regards to funding this system, Attachment No. 2 is a memo from the Finance Director indicating that a fuel surcharge of $ . 05 per gallon could be added on for the non-City users (i .e. SPUC and ISD 720) , but that it would not be beneficial to add this surcharge to City users. The current gas usage by SPUC and ISD 720 is about 27% of the total gas used and if a surcharge is utilized approximately $6, 700 would be generated to fund the system. ALTERNATIVES 1 . Award the quote to Westside Equipment . 2 . Award the quote to another vender. 3 . Deny the request and reject all bids . RECOMMENDATION Staff recommends Alternative No. 1 . ACTION REQUESTED 1 . Move to authorize staff to purchase a fuel management system from Westside Equipment for a total cost of $24 , 830 .48 . 2 . Direct staff to add a fuel surcharge in the amount of $ . 05 per gallon for gas used by SPUC and ISD #720 for a period of 10 years. ATTACHMENT NO. 1 COMPUTERIZED FUEL MANAGEMENT SYSTEM BIDS BIDDERS NAME TOTAL BID MODEL COMMENTS 1. Arris Fueling System, Inc. $22 , 800 Arris Touch Screen Minneapolis, MN Computer 2 . Zahl Equipment $23 , 217 Gas Boy Card System Minneapolis, MN 3 . Westside Equipment $23 , 315 Gas Boy Micro Chip/Keys Medina, MN 4 . The Hentges Co. $56, 842 RFC-2000 No keys, cards or Minneapolis, MN Tank Tech touch screen Corp. computers. Uses microprocessors in each vehicle fuel tank. ATTACHMENT NO. 2 TO: Dave Hutton, PW Director FROM: Gregg Voxland, Finance Director RE: Fuel Surcharge DATE: May 21, 1993 Reference your memo dated may 20, 1993. At this time I would recommend that the total cost of the fuel management system not be recovered by a surcharge because we do not have an internal service fund operation for this and because the General Fund uses most of the fuel. The General Fund would be charging itself for the surcharge. The question then becomes whether Council wants other users to bear part of the cost of the system or whether it is just another factor in the give and take of inter agency cooperation. SPUC uses about 25% of the fuel and ISD 720 uses about 2%. If there is a surcharge, it would be about $.04 per gallon for the fuel management system alone and plus about another $.01 for maintenance. This is based on a ten year life for the system. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Rahr Malting Service Lines DATE: May 27, 1993 INTRODUCTION: Staff is requesting authorization to expend funds to design the Rahr Malting service line and inverted siphon utilizing a consultant . BACKGROUND: On May 11, 1993 the City Council of Shakopee discussed the Rahr Lift Station and Forcemain Project . At that time, the City Council directed staff to prepare plans and specifications for the service line and inverted siphon that would serve Rahr Malting in lieu of a lift station. The City Council directed staff to assess the cost for the construction of this line but to defer the cost until such time as the wastewater treatment plant is constructed. In order to do this project, some agreements need to be drafted with Rahr Malting and the City Attorney is currently drafting those agreements . Rahr Malting also has to waive their right to a public hearing prior to ordering the project . The forcemain portion of the project has already been designed and is ready for bidding. Because the service line and inverted siphon portion of the project are located on private property, will involve numerous permits from the Chicago Northwestern Railroad for crossing their line and to keep the costs of this segment completely separate from the public forcemain, staff is proposing to utilize the City' s sewer consultant, Short-Elliott-Hendrickson (SEH) , to complete this design. SEH is very familiar with Rahr' s internal piping and with the proposed difficulty in serving Rahr Malting in the River Interceptor. Attached is a proposal received from SEH regarding completing these engineering services . As indicated in the proposal, the estimated cost for this portion of the project would be $13 , 000 . 00 . These costs would be included in the total project costs that would be assessed against Rahr Malting and deferred. ALTERNATIVES: 1 . Accept the proposal and authorize staff to utilize SEH to design this inverted siphon and service line for a not-to- exceed estimated cost of $13 , 000 . 00 . 2 . Reject the request . RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached agreement with Short-Elliott-Hendrickson, Inc . to perform engineering services associated with the Rahr Malting inverted siphon and service line for an estimated cost of $13 , 000 . 00 . DEH/pmp SEH • T' 4455725 P. • *la a 1611 grAgEf . 26, 199, RE: Sh.ik'p:r. �.iinr:csota t Rater Maitin7 S';phon David F. City i:.-z .''I!( Work( ,ii kop !e Nt\ . :--_ •I t.D e t ��•'c ;�r. . . .. . . ht: proposa.': for preparation of pians and specifications catioas for construction ot iv.erd syphon l , i• con `.' process water southerly from Rarr ; tr:jeCt .i Si 1C< t _ 'tend from the south side of Rahr Maltimt'c 350.0013-gallon the inverted syphon woui.d connect the 72•' • drawings , >i: and specifications in accordance with ..td other per:rtict. .::�-�'requirei.teats- Upon completion of the s ,,, piai"I. 3t] • co.iz estimate :' the project based on the completed drawings .._ prepared. We will� ftirni h '� sets� ? . r; s .t plans and specifications for City and _i;f3C'^r hiding purposes. We will p: t.;r_ a proposal form, notice to bidders. • v:�}!City line !.)tet ..-n:n and evaluating bids =;^•a awarding contracts for C • onst uct • •'- r ir f =, it pleparation of the contract agreement to the extent :ir pio.ide assist9n e to til'•'. Ciz: d i c71nstr • - -:true::ort phase. SF H �H :�-�phase the }e�. I Make .(j t c cite at inrt rvs s approp;ta:e io the various stages of con.-'. T observe • a:i exper:ccced and qualified design professional the progress andq i ti- t ...int. p ogres.. ;:y?tv of 1 .:,:kited work of the Contractor(s), and to ;'ter;• Inct ' - in �enrrai. if such w r- • i�;oc ding in accordance ;irh the Contract Documents. cEshall not b; reyti >,-;e _. •:-: ' - �:.' ,. - or co-- ! ,?Vs un ;itsit:S �1C;t[;1nc t,. cher-lc the quail`:- or yuarttity of � , v I Soli shall not icr the _r ea itr, ,t. •d techniques. sC e s, ytt n� ,, .0 es :f construction se cr_d by the (-r` ; ' the safety precautions and anis .ici :nta! to the work of the Cons.;.- ::",;rtc will be directed toward providing a greater degree of confidence for ; . ,--acted work of the Contractor will conform to thc Contract Doeueie-tt .. .. . sponsible for the Contractor's :ii;+re to perform the cons rturno•n 'he Contract Documents. ... ru PFt-3'VA PA _S,Vrr MA©ISON WI L TO 4456718 P. F-.riE FFOM SEH-HPL'= David E. Hutton May 2.6, 1993, Page 2 During such visits and on the basis of SEH's on-site observations, SEH will keep the CITY informed of the progress of the work and will endeavor to guard the CITY against defects and deficiencies in the work of the Contractors. This obligation does not include anything related to safety. It is agreed that safety matters are Contractor's responsibility. SEH may disapprove work as failing to conform to the Contract Documents. 2. Review samples,schedules,shop drawings,the results of tests and inspections,and other data which the Contractor is required to submit,but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. Such review shall not extend to means, methods, sequences, techniques, or procedures of construct-ion or to safety precautions and programs incidental thereto. SEH shall receive and review (for general content as required by the specification), maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection which are to be assembled by the Contractor in accordance with the Contract Documents. 3. Consult with and advise the CITY, act as the CITY'S S representative at the Project site, issue all instructions of the CITY to the Contractor, and prepare routine change orders as required. 4. Review the Contractor's Application for Payment, determine the amount owing the Contractor and make recommendations to the CITY regarding the payment thereof. SEH's recommendations are based on on-site observations as experienced and qualified design professionals.The recommendations by SEH constitute a representation to the CITY that to the best of their knowledge, information, and belief, the work has progressed to the point indicated on said application and the quality of work is in accordance with the Contract Documents, subject to the results of any subsequent test called for by the Contract Documents and any qualifications stated in his recommendations. 5. Conduct a site visit to determine if the project is substantially complete and conduct a final site visit to determine if the work has been completed in accordance with the Contract Documents. Such site visits may include representatives from the CITY and/or other involved governmental agencies. If the Contractor has fulfilled all of his obligations, SEH may give written notice to the CITY that the work is acceptable for final payment. 6. SEH shall not be responsible for the acts or omissions of any Contractor, or of any subcontractor or supplier,or any of the Contractor(s)'or subcontractor's or supplier's agents or employees or any other persons (except SEH's employees and agents) at the site or otherwise furnishing or performing any of the Contractor's work; however, SEH shall not be released from liability for failure to properly perform duties and responsibilities assumed by SEH in the Contract Documents. Further,SETH shall not be responsible if conditions at the site of the work are different than tc conditions predicted following general observations at the site, review of existing plans and records made available to SEH by the CITY for the specific site and review of soils data resulting from formal soils investigation programs undertaken.SEH shall endeavor to provide FRnm P TO 446716 P.04 David E. Hutton May 26, 1993 Page 3 the CITY with construction plans, specifications, and contract documents that conform to site conditions identified during site investigations, but it is recognized that unknown conditions may exist that cannot be discovered until complete site excavations are made and that SEH does not bear the responsibility for their discovery or for additional construction costs that may result from the unknown conditions. Not included in our scope of work would be soil borings if necessary, easement description preparation, resident project representation, construction staking, preparation of record drawings, preparation of assessment rolls, or other services not specifically related to the design process and assistance to your field personnel during the construction phase. We estimate that our fee, based on a 2.24 multiplier of the payroll cost plus customary expenses and equipment utilization reimbursement,will be $10,000 for preparation of plans and specifications and assistance during bidding, and 53,000 for construction phase services. It is agreed that the scope of work can be adjusted during the course of the project to serve the needs of the City. We would expect to start our services promptly after receipt of your acceptance of this proposal and to complete the design phase within four to six weeks, subject to permitting utility and agency cooperation. Other than as cited in this letter proposal, our work would be in accordance with Sections II, IV, and V of the Agreement for Engineering and Planning Services Between the City of Shakopee, Minnesota, and Short Elliott Hendrickson Inc. dated the 15th day of October, 1991 If the foregoing is acceptable, please sin both copies of this letter and return one for our files. Sincerely. Short Elliott Hendrickson Inc Daniel R. Boxrud. P.E. yrnb Approved: City of Shakopee, Minnesota BY: Gary L. Laurent, Mayor 0M EH- TO 4456718 P.05 F=7, S Mak 26, 1.. .93 Page 4 BY: - Dennis Kraft. City Administrator BY: _-- Judith S. Cox, City Cicri: ' 3 . CONSENT There are no anticipated "budget versus actual expenditure" problems within division totals apparent at this point (5/27/93) for the 1993 budget. Attached is a print out showing the budget status as of 05/27/93 for 1993 based on data entered as of that date. S7- 0, CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 0 11 MAYOR & COUNCIL 0 69,140 2,890 20,027 29 12 CITY ADMINISTRATOR 252,920 13,399 85,255 34 13 CITY CLERK 112,370 8,457 39,091 35 15 FINANCE 267,370 21,469 79,934 30 16 LEGAL COUNSEL 155,820 11,449 46,091 30 17 PLANNING 293,510 15,252 81,037 28 18 GENERAL GOVERNMENT BUILDINGS 114,160 9,819 42,161 37 31 POLICE 1,307,140 84,045 550,129 42 32 FIRE 805,820 7,604 61,928 8 33 INSPECTION-BLDG-PLMBG-HTG 161,754 10,138 49,937 31 41 ENGINEERING 332,280 18,497 88,622 27 42 STREET MAINTENANCE 683,896 18,659 175,615 26 44 SHOP 148,120 6,873 42,000 28 46 PARK MAINTENANCE 315,940 20,554 75,795 24 48 REFUSE COLLECTION 513,550 44,067 164,369 32 61 POOL 150,300 6,698 11,507 8 64 RECREATION 198,540 13,474 69,402 35 91 UNALLOCATED 126,240 85 10,328 8 TOTAL GENERAL FUND 6,008,870 313,429 1,693,228 28 17 PLANNING 360,860 48,631 125,551 35 TOTAL TRANSIT 360,860 48,631 125,551 35 12 CITY ADMINISTRATOR 64,870 6,729 19,102 29 TOTAL HRA 64,870 6,729 19,102 29 00 N/A 889,400 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 889,400 0 0 0 CI Z 0 r 4, 4, w Cri 0 • V ' FOr COao r 0% CO 0% UI w N r O p r coo a� 0 I- r r r r r r r r r r H r r .O .o %o .O .O •O •O %O •O .O •O H H %0 .O va = x1 rz1 .o .o %0 •O .o o .o •o •o .o .o .o •o la .o %0 ma 0 w w w wwwwwww w w w la la w w \ O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 PS VI 1.0 VI VI VI VI VI VI Vr VI VI VI VI 0C am \ \ \ \\\\\\\ \ \\ \ \ \ \ \ a ] r 1-.. 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O Co '0 -J VI N O N 0 0 C\ 4., V V V W VI VI kO F-' V C7I VI 4, VI VI O N VI F-' 0% Vt 0% VI VI ON • V CI N 0 4, 4, 4, 0 0 V VI V V 0 V 0 0 • 0 CO 0 0 N o' H 0 0 Co 0 V+ til 0 VI 0 0 V .b 9 00 (D H J `160 CO2SENI TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Ladbroke Payment DATE: May 20, 1993 Introduction The City has received payment from Ladbroke pursuant to the agreement of reducing the assessor's market value for the track. Background Part of the agreement dated October 13 1992, to reduce the assessor's market value of the track was that Ladbroke would make a additional payment directly to the City. The intention was that the extra payment would go to ISD 720 as an effort to "keep them whole" with respect to the original flow of funds to ISD 720 as a result of the referendum. The City has received $51,933 pursuant to the calculations spelled out in the agreement. I do not believe that there is any agreement or contract in place to provide for the remittance to ISD 720. Therefore, the attached resolution provides for such payment. Alternatives 1. Keep the funds. 2. Remit to ISD 720. Recommendation I believe it was the intention of the Council to remit the funds to ISD 720 and therefore alternative number 2 is recommended. Action Requested Offer Resolution No. 3805 A Resolution Directing The Payment Of Certain Funds To ISD 720, and move its adoption. Resolution No. 3805 A Resolution Directing The Payment Of Certain Funds To ISD 720 Whereas, the City of Shakopee and Ladbroke Racing Canterbury, Inc. have entered into an agreement to reduce the assessor's market value of Canterbury Downs and, Whereas, part of said agreement provides for an additional payment to the City and, Whereas, it was the intention of the City Council that the additional payment would be remitted to ISD 720 in order to mitigate the impact of the reduction in assessor's market value on ISD 720, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that any payment received directly by the City from Ladbroke Racing Canterbury, Inc. pursuant to the Payment Assurance And Security Agreement dated October 13, 1992 shall be paid to ISD 720. 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 b. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Valley Park 11th Addition, Project No. 1993-10 DATE: May 25, 1993 INTRODUCTION: Attached is Resolution No. 3806, which accepts bids and awards the contract for Valley Park 11th Addition, Project No. 1993-10. BACKGROUND: On March 16, 1993 the City Council of Shakopee ordered the advertisement for bids for Valley Park 11th Addition. This project as petitioned for by the developer, Valley Green Business Park, and consists of new street, sanitary sewer and watermain in the Industrial Park. The project will be 100% assessed to the developer. On May 6, 1993 sealed bids were received and publicly opened for this project. A total of 9 bids were received and are summarized in the attached resolution. The low bid was submitted by Arcon Construction Co., Inc. for a total bid of$664,004.58. The Engineering Department has reviewed all bids for completeness and also the qualifications of Arcon Construction, the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. The Engineer's estimate for this project was approximately $864,000.00. Staff is also requesting that the City Council authorize a contingency amount equal to 10% of the contract for use by the City Engineer to cover any minor change orders or quantity adjustments that may occur on this project. The developer has still not recorded the final plat of Valley Park 11th. Staff has prepared the attached resolution awarding bids on this project contingent on the plat being filed. The developer has indicated that it would be recorded by July 31, 1993. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3806 awarding the contract to Arcon Construction Company, Inc. 2. Reject the low bid and award the bid to the second low bidder or another bidder. 3. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1, to accept the low bid and award the bid to Arcon Constructin Company, Inc. for a total amount of$664,004.58, contingent on the plat for Valley Park 11th being recorded by July 31, 1993. ACTION REQUESTED: 1. Offer Resolution No. 3806, A Resolution Accepting Bids on Valley Park 11th Addition Improvements, Project No. 1993-10 and move its adoption. 2. Approve of a contingency in th amount of 10% for use by the City Engineer in authorizing change orders on this project. DEH/pmp MEM3806 RESOLUTION NO. 3806 A Resolution Accepting Bids On Valley Park 11th Addition Project No. 1993-10 WHEREAS, pursuant to an advertisement for bids for the Valley Park 11th Addition, Project No. 1993-10, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Arcon Construction $664,004.58 Richard Knutson $679,967.60 Brown & Cris $686,070.00 Latour Construction $691,647.00 Ryan Contracting $692,758.61 S.R. Weidema $703,425.51 Barbarossa & Sons $708,344.76 S.M. Hentges & Sons $743,072.51 C.S. McCrossan $787,949.84 AND WHEREAS, it appears that Arcon Construction Co., Inc., P.O. Box 57, Mora, MN 55051 is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Arcon Construction Co., Inc., in the name of the City of Shakopee for the improvement of Valley Park 11th Addition by street, sewer and watermain construction according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The contract award is hereby contingent on the developer, Valley Green Business Park, recording the plat of Valley Park 11th Addition with the Scott County Recorders Office by July 31, 1993. If the plat is not recorded by that date, the bid award is considered null and void. 3. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CO2ENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 1993 Street Reconstruction Project No. 1993-7 DATE: May 25, 1993 INTRODUCTION: Attached is Resolution No. 3807, which approves the plans Pro'ed t specifications and authorize staff to advertise for bids for the 1993 Street ReconstructionJ BACKGROUND: On March 30, 1993, the City Council of Shakopee ordered the preparation of plans and specifications for the 1993 Street Reconstruction Project. This project consists of reconstructing the following streets: Atwood Street, 4th Avenue to 5th Avenue Fillmore Street, 1st Avenue to 4th Avenue Naumkeag Street, 2nd Avenue to 4th Avenue 4th Avenue, Fillmore Street to Naumkeag Street 8th Avenue, Atwood Street to Spencer Street Spencer Street, 1st Avenue to Shakopee Avenue The plans and specifications are expected to be completed by Friday, May 28, 1993. In order to stay on schedule and get the project completed this year, staff is requesting authorization to bid the project. The specifications will indicate that base until nextse of year asphalt should be placed this year, but the final lift of asphalt will not be placed The bid letting date is scheduled for June 25, 1993. The Council would award the contract on July 6, 1993 and construction would start as soon as possible after that date. The Engineering Department has put a final completion date (excluding the wear course of asphalt) of October 31, 1993 in the contract. If weather permits, the construction could continue past that date also. To ensure that the contract is completed in time, the City could add higher liquidated damages to the contract (currently $200.00 per day). The City could also add an incentive clause which pays the contractor for every day that the project is completed ahead of schedule. Mn/DOT uses incentive clauses on a regular basis and finds them quite effective. To staff's knowledge,no City has ever utilized that incentive clause, though. Attached is Resolution No. 3807, which authorizes the advertisement for bids for this project. ALTERNATIVES: 1. Adopt Resolution No. 3807. 2. Deny Resolution No. 3807. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3807, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 1993 Street Reconstruction Project No. 1993-7 and move its adoption. DEH/pmp MEM3807 RESOLUTION NO. 3807 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The 1993 Reconstruction Project No. 1993-7 WHEREAS, pursuant to Resolution No.'s 3766, 3767, 3768, 3769, 3770, and 3771 adopted by City Council on March 30, 1993, David E. Hutton, StreePublic t, 4th AveWorks nuctor e to 5th has prepared plans and specifications for the improvement of Atwood Avenue; Fillmore Street, 1st Avenue to 4th Avenue; Naumkeag Street, 2nd Avenue to 4th Avenue; 4th Avenue, Fillmore Street to Naumkeag Street; 8th Avenue, Atwood Street to Spencer Street; Spencer Street, 1st Avenue to Shakopee Avenue bycomplete reconstructiotn and has prreeesenntedd ssuchhp pplans Land s specifications ations to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in he Construction Bulletin an advertisement for bids upon themaking ofsuch improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, , Minnesota, held this day of 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney r. . . . 4'- CONSENT C4 � w MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: May 27, 1993 RE: Resolution No. 3808 At the May 4, 1993 , City Council meeting, it was suggested that we let Scott County know how much we appreciate their assistance in hiring new employees. We entered into a contract for personnel services in 1992 . In working with the Scott County Personnel Department we have found their procedure to be clear, which has enabled the City to hire without running afoul of state statutes or having to fear missing a step in proper hiring procedures . We have been very pleased with the quality and courteous help the Personnel Department has provided. 1 Signed �e� L Karen Mar CityvAttorney KEM:bjm [2 7MEMO] Attachment RESOLUTION NO. 3808 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, EXPRESSING THE CITY' S APPRECIATION TO SCOTT COUNTY FOR THE FINE ASSISTANCE IN HIRING NEW EMPLOYEES. WHEREAS, in 1992 the City entered into an agreement with Scott County to provide personnel services in hiring new employees; and WHEREAS, the Scott County Personnel Department now has assisted various departments of the City in hiring a half-dozen or more employees; and WHEREAS, the procedures used by the Scott County Personnel Department are clear and extremely helpful, and have enabled the City to hire fine new employees with a minimum of effort or legal concerns . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City Council expresses its deep appreciation to Scott County for the high quality assistance provided by the Scott County Personnel Department to the City in hiring new employees . 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 City Approved as to form: �% 0////�� Ciy Attorne �' I [2 7MEMO] CONSENT MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: May 27, 1993 RE: Resolution No. 3808 At the May 4, 1993 , City Council meeting, it was suggested that we let Scott County know how much we appreciate their assistance in hiring new employees. We entered into a contract for personnel services in 1992 . In working with the Scott County Personnel Department we have found their procedure to be clear, which has enabled the City to hire without running afoul of state statutes or having to fear missing a step in proper hiring procedures . We have been very pleased with the quality and courteous help the Personnel Department has provided. / Signed Karen Mar y, City'Attorney KEM:bjm [27MEMO] Attachment RESOLUTION NO. 3808 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, EXPRESSING THE CITY' S APPRECIATION TO SCOTT COUNTY FOR THE FINE ASSISTANCE IN HIRING NEW EMPLOYEES. WHEREAS, in 1992 the City entered into an agreement with Scott County to provide personnel services in hiring new employees; and WHEREAS, the Scott County Personnel Department now has assisted various departments of the City in hiring a half-dozen or more employees; and WHEREAS, the procedures used by the Scott County Personnel Department are clear and extremely helpful, and have enabled the City to hire fine new employees with a minimum of effort or legal concerns . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the City Council expresses its deep appreciation to Scott County for the high quality assistance provided by the Scott County Personnel Department to the City in hiring new employees . 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: L,v.z__:„A.44.4 City Attorney / Com' [27MEMO] CONS7N ) ktd EXPLANATION TO ORDINANCE ORIGINATING DEPARTMENT: Law Department PURPOSE: To exempt non-residential property from the requirement of hooking up to City water lines. REMARKS : At a City Council meeting in May, the City Council discussed City Code Sec . 3 . 10, Subd. 8, which requires all property to connect to City sewer and water within three years of the sewer or water being available. City Council suggested that this requirement was overly strict for non-residential properties with their own water. Council then directed staff to prepare an amendment to the City Code to limit the requirement of hooking up to City water to residential properties . This ordinance maintains the requirements that any property connect to City sanitary sewer within three years of sanitary sewer being available. it changes the requirement of connecting to City water, however, and limits that requirement to residential properties. Other house-cleaning changes were made to clarify the language of the ordinance . ACTION REQUESTED: Offer Ordinance No. 356, an ordinance amending Chapter 3, Municipal and Public Utilities Rules and Regulations, Franchises and Rates, of the City Code, Section 3 . 10, Rules and Regulations Relating to Sewerage Service, by repealing Subd. 8, Hookup Required - When, and enacting one new subdivision in lieu thereof, relating to the same subject, and move its adoption. Submitted by: jOr City Attor ey / [27MEMO] EXPLANATION TO ORDINANCE ORIGINATING DEPARTMENT: Law Department PURPOSE: To exempt non-residential property from the requirement of hooking up to City water lines . REMARKS: At a City Council meeting in May, the City Council discussed City Code Sec . 3 . 10, Subd. 8, which requires all property to connect to City sewer and water within three years of the sewer or water being available. City Council suggested that this requirement was overly strict for non-residential properties with their own water. Council then directed staff to prepare an amendment to the City Code to limit the requirement of hooking up to City water to residential properties . This ordinance maintains the requirements that any property connect to City sanitary sewer within three years of sanitary sewer being available . It changes the requirement of connecting to City water, however, and limits that requirement to residential properties . Other house-cleaning changes were made to clarify the language of the ordinance . ACTION REQUESTED: Offer Ordinance No. 356, an ordinance amending Chapter 3, Municipal and Public Utilities Rules and Regulations, Franchises and Rates, of the City Code, Section 3 . 10, Rules and Regulations Relating to Sewerage Service, by repealing Subd. 8, Hookup Required - When, and enacting one new subdivision in lieu thereof, relating to the same subject, and move its adoption. Submitted by: -4(L"--/-74 City Attorney [2 7MEMO] ORDINANCE NO. 356, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 3 , MUNICIPAL AND PUBLIC UTILITIES RULES AND REGULATIONS, FRANCHISES AND RATES, OF THE CITY CODE, SECTION 3 . 10, RULES AND REGULATIONS RELATING TO SEWERAGE SERVICE, BY REPEALING SUBD. 8, HOOKUP REQUIRED - WHEN, AND ENACTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 3 , Municipal and Public Utilities Rules and Regulations, Franchises and Rates, Section 3 . 10, Rules and Regulations Relating to Sewerage Service, is hereby amended by repealing Subd. 8 . , Hookup Required - When, and enacting one new subdivision in lieu thereof, which shall read as follows : "Subd. 8. Hookup Required - When. Any property abutting a public street or alley in which [any] sanitary sewer mains have been constructed, and any residential property abutting a public street or alley in which [or] City water lines have been constructed, must be connected to said sewermains and water line within three (3) years or immediately upon [when] a private system becoming [becomes] defective, whichever occurs first . A system becomes defective when substantial repair is needed, such as [, but not limited to, such occurrences requiring] replacement of drain field lines, pumping of tanks, or replacement of a well pump motor. " Note : The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 3 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: itil_JorA_////Li/ City Attorney Published in the Shakopee Valley News on the day of , 1993 . [2 6 MEMO] -2- /CV MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Joint City Council/Planning Commission/Community Development Commission Meeting DATE: May 28 , 1993 INTRODUCTION: The City Council has directed staff to set up a joint meeting with the Planning Commission and the Community Development Commission in the Committee of the Whole format to discuss alternative land use strategies. DISCUSSION: Staff has identified the following dates as possible meeting dates: Thursday, June 10 Wednesday, June 16 Thursday, June 17 Thursday, June 24 Staff would recommend that the meeting be held Wednesday, June 16, starting at 7 : 00 P.M. ACTION REQUESTED: Offer a motion setting the joint meeting for the City Council, Planning Commission and Community Development Commission joint meeting for Wednesday, June 16, and move its approval. MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Met Council' s Findings Relating to Scott County' s Transportation Plan Approval DATE: June 1, 1993 Attached is information obtained by Councilor Vierling at today' s Scott County Board meeting relating to the Metropolitan Council' s findings on the transportation plan approval proposed by Scott County. preference for implementing traffic-demand management techniques before building additional capacity and that high occupancy vehicle lanes are to be added instead of mixed use lanes. To address the issue of possible congestion on a metropolitan roadway, Council staff recommends that Scott County and affected local governments work together to analyze and resolve capacity problems on the metropolitan highway system before additional Metropolitan Urban Service Area (MUSA) expansions are approved by the Metropolitan Council. AUTHORITY TO REVIEW The Metropolitan Land Use Planning Act of 1976 requires local units of government to submit comprehensive plan amendments to the Metropolitan Council for review (Minn. Stat. 473.864, subd. 2, 1978). The Act also gives the Council the authority to establish guidelines governing the amendment review process (Minn. Stat. 473.854). 1992. On Scott County submitted its propoCecomprehensive tye pPan amendment was lan amendment on Dcomplete for Council December 18, 1992, the Chair review. After receiving supplemental material from Scott County, the Chair determined on March 26, 1993 that the plan amendment was complete for review, and that it presented a potential impact on the metropolitan transportation and wastewater treatment systems. The 90- day review period concludes on June 10, 1993. FINDINGS 1. Tne rural residential development policies in the townships of Cedar Lake, Spring Lake, Jackson, Credit River, and parts of St. Lawrence, New Market and Louisville are L i', inconsistent with the Council's Metropolitan unci Develop eTra P ortation Policy Plan and Was�trewa ed r are a substantial departure from the Co nsP Treatment and Handling Policy Plan. 2. The rural residential development policiesce,in townships of Market andarLouisvilleLakepring have Lake, Jackn, Credit River, and parts of St. potential to have a significant impact on the metropolitan transportation and sanitary sewer systems. 3. Scott County permits as a conditional use titan Development and Investment Framewormmercial and industrial land uses in the rural area that are inconsistent with the Metropo P and are a substantial departure fromPIan1he 'These Transportations d uses also Plan and the potential Wastewater Treatment and Handling Policy to have a significant impact on the metropolitan transportation and sanitary sewer systems. 4. The Council reviewed three county comprehensive plan amen89. hese for the amendments shiposed ps of Credit River, Louisville and Helena in May and to allow rural residential development at densities inconsistent with the Council's rural area policies. The county implemented these plan amendments against the recommendation of the Metropolitan CounciL 4 / . Tr 5. Population and household forecasts submitted as part of the Se aagC tt untysransportation Plan, specifically for the cities of Prior Lake, Shakopee, su antially 1 higher than both the Council's 1986 and August 27,x1992forecasts.nd �ndling oTcnis is an ands antiale has th departure from the Council's Wastewater Treatment potential to have a significant impact on the metropolitan transportation and sanitary sewer systems. 6. The county uses a measure of congestion based on guidelines for determining number of roadway lanes. This congestion measure shows and lower he Mina lnesotDephenartment of mpared to standards used by the Metropolitan Count Transportation. Tne county's higher socio c f omeure con ic ession and mayand tion f roadway o capacity combine to overstate the severity overbuilding future roadway capacity. 7. Scott County shows projected year 2010 traffic conglestion onwseveral onlroads,oprimarily oli a ly in the northeast section of the county. The county'sp highway showing congestion in the year Ou planO1/13 does notlshownhis metropolitan the east county line. The Council's TransportationPolicy highway as a "congested corridor." 8. Council action on this plan amendmentdoesnot constitute approval of the proposed interchange between CSAH 29 and 1-35. new 1-35 and CR 46 9. The plan shows an extension of CSAH 75 connecting Dakota tt Countransportation plan do not interchange in Dakota County. Drafts of the show an extension of CSAH 46 connecting to CSAH 75. Q. The county plan proposes that CSAR 42 and County 18/21 be designated in the future as 1 has recommended these principal arterials. Tne Transportation Advisory Board (TAB) roadways be classified as principal arterials so long Scott sufCo ient right-of-way is reserved and strict highway access control is maintained y Tne county's proposed network of minor arte:ials should be adequate to serve the needs 11. Q of Scott County through the year 2010 and beyond. t 1 The county's plan shows potential extensions of t�heoMinn Minneapolis Co thwes an e lines are Minneapolis South Light Rail Transit (LR not included in the current metropolitan LRT plan. . if 13. Scott County's highway access control guidelines are offc nf cecob e only aloresulgov r ments - \� in the county choose to incorporate them in their -- guidelines are insufficient to restrict direct roadwayand driveway rural service area. metropolitan highways and to prevent premature developmentin e cies be 14. The city of Shakopee has not amended its rural area a land usepoliatest south consistent the CR ,J8 18 with the Council's rural service area policies and TH 101 interchange has the potential to negatively impact the metropolitan highway --S system. 5 Ft/ 15. Scott County has yet to submit for Council review a Tier I sanitary sewer policy plan in response to the Council's 1988 systems statement. 16. Scott County has amended its comprehensive plan to be consistent with the Council's Interim Strategy To Reduce Nonpoint Source Pollution To The Minnesota River. RECOMMENDATIONS That the Metropolitan Council: 1. Adopt the above findings and the staff report as part of these recommendations. 2. Inform Scott County that pursuant to the Metropolitan Land Planning Act (Minnesota Statutes Sec. 473.175, Subd. 1) before it can put the amendment into effect, the county must modify its comprehensive plan in the following manner: a. the townships of Cedar Lake, Spring Lake, Jackson, Credit River, St. Lawrence, New Market and Louisville must revise their rural residential development policies and standards to be consistent with the Council's rural area policies; b. the county must adopt rural commercial and industrial land development policies and standards consistent with the Council's rural area policies; c. the county must adopt a Tier I sanitary sewer policy plan which incorporates the Council's on-site sewage disposal system management requirements; d. the population and household forecasts submitted as part of the plan amendment must be revised to be consistent with the Council's August 27, 1992 forecasts; e. the county must adopt highway access control guidelines sufficient to prevent premature development in the rural service area south of the proposed CR 18 and TH 101 interchange and to protect CSAH 42 and CR 1821 as principal arterials; f. the county's light rail transit plan must be revised to reflect current regional corridor priorities as described in the Council's 1992 Regional Transit Facilities Plan. 3. Require Scott County and affected cities to analyze and resolve capacity problems on the metropolitan highway system before additional Metropolitan Urban Service Area (MUSA) expansions are approved by the Metropolitan Council. 4. Recommend that Scott County coordinate access planning with Dakota County for the proposed I-35 and CR 46 interchange. 5. Encourage Scott County and affected local governments to take sufficient measures to reserve right-of-way and ensure access control necessary to protect CSAH 42 and County �..1 1821 as principal arterials. I•.• l ,-,r!•-c - L C-4'�� lei� ; =vCL d_ / e��?c� ��eG rt; ��617� � �/ , c