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09/21/1993
TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 21, 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] Liaison Reports from Councilmembers 4] Mayor's Report 5) RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6) Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 7) Approval of Minutes: None 8] Communications: None 9) 7 : 30 P.M. Public Hearing on The Proposed Public Improvement Project No. 1993-12, Downtown Streetscape, Phase II - Res. No. 3865 10) Boards and Commissions: Planning Commission: a] Amendment to Stonebrooke Planned Unit Development (for twin homes) - Res. No. 3862 Park and Recreation Advisory Board: *b] Frisbee Disc Golf Course - Lions Park 11] Reports from Staff: *a] Liquor License Applications - Rock Spring Restaurant, Inc *b] 1981 Commercial Development Revenue Note and Loan Agree- ment - J & B Enterprises *c) Industrial Park Drainage Improvements *d] Surplus Property *e] 1993 Audit Services *f] Approve Bills in the Amount of $729, 561. 29 TENTATIVE AGENDA September 21, 1993 Page -2- 11) Reports from Staff continued: *g] Probation Termination - Vernice Takumi *h] Conveyance of Property to Independent School District #720 *i] Met Council / MWCC Sewer Interceptor Agreement *j ] Cooperative Power Association, Appeal Resolution CC-664 12] Resolutions and Ordinances: a) Ord. No. 362 - Requiring Construction Workers to Clean up Debris in City Streets *b) Res. No. 3866 - Setting Public Hearing for Assessments on Apgar Street, Project No. 1992-6 *c] Res. No. 3864 - Accepting Bids on VIP Interceptor Extension 1992-9 & Rahr Forcemain 1993-1 *d] Res. No. 3861 - Amending 1993 Budget *e) Res. No. 3863 - Amending 1993 Budget 1:; ] Other Business: a) b] c] 14] Adjourn Dennis R. Kraft City Administrator MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: September 17, 1993 1 . We are starting to receive invitations from host cities for the 1993 League Regional Meetings . Please let Toni know if you are interested in attending, and which one you are interested in. 2 . Attached is the Building Activity Report for August . 3 . Attached is the Code Violation Log for March 5th - Sept . 15th. 4 . Attached are the September 9, 1993 minutes of the Planning Commission and Board of Adjustment & Appeals . 5 . Attached is a Project and Court Appearances Update from the City Attorney. 6 . Attached is a memorandum from the City Attorney regarding Ward v. City. 7 . Attached is a memorandum from the Finance Director regarding Rahr Tax Appeal . 8 . Attached is the Police Newsletter for Council review. 9 . Attached is correspondence from the General Manager of Amzak Cable regarding updates on negotiations for retransmission agreements . 10 . Attached are the September 15, 1993 minutes of the Scott County Economic Development Coalition Meeting. 11 . Attached is correspondence from Krass & Monroe regarding the proposed agreement between the City, the MWCC, and the Metropolitan Council . 12 . Attached is the Revenue and Expenditure reports as of 8/31/93 . League of Minnesota Cities l 1993 Regional • The League of Minnesota Cities invites city officials to attend the Fall 1993 dates and sites 1993 regional meetings. The evening program which we encourage Appleton elected officials to attend will feature presentations on conducting a Tuesday truth in taxation hearing and a presentation "LMC by the Numbers" a September 21 look at the League and major city issues. luverne The afternoon program will bring city officials and state agency Wednesday representatives together for discussions of issues the agencies handle. September 22 Springfield Thursday Agenda September 23 Hallock Afternoon Tuesday 2:30-3:30 Panel presentations by representatives of State Departments September 28 Departments invited to participate are: Ada •Minnesota Pollution Control Agency Wednesday 'Minnesota Department of Public Safety September 29 •Minnesota Department of Trade and Economic Development Wadena •Minnesota Department of Transportation Thursday September 30 3:30-3:45 Break Grand Rapids 3:45-4:45 Question and answer session Tuesday October 5 4:45-5:00 Program wrap up/preview of evening session Sandstone Wednesday October 6 Evening Avon 5:00-6:15 Social hour Thursday October 7 6:15-7:00 Dinner Austin Tuesday7:00-7:15 Welcome by the host city manager October 2 Lonsdale 7:15-7:30 LMC president message--Lee Swanson Wednesday October 13 7:30-7:45 LMC video--Conducting a Truth in Taxation Hearing Brooklyn Center 7:45-8:00 Discussion and questions about truth in taxation Thursday October 21 8:00-8:30 LMC by the numbers ( 8:30-9:00 General questions and meeting wrap up 35 MINNESOTA CITIES/SEPTEMBER 1993 * — CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - AUGUST 1993 August 1993 August 1992 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 9 96 8 , 087 ,812 7 77 6, 224 , 821 Single Family-Septic 6 22 2, 809,499 2 14 1, 968, 424 Multiple Dwellings 1 14 2, 397, 322 10 1, 030, 322 (# Units) (YTD Units) (4) (38) - (-) (20) - Dwelling Additions 10 67 330,273 11 63 237 , 397 Other 2 11 40,731 4 10 43 , 150 New Comm. Bldgs 3 6 15, 343 , 335 2 3 1, 359, 000 Comm. Bldg. Addns. - 3 159,750 - 1 80, 000 New Industrial-Sewered - - - - - Ind. Sewered Addns. 1 2 17 , 549 , 300 - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - Accessory/Garages 4 26 416, 330 3 24 218, 461 Signs & Fences 7 67 97 , 001 4 44 80, 005 1 2 2 , 155 Fireplaces/Wood Stoves 2 6 13 , 200 Grading/Foundation 3 6 210, 500 2 9 612, 160 Moving - - 3 47, 213 Razing - 7 73 , 813 Remodeling (Res. ) 5 22 140,713 2 23 75,713 Remodeling (Comm/Ind. ) 4 39 2 , 407 , 608 3 26 1,798 , 670 TOTAL 57 394 50, 077, 187 41 309 13 ,777,491 No. YTD. No. YTD. Electrical 41 400 30 308 Plumbing & Heating 61 452 41 360 Tbtar- dwelling units in City after completion of all construction permitted to date 4, 948 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN AUGUST, 1993 10127 Jeff Swanson 1529 Roundhouse Circle Fence 1, 000 10128 Imker Const. 1271 Sapphire Lane Deck 1, 800 10129 Jessica Geis 731 W. 7th Avenue Pool 5, 500 . 10130 Russ Sirek 631 Monroe StreekGarage 16, 000 10131 Joel Cole 1070 Eastview Circle Deck/Fence 1, 900 10132 Novak Fleck 1322 Thistle Lane House 83,425 10133 Mickelson Homes 1271 Maxine Circle House 127,446 L 8 B 1, Weinandt Acres 1st 10134 Detail Home Bldrs. 1227 Granite Court House 87, 580 L 15 B 2 , Heritage Place 4th 10135 Laurent Builders 1177 Polk Street House 65, 000 L 3 B 2 , Minnesota Valley 7th 10136 Randy Jones 1232 Monroe Street Deck 4,200 10137 Randy Haas 1264 Pioneer Lane Fence 500 10138 T. E. Ibberson 800 West 1st Avenue Malt Plant 15, 000, 000 10139 Novak Fleck 1415 Primrose Lane House 73, 393 L 6 B 4, Meadows 8th 10140 Novak Fleck 1235 Sage Lane Fireplace 2, 300 10141 Bill Vohnoutka 730 South Adams Fence 1, 400 10142 F & B Construction 1160 Pierce Street House 124, 564 L 4 B 4 , Prairie View 3rd 10143 Rod Robinson 1442 Sharon Parkway Garage 8, 300 10144 Dahl Carpentry 903 W. 5th Avenue Addition 22, 500 10145 Delbert Malenke 2101 Sunflower Circle Deck 2,352 10146 Jerzy Jedynak 1306 Minnesota Street Fireplace 2,200 10147 Allan Hastings 1295 Miller Street House 82,909 L 17 B 1, Parkview 1st 10148 G. F. Juergens 1916-1928,vierlingTDr.E. Townhouses 304 , 000 L 1-4 B 5 Dal es e 10149 Paul Wagner Homes 1329 Maxine Circle House 172 ,754 L 5 B 1, Weinandt Acres 10150 Gregg Voxland 917 Minnesota Street Storage Bldg. 1, 300 10151 Laurent Builders 535 Londonderry Cove House 146, 000 L 1 B 5, Stonebrooke 1st 10152 Leslie Crowley 725 Atwood Street Remodel 13 ,700 10153 Richard Gamauf 1004 E. 4th Avenue Remodel 800 10154 Laurent Builders 1129 Polk Street House 68, 000 L 9 B 2 , Minnesota Valley 7th 10155 Elvin Tonsager 1965 Granite Drive House 110, 000 L 3 B 1, Heritage Place 4th 10156 Met-Con Company 889 Valley Park Drive Slab 3 , 500 10157 Sturdy Const. 1076 Merritt Street Deck 2 , 000 10158 Thomas Odegaard 956 Aster Lane Deck 1, 176 10159 Pioneer Engr. Meadows 9th Addition Grading 95, 000 526 Barrington Drive House 168, 000 10160 Ray Hussong L 1 B 5, Beckrich Park Estates 10161 David Moore 949 Goldenrod Lane Fence 1, 100 10162 City of Shakopee 476 Gorman Street Remodel 500 10163 Kevin Karvonen 917 Goldenrod Lane Deck 1, 344 10164 Kevin Karvonen 917 Goldenrod Lane Fence 200 10165 J. Varley Const. 1107 E. 1st Avenue Trash Enclosure 10, 000 10166 Kelly Liesmaki 1821 E. 10th Avenue Window 200 10167 Barry Dickson 138B 0Sharon lParkwayHills House 126,751 L 5 603 Barrington Drive House 180, 000 10168 Jerome Jenny L 5 B 2 , Beckrich Park Estates 10169 Greystone Const. 1260 E. 4th Avenue Store 343 , 395 10170 Karen Wallerius 134 E. 4th Avenue Sign 300 10171 J & K Grading 200 E. 10th Avenue Grading 19, 000 10172 Dennis Fetzer 1850 C. R. 18 Fire Damage 20, 000 10173 Scott County 428 So. Holmes Remodel 8,000 10174 Novak Fleck 1357 Thistle Lane House 87, 169 L 8 B 3 , Meadows 8th 10175 Jeffrey Boldt 971 S. Miller Garage 5,760 10176 Kevin Bergs 1173 Shawmut Street Remodel 14,740 10177 Fred Pioske 630 E. 5th Avenue Fence 900 10178 James Willemssen 1209 Sunflower Circle Gazebo 3, 000 10179 Tri-Star Builders 640 Gorman Street Fire Damage 14, 000 10180 Certainteed Corp. 3303 E. 4th Avenue Grading 85, 000 10181 Michael Menke 1377 Blue Heron Tr. Porch/Deck 5,700 10182 Opus Corporation 1080 Park Place Warehouse 6, 139,940 10183 Schwan's Sales 593 Citation Drive Warehouse 225,000 Total: $24,092,498 3 PiaAl 1993 SHAKOPEE CODE VIOLATION LOG MARCH 5th TO SEPTEMBER 15th March 5 Complaint RE: Garbage at 2077 12th Ave. March 10 Call from Scott County Env. Health RE: Illegal Body Shop. March 30 Complaint RE: Neglected yard, not raking leaves. April 1 Complaint RE: Garbage, Oil, at 2077 12th Ave. April 5 Call from Police RE: Garbage, Oil at 2077 12th Ave. Complaint RE: Salvage Operation. Complaint RE: Salvage Operation. Call to Attorney RE: Salvage Operation. April 6 Call from Attorney RE: Salvage Operation. Call from Resident RE: citation for unlicensed vehicle in yard. Call from Attorney RE: Salvage Operation. April 14 Call to Tim Dunkin, Shiely RE: Trucks using Valley Park Drive/12th Avenue to haul gravel to casino. April 15 Call from Bob Bieraugel, Shiely RE:Trucks using Valley Park Drive/12th Avenue to haul gravel. Call RE: Information regarding Flood Bros. Salvage Operation April 16 Complaint RE: Dust coming from the Shiely Company. Call from Scott County Env. Health RE: 1. Body Shop in R-2 Zoning District; and 2. Complaint RE: Dust from the Shiely Co. April 19 Complaint RE: Semi-truck parked on a residential street. Call to Police Dept. RE: Semi-truck parked on residential street. Complaint RE: Pallets and Junk by the Shakopee Valley Motel. April 20 Complaint RE: Over 2 adult dogs in a home within the R-2 Zoning District. April 21 Complaint RE: Semi-truck parked on residential street. Call to Police Dept. RE: Semi-truck parked on residential street. Call from alleged violator RE: Over 2 adult dogs in a home within the R-2 Zoning District. Complaint RE: Garbage and dumping in Upper Valley Drainageway. April 22 Complaint RE: Garbage and junk at residence. Complaint RE: Mattresses, tires, &junk on abandoned RR tracks north of Eastview. Complaint RE: Auto repair in R-1 Zoning District. April 26 Complaint RE: Flyers and ads on porch and in yard. Complaint RE: Car with "For Sale" sign in R-2 Zoning District. Call from Police Dept. RE: Code violation procedures. Complaint RE: Trucks left running behind the mall. April 29 Complaint RE: Garbage in outlot owned by the City. Call to Public Works Dept. RE: garbage in outlot. Complaint RE: Dumping trash in yard. May 3 Complaint RE: Compost Pile in ditch along CR 79. May 4 Call from Scott County Environmental Health RE: Compost pile in ditch. May 7 Complaint RE: Noise and parties. Complaint RE: Weeds and dirt pile that attracts moles. Complaint RE: Rats in back yard. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 May 10 Complaint RE: Tall Grass & Weeds. May 12 Complaint RE: Tall Grass & Weeds. May 20 Complaint RE: Tall Grass & Weeds. May 25 Complaint RE: Weeds and dirt pile that attracts moles. May 27 Complaint RE: Tall Grass & Weeds. May 28 Complaint RE: Garbage / Dirt in the right-of-way. Complaint RE: 2'-3' hole dug in right-of-way. Complaint RE: Too many garage sales. Complaint RE: Tall Grass & Weeds. Complaint RE: Tall Grass & Weeds. Complaint RE: Tall Grass & Weeds. June 1 Complaint RE: Junk in garage / garbage cans in front / people in the yard. Complaint RE: Tall Grass & Weeds. Complaint RE: Tall Grass & Weeds. June 7 Began sending Tall Grass & Weed complaints to the Public Works Department. June 10 Complaint RE: Messy Lot on SE corner of 5th and Cass Street. Complaint RE: Rocks and Railroad Tied in Alley. June 16 Complaint RE: Neighbor leaning Canoe upon Complainant's Fence. July 8 Complaint RE: Abandoned House July 14 Complaint RE: Garbage in yard Complaint RE: Dead smell on Muhlenhardt Road July 23 Complaint RE: Junk in yard July 28 Complaint RE: Junk cars/ weeds/ brush August 10 Complaint RE: Retail Sales in Urban Residential (R-2) Zone August 10 Complaint RE: Cars for Sale in the Urban Residential (R-2) Zone August 12 Complaint RE: Messy yard August 13 Complaint RE: Signs located in R-2 Zone without the required permits August 26 Complaint RE: Too many vehicles, oversized garage August 31 Complaint RE: Mattress and box spring in back yard September 13 Complaint RE: Junk in yard (COMPLAIN.LOG) 4y OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota September 9, 1993 MEMBERS PRESENT: Joos, Mars, Christensen, Madigan, Zak, Spurrier, Kelly MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner I. ROLL CALL Chrmn. Mars called the meeting to order at 7 : 30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF AUGUST 5, 1993, MEETING MINUTES The meeting minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A 5' VARIANCE FROM THE 10' SIDE YARD SETBACK REQUIREMENT IN THE URBAN RESIDENTIAL ZONING DISTRICT - MICHAEL AND PAMELA REYNOLDS Chrmn. Mars opened the public hearing regarding the request for a 5' variance from Michael and Pamela Reynolds. The Assistant Planner stated that the applicants are requesting a 5 foot variance from the 10 foot side yard setback within the Urban Residential (R-2) Zoning District. She stated that the existing structure was constructed in 1970. At that time, the side yard setbacks within the R-2 Zoning District were 10 feet on one side and 5 feet on the other. The structure was constructed with a 10 foot side yard setback from the southern lot line, and a 5 foot side yard setback from the northern lot line. She stated that in 1979, the Zoning Ordinance was changed and a 10 foot setback was required for both side yards of interior lots. She added that this action resulted in transforming the building into a nonconforming structure. Minutes of the Page-2 �p�h¢r 9,1993 Board of Adjustment and Appeals She said that the applicants are proposing to construct a family room onto the west side of the existing principal structure, approximately 5 feet from the northern lot line. She added that the placement of the home on the lot, and the location of utility lines and a large tree limit the ability to construct the proposed addition farther south. The proposed structure would be in conformance with the existing building line of the home. She stated that staff is recommending the approval of the 5 foot variance, based upon a review of the criteria established in the Findings. Comm. Spurrier stated that he was in support of the variance, but he had a problem with Finding No. 4 in the staff report. Finding No. 4 states, "The granting of this variance would not result in a special privilege to the applicant" . He requested that staff clarify this statement. The Assistant City Planner informed Comm. Spurrier that the recommendation by staff is consistent with the staff recommendations in similar situations. She added that the staff report also discusses a blanket variance granted in 1979 for 14 of the lots within the same residential development. This variance allowed 14 of the structures to be constructed using the previous setback requirements. However, this structure was not one of them. Chrmn. Mars asked the applicant to approach the podium. Mr. Mike Reynolds, 1124 South Madison, stated that the staff report sums up their position very well, and that he appreciated the consideration by the Planning Commission regarding their request. Motion: Comm. Spurrier / Zak moved to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Spurrier / Zak offered a motion to approve Variance Resolution No. PC-670, A Resolution Granting a 5 Foot Variance to the Required 10 Foot Minimum Side Yard Setback Requirement in the Urban Residential (R-2) Zoning District. Vote: Motion carried unanimously. VI. ADJOURNMENT The meeting adjourned at 7 : 40 P.M. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota September 9, 1993 MEMBERS PRESENT: Joos, Madigan, Kelly, Zak, Christensen, Mars and Spurrier MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner I. ROLL CALL Chrmn. Joos called the meeting to order at 7 :40 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The City Planner requested that the agenda be amended to add a discussion regarding setting a date for a meeting on the East Shakopee Transportation Plan as Item No. 12.A. Chrmn. Joos requested that the Planning Commission add a discussion regarding recent actions by the City Council as Item No. 12 .B. The agenda was approved as amended. III. APPROVAL OF THE AUGUST 5, 1993 MEETING MINUTES The minutes of the August 5, 1993 meeting, 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. There was no response. V. APPROVAL OF CONSENT AGENDA Motion: Comm. Spurrier offered a motion to remove the Annual Review of Conditional Use Permit No. 576 for Model Stone Co. from the Consent Agenda. Vote: Motion carried unanimously. Motion: Comm. Christensen / Spurrier offered a motion to approve the remaining item on the Consent Agenda, the Annual Review of Conditional Use Permit Resolution No. 622 for Rick Jeurissen. Vote: Motion carried unanimously. Comm. Spurrier requested that the items that are proposed for the Consent Agenda be labeled "CONSENT" in bold print at the top of the staff report. 2- Minutes of the September Page 2 Shakopee Planning Commission 3 VI. AMENDMENT TO A PLANNED UNIT DEVELOPMENT: TO CONSIDER AN AMENDMENT TO THE STONEBROORE PUD Chrmn. Joos introduced the amendment request for the Stonebrooke PUD. The City Planner gave a brief presentation on the amendment request. He noted that the applicant had requested three amendments to the PUD earlier this year and that two of the amendments have already been approved. The Planning Commission tabled their decision at the April meeting on the recommendation for the relocation of the twinhome requests pending the results of the septic inspection. The septic inspection has been completed and no problems were discovered. Comm. Mars questioned the type of public streets in similar PUDs. Staff provided background information on public streets in Westridge Bay PUD. Comm. Spurrier questioned if the residents requesting to be notified were notified. Staff responded in the affirmative. Comm. Spurrier questioned if additional information would be accepted by the Chair of the Planning Commission. Chrmn. Joos noted that he would accept additional comments from the applicant and the public if there was any. The applicant, Mr. Gary Laurent of Laurent Builders, provided a brief oral and slide presentation. He provided reasons for the relocation of the twinhomes. He noted that tree removal concern was one of the primary issues with the originally proposed twinhomes along Londonderry Road. The applicant also showed slides of the Abbey Point area in order to illustrate how much land area was available for the relocated twinhomes. Comm. Spurrier questioned if the increased value in the twinhome units as proposed by the applicant would be based on larger square footages or better finishes of the units. The applicant noted that likely both an increase in the square footage of the units and the quality of finish would be increased. The applicant will be developing a market study to determine what qualities should be built. Motion: Comm. Christensen/Mars moved to recommend to the City Council approval of the proposed PUD amendment to relocate the Minutes of tiePage- 3 Shakopee Planning Commission September 9,1993 twinhomes, subject to the following conditions: 1. The relocating of four twinhomes from Phase I to Abbey Point and one twinhome from Phase I to Fairhaven Drive is approved. A variance from the minimum lot areas, lot sizes and frontage to the public right-of-way for the twelve lots in Block 13 is approved. 2 . A variance from the Subdivision Regulations on the temporary over-length cul-de-sac street for Fairhaven Drive/Abbey Point is approved as shown on the revised phasing plan. 3 . The Grading Erosion Control Plan for Phase II must be approved by the City Engineer prior to preliminary plat approval by the City Council. 4 . The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 5. Separate easements shall be provided for any off-site septic systems. 6. Documentation verifying the maintenance of the common areas in Block 13 by the homeowners association must be submitted. 7 . All previous conditions from the original PUD approval and subsequent amendments shall remain in place. Vote: Motion carried on a five to two vote with Comm. Spurrier and Zak voting no. VII. PUBLIC HEARING: TO CONSIDER A CONDITIONAL USE PERMIT TO MOVE IN A REFURBISHED RAILROAD CABOOSE AND BOX CAR ONTO PROPERTY OWNED BY THE SHIELY CO. AND LOCATED IN THE HEAVY INDUSTRIAL (I-2) ZONING DISTRICT Chrmn. Joos opened the public hearing regarding the Conditional Use Permit request. The Assistant City Planner stated that she had received a request from Dave Fellan of Landscape Junction, Inc. and from Bob Bieragle of the Shiely Company, to continue the public hearing regarding the Conditional Use Permit application from Landscape Junction to the October 7 , 1993 , meeting. She added that neither Mr. Fellan nor Mr. Bieragle were able to attend tonight's meeting. Minutes of the Page- 4 Septanber 9,1993 Shakopee Planning Commi cion Chrmn. Joos asked if there was anyone in the audience that was at the meeting because of this request that would not be able to attend the October 7 , 1993 , meeting and would like to speak on the request at this meeting. There was no response. Motion: Comm. Zak / Christensen moved to continue the public hearing regarding this request to the October 7, 1993 , meeting of the Planning Commission. Vote: Motion carried unanimously. VIII.PUBLIC HEARING: TO CONSIDER A CONDITIONAL USE PERMIT TO MOVE A HOUSE ONTO A VACANT LOT LOCATED IN THE 600 BLOCK OF WEST 7TH AVENUE. Chrmn. Joos opened the public hearing regarding the Conditional Use Permit request. The Assistant City Planner stated that the applicants are requesting a Conditional Use Permit to move a residential structure from Eden Prairie onto a site in Shakopee which is currently owned by Delores Reed. The proposed site is zoned Urban Residential (R-2) . She stated that the structure is proposed to be moved to Lot 7 , Block 94 , Shakopee Plat, within the 600 block of 7th Avenue. She added that this subdivision was approved in 1858, and the proposed site is a buildable lot of record. Section 11. 05, Subd. 9 requires that the structure equal or exceed in value the adjacent homes within the area. She stated that staff has provided the assessed value of the existing residences and the proposed residence in the staff report for review by the Planning Commission. She stated that staff is recommending approval of the Conditional Use Permit, subject to the six conditions discussed in the staff report. Chrmn. Joos asked the applicant to address the Commission. Mr. Warren Reed, 604 West 7th Avenue, Shakopee, approached the podium. Mr. Reed stated that he and his wife had contemplated constructing a new house on the lot, but could save money by moving an existing one onto the lot. He stated that, although the bidding has not been closed, they had to start somewhere. Comm. Christensen asked staff if the approval of this request for a Conditional Use Permit could be used for another structure if the applicants were not awarded the bid. Staff responded in the negative, and reminded the Commissioners that the permit would expire in one year if it were not used. Minutes of the Page- 5 Septeinher 9,1993 Shakopee Planning Commision Mr. Reed stated that they have no problem with the Building Official, nor any of the Commissioners looking inside the structure. He also stated that within the week they should find out if they get the house or not. If they get it, they would like to start digging the foundation next week. Comm. Christensen asked if the assessed value of the proposed structure was compatible with those in the immediate area. Staff responded in the affirmative. Motion: Comm. Zak / Spurrier moved to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Zak / Spurrier offered Conditional Use Permit Resolution No. PC-672 , A Resolution Granting a Conditional Use Permit to move a home onto Lot 7 , Block 94 , Original Shakopee Plat, subject to the following conditions: 1. The Planning Commission finds that the structure meets or exceeds the value of, and is compatible with, the adjacent homes. 2 . The applicant must post a certified check, letter of credit, or bond with the City equal in amount to the cost of abating all Code deficiencies prior to the release of the building permit. 3 . The applicant must submit proof of ownership of the subject site prior to the release of the building permit. 4 . The applicant must meet the requirements of the City of Eden Prairie and Hennepin County regarding the structure's removal, and the requirements for the moving of the structure from Eden Prairie to the City of Shakopee. 5. The applicant must obtain House Moving Permits from the Minnesota Department of Transportation, the Scott County Highway Department, and all other applicable county highway departments prior to the release of the building permit. The applicant must also obtain a permit to work within the right-of-way from the City of Shakopee. 6. The dwelling unit must meet all the requirements of the Building Code within six (6) months after it is moved. Vote: Motion carried unanimously. ge 6 - Minutes of the September Pap 6 Shakopee Planning Commission 3 IX. PUBLIC HEARING: TO CONSIDER REZONING 67.8 ACRES FROM R-4 TO R-2, SIENNA CORP. Chrmn. Joos opened the public hearing for the proposed rezoning. The City Planner presented the highlights from the staff report. He noted that the applicant was applying to rezone 67 of the 85 acres of the Lenzmeier property from R-4 (Multi- Family Residential) to R-2 (Urban Residential) . The applicant is also asking preliminary plat approval for the 85 acre site. He stated that staff has recently identified in the review process of the mandatory PUD requirement for this property. He asked that the Planning Commission provide the applicants with feedback on the proposed project in order to give them direction on the future submittal of the PUD. The applicant, Mr. Larry Frank of the Sienna Corp. , provided an overview of the rezoning proposal. He reviewed the four criteria listed in the Zoning Ordinance with respect to this rezoning proposal. He identified several goals from the Comprehensive Plan and how the proposed rezoning met those goals. He asked the Planning Commission to provide input on the appropriateness on the single family proposal. He also asked the Planning Commission to address the issue of the 20% open space requirement from the PUD. Comm. Christensen commented that it may be premature for the City to respond to this proposal. She noted that the applicant had stated in the cover letter, changes to the Racetrack District. Comm. Spurrier questioned the required buffering to adjacent land uses. He also questioned the impact of bedrock on the proposed project. The applicant responded to the buffering and bedrock concerns addressed by Comm. Spurrier. Chrmn. Joos questioned staff if the proposed plat had been presented to the Parks and Recreation Board. The applicant noted that they are providing a public park of 8 to 10 acres as proposed by the Comprehensive Plan. Staff responded to Chrmn. Joos' question noting that the Park Board had concerns on the proposed split of the public park by the collector street. Comm. Christensen questioned the recent Milwaukee Manor rezoning request where the property was rezoned from R-2 to R- Minutes of the September Page 7 ge- 7 Shakopee Planning Commission 990 4 . She questioned why are we now going from R-4 to R-2 , which seems contradictory. Staff noted that the project was rezoned from R-2 to R-3 . Comm. Mars questioned the buffering of the light industrial uses to the north and the south. He felt it was good to see the proposed multi-family uses included with the development. Comm. Spurrier noted that the multi-family market is a cyclic one. He noted that the market forces should not solely drive zoning patterns for the City. He stated that if the multi- family were reduced in this location, it would need to be sited elsewhere in the City in order to complete the change. He felt that this represented a major change for the City. Comm. Mars questioned if we need more high density residential in the community. The applicant provided several comments on the Twin Cities Housing Market. Comm. Christensen questioned if the applicants had considered a mid-density residential component for this project. The applicant noted that Sienna Corp. is a developer and not a builder of structures. They prepare properties for sale to the eventual builders. Mr. Ray Peterson, 13901 Canterbury Drive, provided several comments to the Planning Commission. As owner of Viking Steel, which is located north of 4th Avenue, he would not be in opposition to the Lenzmeier proposal but had several other additional comments. He suggested screening along 4th Avenue on the applicant's side of the street in order to help screen the residential area from the industrial areas north of 4th Avenue. He cited the Universal Lumber expansions and the KC Hall are possible adjacent land uses which could impact this residential proposal. Mr. John Lenzmeier, property owner, provided input on the bedrock situation for this property. Mr. Jim Resop, representing the Lenzmeier family as a real estate broker, has noted that the property has been for sale for over two years. He noted that the Sienna Corp. was the first developer with the ability to fully develop this property. Comm. Spurrier reviewed the City Council's position on the Racetrack District. He noted that an economic analysis of the Minutes of the Page- 8 September 9,1993 Shakopee Planning Commission land development patterns in this area would be helpful in the decision making process. Comm. Kelly noted that additional information on subsoil conditions as to whether or not the property would be viable R-2 site would be important in the decision making process. Comm. Zak noted that it was good to see a proposal for this particular site. He felt it was feasible for residential uses but that additional information is needed in the decision making process. Comm. Mars concurred with Comm. Zak's comment on additional information. He suggested additional information on the reconfiguration of buffers be provided in the upcoming PUD. Motion: Comm. Mars/Madigan moved to continue the public hearing to the October Planning Commission meeting. Vote: Motion was approved unanimously. X. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A PRELIMINARY PLAT, SIENNA CORP. Chrmn. Joos opened the public hearing for the proposed preliminary plat for the Lenzmeier property submitted by the Sienna Corp. The City Planner noted that the mandatory PUD requirement applied to this site. Based on this requirement, staff is recommending the continuation of the public hearing so that the PUD process can be initiated. The applicant provided additional information on the bedrock situation. He noted that the shallowest rock was located on the west side of the property. On the east side of the property the bedrock tends to be deeper and single family residential would be more viable in this location. Mr. Ray Peterson of Viking Steel Co. , commented on sewer and water services in this area. He noted several concerns with sewer cost in this particular area due to the bedrock. Motion: Comm. Mars/Madigan moved to continue the public hearing to the October Planning Commission meeting. Vote: The motion was approved unanimously. Minutes of the Page- 9 Shakopee Planning Commission September 9,1993 XI. ANNUAL REVIEW: MODEL STONE CO. - CONDITIONAL USE PERMIT NO. 576 Chrmn. Joos introduced the annual review for Model Stone Co. The Assistant City Planner stated that in September of 1989, the Planning Commission approved a request for a Conditional Use Permit from Model Stone to operate a concrete ready mix plant in a Heavy Industrial (I-2) Zoning District. She stated that an amendment to the permit was approved in September of 1991 which allowed the applicants to enclose the concrete and ready mix plant to permit year round operation. In addition, Conditional Use Permit No. PC-576 (Amended) was approved in 1992, which allowed structures in excess of 45 feet in height. She stated that no complaints regarding the operation have been received by City Hall or the Shakopee Police Department; and that staff has determined that the applicant is continuing to operate in compliance with the conditions of the permit. She stated that staff is recommending that the Planning Commission approve the 1993 review of Conditional Use Permit Resolution No. PC-576. Comm. Spurrier initiated discussion on Condition No. 3 of the Conditional Use Permit. Condition No. 3 states, "The washing and cleaning of trucks to be done so as to prohibit spill over into the pit" . He suggested that either Condition No. 3 be eliminated, or they should ensure that the applicant record a document to notify future property owners of the waste concrete that has been deposited into the pit. Chrmn. Joos requested the applicant to address the Commission regarding Comm. Spurrier's concerns. Mr. Greg Pruyn, 400 West 61st Street, Minneapolis, Operations Manager for Model Stone, approached the podium. He stated that the enclosure of the plant was completed in April. They have since contacted the Minnesota Pollution Control Agency (MPCA) to find out what type of cement can be deposited into the pit - either wet or dry. They are still waiting for a response so that they can develop their reclamation plan for the pit. He informed the Commission that at this time they are not dumping any type of concrete in the pit, and no waste water from the cleaning of the trucks goes into the pit. Comm. Spurrier stated that Mr. Freuchette of Scott County Environmental Health said that he saw evidence of concrete in that pit. Mr. Pruyn stated that the type of concrete that is currently in the pit is different than what the MPCA is used to, so it Minutes of the Page-10 Shakopee Planning Commission September 9,1993 has caused a delay for them. He added that Scott County Environmental Health referred them to the MPCA. Mr. Bill Pearson, 10060 169th St. , Lakeville addressed the Commission. He added that they have had several meetings with Kathy Hanson of the Solid Waste Division of the MPCA regarding this issue, and that the required testing has caused this process to become quite lengthy. Comm. Spurrier stated that he was comfortable that they're in the process, but suggested that during the next annual review the condition should be changed to more appropriately fit the circumstances. Motion: Comm. Spurrier / Mars moved to approve the 1993 annual review of Conditional Use Permit Resolution No. PC-576 for Model Stone. Vote: Motion carried unanimously. XII. OTHER BUSINESS A. East Shakopee Transportation Plan Meeting Date The Planning Commission set October 14, 1993 , as the next meeting date for the East Shakopee Area Transportation Plan. B. Discussion on Recent Actions by the City Council The Planning Commission discussed recent actions and decisions by the City Council. XIII.ADJOURNMENT The meeting adjourned at 10: 10 p.m. 4.5 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: September 8, 1993 RE : Project and Court Appearances Update Attached are the latest charts showing required court appearances. As you an see, our criminal workload continues to increase . Also attached is the September project list . "Small" projects, such as contracts, easements, phone calls, and opinions, take up a surprising amount of my time. Signed -/O .7-) Karen Mar y, Cit " Attorney KEM:bjm [7MEMO2] Attachments cc : Dennis Kraft % oIV % 0) T / r CID Ww U -> Z 7 0, z H Q OC ,,,,,,,r,,,,rr////rr,,,rrrr//,,,//rrrrr,,,rrrrrr,,,rrrrrr/„r_ < LLI am / a. _� Uml ,,,/,III/Illlll///// O . -)r I- f��/iiiiiiiiiiiiiiii iii riiiiiii< .1i z C YZ'//////////aiiiaiiiiaiiaiiiiaiiiia//////////////////////////////// ? 0 Fili O 7��������������������������� - 2 6 CC 2 PI///II//II//I //////III/II'///////- Jill >_ Q D co _ ,7 , cr0m;7 ;;7/.7,;;7m7 a_ 0 V _ „////////I/r„/////////////rr////////////////rrr//,/// 2 iJ V 1 1 - < MN _ al I— iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii/ Q O i lim. 0 0 0 0 O O co N 0 SDONVEIV ddV JO bH8Wf1N -c a) 4-. 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'sill.v/AA/AzAAAAAAA ,„..„,„, - N ----- Cf) r // / '/////////////• , N. ...mon nommommum a) cr) Nr 0) Tr co W.:4**x. sin 7 , ;,,,,,,,,,,.../. o) I 0) cl (Y) 0) t.m..t.m.,m, , ,, 4‘ X ',/////,/,0///V////:///,///i cm Ck .r... warn/ / ,/////////////:,/////, ...//, a) co ,s55s.t -‘ rAAAAA A co cv --- noir ,,A AAA.AAAA., , 8 0 co o r- o co o in o Tr 0 co o N 0 • seoualeaddv lo JaqwnN MONTHLY PROGRESS REPORT LAW DEPARTMENT Civil projects are shown on this page; prosecution is shown on separate charts. Project Start End Date Status Comments Subdivision 5/92 12/93 On hold. Behind schedule regulations due to other pressing projects Zoning ordinance 3/93 10/93 Behind ZORC is taking schedule. more time than initially scheduled for its review. Maybe done in Nov. Jerry' s Bar 5/93 8/93 Complete . City Code update 10/91 9/93 Being printed. [7MEMO2] MEMORANDUM #( TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: September 7, 1993 RE: Ward v. City_ NON-AGENDA INFORMATIONAL ITEM On August 3 , 1993 , the City was presented with various documents which appeared to be an attempt to add the City to a lawsuit between Duane Ward and Regina Ward. It is extremely unclear what the City did to upset Ms . Ward, or why we were being added to her lawsuit . As per standard procedure this claim was forwarded to our insurer. Our insurer in turn forwarded this to Patricia E. Kuderer of the Hoff & Allen lawfirm. Ms . Kuderer filed a Motion to Dismiss, since the documents were not properly prepared or served. As it turned out, the original case is before a federal bankruptcy judge . That judge entered an order on August 26 , 1993 , dismissing all new parties (including "putative defendant City of Shakopee" ) from the case. In other words, we are now out of the case . If you have any questions regarding this, please let me know. This is just for your information. Signed Ag%Z9 _ /„P Karen Mar y, C. y Attorney KEM:bjm [7MEMO2] cc : Dennis Kraft Tom Steininger * 7 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Rahr Tax Appeal DATE: September 14, 1993 I have received unofficial word that Rahr has apparently won most of what they asked for in court regarding the reduction in value for property taxes. The effect on the City is an estimated reduction in taxes of $30, 000 for pay 1992 and 1993 which results in an estimated $60, 000 reduction of the dollars to be received in 1993 . Receipts for 1994 should not be impacted. 44 cl 0 AMZAK CABLE, MIDWEST, INC. (612) 571-9333 350 63rd Avenue N.E.• Fridley, MN 55432 September 13, 1993 Mr. Barry Stock Assistant City Manager City of Shakopee 129 Holmes Street South Shakopee,Mn. 55379 Dear Barry; I am pleased to report that we have signed retransmission consent agreements with KARE channel 11,and KSTP channel 5. While I am not at liberty to release the specifics of the agreements,let me say that there is no cash for carriage in either of the agreements in keeping with our Company's policy on the matter. In signing the agreements we will continue to carry the channels after October 5, 1993. Additionally,we have received a retransmission consent extension from KITN channel 29,which will grant us permission to continue to carry their channel until December 7, 1993 without compensation while we continue to negotiate. We are continuing to negotiate with WCCO channel 4,but to date our efforts have been unproductive. Please rest assured that we will continue to negotiate until the last possible moment in order to continue to provide our customers with this channel. You may recall,however,that if we are unable to reach agreement the broadcaster can force us to drop their service as of midnight,October 5. Customers will be updated as to the progress of our negotiations in a billstuffer which will go out with the October statements in late September. Further updates will be carried on channel 44. As you are aware,the original 30 day notification was sent last month with the September statements,and the new notice will be an update only. Also in the notice will be notification to our customers of the addition of broadcast station KXLI channel 41 from St.Cloud which has chosen the"must carry"option. Under the original"must carry/ retransmission consent"regulations broadcast channels which transmitted programming comprised of more than 50%home shopping services did not receive the privileges afforded in this part of the Cable Act. However, the F.C.C.recently reversed itself and we are now required to carry such channels who elect "must carry." We are not pleased at the necessity of this addition,as we already carry Home Shopping Network,and KXLI is a broadcast affiliate of HSN transmitting the HSN 2 service. In any event the following changes will take place on December 1 in order to make room for KXLI: 1. Cable information will move from channel 44 to channel 52, 2. American Movie Classics will move to channel 44, 3. KXLI will be added to channel 41. I will provide further updates as our negotiations progress,but if you have questions,please feel free to call. 111141 S' .: /:.:,- -rstrom - ral Manager 4*l0 SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEETING MINUTES SEPTEMBER 15, 1993 Members in attendance : Barry Stock, John Brietbach, John Heald, Greg Hoehn, Pat Murphy, Ken Anderson, Kevin Haugen, Colleen Winter, and Randy Krueger. Other present : Kay Louis, Nat Wisser, Mark Luhmann and Stewart McMullen. The 26th meeting of the Scott County Economic Development Coalition was called to order at 7 :30 A.M. on September 15, 1993 at Dakota Country Casino. I . Approved minutes of August 18, 1993 SCEDC meeting - Pat Murphy noted that the minutes did not reflect his attendance at the last meeting. Heald/Haugen moved to approve the meeting minutes as amended. Motion carried unanimously. II . Treasurer' s Report John Brietbach reported that the SCEDC account had a total of $1, 646 . 76 . He also noted that there were no outstanding bills . III . Update on SBA Activity Ken Anderson passed out the Twin Cities Metro Certified Development Company Loan Report dated August 6 , 1993 . He noted that SBA activity is high and that the Twin Cities Metro Certified Development Company is considering expanding their service area to Wright and Sherburn Counties . Mr. Anderson noted that in the last period no 504 loans were processed in the Scott County Area. Colleen Winter questioned whether or not the SCEDC owed Twin Cities Metro Certified Development Company $2, 000 . 00 . Mr. Stock noted that the SCEDC did owe $2, 000 . 00 to the Twin Cities Metro Certified Development Company but that the amount owed would be collected by Twin Cities Metro Certified Development Company as loans are processed in Scott County. Mr. Stock stated that it is not an actual outstanding bill that the SCEDC owes . Mr. Haugen stated that all of the loans approved by Twin Cities Metro Certified Development Company are 504 loans and not 7A loans . IV. Update on Developments in Scott County Communities Belle Plaine - Ken Anderson reported that a jewelry store in town is processing a 7A loan application and that the School District will be planning a $5 Million plus School Referendum in the very near future. New Prague - Colleen Winter reported that the Minnesota Ag Coop Building has recently been demolished and that a convenience store will be constructed in its place. Ms . Winter also reported that New Prague has just applied for a Scott County Economic Development September 15, 1993 Coalition Meeting Minutes Page -2- Community Development Block Grant in the amount of approximately $1 . 5 Million for a housing and sewer improvement project . Ms. Winter also commented that City Council recently took the necessary steps to allow two businesses to relocate out of the downtown area to the East end of town. Prior Lake - Nat Wisser reported that the ground breaking for the Prior Lake Business Office Park is scheduled for 2 :30 P.M. on September 30th. He also noted that Prior Lake has secured its first prospect - Keyline Homes . He noted that they are pursuing a 504 loan. The first phase of the Sienna Addition is also going to be under construction shortly. Little Six, Inc . - Pat Murphy noted that the Dakota Country Casino opened on August 30th. Some of the final elements of the project are still being worked on. Mr. Murphy noted that a stop light is also being constructed at the Mystic Lake intersection on CR-83 . Mr. Murphy also noted that the community is still involved with the possible construction of a multi purpose recreation facility. Savage - John Heald reported that the City is currently installing the necessary infra-structure for the first phase of a $20 Million expansion of their urban service area. Mr. Heald noted that housing construction is down somewhat this year due to the lack of developable sites . He also noted that the CR-42 construction and unusually wet summer has negatively impacted housing construction this year. Shakopee - Barry Stock stated that the Downtown Mini-Bypass Project is on schedule . He also noted that a Snyder Drug is being constructed on the corner of Marschall Road and 4th Avenue . Mr. Stock reported that the 250, 000 sq. ft . American Can Warehouse Building is also under construction in the Industrial Park. Mr. Stock noted that housing permits are up in Shakopee compared to last year. Finally, Mr. Stock noted that the High School Additions are all under construction and the Athletic Complex South of the High School is in the grading phase . V. 1994 Work Plan Mr. Stock noted that the agenda included the 1993/1994 Work Plan. Colleen Winter suggested that perhaps the SCEDC should do something next year to recognize Minnesota Manufacturer' s Week. Kay Louis noted that she would like to see the Work Plan amended to include business retention and expansion in Goal # 2 . Mr. Stock suggested that an objective be added to goal #2 relating to the creation of a subcommittee to establish some type of business retention and expansion program. Scott County Economic Development September 15, 1993 Coalition Meeting Minutes Page -3- Winter/Haugen moved to approve the 1993/1994 Scott County Economic Development Coalition Work Plan as amended. Mr. Stock noted that at the next meeting he would like to discuss subcommittee assignments to facilitate the completion of the objectives identified in the 1993/1994 Work Plan. VI . State Business Finance Programs Stewart McMullen, MN Department of Trade and Economic Development stated that he will be the representative for the Scott County area and that he will serve as the Star City liaison. Mr. McMullen also provided some information on the State' s Economic Recovery Grant Program. Mr. McMullen noted that the State did receive from the Legislature $5 Million for this program and that approximately $1 Million has been allocated to date . Mr. Stock questioned why more communities haven' t been accessing the program. Colleen Winter stated that one of the criteria for funding is that one new job be created for every $15, 000 of grant funding requested. This has been a primary stumbling point for several of the prospects that she has been working with. Ms . Winter also noted that the program is a gap financing measure . The State likes to see all other financial alternatives exhausted. One of the nice things about the program is that once the grant dollars are repaid to the community they can be set aside in a revolving loan program. Mr. McMullen then handed out a profile of the Capital Access Program. He noted that this program may be of interest to some of the banks in the Coalition. VII . Other Business - It was the consensus of the Committee to have the next meeting located at the Savage City Hall . The meeting will be held on Wednesday, October 20, 1993 at 8 : 00 A.M. a map to the Savage City Hall will be sent out with the next agenda packet . The meeting adjourned at 9 : 00 A.M. i'hillip R.Krasso 14 1 1 Orlin D.Te Slaa+ law offices Dennis L.nis L. Patricia M.Weller Barry K.Meyer S Kathryn E.Sherwood Mark J.Moxness x Timothy F.Moynihan David C.Priebe MON ROE Greg D.Johnson CPA James B.Cmft Kaye S.Geistfeld CPA Richard R.Gibson chartered September 15, 1993 The Honorable Mayor, City Council and City Staff City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Re : Shakopee 500 Property Our File No. 8699-1 Dear Ladies and Gentlemen: First of all I would like to thank you on behalf of the Shakopee 500 Partnership for hearing our comments and concerns relative to the proposed agreement between the City, the MWCC, and the Metropolitan Council . Knowing your preference not to have comments repeated, it is not our intention to make a presentation at your next council meeting, although we will have one of the partner' s present . Just to summarize, however, we hope you will keep in mind the issues we attempted to raise last week. They are as follows : 1 . Shakopee 500 owns 535 acres of prime development land on the eastern end of Shakopee . Contiguous to that land is other property capable of being developed and planned for. It is very rare that a City will have an opportunity to do meaningful planning along with property owners for a developable parcel this large and this strategically located. 2 . This is an excellent opportunity for the City to provide for development south of the Shakopee bypass. We have all been observing encroachments on the ability of municipalities to control their own planning and development . It appears to us that such encroachments will expand in both type and intensity in the coming years . Every city needs to do what it can now to place itself in position to exercise as much control over its planning and development as possible . Establishing a "beach head" of development south of the bypass now, while you still can, may well open up a myriad of planning options for the City of Shakopee in the coming years . Southpoint Center.Suite 1100. 1650 West 82nd Street.Bloomington.Minnesota 55431-1447 Telephone:(6121 885-5999 FAX(612)885-5969 *Certified Civil tial Specialist i.Also Admitted in Wisconsin x Also Admitted in California +Also Admitted in South Dakota The Honorable Mayor September 15, 1993 Page -2- 3 . We recognize the City is under significant pressure from the metropolitan agencies to discontinue its policy of allowing 2 1/2 acre parcels to develop without public utilities . I know that the City considers these 2 1/2 acre parcels as the only real opportunity for development of executive type homes. The metropolitan council has certainly been attempting to force a change in Shakopee' s policy in this regard for many years . That pressure will certainly be continued and probably increased. The capability of developing the Shakopee 500 property may at this point, be a meaningful alternative, if the City wishes to present a reasonable range of housing types in costs if the City is forced to adopt the four homes per forty acre density the metropolitan council espouses . It may be well worth the City' s effort to require additional MUSA capacity for our property in exchange for the requested policy change . 4 . We know you have heard that there has been some inquiry by a major retailer with regard to placing a large retail facility on our property. We can confirm that such inquiry has been made of us . We want you to understand, however, that the placement of such a facility is not a pre-requisite to our development . We are more than happy to work with the City in determining what is in the best interests of the entire community, not only ourselves, in this regard. We wish to emphasize that we are flexible and most willing to work with the City and its staff in planning for our property in a manner that fits with the long range goals of the City, as well as meets our needs . 5 . There is only so much a municipality can do to affect development within its community. Development is for the most part, dictated by the market place . In northern Scott County, the market has dictated that development is generally flowing from east to west . The City of Savage has extended its MUSA line virtually to the Shakopee border through Schroeder' s acres on Hwy. 101, and the City of Prior Lake has extended its MUSA line into the County Road 42 and County Road 21 area. Certainly, there will continue to be development outwards from the core of the City of Shakopee, but a real opportunity for development exists in the East Dean' s Lake area. We are hopeful the council will recognize that development outwards from the core City, and development at the east end of the City are not mutually exclusive. With forethought and planning, this can be a "win-win" situation for all . The Honorable Mayor September 15, 1993 Page -3- 6 . We have been in touch with your staff over the last week, and Dave Hutton reiterated to our engineer something Dave had mentioned at the last council meeting. That is, the Shakopee 500 Development is not contingent upon the Chaska interceptor, but rather can be connected to the Prior Lake interceptor. We expressed a preference to the Chaska interceptor option 2, which would allow for a connection in our area. We understand, however, the distinction between the interceptor issues, and the MUSA issues . We also understand the City' s commitment to development on the County Road 17 corridor. If the City will in some manner, reserve or transfer to our property some MUSA capacity, the City could choose Chaska interceptor alternate No. 1, continue development in the County Road 17 corridor, and still provide for development in the East Dean' s Lake area. Once again, this may offer a "win-win" scenario. If this appears to be a viable option, we would appreciate the opportunity to continue to work with the City Planning and Engineering Staff to pursue what we will call the "Prior Lake Option. " I would like to close by emphasizing again our flexibility in this process . We believe we have some excellent land to develop which will establish an eastern gateway to Shakopee that will make all of us proud. We really do look forward to an opportunity to work with the City toward that goal . Very truly you BRASS ¢c MO E/CHARTERED fillip R. 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II 11 N 0 0 -•( 11 N 00 N ti 11 0 WHO On 1-JO 11 - -11 <Z N to I� u 1-manes Mn (0 ll 00= 111 OQQ ll N N H N I II m n N N 11 n O 0 0 M 11 nem 0 0 .411 11 • I1 N n 0 0 011 lI N N M 11 W N H MH -JON -n 0<Z H O -MW HW Nu F H d n N M 11 •OX IIN -11 >-QW 11 M 11 11 NU 11 11 aro 0 0 Nn 1100 0 0 MH N • . II u.r 0 0 On W ►- It{() N ON W ZSJ N N n 11 al-- M WHQ N - -II OW M WZO n.4 .411 X0 1X00-. 11O C011 XU N N ern SW M U < 11 N 11 N= \ u 00 R WW 0 N 00 N Z W rW 0 1-d NO 0 0 011 -X V) 00 0 0 OH OW < II 11 H O 0 0 .-111 N.••4 N v.411 0 1100 O 11 W W N - -11 F-V) N to MN QZNO .rn MWUM O 11 •-.10_ 04,4 -N HX N WN OW N NH W N N N N N N N II II n N N a. 11 W N LA- NW NIJ) Z 51W Q 11 C NM H NI- 11 M (, 11 0 Z J HZ F-1 H Q 11W I-• M I- ud < 0 0 Z N X C I- O 11 W W N 1-111 a K 0 1- 11-1 0 W Z M u< W O 1-•1 111- 0 0 = 111-1 Z Z Qua S Q J Nn< W z W u o cc I- O H W W 111- Z Q W I- 11 l- H I- 0 000 0 141110.- 0 I- 0 ') n m N M Z M NM N- M O n N) a N W September 13, 1993 The Honorable Gary Laurent Mayor of Shakopee 2415 Lakeview Drive Shakopee, MN 55379 Dear Mayor Laurent: „...,Th want to thank you, the city commissioners and the community for your help with Valleyfair remaining in operation during this seasons flooding period. e attendance was far below previous years the park did remain o ..1 everyday. Gary, , sincerely appreciate all the help we have received. W ' proud to be part of the Shakopee community. ., cerely, 117 X..-&---k Richard L. Kinzel President and Chief Executive Officer RLK/lah Chairman Sept . 17, 1993 City Council Well , it happened ! The Shakopee Public Utilities Commission, with the City Council , has decided to place an electrical sub- station on our property, right in the heart of prime development , for a very meager sum of $23 ,000.00, for what amounts to about 3 . 7 acres . This includes the station site , plus easements , for a 115 ,000 KVM power-line across our property, cutting it into pieces , rendering it useless for further development . Our dream was to sell our house with the 12. 5 acres to a devel- oper, and retire to a townhouse or such , as I have a medical problem (heart) which renders me in such a condition, I 'm no longer able to care for my property. This action by the SPUC and City Council shatters our dream of ever fulfilling our goal . The Shakopee "Powers-that-be" act with impunity as to the con- sequences arising from detrimental effects of the placement of this sub-station. All the experts we have talked with say sub-stations should be in an industrial area, or in an isolated area, away from residential areas and people . We understand there were many sites their consultant deemed possible for the sub-station. Were we the first selection, or the last? Were any politics involved in the site selection? Was an environmental impact study done? Did they ever consider people? Did the appraisers , hired by the city, access our property without our knowledge? When appraising values , how come the appraisers left out the high-value areas , land within a half mile of our home; such as Beckrich Park Estates and the Stone- brooke development ; or even Deerwood Acres? After we have tormented the fact that the City "Powers-that-be" can act in such an impunitive manner, we now fully understand how the people of communist countries feel after a dictator takes over and confiscates land without enumeration. The mere pittance we are offered is an insult . Wrecking our livlihood for development and putting a burden on our neighbors lives shouldn ' t happen. No amount of money can compensate for a sub-station being on this property, nor for the injustice done to my wife and me . �.- ,,8E V 11993 9-20-93 - 1 00 + ''41 We , as current owners of Marschall Farms , are writing this letter to provide certain information that we feel is very impor- tant to the decision process for the proposed location of the elec- tric distribution substation on property adjacent to our dairy farm. Please note that the Marschall Farm is one of several largest pro- ducers of milk in the state of Minnesota. It is a matter of record, proven in previous litigation, that stray voltage , due to earth, ground and electro-magnetic fields from overhead power lines , has dramatically reduced the cows productive- ness , due to their unusual ability to detect voltage through conduc- tive materials , such as wet concrete, metal stanchions , etc . This discomfort annoys and agravates them resulting in the poorer production. Our understanding is that there were severalother sites under consideration as well as the Marschall land location. While nobody likes this selection to invade their own property, we feel it is the duty of elected officials to use prudence and due diligence in the selection process , so it least impacts all members of the community they represent. We further feel it is extremely important to note that the Marschall Farm is a "Century Farm" and was in the same location many years before electrical distribution was even considered . We respectfully request that further investigation be done to determine the full impact this site selection may have on the live- lihood in the success of this dairy operation. Roy and Danita Marschall and family 2088 Marschall Road D Shakopee , MN 55379 "J( 445-5383 Copies to : Shakopee Public Utilities Commission Shakopee City Council and Staff Shakopee Valley News REGPtttpo SEpp0 /993 CITY (etc SsfiYKQP _. EF 9-20-93 5 To the Shakopee City Council and Staff: What does Shakopee want to do? SQUEEZE OUT a family dairy farm, through devious ways, that has been in the same family for six generations, in its location since 1862??? It is a known fact that stray voltage from high-power lines causes milk production to fall so low as to be unprofitable and a worthless venture , for all the cost and labor that ' s involved . It is also a known fact that it has cost power companies millions of dollars in settlements of court cases that determined stray voltage had ruined the production of dairy herds. What about human life? Sure , we hear power companies ' claims that there is no proven evidence that stray voltage causes cancer in humans . Yet it is a known fact that persons living near high- power lines have died from various forms of cancer. Research is proving this. Substations elsewhere are built under or next to power lines. Why were other locations, which were originally considered, under or next to THIS power line NOT deemed acceptable by the Shakopee Public Utilities Commission? Too close to homes? Too close to present or future development properties? Is political manipulation involved? What about OUR plans for future development? Who, in their right mind, would want to build a home anywhere near such a hazardous , unhealthy monstrosity? In the case of the site they have chosen, would there even be the required acreage left in any given area, after they 've cut it up to suit their needs? Why should ad- joining property owners have to provide the buffer zone around a substation at the owners ' expense? Where were the city planners when they first allowed development in rural areas? Why weren' t future neccessary utilities planned for then? Well, Shakopee , YOU can BUY a 40-acre farm site with a dairy operation, a house and farm buildings ! YOU can BUY two houses with the 25 acres they are on, where you want to build your substation, your civil defense warning signal , possibly a water tower, and any- thing else you choose , for the going rate of real estate and prime development property in our area, such as "Beckrich Park Estates" and all around Lake O'Dowd. Let ' s hear your best offer ! Copies to : S . P.U. C . Elmer and Kathryn Marschall Shakopee Valley News 1356 E. Co. Rd. 78 Shakopee, MN (445-3570) 9 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Downtown Streetscape - Phase II DATE: September 16, 1993 INTRODUCTION: Attached is Resolution No. 3865, a resolution ordering an improvement and the preparation of plans and specifications for Phase II of the Downtown Streetscape Project. BACKGROUND: On May 4, 1993 the City Council ordered a feasibility report for Phase II of the Downtown Streetscape Project. This project consists of reconstructing 1st Avenue between Holmes Street and Sommerville Street, including the replacement of all utilities, adding additional on-street parking and adding streetscape elements similar to those installed in Phase I. As part of the feasibility study, the block of Lewis Street between 1st Avenue and the minibypass was evaluated. The feasibility report has been completed and was submitted to the City Council on August 3, 1993 Subsequently, a public hearing has been scheduled for September 21, 1993. Since the original feasibility report was submitted, some computation errors were discovered in the cost estimate. Therefore, a revised feasibility report has been prepared and is attached for City Council review. Staff will give a presentation on the feasibility report at the public hearing. There are several issues that need to brought to the attention of the City Council. The funding sources and assessment strategies outlined in the feasibility report are exactly the same as utilized in Phase I. Basically, only 25% of the street, curb & gutter and sidewalk costs will be assessed. None of the utility replacements or streetscape amenities will be assessed. The streetscape elements will be funded by Tax Increment Financing (TIF). The formula for calculating the assessments is based on 70% adjusted front footage and 30% square foot. The assessable area is all properties located 1/2 block in either direction of 1st Avenue. Again, this is exactly the same method used for Phase I calculations. In regards to the assessable area for Phase I, all properties 1/2 block in each direction were assessed for 2nd Avenue as well as for the north-south streets. For Phase II, the proposed assessable properties only received the assessments for the north-south streets. The attached feasibility report outlines 3 alternatives for on-street parking for 1st Avenue. The report recommends using angle parking on both sides of the street for the entire 2 blocks and reducing the driving lanes from the existing 4 lanes to 2 lanes. The report indicates that the City may be eligible to receive some funds from Mn/DOT for the street reconstruction as part of the highway turnback, but the exact amount will be determined during the turnback process. The report also addresses Lewis Street north of 1st Avenue. Basically, it addresses three options such as 1) reconstructing as a street 2) vacating and removing the street, or 3) vacating and constructing a park/pedestrian area. The report recommends either 2 or 3, but states that the final alternative is dependent on the results of the Community Development Commission Architectural Study for the 2 blocks north of First Avenue which is currently underway. In reviewing the preliminary architectural drawings for this block, there may be some redevelopment that would eliminate the need to do any public street improvements to Lewis Street. In that case, Alternative No. 2 would be preferred. Staff is aware that the issue of the final development of these two blocks has not been resolved. But any redevelopment of these two blocks will have minimal impact on the final design of 1st Avenue. Items that may change depending on the final development of these blocks include the location and number of sewer/water service connections and any new driveway cuts. If additional parking area is proposed (i.e. ramps), the amount of on-street parking on 1st Avenue may need to be re-evaluated. All of these items can be resolved during the final design phase provided that a final development plan can be determined. If the Phase II Project is ordered, the plans and specifications can be completed, but the actual construction could be done in conjunction with any proposed redevelopment. As Council is aware, the Downtown Alley Project has been delayed until next year. If Phase II is ordered, staff will include contractual language that would prevent the contractor from working on both 1st Avenue and the alleys in the 2-block area between Holmes Street and Sommerville Street. This would maintain access to the commercial properties on the south side of 1st Avenue at all times, either on 1st Avenue or in the alley, during the construction. At the conclusion of the public hearing if the City Council determines that this project should proceed, attached is Resolution No. 3865, which order plans and specifications prepared. Again, once the project is designed, the City Council has the opportunity to postpone the construction until the redevelopment issue for the north side of 1st Avenue is resolved, if so desired. ALTERNATIVES: 1. Adopt Resolution No. 3865, ordering the plans prepared. 2. Table Resolution No. 3865. 3. Deny Resolution No. 3865. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3865, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for the Downtown Streetscape Project - Phase II, Project No. 1993-12 and move its adoption. DEH/pmp MEM3865 RESOLUTION NO. 3865 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For The Downtown Streetscape Project - Phase II Project No. 1993-12 WHEREAS,Resolution No.3838 adopted on August 3, 1993,fixed a date for Council hearing on the proposed improvement of Downtown Streetscape - Phase II which consists of complete reconstruction of 1st Avenue bewteen Holmes Street and Spencer Street including street, sewer, water, storm sewer and streetscape improvements; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 21st day of September, 1993, at which all persons desiring to be heard were given an opportunity to be heard. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Complete reconstruction of 1st Avenue between Holmes Street and Lewis Street including street, sewer, watermain, storm sewer and streetscape improvements. 2. David E. Hutton, Public Works Director is hereby designated as the engineer for this improvement, and shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney FEASIBILITY REPORT FOR DOWNTOWN STREETSCAPE PROJECT, PHASE II I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date F/4/9- Registration No. 19133. JULY 1993 REVISED SEPTEMBER 1993 TABLE OF CONTENTS Description Page No. Introduction 1 Scope 1 Background 1 - 2 Proposed Improvements 2 - 4 Cost Estimate 4 - 5 Funding/Special Assessments 5 - 6 Conclusions 6 Appendix INTRODUCTION The City Council of Shakopee, Minnesota ordered the preparation of a feasibility report for the Downtown Streetscape Project, Phase II. SCOPE This report evaluates the feasibility of completing the Downtown Streetscape Project. The factors that are relevant to this evaluation are; existing street conditions, available parking, and historical impacts to the downtown area. In addition, proposed improvements are provided, cost estimates were compiled, and funding strategies outlined. BACKGROUND The Downtown Streetscape Phase II Project will encompass First Avenue from Holmes Street to Sommerville Street. This area is included in the original plat of Shakopee. The roadway in this section of First Street is currently 60 feet wide, with four lanes of traffic and two lanes of parallel parking. According to our records, 1st Avenue was last reconstructed in 1961. After construction of the Minibypass, four lanes of traffic will not be necessary, while additional parking would be desired. This has been the intention of the original streetscape project in surrounding blocks. The sidewalks along First Avenue are cracked and deteriorated past the point of repair. This makes access to downtown businesses and pedestrian movements difficult. The existing sanitary sewer in First Avenue is clay pipe which was installed in 1912. The pipe is deteriorated and does not meet current standards. The manholes are also sub-standard and in need of replacement. _ The existing watermain is original cast iron pipe which may need replacing. Shakopee Public Utilities has been contacted to make this determination, but for purposes of this report we will assume the watermain needs to be replaced. 1 The downtown area has a historical feel and look to it. The original streetscape projects in the neighboring streets were designed to enhance the historical nature of the downtown, and to act as a catalyst for future upgrading of existing building fronts in a similar historical venue. In 1987 and 1988, the City of Shakopee constructed Phase I of the Downtown Streetscape Project, which consisted of complete reconstruction of the downtown streets and utilities, including adding streetscape amenities such as brick paving, planters, benches, nodes and decorative lighting. PROPOSED IMPROVEMENTS A. Roadway In keeping with the earlier streetscape project, the roadway, curb and gutter and sidewalk would be removed and rebuilt in the more historical theme. Several options as to parking configurations, lane widths and node placement are available. The following three alternatives have been proposed. ALTERNATIVE 1. The first alternative is to provide angle parking along half of the block, with parallel parking across the street. This scheme would be reversed at midblock with angle parking becoming parallel, etc. Alternative 1 also allows for node placement at mid block to accommodate a smooth transition between parking types and allows placement of trees, benches and other amenities consistent with the earlier streetscape project. ALTERNATIVE 2. The second alternative is to provide angle parking along one side of the street and parallel parking on the other side for the entire length of the block. Optional nodes at midblock — for the placement of streetscape items are the same as with alternative 1. ALTERNATIVE 3. Alternative 3 is to provide angle parking along both sides of the street for the entire length of the block. Nodes for streetscape items at midblock are optional. 2 This report recommends Alternative 3 in order to maximize the number of parking stalls in the downtown area to replace the parking lost due to construction of the Minibypass Project. Regardless of which alternative is chosen, it is recommended that the roadway be constructed to meet 10 ton specifications which would accommodate the truck traffic generated by local business. Sidewalks 10 feet wide are also recommended for each side of the street. — . Sanitary Sewer The existing sanitary sewer in First Avenue is 12 inch clay pipe. It is proposed to replace the clay pipe with 12 inch PVC pipe. Additional stubs may be required for future projects. C. Storm Sewer _ The existing storm sewer consists of crossings at Holmes Street, Lewis Street and Sommerville Street. It is recommended that all storm sewer within the project limits be replaced to bring the sewer up to current standards. D. Watermain The existing watermain runs along First Avenue, from Holmes Street to Sommerville Street. New 8 inch ductile iron pipe watermain is proposed. The new watermain is subject to concurrence by Shakopee Public Utilities, however, it has been the practice of Shakopee Public Utilities to replace utilities when the City reconstructs a roadway. E. Streetscape Items decorative It is recommended that streetscape ha asee Iles such as brick paving,of the Downtown Renovation.eThe exact location of ang, nd planters be installed to match P streetscape items will be determined during final design. -- F. Lewis Street- First Avenue to Levee Drive In addition to First Avenue, the project will include Lewis Street from First Avenue to Levee — Drive. There are several options that may be selected for developing this area. The following alternatives have been proposed. 3 ALTERNATIVE 1. Leave Lewis Street open to traffic. This would involve selecting a streetiparking alternative and reconstructing Lewis Street. Alternative 1 would provide additional access to the alley north of First Avenue, as well as additional parking. ALTERNATIVE 2. Vacate Lewis Street and sell the land for development. This option allows the City to add additional land to the tax roll, as well as creating new business opportunities in the downtown area. ALTERNATIVE 3. Abandon Lewis street and create a pedestrian mall/scenic park. This option would provide a focal point or view for people entering Shakopee via the new T.H. 169 bridge. Possible uses for the park include a statue, a decorative fountain or a bell tower for the old City Hall bell. The specific element that would serve as a focal point for this park would be determined by the City Council, Community Development Commission, Downtown Business Association, or other civic groups and is beyond the scope of this report. This report recommends Alternative 3. It is felt that a focal point hitectural report the downtown o dered would _ attract visitors to that area. But depending on the results the City Council, Alternative No. 2 may also be desirable. COST ESTIMATE A detailed cost estimate can be found in the Appendix. A summary of the project costs is as follows: FIRST AVENUE COST ESTIMATE A. Roadway $145,076.25 B. Sanitary Sewer $ 28,377.25 C. Storm Sewer $ 12,894.75 D. Watermain $ 42,314.25 _ E. Streetscape Items $110,275.00 TOTAL CONSTRUCTION COSTS S338,937.50 4 LEWIS STREET COST ESTIMATE — A detailed cost estimate can be found in the Appendix. A summary of the project costs is as follows: Alternative No. 1 $54,751.68 Alternative No. 2 $ 9,724.00 Alternative No. 3 $57,335.58 FUNDING / SPECIAL ASSESSMENTS The current Special Assessment Policy for the City of Shakopee determines the funding for this project. Per the Assessment Policy, street reconstruction is 25% assessable to the abutting property owners. When the assessment roll was compiled for the first phase of the Downtown Streetscape Project, a special formula was created for assessment calculation. This formula calculates 70% of the assessable costs on an adjusted front footage basis, and 30% on a square footage basis. This formula was adopted to account for the odd shape and size differences in the lots in the downtown area. A. ROADWAY FUNDING The roadway will be 25% assessable. The remaining 75% will come from Tax Increment Funding (TIF) accounts. First Avenue is currently a State Highway, and is expected to be turned back to the City after completion of the Minibypass Project. The State usually improves roads prior to turnback, therefore, the City may receive some funding from the State for the roadway construction. This funding would be applied to reducing the burden on TIF funds rather than reducing the assessable amount. B. STORM SEWER The storm sewer replacement costs are not assessable and will come form the Storm Drainage Fund. 5 C. SANITARY SEWER The sanitary sewer replacement costs are not assessable and will come from the Sanitary Sewer Fund. D. WATERMAIN The watermain replacement costs will be funded by Shakopee Public Utilities Commission (SPUC). E. STREETSCAPE ITEMS The streetscape items are not assessable and will be funded by Tax Increment Funding (TIF). F. SERVICE CONNECTIONS Sewer service connections will be 100% assessed to the benefitting property owned as needed. CONCLUSIONS The downtown area on First Avenue from Holmes Street to Sommerville Street will become a local street after construction of the Minibypass Project. As such, it will be the only area in the downtown that has not been improved with a streetscape type project. At a minimum, the street needs to be replaced to eliminate unneeded driving lanes and provide more parking. It is recommended that streetscape amenities be added to match earlier projects in the downtown area. This report concludes that reconstructing First Avenue is feasible and recommends the improvements as stated in this report. 6 APPENDIX Pa_a No. Project Location 1 Street / Parking Alternative No. 1 2 Street / Parking Alternative No. 2 3 Street / Parking Alternative No. 3 4 Existing Sanitary Sewer 5 Existing Storm Sewer 6 Existing Watermain 7 First Avenue Cost Estimate 8 - 10 Lewis Street Cost Estimate 11 - 14 Assessment Area Map 15 Assessment Calculations 16 Assessment Roll 17 - 20 I'i'' r 'Qa 7-1VH3S8VH Li knw/1VHS �rjv a '�f. • .i fil1S �-� tillta 1S3IaItladS Jvl0)tlal �V a , tl d l — II 1 _. iS '�� S ! ` �� Q r1 _ I 1 is ,t�� 1 =14v-4 W -~ --. �� � _i' — 13 a op._,._ilt _ 1S [iE I ,W NIVH z C 0—.. -III Ou.1 ��wJ Y_ P l S ii, ...rai i Tcli6611 a30N3dS Q I IMU 11 vn-A3:\TTOW to 2 2l3wWOS Ovr-s,„,, �\ 3 c; 1\33c2t;itwSI/133zS \139 S3W-10H L.,.i ,-, Z --) < 1111. ° 14-\ \::0-30-3\- \ cT_(3 0 r_11-,A c--nE 83-___L_In3 ji "00t\1� ' s �il b u-ic_ , ori" 1 ;IVY H -2,V W\- Val —LI H . < V1D- O 111 .-' dli TI°\3-31C\�� tlnwnHffilj >iUI I 3-_, tillzim 5I Oaa >tatlW 'iS 5 t3isS311 Li H [ v cU srd � c�1C W ,, % �_ C .....) \ 4°s44. yilii [ ----Y o .• 1 ... _ .is [ CC . . „4,. I 6d O„ 1 S !_I ILm `` la O ` )06 1y °, `'O 00› 006 iii J� I / U 11 illnd3 W W OS a i� Q � w T— > v W � Q 0 ' 1 I < n z ii, W 1] > ; I 0 . r____________„Q/ SIMI1 < } ce Zt : I— \ I 0 J , \wino < \ - 1--- . (,-) ; \ \\ \ ce i ______ \ S � 6NH0H 2 T I / / , I - . 31-1ind3wwOS Aiimip a tri i '(%)) N cAQ - w 0 0 1 _ Q z in I CC CC - � a SIMT N <-7 ' - LLI H \ .J , \ I- Q \-\\.2 _ - \. \______ \. - S V1-10 H _ i�� T / ) - lirillinill 7 'T _ — I111A� 3NIAIOS / /1 /' gi rd ' CO ". : > 0 . / wf f › /L.) ' < ,� / z III f — a SIM31 N < ( I z- � o 0 I i z CC /til \' , \ / ..1 '\ \\ \ Q \\,\, • 1--- # cn \ \ \ ce i Ii ''. 1 SIVf1OH f ri-,____________, 4 T Emii4D------r • p M o 1 -. 'a.. • • gyi V/ Q ��� �Nis, A1-1 N Cf] 0 .. • • • I ads r \, ‘7 it) ck Cl- o 1 - co • itt amAaammos • 7 ft. z- 1 ii lijiall \`N g MP: I\V a i MN 111 riA n 10. 'z 1X4 PA iooiioillr • fir` SWIM .11611 / • . V al tva.. . k i%_.=•., . lh 2 ._ • • • • - Q ....T. E I \ Ill ME iiii . amminim Q Vii' i� •1 .101 IIM `° ii .,,_ , Eli _I VD J - c �^ • • • • E---iCr] U, olari e-., _____ - _____z::" I HOLLY �_ 1 U .• DM U 5 C' �n 1 ( 11411iFD______......r_ - .• ■i 3 a.zotaiii,3 CI) --.1.___ Ei .. / ________ ads k 20 ... 0 0 �.. 0. AO 1. wE F,. • rr , %k- 1 . 1 ,• MORN - N UNMIV-11.ill '112 �kkKI%`�_� Al VIII -Y#11 � • --------- Mr"..Z.. kk‘ t NW 7 Fi nif aanna ,_ ____, ,i ill, 0, Ti cn i .,, c,,;- Ii � i__) c/D --...z: mi . MI: ...,, ,........„ 7N ,: Mt . 0 . m. ,, , :„...: , ..... P__. 6 r C-f 1 ,( 3141ED______,nr-- ' KZE ' 47 --- ,- EH'-' . I O C' O r Igads O , . k i N ` NI " ME mze.� IIII rrl al ,, rl ;�//et - d 4 ., t: MI u A NM 11M1 __ N cep am . _ i �� 1111=01 NMM. ii!■ ,,.>, ------- .- 7 Ikv.„4...imir is Io 1 ! sti,ii . INE‘ swim 1 I N ' ' A :,1 k=i -7 IMMINMINIMMEll PEITZ -Z p' 1_ NW .pt BM 0 ~ — PdELUMINARY COST ESTIMATE DOWNTOWN STREETSCAPE PROJECT, PHASE II UNIT ITEM CONTRACT NO. ITEM UNIT QUANTITY PRICE TOTALS ' ROADWAY 1 Mobilization L.S. 1 $5,323.00 S5,323.00 2 Remove Pavement S.Y. 5200 $1.60 $8,320.00 3 Remove Curb &Gutter L.F. 1200 $2.70 $3,240.00 4 Remove Sidewalk S.F. 12000 $0.75 $9,000.00 5 Common Excavation C.Y. 1733 $4.80 $8,318.40 6 Class V Base (8") TON 2457 $7.80 $19,164.60 7 B-618 Curb & Gutter L.F. 1360 $5.50 $7,480.00 -" 8 Sidewalk (4") S.F. 9800 $1.90 $18,620.00 9 Bituminous Base (2") TON 586 $22.00 S12,892.00 10 Bituminous Wear (2") TON 586 $22.00 $12,892.00 11 Tack Coat GAL. 260 $1.00 $260.00 Estimated Roadway Cost $105,510.00 — Plus 10% Contingency S10,551.00 Subtotal $116,061.00 Plus 25% Engr./Admin. $29,015.25 TOTAL EST. ROADWAY COSTS $145,076.25 — I ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS — SANITARY SEWER 820 $9.40 $7,708.00 1 Remove Sanitary Sewer Pipe L.F. 2 Rebuild Sanitary Manhole EACH 3 $1 ,360.00 $4,080.00 — 3 Sewer Service Connects EACH 30 $295.00 S8,850.00 i — Estimated Sanitary Sewer Cost $20,638.00 Plus 100/0 Contingency S2,063.80 Subtotal S22,701.80 — Plus 25% Engr./Admin. $5,675.45 TOTAL EST. SANITARY SEWER COSTS $28,377.25 8 - PRELIMINARY COST ESTIMATE DOWNTOWN STREETSCAPE PROJECT, PHASE II UNIT ITEM I CONTRACT NO. ITEM UNIT QUANTITY PRICE TOTALS _ STORM SEWER 1 Construct Catch Basin EACH 3 $183.00 $549.00 2 Casting for Catch Basin EACH 3 $330.00 $990.00 — 3 Rebuild Storm Manhole EACH 3 $1,130.00 $3,390.00 4 1211 RCP Catch Basin Leads L.F. 60 $22.40 $1,344.00 5 Remove Catch Basins EA. 9 $345.00 $3,105.00 and Manholes $g 378.00 — Estimated Storm Sewer Costs Plus 10% Contingency $937.80 Subtotal $10,315.80 — Plus 25% Engr./Admin. $2,578.95 TOTAL EST. STORM SEWER COSTS $12,894.75 — ITEM CONTRACT I UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS — STREET SCAPE ITEMS — 1 15' Light Pole Fixture EACH 8 $2,400.00 $19,200.00 2 Tree Grates EACH 12 ' $800.00 $9,600.00 3 Trash Receptacles EACH 8 $400.00 $3,200.00 — 4 Planters EACH 12 $600.00 $7,200.00 5 Brick Paving S.F. 4000 $7.00 $28,000.00 6 Benches EACH 4 $800.00 $3,200.00 — 7 35' Foot Pole Fixture EACH 4 $2,450.00 $9,800.00 Estimated Streetscape Costs $80,200.00 — Plus 100/0 Contingency $8,020.00 Subtotal $88,220.00 Plus 25% Engr./Admin. $22,055.00 TOTAL EST. STREETSCAPE COSTS $110,275.00 9 PREUMINARY COST ESTIMATE DOWNTOWN STREETSCAPE PROJECT, PHASE II UNIT ITEM CONTRACT NO. ITEM UNIT QUANTITY PRICE TOTALS _ WATERMAIN 1 Remove Watermain L.F. 720 $9.40 $6,768.00 2 8" DIP Watermain L.F. 720 $19.30 $13,896.00 3 Adjust Gate Valve EACH 3 $155.00 $465.00 4 Reconnect Hydrant EACH 1 $795.00 $795.00 5 Reconnect Service EACH 30 $295.00 $8,850.00 — Estimated Watermain Cost $30,774.00 Plus 10% Contingency $3,077.40 Subtotal $33,851.40 Plus 25% Engr./Admin. $8,462.85 TOTAL EST. WATERMAIN COSTS $42,314.25 GRAND TOTAL $338,937.50 10 _ PTTEL1M1NARY COST ESTIMATE LEWIS STREET ITEM_ CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS — OPTION NO. 1 STREETSCAPE 1 Pavement Removal S.Y. 1000 $1.60 $1,600.00 — 2 Remove Curb & Gutter L.F. 300 $2.70 $810.00 3 Remove Sidewalk S.F. 3000 $0.75 $2,250.00 4 Common Excavation C.Y. 333 $4.80 S1 ,598.40 — 5 Class V Base TON 420 $7.80 $3,276.00 6 Concrete Curb & Gutter L.F. 340 $5.50 51,870.00 7 Concrete Sidewalk S.F. 2450 51.90 $4,655.00 — 8 Bituminous Base TON 115 $22.00 $2,530.00 9 Bituminous Wear TON 115 $22.00 $2,530.00 10 Tack Coat GAL. 50 $1.00 $50.00 11 15' Lamp Pole/Fixture EACH 2 $2,400.00 $4,800.00 — 12 Trees/Grates EACH 4 $800.00 $3,200.00 13 Trash Receptacles EACH 2 $400.00 $800.00 14 Planters EACH 4 $600.00 $2,400.00 — _ 11 PRELIMINARY COST ESTIMATE LEWIS STREET ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS 15 Brick Paving S.F. 600 $7.00 $4,200.00 16 Benches EACH 1 $800.00 $800.00 17 35' Foot Pole Fixture EACH 1 $2,450.00 $2,450.00 Total Option No. 1 $39,819.40 Plus 10% Contingency $3,981.94 Subtotal $43,801.34 Plus 25% Engr./Admin. $10,950.34 TOTAL EST. ROADWAY COSTS $54,751.68 12 _ PEUMINARY COST ESTIMATE LEWIS STREET UNIT CONTRACT ITEM NO. ITEM UNIT QUANTITY PRICE TOTALS OPTION NO. 2 VACATE 1 Pavement Removal S.Y. 1000 $1.60 $1,600.00 — 2 Remove Curb & Gutter L.F. 300 $2.70 $810.00 3 Remove Sidewalk S.F. 3000 $0.75 $2,250.00 4 Concrete Curb & Gutter L.F. 120 $5.50 $660.00 — 5 Concrete Sidewalk S.F. 480 $1.90 $912.00 6 Brick Paving S.F. 120 $7.00 $840.00 Total Option No. 2 $7,072.00 — Plus 10% Contingency S707.20 Subtotal $7,779.20 Plus 25% Engr./Admin. $1,944.80 TOTAL EST. ROADWAY COSTS $9,724.00 13 _ PRELIMINARY COST ESTIMATE LEWIS STREET ITEM CONTRACT UNIT NO. ITEM UNIT QUANTITY PRICE TOTALS OPTION NO. 3 PARK 1 Pavement Removal S.Y. 1000 $1.60 $1,600.00 — 2 Remove Curb &Gutter L.F. 300 $2.70 S810.00 3 Remove Sidewalk S.F. 3000 $0.75 $2,250.00 4 Concrete Sidewalk S.F. 4249 $1.90 $8,073.10 — 5 Brick Paving S.F. 1219 $7.00 $8,533.00 6 Trees EACH 4 $300.00 $1,200.00 7 Hedges/Flowers L.S. 1 $1,000.00 $1,000.00 — 8 15' Lamp Pole/Fixture EACH 6 $2,400.00 $14,400.00 9 Benches EACH 4 $800.00 $3,200.00 10 Sod w/Top Soil S.Y. 253 $2.50 $632.50 Total Option No. 3 $41,698.60 Plus 100/0 Contingency $4,169.86 Subtotal $45,868.46 — Plus 25% Engr./Admin. $11,467.12 — TOTAL EST. ROADWAY COSTS $57,335.58 14 . ' I, / o o NOS2�d3d a, z 0-Z9 1. 1. 00 rr) � Ma 0 o -5-<- _ / AV-10 0-w 8,1. l00 TE)0 0 0 0 0 Slddd' 0-1781. 1.00 AI NOHV 4 i/ O - LcO100 -1M08 3340>idHS W CC A3NORri 0-9201 W 0-S81 1. 00 0 _L Q 2J3A-1VH O - S c O 1. 00 0-921, 1. 00 ozo>- 01 oa in U VT 1I8WV� 8 iwiizomo� � p i o �- I 0 — 17 0 L - Li -W r- o z _ = SIM1 III ,,,,,,\N 2 t C) Id01 oz cn OIdOl 0-OSO l o-99t. looo s,3-1123 n l o✓ X1110 l -OSO 1. o-�9 4 400 < (J J _ 5,3-11e:1111 o � .1110 0 61701. 0-!91400 WAMOS 0-81701 N3SS3ea 0-291- 100 i cf) , \ I I— S31-1011H 0-L17OI S3I2:1 0- 69 L 400 `� NVAI1111S 0-0L l 1.00 \ \ 1� IH 0- 9170 1.(JP) \J3ViViN O-S�O L SS3N?3 'O 0- lL l 1.00 Q 11OD�3H 0 -Vt7O L 10S ONI>I 0-ZLl1.00 N3HMINS213N12:13M 0-tL t 400 \ \ NOSHV-I 0-2L l l00 SN1OH 15 ASSESSMENT CALCULATIONS Total Assessable Amount = 25% of Roadway Costs = 25% x $145,076.25 = $36,269.06 ASSESSABLE METHODS: Assess on Adjusted Front Foot Basis for 70% of Total Assessable Costs. 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Ekola, City Planner RE: Amendment to the Stonebrooke Planned Unit Development DATE: September 7 , 1993 INTRODUCTION: Earlier this year, Laurent Builders, Inc. requested three amendments to the Stonebrooke Planned Unit Development (PUD) . At the April 8, 1993 , meeting, the Planning Commission recommended approval of two of the three requests to the City Council, and the City Council approved these two requests at their meeting on April 20, 1993 . The Planning Commission tabled their decision regarding the application for the proposed relocation of five twinhomes to the northerly portion of the PUD from farther south, pending the completion of the annual inspection of the existing on-site septic systems in Stonebrooke 1st Addition. This information has been submitted to the satisfaction of the Planning Commission, and at their September 9, 1993 , meeting, they recommended approval of the request, subject to seven conditions. BACKGROUND: The Stonebrooke site is located in the southeast corner of the intersection of CR 78 and CR 79, and adjacent to O'Dowd Lake. The northerly portion of the area is zoned Rural Residential (R-1) , and the southerly portion is zoned Shoreland District (S) . It is located outside of the urban service area. (See Exhibit A. ) The total area of the PUD site is 198 . 7 acres in size. The Shakopee City Council approved the Final Development Plan for the Planned Unit Development (PUD) for Stonebrooke in July of 1987. The PUD included 74 single family lots and 9 twin home lots (18 units) for a total of 92 dwelling units. The approval of the PUD also included the eighteen hole golf course. The 1st Addition of the Stonebrooke PUD was approved by the City Council in January of 1988 , and it included the golf course, 25 single family lots and 5 twin home lots (10 units) . The plat identified the golf course and areas to be developed as future phases as outlots. The original PUD approved 27 single family lots and 4 twin home lots (8 units) within the 2nd Addition. Although the approval of both the PUD and the Final Plat for the 1st Addition allowed 5 lots to be developed with twin homes, the applicant is proposing that all 30 lots will be developed with single family detached homes in the 1st Addition. The City Council recently approved requests for the two other amendments including 1) change the proposed commercial development of Outlot A into two single family residential lots; and 2) allow a 32 car expansion of the golf course parking lot. The developer has since received approval for the Final Plat for Stonebrooke 2nd Addition, which incorporated these changes. The amendment to relocate twinhomes to Abbey Point was separated from the application for Final Plat approval for the 2nd Addition, and has been proposed to become a part of the 3rd Addition. The following is a list of exhibits attached with this memo: Exhibit A Area zoning map B March 24 , 1993 letter from the applicant C Septic system inspection report and financial guarantee D April 8 , 1993 Planning Commission minutes E 1987 PUD approved plan F 1993 PUD plan G 1993 Phasing plan H Septic System plan DISCUSSION: As shown on the 1987 PUD (Exhibit E) , five twinhomes were originally proposed to be located off of Londonderry Cove near O'Dowd Lake. The proposed amendment would relocate four twinhome designations to the Abbey Point area and one additional twinhome along Fairhaven Drive near hole 14 . The originally designated twinhome lots along Londonderry Cove would be redesignated as single family lots. The applicant submitted a letter dated March 24 , 1993 , noting reasons for the relocation of the five twinhomes to the north half of the PUD. Please refer to Exhibit B. The Planning Commission tabled their decision on the twinhome relocation proposal pending the results of the annual inspection of the existing on-site septic systems. The inspection report has been submitted with additional information on the financial guarantee. Please refer to Exhibit C. At the April 8th meeting of the Planning Commission, several concerns were raised by persons attending the public hearing. Attached as Exhibit D is a copy of the April 8th minutes. One of the issues raised at the public hearing addressed the proposed increased number of dwellings on Abbey Point. On the approved 1987 Preliminary Development Plan for Stonebrooke, a total of eight dwelling units were proposed to be located along the street called Abbey Point. The proposed amendment would increase the number of dwellings on this cul-de-sac street by four units, for a total of twelve dwelling units. The townhome concept proposed by the applicant is further explained in Exhibit B. As proposed, the ownership of the twelve dwelling units and surrounding common spaces in Block 13 would be similar to other townhome projects in the City. In other townhouse projects, residents purchase the residential unit and a small piece of property around the structure. The larger surrounding outlot areas are owned and maintained by the homeowner's association. With the PUD process, the applicant is proposing variances from the minimum lot area ( . 5 acre) , lot size (width 150 feet, depth 200 feet) and required frontage to the public right-of-way for the twelve townhome lots along Abbey Way. The Zoning Ordinance requires that two septic sites and a minimum of one acre of area for each residence for sewage treatment be provided. Exhibit H illustrates the location of the two drain fields for all lots proposed in Phase II of Stonebrooke. As noted on the septic system location plan, each drain field site covers approximately 2 , 200 square feet. The total area of the proposed Block 13 and surrounding sewer easements on the golf course totals 13 . 87 acres. The twelve dwelling units would require a minimum of twelve acres of land for the sewer area requirement. The amount of sewer easements on the golf course has been increased from the original PUD. The Building Department staff has reviewed the additional information supplied by the applicant on the proposed septic system design. Based on a review of the submitted percolation tests and soil borings, the site can support the four additional dwelling units and their septic systems. Either a trench or mound system will be utilized for the proposed residential sites. Approval of the specific design of individual septic systems will be required prior to the release of any building permits in Phase III. The City Engineer has commented that the streets must meet the City design criteria. If the applicant is proposing a different street section than the standard, prior approval from the City Engineer must be obtained. The phasing of street construction through Abbey Point will continue the over-length cul-de-sac until the 4th phase is constructed. A variance to the 1000 foot cul-de-sac street length maximum is included as condition 2 . The County Engineer has commented that the proposed amendment is consistent with the original plans as it relates to access locations. Access to County Roads requires an approved County Highway Entrance Permit. The Building Official has commented that the applicant must provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or building sites are filled. In addition, separate utility services will be required for twin home construction. The area is not identified as a future park site in the City's draft Comprehensive Plan. With the first addition, a park dedication fee was collected in lieu of park land. The developer deferred the fee until the time of the building permit. The park dedication fee was set at $200. 00 per single family dwelling and $400. 00 for a twin home ($200. 00 per unit) . The construction of the trail connecting Timber Trails Addition to O'Dowd Park was required with the 1st Addition and was counted as a credit towards park dedication requirements. The park dedication requirement would need to be recalculated for the lots within the 3rd Addition. Staff is currently in the process of obtaining an appraisal of the property in order to complete these calculations. On January 1, 1992 , the Wetland Conservation Act of 1991 became effective. The City of Shakopee has been designated as the Local Governing Unit in charge of administrating this program. This site received preliminary plat approval prior to the Wetland Conservation Act of 1991, and is exempt from its requirements. ALTERNATIVES: 1. Approve the request for an amendment to the Stonebrooke PUD. 2 . Deny the request for an amendment to the Stonebrooke PUD. 3 . Table the decision to allow for the applicant or staff to present additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended to the City Council the approval of the request for an amendment to the Stonebrooke PUD, subject to the following conditions: 1. The relocating of four twinhomes from Phase I to Abbey Point and one twin home from Phase I to Fairhaven Drive is approved. A variance from the minimum lot areas, lot sizes and frontage to the public right-of-way for the twelve lots in Block 13 is approved. 2 . A variance from the Subdivision Regulations on the temporary over-length cul-de-sac street for Fairhaven Drive/Abbey Point is approved as shown on the revised phasing plan. 3 . The Grading Erosion Control Plan for Phase II must be approved by the City Engineer prior to preliminary plat approval by the City Council. 4 . The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 5. Separate easements shall be provided for any off-site septic systems. 6. Documentation verifying the maintenance of the common areas in Block 13 by the homeowners association must be submitted. 7 . All previous conditions from the original PUD approval and subsequent amendments shall remain in place. ACTION REQUESTED: Offer Resolution No. 3862, A Resolution Approving an Amendment to the Final Development Plan and Development Agreement for the Stonebrooke Planned Unit Development, and move its adoption. RESOLUTION NO. 3862 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN AND DEVELOPMENT AGREEMENT FOR THE STONEBROOKE PLANNED UNIT DEVELOPMENT. WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of an Amendment to the Final Development Plan and conditions to be included in the Development Agreement for the Stonebrooke Planned Unit Development on September 9, 1993, to the City Council 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 an amendment to the Final Development Plan for the Stonebrooke Planned Unit Development authorizing the construction of twin homes on 6 lots (12 units) in the 3rd Addition. No twin home construction has occurred in the 1st Addition, the construction of three twin homes will occur in the 2nd Addition, and no twin home construction will occur in the 4th Addition. This approval is subject to the following conditions: 1. The relocating of four twinhomes from Phase I to Abbey Point and one twin home from Phase I to Fairhaven Drive is approved. A variance from the minimum lot areas, lot sizes and frontage to the public right-of-way for the twelve lots in Block 13 is approved. 2 . A variance from the Subdivision Regulations on the temporary over-length cul-de-sac street for Fairhaven Drive/Abbey Point is approved as shown on the revised phasing plan. 3 . The Grading Erosion Control Plan for Phase II must be approved by the City Engineer prior to preliminary plat approval by the City Council. 4 . The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 5. Separate easements shall be provided for any off-site septic systems. 6. Documentation verifying the maintenance of the common areas in Block 13 by the homeowners association must be submitted. 7. All previous conditions from the original PUD approval and subsequent amendments shall remain in place. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney EXHIBIT A • • 1 . - - .. - moi_ Ce PO 77 ,_.. .... — .+! __,.(..1‘..—‘-u-1 :9 .: _- 1 a • -- :: I�y .:= , .-4..• -'' - i tg;-:<-:._::,_ ' !� v ;'i C`oj`..;; :::::>.Fc'' ii>: "moi c, + ^. : ,. • • • • ":i:i e • ;� .-•=----...,1- _ e,./1 . ..0,WC Ok`+ y ?J. �: % i -- r----- v f • ?., 41,0'!? , i t.t i - '-...../ ...---\ 3 • Ili _ j!Mt; L .,.. ,. _..„, . ------- - AG AGRICULTURE ° : ___ �S j' "VA 4.•L • Ay,;._-o _ - . . R1 RURAL RESIDENTIAL �1 Ftii- - ''`~ R2 URBAN RESIDENTIAL ...--.7"/ ,, r R3 MID-DENSITY RES. j _�� • - R4 MULTI FAMILY RES. t� ..SZi' :4 B1 HIGHWAY BUSINESS - - - - _-- : (.7----:---t; 62 COMMUNITY BUSINESS '; = B3 CENTRAL BUSINESS - �` ' ���` r - C. :/ %2 11 LIGHTINDUSTRIAL _• ``� `• ', � _ F : �'� tp 12 HEAVY INDUSTRIAL t _._. _ '''"T '\ ? \ A rse.EwLi-+,_' -- • S SHORELAND `7. `i 3i : _�_.. - . y�; L. } 4.1 - A FLOODPLAIN DISTRICT. _ - -_..• _ _,-_, , • • MO MANDATORY PUD ` ` ` - .- ; __ RTD RACETRACK DISTRICTI __- - °• Zoning Map - . City ' of SHAKOPEE �► EXHIBIT B Corporate Office -he Laurent Building L A U R E N T (612) 445-6745 28 South Fuller Street, Shakopee, MN 55379 B U L DER 5 March 24, 1993 Mr. Lindberg Ekola Ms . Terrie Sandbeck Planning Department City of Shakopee Mr. Ekola & Ms. Sandbeck; There are several items regarding Phase II of Stonebrooke we would like to address and by doing so, hope to bring forth some clarifications. The first item is density transfer; specifically the relocation of the lots designated as allowing twin homes. There are several reasons relocation makes sense: 1 . ) Savinc the Hardwood Forest. At the point where we actually began designing twin homes on Londonderry Cove, it became apparent that the larger footprint, including larger driveway areas and additional sewage areas, would require the removal of many of the large mature native hardwoods located one8oset nlots. This wouwould have destroyed, in large part, a gr aesthetic asset; and was simply unacceptable. 2. ) Better Accommodation of Sewage Systems. The area we are proposing to transfer these units to is unwooded and thus allows more flexibility. The soils in that area are very accommodating tonite sewageestresults) . treatment, (as evidenced by the percolation It will actually be easier to design and install systems in the proposed area then in the original area. 3. ) Better Association Control and Functions. As we progressed with the Twin Home design concept• ovidesle and function of an association grew. Our concept pr for an association that would, among other things, be responsible for all exterior maintenance of the buildings and grounds. We believe • belieelwould easily accomplished if all oftheunitsee proximate to one a mile in distance. another , rather than divided by nearly BUILDERS • DEVELOPERS March 24, 1993 Mr . Lindberg Ekola Ms . Terrie Sandbeck Planning Department City of Shakopee Page 2 4. ) Better Architectural Control . We have found from past projects, that as a developer we are able to exercise greater architectural control in attached projects than in detached. Individual detached units tend to have more homeowner direction to design than attached units, even if both are individually designed. Please keep in mind that the units and concept planned, even though they bear the same name "Twin Homes", should not be confused with the entry level twin homes commonly found in the metro area. What we are proposing is very upscale and compatible with the entire Stonebrooke project. We will, in fact, be marketing these units under a name other than "twin homes." Another item we would like to address is the understandings of "twin home designation as used in this PUD. A lot designated as "twin home" means that the option exists to build a twin home on that lot. It does not preclude the construction of a single family detached residence. This is the same concept as employed in Shakopee's R2 zones. In fact, there are several plats in the City where the maximum number of twin home lots is put in place in the platting process, that limit doesn't require that a certain number of twin homes be built. Finally, we would like to express our thoughts regarding the cul de sac length issue. In the extensive development review process which the Stonebrooke project underwent, the topic of cul de sacs was discussed at great length. This discussion included the cul de sacs at Londonderry Cove, Stonebrooke Drive, Abbey Point, Cambridge Way and the temporary at Fairhaven Drive. We contend that ofthethese eserwere approved in the PUD process. Evidence of approvalpry, cul de sac exists in that we were requireto olsubmitrly saoPhawssingae which was reviewed and approved. That plan division crossing the proposed Fairhaven Drive, eastaofrthel tof Abbey ennD Point intersection. None of the many ios phasef povof cul restricted the developer from constructing de sac length concerns. Thank you for considering our comments.e let tsIf ereoare additional items you would like us to commeon, P Sincerely; Randy Laurent, Vice President LAURENT BUILDERS, INC. EXHIBIT C SEPTIC SYSTEM DESIGNS P.O. Box 63 • Chaska, MN 55318 • (612) 447-7902 John Goihl Stonebrook Homeowners Association c/o Laurent Builders 128 South Fuller Shakopee, MN 55379 On April 27, 1993 a visual inspection was done in the phase I area of the Stone- brook Addition. This first annual inspection is to satisfy the requirements set forth in Article V Rights and Obligations of the Association 5.1 Septic Systems. Upon investigation of the septic systems presently in use, I found all systems to be of the drop box trench style. Some systems entirely gravity and others utiliz- ing a pump to lift to first drop box. Alarms for these pumps are located inside the dwelling. Each septic tank and pump tank will be serviced annually as stated by the agreement. Care should be given to new installation to protect from eros- ion due to lack of vegetation. Compaction of drainfield area should also be avoided during construction by roping area when occupied to prevent failure. Every site appeared to be funcitoning without a surface discharge or odor problem. These lots were observed as well as a couple that are in the process of construc- tion for my future benefit: Lot 3 Block 5, Lot 1 Block 4, Lot 3 Block 4, Lot 7 Block 4, Lot 3 Block 2, Lot 4 Block 2, Lot 5 Block 2, Lot 7 Block 2, Lot 8 Block 2, Lot 10 Block 2, Lot 11 Block 2 and Lot 15 Block 2. If your association would desire, I can provide homeowners with an informal educational discussion to highlight the care necessary for a successful on-site sewage treatment system. Please call me if you have any additional concerns in this matter. A copy of the Minnesota Chapter 7080 Rules by which these systems are designed and installed is available for the Associations library. Respectfully, I Julie'iagen M.P.C.A. x!1654 Certified Inspector, Site Evaluator & Designer Marquette Bank Shakopee,N.A. 380 S. Marschall Road Shakopee, MN 55379-0480 (612) 445-6300 Fax (612) 496-7449 IRREVOCABLE LETTER OF CREDIT NO. 260 Tune 17, 1993 City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 Re: Stonebrooke Residential Home Owners Association, INC. To Whom It May Concern: In conformance with the provisions of the land development agreement between the City of Shakopee and Stonebrooke Residential Home Owners Association, INC., we hereby issue this Irrevocable Letter of Credit in the amount of S2,000.00. The drafts drawn under this credit are to be endorsed hereon and must bear the clause "drawn under Marquette Bank Shakopee, N.A., Bank Credit No. 260, effective June 18, 1993". Marquette Bank Shakopee, N.A. agrees with the drawers, endorsers and bona fide holders of drafts drawn under and negotiated in compliance the terms Nof this credit oor before tJlune 18,e 1994. shall e duly honored upon presentation at Marquette BShakopee, The Letter of Credit is subject to the Uniform Customs and Practice for Commercial Documental y Drafts/ICC Publication No. 400. Except as otherwise expressly stated herein, this Letter of Credit shall be subject to and governed by the laws of the State of Minnesota, including the Uniform Commercial Code as applies to letters of credit. S' erely, i�`G 1 G92 7 •/-/) Terrence E. O'Toole Senior rice President 7 EXHIBIT D OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COM_*1ISSION Regular Session Shakopee, Minnesota April 8 , 1993 MEMBERS PRESENT: Madigan, Mars, Joos, Spurrier, Zak - 7 • MEMBERS ABSENT: Kelly, Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Debra Zabel, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 8 : 06 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was amended to add a meeting date for the Zoning Ordinance update, and a reminder for the April 22nd special meeting to other business. The agenda was approved as amended. III. APPROVAL OF THE MARCH 25 , 1993 MEETING MINUTES Chrmn. Joos wanted to clarify that on page 11, there was a motion made by Comm. Kelly with Comm. Madigan seconding to continue the public hearing and later on it states that Chrmn. Joos second when there already was a second on the table. Minutes were approved as corrected. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. V. ANNUAL REVIEW - NBZ Mr. Ekola stated that Staff needed additional time for the review and asked that the Planning Commission table this item until the May meeting. Motion: Comm. Mars/Spurrier moved to table the annual review until the May 6th meeting. Vote: Motion carried unanimously. VI. -PUBLIC -HEARING ' CONTINUED: TO - CONSIDER -AN. AMENDMENT TO THE STONEBROORE PLANNED UNIT DEVELOPMENT AND 'THE PRELIMINARY PLAT OF STONEBROOKE 2ND ADDITION, LOCATED SOUTH OF- CR 78, EAST OF CR 79 AND WEST OF TIMBER TRAILS ADDITION Chrmn. Joos opened the public hearing to consider an amendment Minutes of the Page 2 Shakopee Planning Commksion April 8, 1993 to the Stonebrooke Planned Unit Development and the Preliminary Plat of Stonebrooke 2nd addition, located south -of CR 78 , east of CR 79 and west of Timber Trails Addition. Mr. Ekola stated there was a clarification needed on the Staff report for the relocation of 5 twin homes instead of 4 twin homes from the 1st addition to the 2nd addition. He stated there would be the same amount of twin homes, but all would occur in phase two. Six of the twin homes would be on Abbey Point and three would be on Fairhaven Drive. There are three basic amendments of this PUD. One is the relocating of 4 twin homes to Abbey Point. Originally two were to be on Abbey Point. The applicant, through the PUD review process, is requesting variances from the lot area, the lot size, and required frontage to a public street for the 12 units. The Building Department staff has reviewed the additional information on the proposed septic system design based on percolation and soil boring information. This can be utilized for residential units and the approval of specific design of the individual septic systems has to occur prior to the release of the building permit. The second proposed amendment is changing Outlot A from commercial to single family residential development. There are two drain field sites for each particular lot. The third proposed amendment is the expansion of the golf course parking lot with 36 additional stalls. There have been no curb cuts proposed. One of the requirements of Staff would be that the Homeowner's Association be responsible for the annual inspection of on- site sewer systems . This condition had not been complied with to date. However, the applicant is aware of the requirement and is working to get that straightened out. Mr. Ekola stated that Staff was recommending approval of the proposed amendments to the Stonebrooke PUD, subject to the ten conditions as listed in the staff report. Comm. Zak asked for clarification on the relocation of the lots from the 1st addition to the 2nd addition. Mr. Ekola stated that what was being proposed was to relocat the density that would occur within the first phase and moving it to 2nd addition. Mr. Ekola stated there would be no change in density occurring with the move. Comm. Zak said that moving these locations would result in changes in physical design, logical balance and the septic situation and wondered if this was allowable within the ordinance. EXHIBIT D OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota April 8 , 1993 MEMBERS PRESENT: Madigan, Mars, Joos, Spurrier, Zak MEMBERS ABSENT: Kelly, Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Debra Zabel, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 8 : 06 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was amended to add a meeting date for the Zoning Ordinance update, and a reminder for the April 22nd special_ meeting to other business. The agenda was approved as amended. III. APPROVAL OF THE MARCH 25 , 1993 MEETING MINUTES Chrmn. Joos wanted to clarify that on page 11, there was a motion made by Comm. Kelly with Comm. Madigan seconding to continue the public hearing and later on it states that Chrmn. Joos second when there already was a second on the table. Minutes were approved as corrected. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. V. ANNUAL REVIEW - NBZ Mr. Ekola stated that Staff needed additional time for the review and asked that the Planning Commission table this item until the May meeting. Motion: Comm. Mars/Spurrier moved to table the annual review until the May 6th meeting. Vote : Motion carried unanimously. VI. -PUBLIC HEARING CONTINUED: TO CONSIDER AN AMENDMENT TO THE STONEBROOKE PLANNED UNIT DEVELOPMENT AND THE PRELIMINARY PLAT OF STONEBROOKE 2ND ADDITION, LOCATED SOUTH OF CR 78, EAST OF CR 79 AND WEST OF TIMBER TRAILS ADDITION Chrmn. Joos opened the public hearing to consider an amendment Minutes of the Page - 3 Sha3copee Planning Commission April 8, 1993 Mr. Ekola stated that the only requirement would be to amend the PUD, and that is what the applicant has applied for. He • explained that there are requirements for the septic systems. There has to be a minimum area of one acre and a minimum of two drain field sites, primary and secondary. Mr. Ekola informed the Commission that these requirements have been met and there is an additional acre available for easements for the drain fields. Chrmn. Joos asked if there were any further questions of Staff. Comm. Mars wanted to know if the developer's sample testings had been shared with Scott County. Mr. Ekola stated that the samples were taken from the original PUD in 1987 and he assumed that the samples had been shared with Scott County. Chrmn. Joos asked if there were any further questions of Staff. There was no response. Chrmn. Joos asked the applicant to come forward and address the Commission. Mr. Gary Laurent, Laurent Builders , Inc. , stated that the soil borings and percolation tests had been done and all comply with the ordinance. Mr. Laurent stated that he did not feel the allegations from Frederickson and Byron were relevant at this meeting. He also stated that on-site sewage system information had been submitted to Scott County. Comm. Mars wanted clarification as to the letters sent to Mr. Freuchette, Scott County, concerning the on-site sewage system. Mr. Laurent stated that the only reason the County got involved in this process was due to an EAW that was required as part of the study. Chrmn. Joos stated that he would like a copy of the letters corresponding with Mr. Freuchette. Mr. Laurent stated the reasons for moving the twin homes was that the homes on Londonderry Cove that the road would partially be on City property. This part of the City property had been acquired by LawCon funds and therefore have restrictions that the City not use this land for any other purpose except for parks. Because of this problem, the road had to be moved, which moved the homes farther into the wooded area and they felt that the wooded lots should not be destroyed. With the movement of the homes, they could have a Minutes of the Page - 4 Shakopee Planning Commission April 8, 1993 more efficient maintenance area for the Homeowner's Association and better accommodation of the sewage systems. Chrmn. Joos asked whether there were any problems with the current septic systems at Stonebrooke. Mr. Laurent stated there was not. Mr. Laurent stated the Home Owners Association would be responsible for the sewage maintenance. However, they have not yet signed for that but the developer has. The Association would be responsible for annual inspections of sewage systems . Comm. Mars stated that with the changing of Outlot A from commercial to single family that the density would b< maximized under the PUD ordinance and it would not allow further growth in this development. Chrmn. Joos reminded everyone it was a public hearing and asked if anyone in the audience wishing to speak to the issue to step forward. Mr. John Schmitt, 1015 South Main Street, stated that he had been on the Planning Commission when this project was first started and that he was involved in the design implementation of the PUD. He had concern over Abbey Point that the density would be increased approximately 50 percent. He stated that each unit would require a half acre plus one acre around the lot. However, he felt there would not be enough acreage available at Abbey Point. Mr. Schmitt stated that the septic system space would be partially into the golf course. He suggested the soil borings from 1987 may not be any good after all this moving around is done. He also stated there are wetlands in this area and that the DNR would not approve of them being used as a drainage area. Mr. Schmitt suggested to the Planning Commission to have the inspections redone in this area. He felt the cart house should not be built since it was not part of the original plan. He wanted to know whether portion around Timber Trails had been incorporated into the PUD and how the walkway easement would fit into this. Chrmn. Joos asked whether Mr. Schmitt could explain the half acre lot size with septic system on the golf course. Mr. Schmitt informed the Planning Commission of past practice with the septic systems. He stated further that if there was a community sewer in this project he would not have a problem with continuing it. Mr. Kent Harbinson, Frederickson and Bryant law firm, brought to the attention of the Commission past occurrences of this Minutes of the Page e Shakopee Planning Commission April 8, L99�€ Mr. Ekola stated that the only requirement would be to amend the PUD, and that is what the applicant has applied for. He explained that there are requirements for the septic systems. There has to be a minimum area of one acre and a minimum of two drain field sites, primary and secondary. Mr. Ekola informed the Commission that these requirements have been met and there is an additional acre available for easements for the drain fields. Chrmn. Joos asked if there were any further questions of Staff. Comm. Mars wanted to know if the developer's sample testings had been shared with Scott County. Mr. Ekola stated that the samples were taken from the original PUD in 1987 and he assumed that the samples had been shared with Scott County. Chrmn. Joos asked if there were any further questions of Staff. There was no response. Chrmn. Joos asked the applicant to come forward and address the Commission. Mr. Gary Laurent, Laurent Builders , Inc. , stated that the soil. borings and percolation tests had been done and all comply with the ordinance. Mr. Laurent stated that he did not feel. the allegations from Frederickson and Byron were relevant at this meeting. he also stated that on-site sewage system information had been submitted to Scott County. Comm. Mars wanted clarification as to the letters sent to Mr. Freuchette, Scott County, concerning the on-site sewage: system. Mr. Laurent stated that the only reason the County got involved in this process was due to an EAW that was required as part of the study. Chrmn. Joos stated that he would like a copy of the letters corresponding with Mr. Freuchette. Mr. Laurent stated the reasons for moving the twin homes was that the homes on Londonderry Cove that the road would partially be on City property. This part of the City property had been acquired by LawCon funds and therefore have restrictions that the City not use this land for any other purpose except for parks. Because of this problem, the road had to be moved, which moved the homes farther into the wooded area and they felt that the wooded lots should not be destroyed. With the movement of the homes, they could have a mPage - 5 m mutes of the April g 5 Shakopee Planning Comission project. He did not feel the Homeowner' s Association inspection reports had been accomplished. He stated that the • density would be doubling without even knowing what the on- site sewage reports would reveal. Mr. Harbinson stated that it appeared to him that Mr. Laurent had already started building the parking lot. He suggested that Staff look more thoroughly into the percolation tests and soil borings . He stated that some dirt had been put into O' Dowd Lake and wondered whether the DNR knew what was going on. Mr. Don McKush, 15279 Howard Lake Road, asked why Lot 4 was being developed when it originally had been recommended not to be developed . He stated there would not be enough land for the extra half acre needed if two homes were built on the property designated for one home. He also had concern on the sewage system and whether it would partially be in the golf course. He had asked about the set-back variance. Mr. Ekola stated that the Staff report identifies variances necessary for lot area, lot size, and location next to a public right-of-way. Mr. Laurent commented that Abbey Point is being increased from 8 to 12 units and it is not double. He stated that in terms of the letters submitted from his company about the comparisons of the projects, they were not concerning density, but rather makeup of ownership. Mr. Laurent stated that the number of units is very well shown in the PUD. He stated there has been the intention to request an amendment for density transfer, but were waiting until the first phase was measured. He explained that the pathway and tee on #7 was an agreement between the City of Shakopee, Timber Trails, and the developer after the PUD was completed. He stated that if the lots are one acre in size then no additional sewage easement had to be dedicated. Chrmn. Joos stated that the issues concerning the Notermann's and the neighborhood meetings were not relevant at this time. Mr. Laurent stated that he had recently received information from a tester licensed by the Pollution Control Agency stating its approval of the soil situation. He stated there has been no construction started on the parking lot. He explained that the work done on #7 was approved by the DNR. Comm. Mars asked how long it would take to get testings of septic systems to the Commission. Mr. Laurent suggested making this a condition of the approval and that it be submitted by a licensed inspector. Aiinutes of the Page - 6 Shakopee Planning Commission April 8, 1993 Comm. Spurrier commented on the change of the development from the original PUD. Mr. Schmitt commented that the change is not to approve a PUD within a PUD which might require a separate Homeowner's association. Mr. Laurent stated that the documents concerning the associations have not changed since the first approval of the project and that instead of five units on Londonderry Cove, they are just being transferred. Mr. Harbinson wanted answers about on-site sewage systems. Comm. Mars asked whether Mr. Hutton would comment on the soil samples. Mr. Hutton stated the septic design and soil analysis is governed by a Scott County ordinance, which was adopted by the City. He stated that he did not wish to comment because this is under the jurisdiction of the Building Department. Chrmn. Joos asked if there were any other comments or questions. There was no response. Motion: Comm. Madigan/Spurrier moved to close the public hearing at 9 : 30 p.m. Vote: Motion carried unanimously. Comm. Zak was still concerned about transferable zoning. He also stated he would like more information on the sewage inspections. He also stated concerns about density, sewage and waste water. Chrmn. Joos asked how much time it would take to get inspections of the on-site sewer systems. Mr. Laurent stated it would probably be June or July. Mr. Ekola stated that condition number 5 recommended .July 1. Chrmn. Joos suggested moving that date up and asked whether they were involved in the Homeowner's Association. Mr. Laurent stated they were in compliance with the Homeowner' s Association and asked that the date change be made a condition of the approval . He stated they would like to continue with the golf course if this project would be held up for some time. Minutes of the Shakopee Planning Commissione - 5 April 8, 19'93 project. He did not feel the Homeowner's Association inspection reports had been accomplished. He stated that the • density would be doubling without even knowing what the on- site sewage reports would reveal . Mr. Harbinson stated that it appeared to him that Mr. Laurent had already started building the parking lot. He suggested that Staff look more thoroughly into the percolation tests and soil borings . He stated that some dirt had been put into O'Dowd Lake and wondered whether the DNR knew what was going on. Mr. Don McKush, 15279 Howard Lake Road, asked why Lot 4 was being developed when it originally had been recommended not to be developed. He stated there would not be enough land for the extra half acre needed if two homes were built on the property designated for one home. He also had concern on the sewage system and whether it would partially be in the golf course. He had asked about the set-back variance. Mr. Ekola stated that the Staff report identifies variances necessary for lot area, lot size, and location next to a public right-of-way. Mr. Laurent commented that Abbey Point is being increased from 8 to 12 units and it is not double. He stated that in terms of the letters submitted from his company about the comparisons of the projects, they were not concerning density, but rather makeup of ownership. Mr. Laurent stated that the number of units is very well shown in the PUD. He stated there has been the intention to request an amendment for density transfer, but were waiting until the first phase was measured. He explained that the pathway and tee on #7 was an agreement between the City of Shakopee, Timber Trails, and the developer after the PUD was completed. He stated that if the lots are one acre in size then no additional sewage easement had to be dedicated. Chrmn. Joos stated that the issues concerning the Notermann's and the neighborhood meetings were not relevant at this time. Mr. Laurent stated tha.t he had recently received information from a tester licensed by the Pollution Control Agency stating its approval of the soil situation. He stated there has been no construction started on the parking lot. He explained that the work done on #7 was approved by the DNR. Comm. Mars asked how long it would take to get testings of septic systems to the Commission. Mr. Laurent suggested making this a condition of the approval and that it be submitted by a licensed inspector. Minutes of the Page 7 Shakopee Planning Commission April 8, 1943 Comm. Spurrier stated he would like information on the sewage systems and suggested possibly tabling this mater until the May meeting. Chrmn. Joos stated that there are three different issues involved and asked if they could be separate votes . Mr. Ekola felt it was appropriate that the Commission move forward on the two amendments and table the third . However, he would check over the course of a break whether they could be separated. Chrmn. Joos recessed the Planning Commission meeting at 10 : 03 p.m. for a short break. Chrmn. Joos resumed the Planning Commission meeting at 10 : 10 • p.m. Mr. Ekola stated that the projects could be separated and dealt with individually. Motion: Comm. Mars/Zak offered to recommend to the City Council approval of the 2nd and 3rd amendments to the Stonebrooke PUD as recommended by staff . Chrmn. Joos asked if there was further discussion. Comm. Spurrier asked if there were any drainage facilities that cross Block 12 . Mr. Ekola stated that since that area was platted as Outlot A, there probably is not drainage facilities but that would be addressed in the platting process. Mr. Hutton stated that during the platting process they could get drainage easements. Chrmn. Joos asked if there was further discussion. There was no response. Vote: Motion carried unanimously. Motion: Comm. Zak/Madigan moved to table the decision on Amendment No. 1 , pending sewage test results . Comm. Spurrier suggested setting a time limit and stating specifically what type of report is requested. Comm. Zak stated that the PUD would be requesting a format and that would be suitable . Minutes of the Page - 8 Shakopee Planning Commission April 8, 1993 Mr. Ekola stated septic systems information would be submitted to the City and suggested tabling until the July meeting to give Staff enough time to prepare these items. Mr. Laurent stated he needed the report before July 1 and suggested tabling to the meeting in June and hopefully they would have the report by that time. Otherwise it could be tabled until the July meeting. Comm. Spurrier suggested that everyone in the audience wishing to be contacted about this matter leave their name and phone number so they could be reached. Vote: Motion carried unanimously. VII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO OPERATE A CLASS II RESTAURANT AT 837 E. 1ST AVE. The Assistant Planner stated that the applicant is proposing to demolish their existing Kentucky Fried Chicken restaurant and Jerry' s Pizza in order to construct a new Kentucky Fried Chicken Restaurant. The applicant is also currently requesting a 6 parking stall variance to the 49 parking stalls required by Section 11 . 05, Subd. 3 from the Board of Adjustment and Appeals which was approved. The public hearing regarding this variance request has already been held this evening, and a lot of the history regarding this site has already been discussed. The existing restaurant has not received a Conditional Use Permit in the past. However, before a building permit could be approved for the new structure, a Conditional Use Permit is required. The Assistant Planner stated that Staff is recommendinci approval of this Conditional Use Permit subject to five conditions . Mr. Hopfenspirger was available for questions. Chrmn. Joos opened the public hearing. Comm. Mars requested adding Condition number 6, stating there will be no access allowed onto Bluff Avenue. He also suggested adding Condition number 7 in regard to landscaping, Mr. Ekola stated the ordinance would require one tree every 50 feet along the public rights-a-way and parking in that set back would have to be screened. Those requirements would need to be complied with in order to approve the Building Permit. Comm. Mars stated there would be no need for a Condition Number 7 at this time. Minutes of the Page 7 Shakopee Planning Commission April 8, 1.953 Comm. Spurrier stated he would like information on the sewage systems and suggested possibly tabling this mater until the May meeting. Chrmn. Joos stated that there are three different issues involved and asked if they could be sepa: ate votes. Mr. Ekola felt it was appropriate that the Commission move forward on the two amendments and table the third. Howevei , he would check over the course of a break whether they could be separated. Chrmn. Joos recessed the Planning Commission meeting at 10: 0 p.m. for a short break. Chrmn. Joos resumed the Planning Commission meeting at 10 : 10 p.m. Mr. Ekola stated that the projects could be separated and. dealt with individually. Motion: Comm. Mars/Zak offered to recommend to the City Council approval of the 2nd and 3rd amendments to thf Stonebrooke PUD as recommended by staff. Chrmn. Joos asked if there was further discussion. Comm. Spurrier asked if there were any drainage facilities that cross Block 12 . Mr. Ekola stated that since that area was platted as Outlot A, there probably is not drainage facilities but that would >>.bc_ addressed in the platting process . Mr. Hutton stated that during the platting process they could. get drainage easements. Chrmn. Joos asked if there was further discussion. There was no response. Vote: Motion carried unanimously. Motion: Comm. 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'',,f,;.!....1. *if:: ..i,1 . • / I • I.e.?:;Jill./..::.••1` • -4" j 1 nc 1 lig )iii.:iTt 444 • . ti 'i„ . 1 _8 '.:.!..',. )..17, -A-- ..1 2 ,,..,410-4,,,14eavti,":".,-.- --,e'.:1----:- -?::::;. �/ 1' fir' �j� 1 �:LI. �� Is.:i,.L'r.:allJ.:i -i` i1C 1 / ti \� : 1 Z I 7. ..-•fd <c f, ,r 64 •`�IL�Y Y Ij'-/4�e I 1) 0 r--1 a. di 4- - .t• •-,..\{-1,--u..P 6. F-1.t +<�t�IL�4' Yom-± —� 1 • I I I I I ___-_• LA I Memo to: Dennis Kraft, City Administrator From: Mark McQuillan, Program Supervisor - Parks & Recreation Re: Frisbee Disc Golf Course - Lions Park Date: Sept. 16, 1993 Introduction The Shakopee Lions Club would like to install a 12 Hole Frisbee Disc Golf Course in Lions Park. This project is identified in the Parks 5 Year Capital Improvement Program as a 1995 park project. The Lions Club would like to do the project this year. Background For the past six months, a committee of Lions Club members have been investigating Frisbee Disc Golf Courses in the Twin Cities area. There are about eight such courses which all are located in public parks. After thoroughly researching these facilities, the committee is convinced that Lions Park would be an ideal location for Frisbee Disc Golf course and they would like to install it this year. The addition of a Frisbee Golf Course will not adversely impact the other facilities within the park. The Minnesota Disc Golf Course Association has agreed to assist the Lions Club volunteers in the design and construction of the Frisbee Disc Golf Course. The Lions Club is requesting that the City utilize the Park Reserve Fund to fund this project. They would also like City staff to dig the holes for the frisbee baskets. The estimated cost to complete the project is approximately $8000. Funding In 1988, the Lions Club contributed $5000 to the City to hold in a Trust Fund that later could be used for park improvements. In 1990, they contributed another $3000 and in 1992 , $3500 more for a total of $11, 500. The Shakopee Lions Club Board would like this project to be funded with monies already given to the City. The Park Reserve Fund has adequate funds to do this project. On August 23 , the Parks and Recreation Advisory Board recommended to the City Council to accept the donation of a Frisbee Disc Golf Course from the Shakopee Lions Club and to proceed with this project in 1993 . Funding this project now will not affect projects already approved for this year. Alternatives 1. Move to authorize the appropriate City officials to execute the necessary steps and documents to facilitate the installation of a Frisbee Disc Golf Course in Lions Park with funding to be allocated from the Park Reserve Fund. 2 . Move to do this project in 1994 . 3 . Move to do this project in 1995. 4 . Move to table this project for additional information. Park & Recreation Advisory Board Recommendation Alternative #1 Action Requested 1. Move to authorize the appropriate City officials to execute the necessary steps and documents to facilitate the installation of a Frisbee Disc Golf Course in Lions Park with funding to be allocated from the Park Reserve Fund. /VtJ - RESOLUTION NO. 3862 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN AND DEVELOPMENT AGREEMENT FOR THE STONEBROOKE PLANNED UNIT DEVELOPMENT. WHEREAS, the Planning Commission of the City of Shakopee did recommend approval of an Amendment to the Final Development Plan and conditions to be included in the Development Agreement for the Stonebrooke Planned Unit Development on September 9 , 1993 , to the City Council 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 an amendment to the Final Development Plan for the Stonebrooke Planned Unit Development is approved, subject to the following conditions: 1. The relocating of four twinhomes from Phase I to Abbey Point (Outlot A, Stonebrooke 2nd Addition) and one twin home from Phase I to Fairhaven Drive (Lot 3 , Block 1, Stonebrooke 2nd Addition) is approved. A variance from the minimum lot areas (2400 square feet) , lot width (40 feet) and no frontage to the public right-of-way for the twelve lots in Block 13 is approved. 2 . A variance from the Subdivision Regulations on the temporary over-length cul-de-sac street for Fairhaven Drive/Abbey Point is approved as shown on the revised phasing plan. 3 . The Grading Erosion Control Plan for Phase II must be approved by the City Engineer prior to preliminary plat approval by the City Council. 4 . The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 5 . Separate easements shall be provided for any off-site septic systems. 6 . Documentation verifying the maintenance of the common areas in Block 13 by the homeowners association must be submitted. 7 . All previous conditions from the original PUD approval and subsequent amendments shall remain in place. 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 CONSENT //0L MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Applications for Liquor Licenses - Rock Spring Restaurant Inc. DATE: September 16, 1993 INTRODUCTION: The City has received applications for on-sale, off-sale and Sunday intoxicating liquor licenses from Rock Spring Restaurant, Inc. BACKGROUND: Lucille Rein, President of Rock Spring Restaurant, Inc. has submitted applications for on-sale, off-sale, and Sunday intoxicating liquor licenses at 1561 East First Avenue. City Council has already approve licenses at this location for Camgil Corporation. Camgil has not been in operation since around the 1st of July and Lucy has subsequently purchased the property. When requesting the surrender of the current licenses, I was informed that they can not be located. Legal counsel for Camgil Corporation is being asked to provide a letter stating that the licenses have been lost and that Camgil Corporation is no longer interested in utilizing them. The applications are in order and the certificate of insurance evidencing liquor liability meets the requirements of the city code. The police department has conducted the customary background investigation and their report is attached. ALTERNATIVES: 1] Approve 2] Deny 3] Table RECOMMENDATION: Staff recommends alternative number 1, approve the applications. RECOMMENDED ACTION: Approve the applications and grant on-sale, off-sale, and Sunday intoxicating liquor licenses to Rock Spring Restaurant, Inc. , 1561 East First Avenue, upon receipt of communication from the current licensee that they no longer intend to utilize their liquor licenses. 9/16/93 SUBJECT: LIQUOR LICENSE APPLICATION ROCK SPRING RESTAURANT, INC. After reviewing the application and subsequent investigation into the liquor license application of Rock Spring Restaurant, Inc. , licensee, Lucille Rein, there is no information developed regarding this application to show that this liquor license should not be approved. Dep y Chie erry Poole Date nj1V6tft X03 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: 1981 Commercial Development Revenue Note and Loan Agreement - J & B Enterprises DATE: September 16, 1993 INTRODUCTION AND BACKGROUND: The City has received the attached letter requesting that the City sign an Amendment and Assumption Agreement relating to the 1981 commercial development revenue note and loan agreement for J & B Enterprises. The amendment and assumption agreement will allow for the reduction in the interest rate. Because the City is a party to the original loan documents, it is necessary for the City to sign the amendment. Ms. Marty, City Attorney, has reviewed the Amendment and Assumption Agreement and the original documents it references. ALTERNATIVES: 1. Approve execution 2 . Deny execution 3 . Table RECOMMENDATION: Staff recommends alternative number 1, approve of the execution of the appropriate documents. RECOMMENDED ACTION: Authorize the appropriate city officials to execute the Amendment and Assumption Agreement relating to the 1981 Commercial Development Revenue Note and Loan Agreement/J & B Enterprises. DORSEY & WHITNEY A PAXTWEREEIP INCLEDTNO PsOPEssloPa1 CpaPOLi]ONl 201 FIRST AVENUE,S.W.SUITS 340 350 P. E AVENUE 220 SOiTTH SIXTH STREET ROCHESTER,MIIP!E80t 55902 NEW NEW208ZTORE 10022 507288-3156 (212)415-9200 MINNEAPOLIS, MINNESOTd 35402-1498 ( (612)340-2600 1200 FIRST INTERSTATE CENTER 1330 CONNECTICUT AVENUE.N.W. BILLINGS,MONTANA 59103 WASHINGTON,5 D.C.20036 TELEX 29-0605 (406)232-3800 (202)Bs7-o7oo FAX(612)340-2668 507 DAVIDSON BUILDING 3 GRACECHU ECUV T ENG STREET OREAS PALLS,MONTANA 59401 LONDON OA , 4OLAND (406)727-3632 44-7111-929-3334 127 EAST FRONT STREET 36.9 AIS,TRANC RISBOULA.MONTANA 59802 76009 4P2-66-59-49 (406)721-6025 33-1-42-66'39-49 801 GRAND,SUITE 3900 35 SQUAREUS L MERITS BELGIUM DES MOINES,IOWA 50309 5-1040 ERB 4 (315)283-1000 32-2-5044-46-11 JEFFREY R.BENSON (612)340-2757 September 3, 1993 Ms.Judy Cox City Clerk City of Shakopee 129 1st Av. E. Shakopee, MN 55379 RE: First Bank National Association 1981 Commercial Development Revenue Note and Loan Agreement/J & B Enterprises Dear Ms. Cox: The City is a party to the Commercial Development Revenue Note and Loan Agreement described in the attached Amendment and Assumption Agreement. The borrower and First Bank desire to modify the Note to reduce the interest rate as provided in the attached Agreement. Because the City is a party to the original loan documents, the City will need to sign off on the amendment. I discussed this matter with Gregg Voxland, and he suggested I forward the draft Agreement to you. Please call me if you have any questions or comments regarding the • enclosed draft. When the parties have finalized the Agreement, we will forward execution copies to the City. Thank you for your consideration. Very truly ours, J ffrey . Benson Enclosure cc. Maureen F. Wollak Jack D. Van Remortel AMENDMENT AND ASSUMPTION AGREEMENT THIS AGREEMENT is made as of the/0 day of 5.2pt- , 1993 by and among L.P.V. ENTERPRISES, a Minnesota general partnership (the "Partnership"), FIRST BANK NATIONAL ASSOCIATION, a national banking association (the "Bank"), Jack D. Van Remortel and Donald E. Pfeiffer (collectively, the "Guarantors"), and the CITY OF SHAKOPEE, MINNESOTA, a municipal corporation and political subdivision of the State of Minnesota (the "City"). RECITALS: A. J & B Enterprises, a Minnesota partnership ("J & B"), and the City entered into a Loan Agreement dated as of January 9, 1981 (the "Loan Agreement") pursuant to which the City agreed on the terms and conditions set forth therein to lend to J & B the proceeds of that certain Commercial Development Revenue Note dated January 9, 1981 (the "Note") made by the City in favor of First National Bank of Hopkins, a national banking association in the original principal amount of S490,000 (the "Loan"). B. The obligations of J & B under the Loan Agreement and Note are secured by (1) a Mortgage and Security Agreement and Fixture Financing Statement dated January 9, 1981 (the "Mortgage") and recorded January 13, 1981 in the office of the County Recorder in and for Scott County, Minnesota as Document No. 179632, covering the following real property (the "Property") in Scott County, Minnesota: Lot Two (2), Block One (1), Patch 1st Addition together with certain other real and personal property as described in the Mortgage; and by (2) an Assignment of Leases dated January 9, 1981 (the "Assignment") and recorded January 13, 1981 in the office of the County Recorder in and for Scott County, Minnesota as Document No. 179635 (the Loan Agreement, Note, Mortgage, Assignment and any other documents evidencing or securing the Loan herein being termed the "Loan Documents"). C. Pursuant to that certain Guaranty dated January 9, 1981 (the "Guaranty"), Jack D. Van Remortel, Donald B. Pfeiffer and Clayton S. Larson have jointly and severally guaranteed to First National Bank of Hopkins the full payment and performance of the indebtedness evidenced by the Note and of the obligations of J & B under the Loan Documents. D. J & B conveyed the Mortgaged Property to the Partnership by deed dated , 19 and filed , 19 , as Document No. in the office of the County Recorder in and for Scott County, Minnesota. Guarantors are the sole general partners of the Partnership. E. As evidenced by a letter dated June 5, 1991 from the First National Bank of Hopkins to J & B, Clayton S. Larson has been released from his obligations under the Guaranty. F. Bank is the successor by merger to the interests of First National Bank of Hopkins. G. The Partnership, the Bank, the City and the Guarantors desire to enter into this Amendment and Assumption Agreement providing for certain modifications to the Note on the terms and conditions hereinafter set forth and for the assumption by the Partnership of the obligations of J & B under the Note, Loan Agreement and other Loan Documents. AGREEMENT: In consideration of the covenants herein contained and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The first sentence in the paragraph following paragraph (b) (iii) on page 2 of the Note which reads, "Notwithstanding anything to the contrary contained herein, the per annum interest rate in effect pursuant to the terms of Paragraph (b) of this Note shall never be less than ten and three-fourths percent (10 3/4%)", is hereby deleted, and the following sentence is hereby substituted in its place: "Notwithstanding anything to the contrary contained herein, the per annum interest rate in effect pursuant to the terms of Paragraph (b) of this Note shall never be less than eight and one-half percent (8 1 /2%)". 2. If the modifications to the Loan contained in this Agreement result in a Determination of Taxability, the Bank agrees that it will not in such event exercise the rights and remedies with respect thereto provided in the paragraph of the Note that begins at the bottom of page 2 and ends at the top of page 3. 3. Anything to the contrary in paragraph (b) (iii) of the Note notwithstanding, for the period commencing on the date of this Agreement and ending upon the expiration of the 15th Loan Year, the unpaid Principal Balance of the Note shall bear interest at the rate of eight and one-half percent (8 1 /2'1) per annum. Thereafter, the interest rate shall be adjusted as provided in said paragraph (b) (iii). All references to the Note in the Loan Agreement, Mortgage, Assignment and other Loan Documents shall mean the Note as amended by this Agreement. 4. The Partnership hereby assumes all obligations of J & B under the Loan Documents, as amended hereby. The Partnership hereby covenants, promises and agrees with the City and the Bank that: 2 (a) The Partnership will pay the Note strictly in accordance with its terms; (b) The Partnership will observe and perform each and every covenant, agreement and obligation of J & B contained in the Loan Documents at the time, in the manner and in all respects as provided therein; (c) The Partnership will be bound by each and all of the terms and provisions of the Loan Documents as though said Documents had originally been made, executed and delivered by the Partnership to the Bank; (d) From and after the effectiveness of this Agreement, all references in the Loan Documents to J & B shall be deemed to refer to the Partnership. The Partnership hereby affirms the Assignment and agrees and acknowledges that the Bank shall have all of the rights with respect thereto afforded under Minnesota Statutes § 559.17 as the same may be amended from time to time. 5. Guarantors hereby consent to this Agreement and agree that the Guaranty is and shall remain in full force and effect and shall extend to the Loan Documents as hereby amended. 6. Nothing herein shall be construed as a novation of the Note or of the other Loan Documents and it is intended that the Bank shall continue to be entitled to all the priorities existing under the Mortgage as of the date first executed and delivered. 7. The Bank does not intend by its execution and delivery of this Agreement to waive any defaults which may exist under the Loan Documents, and the rights of the Bank with regard to any such default, whether known or unknown, are hereby preserved in their entirety. 8. In consideration of this Agreement and upon the execution and delivery thereof, the Partnership shall pay to the Bank a fee equal to one percent (1%) of the outstanding Principal Balance of the Loan. In addition, the Partnership agrees to pay on demand all costs and expenses of the Bank in connection with the preparation, execution and delivery of this Agreement and the other documents to be delivered hereunder, including reasonable attorneys' fees (not to exceed $1,000) and expenses and title insurance premiums. The Partnership shall also pay any and all stamp, recording and other taxes or fees payable or determined to be payable in connection with the execution and delivery, filing or recording of this Agreement and any other instruments or documents to be delivered hereunder. 9. Except as expressly amended or modified by this Agreement, the Loan Documents are and shall remain in full force and effect according to their terms. All 3 capitalized terms not separately defined herein shall have the meanings assigned to them in the Note and other Loan Documents. 10. Each of the individuals executing this Agreement on behalf of a party hereto warrants that such individual has full power and authority to execute and deliver this Agreement on behalf of such party, thereby binding such party to the terms hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Bank: FIRST BANK NATIONAL ASSOCIATION `' 'OO By dileaal-0-61 , / OCXG & Its c�L.�'.el.- 'L /�i''Cs Partnership: L.P.V. ENTERPRISES By �.JL )4,,,,, ylk,D. Van Remortel, rifler itn Aid . I ! -�lt►. ..t D. a . E. Pfeiffer, Part- ' 1 Guarantors: +. Va . k 1 �. D. Van Remortel Donald E. Pfei ter City: CITY OF SHAKOPEE, MINNESOTA By Its 4 IAk1SENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Direct SUBJECT: Industrial Park Drainage Improvements DATE: September 14, 1993 INTRODUCTION: City Council direction is needed regarding the quotes received for the new storm sewer proposed in the Industrial Park on the Brambilla property. BACKGROUND: On August 17, 1993 the City Council discussed a drainage problem in the Industrial Park on the Brambilla property (Please refer to the attached August 10, 1993 staff memo for additional background information). Council directed staff to solicit quotes for the proposed storm sewer. The project was estimated to cost approximately $11,000.00 and will be funded by the Storm Drainage Utility Fund. Council authorized staff to expend up to $11,000.00 for this project and that if the quotes came in higher than that, it would need to be brought back to Council. Staff solicited quotes from four different contractors already working in Shakopee on other City, County, State or private projects. Only one quote was submitted by the September 10, 1993 due date, which was a quote from S.M. Hentges& Sons for a total cost of$14,970.00 for this project. ALTERNATIVES: 1. Accept the quote from S.M. Hentges & Sons, Inc. for $14,970.00. 2. Solicit additional quotes. 3. Reject the quote. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to accept the quote from S.M. Hentges & Sons, Inc. and authorize the installation of storm sewer improvements at the Brambilla property located in the Industrial Park for a maximum cost of $14,970.00, to be funded from the Storm Drainage Utility Fund. ATTACHMENT NO . 1 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Industrial Park Drainage Improvements DATE: August 10, 1993 INTRODUCTION: • Staff has been advised of a drainage problem in the Industrial Park requiring storm sewer improvements. BACKGROUND: As part of the development of the site in the Industrial Park owned by Brambilla's the Engineering Department required that an extensive stormwater management plan be prepared to address the increased runoff created by the construction e f the building and parkingrlots. The s after owner of the property was required to m pre-development development to minimize the effects on downstream parcels and storm conveyance systems. As a result of this requirement, the owner was required to construct a detention pond on-site at a considerable expense. Based on the large amounts of rain received this year, staff can attest that the detention pond is working properly, as designed. The owner has advised the City of a drainage problem associated with upstream parcels and the amount of runoff coming into the Brambilla site. Basically, the ditch along Brambilla's west property line which conveys the incoming runoff from the Industrial Park to the detention pond cannot handle the volume of water going through it. Attempts to establish vegetation or utilize rip rap in this ditch have failed. Thereeis a continuing erosion problem obl m that wwashes sediments into this pond and prevents turf from being establishedthe ch All of the runoff in this ditch comes from properties outside of the Brambilla property. In short,the detention pond is designed to adequately handle the volume of water for the drainage basin, but the conveyance channel cannot. When the upstream parcels were developed (i.e. Shakopee Valley Printing), the City did not require any extensive stormwater management plan. These parcels were developed with City of Shakopee approved grading plans. Due to the current concern and trends regarding stormwater runoff statewide, cities have had to address this issue for new developments such Mr. Brambilla has contacted staff regarding the problem and the fact that he does not feel it is his responsibility to repair this ditch as the problem is associated with upstream parcels. The S upstream parcels do not feel any responsibility because their properties were developed under City approval. Therefore, Mr. Brambilla is requesting that the City address this problem. Staff has investigated the amount of runoff entering this ditch and due to the lack of any upstream ponding,there is a tremendous volume of water coming into this channel. The velocity of the water is too great for a grass lined channel and rip rap has also proven to be in-effective. The only method to eliminate the erosion problem is to install either a concrete lined channel or install a storm sewer pipe. This pipe would need to go from the outlet of the culvert under the railroad spur to the detention pond in Brambilla's site or a distance of approximately 228 feet. Staff has developed a cost estimate completing this work and it is estimated to cost around $11,000.00. Staff is seeking authorization to proceed with this project and receive direction on the funding mechanism for it. ALTERNATIVES: 1. Fund this project utilizing the Storm Drainage Utility Fund. 2. Assess this project back to all parcels in the affected drainage area. (Would require a public hearing). 3. Require the project be constructed at Brambilla's expense. (i.e. Do nothing option). 4. Any combination of the above. RECOMMENDATION: Staff recommends Alternative No. 1 because the problem is not related to Mr. Brambilla's runoff, but rather upstream parcels which were developed with City of Shakopee approval. Staff feels that this is an excellent use of the Storm Drainage Fund and is an example of a project that should be corrected utilizing this fund. The City has utilized this fund to correct other drainage problems not associated with the directly affected parcels, most notably reconstructing a ditch at Valley Fair in 1991 due to the construction of the Northstar Auto Auction and the recent decision involving the Foothill Trail ditch. ACTION REQUESTED: • Move to authorize staff to solicit quotes for purposes of correcting the problem in the drainage channel at Brambilla's site utilizing the Storm Sewer Utility Fund and to construct the improvements for a maximum cost of$11,000.00. (If the quotes are higher than that, this item will be brought back to Council). . ATTACHMENT NO . 2 PROPOSAL FORM BID DATE: PROJECT: SHAKOPEE\BRAMBILLA STORMSEWER CITY OF SHAKOPEE PROJECT NO: BRAMBILLA STORMSEWER Total Item No Spec No Description Quantity Units Unit Price Item Total 1 2501.511 24" RC PIPE CULVERT 228 L.F. X43.0 d S C\��'L�^.,� 2 2501.515 24" RC PIPE APRON 2 EACH 550,0 4 S \ ,700.00 3 2105.501 COMMON EXCAVATION 240 C.Y. � S 4 2575.555 4" TOPSOIL SEED, MULCH, AND DISC. ANCHOR 1 ACRE \ o .0�1 S 1 71 50.00 5 2511.501 RANDOM RIP•RAP CLASS III 12 C.Y. j d.O� s CC 00.EXI TOTAL BRAMBILLA STORMSEWER s ` �` O'C5� GRAND TOTAL s\.4t'��.o� Agp I I k I: p, G._ tcPyP.G eh_-, lq-2, TO: Dennis R. Kraft, City Administrator FROM: Vernice Takumi, Accountant SUBJECT: Surplus Property DATE: September 15, 1993 Introduction Council action is required to declare property surplus in order to dispose of property that is no longer needed for a municipal purpose and should be sold. Background Due to the move to the new City Hall in February of this year there were many items abandoned in the old City Hall, and other miscellaneous items from the Public Works Department, and various found/abandoned/confiscated property from the Police Department, which should be declared surplus property (see Attachment 1) . Therefore it is requested that Council declare the property listed on Attachment 1 as surplus property and authorize staff to make arrangements for the sale, or disposal of such property, and all other miscellaneous items with a value of less than $30, which are to numerous to list. Several dealers in used office furniture have been contacted in an effort to obtain bids on the property located at the old City Hall. It is felt that this would be the most efficient way to dispose of the old office furniture since it would be quite costly to have all of these items moved to another location for an auction. We plan to sell the items to the highest bidder at least 10 days after publishing notice of the sale in the official newspaper, as required by City Code. Upon Council approval of the disposal of these items, a description of the unclaimed property listed by the Police Department will be published as public notice in an effort to return property to the legal owner prior to the sale. These items may be transported to the local auction house for sale there. Action Requested 1. Move to declare all items on Attachment 1 as surplus property and authorize the City Administrator to sell or dispose of all items. ATTACHMENT 1 AUCTION ITEMS AT OLD CITY HALL AND PARK & REC. TAPE RECORDERS SHELVES/DESK DESK AUDIO SYSTEM 11 ORANGE SWIVEL CHAIRS MAILBOXES 5 YELLOW COUNCIL CHAIRS DUAL CHAIRS OFF YELLOW DESK CHAIR WALL PARTITIONS SINK PHONES DESK/CHAIR WOODEN CHAIRS BLACK SWIVEL CHAIR PHONE COUNCIL CHAIR YELLOW CHAIR SWIVEL CHAIR BOOKSHELF DUAL CHAIR PHONE LOCK-UP CABINET DESK SHELVES 3 CHAIRS FILE CABINET PHONE FILE CABINET MARK-N-WIPE TABLE TOP DESK ROLLING TRAY PHONE MAROON SHELVES WALL PARTITION LOCK-UP CABINET PHONE LOCK-UP CABINET PHONE BOX OF LIGHT FIXTURES DESK DOORS DESK BLACKBOARD PHONE WICKET THINGS SWIVEL CHAIR DESK SWIVEL CHAIRS SCHOOL DESK PHONE SILVER/GREY SHELVES COMPUTER/DISC UNIT PHONE DESK DESK/TRAY SWIVEL CHAIR SWIVEL CHAIRS FILE CABINET DESK FILE CABINET DESK BROWN FILE CABINET DESK SHELVES PHONE CARD FILE DRAWERS SILVER/GREY SHELVES BOTTOM HALF OF DOOR OLD 10 KEY CALCULATOR LONG BOOK SHELF TABLE WOODEN DESK SILVER/GRAY SHELVES SWIVEL CHAIR SWIVEL CHAIRS PHONE BLACK SHELF TABLE DOOR PHONE LADDER DESK SILVER/GREY SHELVES SWIVEL CHAIR DUAL SILVER/GREY SHELVES 2 WALL PARTITIONS WOODEN CHAIR PHONE 4 RAINBOW VACCUUMS WOODEN SWIVEL CHAIR WOODEN SWIVEL CHAIR GREEN TALL CHAIR BOX OF PHONES BOX OF PHONES WALL PARTITIONS TYPEWRITER ATTACHMENT 1 AUCTION ITEMS AT OLD CITY HALL AND PARK & REC. DOORS 2 WALL PARTITIONS FILE CABINETS DISC DRIVES/SCREENS CARD CATALOGS PRINTERS DOOR GREY DESK/TRAY PHONE COMPUTERS SCREENS/KEYBOARDS PHONE WOODEN BAT RACK + MANY MISC. ITEMS AUCTION ITEMS AT PUBLIC WORKS DEPARTMENT: ALL LIGHTS FROM CITY HALL- APPROX. 100 POST HOLE DIGGER DESK 2 PAINT SPRAYERS CHAIRS AUCTION ITEMS AT POLICE DEPARTMENT: 46 BICYCLES CONSENT ''� TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1993 Auditor Authorization DATE: September 14, 1993 Introduction Council authorization to execute a contract for 1993 audit services is requested. Background Council solicited proposals for audit services for the audit of 1992 financial records. The RFP sent out stated that the intent was hire an audit firm for a minimum three year period. This will be the second year for the firm of Deloitte and Touche and they are proposing the fee for 1993 that was shown in the proposal last year of $15,320. Alternatives 1. Accept the proposal of Deloitte & Touche. 2. Negotiate a new amount and or services with Deloitte. 3. Solicit new proposals. Recommendation Alternative number 1. Staff was very satisfied with the performance of Deloitte and Touche and believes that Council was also. Action Requested Move to accept the proposal of Deloitte and Touche for the provision of audit services for the 1993 fiscal year in the amount of $15,320 and authorize the appropriate city official to execute a contract for the 1993 audit services. /jj: Attached is a print out showing the division budget status as of 09/16/93 for 1993 based on data entered as of that date. There appears to be a few divisions running close to their budget. Not included in the attached bill list but included in the total amount of bills shown on the agenda are the below listed subsistence reimbursements for employees. The employee(s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt and therefore needs to be paid through payroll as taxable income. Vernice Takumi $9 .73 Included in the bill list is a bill for GAB for $5, 000 which is the deductible on the insurance policy related to the NBZ case. The bill is coded against contingency and the status of the contingency is shown on the attached sheet. Included in the bill list is a check for the annual pension payment and fire state aid remittance to the Shakopee Fire Relief Association. The budgeted amount for the city contribution for 1993 is $25, 200. The city has paid $6,245 as a correction for 1992 . The corrected certification amount for the city contribution submitted by the Association for 1993 is $42,045. Included in the bill list is a check for Waldor pump in the amount of $1, 175 for repairs at Murphy's Landing. The check is coded against contingency because we can not charge bills directly against fund balance. Council may want to amend the budget to appropriate more money into the contingency account and therefore reduce fund balance. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 -13 0 11 MAYOR & COUNCIL 69,140 2,962 38,909 56 12 CITY ADMINISTRATOR 192,820 5,195 128,337 67 13 CITY CLERK 113,100 5,669 77,197 68 15 FINANCE 269,480 8,117 179,865 67 16 LEGAL COUNSEL 155,820 6,413 101,048 65 17 PLANNING 354,460 7,344 197,305 56 18 GENERAL GOVERNMENT BUILDINGS 115,450 6,404 81,179 70 31 POLICE 1,394,710 40,929 961,673 69 32 FIRE 805,820 51,275 176,328 22 33 INSPECTION-BLDG-PLMBG-HTG 163,964 5,669 100,952 62 41 ENGINEERING 337,960 10,520 187,390 55 42 STREET MAINTENANCE 684,450 12,640 415,722 61 44 SHOP 148,120 4,452 69,968 47 46 PARK MAINTENANCE 315,940 7,093 213,801 68 48 REFUSE COLLECTION 513,550 41,060 335,804 65 61 POOL 150,300 10,368 130,389 87 64 RECREATION 211,691 5,927 134,290 63 91 UNALLOCATED 51,380 9,482 33,374 65 TOTAL GENERAL FUND 6,048,155 241,519 3,563,518 59 17 PLANNING 360,860 13,430 217,860 60 TOTAL TRANSIT 360,860 13,430 217,860 60 12 CITY ADMINISTRATOR 64,870 719 37,032 57 TOTAL HRA 64,870 719 37,032 57 00 N/A 889,400 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 889,400 0 0 0 SCHEDULE OF UNALLOCATED CONTINGENCY 17-Sep-93 ALLOTMENT: 150,000 BUDGETED FOR 1993 LEGAL DEPARTMENT (18,240) CLERICAL WORKERS CONTRACT INCREASE (15,390) NON UNION PAY INCREASES (32,520) TOTAL AMENDED BAL. REMAINING (66,150) 83,850 PROPOSED AMENDMENTS: POLICE OFFICERS/SERGEANTS FOR 1993 (25,170) YOUTH BUILDING (2,650) POLICE OFFICERS/SERGEANTS FOR 1992 PAI (31,650) MURPHY'S LANDING TOTAL ADJ/PROPOSED BAL. REMAINING (59,470) 24,380 ACTUAL EXPENSES: OSM & ASSOC - ICE ARENA (3,603.77) OSM & ASSOC - ICE ARENA (10,515.37) OSM & ASSOC - ICE ARENA (295.25) PROPOSED NEW BAL. LESS ACTUAL EXPENSES(14,414.39) 9,965.61 BILL LIST: GAB - NBZ SUIT 5,000 WALDORPUMP - MURPHY'S 1,175 PROPOSED NEW BAL. LESS BILL LIST 6,175 3,790.61 I-1 oG P, a O. P. P.+ A. C4 cx, 0.4 X X X _ H F H H H H H H H 1-4 4-4 O O O O 0 0 0 0 0 0 Z C10.10 C0 Pr E Z 0 a W cl cn U co. O. H N CO O. O. 0 0 0 0 O% O` O. O. O. O. O CO .D O O to to to trl 7 7 7 7 7 7 0 Cl CO oo \o .D .D .D CD .D .D .D .D .D Z 0 VD CO CO Co N N. 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H H a a PtH0Ha '>4 i EZXX AA d E1 H) QddH HH X zg C00 co T Oo a% 14 Qc 0% 0% Z 0 >+ 0.i H U 0. 0% te6CON E 0 • .-1 .-1 .-1 C.) . r-1 4 .a / N Pr L. '.E7 W x C.) r-1 .7 01 N rl .-1 .-f co N 0 0 0 0 0 0 W 0 .-1 0 .-1 .-i N M el M .-1 M .-1 N C7 .* U0 r-4 Cr) cn C7 .7 .7 - .7 N 1's CO CO CO CO a H * * * * * * 4k * 1k * k * 9k 41 ik C.) Z A A A A A A A A A A A A A A A O Z Z Z Z Z Z Z Z z Z Z Z Z Z Z 0 O O A O O O O O O O O O O O O 0 L=+ k. W Le. Li. Le. Lei re. Le. Le. L=. Le. Le. L=. Ls. CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Probation Termination DATE: September 16, 1993 Introduction Vernice Takumi, Accountant/Research Analyst has successfully completed the required six month probationary period for new employees. Background Vernice Takumi was hired on 3/8/93 subject to a six month probationary period. A performance evaluation has been completed and it is recommended that the probationary status be terminated. Alternatives 1. Terminate probation. 2 . Continue probation. 3 . Terminate employment. Recommendation Alternative number 1. Action Requested Move to terminate the probationary status of Vernice Takumi, and appoint her to the full time permanent position of Accountant/Research Analyst effective 9/8/93 . CONSENT MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne //��l DATE: September 17, 1993 RE: Conveyance of Property to Independent School District No. 720 BACKGROUND: The City acquired land south of the High School sufficient for City needs and also for School District needs . The intention always has been to convey part of this land to the School District . We recently received a survey splitting the land into the sections needed by the School District, and the portion to be retained by the City. The School District will be acquiring 33 acres; and the City retaining 30 acres (see attached diagram) . The School District has agreed to pay to the City the same cost per acre that we paid, plus their proportionate share of the special assessment, and incidental costs . Their cost for the land is $438, 000, plus $7, 500 in assessments, plus incidentals . ACTION REQUESTED: Move to authorize the appropriate City officials to execute a deed conveying land to Independent School District No. 720 for approximately $438, 000, plus assessments, plus incidentals . [17CCL] Attachment ( , ,i 7 � 1 A , /5 P�/v c.e (R CONSENT 8 ; MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attornee v � DATE: September 16, 1993 RE: Met Council / MWCC Sewer Agreement BACKGROUND: At the last City Council meeting staff presented much of the background information relative to the proposed Chaska Interceptor Sewer running along the southern by-pass. The final step in the negotiations is to approve an agreement . Staff has worked with Met Council and MWCC staff to work up an agreement we can all recommend, but the agreement was not complete as of the last meeting. The agreement still is not done . It was sent to the MWCC attorney for review prior to the last council meeting, and although we have received some comments, the entire agreement has not been reviewed. Therefore, we are recommending that this matter be tabled again until the next council meeting. ACTION REQUESTED: Move to take the Chaska Interceptor Agreement off the table, and table it again until the October 5th Council meeting. [16MEMO2] L 1 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: September 15, 1993 RE: Cooperative Power, Appeal Resolution No. CC-664 BACKGROUND: At the last City Council meeting the City Council approved the Conditional Use Permit for Cooperative Power to install over- height structures . Council directed staff to revise the Resolution to add a condition to protect the trees as much as possible. Language to that effect has been prepared. I did run this language by the attorney for Cooperative Power. He had no problem with it as read over the phone, but wanted to speak with his client . If he has objections, he will notify staff prior to the Council meeting. I am concerned that the direction to staff may have been too broad to hold up legally if we were challenged. This delegation of powers is troubling. Therefore I am bringing back this resolution for ratification at this meeting. This gives the City Council a chance to review and formally adopt the language. ACTION REQUESTED: Move to ratify the adoption of Appeal Resolution No. CC-664 , and move its adoption. [16MEMO] APPEAL RESOLUTION NO. CC-664 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT FOR STRUCTURES IN EXCESS OF 35 FEET IN HEIGHT WITHIN THE RURAL RESIDENTIAL (R-1 ZONING DISTRICT, FOR THE PROPOSED 115 THOUSAND VOLT (kV) OVERHEAD ELECTRICAL TRANSMISSION LINE. WHEREAS, Cooperative Power Association and Minnesota Valley Electrical Cooperative, applicants have filed an application dated June 10, 1993 , for a Conditional Use Permit under the provisions of Chapter 11, Land Use Regulation (Zoning) , of the Shakopee City Code, Section 11.04, Subd. 6, to construct a 115 Thousand Volt (kV) Overhead Electrical Transmission Line Using Structures in Excess of 35 feet in height within the Rural Residential (R-1) Zoning District; and WHEREAS, this parcel is presently zoned R-1, Rural Residential, and SD, Shoreline District; and WHEREAS, the property upon which the request is being made is legally described as: Thirty-five (35) feet on the west side of the following described centerline: The point of beginning being the Northeast corner of the Southeast Quarter of Section 20, Township 115N, Range 22W, thence south along the east line of said Section 20 and continuing south along the east line of Section 29 to the southeast corner of said Section 29, Township 115N, Range 22W, and there terminating; and WHEREAS, notice was provided and on July 8, 1993 , and on August 5, 1993 , the Planning Commission conducted a public hearing regarding this application, at which it heard from the City Planner and invited members of the public to comment; and WHEREAS, at the conclusion of the public hearing the Planning Commission voted to deny the application; and WHEREAS, a written appeal was filed with the City Administrator within seven days of the Planning Commission action; and WHEREAS, the City Council has reviewed the application, the record before the Planning Commission, and the Planning Commission's action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Conditional Use Permit Appeal Resolution No. CC-664 is hereby APPROVED subject to the following condition: 1. The minimum number of trees shall be removed. To the extend possible, consistent with safety of the transmission line and the desires of the property owner, trees shall be trimmed. Additional tree plantings shall be provided by the applicant in areas where substantial amount of tree cutting occurs. 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 /a a, EXPLANATION TO ORDINANCE ORIGINATING DEPARTMENT: Law Department PURPOSE: To allow the City to require construction workers to clean up mud and debris in City streets . REMARKS : We receive complaints from time to time regarding mud and rocks left in City streets by construction workers . Although we generally have good compliance, Dave Hutton has requested that an ordinance be adopted to allow us to enforce our requests to clean up the streets . This ordinance specifies that foreign matter, including mud, dirt, sticky substances, and litter, must be cleaned up immediately after being deposited in public places including streets and alleys . A construction job with a grading permit, building permit, street cut permit, or utility permit is required to clean up on a daily basis . ACTION REQUESTED: Offer Ordinance No. ,3(oa' , an ordinance amending Chapter 4 , Construction Licensing, Permits and Regulations of the City Code, by adopting one new section relating to foreign matter in public places, and move its adoption. Submitted by: _ I 440 44t4fdal6A City Attorne, [14MEMO] ORDINANCE NO. 362 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 4 , CONSTRUCTION TSECTION DEALINGNWITHERMITS OREIGNND MATTERLATIONS,INIPUBLICYPLACCESING ONE NEW THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That Chapter 4, Construction Licensing, Permits and Regulations of the City Code, is hereby amended by adopting one new section which shall read as follows : "SEC. 4 .04 . FOREIGN MATTER IN STREETS. Subd. 1. General Prohibition. No person shall drive or move a vehicle which carries into or deposits in any public street, alley, or other public place, foreign matter of any kind, including but not limited to mud, dirt, sticky substances, or litter. A person who violates this provision shall immediately remove the foreign matter, and upon failure to do so may be prosecuted. Subd. 2 . Construction Sites. Any person, firm, or corporation to whom a grading permit, building permit, street cut permit, or utility permit has been issued shall remove at least once each working day any foreign matter carried into or deposited in any public place by any vehicle entering or leaving the construction site. " Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 4 . 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 Cle k Approved as to form: "Zg--< ' Arr; City Attorney Published in the Shakopee Valley N=wson the day of , 1993 . [14 MEMO COSET 1zb MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public works Director SUBJECT: Apgar Street, Project No, 1992-6 DATE: September 16, 1993 INTRODUCTION: Staff is requesting that the City Council set a date for the public hearing to consider the special assessments for the Apgar Street Project. BACKGROUND: The Apgar Street Project is essentially completed and all project costs have been identified. This project consists of the following street segments: • Reconstructing Apgar Street between 1st Avenue and 6th Avenue. • Paving the gravel street portions and reconstructing the paved street portions on 2nd Avenue between Atwood Street and Pierce Street. • Paving Pierce Street between 2nd Avenue and 3rd Avenue. The final project costs are$407,373.19,which consists of construction costs totalling$340,913.59 and actual engineering/administrative costs of$66,459,60 or 19% of the construction costs. The original Engineer's estimate for this project was $420,340.00. The gravel street segments that were upgraded as part of this project will be assessed 100% and the paved street segments that were reconstructed will be assessed 25%, in accordance with the City of Shakopee Special Assessment Policy. In addition, any street oversizing costs (over 36 feet wide) will not be assessed. The total amount proposed to be assessed on this project is $77,835.75. Prior to levying any assessments on this project a public hearing must be held. Special assessments must be certified to Scott County by November 30, 1993 in order to include them in the 1994 property taxes. Attached is Resolution No. 3866, which declares the costs to be assessed and sets the date for the public hearing for October 19, 1993. ALTERNATIVES: 1. Adopt Resolution No. 3866. 2. Revise Resolution No. 3866, to set a different date for the public hearing. 3. Deny Resolution No. 3866. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3866, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Atwood Street to Pierce Street; and Pierce Street, 2nd Avenue to 3rd Avenue, Project No. 1992-6 and move it adoption. DEIH/pmp MEM3866 RESOLUTION NO. 3866 A Resolution Declaring The Cost Too enAssessed And Ordering The Preparation Of Proposed Assments For Apgar Street, 6th Avenue To 1st Avenue; 2nd Avenue, Atwood Street To Pierce Street; And Pierce Street, 2nd Avenue To 3rd Avenue Project No. 1992-6 WHEREAS, a contract has been let for the improvement of: Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Atwood Street to Pierce Street; and Pierce Street, 2nd Avenue to 3rd Avenue and the contract price for such improvements is$340,913.59,the construction contingency amounts to $ -0- and the expenses incurred or to be incurred in the making of such improvements amounts to $66,459.60 ,so that the total cost of the improvements will be $407,373.19. Of this cost the City of Shakopee will pay $259,018.93 as its share of the cost and the Shakopee Public Utilities Commission will pay $55,344.79 as its share of the cost. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $93,009.47. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculatethe proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected,without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 19th day of October, 1993, in the Council Chambers of City Hall at 7:30 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney coNsENT MEMO TO: Dennis Kraft, City Administrator (ok FROM: Dave Hutton, Public Works Director SUBJECT: VIP Trunk Sewer/Rahr Forcemain DATE: September 16, 1993 INTRODUCTION: Attached is Resolution No. 3864 which accepts the bids and awards the contract for the VIP Trunk Sewer and Rahr Forcemain Project. BACKGROUND: On August 3, 1993 the City Council authorized the advertisement for bids for the VIP Trunk Sewer and Rahr Forcemain Projects. On September 14, 1993 bids were received nd publicly opened attached resolution. or The thisproject. bid twas submitted bids were received and are summarizedin the by S.M. Hentges & Sons of Shakopee, MN for a total bid of$441,308.00. The Engineer's estimate was approximately $500,000.00. The Engineering Department has reviewed all bids for completeness and also the qualifications of the low bidder, S.M. Hentges, and have determined that they are able to perform the work as designed by the plans and specifications. The completion date for this project is November 15, 1993 but this date assumed that the Upper Valley Drainageway was rough graded by October 1, 1993 since the VIP Sewer is located within the drainageway easement. The Upper Valley Project is starting later than anticipated. The contractor is starting work September 20, 1993 so it is quite apparent that the drainageway will not be graded by October 1, 1993. Due to that delay, the City may need to extend the completion date on the sewer project. Because this project is basically all located in easements and in fields, rather than in streets, this construction could actually continue though the winter months if needed. The Rahr forcemain portion of the project goes across the State Department of Corrections and Sweeney school properties. Both entities are willing to grant the City easements for this sewer and both will be connecting up to this sewer with the new building expansions. These easements are in the process of getting executed. Attached is Resolution No. 3864, which awards the bids on this project. Staff is also requesting a contingency amount equal to 10% of the bid for use by the City Engineer to cover any minor change orders or final quantity adjustments that may occur. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3864 awarding the contract to S.M. Hentges & Sons, Inc. 2. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Offer Resolution No. 3864, A Resolution Accepting Bids on the VIP Interceptor Extension from County Road 79 to the West Corporate Limits, Project No, 1992-9 and the Rahr Malting Forcemain and Gravity Sewer from 3rd Avenue and Webster Street to County Road 15 and the VIP Interceptor Sewer, Project No. 1993-1 and move its adoption. 2. Approve of a contingency in the amount of 10% for use by the City Engineer in authorizing change orders or quantity adjustments on this project. DEH/pmp MEM3 864 RESOLUTION NO. 3864 A Resolution Accepting Bids On The VIP Interceptor Extension From County Road 79 To The West Corporate Limits, Project No. 1992-9 And The Rahr Malting Forcemain And Gravity Sewer From 3rd Avenue And Webster Street To County Road 15 And The VIP Interceptor Sewer, Project No. 1993-1 WHEREAS,pursuant to an advertisement for bids for the VIP Interceptor Extension and the Rahr Forcemain, Project No.'s 1992-9 and 1993-1, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: S.M. Hentges & Sons $441,308.00 Brown & Cris $447,303.00 Ryan Contracting $447,570.00 Richard Knutson $458,989.14 Progressive Contractors $493,343.50 Northdale Construction $492,323.00 Barbarossa & Sons $495,585.00 Arcon Construction $499,150.05 Kenko Contractors $499,476.73 AND WHEREAS, it appears that S.M. Hentges & Sons, Inc., P.O. Box 212, Shakopee, MN 55379 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 S.M. Hentges & Sons, Inc., in the name of the City of Shakopee for the improvement of the VIP Sewer and the Rahr Forcemain by sanitary sewer 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 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 1® I LN b TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1993 Budget Amendment Resolution No. 3861 DATE: September 14 , 1993 Introduction Due to the accumulation of one extra day each year in a biweekly payroll year, we now have an additional weeks pay that amounts to a significant liability at year end and therefore should be recorded. An amendment for the 1993 budget is warranted to provide for the liability. The dollars are actually paid to employees in 1994 . Background Attached is a resolution that amends the 1993 budget to provide appropriations for accumulated wages payable at uear end 1993 . The resolution only increases appropriations without increasing revenues resulting in a smaller budget surplus. Alternatives 1. Approve resolution as presented. 2 . Amend resolution and approve. 3 . Do not approve resolution. Action 1. Offer Resolution No. 3861 A Resolution amending Resolution No. 3720 Adopting the 1993 Budget and move its adoption. RESOLUTION 3861 A RESOLUTION AMENDING RESOLUTION 3720 ADOPTING THE 1993 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are increased as follows: Fund Division Account Amount General Administration Personal Services 2,290. General City Clerk Personal Services 1,410. General Finance Personal Services 3,140. General Legal Counsel Personal Services 2,300. General Planning Personal Services 3,480. General Gov't Bldgs. Personal Services 500. General Police Personal Services 18,920. General Inspection Personal Services 1,840. General Engineering Personal Services 4,760. General Streets Personal Services 4,260. General Shop Personal Services 1,300. General Park Maint. Personal Services 2,830. General Recreation Personal Services 2,320. 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 Adjustment for 1 week extra in the year: 4.48% 7.65% Object Object Object 4101 4121 4122 total total for 0121 2,040 90 160 2,290 total for 0131 1,250 60 100 1,410 total for 0151 2,800 130 210 3,140 total for 0161 2,060 90 150 2,300 total for 0171 3,100 140 240 3,480 total for 0181 450 20 30 500 total for 0311 16,780 1,980 160 18,920 total for 0331 1,640 70 130 1,840 total for 0411 4,210 190 360 4,760 total for 0421 3,770 180 310 4,260 total for 0441 1,150 50 100 1,300 total for 0461 2,500 120 210 2,830 total for 0641 2,070 90 160 2,320 49,349 PONS NT0 0 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Christmas Light Donation - Resolution No. 3863 DATE: September 14 , 1993 INTRODUCTION: A budget amendment would be in order to account for the contribution from the Downtown Business Association for Christmas lights on City Hall and the subsequent purchase. BACKGROUND: On September 7, 1993 the Shakopee City Council accepted a $500 . 00 contribution from the Downtown Business Association for Christmas lights on City Hall . In order to facilitate the acquisition of the Christmas lights, it would be appropriate to amend the 1993 Budget accordingly. Attached is Resolution No. 3863 amending the 1993 Budget . ALTERNATIVES: 1 . Offer Resolution No. 3863 a Resolution amending Resolution No. 3720 adopting the 1993 Budget and move its adoption. 2 . Do not offer Resolution No. 3863 amending the 1993 Budget . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Offer Resolution No. 3863 a Resolution amending Resolution No. 3720 adopting the 1993 Budget and move its adoption. RESOLUTION NO. 3663 A RESOLUTION AMENDING RESOLUTION No. 3720 ADOPTING THE 1993 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Fund Division Account Amount General Revenues Contribution $ 500 General Gov. Bldgs Supplies $ 500 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 #13a MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Upper Valley Drainage Project City Property Adjacent to County Road 77 DATE: September 10, 1993 INTRODUCTION: Ryan Contracting, the contractor for the above referenced project, has proposed using excess material from that project to fill low areas of City owned property adjacent to the Upper Valley Drainage ditch. BACKGROUND: The recently acquired City property (former moratorium area)has low areas to the east of County Road 77 and north of the Upper Valley Drainage Ditch. At no additional compensation, the contractor would strip topsoil, fill and compact and respread topsoil as directed by the City Engineer. Seeding would be paid for to establish vegetation on this site. ACTION REQUESTED: City Council authorization to allow placement of fill material on the recently acquired City property east of County Road 77 and north of the Upper Valley Drainage Project. RR/pmp FILL MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorneel DATE: September 21, 1993 RE: Reassessment of Second Avenue Property BACKGROUND: During the past few months we have seen various Second Avenue special assessment appeals completed. On some parcels, the City Council has authorized settlement for a lesser amount than the original assessment; for others we have completed trial and the court has ordered a lower assessment . (And in some cases, the court has sustained the assessment in full . ) When the City Council agrees to a lower assessment, or a court orders one, a "reassessment" is required. Under Minn. Stat . Sec . 429 . 071, Subd. 2, the reassessment must follow the notice and hearing procedures utilized in the original assessment . For this reason, I had planned to wait until all the trials are completed before bringing this to the Council . Some of the trials are set for December. Various property owners have asked us to act sooner. They are concerned that their taxes are due within the next month or two, and they want the tax statement to correctly reflect the amount due . Therefore, they desire to have the reassessment completed as soon as possible. I prepared a Waiver for each property owner, and will be providing them to the Council for action when I receive them. The first one (s) is/are attached to this resolution. ACTION REQUESTED: Offer Resolution No. 380 , a Resolution reassessing certain property, and move its adoption. [21SASRES] Attachment RESOLUTION NO. 38'6) 9 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REASSESSING CERTAIN PROPERTY. WHEREAS, on November 17, 1992, the City Council adopted Resolution No. 3703 , levying special assessments against properties benefitted by the construction and improvement of Second Avenue between Sommerville and Naumkeag, and various cross streets, in a project known as Project No. 1991-3 ; and WHEREAS, certain property owners appealed their assessments as excessive; and WHEREAS, some of the assessments have been determined to be excessive, and others have been set aside by a court of competent jurisdiction; and WHEREAS, under Minn. Stat . Sec . 429 . 071, Subd. 2, reassessment requires notice and a public hearing as provided for the original assessment; and WHEREAS, the property owners identified on Exhibit A have waived the reassessment hearing and appeal, and have requested the City Council to reassess their property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the parcel (s) of property identified in the Waiver (s) of Reassessment Hearing and Appeal attached hereto and incorporated herein as Exhibit A is/are hereby reassessed at the amount underlined in said Waiver. That all other parts of Resolution No. 3703 shall continue in effect . 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: •5. ` Ate. City Attorney [21 SASRES] WAIVER OF REASSESSMENT HEARING AND APPEAL I am Darlene J. Davies and Stanley W. Davies, and I own property identified as Parcel No. 27-004099-0 . This property was the subject of improvements and special assessments under Minn. Stat . Chapter 429 . I appealed my assessments . This assessment was either determined to be excessive or was set aside by a court of competent jurisdiction, and a new assessment ordered not to exceed $5830 . 00 . I am requesting the City Council to find that the assessment in excess of $5830 . 00 is excessive . I waive notice and hearing as provided for the original assessment as follows : I specifically waive the right to a public hearing prior to levying of the reassessment on my property. T further voluntarily waive all rights to appeal this reassessment under Minn. Stat . Sec . 429 . 071, Subd. 2 . I understand that by signing below I waive the right to appeal and later challenge the amount of the special assessment . Dated this CJ day of ,�.,E� , 199 3 . it-- j (1I1 State of Minnesota ) ss . County of SCO-{f On thisc JI day of &., , 199.3 , before me personally appeared Dctrleri 3 D •cies c -AC-6,nle W •Da�t'e . , who, being duly sworn, did say that this instrument ent was executed as his, her, or their free act and deed.. NOTAR PUBLIC BETTY A. HVIDSTEN [16 MEMO] tc.711:,.; NOTARY PUBIIC—MINNESOi SCOTTCOUNTYMY commission expires 3-17-97