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01/18/1994
TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 18, 1994 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 of December 8th, and 21st (2 sets) , 1993 8] Communications: 9] 7:30 P.M. Public Hearings: a] Proposed Vacation of Alley North of Lots 3, 4, and 5, Block 30, Original Shakopee Plat (North of Pablos Restaurant) Res. No. 3941 b] Proposed Vacation of Pierce Street from 3rd to 4th, Res. No. 3938 c] Proposed Improvements to Pierce Street from 3rd to 4th, Res. No. 3939 10] Boards and Commissions: Planning Commission: a] Registered Land Survey for Don McKush for property located east of CR-17 and west of CR-83 - Res. 3940 b] Preliminary and final Planned Unit Development for Eagle Creek Bluff Addition, located east of CR-18 and south of Boiling Springs Lane - Res. No. 3943 TENTATIVE AGENDA January 18 , 1994 Page -2- 11] Reports from Staff: a] Chaska Interceptor Agreement *b] Lease Agreement With Cub Scouts *c] Consenting to MWCC Easement *d] Accident Policy - Insurance *e] Approve Bills in the Amount of $3, 666, 566. 15 ($2, 405, 597. 50 is debt service payments) f] Appointments to Boards and Commissions - Res. 3942 *g] Fuel Storage Tanks at Public Works h] Pay Plan for Officers and Non-Union Employees, Res. 3933 *i] Murphy's Landing Lease j ] Zoning Ordinance 12] Resolutions and Ordinances: *a] Res. No. 3937 - Approving Premises Permit for Knights of Columbus #1685 *b] Res. No. 3944 - Reassessing Certain Property for 1991-3, 2nd Avenue Project 13] Other Business: a] Jackson Town Board Meeting January 26, 1994 at 7: 00 P.M. 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: January 14 , 1994 1. Attached are the minutes of the December 6, 1993 meeting of the Shakopee Public Utilities Commission. 2 . Attached is the December Building Activity Report. 3 . Attached is a memorandum from the Assistant City Administrator regarding the DNR Trail through Murphy's Landing. 4 . Attached is a copy of a letter from the Gambling Manager of the Optimist Club of Burnsville to the owner of Canterbury Inn. Mr. Carothers is expressing his opposition to the termination of their lease at Canterbury Inn, and clarifies the chain of events leading up to that termination. He feels that the lease has no termination provisions and offers a settlement to terminate it. The City Council did adopt a resolution on December 7 , 1993 approving a premises permit for the Prior Lake Lions Club. The resolution is required by the Gambling Control Board. There was a condition in the resolution of approval as follow, " . . .conditioned upon the surrender or termination of the existing Premises Permit to the Optimist Club of Burnsville. " The Gambling Control Board will be the entity delivering a license to the Prior Lake Lions Club. They will have to deal with the lease dispute. 5. Attached is the Police Newsletter for Council review. 6 . Attached is a memorandum from the Public Works Director regarding Marschall Road speed study. 7 . Please insert the attached revised Page 10 into your copy of the Assessment Policy and remove the old Page 10. 8 . Attached is a memorandum from the City Planner regarding MUSA Land Supply Information. 9 . Attached are the January 6, 1994 minutes of the Planning Commission and Board of Adjustment and Appeals meetings. ing the of 10. Attached O a memo from the City Clrk Dowd Lake Chain Association liability insurances the Save for the aerators. 11. Attached are the Revenue and Expenditure Reports as of Dec. 31, 1993 . MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on December 6 , 1993 at 4: 30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier and Cook. Also Manager Van Hout , Liaison Sweeney, City Attorney Karen Marty, Joe Adams and Secretary Menden. Motion by Kirchmeier, seconded by Cook to approve the minutes of the November 1 , 1993 regular meeting as kept . Motion carried. The Shakopee Public Utilities employee representatives were present to present their 1994 wage and benefit requests . BILLS READ: City of Shakopee 20 ,032 . 00 City of Shakopee 20 ,032 . 00 ARA/Cory Refreshment 104 . 00 Alden Pool and Municipal Supply 604 . 14 American Water Works Assoc . 73 . 00 Auto Central Supply 53 . 63 T.W. Beck and Associates 1 , 256 . 79 Berens Market 950 . 59 Border States Industries , Inc . 18,751 . 79 Burmeister Electric Company 483 . 42 City of Shakopee 829 . 72 Clay's Printing Service 532 . 28 Communications Auditors 35 . 00 Cooperative Power 39 ,828 . 36 Copy Duplicating Products , Inc . 400 . 00 Display Sales 277 . 81 DCA, Inc . 150 . 00 Glenwood Inglewood 25 . 66 Gopher State One-Call , Inc . 820 . 14 Graybar Electric Co. , Inc . . 2 , 963 . 25 Hance Cable Testing and Locating 515. 40 Hennens ICO 55 . 34 Hotsy Equipment Co . 314 . 72 Institute of Electrical Engineers 68 . 00 Jerry' s Lawn Service 902 . 06 Karian Line Co . 1 ,271 . 60 Ken ' s Fresh Meat 50 . 00 Killmer Electric Co. , Inc . 2 ,700 . 00 Leef Bros . , Inc . 25 . 76 Link Building Supply 47 . 92 Locator and Monitor Sales 228 . 05 Logical Development Corporation 184 . 75 Ray LeMieux 94 . 92 McGrann Shea Franzen Carnival Straughn and Lamb Chartered 18, 500 . 00 Metro Lawn Sprinklers 432 . 94 Minnesota Safety Council , Inc. 95 . 00 Minnesota Valley Testing Laboratories, Inc . 70 . 00 Moody' s Investors Service 5 ,800 . 00 Motor Parts Service Co . , Inc . 11 . 91 Northern States Power Co. 411 , 607 . 49 Northern States Power Co . 664 . 64 Northern States Power Co . 689 . 50 Ottertail Power Co . 170 . 40 Petersen-Wisdorf , Inc . 1 ,030 . 92 Pitney Bowes, Inc . 238 . 03 RESCO 264 . 24 Reach Equipment 353 . 58 Reynolds Welding Supply Co. 4 . 62 Schoell and Madson , Inc . 337 . 55 Scott County Sheriff Communications 663 . 30 Shakopee Postmaster 5,000 . 00 Shakopee Public Utilities Commission 46 . 03 Shakopee Tire and Auto Service Center 353 . 16 Shakopee True Value 162 . 35 Al Smith Excavating 1 ,045 . 00 Spoolmaster Products 316 . 29 Starks Cleaning Services, Inc. 72 . 42 Dean Struck 143 . 08 Southwest Suburban Publishing 716 . 24 Total Tool 170 . 12 U. S . Post Office 75 . 00 U. S . West Communications 361 . 28 Lou Van Hout 40 . 77 Utility Equipment Leasing Corp. 1 , 698 . 67 Waste Management - Savage 44 . 71 WaterPro 6 ,029 . 01 Westinghouse Electric Supply Co. 1 ,323 . 80 Wild Iris 43 . 28 Yarusso' s hardware Co . 37 . 77 Champion , Inc . 16 . 77 T & R Service 34 . 00 C.H. _Carpenter Lumber 27 . 60 Motion by Cook , seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. Commissioner O'Toole arrived and took his seat . Commissioner Cook passed the gavel back to President O'Toole . Commissioner Kirchmeier advised the other Commissioners of a letter from Judy Cox informing him that he is no longer eligible to be appointed Utility Commissioner when his term is up in May. Liaison Sweeney gave the liaison report . He presented the Commission with Resolution #3891 A Resolution Acknowledging the Positive Relationship Established Between the Shakopee Public Utility Commission and the City of Shakopee . Motion by Cook, seconded by Kirchmeier to convene to executive session for the purpose of discussing a land purchase by the City of Shakopee . Motion carried . Motion by Kirchmeier, seconded by Cook to adjourn from executive session . Motion carried. No decisions were made in executive sesssion . Mr . Dale Dahlke was present to get a clarification on a refund for oversizinig costs for his development of Parkview 1st Addition . An update on the land acquisition for the new substation was given . Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities staff ask the City Planner to request an Environmental Assessment Worksheet on the project at our cost . Motion carried . by `l J J by Kirchmeier JU_t Motion Cook , �a� luau _ tto adoptthe Bl.1UCl. for the fiscal year 1994 as put together by the Utilities Manager . Motion carried . Manager van Hout informed the Commission that the organization formed to oppose rate increases from Northern States Power called the River Electric Association now has an intent to dissolve . The purpose River Electric Association existed is no longer applicable . Joe Adams gave a status report on the newsletter we are beginning to formulate to inform SPUC customers of various projects , environmental issues , etc . A report on recent outages and dips in electric service was given to the Commission . Schoell and Madson was approved to do the Engineering for the watermain crossing on the Co . Rd . 18 Bridge . There will be two crossings . One under the Co . Rd . 18 bridge project and the Railroad and one under the Hwy 101 bypass project . A feasability study is being done on St . Francis Hospital project by Schoell and Madson . It Will be incorporated into the City' s feasability study. A memo from Manager Van Hout regarding watermain ownerhship at Rahr Malting and other related issues was acknowledged . There were no new plats for November , 1993 There were two fire calls for a total of 30 minutes . Gene Pass has recently retired from the Fire Department . There were no lost time accidents for November, 1993 . The next regular meeting will be held on January 3 , 1994 in the Utilities meeting room . There will be a special meeting on January 10th , 1994 for the purpose of wage discussion . Motion by Cook , seconded by Kirchiimeier that the meeting be adjourned . Motion carried . • 1 r Barbara Menden ,'Commission Secretary CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - DECEMBER 1993 December 1993 December 1992 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 9 145 12, 658,580 5 128 10, 287,992 Single Family-Septic 2 29 4, 009,506 1 3 2 23 13 3 3, 333377 ,49, 493 Multiple Dwellings - 15 2,541, 818 , - 0 (# Units) (YTD Units) (-) (40) (-)_ (28) 74 318, 208 Dwelling Additions 3 81 545, 690 Other 2 22 236,911 1 16 122, 550 New Comm. Bldgs 4 8,978, 395 - 6 1, 899, 000 Comm. Bldg. Addns. - 5 6,759,750 1 4 440, 072 2 6, 364,940 1 4, 500, 000 New Industrial-Sewered - Ind. Sewered Addns. - - - - - 2 17,549, 300 - 1 1,472 , 000 New Industrial-Septic 5, 000 - - - Ind. Septic Addns. 1 1 41 549,078 1 40 341,028 Accessory/Garages 112 , 020 8 Signs & Fences 5 90 154,384 3 68 1 ,00 Fireplaces/Wood Stoves 5 14 22,909 1 14 1, 653,760 Grading/Foundation 2 13 463,960 1 - 1 -Moving1 - 31 47, 213 Razing 2 12 110,913 Remodeling (Res. ) 4 41 260,347 1 34 131,333 Remodeling (Comm/Ind. ) 1 57 3,478, 183 2 39 3, 112,849 TOTAL 36 575 64, 689,664 17 472 29, 328,483 No. YTD. No. " YTD. Electrical 23 584 45 491Plumbing & Heating 36 712 58 602 Total dwelling units in City after completion of all construction permitted to date 5,006 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN DECEMBER, 1993 10329 Heat-N-Glo 1304 Pondview Court Fireplace 1,444 10330 Lew Crowley 725 Atwood Street Fireplace 1,000 10331 SAI Construction 230 So. Lewis Reroof 22,000 10332 Midway Sign Co. 109 Filmore Street Sign 300 10333 Deutsch Construction 1240 Pioneer Lane House 133,674 L 2 B 1, Prairie Estates 3rd 10334 Joe Honermann 637 Jackson Street Fireplace 800 10335 Jeff Flood 735 East 1st Avenue Sign 350 10336 James Fox 1204 Tumbleweed Circle Deck 1,176 10337 Richard Sames 1069 So. VanBuren Porch 13,000 10338 Bill Cooper 1357 Blue Heron Trail Grading 100 10339 King Homes 1284 Swift Circle House 111,752 L 5 B 2, Parkview 1st 10340 Novak Fleck 763 Lupine Court House 86,994 L 1 B 2, Meadows 8th 10341 Valleyfair One Valleyfair Drive Foundations 10,000 10342 Heat-N-Glo 1298 Sage Lane Fireplace 1,686 10343 Wen En Xian 237 East 1st Avenue Sign 200 10344 Mahowald Builders 134 So. Main Demo 1,000 10345 Robin Fish 1288 Limestone Drive Remodel 15,128 10346 Kevin Olson 1976 C. R. 18 Demo 1,600 10347 Golden Home Bldrs. 2288 Promise Avenue House 200,000 L 2 B 2, Dominion Hills 10348 Detail Home Bldrs. 2145 Granite Drive House 96,500 L 6 B 3, Heritage Place 3rd 10349 Wally Perry 415 Fact 1st Avenue Sign 4,000 10350 Allan Hastings 1295 Miller SLLeet Remodel 9,507 10351 Novak Fleck 1346 Primrose Lane House 71,519 L 23 B 3, Meadows 8th 10352 Novak Fleck 1424 Primrose Lane House 84,271 L 16 B 3, Meadows 8th 10353 Griggs Contracting 1001 Adams Street Tank 15,000 10354 New Century Const• 1357 Primrose Lane Remodel 6,064 10355 Keyland Homes 1428 Prairie Lane House 98,059 L 1 B 1, Prairie Estates 1st 10356 Howe Company 7632 Highway 101 Addition 5,000 10357 Patio Enclosures 622 East 7th Avenue Porch 10,951 10358 McDonald Construction 2318 Pike Lake Road House 150,642 L 23 T 115 R 22 10359 Heat-n-Glo 1199 Jefferson Street Fireplace 1,529 10360 David Huss 930 Dakota Street Fence 200 10361 David Huss 930 Dakota Street Greenhouse 500 10362 Novak Fleck 1434 Primrose Lane House 87,968 L 15 B 3, Meadows 8th 10363 Novak Fleck 1397 Thistle Lane House 84,351 L 13 B 3, Meadows 8th 10364 Daniel Siedow 1322 Thistle Lane Remodel 12,448 Total: $1,340,713 3 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: DNR Trail\Murphy' s Landing - Non-Agenda Informational DATE: January 3 , 1994 On December 29, 1993, I met with several officials from the Department of Natural Resources (DNR) regarding the extension of the Minnesota River Valley Trail System through Murphy' s Landing. DNR officials requested the meeting to inform City staff and Council of the current project status. For approximately 3 years, the DNR has been attempting to negotiate a route for the Minnesota River Valley Trail through Murphy' s Landing with the Murphy' s Landing Board. The DNR has incurred significant cost in evaluating several trail route options . The last trail route option considered was to construct the trail along the berm on the South side of the site . Upon completion of the archeological analysis, it was determined that this trail alignment would not be feasible due to the discovery of numerous Indian burial mounds . The archeological analysis also revealed Indian burial mounds on all the previously considered trail route options. Given this finding, the only remaining cost effective trail route option is to construct the trail adjacent to the road that presently runs down the center of the Murphy' s Landing site . In order to facilitate completion of the project, it will be necessary for the DNR to obtain a permanent easement for the trail alignment . This will ultimately require City Council approval . City staff has always directed DNR officials to attempt to work with the Murphy' s Landing Board to mutually come up with a trail alignment that was satisfactory to both parties . I suggested to the DNR officials that they draft a memorandum of understanding between the Murphy' s Landing Board and the DNR prior to requesting a permanent easement for the trail alignment from City Council . It is my understanding that the DNR is willing to provide a number of enhancements to the trail alignment through Murphy' s Landing that will hopefully satisfy many of the concerns expressed by the Murphy' s Landing Board. Some of the enhancements being considered include the following: 1 . Fencing in various areas . 2 . Modern restroom facility - cleaning and maintenance to be provided by Murphy' s Landing. 3 . Provision of 10 parking stalls on East end of the site . 4 . Gravel\Limestone trail surface . 5 . Interpretive elements along the trail route . DNR officials are optimistic that a memorandum of understanding between the Murphy' s Landing Board and the DNR can be completed within the next three months . City Council would then be requested to consider a permanent easement for the trail alignment . If the permanent easement can be acquired by early summer, the DNR expects to complete the trail system from Memorial Park to the Bloomington Ferry Bridge in 1995 . 44--) OPTIMIST CLUB OF BURNSVILLE 12725 DUPONT AVENUE SOUTH BURNSVILLE,MINNESOTA 55337 (612)894-6230 FAX 894-9364 December 27, 1993 MN Hotel Corp. 1624 South I #309 Tacoma, Washington 98405 Dear Sir: This is in regards to the notice of termination for the charitable gambling operation in Players Bar & Grille at Canterbury Inn in Shakopee Minnesota dated DEO The datecember 3, S93 on thetI received letter was December mbem b 1, ra Carey on December 7, 1993 because it was sent to 0 1993 but the postmark date on the envelope was December 3, 1993. h was tended. We Several points need to be clarified. She mentions that close by unless otn break ortpunched out for a expect the pull tab operator to remain behind the counter meal break. I realize there have been times our booth has not opened at the time stated on the posted hours. Our operator has chosen not to punch in if there are less than 7 people in the bar besides employees. The operator always stayed in the bar,without consuming alcohol, and waited until more patrons were in the bar. We find it difficult to take this complaint seriously when there are less than 7 people in the bar. When we close the booth early it is because there are less than 7 patrons in the bar and we have not done any business for an hour. The specific incident she mentions on November 27, 1993 also needs to be expanded upon.At 10:00 P.M., our operator spoke to your on site manager,Jade, and let him know we would be closing the booth because of how slow it was. Jade did not object to our closing the booth early. After the operator closed the booth, a friend came in and asked the operator if he would take the time to have a beer and play a game of pool.The operator agreed and they each had a beer and played pool. When the request was made by one person to buy pull—tabs, our operator informed the bar tender that he could not open the booth because state law prohibits the operator from selling pull tabs after consuming alcohol. Our operator left the site before 11:00 P.M. Since my meeting with Debra in November, if our operator was going to close the booth early, he has always discussed the matter with the on site manager.Actually,we have never closed the booth early without notifying at least one of your employees. Another matter that seems to have created a problem was our entry and exit thru the kitchen. We entered and exited thru the kitchen at the instruction of the manager present. I personally have been told to enter and exit thru the kitchen area. We have ee ns.ot used e haveny of your abided by all theies lawsthout asking required for permission from one of your managers or employ charitable gambling and also we have done what has been n fact our opuested ef us by your rator has assisted you and employees as long as it did not conflict with our rules. Pe employees several times at their request. Page 1 of 3 Before the lease was signed, Debra and Dale explained to us that there was a standing room only rush every night in Players and many people were in and out all the time because the Mystic Lake training facility was located on the upper floor of the motel. We never did see the rush they claimed would be in every night at 10:00 P.M. We also realized later that Mystic Lake was no longer using the facility as before and that very few Mystic Lake people came in at all. The last few times I have spoken to Debra, she has indicated she was doing everything she could to have Mystic Lake people stop coming to the bar. The first six weeks we were open f rom 11:00 A.M. to to Monday thru Saturdayy 6:00 P.M.0 A.M. to ay thru Saturday plus a couple of Sundays. We then cut back 1:00 A.M. We then cut back to Thursday thru Saturday 7:00 P.M. to 11:00 P.M. Several weeks ago we cut back to Friday and Saturday. We have now cut back to Friday and Saturday 7:00 P.M. to 10:00 P.M. The reason for the last change in posted hours is that we can close the booth at 10:00 P.M. if there is no business or stay open later if necessary. We attempt to be there when the traffic justifies it. I believe we have been more than fair in our dealings with Debra. We have requested that several deals be placed behind the bar and allow the bar tenders to sell pull tabs when the booth is not open. The only condition I requested is that Canterbury Inn be responsible for cash shortages. We made this request for responsibility because we do not have any authority over your employees. Debra refused to allow this. According to Debra, she could not trust the employees. I offered to have a trial period at my own risk and Debra also refused that. The benefit of this type of operation is it builds a customer base with a minimum investment. We provide the deals to be sold, the jars they are sold from, cash drawers and a $300.00 cash bank to work with. The maximum amount of cash in a drawer at any one time is around $800.00 including the cash bank. We also requested that we be allowed to operate in Winners on high traffic nights or to place deals behind the bar for the bar tenders to sell. Debra also refused to allow this. Again,we only ask that Canterbury Inn be responsible for cash shortages. In the last paragraph, Debra refers to terminating the lease "effective December 31, 1993, unless sooner as described in the lease agreement." In my review of the lease agreement, I see no provision for cancellation under any circumstances. I have enclosed a copy of the lease. I don't believe your managers were honest with us before the lease was signed and still are not telling us everything. I dropped in to Canterbury on December 3rd or 4th and spoke to Debra. At that time she informed me she had sent the letter. She also stated she had begun g o p the week before.Your bar tenders told our operator at the beginning of November that the Priake Lions were looking at coming in to sell pull tabs in Players.This is definitely more than a week before I talked to Debra on December 3rd or 4th. Dale contacted them and requested that they come in and replace us to sell pull tabs.According to the Lions Club, they have already applied for a permit to operate in Players.Either I am missing something or Debra is not telling the Lions Club everything they should know. According to Debra,we will not see much traffic in the bar until July and that traffic will stop around the first of September. I cannot imagine the Lions Club would want a license under those circumstances. I would guess she is telling a different story to each of us. Considering the treatment we have received from your managers, I think it would be a good idea if you give the Optimist Club of Burnsville a donation of$6,000,we will move out and call it even. We have invested over $6000.00 in labor and equipment at your site and we would like to recover our investment. We are truly a non—profit organization and donate as much as possible back to the community. We do not own any capital assets and none of the funds benefit any member of our club Page 2of3 except thru community improvements. The loss of these funds directly affects our ability to contribute to the community and your managers are responsible for this loss. I have enclosed copies of the reports we must file with the state of Minnesota each month for each site. Line 12 is our gross profit for the month and line 35 is our expense for the month. Other expenses not reflected in these reports are, the purchase of a booth,jars to sell deals from, cash drawers, supplies and a counting scale ($1056.00). Direct labor charges are shown in the report. I have also enclosed a copy of where our funds have gone over the past several years. Only half the amount on line 12 can be spent for expenses and the other half must be donated back to the community per state law. As you can see, we have lost a considerable amount of money since opening October 1, 1993. Up to this point, the month of December is worse than the previous 2 months. A possible alternative solution would be to lower the lease amount to $200 per month and then place 2 jars in Winners and 2 jars in Players. These jars would be operated by the bar tenders and we would not have a booth open. If and when the business improved, we could renegotiate the lease amount. In my opinion, it is unfortunate that your managers have a stream of thousands of vehicles going past Canterbury Inn every day on the way to and from Mystic Lake Casino and cannot find a way to attract a certain percentage of them. These people all have money in their pockets and are looking for a place to spend it. You have a gold mine available to you if you market what you have to offer. Put some signs outside that can be read from the highway. Most of the signs you have can only be read after you enter the parking lot. Offer something they cannot get at Mystic Lake. Do something to attract people from the businesses in the immediate area. Rather than turn the Mystic Lake employees away, hire more people to keep them in line and then advertise directly to them by placing flyers in with their pay checks.There are approximately 4,000 employees at Mystic Lake and it is open 24 hours a day. Because of the nature of the pull—tab business, we do not normally attract new customers to your site, but once they arrive, we can keep them coming back and have them stay longer. I will bring this matter up before the board of directors and we will review the situation. Our board normally meets the third or fourth Monday of the month.We do not have a board meeting in December. I will not be making the lease payment until we determine what action is appropriate. Sincerely, Vernon N. Carothers Gambling Manager Enclosure: Copy of lease Copy of state licenses. Copy of termination letter Copy of G-1 Schedule A for 10-93, 11-93 Previous donations cc: D bra.Carey, General Mana er Canterbury Inn, 1244 Canterbury Road, Shakopee, MN 55379 City of Shakopee, City Clerk's office Page 3 of 3 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Marschall Road Speed Study DATE: January 10, 1994 NON-AGENDA INFORMATIONAL ITEM FOR COUNCIL: The City Council requested a speed zone study on Marschall Road. Staff submitted that request to the Scott County Highway Engineer. The speed zone study has been completed and attached is a memo regarding the results of that study. Basically, the recommended speeds do not change near the Junior High, which was the concern of the Police Chief and City Council. Therefore, both the Police Chief and I do not feel either option presented is acceptable and will be notifying Scott County in that regard. If the City Council desires additional action, staff should be so directed. DEH/pmp STUDY MEMO TO: Tom Steininger, Police Chief FROM: Dave Hutton, Public Works Director DATE: December 27, 1993 The Scott County Highway Engineer has contacted me regarding our request for a speed zone study on Marschall Road. Nin/DOT has completed the preliminary analysis and has indicated there are two options, as listed below. Please keep in mind that a speed zone study is based on traffic speeds and in some cases, the speed limits can actually increase as a result of the study. Option 1 From T.H. 101 to 4th Avenue 30 m.p.h. From 4th Avenue to just south of Junior High 40 m.p.h. From south of Junior High to new Bypass 50 m.p.h. Option 2 From T.H. 101 to C.R. 16 35 m.p.h. From C.R. 16 to south of Junior High 40 m.p.h. From south of Junior High to new Bypass 50 m.p.h. As you can see, both options result in the same speed limits south of C.R. 16 and past the Junior High. Since that area appears to be the area of concern, I guess it doesn't seem to matter which option is selected. Please give me your thoughts on this and if you wish to discuss, please contact me. I believe the proposed speed limits south of the Junior High will be reduced from 55 m.p.h. to 50 m.p.h., but it does not appear there will be any speed limit changes past the Junior High. cc: Dennis Kraft Dave: I believe the recommendation approved by the City Council contains the maximum speed limits which are consistent with vehicular and pedestrian traffic safety issues in the area under consideration, especially near the Junior High School. I do not feel either of the options listed above adequately address these issues. TO: Dave Hutton, City Engineer FROM: Tom Steininger, Chief of Police SUBJECT: Unsafe Traffic Condition DATE: 10-19-93 • INTRODUCTION: The speed limit in front of the Junior High School allows traffic to move at a speed that unreasonably endangers children attempting to cross Marschall Road in front of the Junior School. BACKGROUND: Recently, Dr Vicki Petzko, the Principal of Shakopee Junior High School wrote the City Administrator a letter advising him of her observations regarding an unsafe traffic/pedestrian situation in the area of the school. The problem is caused by vehicles being operated at speeds which make it unreasonably difficult for children to cross Marschall Road near the school. A copy of her letter is attached to this memo for your information. Approximately a• year ago, at my request, the City Council directed staff to take the appropriate steps to lower the speed limit on Marschall Road between East Fourth Avenue and Vierling Drive to 30 miles per hour. A copy of this memo is also attached. You subsequently advised me that because Marschall Road is a County State Aid Highway, you had contacted the County Engineer who declined to take action to cause the speed limit to be reduced as requested but addressed the problem by installing a four-way semaphore at the corner of Marschall Road and East Tenth Avenue. As you can see by Dr. Petzko's letter, in some instances, the semaphore does not appear to have improved the situation in terms of pedestrian safety. ACTION REQUESTED: Will you please revisit this issue with the County Engineer and renew our request that action be taken to reduce the speed limit on Marschall Road to 30 MPH between East Fourth Avenue and Vierling Drive and to 45 MPH from Vierling Drive to an unspecified location south of the bypass. Thank you for your anticipated cooperation in this matter. cc: City Administrator Dr. Petzko TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Marschall Road Speed Zone DATE: 11 18 92 INTRODUCTION: The purpose of this memo is to seek concept approval to reduce the speed limit on Marschall Road between 4th Avenue and Vierling Drive to 30 MPH and from Vierling Drive to an unspecified point south of the Highway 101 Bypass to 45 MPH. BACKGROUND: Currently the speed limits on Marschall Road are 30 MPH from 1st Avenue to 4th Avenue, 40 MPH from 4th Avenue to a point about 180 feet south of Prairie Lane and 55 MPH from that point south. The Public Works and Police Departments have both received complaints from citizens regarding the safety hazard this condition presents. The number of new homes which have been constructed in the area, extending Vierling Drive west from Marschall Road thereby making it a cross street with a 30 MPH speed limit, the high level of pedestrian and school bus traffic to and from Sojourners and the Junior High School and restricted vision from the driveway to the businesses at 1257 Marschall Road all combine to create a condition which will not tolerate high speed traffic without an excessively high number of serious accidents. There have been 21 accidents on this stretch of roadway since January 1, 1991. In 1991 there were 7 property damage accidents and 2 personal injury accidents. In 1992, there have been 8 property damage and 4 personal injury accidents. These numbers are too high. For example, in 1991, there were 12 property damage accidents at 1st Avenue and Holmes Street and in 1992 , there have been 13 property damage and 2 personal injury accidents at 1st and Holmes. The accidents which have occurred on Marschall Road also tend to be more serious than accidents which occur elsewhere in the more densely populated part of the city. To address this condition, the speed limit on Marschall Road between 4th Avenue and Vierling Drive should be reduced to 30 MPH and a 45 MPH speed limit should be established from Vierling Drive to a point sufficiently south for a safe deceleration from 55 MPH to 45 MPH to take place before encountering the Highway 101 Bypass. To establish these speed limits, the County Engineer must contact the Commissioner of Transportation and request that a study be done to verify the need for the proposed change in speed limits. ALTERNATIVES: 1. Establish a 30 Mph speed limit on Marschall Road from 4th Avenue to Vierling Drive. 2. Establish a 45 MPH speed limit on Marschall Road from Vierling Drive to a point south of the Highway 101 Bypass which will be determined by the Commissioner of Transportation. 3. Establish a speed limit on Marschall Road other than those discussed herein. 4. Do not change the speed limit on Marschall Road. RECOMMENDATION: Alternatives # 1 and # 2. ACTION REQUESTED: Authorize the appropriate city official(s) to contact the County Engineer and request that he initiate the process necessary to establish a 30 MPH speed zone on Marschall Road from 4th Avenue to Vierling drive and a 45 MPH speed limit from Vierling Drive to a point south of the Highway 101 bypass. Shakopee Junior High School Shakopee Public Schools Shakopee School Board `� ` Janet L.Wendt,Chair t-- - 1137 Marschall Road Bob Techam,Vice Chair ' .tit�' "- ` Shakopee, MN 55379 Ron Larson,Clerk Jessica Geis,Treasurer T&" (612)445-4884 :.,,, Kathy Busch,Director Tom Ebner.Director < ' Steve Schneider,Director Principal: Vicki N. Petzko,Ph.D. Superintendent Robert J.Ostlund Dennis Craft City Administrator City of Shakopee 129 S. Holmes Shakopee, MN 55379 October 12, 1993 Dear Dennis, I am writing this letter on behalf of the student at Shakopee Junior High, and solicit your support in a matter concerning their safety. Within the past few weeks I have received several calls from parents and other concerned citizens about the safety of students crossing Marschall Road, specifically with reference to the end of the school day. I am fully aware that some of the problem rests in the students. There have been incidents of students "playing chicken" with cars, or thoughtlessly stepping in front of traffic. In response, we have added some adult supervision at that intersection, have asked teachers to discuss traffic safety with students, have made announcements regarding our expectations, and have made it clear that we will discipline students who are purposefully dangerous while leaving school. My observations, however, lead me to believe that the pedestrian crosswalk signs at 11th and Marschall Road are not adequate safety assurances, for the following reasons: • The speed limit on Marschall Road is 40 NTH. If a car has a greeen light at 10th and ' Marschall, it is very difficult for the vehicle to decelerate for a crossing pedestrian. • There is an apparent lack of knowledge as to what a "pedestrian crosswalk" sign means. Most vehicles do not decelerate when a student is in the crosswalk. • There is no "school zone" speed limit sign. thus, drivers are not reducing their speed . • For many students. the most direct route to :heir homes is via 11th Avenue. therefore. they do not walk to cross at the light at 10th Ave. • The amount of traffic on Marschall Road is Increasing, including a large number of semi- trailer trucks. I fear that one of our students may be hurt unless other measures are taken. Last year I requested that a 4-way stop sign be posted at that intersection. At that time, the decision was to paint the crosswalk and install pedestrian crossing signs. Although those have helped, they appear to be insufficient to protect our youth. Several options could be considered. 1. I have investigated the use of an adult crossing monitor, however, this would be cost prohibitive. Students arrive at school any time between 7 and 9 AM, and leave between 2:45 and 5PM. This would require a half-time employee if all students were to cross with adult supervision. 2. District#720 could review its transportation/bussing policies to see if students should be transported by bus who would otherwise have to cross Marschall Road. This would require school board action and would result in an increase in the transportation levy. 3. It might be possible to post "school crossing" (15 MPH when children are present) signs. I do not know how their level of effectiveness,nor if that may be done on a county highway. 4. The city/county could install a stop sign at 11th Ave. While it would appear that any of the above proposals could reduce the risk to our students, it is only a stop sign that can be erected soon. It would also assure us that traffic will stop at that intersection, so that our students can cross safely. I strongly urge you to take whatever measures would be needed to initiate this action. Please note that I have copied this letter to Tom Steineger, with the hope that he can be of assistance. If you would like more information, or need me to present this information in another forum, I would be happy to do so. Feel free to call if you would like to discuss this matter further. Thank you for considering this request. I look forward to your response. Sincerely ,7 ,4ZC)I Vicki N. Petzko, Ph.D. Principal, Shakopee Junior High cc: Tom Steineger, Chief of Police, Shakopee Public Safety MEMO TO: City Council Members Department Heads FROM: Dave Hutton, Public Works Director DATE: January 6, 1994 On December 21, 1993, City Council revised Section VIII, Subparagraph B.1D on Page 10 of the Special Assessment Policy by Resolution Policy and remove the old Page s10.ed Page 10 in your copy of the City of Shakopee Assessment depth of 150 feet only. (Note : A standard City lot in the Original Plat of Shakopee is 60' x 150' with an area of 9, 000 square feet . ) C. Corner Lot Adjustment Corner lots will only be assessed at a rate of 50% of the unit rate for the short side of the lot in question for each street improved. If both streets are improved simultaneously, 100% of the short side footage will be used. D. Zonal Assessment When the street along the long side of a corner lot is improved, the cost shall be assessed equally to all lots within 1/2 block in each direction of the street improved. For this section, a block shall be defined as the distance between adjacent, parallel paved or gravel streets . In the case where there is only one parallel street adjacent to the street being improved, the zonal assessment area shall be equal distance from the improved street . This method may be selected rather than the corner lot adjustment . 2 . "Area" Method of Assessment When it has been determined to assess by the "area" method the area shall be defined as the number of square feet or acres within the boundaries of the appropriate property lines of the areas benefitting from the project . The assessment rate (i .e . cost per square foot) shall be calculated by dividing the total assessable cost by the total assessable area. On large lots, the City Engineer may determine that only a portion of the lot receives the benefit and may select a lot depth for the calculations equal to the benefit received. For the purposes of defining assessable areas, all properties included in the benefitted area, including other governmental areas, churches, etc. shall be included in the assessable areas . The following items may not be included in area calculations : public right= of-ways, natural waterway, swamps and lakes or other wetlands designated by the MN/DNR. The City Engineer will make the recommendation on the benefitted area in the feasibility report . 3 . Per Lot Method When it has been determined to assess by the "per lot" method, all lots within the benefitted area shall be assessed equally for the improvements . The "cost per lot" shall bedefined he totalquotient assessable the "assessable cost divided Y lots or parcels benefitting from the improvement . For 10 _Lt MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, City Planner RE: MUSA Land Supply Information DATE: January 14 , 1994 NON AGENDA BACKGROUND INFORMATION: Attached is a memo from Metropolitan Council staff member, Bob Davis, regarding the City of Shakopee's available land inventory within the Metropolitan Urban Service Area (MUSA) . Staff will again review the land supply figure of 2311 acres with respect to the identified exceptions from the Chanhassen Agreement for the January 18th meeting. If members of the Council have any questions please call me at 445-3650. Thank you. JAN-13-'94 THU 13:00 1D:r^ETROP_LITHrl COUNCIL TEL NO:612/251-650 #S5._ P02 METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 291-6359 TDD 612 291-0904 DATE: January 13, 1994 TO: Lindberg Ekola FROM: Bob Davis SUBJECT: Response to Meeting Question on Contract Land Use and MUSA Land Language All MUSA's in Urban Communities in the seven county Metropolitan Area are calculated in d. l A reas for identical manner with wct o the- ccheckedse of urban and adjusted nbas dl upon hea1990 landll use survueyles in upd update. the seven county arca were re The MUSA land supply figure of 2311 acres in the proposed Shakopee Beltway Sewer Contract is the result of many months of negotiations between city and Metro Council staff. The Shakopee vacant developed land total of 2311 acres excludes: *Lakes and streams *Wetlands defined by the National Wetlands Survey as well as legally created wetlands and drainageways (as defined and protected by local ordinance) *Floodplain *Bedrock areas (if development is excluded on them by local ordinance) *Agriculture preserve lands (if they exist and are covenanted) *Developed parklands and golf courses (public and Private) are excluded as used lands •Major highway right-of-way* * other streets, alleys, utility and miscellaneous rights-of-way are incorporated into the boundaries of adjacent urban land use categories (such urban land use boundaries as residential, commercial, etc, arc extended to the center line of these rights-of-way which are not individually categorized-because of their small parcel size). Future forecasting of such rights-of-way are subsequently factored into the urban land demand by reflecting the larger land-area-ratio of the urban land use boundaries incorporating the aforementioned rights-of-way. The Shakopee vacant land total was reduced over 600 acres from our original survey total after comparing land use maps with the city. The future land demand or need for urban land (1990 to 2000) is based upon Council household forecasts which are higher than the Shakopee growth rate over the past few years. The land need forecasts are based upon the city constructing 200 housing units per year, whereas the city has averaged only 127 units per year over the past ten years and just under 158 units per year (January 1990 through 1993). The city will have to grow at a rate substantially higher than 200 units per year through the remainder of the 1990s in order to make the Council's ten-year forecast. We believe the forecasts are optimistic, but agree with Shakopee staff that the city's growth should accelerate during the late 1990's. The proposed contract agreement contains a clause stating that "If Shakopee grows faster than the Council's forecastsand has demonstrated ldfor additional es, future dions to the MUSA will be grn � ia here mropoltan systems are not adversely impacted". (page 8) P.02 JAN-13-1994 13:02 METROPOLITAN COUNCIL OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota January 6 , 1994 MEMBERS PRESENT: Joos, Madigan, Spurrier, Kelly, Zak, & Mars MEMBERS ABSENT: Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Lisa Anderson, Recording Secretary Dave Hutton, City Engineer I. ROLL CALL Chrmn. Mars called the meeting to order at 7 : 37 p.m. Roll call was taken as noted above . II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF DECEMBER 9, 1993, MEETING MINUTES The meeting minutes were approved as presented with Comm. Mars abstaining from the vote due to his absence from the meeting. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response . V. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A VARIANCE FROM THE MINIMUM LOT WIDTH REQUIREMENT OF 150 FEET WITHIN THE RURAL RESIDENTIAL ZONING DISTRICT - SCOTT COUNTY FARMS/RESOLUTION NO. 678 Chrmn. Mars opened the public hearing to consider an application for a variance from the minimum lot width requirement of 150 feet within the Rural Residential Zoning District in order to develop lots on a cul-de-sac within the proposed Riverview Estates 2nd Addn. The City Planner gave a brief summary regarding this matter and recommended that this request be continued to the next meeting. He stated that Staff feels that redesign of the street is important and is required. Chrmn. Mars asked if the island was taken out if this would then meet City requirements. The City Engineer responded that it would not because there is a 60 foot radius requirement and this is twice Minutes of the Page - 2 Board of Adjustment and Appeals January 6, 1994 as large as we would need or want . He stated that the City does not allow detention ponds in the middle of cul- de-sacs . The Chrmn. asked the applicant to approach the podium. James Hill, Jr. , with the Engineering Consulting Firm of James R. Hill Incorporated stepped forward. He stated that they were hired by Scott County Farms to prepare a Preliminary Plat for the property. He stated that originally when the plat was proposed, they were not aware that there was a restriction on the engineering design relative to islands. Since then, they have redesigned the cul-de-sac without the detention pond in the middle of the cul-de-sac . He stated that they reduced the size of the street to what would be considered a standard residential cul-de-sac street pavement . He also stated that by providing a standard cul-de-sac, street paving within the subdivision would be acceptable to the engineering department because the City Ordinances require that the homeowners maintain the boulevard up to the back of the curb. He stated that approximately 60 feet would be maintained by the homeowners . The second issue that Mr. Hill discussed was the storm sewer issue . He stated that this matter has been resolved by ponding in another location. He feels that they have accommodated the Engineering design requirements as indicated by the City Engineer and have done so without the need to change any of the lot lines or the right-of-ways as proposed in the preliminary plat . Mr. Hill then handed out a revised plat (Exhibit Bi) and explained the design change . The City Engineer stated that he will have to review this new proposal . The City Planner suggested that by increasing these lots and by reconfiguring the lot lines, we could reduce or delete the need for the variance . Mr. Hill responded that there is no other feasible design with this type of cul-de-sac that would still meet all the requirements . They would still need a variance. He also stated that they have gone out of their way to satisfy two organizations, Scott County Highway Department and Shakopee Public Utilities, so that these issues can proceed in an orderly manner. He stated that in consideration to that, he is asking for this type of variance on 4 lots. Any redesign which includes consideration is still going to require him to come in for a variance because if he didn' t need to accommodate them in these manners, he could have a plat that could provide ten conforming lots . Mr. Hill stated that it' s a large right-of-way, but the City requires that the homeowners maintain that right-of-way. Mr. Hill concluded that he would like to request that the Board consider approving his request for the variance, Minutes of the Page - 3 Board of Adjustment and Appeals January 6, 1994 and the preliminary plat . He suggested that the deed restrictions could require an 80' front yard setback for these 4 lots . At this setback, the minimum lot width of 150' would be maintained. Chrmn. Mars recognized anyone from the audience wishing to speak regarding this matter. Katherine B. Lee, Attorney at Law, 7900 Xerxes Avenue South, Minneapolis, approached the podium. She stated that Staff' s proposal will look exactly like the proposal before them. This will be a subdivision that will meet all the requirements of the City and variances . She asked that when the Board is considering and discussing the variances that they keep in mind that a preliminary approval can be gained based upon a plat that does not exactly conform to the final plat that may be approved. She stated that she would like to have a conditional approval should the discussion go in that direction. The City Planner stepped up to a map and described the area and where the cul-de-sac is located. Comm. Joos stated a concern regarding too many driveways in a small span of cul-de-sac . Motion: Comm. Joos/Spurrier offered a motion to close the public hearing. Vote : Motion carried unanimously. Motion: Comm. Kelly/Zak offered a motion to approve a variance to the 150 foot lot width requirement contingent upon the recording of deed restrictions requiring an 80 foot setback for Lots 4 , 5, 6 & 7, Block 1 . Vote : Motion carried five to one with Comm. Joos voting against the motion. VI. OTHER BUSINESS Chrmn. Mars asked if there was any other business to discuss. There was no response from the Board. VI. ADJOURNMENT The meeting adjourned at 8 :25 p.m. U1/U15/94 1ti:3t3 'b12 337 550.1 usU. INC. - - VALLEY GREEN I¢JUUZ/U06 _ EXHIBIT A � . C2, .3. aAe DAHL�GREN - - 9 " Sf-PRDLOW AND - UBAN INCORPOI+A,r.r CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612.339.3300 • January 6, 1994 Jon Albinson Valley Green Business Park 5240 Valley Industrial Blvd. S. Shakopee,MN 55379 RE: Shoreland Overlay District,City of Shakopee Dear Jon: You have asked me to review the proposed Shoreland Overlay regulations that are now being discussed in Shakopee, and whether these standards might be modified to reduce the impact on Valley Green land in the vicinity of Dean Lake, while still serving the public interest. On the west side of Dean Lake, the proposed regulations may have significant impact, depending on how the City interprets the land use and boundary requirements in the DNR model ordinance. On the east side of Dean Lake, the standards still may have significant impact, but not in the same way as on the west side, since we have discussed this land as a prime residential area and have assumed that reasonable shoreland regulations would be in place. The proposed standards are typical of those found in other communities in the Metro Area because all communities are required to adopt the DNR model standards\or equivalent.The specific numerical standards in the Shakopee draft relating to district boundary,lot area,lot width, and minimum floor level above high water come directly from the DNR model and cannot be changed, unless there are good reasons for granting flexibility. The district boundary standard (1,000 feet from OHWL)can be altered with the approval of the DNR Commissioner if there are practical considerations such as topography or roadways that separate an area from the immediate shoreland of a lake. The DNR regulations are intended to protect shoreland areas,but not to unnecessarily restrict development on land that is not within the immediate influence of the lake. The DNR is not trying to curtail successful development near lakes, only such development that might have an immediate effect. Adjusting the boundary to less than 1,000 feet in some instances is appropriate and in keeping with the spirit of the DNR's intent. Ul/Uti/84 12S:38 ptilL 33/ bbUl USU. !M.. 444 PALLET GKEEN 1 JUU3/UU6 Jon Albinson 1/6/94 2 A major concern of the DNR is water quality and the effect that storm water runoff has on the lake. With the storm water management plan and regulations in place,now being developed by the City, runoff from all kinds of development can be controlled better. The impact of development on the lake will therefore be significantly reduced. An important feature of the shoreland regulations is the 150-foot setback for all structures from the OHWL of natural environment lakes, such as Dean Lake. In the vicinity of Dean Lake, almost all of this setback around the entire shoreline area is covered with natural vegetation.There should be considerable opportunity,therefore,for screening of structures as required by the regulations. "The lot width and lot area regulations for residential development do not allow the same kind of flexibility and will probably need to be adopted as is. The floor level regulations are intended to protect structures from rising flood waters. Some cities have been able to adopt standards that are different from the DNR standard of three feet above OHWL.For most of Valley Green's land around Dean Lake the land is at or above this three-foot standard at the 150-foot setback. For land that is not above this level, some minimal grading could raise it above the level required. In other words,there would not be much benefit from deviating from the minimum floor level standard in the DNR model ordinance. The wetland areas surrounding Dean Lake are very shallow and gradual. The OHWL line itself is in some instances over 1,000 feet from the normal water line of the lake,especially on the north side of the lake. Indeed,much of the shoreline area, as defined by the OHWL, would not even be perceived as a part of Dean lake by an ordinary observer,because it is so remote from the standing water in the lake. This vast extent of shallow wetlands surrounding the lake, and the odd convoluted shape they take, qualify in my opinion as a "special circumstance" under the flexibility provisions of the DNR model where there are "topography or vegetation characteristics that would make use of particular minimum state standards impractical". The characteristics of the Dean Lake area make reasonable development impractical if the full state standards are adopted. This situation argues for some flexibility to the boundary standards, particularly at the north end of the lake,near the Highway 101 Bypass. Apart from the numerical standards, a more important issue for the development of Valley Green Business Park is the question of the land use within the Shoreland Overlay District on the north and west sides of the lake. The existing Shoreline District allows basically residential and recreational uses.The proposed Shoreland Overlay would allow uses from the underlying zoning district as long as these uses also adhere to the new shoreland regulations. The DNR model ordinance discourages commercial and industrial uses on natural environment lakes, but given the natural characteristics of the land,the existing and future surrounding uses, the new Bypass, and the NSP transmission line easement,I believe it is reasonable to assume that the existing adjoining light industrial zoning would be the underlying zoning district. A quick study of the west and northwest shoreland areas of Dean Lake readily reveals that the area would be awkward, at best, as a residential neighborhood. Access from the west off County Road 83 would be very far away and pass through future business park land uses. Access from the south off County Road 16 would have to come across a very steep slope. On the north end of this area, the Highway 101 Bypass is not the best neighbor for single family residential uses. Through the middle of this area is the 225-foot-wide NSP easement. No development can happen within the easement, U1/U6/94 1b:40 Q6.12 337 SUUI usU. INC. -+-» VALLEY GKr:KN L JUU4/UUti Jon Albinson 1/6/94 3 and few homes would want to be very near the transmission lines. With the pattern of wetland and water areas around and under the NSP easement, and the required setbacks from the high water mark, there is very little land left for residential development.With approximately 180 acres of land currently zoned light industrial adjacent to it(east of County Road 83, south of the Bypass, and north of County Road 16), it is difficult to imagine a residential area on the west side of Dean Lake. This is very different from the east side of Dean Lake,where the NSP easement is farther from the Bypass, where the shape of the wetland areas is more regular, and where there is more land to accommodate residential development. Related to the land use question is the issue of impervious surface coverage. The DNR model allows no more than 25 percent lot coverage with impervious surface. This would be one way to control storm water runoff,if there were no other standards in place. But with a storm water management plan and ponding requirements for commercial and industrial development, there should be no reason to limit impervious surface coverage,if the ponding and runoff standards can be met. To summarize,most of the standards being discussed are reasonable and will probably need to be adopted as DNR requires. But some standards,I believe, should be altered to fit the unique circumstances of Shakopee and the Dean Lake area. Taking into account all the factors I have outlined above,I suggest the following plan for the Shoreland Overlay on Valley Green land in the vicinity of Dean Lake: 1) The new Highway 101 Bypass is a significant development boundary and no land north of the Bypass should be within the new Shoreland Overlay boundary. 2) North of the NSP easement and south of the Bypass, both east and west of the Dean Lake wetlands, the boundary of the Shoreland Overlay should be less than 1,000 feet from the OHWL. The wetlands in this area are far removed from Dean Lake, and are downstream from the lake, and so are not the same as areas directly surrounding the natural environment lake. The Shoreland boundary could be at the OHWL or, at the very least, at the existing Shoreland District boundary. 3) East of Dean Lake and its surrounding wetlands,residential is the highest and best use of the land, and the Shoreland Overlay should assume R-2 zoning or its equivalent as the underlying zoning. 4) West of Dean Lake and its surrounding wetlands,the underlying zoning for the entire Shoreland Overlay west of Dean Lake should be the light industrial zoning district. This future development will have high standards of design and construction, and with the setback and screening requirements in the Shoreland regulations, this development will be compatible with the lake environment.With the adjacent Highway 101,existing industrial development north of the Bypass, and future light industrial uses immediately to the west,with access out to County Road 83, it would be impractical to develop this area in any other land use. 5) South of the NSP easement, the Shoreland Overlay boundary could be at 1,000 feet from the OHWL. Development would still have to adhere to the 150-foot setback and screening and storm ponding requirements. 01/06/94 18:41 ''612 337 5601 DSU. INC. 444 VALLEY GREEN 10005/006 Jon Albinson 1/6/94 4 6) In all areas where light industrial zoning is the underlying district, the impervious surface coverage should be as stated in the zoning code,along with reasonable storm ponding and runoff DNR. Please let me know if I can be of further assistance in developing these new regulations. Sincerely, D • I - "N, :441.01.• , • • USAN,INC. if d / / it Philip Car =•n, • CP Senior P i e► 01/06/94 18:42 25612 337 5601 DSU, INC. ->-4-) VALLEY GREEN 1006/006 _ _ I ' J i F k 1 �,$ �n moo ►oil\L •�,• ` ;yam >\ ;--• / 1 I . ,7 . AD I '\ .. Jc • d t _4-- ...ems -5 1 4.C. '' . A 't \,. ... 4 ....-1 A .4- g 1 2- d I 4 ?. 'l i; :: 4 INI 414' 1 .t 11/40 I t ! et., nilt..‘a.:: N.Ik4%\';' , . . . 4. 1k I • .. . ):...--Z :4 ":" ' 1 I ..:+4 - N;c',‘ ' A 16 ' ''I.'41A!'a...__:41e't\ I i t '..* 0:, •L g . '...., 1 r____:.-..—-- • 71 1 r 1 ?. . . . '''.1 ji ,..zu. : ( t ; : .--e--15 1 1 ..-4a q. grij i . - ; ; c(?4 ::- 1 '`k .P / ------ -- \\------ 1 ( *4 . . / A ) ki ! T, „,,5, i _ •- -.. _. .._. 7-- , i : \ 6- i __€ ' , 7 1 ) I I' ;:::11 t1'Z' A. 1 . t; %.1 % \'' :/ Ili . 43 . 1 44,•..N"' z 'N / %Ili isli • 2 i 1 : ' N tt . ; 1 <-;:iN /I \ 3 \ L s Z1 , / -t - l� r �' f 5 1: \ � 1 <--- o 4,1 OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Special Session Shakopee, Minnesota January 6, 1994 MEMBERS PRESENT: Joos, Madigan, Kelly, Mars, Spurrier, & Zak (Spurrier and Zak arrived late) MEMBERS ABSENT: Christensen STAFF PRESENT: Lindberg Ekola, City Planner Karen Marty, City Attorney Terrie Sandbeck, Assistant City Planner Lisa Anderson, Recording Secretary I . ROLL CALL Chrmn. Joos called the meeting to order at 6 : 00 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. 6 : 00 P.M. PUBLIC HEARING CONTINUED TO CONSIDER AMENDMENTS TO CHAPTER 11, LAND USE REGULATION OF THE SHAKOPEE CITY CODE. Chrmn. Joos opened the public hearing. He asked if anyone in the audience wished to speak regarding Conditional Use Permit Provisions . Larry Griffith, Attorney at Law, Dorsey and Whitney, 220 S . 6th Street, Minneapolis, approached the podium. He stated that he is the attorney representing Valley Fair and said that the flood plain regulations affect Valley Fair. He stated that Valley Fair is talking about diking out 60 acres . The City Attorney responded that they cannot dike the property out and allow the mapping to be amended. She stated that the flood plain draft ordinance is based on the DNR and she indicated that she did not know how much flexibility there was . Comm. Spurrier took his chair at 6 : 17 p.m. Mr. Griffith stated that his greatest concern is that Valley Fair is to be down zoned from a permitted use to a conditional use. Comm. Mars asked if Valley Fair was permitted to dike, if they would then be taken out of the flood plain as a permitted use . Mr. Griffith stated that he would like to assist in getting the ordinance adopted. Minutes of the Page- 2 Shakopee Planning Commission January 6, 1994 Comm. Zak took his chair at 6 :21 p.m. The City Planner stated that they are working on getting Valley Fair out of the Flood Plain District . Chrmn. Joos suggested making this a permitted use in the I-2 Zone . Comm. Spurrier suggested it be put in another category of zoning such as "Theme Parks" . Comm. Mars suggested having a conditional use with the annual review which would show they type of improvements that are being done. The Board would, still, have some control . Comm. Joos suggested making a district for Theme Parks and putting Valley Fair in that district . The City Attorney responded that that could be possible. Jon Albinson, 5240 Valley Industrial Boulevard, Shakopee, approached the podium. He stated that he had four concerns that he had his planners work on. He handed out a letter summarizing their findings . (This letter has been attached as Exhibit A. ) Motion: Comm. Zak/Mars offered a motion to approve the "Nonconformities" portion of for the Land Use Regulations of the Shakopee City Code. Vote: Motion carried unanimously. PARKING The City Attorney provided a short summary of the parking regulations . She also provided a brief summary of the staff recommendations and how some of the decisions were made . A brief discussion took place by the Planning Commission regarding Parking. Comm. Spurrier asked if there was a section in the City Code that could be used to control where parking cannot occur. The City Planner responded that this would be covered under Subd. 2 - General Parking. Comm. Spurrier also stated that he would like to see some provisions that dealt with temporary parking. Comm. Mars asked for clarification of the table on page 153 . The City Planner responded that they used three different resources to come up with the information that is on that table . Aerates of the Page- 3 Shakopee Planning Commission January 6, 1994 Bob Sweeney, 506 Holmes, Shakopee, approached the podium and stated some questions regarding this matter. The City Attorney clarified his concerns . Mr. Sweeney asked whether it was the intent to exclude the parking of vehicles on ten acre lots, some of which are agricultural . He suggested making some adjustments, stating that some parking has some relationship to the size of the lot . He also suggested making adjustments regarding business vehicles . There was a consensus by the Board to recommend these changes . Jon Albinson, approached the podium. He stated that parking surfaces are a big expense for any development . He made a suggestion on page 151, Item H, regarding minimal lot size, to make the stall sizes for different types of vehicles, such as some stalls for compact cars only. Comm. Spurrier stated he did not agree with making stalls narrower for compact cars because the doors on these cars are bigger than on regular sized cars. The City Attorney gave a brief summary of the changes regarding driveways. Comm. Spurrier stated that he feels a driveway width should relate its use and not be limited to a standard size . The City Attorney stated that this matter would be looked at more thoroughly and she would bring more information back to the Board at the next meeting. The City Planner stated that the driveway grade is not so essential on the private property, but it is where those properties intersect in the public right-of-ways . He stated that he would get that information from the Engineering Department . Motion: Comm. Zak/Spurrier offered a motion to accept the parking and driveway regulations with the changes that are coming back from Staff . Vote : Motion carried unanimously. Motion: Comm. Zak/Mars offered a motion to continue the public hearing to January 13 , 1994 at 6 : 00 p.m. Vote : Motion carried unanimously. Minutes of the Page- 4 Shakopee Planning Commission January 6, 1994 IV. ADJOURNMENT The meeting adjourned at 7 :30 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota January 6, 1994 MEMBERS PRESENT: Joos, Madigan, Kelly, Mars, Spurrier & Zak MEMBERS ABSENT: Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Dave Hutton, City Engineer Lisa Anderson, Recording Secretary I , ROLL CALL Chrmn. Joos called the meeting to order at 8 : 24 p .m. The roll call was taken as noted above . II , APPROVAL OF AGENDA The agenda was approved as presented. III , APPROVAL OF THE NOVEMBER 30, DECEMBER 2, 9, AND 16, 1993 MEETING MINUTES Comm. Spurrier requested that the minutes of the November 30 , 1993 meeting state that he arrived late . The minutes were approved as presented with Comm. Mars abstaining from the vote on the December 2 , 9 & 16 minutes due to his absence and Spurrier abstaining from the vote on the November 30 minutes due to arriving late . 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 The City Planner stated that Staff received no opposition from the community regarding Items 12 , 13 , and 14 , and recommended that they be considered on the consent agenda. Motion: Comm. Madigan/Mars offered a motion to approve the consent agenda. Vote : Motion carried unanimously. VI . PUBLIC HEARING: TO CONSIDER THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE EAGLE CREEK BLUFF ADDITION PLANNED UNIT DEVELOPMENT - VANZEE HOMES, INC. Minim Page- 2 of the January 6, 19 2 Shakopee Planning Commission 4 Chrmn. Joos opened the public hearing to consider the preliminary and final development plans for the Eagle Creek Bluff Addition Planned Unit Development, located east of CR 18 and south of Boiling Springs Lane. The City Planner gave a brief overview of the revised site plan. He stated that Staff has recently received a revised PUD site plan from the applicant and is in the process of reviewing the PUD. The site plan includes a redesigned Eagle Creek Bluff Avenue which proposes an 80 foot wide right-of-way and would connect directly with the future CSAH 18 . He also stated that the City has received a petition from 24 households on Boiling Springs Lane favoring keeping it a cul-de-sac street . Staff recommends a continuation of the public hearing for this item, with receiving a time extension request from the applicant . Chrmn. Joos asked the applicant to step to the podium. Dennis Grizwold, 13617 Fifth Avenue South, Burnsville, Minnesota, stepped forward. He stated that Mr. VanZee, the applicant, was also with him. Mr. Grizwold briefly summarized the plan changes . He stated that the change was to deal with turning the east/west street into a collector with a 45 mph speed sign. He showed a map to the members of the Board and to the audience illustrating the new design for this division. Mr. Grizwold also showed a landscape plan. He stated that they made a number of improvements on the site, but feels that the overall concept of the project has not changed and asked the Board for their consideration. Comm. Spurrier asked if Boiling Springs Lane could remain a cul-de-sac. Mr. Grizwold provided two solutions that would keep Boiling Springs Lane a cul-de-sac . Chrmn. Joos recognized anyone in the audience wishing to speak on this matter. Randy Sauer, 9401 Boiling Springs Lane, Shakopee, approached the podium. He stated he is happy to see that the Board and the Developer are considering keeping Boiling Springs Lane a cul-de-sac . He stated that he turned a petition in to the City which was signed by all 24 households of Boiling Springs Lane stating that they would like this street to remain a cul- de-sac, and that they take on the responsibility of knowing and living on a cul-de-sac road that is longer than 1, 000 feet in length. Howard Larson, 8785 Boiling Springs Lane, Shakopee, approached the podium. He stated that he would like Boiling Springs Lane to remain a cul-de-sac and indicated Minutes of the Page- 3 January 6, 1994 Shakopee Planning Commission that the more traffic on the road the faster the road would deteriorate. He also pointed out that the more traffic there is, the harder it would be to have the neighborhood block watch what now exists . Comm. Spurrier stated he understands why the City would like to connect this street, but also concurs with the residents of Boiling Springs Lane and would therefore like to see this street remain a cul-de-sac . The City Planner pointed out on a map how the new CSAH 18 is to be developed and how the traffic would flow. He also provided a brief summary of the future plans for Shakopee, and the expected completion dates . Jon Holverson, 9129 Boiling Springs Lane, Shakopee, approached the podium. He concurred with what the other residents previously stated and pointed out to the Board that all 24 households of Boiling Springs Lane signed the petition. Tim Platt, 8615 Boiling Springs Lane, Shakopee, approached the podium. He stated that he would go out of his way to avoid traffic and does not agree with the traffic pattern as indicated by the City Planner. Randy Sauer, 9401 Boiling Springs Lane, Shakopee, approached the podium. He stated that this neighborhood really watches out for each other. He also pointed out that this street is a long street with a 90 degree angle on it and if there was more traffic there could possibly be more accidents . Comm. Zak stated that he doesn' t see a purpose for breaking through Boiling Springs Lane right now and to wait a couple more years to see what the flow of traffic would be like . He stated that the issue is to decide if the project is a good project . He would vote in favor of the project with the stipulation that Boiling Springs Lane remain a cul-de-sac for now. Chrmn. Joos stated that as a member of the Planning Commission, he feels bound by the Comprehensive Plan and the Zoning Ordinance and those are the guidelines that should be used. He stated that the Board also needs to look at it as cost effectiveness and that Boiling Springs Lane was designed in the first place as a temporary cul- de-sac . Therefore he would vote in favor of putting the street through. Minutes of the Page- 4 January 6, 1994 Shakopee Planning Commission Comm. Mars stated that he looks at the travel flow, the safety, the cost, and trying to be a good planner. He feels that the road should go through instead of having segments of roads, or cul-de-sacs, here and there . Comm. Kelly stated from an engineering viewpoint, heit would be appropriate to connect the streets, however, would like Boiling Springs Lane to remain a cul-de-sac leaving open the option that in the future it may become necessary to connect the two roads . Comm. Madigan stated that she feels sympathy for the residents of Boiling Springs Lane, but feels that it is appropriate to follow a logical pattern if streets are composed that way, and added that she also feels a need to follow the guidelines of the Comprehensive Plan. Mr. Grizwold approached the podium and requested to get action on the PUD, which deals with the concept and not any specific details, so that they could move forward. The City Planner suggested different options for the Board to consider: close the public hearing and table the discussion; continue the public hearing and allow for further testimony, or; start drafting conditions deemed necessary for approval . Motion: Comm. Zak/Madigan offered a motion to continue the public hearing to the February 3 , 1994, meeting and to accept the time extension request from the applicant, and to provide a vote of endorsement to the developer and to encourage additional efforts on his part in the concept of the proposal as seen today. Vote: Motion carried unanimously. The City Planner recommended to accept the design as presented tonight so the planning may move forward. There was a consensus by the Board that the design is acceptable and that the applicant should go forward with it . Claus VanZee, 9951 Clint River Boulevard, approached the podium. He stated that the plat works both ways, with Boiling Springs Lane as a cul-de-sac, and with it a through street . Therefore, he would like a decision made so the City Council can discuss this matter. He stated that his Purchase Agreement runs out at the end of January. Minim of the Shakopee Planning Commission Page- 5 January 6, 19 5 The City Planner stated that they received the information and dialogue, and will be drafting up the recommended conditions . Motion: Comm. Zak/Mars offered a motion to reconsider the continuance from the February meeting to the January 13th meeting. Vote : Motion carried unanimously. VII. PUBLIC HEARING CONTINUED: TO CONSIDER THE PRELIMINARY PLAT OF EAGLE CREEK BLUFF ADDITION - VANZEE HOMES, INC. Chrmn. Joos opened the public hearing to consider the preliminary plat of Eagle Creek Bluff Addition, located east of CR 18 and south of Boiling Springs Lane . The Assistant City Planner provided a brief overview regarding this matter. She stated that the Application for Approval of the proposed Preliminary and Final Development Plans addressed a number of concerns regarding the proposed development . Therefore, Staff recommends continuing the public hearing to the February 3 , 1994 , meeting. Motion: Comm. Madigan/Zak offered a motion to continue this public hearing to the February 3 , 1994 meeting. Vote : Motion carried unanimously. A short recess was taken at 9 :41 p.m. The meeting reconvened at 9 : 51 p.m. VIII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FROM MURRAY WILLIAMSON AND ASSOCIATES INC. - MURRAY WILLIAMSON AND ASSOCIATES. Chrmn. Joos opened the public hearing to consider an application for a Conditional Use Permit from Murray Williamson and Associates, Inc . for a 65 unit Holiday Inn Express Motel, to be located south of the Eagle Creek Plaza, north of the Super 8 Motel, and east of CR 17 . The City Planner gave a brief overview of the applicant' s proposals regarding this matter and recommended approval of this proposed facility subject to five conditions as stated in the Staff Report dated January 6 , 1994 . Murray Williamson, 6309 McColley Trail, approached the podium. He stated that the County does not agree with Minutes of the Shakopee Planning Common JPage- 6 January 6, 19 6 having three driveways for this property and stated that he tried to compromise with the County, but the response was negative. He stated they would like to start construction in February and open the facility in July, but would not be able to go through with the plans if the County didn' t cooperate . Comm. Mars stated that he likes the proposal and would like to approve this plan and leave it up to the County to decide on the number of drive-way access points . Chrmn. Joos recognized anyone else in the audience wishing to speak regarding this matter. Carl Lindstrand, 9607 Oakland, Bloomington, approached the podium. He stated that he is an owner of part of the land around this area, and he doesn' t feel the developer has a right to condemn his property. Mr. Lindstrand feels he has been very cooperative and has a product to sell but has not gotten a fair offer for the sale of his land. Motion: Comm. Spurrier/Mars offered a motion to close the public hearing. Vote : Motion carried unanimously. Motion: Comm. Spurrier/Zak offered Resolution No. PC- 676, A Resolution of the City of Shakopee, Minnesota, Approving a Conditional Use Permit to the Holiday Inn Express Motel with the conditions nos . 2 through 5, as recommended by staff and revising no. 1 as follows : 1 . County entrance permits need to be approved by the Scott County Highway Department . 2 . Approval of the Conditional Use Permit is contingent upon the approval of a Stormwater Management Plan and drainage calculations by the City' s Engineering Department . 3 . Approval of the Conditional Useof PermitrMinors contingent upon the approval Subdivision to combine the North 20 .45 feet of Lot 3 with Lot 2, Block 1, Century Plaza Square 3rd Addition. The approval of this Minor Subdivision will require the vacation of the 10 foot wide drainage and utility easements which were dedicated along the lot line between Lots 2 and 3 , and the dedication of additional 10 foot wide easements along the proposed new lot line. Page- 7 Minutes of the Jammu 6, 1994 Shakopee Planning Commission 4 . A minimum five foot wide landscape strip with one deciduous tree (2 1/2" trunk diameter minimum) every twenty feet shall be provided for screening purposes along the east property line in addition to the six foot tall wooden fence . 5 . Approval of the conditional use permit is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures . Vote : Motion carried unanimously. IX. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO LOCATE A CHURCH WITHIN THE MID- DENSITY RESIDENTIAL ZONING DISTRICT. - CALVARY UNITED METHODIST CHURCH/RESOLUTION NO. 677 . Chrmn. Joos opened the public hearing to consider an application for a Conditional Use Permit to locate a church within the Mid-Density Residential Zoning District . The site is located south of Vierling Drive, adjacent to Emerald Lane . The Assistant City Planner gave a brief summary regarding this matter. She stated that the subject site covers approximately 4 acres and is owned by Calvary United Methodist Church. Although a warranty deed was recorded in 1993 , approval of the land division by the City has not occurred. Therefore, since a subdivision plat is required by City Code, further processing of the Conditional Use Permit must be postponed. She stated that Staff recommends accepting a time extension request from the applicant and continuing the public hearing until after the subdivision platting process is completed. Chrmn. Joos recognized anyone in the audience wishing to speak regarding this matter. Jerry Becker, 1088 Jefferson Street, Shakopee, approached the podium. He stated he would get this matter taken care of and would have all the information to the City by the following week. Motion: Comm. Mars/Zak offered a motion to continue the public hearing to the February 3 , 1994 , meeting. Vote : Motion carried unanimously. Minutes of the Page- 8 Shakopee Planning Commission January 6, 1994 X. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT OF RIVERVIEW ESTATES 2ND ADDITION - SCOTT COUNTY FARMS. Chrmn. Joos opened the public hearing to consider the preliminary plat of Riverview Estates 2nd Addition, located at the northeast corner of the intersection of CR 18 and CR 16 . The City Planner stated that Staff' s recommendation is to table this item to allow time to prepare the conditions . The City Planner displayed a map and gave a brief overview of what is proposed. He stated that the applicant is requesting a 40 foot variance from the 150 foot minimum lot width within the Rural Residential Zoning District . The R-1 District regulations states that the minimum lot width is 150 feet for this area. He stated that the applicant is requesting a variance from the minimum lot width for four lots on the Kelly Circle turn-around street in the proposed Riverview Estates 2nd Addition. An Application for Preliminary Plat has been submitted. Comm. Spurrier asked when this area became a lot of record. James R. Hill, Jr. , approached the podium and stated the lot was of record as of 1972 . He also stated that with the variance that was granted tonight by the BOAA, the lots conform to the requirements . Outlot A has been included to accommodate the future right-of-way for CR 18 . He stated he would like to proceed on the basis that this plat is approved. The City Planner recommended that the City take into consideration park land. He stated that is an issue to be developed over a longer period of time and Staff could accommodate that type of issue during the final platting. Staff is proposing that the Planning Commission approve the Preliminary Plat and then through the final planning process, make some adjustments that will accommodate the City. The City Engineer stated that he requested that the preliminary plat be redesigned and the applicant has done that and this is the first time he has viewed this material . Comm. Kelly asked the applicant where a trail system would go through this area. The City Planner stated he was unsure of where this would be located. Comm. Spurrier stated a concern for the trail regarding this steep slopes . Mr. Hill responded that it may not be Minutes of the Page- 9 Shakopee Planning Commission January 6, 1994 appropriate for a trail system because the slopes are so steep. Chrmn. Joos recognized anyone else in the audience wishing to speak regarding this matter. Katherine B. Lee, Attorney at Law, The Watje Firm, Ltd. , 7900 Xerxes Avenue South, Minneapolis, approached the podium. She stated that it would be premature to approve this plat, but should approve it with the conditions that were originally outlined during the variance process so that the Staff can look at the storm water drainage. She stated that she would like the Commission to approve the preliminary plat at this meeting. Motion: Comm. Madigan/Zak offered a motion to close the public hearing. Vote : Motion carried unanimously. Motion: Comm. Mars/Madigan offered a motion to table this discussion to the February 3 , 1994, meeting, to allow time for staff to review the revisions on the preliminary plat, to give time for Staff to review the drainage and parks . Vote: Motion carried unanimously. XI. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT FOR ORLEANS ADDITION - J. PATRICK LEAVITT, JR. Chrmn. Joos opened the public hearing to consider the preliminary plat for Orleans Addition, to be located east of CR 17, and south of Hillside Drive. The Assistant City Planner provided a brief summary regarding this matter. She stated that on January 1, 1994 , the permanent rules established in the Wetland Conservation Act of 1991 went into effect . These rules require a comprehensive review of wetlands early in the subdivision plat review process. In order to meet the requirements of the Wetlands Conservation Act of 1991, the developer must submit a revised Wetlands Delineation Plan for further review by City Staff . She stated that the applicant has not fulfilled the requirements of this act at this time . She also stated that based on the plans submitted, the applicant shows a wetland being impacted by the proposed development . She stated that once the applicant has concluded that there are no other alternatives except to impact the wetlands, they must submit an adequate Replacement Plan for review by the City' s Technical Evaluation Panel . The Replacement Plan Minutes of the Page-10 Shakopee Planning Commission January 6, 1994 submitted by the applicant does not meet the requirements of the Wetlands Act of 1991 . Since the wetlands review process can take considerable time to complete and the City has a prescribed review time frame for preliminary plats, the applicant has submitted a time extension request in writing. (A copy of the letter was provided to the Planning Commission. ) The Assistant City Planner stated that Staff recommends continuing the public hearing until such time that the proposal meets the requirements of the Wetlands Act of 1991 . Chrmn. Joos recognized anyone from the audience wishing to speak regarding this matter. Gary Turpening, 8000 West 257th Street, Farmington, and Rob Boeta, Biologist, Westwood Professional Services, approached the podium. They displayed maps of the wetland areas, and of the area to be developed. Comm. Spurrier asked what organization makes the finding on whether the replacement or the use of the wetland is appropriate. The City Engineer provided a brief summary of the Wetland Act of 1991 . Motion: Comm. Mars/Zak offered a motion to continue the public hearing until the proposal meets the requirements of the Wetlands Act of 1991 . Vote : Motion carried unanimously. XII. ADJOURNMENT The meeting adjourned at 11 :27 p.m. MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk ice_-7 SUBJECT: Save O'dowd Lake Chain Association Lease/Insurance DATE: January 14 , 1994 You will remember that the City has entered into a lease with the Save O'dowd Lake Chain Association for the aerators out at O'dowd Lake. The lease requires that they maintain a public liability insurance policy and name the City as additional insured. The insurance will be expiring on January 25, 1994 . I was contacted by Mr. Bill Dellwo from Louisville Township in mid December. He was wondering if the City could include the aerators under the City's liability policy. He said that the Association was continuing to find it difficult to come up with the premium for the coverage. I advised him of previous similar requests and that City Council had chosen to continue to require the insurance as contained in the lease agreement. I advised him that if he wished to pursue it that he should submit a letter to city council and that it would be put on the agenda. I spoke with Mr. Dellwo prior to the last council meeting regarding the status of the matter. He advised me that the Association had not yet met to discuss the matter and that they would be meeting within the next week or two. I have not yet heard from Mr. Dellwo on the outcome of the meeting. At the time of our initial discussion, Mr. Dellwo mentioned that they may chose not to install the aerators this year. If not, he questioned if the insurance was necessary. Since the lease does not make any exception to carrying coverage, I asked the city attorney to review the lease and advise if it might be possible to amend it to allow an exception if the aerators were not installed. (See attached) At this time I do not know of the intentions of the Association and the insurance is expiring the end of this month. As far as I am concerned, the insurance should be renewed in order for the Association to be in compliance with the terms of the lease. If I do not get a new certificate of insurance, I will place this item on the Council's next agenda. MEMORANDUM TO: Judy Cox, City Clerk FROM: Karen Marty, City Attorney DATE: January 13, 1994 RE : O'Dowd Lake Generators You had requested draft language to amend the insurance provisions in the License granted to the Save O'Dowd Lakes Chain Association. Presently the License requires the Licensee to carry insurance, without regard to whether the aerators are used. If we do not want to require insurance if the aerators are not used, the insurance paragraph could be amended as follows : "4 . Insurance. The Licensee shall carry insurance in the amount specified for municipal liability under Minn. Stat . Sec . 466 . 04 , Subd. 1 . The insurance policy shall provide that the City is an additional named insured. A certificate of insurance shall be filed with the City Clerk annually showing this coverage. The insurance policy shall contain a cancellation clause stating that thirty days' written notice shall be provided to the City Clerk prior to cancellation. If both the City and the Licensee agree in writing, the insurance requirement may be waived on an annual basis, if the aerators are not to be used in that year. " Please let me know if you have further questions . Signed e Karen Mart , City Attorney KEM:bjm [13 MEMO] 44-44( CITY OF SHAKOPEE REVENUE REPORT As OF 12/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED FUND 001 GENERAL FUND 3100 PROPERTY TAX 2,357,630.00 -416,521.17 2,247,620.86 -110,009.14 95.33 3102 TAX INCREMENT 0.00 22,593.66 46,464.61 46,464.61 0.00 3104 FISCAL DISPARITIES 318,380.00 198,515.30 301,292.73 -17,087.27 94.63 3140 LODGING TAx 95,000.00 2,296.02 81,626.87 -13,373.13 85.92 SUBTOTAL TAKES $2,771,010.00 S-193,116.19 $2,677,005.07 $-94,004.93 96.61 3212 CABLE FRANCHISE 39,000.00 0.00 38,908.52 -91.48 99.77 3220 LIQUOR LICENSE 62,000.00 0.00 57,573.60 -4,426.40 92.86 3221 BEER LICENSE 4,500.00 0.00 4,697.00 197.00 104.38 3223 CIGARETTE LICENSE 800.00 495.00 535.00 -265.00 66.88 3229 MISC BUSINESS PERMITS 600.00 700.00 2,455.00 1,855.00 409.17 3240 BUILDING PERMITS 150,000.00 9,719.50 256,131.92 106,131.92 170.75 3241 PLUMBING PERMITS 24,000.00 925.00 41,535.65 17,535.65 173.07 3242 MECHANICAL PERMITS 10,160.00 2,066.22 23,974.80 13,814.80 235.97 3243 ELECTRICAL PERMITS 25,060.00 1,669.50 31,722.56 6,662.56 126.59 3244 SEWAGE SYSTEM PERMITS 0.00 37.50 1,200.00 1,200.00 0.00 3245 SEWER & WATER PERMITS 3,500.00 195.00 6,134.50 2,634.50 175.27 3250 STREET OPENING PERMITS 2,500.00 25.00 5,775.00 3,275.00 231.00 3260 DOG LICENSES 300.00 22.00 258.00 -42.00 86.00 3270 MISC. NON-BUSINESS PERMITS 0.00 0.00 85.00 85.00 0.00 SUBTOTAL LICENSES & PERMITS $322,420.00 $15,854.72 $470,986.55 $148,566.55 146.08 3341 LGA 147,220.00 73,602.00 147,216.00 -4.00 100.00 3342 HACA 417,230.00 211,362.00 420,235.50 3,005.50 100.72 3343 MOBILE HOME 800.00 488.58 583.96 -216.04 73.00 3346 POLICE TRAINING REIMBURSEMENT 6,500.00 0.00 0.00 -6,500.00 0.00 3348 STATE AID - MAINT 18,200.00 0.00 92,847.60 74,647.60 510.15 3351 STATE AID • POLICE 76,000.00 0.00 89,686.33 13,686.33 118.01 3360 COUNTY GRANTS/AIDS 5,004.00 0.00 5,388.00 384.00 107.67 3361 AGGREGATE 8,000.00 0.00 3,989.26 -4,010.74 49.87 SUBTOTAL INTERGOVERNMENTAL REVENUE $678,954.00 $285,452.58 $759,946.65 $80,992.65 111.93 3404 ADMINISTRATIVE CHARGES 70,400.00 789.92 17,448.01 -52,951.99 24.78 3406 PLAN CHECK 87,600.00 5,111.00 134,894.55 47,294.55 153.99 3407 SALE OF DOCUMENTS 4,000.00 646.45 7,256.00 3,256.00 181.40 3408 ASSESSMENT SEARCHES 2,200.00 410.00 5,830.00 3,630.00 265.00 3409 RELEASE OF DEVELOPER AGREEMENT 0.00 70.00 470.00 470.00 0.00 CITY OF SHAKOPEE REVENUE REPORT Page 2 AS OF 12/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL OBJECT DESCRIPTION REVENUE ACTUAL PERCENT ACTUAL REVENUE VARIANCE RECEIVED 3410 COMPREHENSIVE PLAN FEE 0.00 3411 LAND DIVISION ADMINISTRATION 22,378.420.00 100.00 100.00 14,378.42 279 8,000.00 1,611 200.003 3420 POLICE SERVICES 20,600.00 1,476.00 14,256.00 3421 FIRE SERVICES 25,000.00 -6,344.00 69.20 3424 ED FINESVI8 FEES 0.00 21,175.50 -3,824.50 1,200.0084.70 3425 VALLEY FAIR 118.00 1,316.00 116.00 109.67 11,000.00 0.00 12,336.48 1,336.48 112.15 3430 SNOW REMOVAL 2,000.00 3432 PUBLIC WORKS RENTAL 0.00 5,877.78 3,877.78 293.89 0.00 0.00 751.00 751.00 3433 MISC PUBLIC WORKS 0.00 2,500.00 578.50 7,477.54 4,977.54 299.10 3435 ENGINEERING FEE 305,000.00 29,073.67 3436 ENGINEERING GRADE FEE 310,430.98 5,430.98 101.78 2,000.00 195.00 3,399.00 1,399.00 169.95 3450 REFUSE CHARGES 522,835.00 43,774.11 3452 REFUSE COUPONS 447,039.18 -75,795.82 85.50 0.00 542.50 13,103.03 13,103.03 0.00 3470 POOL SEASON TICKETS 16,000.00 0.00 16,207.00 207.00 101.29 3471 POOL ADMISSIONS 20,000.00 0.00 22,027.30 2,027.30 110.14 3472 POOL SWIMMING LESSONS 10,000.00 0.00 7,648.50 -2,351.50 76.49 3473 POOL SLIDE FEES 11,000.00 0.00 9,227.00 -1,773.00 83.88 3477 YOUTH ACTIVITIES 39,190.00 2,925.17 3478 ADULT ACTIVITIES 37,126.54 -2,063.46 94.73 37,700.00 178.00 35,127.00 -2,573.00 93.18 3479 CONCESSIONS 10,500.00 0.00 10,796.14 296.14 102.82 3481 NON-RESIDENT FEE 2,500.00 350.00 50.00 -2,450.00 2.00 3489 NON-RESIDENT FEE/TOWNSHIP PYMT 3,300.00 0.00 4,199.00 899.00 127.24 3490 OTHER RECREATION FEES 5,900.00 0.00 3,642.00 -2,258.00 61.73 SUBTOTAL CHARGES FOR SERVICES $1,220,425.00 $87,849.52 $1,171,589.95 $-48,835.05 96.00 3500 FINES & FORFEITS 51,000.00 5,301.95 60,394.35 9,394.35 118.42 SUBTOTAL FINES 8 FORFEITS $51,000.00 $5,301.95 $60,394.35 $9,394.35 118.42 3620 MISCELLANEOUS 20,000.00 29,926.82 50,220.63 30,220.63 251.10 3621 INTEREST 100,900.00 3622 RENTS 0.00 63,828.62 -37,071.38 63.26 7,540.00 1,010.00 13,629.00 3623 CONTRIBUTIONS 180.76 17,531.00 -237.00 10,808.85 -6,722.15 61.66 SUBTOTAL MISCELLANEOUS $145,971.00 $30,699.82 $138,487.10 $-7,483.90 94.87 3920 OPERATING TRANSFERS 339,400.00 0.00 0.00 -339,400.00 0.00 3921 TRANSFER FROM ELECTRIC FUND 274,384.00 40,064.00 240,384.00 -34,000.00 87.61 3923 TRANSFER FROM CAPITAL EQUIP FD 0.00 290,317.89 290,317.89 290,317.89 0.00 SUBTOTAL TRANSFERS IN $613,784.00 $330,381.89 $530,701.89 $-83,082,11 86.46 • CITY OF SHAKOPEE Page 3 REVENUE REPORT AS OF 12/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED 3980 SALE OF FIXED ASSETS 0.00 0.00 3,106.00 3,106.00 0.00 SUBTOTAL SALE OF ASSETS $0.00 $0.00 $3,106.00 $3,106.00 0.00 CITY OF SHAKOPEE Page 4 REVENUE REPORT AS OF 12/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED FUND GENERAL FUND TOTAL $5,803,564.00 $562,424.29 $5,812,217.56 $8,653.56 100.15 CITY OF SHAKOPEE EXPENSE REPORT AS OF 12/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION EXPENSE ACTUAL EXPENSE VARIANCE EXPENDED FUND 001 GENERAL FUND 4101 WAGES FT REG 2,385,460.00 326,146.33 2,358,038.44 -27,421.56 98.85 4102 OVERTIME-FT 56,280.00 7,640.31 48,558.37 -7,721.63 86.28 4110 WAGES - TEMP 271,034.00 16,801.31 177,163.60 -93,870.40 65.37 4111 OVERTIME-TEMP 1,000.00 0.00 89.75 -910.25 8.98 4121 PERA 175,185.00 23,540.95 169,754.13 -5,430.87 96.90 4122 FICA 126,663.00 17,222.35 126,938.53 275.53 100.22 4124 FIRE PENSION 25,200.00 0.00 48,290.00 23,090.00 191.63 4125 MEDICARE 4,899.00 0.00 0.00 -4,899.00 0.00 4131 HEALTH S LIFE 204,925.00 14,527.33 168,848.14 -36,076.86 82.40 4142 UNEMPLOYMENT 0.00 0.00 37.53 37.53 0.00 4151 WORKERS COMPENSATION 83,448.00 0.00 71,330.00 -12,118.00 85.48 4170 COMPENSATED ABSENCES 28,400.00 0.00 0.00 -28,400.00 0.00 SUBTOTAL PERSONNEL SERVICES $3,362,494.00 $405,878.58 $3,169,048.49 S-193,445.51 94.25 4210 OPERATING SUPPLIES 112,471.00 17,138.73 115,773.20 3,302.20 102.94 4215 MATERIALS 29,000.00 8,941.48 48,383.87 19,383.87 166.84 4222 MOTOR FUELS 8 LUBRICANTS 35,600.00 2,693.20 25,185.97 -10,414.03 70.75 4230 BUILDING MAINT 84,320.00 18,263.97 73,205.03 -11,114.97 86.82 4240 EQUIPMENT MAINTENANCE 86,453.00 23,810.98 102,815.36 16,365.36 118.93 4242 PAVEMENT PRESERVATION 95,000.00 0.00 0.00 -95,000.00 0.00 4250 MERCHANDISE 11,500.00 0.00 6,365.80 -5,134.20 55.35 4310 PROFESSIONAL SERVICES 401,346.00 20,684.45 320,597.00 -80,749.00 79.88 4316 FILING FEES 1,830.00 0.00 189.00 -1,641.00 10.33 4320 POSTAGE 9,600.00 111.27 9,786.22 186.22 101.94 4321 TELEPHONE 25,380.00 3,729.42 25,689.09 309.09 101.22 4330 TRAVEL/SUBSISTENCE 16,410.00 557.86 8,311.61 -8,098.39 50.65 4340 ADVERTISING 4,000.00 405.41 2,271.75 -1,728.25 56.79 4350 PRINTING/PUBLISHING 34,893.00 5,369.02 32,497.31 -2,395.69 93.13 4360 INSURANCE 132,000.00 500.00 133,905.96 1,905.96 101.44 4380 UTILITY SERVICE 659,750.00 100,744.71 613,629.90 -46,120.10 93.01 4390 CONFERENCE/SCHOOL/TRAINING 32,700.00 669.22 15,849.97 -16,850.03 48.47 4410 RENTALS 35,340.00 2,055.80 31,526.69 -3,813.31 89.21 4430 MISCELLANEOUS 10,100.00 127.81 9,677.80 -422.20 95.82 4431 CASH SHORT/OVER 0.00 0.00 -23.92 -23.92 0.00 4433 DUES 22,040.00 190.00 16,415.52 -5,624.48 74.48 4435 SUBSCRIPTIONS/PUBLICATIONS 0.00 469.40 3,681.53 3,681.53 0.00 4437 PROPERTY TAX/SPECIAL ASSESS 4,976.00 0.00 6,949.94 1,973.94 139.67 .438 SALES TAX 0.00 0.00 3,973.98 3,973.98 0.00 4490 CONTINGENCY 24,380.00 0.00 23,089.39 -1,290.61 94.71 SUBTOTAL SUPPLIES & SERVICES $1,869,086.00 $206,462.73 $1,629,747.97 $-239,338.03 87.19 CITY OF SHAKOPEE Page 2 EXPENSE REPORT AS OF 12/31/93 CURRENT Y.T.O. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION EXPENSE ACTUAL EXPENSE VARIANCE EXPENDED 4550 EQUIPMENT 358,140.00 10,174.45 310,135.37 -48,004.63 86.60 SUBTOTAL CAPITAL EXPENDITURES $358,140.00 $10,174.45 $310,135.37 $-48,004.63 86.60 4720 INTERFUND OPERATJ NG TRANSFERS 1,102,265.00 628,907.00 1,102,265.00 0.00 100.00 SUBTOTAL TRANSFERS OUT $1,102,265.00 $628,907.00 $1,102,265.00 $0.00 100.00 CITY OF SHAKOPEE Page 3 AS OF 12/31/93 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION EXPENSE ACTUAL EXPENSE VARIANCE EXPENDED FUND GENERAL FUND TOTAL $6,691,985.00 $1,251,422.76 $6,211,196.83 $-480,788.17 92.82 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 8, 1993 Mayor Laurent called the meeting to order at 7 : 03 P.M. with Councilmembers Vierling, Beard, Lynch and Sweeney present . Also present were Dennis R. Kraft, City Administrator; Barry Stock, Ass' t . City Administrator; Gregg Voxland, Finance Director; and Judith S. Cox, City Clerk. Mayor Laurent explained that the purpose of the meeting was to discuss the proposed budget for 1994 and the tax levy that will result from that budget . He stated that a hearing is prescribed by •,state law and tonight' s hearing is in keeping with the truth in taxation law. Mayor Laurent opened the public hearing on the 1994 Budget & Tax Levy. He explained that since City Council decides what will be spent and actually sets the budget, they felt that it would be more appropriate that a Councilmember make the presentation rather than a staff person. Mayor Laurent thanked Councilor Sweeney for doing the presentation. Using his own tax bill notice, Cncl . Sweeney explained that the City tax portion of the bill is down 1. 5% . This should hold true for all residences where the market value has not changed. Using a pie chart, Cncl . Sweeney showed the percentage of taxes that goach taxing jurisdiction. The City only receives 20% . Although his total taxes went up 9 . 7%, the City portion went down 1 . 5% . Cncl . Sweeney explained that the public hearing tonight is only about the City' s portion of the total tax which is approximately 20% . Using a pie chart, Cncl . Sweeney explained the various general fund revenues . He said that the general fund is one of a number of funds . The general fund pays for most salaries and supplies . 58% of the general fund comes from taxes . Cncl . Sweeney explained that the budget process started in May and that division managers, in response to City Council direction, prepared budgets with the same dollar figures as last year. Cncl . Sweeney explained that personnel costs are basically flat since 1991 . Using a graph, he showed that City tax has remained relatively stable since 1988/89 . He explained the additions in personnel from 1992 until 1994 . He stated that he thinks that Shakopee' s number of employees is low for a City of its size with the development demands that have been placed upon it . Mr. Sweeney showed the actual salary costs for City employees (on the TV monitors) , he also showed number of employees by department , for 1992 , 1993 , and 1994 . As a percentage of the total general fund budget, he explained that 1992 was a little higher than 1993 and that 1994 is higher than 1993 . Official Proceedings of the December 8, 1993 Shakopee City Council Page -2- Mr. Sweeney then showed the list and cost of Independent Contractors used by the City. He identified some of the services that could theoretically be performed by City employees . Typically these are specialized services . Consultants fall into this group. These services cost the City less being contracted out, such as : ambulance service, garbage collection, assessing, electrical inspections . The total budget figure for these services is not included in the total cost for personnel services . Mr. Sweeney showed the budgeted amounts and the expenditures for .1990, 1991, and 1992 . He pointed out that in each year the expenditures were not 100% of what was budgeted. Roughly 5% of the budget is not expended. This is a management winner because the managers have determined to spend only what they actually have to spend. He pointed out that managers, doing the tasks they are asked to perform, are able to use the budget and have approximately 5% of it carry over into the next year. Mr. Sweeney answered questions from City Councilmembers . Mayor Laurent asked if there were any questions from the audience about the proposed budget for 1994 . There was no response . Cncl . Lynch thanked Mr. Sweeney for doing an excellent job on presenting the budget and for Mr. Voxland for putting together the information requested by Mr. Sweeney for the presentation. Mr. Voxland stated, for the record, that the City is proposing to adopt an actual tax levy, following the Council meeting, of $2, 805, 925 and the appropriations for the general fund of $6, 042, 430 . He explained that the tax levy is approximately a 4 1/2% increase over last year, but because of growth we are expecting a decrease in the tax capacity rates . Mr. Sweeney thanked Mr. Weigold for coming to the hearing and for asking him questions that aided him in putting his presentation together. Mr. Weigold, Shakopee, stated that everyone did a good job this year on the budget and he is pleased to see that his City taxes didn' t go up as they have in the past . Jon Albinson, 5240 Valley Industrial Boulevard South, compared the amount of taxes paid by commercial/industrial property as opposed to residential property. He said the commercial and industrial properties pay most of the taxes in Shakopee . Because of the strong commercial and industrial base in Shakopee, the taxes for residential properties is helped. Mr. Sweeney stated that the Minnesota property tax is one of the most ccrplex in the country. There are different classes of properties and different rates for each. It is different to compare properties . He went on to explain. Official Proceedings of the December 8, 1993 Shakopee City Council Page -3- Mayor Laurent asked if there were any additional comments from citizens or Councilors or staff . Cncl . Vierling reported that at the County Board meeting the analysis was that the majority of shifts was to the residential properties (as a result of new laws relating to the taxing system) . There being no further comments, Mayor Laurent closed the public hearing. Mayor Laurent adjourned the meeting to Tuesday, December 21, 1993 at 7 : 00 p.m. Meeting adjourned at 8 : 02 p.m. JAL j - 0/Y—/ •ith S. Cox ry Clerk cording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 21, 1993 Acting Mayor Lynch called the meeting to order at 7 : 00 p.m. with Cncl. Vierling, Beard and Sweeney present; Mayor Laurent was absent. Also present: Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director, and Judith S. Cox, City Clerk. Mr. Kraft stated that state law required that the tax levy be adopted at the hearing subsequent to the hearing this Council held on December 8, 1993 . Acting Mayor Lynch recognized anyone on the audience wishing to speak on the 1993/1994 tax levy and the 1994 budget. There was no response. Sweeney/Vierling offered Resolution 3921, a Resolution Setting 1993 Tax Levy Collectible in 1994 , and moved its adoption. Motion carried unanimously. Vierling/Sweeney offered Resolution No. 3913, adopting the 1994 Budget, and moved its adoption. Motion carried unanimously. Vierling/Beard offered a motion to close the public hearing. Motion carried unanimously. Sweeney/Vierling offered Resolution 3921, a Resolution Setting 1993 Tax Levy Collectible in 1994, and moved its adoption. Motion carried unanimously. Vierling/Sweeney offered Resolution No. 3913, adopting the 1994 Budget, and moved its adoption. Motion carried unanimously. Acting Mayor Lynch adjourned the meeting to December 21, 1993 , at 7:05 p.m. Judith S C x City Clerk Lisa Anderson Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBEFR21, 1993 Acting Mayor Lynch called the meeting to order at 7:06 p.m. with Cncl. Vierling, Beard and Sweeney present. Also present: Dennis Kraft, City Administrator; Barry Stock, Asst. City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director, and Judith S. Cox, City Clerk. Mr. Kraft deleted from the agenda Item 14L, Res. No. 3930, and added 15A, 1994-96 Public Works Contract. Beard/Sweeney moved to approve the agenda as modified. Motion carried unanimously. Acting Mayor Lynch recessed the City Council meeting at 7: 10 p.m. for an H.R.A. meeting. Acting Mayor Lynch reconvened the City Council meeting at 7:58 p.m. Liaison reports were given by the Councilmembers. Acting Mayor Lynch gave the Mayor's report. Acting Mayor Lynch/Beard offered Resolution No. 3920, A Resolution of Appreciation to Gloria M. Vierling, and moved its adoption. Acting Mayor Lynch read Resolution No. 3920. Motion carried unanimously. Acting Mayor Lynch asked if anyone present in the audience wished to speak on any item not on the agenda. There was no response. Councilmembers deleted the following items from the consent business: 13A - Canterbury Downs Letter of Credit, and 13C - Street Light at Vierling Drive and Marschall Road. Beard/Vierling moved to approve the consent business as amended. Motion carried unanimously. Kristin Dirks, Convention and Visitors Bureau, 1801 East Highway 101, Shakopee, Minnesota, gave a brief presentation of the marketing program, growth and budget of the Convention and Visitors Bureau. Mr. Ekola gave a brief review of the requests and views of the Planning Commission regarding Prairie Bend Planned Unit Development by Sienna Corporation. He said that Sienna has a new conceptual plan and would like to show it to Council before going forward. Mr. Jim Johnston, Sienna Corporation, gave a presentation and showed a diagram of the area that is going to be developed. He Official Proceedings of the December 21, 1993 Shakopee City Council Page -2- asked the Council for a consensus for what they are looking for and stated the Sienna Corporation will meet the PUD ordinance. Mr. Sweeney stated it is important to provide housing for low income families and not just the upper or middle classed families. Ms. Vierling stated a concern that this property is being developed next to a B-2 and R-4 Districts. ,,The Councilmembers stated a big improvement from the previous time Mr. Johnston gave a presentation and thought he is moving in the right direction. Sweeney/Beard moved to table Canterbury Downs Letter of Credit. Motion carried unanimously. Beard/Vierling moved to cancel the previous direction to staff (from 11-16-93 meeting) regarding the preparation of an agreement between the City and Valley Green Business Park for recovering all costs in excess of $56, 000. 00 from the MWCC for the 12th Avenue Sewer and Water Project. (Motion carried under consent business. ) Sweeney stated a concern regarding assessments for streetlights along Vierling Drive and Marschall Road. A brief discussion was had regarding whether or not to assess for street lights along collector streets. Beard/Vierling moved to direct Staff to have SPUC to install a streetlight on the West side of Marschall Road at Vierling Drive for a cost not to exceed $692 . 16. Mr. Beard stated he does not see the benefit of spending $692 . 16 of public money for a street light. Mr. Sweeney suggested putting a flashing red light on Vierling Drive. Mr. Hutton clarified that this is a County Road and therefore is controlled by the County. Sweeney/Lynch moved to table the motion (to allow staff to research the policy in street lights on collector street) . Motion carried three to one with Cncl. Beard voting against. Beard/Vierling moved to authorize the City Clerk to issue Cigarette Licenses for 1994 . (Motion carried under consent business. ) Beard/Vierling moved to grant Harry Pass authorization to use up all excess 1993 vacation by December 31, 1993 . (Motion carried under consent business. ) Official Proceedings of the December 21, 1993 Shakopee City Council Page -3- Beard/Vierling moved to authorize Howie Heller to utilize 80 hours of sick time for the life threatening illness to his wife. (Motion carried under consent business. ) Mr. Kraft gave a brief report regarding the Minnesota Valley Restoration Project, Inc. Lease Agreement which is expiring at the end of the year. He recommended that Council prepare a new lease for consideration and suggested continuation of the current lease until January 31, 1994. Sweeney/Beard moved to direct Staff to prepare a codicil to the lease agreement with Minnesota Valley Restoration Project, Inc. for Murphy's Landing that extends it for another month. Motion carried unanimously. Sweeney/Vierling moved to authorize Staff to sign that extension agreement on behalf of the Council. Motion carried unanimously. Gary Barker, Director of Murphy's Landing, stated that he agrees with Staff to continue the lease for another month. During this time, the City Attorney will be preparing a new lease. Beard/Vierling moved to approve the bills in the amount of $1,212,961.79. (Motion carried under consent business. ) Beard/Vierling moved to authorize the appropriate City officials to execute the Electrical Contract with Terry Krominga for the 1994 operational year. (Motion carried under consent business. ) Mr. Kraft gave a brief summary of the plan that is proposed by the Metropolitan Waste Control Commission to sell their land South of CR-16. Sweeney/Vierling moved to direct Staff to initiate the process and formulate a bid on the MWCC parcel. Motion fails with Sweeney and Lynch voting in favor and Vierling and Beard voting against. Beard/Vierling moved to grant the Developer of Stonebrooke Second Addition an additional 180 days in which to file the final plat with the Scott County Recorder's Office. (Motion carried under consent business. ) Beard/Vierling moved to grant the Developer of Dominion Hills 1st Addition an additional 180 days in which to file the final plat with the Scott County Recorder's Office. (Motion carried under consent business. ) Beard/Vierling offered Res. No. 3919, A Resolution Amending Res. No. 2847 Which Established Guidelines for Appointments to and Operations of Boards and Commissions, and moved its adoption. (Motion carried under consent business. ) Official Proceedings of the December 21, 1993 Shakopee City Council Page -4- Beard/Vierling offered Ord. No. 366, 4th Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 6, Other Business Regulation and Licensing, Section 6.55, Health and Sanitary Requirements, By Repealing Division 5, Skin Preparation, Aseptic Technique, and Enacting One New Subdivision in Lieu Thereof, Relating to the Same Subject, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Res. No. 3927, A Resolution Authorizing the •City of Shakopee to Enter Into a Service Contract With the RTB to Provide Public Transportation Services in Shakopee for Calendar Year 1994, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Res. No. 3923, A Resolution Adopting Uniform Standards Relating to Tree and Shrub Control as Provided by Section 7. 05 of the Shakopee City Code, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Res. No. 3924, A Resolution Setting Fees for City Licenses, Permits, Services and Documents, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Res. No. 3925, A Resolution Designating the City of Shakopee as the Local Government Unit (LGU) and Adopting the Permanent Rules of the Wetland Conservation Act, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Res. No. 3926, A Resolution Amending the Special Assessment Policy, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Res. No. 3928, A Resolution Ordering the Preparation of a Report on an Improvement to Vierling Drive from CR-15 to Harrison Street, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Res. No. 3929, A Resolution Amending Resolution No. 3909 and Res. No. 3910, and moved its adoption. (Motion carried under consent business. ) Beard/Vierling offered Ord. No. 367, 4th Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 7, Streets and Sidewalks Generally, Section 7. 05, Regulation of Grass, Weeds and Trees Along Streets, By Repealing Subdivision 2 , Duty of Property Owners to Cut Grass and Weeds and Maintain Trees and Shrubs, and Enacting One New Subdivision in Lieu Thereof, Relating to the Same Subject, and moved its adoption. (Motion carried under consent business. ) Official Proceedings of the December 21, 1993 Shakopee City Council Page -5- Beard/Vierling offered Ord. No. 368, 4th Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 7 , Streets and Sidewalks Generally, Section 7 . 16, Sidewalk Inspection, Repair and Replacement Policy, by Repealing Subdivision 3 , Funding for Sidewalk Repairs, and Enacting One New Subdivision in Lieu Thereof, Relating to the Same Subject, and moved its adoption. (Motion carried under consent business. ) Mr. Kraft gave a brief summary of the Local 320 Public Works Contract for 1994-96 . Sweeney/Vierling moved to approve the Labor Agreement between the City of Shakopee and the Local 320 Public Works for January 1, 1994 through December 31, 1996 . Motion carried unanimously. Acting Mayor Lynch recessed the City Council meeting at 9 : 10 p.m. for an Executive Session to consider strategy for labor negotiations. Acting Mayor Lunch re-convened the City Council meeting at 9 : 26 p.m. No action was taken during the Executive Session. Acting Mayor Lynch adjourned the meeting at 9 : 26 p.m. Judith S. Co City Clerk Lisa Anderson Recording Secretary JAN 14 '94 10:39AM SHAKOFEE CHAMBER F.2 January 13, 1994 Dear: Mayor Laurent, Council Members, Dennis Kraft Please accept my resignation from the Community Development Commission. Due to my duties as a newly elected Council member, I feel I cannot committ to serving on both. Sincerely i • i lam = ris Dirks JAN-14-1994 09:39 612 445 1669 P.02 } • { ?CC., MEMO TO: Dennis Kraft, City Administrator FROM: Amy Wicklund, Planning Intern RE: Petition to Vacate the Portion of the Alley Located North of Lots 3 , 4 , and 5, Block 30, Shakopee Plat. DATE: January 11, 1994 INTRODUCTION: The owner of Pablo's Restaurant has approached the City offering to buy the strip of land in front of the restaurant where he wishes to make landscaping improvements. On October 5, 1993 , the City Council directed staff to prepare the necessary documents to convey a portion of the property to Mr. Paul Schwaesdall. An investigation revealed that the land in question is legally considered a public alley. This alley would need to be vacated before any land transactions or improvements could be made. City staff was directed by the City Council to proceed with vacating the remaining portion of the 16 foot alley located north of Lots 3 , 4 , and 5, Block 30, Original Shakopee Plat. At their meeting on January 6, 1994 , the Planning Commission recommended the approval of the vacation of the remaining alley. The City Council will hold a public hearing on January 18 , 1993 , to consider this vacation request. BACKGROUND: Attached is a copy of the zoning map with the location of Block 30, Shakopee Plat. See Exhibit A. Shakopee Plat was platted in 1858 . The portion of the alley that is being considered for vacation is north of Lots 3 , 4, and 5, and is 16 feet in width. That portion of the alley north of Lots 1 and 2 was vacated on April 20, 1982 . Therefore, the alley does not connect to Holmes Street. Attached is a map illustrating lot lines and building footprints for this block, and a street map of the surrounding area. See Exhibits B and C. The alley abuts Lots 1 through 5 to the south. The lots have been divided and developed in a combination of commercial and residential uses. The alley abuts Lots 6 through 10 to the north. These lots have been paved to create a City of Shakopee parking lot, which was constructed in 1985. The alley is not currently used for vehicular traffic, as vehicles enter the parking lot via entrances that are not aligned with the alley. The alley is being used as a landscaped area adjacent to the parking lot. Also attached is a copy of the Transportation Plan from the draft 1990 Comprehensive Plan showing the area street designations. See Exhibit D. Holmes Street, Lewis Street, 2nd Avenue, and 3rd Avenue are all designated as local streets. Second Avenue has been recently reconstructed as a pair of one way streets on either side 1 of the railroad track. Block 30 can be accessed from Lewis Street and Holmes Street through the city parking lot. Access to the parking lot from Second Avenue is available to pedestrians but not vehicles. DISCUSSION: Staff has contacted the appropriate utility companies for their input on this proposed vacation. Minnegasco has an existing gas main in the alley which serves customers to the east and west of Block 30. Minnegasco would object to the vacation unless easement rights are reserved. See Exhibit E. Minnegasco staff questioned the status of easements for the portion of the alley north of Lots 1 and 2 vacated in 1982 . The City Council's action to vacate this portion of the alley included the reserving of utility easement rights. Staff has sent a copy of the 1982 vacation resolution to Minnegasco for their information. Shakopee Public Utilities (SPUC) has commented that there are underground electric lines in the alley. Therefore, SPUC requests that an easement rights be reserved. There are no water lines, telephone lines, storm sewer, or sanitary sewer lines located beneath the alley. If the alley is vacated, staff recommends that the City retain a drainage and utility easement within the entire 16 foot area currently occupied by the alley. Two adjacent property owners use the alley for access. An apartment building located on Lot 3 uses the alley for garage access. Scott County Abstract and Title, located on portions of Lots 1 and 2 , has a detached garage to the east of the principal structure that requires access across a portion of the alley. Each of these properties would require access easements across the city parking lot if the alley were to be vacated. The Planning Commission believes that the vacation of this alley will not conflict with the goals established in the Comprehensive Plan subject to the preserving of utility easement rights under the existing alley and providing access to the two garages. Based on this determination the Planning Commission is recommending that the alley be vacated with conditions. In their discussion, the Planning Commission requested that staff research the potential of leasing the public alley to the adjacent property owner rather than vacating it. A leasing alternative could be possible but staff would note that the City Council in earlier discussions on this item has considered leasing the alley but would prefer to vacate it for liability reasons. 2 ALTERNATIVES: 1. Approve the vacation of the portion of the alley north of Lots 3 , 4 , and 5, Block 30, Shakopee Plat, while reserving a 16 foot wide utility easement, and dedicating an access easement across the existing City parking lot in order to provide access to the two garages located on Lots 2 and 3 . 2 . Deny the vacation of the portion of the alley north of Lots 3 , 4 , and 5, Block 30, Shakopee Plat. 3 . Table the decision pending additional input from staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3941, A Resolution Vacating that portion of the alley lying north of Lots 3 , 4 , and 5, Block 30, Shakopee Plat, and move its approval. 3 RESOLUTION NO. 3941 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA VACATING THAT PORTION OF THE ALLEY LYING NORTH OF LOTS 3, 4, AND 5, BLOCK 30, SHAKOPEE PLAT. WHEREAS, a 16 foot wide alley has been dedicated in Block 30, Shakopee Plat; and WHEREAS, it has been made to appear to the Shakopee City Council that remaining portion of the aforementioned alley serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7 : 00 P.M. on the 18th day of January, 1994 ; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U. S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. ) That it finds and determines that the vacation hereinafter described is in the public interest; 2 . ) That the remaining portion of this alley serves no further public need; 3 . ) That all that part of the remaining alley lying within Block 30, Shakopee Plat, Scott County, Minnesota, be, and the same hereby is vacated; 4 . ) That the City reserves, however, to the City of Shakopee its licensees and franchise holders a perpetual easement on, under, and over the said vacated alley for utilities with the right to install, maintain, repair, lay, and relay the utilities by the City, its licensees and franchise holders; and 4 5. ) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County; and 6 . ) The City shall dedicate an access easement across the existing City parking lot in order to provide access to the two garages located on Lots 2 and 3 . Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1994 . Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 5 EXHIBIT A .. _ -- - • t - f �.`\\ Y s t'' • r i� f` Z ;r :. a "-�-- '''' .. Block 30 , ''-' _ ; 1 .: _„-----r•-• �`. Z • :'"s \ .;ji: :•1te— rrn • i• � S.; := • _ _ •,-, - U _ i. f. ' -1• I. O. ,i_--1-2.t .....1._;...,1,1. -r--; • •A 1.—:–ice ---,-,----.1. ,-----,, .''1; '; , � ' 1 'k i ''l l a rk+% " ';- , .. ..., ,, ,,...1 _ . 1 1 f� Y j d -- 1•;'" -- t'�T:1 1 '}1 ' ,,^.`1 1, 1 - Uy'1 o'-r •. .1,}'<�31 t1 r; t• : i �.�•J f•} a '.1 1-} �1�'• {� t Asx'=.a -�' 6� �1 e.„, r"--71-1.1 c--;•-'4'\%-::-*1; i , ; ; ,.......7nt ...C ..\.7-1. • • ::'.1,7.. ''.61. s'-''''''' ' ' . . . it � hi �'_' ' tl i 'A G AGRICULTURE . _ _ria CO RURALRESIDENTIAL G 1 is c• `T R 1 R2 URBAN RESIDENTIAL =,-� ` ` 1 43 -i-._4-4,..-0." . 1 ,^.1 V C� ! t MID—DENSITY RES. '—, tr �J, 1 1 ' , v �' ; r '•fit __ _.\ 1• _1-- �, i+'I';.� --1 11 :i • * t°---ice 1 R4 MULTI FAMILY RES. __ 1 _ •-{ - B1 HIGHWAY BUSINESS `mow , jTT r -Tr..Eilti,i' B2 CO . ?ESS = -- • " � - t:: ..�B3 CENTRAL BUSIN �_i_._-_, t.. --, =.t = F= _ � .. 11 LIGHT INDUSTRIAL rr.:'J 1..-=---' =4.-- L------_:1 L___._.- ?- ,_ - •- . - _ — 1 12 HEAVY INDUSTRIALr- ,- FT _ .-•I -; __, -- - •--, ; - r- � i. S SHORELAND ; ,.::::_:j I FLOODPLAIN DISTRICT. j : ..-'i '__ • •t MANDATORY PUD i• , - - -- - RTD RACETRACK DISTRICT _ . " "°� ,, Zoning Map City of SHAKOPEE EXHIBIT B Block 30 Shakopee Plat -_..t.5 S\M Z 0 1 7- 0 0 4a ......::::::.: i-- 14-fAlre - j \ `\: , > I,. 01\ 1 . --",-k ,j \ k _ ' i -------- - -1S Saw' OE-, C O (I) J O v EXHIBIT C SIAKOPC U c. ,\PS G ------------Ri,,J r____ ____ I , ., i i TiBlock 30 - I ig ,,,0530. ..11001 N MJN� D0. £S VASfR AV`s. QTA c_FoslAVt- Ltv= ` �: o AS OSe�� r q�� Z �l r N ^ — ��rS� c / 11/11111 _1I--- ' to e�.Al/ 0111111114 <t,i !Y __ _____/ F `�� 1/��, N�0� wi'ae: ll ` g _" A H V c� V c.e� L. .,,_, ilA©o ee eon a� ace bee a� N _p---1 p= W �eeeie, r--1 SH eg� E. ti .y 6 � � east..�, axgpoki .� � ''c tN Pte` `a �� " cz 4_ 7id ' � � 7 N W W N . 1 N H J W \\ 1 `- C L, a a l , (701 ... , Ili Se ` _. z ,i < a ,, L„, v ryH..1 I � � I_ 1 1 l l AVE „, , 7„„n-c,-----7. Ny `_ _� ------ l Z 1 I H A a ¢ ? :- <,4 < D 1 cLj L- v, ,_ y` { 14NNES9TA Jow GT• 5, T. W T10HS AVL I 6 F u I y ,NESO At GC�I.D. , PRADTIE L •s 1 W y/ N W ` W O = G N CHDOCS A C �I'- a ag ^1 L ` J L2 j u u , LANE CT. AVE S -> a r--- --- - ' '---- n - H Z 7 Q.:1 1 a Z i PONDVIEV �J� 4Jq� ea u Q i--- R a�■� -ITRIVEci u HIUT CL2 �r 4a i, _ +— z_ .. 1 ^a p04' -AGE CO I Li . –. � .-.._ z CICS CT. r�vE NQ�TkERN �}ND T. ,i �_ Ii NATURAL , u ST. I U•AND 1 \ ..'. J .._ s EXHIBIT D --- ; CO CO �- s U CO /� c .0 w.00M.MT6 '-- 1 O C) / - 1 3 �. C .r' CL O i 1 CD rn ti s r c� f % ILA - >I c..raw:v. . I • 1-- -' _ :. '° .I_ - _ - - I �- _ .1_ ' — wI_ = I. .� -• _k - — _ _ —_• —E I - ( _ ._ _ - M _ �- -_._ --- �. _ .�, i -,- - It{-n L'llt4f 1... .—.11•44 i — - — .-- — S! i - - - -•r: s �1 ; • • • 3 `---1---- - - iI =1 xI • - -- - -. - in_.4_,.177112 a..-. -' \, ;^ _ • I \..-..„. - \4 _� ^1u Y71 Y.ali II1W n �- r IIJa c p o t __ IIS A EXHIBIT ErnPgascon A Division of Arida,Inc. November 29, 1993 Terrie Sandbeck Assistant Planner City of Shakopee 129 South Holmes Shakopee, MN. 55379 RE: Proposed Alley vacation in Block 30, Town of Shakopee Dear Ms . Sandbeck: With reference to the proposed street vacation mentioned above, Minnegasco does have an existing natural gas main in that portion of the alley proposed to be vacated. Since this gas main is an important part of Minnegasco' s distribution system in this area, we must object to this proposed vacation unless suitable easement rights are reserved to Minnegasco, pursuant to MSA 160 .29 . Please reserve an easement to Minnegasco, created by and within the document establishing the alley vacation and filed with the Scott County Recorders office, over all of the proposed alley to be vacated. Additionally, I ask you create a utility easement for Minnegasco, over the area of the alley vacated in 1982 . This vacation did not appear on our maps, and Minnegasco was not notified of the proposal . Thank you for the advance notice and please send me a copy of the final action on this proposal , as well as the final action on the 1982 vacation. Sincerely, K c. Steven Von Bargen Real Estate Specialist Minnegasco cc: R. J. Pilon, Minnegasco Steve Setterberg, Minnegasco fax #445-6718 700 West Linden Avenue P.O. Box 1165 Minneapolis, MN 55440.1165 9b PLEASE BRING FEASIBILITY REPORT FROM DECEMBER 7, 1993 CITY COUNCIL MEETING MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Vacation Hearing for Pierce Street, from 3rd Avenue to 4th Avenue DATE: January 10, 1994 INTRODUCTION: Attached is Resolution No. 3938, a resolution vacating Pierce Street from 3rd Avenue to 4th Avenue except alley. BACKGROUND: During discussion on the 1994-1998 Capital Improvement Program, the City Council deleted the reconstruction of Pierce Street from 3rd Avenue to 4th Avenue and ordered staff to prepare a feasibility report for vacating this portion of Pierce Street. This report has been completed and was presented to the City Council on December 7, 1993. At the December 7, 1993 meeting, the City Council adopted Resolution No. 3910 which initiated the vacation process and set a vacation hearing for January 4, 1994. The hearing date was later changed to January 18, 1994 to allow staff time to publish legal notice as required by law. The feasibility report recommends vacating Pierce Street and constructing an alley from 3rd Avenue to the existing alley to provide access to adjacent property owners (Option No. 4 in the feasibility report). Staff will give a short presentation on all options outlined in the feasibility report at the City Council meeting. On November 29, 1993 staff held an informal neighborhood meeting to solicit comments from residents in the area. This meeting was attended by representatives of Admiral Waste which is located on the southwest corner of Pierce Street and 3rd Avenue. After reviewing all five options, Option No. 4 was preferred by the Admiral Waste representatives. Staff has presented the vacation of Pierce Street to the Planning Commission as required. The Planning Commission found that the vacation of Pierce Street from 3rd Avenue to 4th Avenue was in compliance with the Comprehensive Plan, and passed a motion recommending that the City Council vacate this right-of-way with the following recommendations: 1. That utility easements be retained within the vacated right-of-way. 2. That no right-of-way west of the centerline of Pierce Street (and north of the alley) be vacated until the property owner brings their site into compliance with current building permits and conditional use permits. The specific property in question is owned by Admiral Waste. Staff is currently withholding the Certificate of Occupancy deposit for this property pending compliance with required permits and feels additional restrictions are unnecessary. ALTERNATIVES: 1. Adopt Resolution No. 3938, a resolution vacating the right-of-way on Pierce Street from 3rd Avenue to 4th Avenue except alley as outlined in Option No. 4 of the feasibility report. 2. Deny Resolution No. 3938. 3. Table the decision to obtain additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1, to vacate Pierce Street and construct an alley as outlined in Option No. 4 of the feasibility report. ACTION REQUESTED: Offer Resolution No. 3938, A Resolution Vacating Pierce Street, from 3rd Avenue to 4th Avenue Except Alley, Original Plat of Shakopee, Scott County, Minnesota and move its adoption. DMN/pmp MEM3938 RESOLUTION NO. 3938 A Resolution Vacating Pierce Street From 3rd Avenue To 4th Avenue Except Alley Original Plat Of Shakopee, Scott County, Minnesota WHEREAS, it has been made to appear to the Shakopee City Council that Pierce Street, from 3rd Avenue to 4th Avenue serves little public use or interest; and WHEREAS, a public hearing has been held regarding the vacation of Pierce Street and two weeks published and posted notice thereof was given; and WHEREAS, the Shakopee City Council wishes to retain alley right-of-way within the vacated Pierce Street right-of-way; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:30 P.M. on the 18th of January, 1994; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at Shakopee Public Utilities, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard in the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; 2. That all of, that part of Pierce Street, according to the record plat of Shakopee City, lying northerly of the north right-of-way line of Fourth Street and lying southerly of the westerly extension of the south line of the alley in Block 43, said Shakopee City. Together with the easterly 32.00 feet and the westerly 32.00 feet of that part of Pierce Street, according to the record plat of Shakopee City, lying southerly of Third Street and lying northerly of the westerly extension of the north line of the alley in Block 43, said Shakopee City, Scott County, Minnesota, be, and the same hereby is vacated; • 3. That the City reserve, however, to the City of Shakopee its licensees and franchise holders a perpetual drainage and utility easement on, under. and over the said vacated right-of-way for utilities with the right to install, maintain, repair, lay, and relay the utilities by the City, its licensees and franchise holders; and 4. After the adoption of the resolution the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota. held this day of , 1994. Ma}or of the City of Shakopee ATTEST: City Clerk City Attorney C PLEASE BRING FEASIBILITY REPORT FROM DECEMBER 7, 1993 CITY COUNCIL MEETING MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff EngineeiP& SUBJECT: Pierce Street Improvement Hearing DATE: January 10, 1994 INTRODUCTION: Attached is Resolution No. 3939, a resolution ordering the preparation of plans and specifications for improvements to Pierce Street from 3rd Avenue to 4th Avenue, Project No. 1994-5. BACKGROUND: On December 7, 1993 the City Council of Shakopee ordered the preparation of a feasibility report for vacating Pierce Street from 3rd Avenue to 4th Avenue. The public hearing on the vacation of the right-of-way is scheduled for January 18, 1994. If the vacation is approved, a separate hearing is required to consider any improvements for which assessments will be levied. The feasibility report recommends constructing an alley west from the existing alley in Block 43 and then another alley going north to 3rd Avenue. Please refer to Option No. 4 in the feasibility report. Staff will give a presentation on all options during the public hearing to consider the vacation of this street. Since this project was not petitioned for, a 4/5 vote will be necessary to order the improvement. ALTERNATIVES: 1. Adopt Resolution No. 3939. 2. Deny Resolution No. 3939. 3. Table Resolution No. 3939 for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3939 which orders the preparation of plans and specifications for Pierce Street from 3rd Avenue to 4th Avenue. ACTION REQUESTED: Offer Resolution No. 3939, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Pierce Street, from 3rd Avenue to 4th Avenue, Project No. 1994-5 and move its adoption. DMN/pmp MEM3939 RESOLUTION NO. 3939 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For Pierce Street, From 3rd Avenue To 4th Avenue Project No. 1994-5 WHEREAS,Resolution No. 3909 adopted on December 7, 1993, fixed a date for Council hearing on the proposed improvement of Pierce Street, from 3rd Avenue to 4th Avenue by street reconstruction; 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 18th day of January, 1994. 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: Paved alley construction in the vacated Pierce Street right-of-way between 3rd Avenue and 4th Avenue. 2. David E. Hutton, Public Works Director is hereby designated as the engineer for this improvement, and shall prepare plans and specifications for the making of such improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Registered Land Survey for Mr. Don McKush DATE: January 11, 1994 INTRODUCTION: The City has received a request for approval of a Registered Land Survey (RLS) from Mr. Don McKush for a 27 acre parcel of land located within Section 29 in the southern portion of the City. CONSIDERATIONS: 1. Section 12 . 09 , Subd. 1, regarding "Registered Land Surveys" states that the subdivision procedures be followed. Therefore, the Planning Commission has reviewed the proposed RLS and forwarded their recommendation of approval to the City Council. 2 . Subd. 3 of Section 12 . 01 regarding the platting of land, states that, "Division of land for residential uses into tracts 20 acres or larger in area and at least 500 feet in width shall be exempt from the requirements of this Chapter" . A Registered Land Survey is not the same as a plat, and the reconfiguration of a parcel into the tract does not automatically make the property buildable. However, if the property owner wants to reduce this 27 acre tract of land into parcels under 20 acres in size, the land must be platted in order for the parcels to become buildable. 3 . Tract A does not abut a public street. Because a Registered Land Survey is not the same as a plat, and does not make the tract buildable, it is not necessary for this tract to abut a public street at this time. If the tract is platted, road right-of-ways to service the must be dedicated as a part of the platting process prior to issuance of Building Permits. 4 . Since this proposed RLS is exempt from the subdivision requirements due to its large lot size, no public hearing is required for action. However, with its approval, the City will not recognize either a Minor Subdivision for the site, nor any land dedication for public purpose. These are not an issue with this particular RLS. 5. A DNR wetland, 70-80P, a 95 acre type III wetland lies partially within the subject parcel. The DNR does not allow grading, draining or filling in the wetland areas. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that the City Council approve the Registered Land Survey submitted by Mr. Don McKush, subject to the following condition: 1. The signature blocks on sheet 1 should include a space for the Planning Commission Chairman, the City Clerk, the City Attorney and the Mayor. A signature block for the City Manager is not required and should be deleted. ACTION REQUESTED: Offer Resolution No. 3940, a Resolution of the City of Shakopee Approving the Registered Land Survey for Mr. Donald H. McKush, and move its adoption. RESOLUTION NO. 3940 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A REGISTERED LAND SURVEY (RLS) FOR MR. DONALD H. MCKUSH. WHEREAS, the Planning Commission of the City of Shakopee did review the Registered Land Survey submitted by Mr. Donald H. McKush on January 6, 1994, and has recommended its approval. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Registered Land Survey described as: The east 28 . 00 acres of the South half of the Southeast Quarter of Section 29, Township 115, Range 22 , Scott County, Minnesota. Excepting therefrom the north 208 .71 feet of the west 208 .71 feet thereof. is hereby approved, subject to the following condition: 1. The signature blocks on sheet 1 should include a space for the Planning Commission Chairman, the City Clerk, the City Attorney and the Mayor. A signature block for the City Manager is not required and should be deleted. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney -............ i; 1 , ' AG AGRICULTURE I v I i I --- 1 , R1 RURAL RESIDENTIAL I R2 URBAN RESIDENTIAL R3 MID-DENSITY RES. ......... I\ R4 1 I l' i R4 MULTI FAMILY RES. .-I I I I . I . I B 1 HIGHWAY BUSINESS , • - I B2 COMMUNITY BUSINESS LI. 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'''''••• ' •• ...... . .", • .4' . •-•,,..„, •,," • • • \ l • ?-• ' :,; ,• , .7,. ,.., -• • N ; .: • .., -......_N , c, !, _. • •i , „...- -. ._ .:- ..•-•'-; C1ZN : : •. . - , .. • i ,-/-•"' • 454 • . . " ' ' • - ,., . . , .h . • OFrs. fr.- c, I 1 Ai v 0 r) r",- r_ i o n i-, r\ r L t,.... S //2 SEC. 29 T //5 R. 22 -- - / I I •l_ a . [ . . I , s• /\ vtt w t — �— 'of Ea I I /' I -_ / ' i ,ice\j\� I V • 1. ,. i. srr -1,...„.-s ._r ►�♦��_� 1 ...._.-__ i . 0 • i . *4 1 ...:..............--77.-r r.---"`"7.7='r---..J .7.7 1 : • .. III. / / . \� uzc• cs:.:\ • •„Oy IRD 111 % HOWARD LIRL` irrif _ _ .- 11�^ 1 ----_ t°- . N 32-115-2 CITY Lf IT) REGISTERL D LAND SURVEY NO . SCOTT COUNTY, MINNESOTA I hereby certify that in accordance with the pro'visionp.•of:Chapter 508, Minnesota Statutes of 1949 as amended, I have surveyed the following described property situated in the County of Scott, State of Minnesota to wit: The eon:. 28.00 aoren of the Seth half the Souther, uarter c .:etion 29, Town -Aip 115, R:e:,•c 22, Scott County, Minnesota. Exceptin,., .herefrom °.ao north .71 feet of west 2C feet thereof. • That this survey shown hereon is a aorroot delineation of said survey; Datod thio day of , 199_ Ronald A. Swanson, Land Surveyor Minnesota License No. 1018 This Registered Land Survey was approved and acoepted by the City Council of the City of Shakopee, Minnesota, at a regular meeting thereof held this day of , 199 • Dy: its Mayor By: its Manager SCOTT COUNTY AUDITOR: I hereby certify that those are no delinquent taxes'for all the years prior to 19 for the lan described by this Registered Land Survey on this day of ,'1 99 • Soott County Auditor • • - by: Deputy SCOTT COUNTY TREASURER: All current 19 taxes are paid in full as of this day of , 199 Scott County Treasurer By: Deputy REGISTRAR OF TITLES: I hereby certify that this instrument was tiled in the office of the Registrar of Titles for record on this day of , 19 at o'clook, .M.,••and duly recorded as Document No. • File Volume Page Certificate Scott County Registrar .'' Title By: Deputy SCOTT COUNTY SURVEYOR: Pursuant to Chapter 7, Minnesota Laws Of- •1976; this • Registered Land Survey has been approved this day of , 1:99 Scott County Surveyor By: Valley surveying .o., PA. SHEET / OF 2 SKr- _ • REGISTERED L.i.: D SURVEY NO. . . • SCOTT COUNTY, MINNESOTA , • • North line of the Sl/2 of the SE1/4 of 29415-22 ':.� N89.59'09"E ;)I ---718.63-•- 208.71 - -V3Int x�, Ilk F. I _ 00 N G�'e� O ^w C • N • YN I e , ' 208.71 _ , Z e h 'NI w.' I SOUTH LINE OF THE NORTH 200.71 FT. 1 • M :. a in IO 0 70 u N I () / 7 V1 01 O *, 1 L, M� bN3 ` 1 P. 7�F. W •a0 — ,No • W o 0 o.- , w • ✓ 0 . c75tIZ 1 04 • V� q i.'-5- V I'�o 1`-3 - . j . Fr: �r1i .._ � • • 'SE C OF S89.5� W 29-Ire-22 South line of the SEI/4 of 29-115-22 FO.SCOTT CO. MON. 0 ' SCALE 1. FEET I INCH c 200 FEET THE EAST LINE OF THE SEI/4 OF 29-115-22 HAS.BEEN . DESIGNATED A BEARING OF • 300°17'04"E 0 DENOTES IRON MONUMENT FOUND. 0 DENOTES 1/2 INCH X 14 INCH ' IRON MONUMENT TO BE SET AND MARKED BY LICENSE NO. 10103 BY MAY 1, 1994 • Valley Surveying Co., PA: SHEET 2 OF 2 SHE irb MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg Ekola, City Planner, and Terrie Sandbeck, Assistant City Planner RE: Proposed Planned Unit Development: Preliminary and Final Development Plans for Eagle Creek Bluff DATE: January 14 , 1994 INTRODUCTION: Mr. Clarence VanZee, President of VanZee Homes, Inc. of Prior Lake, has submitted Applications for approval of both the Preliminary Development Plan and the Final Development Plan for the proposed Planned Unit Development (PUD) for Eagle Creek Bluff. At their January 13 , 1994, meeting, the Planning Commission recommended approval of the Preliminary and Final Development Plans to the City Council. BACKGROUND: The proposed development covers 66 . 90 acres of land and is located east of CR 18 , and south of Boiling Springs Lane. The majority of the subject site is zoned Rural Residential (R-1) . However, the east central portion of the site is zoned Shoreland (S) . (See Exhibit A. ) Attached to this staff report is the following information and correspondence relating to this proposed development: Exhibit A Zoning Map Exhibit B Letter from Dan Callahan/Trout Unlimited Exhibit C Letter from Karen and Wayne Miller Exhibit D Petition from Residents of Boiling Springs Lane Exhibit E Preliminary Plat for Section 18, Savage Exhibit F Proposed Eagle Creek Bluff PUD During the public hearings regarding this request, the Planning Commission heard from a number of the residents of the existing Boiling Springs Lane who spoke against opening up the southern portion of their temporary cul-de-sac to allow for the continuation of the Boiling Springs Lane to the south. At the January 13 , 1994 , meeting, the Planning Commission offered a motion recommending to the City Council that the proposed north-south street within this development not be connected with the existing Boiling Springs Lane. This motion failed with a vote of 3 to 3 . The City Council may want to discuss this issue at the January 18th meeting. The purpose of the Planned Unit Development (PUD) section of the Zoning Ordinance is to encourage innovation, variety and creativity in the site planning process. A developer may obtain greater development flexibility through variances negotiated in the PUD 1 review process provided that amenities beneficial to the public are created with the proposal. Greater protection of important natural features, preserving open space, and providing a quality environment are often the means in which a developer can negotiate flexibility from the standard zoning ordinance regulations. Zoning district standards may be negotiated and variances from district requirements granted by the City as part of the PUD process. The following restrictions shall apply to the granting of variances by PUD: A. Fire and Safety. No variances shall be negotiated which in any way violate the fire and safety codes of the City. B. Exterior Streets and Yards. No reduction in yard requirements shall be permitted adjacent to exterior property lines or exterior public streets. C. Interior Streets. No building shall be located less than fifteen (15) feet from the back of the curb lines along interior streets that are to be maintained by the City. D. Off-Street Parking. No variances shall be negotiated from off-street parking except as specifically provided for in Section 11. 05, Subd. 3 . E. Open Spaces. No variances shall be negotiated which will result in less open space than is required by the zoning district. This includes yard requirements. Residential PUD' shall provide at least twenty (20) percent of the project area as open space. The applicant has requested several variances with this proposed PUD. The Planning Commission has provided a recommendation to the City Council on each variance request as a part of their overall recommendation on the PUD. The approval of the Preliminary Development Plan will provide the applicant a conceptual or general layout approval of lots, streets, and open space areas. This approval will also permit the specific variances from the Zoning Ordinance and Subdivision Regulations so that the applicant can apply for subdivision plat approvals, building permits, and other required City approvals. CONSIDERATIONS: 1. The developer is proposing 32 single family residential lots on 66. 67 acres. The applicant originally proposed the 32 lots upon 65. 9 acres, but has recently signed a purchase agreement for the acquisition of additional land that is needed to permit the proposed 32 unit density. The average lot size is 2 proposed to be 61, 787 square feet in size (1.42 acres) , with the smallest lot proposed for 46, 740 square feet (1. 07 acres) . The developer is proposing 3 . 09 acres of open space within three outlots; and proposing 11. 50 acres of parkland. 2 . The draft 1990 Comprehensive Plan has designated this area for Rural Residential development. This land use category allows detached housing without City sewer and water services on parcels at least 2 . 5 acres in size. 3 . In order to develop the site as proposed, the applicant will need to receive approval of the following variances from the Zoning Ordinance or the Subdivision Regulations: A. Section 11. 35, Shoreland Zoning District, Subd. 6, regarding a minimum lot width of 200 feet. The applicant is proposing to construct lots as small as 45 feet in width when measured at the front setback line. B. Section 11. 35, Shoreland Zoning District, Subd. 7 .B. , to allow an impervious roadway surface less than fifty feet from the O.H.W. for the proposed Eagle Creek Bluff Drive. C. Section 11. 25, Rural Residential Zoning District, Subd. 5, regarding a minimum lot size of 2 . 5 acres. The applicant is proposing a minimum lot size of 1. 07 acre within the R-1 Zoning District. 4 . In reviewing the PUD, the City Council should consider the amenities being created, such as the open space areas, and whether they are beneficial to the public or not. The protecting of natural features, preserving open spaces and providing a quality environment are the means to be used by a developer in negotiating with the City, approval of the variances and the PUD. 5. The applicants have submitted a landscape plan which illustrates the proposed landscaping concepts for the PUD. The applicants are proposing to preserve much of the existing vegetation in both the proposed open space areas and in many of the private lots, and are proposing to construct a 4 foot wide wood chip walking path through the proposed parkland. A five foot wide bituminous path is proposed to be constructed along the north side of Eagle Creek Bluff Avenue. An entry monument and landscaping is being proposed to be located at the southeast corner of the intersection of Eagle Creek Drive and CR 18 . The design of the monument has not yet been determined. A phasing plan is also required in the PUD review process. The applicants have submitted a Phasing Plan (See Drawing No. 3 5) for the proposed development. The majority of the site would be completed within the 1st phase. Outlot E and Lots 14 , 15, and 16, Block 3 , in the southeastern portion of the plat, would be platted with the 2nd phase. The time frames for the public and private improvements have not been identified on this plan. 6. Section 11. 40 Planned Unit Development (PUD) , Subd. 3 , states that within both the R-1 and Shoreland districts, 20% of the PUD must be usable, open space, and this space cannot include land devoted to streets, alleys, parking, and private yards. The required open space for this PUD is 13 . 38 acres (66. 67 x 20% = 13 . 34 acres) . A total of 3 . 09 acres of open space is being proposed, and a total of 11. 50 acres of parkland is being proposed. A cover letter has been submitted by the applicant and has been attached as Exhibit B. The proposed open space and parkland combination has been addressed in the cover letter. As proposed, the PUD does not provide the required open space. (It should be noted that dedicated parkland is not considered open space with respect to the PUD Ordinance. ) A condition has been recommended which would require the developer to resubmit a Preliminary Development Plan which illustrates the required open spaces. The areas labeled as "park" must be relabeled as "open space" . 7 . Section 11.40, Subd. 2 requires that a minimum of 70% of the lots be adjacent to open space, and lots not adjacent to open space must be a minimum of one acre in size. The developer is proposing that 26 of the lots be adjacent to either open space or parkland (81%) . 8 . Section 11. 40, Planned Unit Development (PUD) , Subd. 4 .E, states that where private open space for recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, a credit of up to forty (40) percent of the requirements of the Park Dedication Requirements may be given, provided that the following conditions are met: A. That such land area is not occupied by non-recreational buildings and is available for the use of all the residents of the proposed subdivision; B. That required setbacks shall not be included in the computation of such private open space; C. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of 4 the property within the tract and which cannot be defeated or eliminated without the consent of the Council; D. That the proposed private open space is of a size, shape, location, topography and usability for park and recreational purposes or contains unique natural features that are important to be preserved; E. That the proposed private open space reduces the demand for public recreational facilities to service the development. The applicant has suggested a reduction of the park dedication requirement by combining parkland with open space. This proposal does not meet the PUD Ordinance in that 20% open space must be provided for all PUDs. In reviewing a park dedication credit request, the City Council should consider the five criteria (listed above) . Staff is of the opinion that a credit for the suggested parkland / open space combination should not be granted since the proposed open space is passive in design and will not significantly reduce the demand for public recreational facilities. 9 . Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Staff will calculate the park dedication fee during the review of the Preliminary Plat. The dedication of land for park purposes is made at the time of the platting of the land, and cash payments are due prior to the final approval of the plat by the City Council. The developer may submit a request to defer the Park Dedication Payments to the time of the issuance of building permits. With the approval of such a request, the City Council would enter into a contractual agreement to allow the park dedication payments to be deferred. This contract will designate the amount to be paid in lieu of park dedication, and is filed with the Scott County Recorder as a lien against the property. 10. Staff is concerned about the proposed street design in Section 18, east of the Eagle Creek Bluff PUD. The traffic analysis prepared for the City of Savage recommended that either a collector street be designed for east-west circulation, or additional access points be provided for future development in Section 18 . The applicant has redesigned the portion of Eagle Creek Bluff Avenue in the City of Shakopee as a collector street (80 feet of right-of-way, 45 mile per hour design 5 speed, removal of all but one lot fronting the collector street, etc. ) As a collector street designed to City of Shakopee standards, Eagle Creek Bluff Avenue should be able to support a traffic volume of up to 5, 000 ADT (average daily traffic) . The Savage Planning Commission recently recommended approval of the Preliminary Plat for the 108 acre parcel adjacent to the Eagle Creek Bluff PUD. This proposed plat includes a 60 foot wide right-of-way for the Eagle Creek Bluff Avenue street extended. The plat also proposes 14 lots fronting onto this street. (See Exhibit A. ) Staff recognizes that the City of Savage has two collector street classifications which include major and minor collector streets. The Transportation Plan for the City of Savage includes the following discussion: "A system of major and minor collectors is suggested that would serve to connect individual neighborhoods to the minor arterial system. In general, the principal and minor arterials form a grid system within the City. Each neighborhood thus defined is served by at least one major collector and in the larger areas are supplemented by one or more minor collectors. The designation of collector streets is intended to focus traffic entering or leaving the neighborhoods onto particular access points on the arterial system, and thereby promoting greater efficiency on the higher capacity roadways. " Based upon the traffic consultant's recommendation, and the Savage Transportation Plan concepts, staff would suggest that further efforts to improve the street system in eastern Shakopee and western Savage be addressed by the two cities. Staff believes that additional access points between the two cities would be beneficial to the overall efficiency of the transportation network and prevent isolation of residential areas. In addition to the traffic issues, stormwater issues between the two cities also need to be addressed. 11. Section 11. 40, Planned Unit Development (PUD) , Subd. 2 .0 states that PUD sites must be served by City water and sewer services except in the R-1 and Shoreland zones. Within these zones, private sewer and water services may be allowed if the maximum deviation of land density does not exceed 20%. As originally proposed, the maximum number of units that the applicant could construct would have been limited to 31 in order to meet the 20% maximum deviation of land density requirement. However, the applicant has recently signed a purchase agreement to acquire an additional acre of land to justify the 32 units, and are requesting approval of the 32 lots contingent upon the successful acquisition of the 6 additional land (66 . 67 Ac. / 2 . 5 Ac. = 26. 67 lots x 120% = 32 . 01 lots) . A condition requiring that the number of lots be limited to 31 single family lots, (unless the additional acre of land is acquired) has been included in the Planning Commission recommendation. 12 . The exception parcel currently has access via a private easement along the north edge of Lots 3 , 4 , and 11, Block 1, and Outlot A, which is being proposed as open space. Following the construction of Boiling Springs Lane, and its acceptance by the City, the majority of the existing private easement will no longer be needed and should be removed (between CR 17 and Boiling Springs Lane) . Eagle Creek Bluff Avenue, Boiling Springs Lane, and the remaining private easement within Lot 1, Block 2 would provide access to the exception parcel. A recommendation has been included affecting this consideration. 13 . The developer provided the preliminary locations for private wells for each lot on the Preliminary Grading and Utility Plan. He has also shown the proposed location for a watermain in case water service could be provided from the City of Savage in the future. However, Shakopee Public Utilities (SPUC) have stated that a SPUC water system is currently being planned for the area of this proposed development, and are recommending that a common water distribution system be constructed to SPDC standards instead of private wells, as proposed by the developer. SPUC also commented that electric power is available to the site, subject to their standard terms and conditions. 14 . Section 11. 40, Planned Unit Development (PUD) , Subd. 2 , states that PUD lots must be a minimum of 1/2 acre in size and have two septic sites identified. Two septic system sites have been identified on the Preliminary Grading and Utility Plan. 15. The developer has submitted a Wetlands Delineation Plan which has been reviewed by City staff. City staff anticipates issuing a Certificate of Exemption to the applicant. Approval of the PUD should be contingent upon meeting the requirements of the Wetlands Conservation Act of 1991. 16. The crossing of Eagle Creek by Eagle Creek Bluff Drive will require approval from the Minnesota Department of Natural Resources (DNR) because this work will be performed on wetlands that are under the jurisdiction of the Army Corps of Engineers. The applicant must submit a Permit Application to Work in Protected Waters or Wetlands to the DNR. 17 . The location of septic systems within the Shoreland district have been identified on the Preliminary Grading and Utility Plan. The Shoreline Zoning District requires a 150' setback 7 between septic systems and the Ordinary High Water Mark for Natural Development Waters. The applicant should work with the DNR staff and City staff to identify the appropriate setbacks in the field. 18 . The applicant is proposing a shared driveway for Lots 7 and 8, Block 3 . Additional information regarding the reason for this request, and the location of proposed access easements will be needed for the review of this proposal. A condition has been recommended which would require that a Maintenance Agreement be executed identifying the responsible party for maintaining the shared driveway areas. 19 . The Engineering Department has provided the following comments: A. The developer must submit a Stormwater Management Plan. Since Eagle Creek is located within the plat, the protection of this stream must be ensured. B. The developer must receive an approved County Entrance Permit from the Scott County Highway Department for the proposed access off of the existing CR 18 . 20. The Building Official has commented that the individual lots must comply with the current Individual Sewage Treatment System Ordinance. The applicant should contact the Building Official for additional information regarding this requirement. The applicant has submitted a Soils Report with an analysis by a soils engineer as to the acceptability of these soils to withstand septic systems. This information has been reviewed by the Building Official. 21. The developer will be required to dedicate drainage and utility easements for each of the lots. Ten foot wide easements will be required along the sides of the lots that are located along the perimeter of the plat, and the sides of the lot which abut a street. Five foot wide utility easements will be required along all other lot lines. 22 . There are no special assessments against this property. ALTERNATIVES: 1. Approve the Preliminary and Final Development Plans for the proposed Eagle Creek Bluff Planned Unit Development, subject to conditions. 2 . Do not approve the Preliminary and Final Development Plans for the proposed Eagle Creek Bluff Planned Unit Development. 8 3 . Modify the conditions recommended by the Planning Commission, and then approve the Preliminary and Final Development Plans for the proposed Eagle Creek Bluff Planned Unit Development. 4 . Table the decision to allow time to obtain additional information from staff or the applicant. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the Preliminary and Final Development Plans (Alternative No. 1) for the Eagle Creek Bluff Planned Unit Development, subject to the following conditions: 1. The following variances are approved: A. A variance to Section 11. 25, Subd. 5, is approved to reduce the minimum lot size requirement from 2 . 5 acres to 1. 07 acres within the R-1 Zoning District. B. A variance to Section 11. 35, Subd. 6 is approved to reduce the minimum lot width from 200 feet to 150 feet for all lots, except Lots 7 and 8 are approved to reduce the minimum lot width to 40 feet when measured at the front setback line. C. A variance to Section 11. 35, Subd. 7 .B is approved to allow the impervious roadway surface of the proposed Eagle Creek Bluff Drive to be located less than fifty feet from the ordinary high water mark for Eagle Creek. 2 . The following design changes will be required: Streets A. All streets shall be dedicated with the final plat for the first phase. B. No direct access to the lots along Eagle Creek Bluff Avenue will be permitted, except for Lot 5, Block 2 . Land Use C. The number of single family residential lots is limited to a maximum of 31, unless one additional acre of land is purchased by the applicant and included in the plat. This one acre acquisition would allow 32 lots to be developed. D. The location of septic systems within the Shoreland district shall be at least 150' from the ordinary high water mark for Eagle Creek. 9 E. The developer shall provide at least 20% of the PUD site for open space (13 . 38 acres of open space is required) . This land must be usable open space and cannot include land devoted to streets, alleys, parking, and private yards. F. The applicant shall submit a revised Preliminary Development Plan labeling the open space areas as "open space" and not as "park" . G. The vegetation adjacent to Eagle Creek is to be preserved or enhanced in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark. A permanent survey monument pin and visible concrete marker (flush to grade) must be provided on each side of each lot of the 200 foot setback line from the ordinary high water mark. 3 . The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Platting and the construction improvements shall occur in accordance with the phasing plan approved with the PUD. C. Approval of the Planned Unit Development is contingent upon approval of a Permit to Work in Protected Waters by the Minnesota Department of Natural Resources for the crossing of Eagle Creek by Eagle Creek Bluff Avenue. The Department of Natural Resources (DNR) must also approve any work affecting the DNR regulated wetlands nos. 2 , 3 , and 4 . D. Approval of the Preliminary and Final Development Plans is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. E. The annual septic system inspection process, financial guarantees, and reporting system must be established and in operation prior to the release of the first building permit. F. The developer shall provide the city with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. G. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: 10 1. The Preliminary Grading and Drainage Plan; 2 . The Erosion Control Plan; 3 . The Stormwater Management Plan, including the stormwater calculations; and 4 . The Final Construction Plans for all public improvements. H. The homeowners association will be responsible for maintenance of the common facilities, including the open space, the common water system, and the shared driveway for Lots 7 and 8 , Block 3 . The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. I . Following the construction of Boiling Springs Lane within the 1st Addition, and prior to the release of the Developer's Agreement and the Letter of Credit by the City, the private easement along the north side of Lots 3 , 4 , and 11, of Block 1, and Outlot A (open space) must be vacated and the existing driveway connection to CR 17 removed. ACTION REQUESTED: Offer Resolution No. 3943 , A Resolution Approving the Preliminary and Final Development Plans for the Eagle Creek Bluff Planned Unit Development, and move its adoption. 118) 11 RESOLUTION NO. 3943 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE EAGLE CREEK BLUFF PLANNED UNIT DEVELOPMENT. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary and Final Development Plans for the Planned Unit Development of Eagle Creek Bluff on January 13, 1994, and have recommended their approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Development Plan for the Planned Unit Development of Eagle Creek Bluff described on Attachment A attached hereto and incorporated herein, is hereby approved subject to the following conditions: 1. The following variances are approved: A. A variance to Section 11.25, Subd. 5, is approved to reduce the minimum lot size requirement from 2.5 acres to 1.07 acres within the R-1 Zoning District. B. A variance to Section 11.35, Subd. 6 is approved to reduce the minimum lot width from 200 feet to 150 feet for all lots, except Lots 7 and 8 are approved to reduce the minimum lot width to 40 feet when measured at the front setback line. C. A variance to Section 11.35, Subd. 7.B is approved to allow the impervious roadway surface of the proposed Eagle Creek Bluff Drive to be located less than fifty feet from the ordinary high water mark for Eagle Creek. 2. The following design changes will be required: Streets A. All streets shall be dedicated with the final plat for the first phase. B. No direct access to the lots along Eagle Creek Bluff Avenue will be permitted, except for Lot 5, Block 2. Land Use C. The number of single family residential lots is limited to a maximum of 31, unless one additional acre of land is purchased by the applicant and included in the plat. This one acre acquisition would allow 32 lots to be developed. D. The location of septic systems within the Shoreland district shall be at least 150' from the ordinary high water mark for Eagle Creek. E. The developer shall provide at least 20% of the PUD site for open space (13.38 acres of open space is required). This land must be usable open space and cannot include land devoted to streets, alleys, parking, and private yards. F. The applicant shall submit a revised Preliminary Development Plan labeling the open space areas as "open space" and not as "park". G. The vegetation adjacent to Eagle Creek is to be preserved or enhanced in a natural state. No vegetation changes may occur within 75 feet of the ordinary high water mark. A permanent survey monument pin and visible concrete marker (flush to grade) must be provided on each side of each lot of the 200 foot setback line from the ordinary high water mark. 3. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. Platting and the construction improvements shall occur in accordance with the phasing plan approved with the PUD. C. Approval of the Planned Unit Development is contingent upon approval of a Permit to Work in Protected Waters by the Minnesota Department of Natural Resources for the crossing of Eagle Creek by Eagle Creek Bluff Avenue. The Department of Natural Resources (DNR) must also approve any work affecting the DNR regulated wetlands nos. 2, 3, and 4. D. Approval of the Preliminary and Final Development Plans is contingent upon receiving a Certificate of Exemption from the Wetlands Act of 1991. E. The annual septic system inspection process, financial guarantees, and reporting system must be established and in operation prior to the release of the first building permit. F. The developer shall provide the city with a copy of covenants including the homeowner's association provisions for the PUD. These covenants must be reviewed and approved by the City Attorney. G. Approval of the Final Development Plan is contingent upon the approval of the following by the City Engineer: 1. The Preliminary Grading and Drainage Plan; 2. The Erosion Control Plan; 3. The Stormwater Management Plan, including the stormwater calculations; and 4. The Final Construction Plans for all public improvements. H. The homeowners association will be responsible for maintenance of the common facilities, including the open space, the common water system, and the shared driveway for Lots 7 and 8, Block 3. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. I. Following the construction of Boiling Springs Lane within the 1st Addition, and prior to the release of the Developer's Agreement and the Letter of Credit by the City, the private easement along the north side of Lots 3, 4, and 11, of Block 1, and Oudot A (open space) must be vacated and the existing driveway connection to CR 17 removed. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Development Agreement for the Final Development Plan for the Planned Unit Development. Passed in session of the City Council of the City of Shakopee, Minnesota, held this _ day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney EXHIBIT A ' . ,, .... [ — .. - •_ . 1 I �. '' is i'�d..yy .—_J — — — -- — �� — — • 1........i. RI i I. __I i �, l' { ` c 'eiii -.i i CC=--`_ 1 1 _` ;`'fir�,�t • C 1 ♦iv.A, i • • i i 1 •s--, I W =NCRiZON - ? 1 t R1vER i w Mann�:� :y� :,i1 .;\ EiG!!TS i I ESTATESq: 'ti �k:`:;;:r; F r \ ..._ IN1 AGSM ` v-'tYF. ::. NA: C --' ..... _ •----__-._.•�-• I I NQF:j ..1.�.r + `\ -'c--.-------- '. .G AGRICULTURE ``,- -e I ...* HORIZ•tt ..-- R 1 RURAL RESIDENTIAL R2 URBAN RESIDENTIAL 3 /, ' R3 MID-DENSITY RES. is�� R4 MULTI FAMILY RES. - } t , • \� B1 HIGHWAY BUSINESS i :B2 COMMUNITY BUSINESS ! j-. B3 CENTRAL BUSINESS 1 1 I1 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL Cr.,=-. 4' S SHORELAND _ t I - OW FLOODPLAIN DISTRICT �_ `--., ' ft .'x-44 MANDATORY PUD 'i 1 ! 11! ' ) ;r RTD- RACETRACK DISTRICT . __ -y.mosigna� . it • '• Zoning Map - ..c: _-.:.:. City' ap - City' of -- SHAKOPEE 7/� EXHIBIT B � y"93 1302 Scheffer Ave . St . Paul , MN 55116 October 26 , 1993 Lindbergh Ekola, Shakopee City Planner 129 Holmes St . Shakopee , MN 55379 Dear Mr . Ekola, My name is Dan Callahan . In this letter , I represent the 800 Twin Cities chapter members of Trout Unlimited , a national non- profit volunteer conservation group, much like Ducks Unlimited . We ' re dedicated to preserving and restoring trout habitat . Our chapter urges you and the City of Shakopee to take the necessary steps to protect Eagle Creek ' s trout habitat as a rare resource for the residents of the metropolitan area. We have been working closely with Savage planner John Heald , consultant Dennis Griswold of Ryan Contracting Inc . , and developer Klaas Van Zee , to protect trout habitat in Van Zee ' s proposed development along the west branch of Eagle Creek . The key element is dedicating the land surrounding the west branch to a park . Savage ' s planning commission and city council have expressed support for the plan , as presented to them by Griswold at meetings earlier this month . We have also endorsed the plan . But I understand there are reservations on Shakopee ' s part . The metro area has lost five of its seven trout waters in the Minnesota River Valley to development over the past decade . In Eagan in 1989 , Kennae I I y ' s Creek was dried up by dewatering during expansion of the Seneca Wastewater Treatment Plant . The city and the Metropolitan Waste Control Commission still are in the middle of a costly restoration effort . The new Cedar Avenue Bridge rerouted and destroyed Stream Number One and Black Dog Creek . A housing development east of River Hills in 1990 resulted in stormwater silting in and destroying Callen ' s Creek . And you ' re probably familiar with the loss of your own trout water , the Shakopee Mill Pond . It became unsuitable habitat for trout when the stormwater outlets were routed there . I once enjoyed fishing there , along with my wife and her family from Shakopee . There are two trout streams left : Assumption Creek , a tiny brook trout stream across the river from Shakopee , and Eagle Creek . Even though I now live in St . Paul , I enjoy taking my young daughters to Eagle Creek just to see it , and tell them of the times I ' ve fished there , and that someday they' ll be old enough to fish for the wild browns who live there , too . You have to go all the way to Stillwater to find a brown trout stream comparable to Eagle . Van Zee , Griswold , and the City of Savage have all proposed taking the few extra steps necessary in planning to protect Eagle Creek : dedicating adequate protective parkland , designing ways to route away stormwater and runoff , and researching the use of " least- impact " construction techniques . Trout Unlimited is optimistic the proposals will keep Eagle Creek from joining the list of streams we ' ve lost in the Minnesota Valley . Like the City of Savage , Shakopee will reap the public relations benefit of having saved a rare public resource , not only for residents of your respective cities , but for the residents of the whole metro area . Your efforts would serve as an example of what a city can do to protect a trout stream. We ' II make that clear in our statewide newsletter , "Minnesota Trout " , which goes to six chapters , and in our writings for Trout Unlimited ' s international magazine , "Trout " , which is sent to more than 70 , 000 members nationwide . We ' re proposing the parkland be incorporated into a nature center or interpretive trail , built around the ecology of a trout stream, and centered at Boiling Springs . It will serve as an educational reminder for school children , and the public , of the importance of protecting what remains of our area ' s unique natural features as the metro area continues to grow. I hope you will reconsider the Van Zee development plans , regarding the parkland , as a necessary step to protect the headwaters of Eagle Creek ; and see the parkland as a regional opportunity to link the park to your open space and the Minnesota Valley Refuge . If you have any questions , I ' d be happy to answer them. My home number is 690-2603 . My work number is 330-2725 . Also, Savage City councilmember Marilyn Remer works for the City of Shakopee . She is familiar with the plans , if you ' d like to ask her about them. Thanks for your attention to this important issue . Sincerely , Dan Callahan Twin Cities Trout Unlimited Eagle Creek Task Force Chairman KAREN & WAYNE MILLER 9075 Boiling Springs Lan( • `-- Shakopee, Minnesota 5537.'• (612) 445-7813 EXHIBIT C January 4 , 1994 Planning Commission City of Shakopee City Hall 129 South Holmes Shakopee, MN 55379 RE: Eagle Creek Bluff PUD Dear Commissioners: Due to the simultaneous scheduling of the Savage and Shakopee Planning Commission meetings we are unable to attend the January 6 , 1994 planning commission meeting concerning the Eagle Creek Bluff PUD. We are submitting this letter, which we request be read as part of the record as our position on the possible opening of the Boiling Springs Lane Cul-de-sac. We remain opposed to any possible opening of Boiling Springs Lane as we see no benefit to be gained by the street becoming a through street into the PUD area. As we understand the current planned configuration of New County Road 18, 16 and existing CR 18, in order for emergency vehicles to enter our development from the south it would mean having to first go north, then south, then east through the PUD and finally back north to the houses. In fact, it would be simpler and faster to simply go north on existing CR 18 and turn onto Boiling Springs Lane. Finally, we request that as part of this hearing, the commission make as part of the record all comments of the residents made at the December 6 , 1993 hearing. Sincerely, /J .r. . 6/ A .1 - Karen & Wayne eller l�,w Pc Atte- /- t-- 'r EXHIBIT D A/5 /:-S a- pe7c-{-7617) -1-D keep ao I I 1 nj .5prir),.56 Lane__ cc deaclehicca-de - ._sa . and. -/---a_k mi on -the_ re6por, /hi/1-ly 0.1 k o ix);r)ar and /iv'r)q on a_ ati-cie -sa roctoC -/-/-)a+ci /:5 1 oricr '-i-har) /006 fee7L ::. an 6{ ---1-1-) of emergenct_l Ve A ides rna j ii, no-l- be able -,,' reaeh .-e/eff5 . 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'!.k e5 t!,W EF `s Y CO €€cy1 f �"F'c F=: 11 ' !TT t:rF�f is 6r'4 E FE s• s,.I i i2, 127. 0 ie 1 ^l ,. € FFF r f E''1 i fl F -s' s" .i€= =y. !!r C t 'e'[-l4 f.^ , t r !."E EG. 'FS.-Rt FnE t ,LE- x r i' i'-t'FttF ? i i { tr ! taE'E s �� Z e. l' a ! E!'_.j ![ c i @ sl: H r^ �F.4 ((� !^Frfsr.at Err r t. It.i IgII rf: .. !'4-1 .irfrL Fttsccv - ss_l�rc._ . cc- 0 F .!FEticx,. ,t. 33 !''# iiii t t 3! Ii t I' C E' ,ilii E ! 1T1 1012 MEMO TO: Lindberg Ekola, City Planner Planning Commission City Councilors FROM: Dave Hutton, Public Works Director SUBJECT: Eagle Creek Bluff Subdivision DATE: January 10, 1994 For the past several months,the Planning Commission has been reviewing the proposed PUD and plat for Eagle Creek Bluff. The developer of this subdivision has proposed to connect up a new street with the existing Boiling Springs Lane cul-de-sac. The property owners on existing Boiling Springs Lane are opposed to this proposal and several Planning Commissioners have suggested creating a double cul-de-sac to prevent the proposed street from connecting up to the existing Boiling Springs Lane. I would like to address this issue and provide the Planning Commission, City Council and residents on Boiling Springs Lane with an analysis on cul-de-sacs in general, by providing discussion on the various issues brought up at the Planning Commission meetings. CITY ORDINANCES In order to maximize the number of lots and take full advantage of their land, developers now utilize cul-de-sacs in the plat development. The old style of developing utlizing a grid pattern of streets is no longer widely utilized. One of the prime responsibilities of municipalities is the protection of public safety and any emergency vehicle access should be a critical factor in the design of subdivisions. The over-use of cul-de-sacs has been found to interfere with the provision of emergency services. As a result, Cities typically adopt ordinances restricting the design of cul-de-sacs to ensure adequate public safety. The existing Boiling Springs Lane is approximately 3,000 feet long with 24 homes on it. The City of Shakopee currently has an ordinance restricting cul-de-sac lengths to 1,000 feet. This fact alone should be sufficient to provide a connection street to Boiling Springs Lane, because without it the City would be violating its own rules. The City of Shakopee has allowed excessively long cul-de-sacs in the past, but only in the case of extreme hardship or if it is physically impossible to avoid, such as a long narrow peninsula into a lake. While it may be true that there are no historical cases in Shakopee where an overlength cul-se-sac caused serious injury or property damage due to emergency vehicles not having access due to a blocked street, the fact is that overlength cul-de-sacs do impede the orderly provision of emergency services. The Fire Chief is definitely opposed to variances regarding overlength cul- de-sacs and I'm sure that other emergency personnel would be opposed to this also. TRAFFIC Several residents have expressed a concern regarding the increased traffic on Boiling Springs Lane if the street connection is made. Staff would like to provide the following traffic analysis. Utilizing the Met Council and I.T.E.'s accepted rate of 10 trips per day for residential areas, the existing Boiling Springs Lane generates about 250 vehicles per day. Actually, studies have shown that the number of trips per day actually is closer to 15 on cul-de-sacs because the regular trips (i.e. garbage, mail service) are not routed through, requiring two trips rather than one to enter and leave the neighborhood. Using this figure, the current number of vehicles on Boiling Springs Lane is 375 per day. The additional number of lots added to the proposed connecting street in Eagle Creek Bluff Subdivision is 9 or a daily trip generated of 90 vehicles. Assuming they all go north, which is highly unlikely, and reducing the daily trips in the existing subdivision to 10 because of the regular trips not having to double back, results in a total traffic volume of 340 vehicles per day or a reduction of 35 vehicles per day in the existing subdivision. In other words, the traffic would actually decrease on existing Boiling Springs Lane by adding the proposed connection. Actually, the number of trips in the existing subdivision would be substantially less than calculated above because rather than go north into the existing subdivision, the majority of trips would go south to the new collector street and then west to the new County Road 18. The proposed new street connection in the new subdivision would carry the majority of the traffic, not the existing Boiling Springs Lane. In regards to vehicles from Savage cutting through the existing Boiling Springs to get to C.R. 18, this is highly unlikely due to the fact that Boiling Springs Lane is a longer route and not readily apparent to the motorist due to the many curves and 90 degree angle at the north end. It would be extremely unlikely that any traffic would utilize such a circuitous route as a cut through street. With the redesign of Eagle Creek Bluff Avenue to make it a collector street and realigning the intersection with C.S.A.H 18 to give this street the main traffic movements, staff does not feel traffic will cut through Boiling Springs Lane. Rather than a direct shot to C.S.A.H. 18 on Eagle Creek Bluff Avenue, to cut through Boiling Springs a vehicle would have to turn right at Boiling Springs Lane, travel about 3,000 feet, make a 90 degree turn left, go about 1,500 feet, then turn left on Old C.S.A.H. 18 and travel about 3,000 feet south, then turn right onto Eagle Creek Bluff Avenue to access the new C.S.A.H. 18. But let's assume there is some cut through traffic. Based on the City of Savage's traffic analysis, approximately 2,600 vehicles per day will be coming into Shakopee on the new Eagle Creek Bluff Avenue. Assuming that 10% of this traffic cuts through Boiling Springs Lane, the additional cut through traffic would be about 260 vehicles per day. This would result in the total traffic on Boiling Springs Lane to be 600 ADT, which is certainly an increase over the existing traffic of 375 ADT but substantially less than the 1,000 ADT allowed on local, residential streets. The estimated 600 ADT also represents the worst case scenario with all traffic on the new street connection going north into Boiling Springs Lane and 10% cut through traffic. I am not about to say that traffic will not increase on the existing Boiling Springs Lane due to the new street connection. There will definitely be additional traffic. But the total projected traffic on Boiling Springs Lane will still be well below accepted traffic levels for local streets. COSTS Cul-de-sacs are generally more inefficient in regards to traffic circulation and costs, such as maintenance costs, fuel costs, etc. All regular traffic such as school buses, garbage pickup, mail delivery, snow plowing, etc., must make two trips when providing service to a cul-de-sacs as opposed to a through street. This results in a greater amount of backtracking and circuitry of travel in order to provide these every day and essential services, especially when the end of the cul-de-sac is not readily apparent from the entrance such as is the case with Boiling Springs Lane. It is difficult to calculate the additional costs associated with cul-de-sacs, but they are generally such items as increased fuel costs, increase in travel distances, higher rates of vehicle emissions and noise and overall higher maintenance costs. STREET DESIGN/GOOD PLANNING In street design, cul-de-sacs are generally used to provide short, stub streets into areas of a subdivision that cannot normally be served by a normal grid street pattern due to topography, odd-shaped portions of land, etc. Most cul-de-sacs are 500 feet long or less. It is important to have inter-neighborhood connections. If all areas of development are isolated, neighborhoods of 25 lots, it would not be a very efficient street design. Good planning and street design principles provide inter-neighborhood connections. These are just as important as a good collector/arterial street systems. I feel that the opposition to the new street connection is mainly an opposition to increased development adjacent to an existing residential neighborhood and this type of opposition occurs on almost every single new development. TEMPORARY CUL-DE-SAC The existing Boiling Springs Lane was taken over by the City of Shakopee as part of the Eagle Creek township annexation. Therefore, insufficient records on the original construction of this street are available. These streets were originally gravel, but in 1983 the City of Shakopee upgraded them by adding pavement. This project was assessed. By all appearances though, this street was intended to be a temporary cul-de-sac. This is evidenced by the fact that the cul-de-sac is located on the very southerly property line with no lots around the cul-de-sac bulb, as if the original owner knew it would need to be extended some day. If this were a permanent cul-de-sac, the original owner would have added two or three additional lots off the end of the cul-de-sac and shortened up the amount of street construction required. SUMMARY In summary, making this new street connection to the existing Boiling Springs Lane provides many benefits such as eliminating the need for two cul-de-sacs, eliminates an existing overlength cul-de-ac to comply with City ordinances, does not have a major increase in traffic, reduces overall costs for the street, provides an inter-neighborhood connection to improve local street access, provides the most efficient street system for traffic circulation to prevent back tracking and circuitrous travel trips and provides increased access to both neighborhoods for emergency vehicles. The opposition to this new street connection is an emotional issue based on adjacent development pressures but does not have any planning or engineering foundation for support. Staff recommends constructing the new street connection. 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Cp v •+M\ ss t r� C.;o L , A_ JJ o e_., rJ c �M 1...N1 E.S o i (53- c Y.) c 'P,./0 2_, VV-VV- 'Mk‘4. sem —Vkli �� �`+1D+J vJiziS dT" ,�'F 4._a. J qO v . k\s ily l‘tke-A 0. - 4v\NI 'Ve.-07 -,IF s.i-t:,,IJ 1=i_, Liskti m___ V.•J cA- . of se....a.-J N, ozw.....vJ c .' w..,e..P. Q.0 r+c wLvt,,v t tis W k x vac: vv...., \ N cc.... Q lis ‘" Z.t '1 ' . pew. Ca +rA,t&1/4.)Z `1 —J '‘e--\,0 s- N Qiek tett-P -N -aZ> C��(a-i',C.\ "rr----fZJ AT" KA) \ (Z-o,r\i km_00-c---" ►S c 2.q_ l. ___, . 1 C.- S Te_W__Yv1/4.4 %AI G, NN A-P.4,...0A. L'S..-SS. C-Ak 4\k)a s__z_ Q__ ; g,.)_, 1E...1%.)V tSt c,��A,....., . -I- N st w\ tabb Lts\t c_ \ �Z S k c= V V 1 (2-0Q Q. h.. e. -- .\ y U w% cam` , y, vV its \L. o o s% k N birEIW'NESS o t4 vy,_. ) 2 ►4 cr‘ki - `► vy cc_, (2.44°C-Zn.. \- __ ---c- c:N S % S ().- EA\ ' G_) W ' l.. 1.-. C_A- {a •E., 1 kAC.._, Q s t<711 TS O _, ► N®E_ VVc O Q, • 4.1 -11----- ) a) lor' 1 �.b t O v CL . +J o , +J \ v sem.. - r%-%, t� es ♦J iE. Sb � k,-.) % t t• 1...t... CJO�iT � +V '�t�v- -^- -- - - - `F o mac..s-c,„ y ‘E,---s- w_ss.E. . ,Pc LL 4 k NJ J t S 'L - -- <p.,\J cc- C3_ 4,s-T- c 0 tz '‘-q--C>3MN)+)�it,'4 . l ti -•\g N \ = is -V s t ___, 4-k P% k.,J --c � tJ \ <11, -- 4 c tvTS-7 S- --'4c-- .c.'ek)\ \:I O t) tTc.� WCS-17_-L, Q � Si� �E. l7 m_, - Std --= —.,,... .....z — V {J C_k L . Y...._ - J 2, L, s c ' ►YJ Nt44e. . ,k.Q,t... tJ, JAN- 18-94 TUE 21 : 33 JOE ZAK MINNESOTA 6124458828 P. 01 /C6 MEMO TO: Shakopee City Council FROM: Joseph F. Zak - Shakopee Planning Commission SUBJ: Boiling Springs Lane Cul -de-Sac Proposal RE: Proposed Unit Development Preliminary and Final Development Plans for Eagle Creek Bluff January 18, 1994 I will be unable to attend tonight's meeting and wanted to speak against the opening of the cul -de-sac at Boiling Springs Lane. There are a number of valid concerns to be addressed with this matter but your attention should rightfully be directed to the Eagle Creek Bluff plans. I will address the strength of the city recommendations directly. 1. There appears to be NO valid justification for opening Boiling Springs Lane to the Eagle Creek Bluff neighborhood at this time. . A. SAFETY - The area is quite safe now. Opening up another avenue to permit MORE traffic does not support that argument OR make much sense. The likelihood of a blocked roadway or inability to turn around a fire truck is far-fetched. As a secondary consideration, the future plan for new CR18 would find no reason for any traffic to utilize this lane for egress to the Bloomington Ferry Bridge or CR 18. The cars leaving Boiling Spring would need to head south first and then dog-leg back north on CR 18 to get into that traffic pattern. Eagle Creek Bluff will have a more direct route into CR 18 without backtracking. PLEASE CHECK OUT THE DRAWING SITTING BEHIND LINDBERG and then Please identify who will benefit from this action. Boiling Spring doesn't want it and the developer of Eagle Creek Bluffs gains no advantage. B. COST SAVINGS - There do NOT appear to be any quantifiable cost savings associated with the snow plowing situation. It would seem that having to make a return pass out of the road will neither save huge amounts of time or taxpayer $$. C. COMPLIANCE TO ORDINANCE - Everything in government is directed toward wrapping up the "loose ends". The compliance to the ordinance is just that and presents JAN-18-1994 20:41 98% P.01 JAN- 18-94 TUE 21 :34 JOE ZAK MINNESOTA 6124458828 P. 02 no substantial improvement to the traffic pattern and a negative situation to the 24 affected homeowners in Boiling Springs. SUMMARY: The most eloquent argument in favor of letting things alone is just that. If no improvement is wanted or measured, the adherence to this ordinance merely serves to clean up the books. We have irritated a large group of citizens for a very small administrative gain. SUGGESTED: The CR 18/21 roadways are still in planning turmoil and it would be well to delay the decision to break through until the roadway situation is clarified. If this is an inevitable action, you should at least delay implementation until the road situation is complete and real advantages are evident. RECOMMENDED: >>> Approve the Eagle Creek Bluff proposal and delay the decision on the Boiling Springs Lane cul-de-sac until Scott County and MNDOT present their firmed-up plans for CR 18 and Bloomington Ferry Bridge access. Sincerely, JIIIPH F. IT 53171 EAGLE CREEK BLVD SHAKOPEE, MN 55379 JAN-18-1994 20:42 P.02 . MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne '� DATE: January 14, 1994 RE: Met Council / MWCC Chaska Interceptor Sewer Agreement BACKGROUND: For some months staff has been negotiating with Met Council and the MWCC regarding the amount we would have to pay to use the Chaska Interceptor Sewer as a City trunk sewer. That agreement is in its final stages, but certain issues remain to be addressed. At the City Council meeting of January 11, 1994, the City Council directed staff to investigate certain additional options and language requests from the Met Council . That process is underway, but was not completed in time for a new copy of agreement to becopifor ed lacedhe oncthecil tableeatathecket . A meeting,copy of the agreement willp ALTERNATIVES: 1 . Review the agreement, and move to authorize the appropriate City officials to enter into the agreement . 2 . Amend the agreement, and move to authorize the appropriate City officials to enter into the amended agreement . 3 . Do not authorize City officials to enter into the agreement . 4 . Table for additional information from staff . RECOMMENDATION: Either alternative 1 or 2 : Move to authorize the appropriate City officials to enter into the agreement . [14MEMO] MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City AttorneO l DATE: January 18, 1994 RE: Met Council / MWCC Chaska Interceptor Sewer Agreement BACKGROUND: Attached are two documents : (1) the latest draft of the Agreement; and (2) a memo and financial analysis from the Director of Finance . The latest draft Agreement contains changes requested at the last Council meeting, which are discussed further below. The financial analysis describes our financial situation and recommends that the City elect to pay the s over 20 years, with interest due each year and principal due at the end of each five-year period. At the last City Council meeting, the following changes were discussed and requested: 1 . That all blanks be filled in. This has been done, and the numbers have been checked and are correct . We whiclh weehadenotnseen before . Weih peragrhave6theA. 3 , which answer by tonight . 2 . Payment has been incorporated into the agreement in paragraph 3 .3 and 3 .4, in accordance with the recommendations of the Director of Finance. Payment will be by check or wire, not by certified check. 3 . The cost to the City for using flow allocated to Jackson Township has been described and listed in the new Exhibits B and C. If we do not annex any area in Jackson Township, our cost is as set out in the estimate at the top of Exhibit C. If we use the maximum allocated to Jackson Township, which is 3 cfs, our cost would be as set out in Example 3 on Exhibit C. That is the maximum cost we could incur. 4 . New language has been added to allow use of some areas of Jackson Township. Since the amount the City pays is a percent of each pipe section, moving the flow from one pipe section to another does affect the cost . However, language has been added in paragraph 4 .2 to increase our flexibility and outline the costs for increased flow in the Jackson Township area. The language requested regarding takings has been added as a new paragraph 6 . 1 .A. 4 . c. 6 . We asked whether we could increase our residential-for- industrial land trade, from 2 for 1, to 3 to 1 . Met Council staff have indicated that the metro-wide average is 2 for 1, and they are not bound to that . Rather, they will use whatever we can prove . Met Council staff is reviewing the information from Jon Albinson to see if it will justify a higher ratio. ALTERNATIVES : 1 . Authorize the appropriate City officials to enter into the Shakopee / Chaska Interceptor Cost Sharing Agreement, and direct staff to clean up any final wording changes requested by Council . 2 . Do not authorize entering into the Agreement . 3 . Table for further information from staff . RECOMMENDATION: Authorize the appropriate City officials to enter into the Shakopee / Chaska Interceptor Cost Sharing Agreement, and direct staff to clean up any final wording changes requested by the City Council . [18CCL] -2 TO: Karen Marty, City Attorney FROM: Gregg Voxland, Finance Director RE: Chaska Interceptor DATE: January 13, 1994 Attached is a print out showing repayment schedules for four options: A. "A" is the schedule that Council has seen previously. It is based on a Public Facilities Act loan and the city repaying the cost over 20 years with principal repayment each year. The estimated interest rate is from December so that factor may change to some degree. B. "B" is the schedule that Council has seen previously. It is based on MWCC issuing bonds and the city repaying the cost over 20 years with principal at five year intervals. The estimated interest rate is from December so that factor may change to some degree. The cost of buying time in 5 year intervals is about $500,000 compared to option A. C. "C" is an estimated schedule prepared by Springsted. It is based on the city issuing bonds and repaying the cost over 20 years with principal starting after ten years but paying interest starting at year one. The cost of buying time for the first ten years is about $1,500,000 compared to option A. D. "D" is an estimated schedule prepared by Springsted. It is based on the city issuing bonds (zero's) and repaying the cost over 20 years with principal and interest starting after ten years. These are called capital appreciation bonds. The cost of buying time for the first ten years is about $3,700,000 compared to option A. Due to the current low rates, it is unlikely that Council would want to call these bonds (options C or D) for early payment. The way these options are structured, the city would not be required to set aside funds annually in a sinking fund. "A" is a lower interest and therefore lower total cost. But, there is a higher annual payment due in the first four years. "B" has a higher interest rate but it would not be a factor if we can accumulate funds and have offsetting interest income at a comparable rate. If early payments are to be funded out of sewer revenues, "A" equates to a 25% rate increase while "B" equates to a 16% increase. Council does have the option to use some other sources of funds such as the CIF to assist with payments. Prepaying to save on interest costs probably would not gain the city anything due to the offset of the interest cost versus loss of interest earnings. Twenty year PFA rate - PFA loan Shakopee A Repayment of principal in 4 equal installments I3 Interect rate 4.19% Interest rate 5.08% YEAR PRINCIPAL INTEREST TOTAL BALANCE YEAR PRINCIPAL INTEREST TOTAL BALANCE 4,000,000 4,000,000 1 131,700 167,600 299,300 3,868,300 1 203,200 203,200 4,000,000 2 137,218 162,082 299,300 3,731,082 2 203,200 203,200 4,000,000 3 142,968 156,332 299,300 3,588,114 3 203,200 203,200 4,000,000 4 148,958 150,342 299,300 3,439,156 4 203,200 203,200 4,000,000 5 155,199 144,101 299,300 3,283,957 5 1,000,000 203,200 1,203,200 3,000,000 6 161,702 137,598 299,300 3,122,255 6 152,400 152,400 3,000,000 7 168,478 130,822 299,300 2,953,777 7 152,400 152,400 3,000,000 8 175,537 123,763 299,300 2,778,240 8 152,400 152,400 3,000,000 9 182,892 116,408 299,300 2,595,348 9 152,400 152,400 3,000,000 10 190,555 108,745 299,300 2,404,794 10 1,000,000 152,400 1,152,400 2,000,000 11 198,539 100,761 299,300 2,206,254 11 101,600 101,600 2,000,000 12 206,858 92,442 299,300 1,999,397 12 101,600 101,600 2,000,000 13 215,525 83,775 299,300 1,783,871 13 101,600 101,600 2,000,000 14 224,556 74,744 299,300 1,559,315 14 101,600 101,600 2,000,000 15 233,965 65,335 299,300 1,325,351 15 1,000,000 101,600 1,101,600 1,000,000 16 243,768 55,532 299,300 1,081,583 16 50,800 50,800 1,000,000 17 253,982 45,318 299,300 827,601 17 50,800 50,800 1,000,000 18 264,624 34,676 299,300 562,978 18 50,800 50,800 1,000,000 19 275,711 23,589 299,300 287,267 19 50,800 50,800 1,000,000 20 287,267 12,036 299,300 (0) 20 1,000,000 50,800 1,050,800 0 4,000,000 1,986,003 5,986,000 4,000,000 2,540,000 6,540,000 City current coupon bonds ( (0-- / Capital appreciation bonds p Interest rate 5.46% / Interest rate 5.87% YEAR PRINCIPAL INTEREST TOTAL COUPON YEAR PRINCIPAL INTEREST TOTAL COUPON 1 325,997 325,997 1 0 0 2 217,331 217,331 2 0 0 3 217,331 217,331 3 0 0 4 217,331 217,331 4 0 0 5 217,331 217,331 5 0 0 6 217,331 217,331 6 0 0 7 217,331 217,331 7 0 0 8 217,331 217,331 8 0 0 9 217,331 217,331 • 9 0 0 10 285,000 217,331 502,331 4.90% 10 508,094 371,906 880,000 5.30% 11 300,000 203,366 503,366 5.05% 11 476,828 403,172 880,000 5.40% 12 310,000 188,216 498,216 5.15% 12 446,618 433,382 880,000 5.50% 13 330,000 172,251 502,251 5.25% 13 417,507 462,493 880,000 5.60% 14 345,000 154,926 499,926 5.30% 14 391,754 493,246 885,000 5.70% 15 365,000 136,641 501,641 5.35% 15 364,806 520,194 885,000 5.80% 16 385,000 117,113 502,113 5.40% 16 339,052 545,948 885,000 5.90% 17 405,000 96,323 501,323 5.45% 17 314,511 570,489 885,000 6.00% 18 425,000 74,250 499,250 5.50% 18 296,457 588,543 885,000 6.00% 19 450,000 50,875 500,875 5.50% 19 279,439 605,561 885,000 6.00% 20 475,000 26,125 501,125 5.50% 20 264,882 625,118 890,000 6.00% 4,075,000 3,502,062 7,577,062 4,099,948 5,620,052 9,720,000 -- --.- JAN-18-'94 TUE 15:27 ID:FIETF'OPOL:THH Cour,=:L TEL ' :612/291-6550 582 P02 SHAKOPEE/CHASKA INTERCEPTOR COST SHARING AGREEMENT THIS AGREEMENT, is made and entered into between the METROPOLITAN COUNCIL (hereinafter"the Council"),the METROPOLITAN WASTE CONTROL COMMISSION(hereinafter "the Commission"), and the CITY OF SHAKOPEE (hereinafter "the City"). WHEREAS, the Council and Commission, following review and analysis, have amended the Commission's 1992-2010 Implementation Plan to include the construction of an interceptor sewer(the "Facility"),generally depicted on Exhibit A attached hereto and made a part hereof,to convey sewage from the City of Chaska to the Commission's Blue Lake Wastewater Treatment Plant; and WHEREAS, a portion of the Facility serving Chaska will be located within the boundaries of the City, and could, with certain design changes, simultaneously serve as a Commission interceptor and a local trunk sewer for the City; and WHEREAS, the Council, the Commission and the City have agreed that the Facility can be designed and used simultaneously as a Commission interceptor sewer and a local trunk sewer for the City. In consideration of the Council and Commission modifying the design of the Facility to accommodate the City's need for a local trunk sewer, the City agrees to pay for a portion of the project costs of the Facility over and above its SAC charge cost contribution and the City further agrees to make necessary amendments to its comprehensive plan, comprehensive sewer plan and official controls to ensure the avoidance of premature growth or urbanization in accordance with Council policies, NOW,THEREFORE,the parties to this agreement,in consideration of the mutual covenants contained in this agreement, agree as follows: SECTION 1. RECITALS 1.1 Council and Commiasioq. Pursuant to Minnesota Statutes, section 473.146, the Council has adopted a Wastewater Treatment and Handling Policy Plan for the collection,treatment, and disposal of sewage in the Metropolitan Area. Minnesota Statutes Section 473.511 authorizes the Commission to acquire, construct, equip, maintain and operate all interceptors and treatment works needed to implement the Council's Wastewater Treatment and Handling Policy Plan. 1.2 Cja1cNShakopee Interceptor.Shakopee Segment The Council and Commission have determined that the Facility is necessary for and shall be constructed pursuant to the Council's Wastewater Treatment and Handling Policy Plan and the Commission's 1992-2010 Implementation Plan. This work is identified as Commission Project Number 920601. 1.3 City fit, The City has planned the construction of a trunk sewer along the general route of the Facility. The City has determined that the joint use of a single sewer pipe to be constructed, owned, and operated by the Commission will satisfy certain sewer service needs of the City. The City agrees that it will conduct all proceedings necessary under law and ordinance so as JAN-18-1994 15:30 METROPOLITAN COUNCIL 9E% P.02 ?4 -_:E 15:=3 I D:METFOF0L I Tk =OUNC I L TEL N0:012/291- 13582 P03 - - DRAFT 1118/44 to authorize it to participate in the cost of the construction of the Facility. 1.4 Construction. The interceptor and trunk sewer can be constructed as a single pipe and the design of the Facility and its construction can best and most economically be undertaken by the Commission. Construction of the Facility will be carried out by the Commission through an agreement with the Minnesota Department of Transportation (hereinafter "MnDOT"). That agreement will provide that MnDOT will construct the Facility in conjunction with its construction of the Shakopee Bypass with the costs thereof to be billed by MnDOT to the MWCC at the time of construction. After construction, ownership and operation of the Facility will be turned over to the MWCC. SECTION 2. FACILITY CONSTRUCTION AND CAPACITY 2.1 Plans and Speciticatiou. The Commission will prepare plans and specifications for the construction of the Facility. The plans and specifications for the Facility shall include adequate design capacity to enable the City's use of the Facility as specified in this Agreement for trunk sewer purposes, as well as use of the Facility as a Commission interceptor. The Commission shall design the Facility to provide capacity for planned growth to the year 2040 of the land within the City tributary to the Facility. This capacity shall be determined on or before Commission approval of the plans and specifications for the Facility. Specifically, the Facility shall, at a minimum, be designed with 17 cubic feet per second peak capacity for City trunk sewer use. The Commission agrees to allow the City to review and comment on the plans and specifications for the Facility so as to insure that adequate trunk sewer capacity is provided. Notwithstanding any other provisions of this Agreement,the Commission shall be solely responsible for approving plans and specifications for the Facility. 2.2 Contract Administration. Facility construction will be carried out by the Commission through an agreement with MnDOT. That agreement will provide that the construction project will be completed in accordance with the design plans and specifications described in section 2.1. The Commission retains sole authority to determine whether construction is consistent with the design plans and specifications. SECTION 3. PROJECT FINANCING 3.1 Shared Costs. The Commission and City shall share the costs of constructing the gravity sewer portion of the Facility as set forth in this Section 3. Costs to be shared (hereinafter *Shared Costs') shall consist of the following: A. The total of unit price costs for the gravity sewer portion of the Facility as determined by the award to the general contractor on the project on a competitive bid basis. 2 JAN-18-1994 15:30 METROPOLITAN COUNCIL 94 -_E 15:29 I D:METPOFOL I TArN COUNCIL TEL 110: 12/291-5550 11582 PO4 DRAFT 1/18/94 B. A pro rata share of common or protect-wide costs (e.g. mobilization, seeding, erosion control,etc.) as determined by the project bid,allocated to the gravity sewer portion of the Facility on the basis of length of that portion versus the length of the entire sewer interceptor as well as a pro rata share of the actual costs incurred by the Council and the Commission to issue the bonds. C. Any additions or subtractions to the costs set forth in paragraphs A or B resulting from project change orders. D. Fifteen (15) percent of the total costs as determined in paragraphs A, B, and C as engineering, construction inspection/management, and administrative overhead, 'Shared Costa" are currently estimated at approximately S 4,000,000. However, it is expressly agreed by the City that said figure is an estimate only and that actual finial Shared Costs will be determined as provided in this section 3.1. The Commission agrees to notify the City of the actual final shared costs after they have been determined by the Commission and provide the City with a repayment schedule for the City's principal and interest payments as determined in sections 3.3 and 3.4. 3.2 City Portion. The City agrees to pay the Commission the City's portion of the Shared Costs as calculated by applying the following percentages to the total cost paid by the Commission for each of the corresponding pipe sections: Piot Seetiog IShakopcc % of Teal Cost A 00,00 $ 29.00 tr 31.00 D 33.00 E 39.00 F 39.00 O 44.00 H 46.00 I 46.00 These percentages are based on the formulation depicted in Exhibit B in which the City reimburses the Commission for a percentage of the total cost paid for the Facility which is proportional to the amount of wastewater flow from the City as compared to the total wastewater flow. The City shall receive a credit to its portion of the Shared Costs in the amount of S1,32S,000. The amount so calculated based on the percentages minus the credit shall constitute the principal portion of the Shared Costs and is hereinafter referred to as the "City Share Principal." The City Share Principal shall be paid in installments by the City in accordance with the provisions of section 3.4. The City shall also pay interest on an annual basis to the Commission in accordance with the provisions of section 3.3. 3.3 Interest Rate. The City Share Principal shall bear simple interest on the unpaid principal balance from the date payment is made by the Commission to MnDOT for the Facility at 3 JAN-19-1994 15:31 METPOPOLITAN COUNCIL 94/ P.04 =9 1 D:I1E" =iPOL I T..*; ':0w::,.. TEL N :6 12/291-65 SO M5S. r-05 DRAFT 1/18/94 a per annum rate which is equal to the interest rate charged to the Council and the Commission on the bonds issued for the project. The first interest payment shall be due December 1 of the year following the date of completion. The date of completion for this section 3.3 is the date the Facility is placed into operation. Thereafter, interest payments from the City will be due on December 1 of each subsequent calander year until ail principal payments have been made pursuant to section 3.4. 3.4 principal Pants. The City shall make payments of City Share Principal in four equal installments over 20 years. The first principal payment shall be due on December 1 of the fifth colander year following the date of completion. The date of completion for this section 3.4 is the date the Facility is placed into operation. Thereafter, principal payments from the City will be due on December 1 of every fifth colander year. The City may prepay all or any portion of the outstanding City Share principal at any time. 3.5 Metes of pjent. Payments under section 3.3 and section 3.4 shall be made payable by check or wire to the "Metropolitan Waste Control Commission" at the following address: Chief Administrator Metropolitan Waste Control Commission 230 East Fifth Street St. Paul, Minnesota 55101 If the City makes a payment to the Commission by wire,the City will notify the Commission two days before wiring the payment. 3.6 Acceleration of Payments. If any default is made in the payment of any installment principal and/or interest due and owing pursuant to section 3.3 or section 3.4, the Commission may at its option and upon ninety(90)days written notice to the City, elect and declare its intent that the entire unpaid City Share principal amount (plus accrued interest) shall become immediately due and owing. Following delivery of the notice, the City shall be given ninety (90) days, to cure the default. If the City fails to cure the default within the ninety (90) days, and following formal consideration during which the City shall be given an opportunity to state its position,the entire unpaid City Share principal plus accrued interest shall immediately become due and owing on the first day following the expiration of said ninety (90) day period. 3.7 Coln of Installments. The parties to this Agreement expressly agree that the City's payment obligations pursuant to this Agreement constitute a charge payable pursuant to Minnesota Statutes, section 473.521. In the event the City fails to make any installment payment or portion thereof, and accrued interest, pursuant to this Agreement,the Commission at its option may recover or collect any such amounts due and owing by one or more of the following methods: A. A deficiency tax Ievy pursuant to Minnesota Statutes, section 473.521, subd. 4. In such case the City expressly represents and agrees that such charges are a legitimate and necessary charge. B. Addition of the amounts owed to the City's regular sewer bills from the Commission for sewer service. - 4 - JAN-18-1994 15:32 METROPOLITAN COUNCIL 99% P.05 JN-: -'94T_E 15:30 I D:METPOPOL I TAN COOK:IL TEL roo:612.291 -6550 n582 P05 -- DRAFT 1/18,94 C. By any other appropriate legal proceedings. SECTION 4. OWNERSHIP AND USE 4.1 Qwnerehtp of the Facility. The Commission shall be the sole owner of the Facility and shall be responsible for its operation, maintenance, repair, and reconstruction. The Commission shall operate and maintain the Facility in good, working order, and shall preserve and maintain that portion of the capacity of the Facility as described herein for use by the City as a trunk sewer so long as the Facility is needed and utilized by the Commission as an interceptor sewer. If the Facility is no longer needed by the Commission as an interceptor sewer, the City, the Commission, and the Council may negotiate an agreement to sell or otherwise convey the Facility to the City. The Commission may utilize any portion of the capacity assigned to the City pursuant to this Agreement and not currently being utilized or needed by the City for trunk sewer purposes. The Commission shall not be responsible for construction, operation, maintenance, repair or reconstruction of any connection to the Facility which is not constructed by the Commission as part of Commission Project Number 920601. 4.2 City Use. The City shall be authorized to make use of the Facility as a trunk sewer for flows in cubic feet per second not exceeding the following amounts for each section of pipe as indicated on Exhibit A: Pipe Sectipn Maximum Shakom Flow A 0.0 g 3.0 C 3.9 D 4.7 E 8.0 F 8.0 (} 14.3 H 16.3 I 17.0 Any such use shall be consistent with the provisions of the City's Comprehensive Plan and Comprehensive Sewer Plan, and the design plans for the Facility when areas tributary to the Facility are brought within the City's urban service area including lands which the City may annex in the future. Provided, however, that no such use is available for land annexed by the City after the date of this agreement unless there is an agreement among the parties on a recalculation of the City's cost share for such additional use. The City's portion of the cost share for such additional use shall be determined consistent with the formula used in section 3.2 in which the City's portion is calculated as a percentage of the total cost paid for the Facility which is proportional to the amount of wastewater flow from the area annexed by Shakopee as compared to the total wastewater flow. This formula is depicted in Exhibit B. An illustration showing how the formula would apply for adding flow at point A from land annexed by Shakopee is included as Exhibit C. However, it is expressly agreed that Exhibit C is an illustration only and that the City's share will be based on the actual final - 5 - JAN-18-1994 15:33 METROPOLITAN COUNCIL 54% P.06 JAN-18--' �4 TUE 15:31 ID:METRCPOOLITN COUNCIL TEL HCI:612'291-6550 459? PO7 DRAFT 1/18/94 costs for the Facility. The first illustration on Exhibit C represents the "base case"for the costs that the City is required to pay under the terms of this agreement. Whether or not the City annexes land, the City is required to pay the basic amount of$5,283,190. Up to 3.0 c.f.s. of flow can be placed in the pipe at point B. All or a portion of this flow could come from land annexed by the City which would not require a recalculation of the shared costs of this agreement. Total flow at point B, however, cannot exceed 3.0 c.f.s. under the terms of this agreement. If the City seeks to add any flow at point A or add flow at point B in excess of 3.0 c.f.s., the parties will need to rcalculate the shared costs based on the formula discussed above. In addition, if the City wishes to decrease flow at one point and add flow in excess of what has been agreed to under the terms of this agreement, the parties will need to recalculate the shared costs based on the formula as discussed above. The City shall apply for a connection permit for all direct connections to the Facility and shall comply with the Commission's technical and engineering requirements for such connection. All costs of such connections shall be paid by the City except for connection I as depicted on Exhibit A. Nothing in this agreement shall be interpreted as abridging or limiting the Commission's enforcement of Waste Discharge Rules regulating the use of the metropolitan disposal system. 43 Indemnification. The City agrees to indemnify and hold harmless the Commission, its employees,or agents from and against all claims,damages,Iosses and expenses,including attorney's fees, attributable to any claims arising out of or resulting from the City's use of the trunk sewer capacity in the Facility provided that any such claim,damage,loss,or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property including the loss of use resulting therefrom. The Commission agrees to indemnify and hold harmless the City, its employees, or agents from and against all claims, damages, losses and expenses, including attorney's fed, attributable to any claims arising out of or resulting from construction, operation, or maintenance of the Facility, except for any such claims attributable to the City's use of the trunk sewer capacity in the Facility provided that any such claim, damage, loss, or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property including the loss of use resulting therefrom. SECTION S. RIGHT-OF-WAY ACQUISITION 5.1 Putted of City. The City shall assist the Commission in acquiring the necessary property, rights of entry and other property interests or permits needed for construction of the Facility and that portion of the Facility lying within the boundaries of the City. Such assistance shall include: A. Conveyance to the Commission at fair market value,of the following easements along the final route of the Facility: 1. all sanitary sewer easements now owned or hereinafter acquired by the City; and 2. all sanitary sewer easements on city-owned property which the Commission TON-1 P-1 44'i 1 c:7d MPTPfPfll !TAN f fll INf T I 4d% P n? � TAN-18-'94 TUE 15:32 I D:METROF'OL I TAN COUNCIL TEL t lO:612,.�9 1- 550 U582 F'08 DRAFT' 1/18194 determines are necessary for construction, operation, or maintenance of the Facility. B. Conveyance to the Commission,without charge,of any easements located on property conveyed by MNDoT to the City as part of the Project which are determined necessary by the Commission for construction, operation, or maintenance of the Facility. C. Approval and authorization for use,without charge,of public rights of way within the City along the final route of the Facility. D. Cooperation with the Commission in acquiring easements or other property interests from governmental subdivisions, business entities and private individuals determined necessary by the Commission for construction of the Facility. 5.2 rublLe Purpose. The City stipulates and agrees that construction of the Facility is for a public purpose and that acquisition of property therefore is necessary and authorized by law pursuant to Minnesota Statutes Chapter 117 (1992). SECTION 6. LAND USE PLANNING AND CONTROL 6,1 Guth Contrvl. In accordance with the Council's Metropolitan Development and Investment Framework and the metropolitan system plans, the City agrees to use its best efforts to prevent the premature urbanization of areas outside the year 2000 Metropolitan Urban Service Area. Specifically, the City agrees that it shall do and perform the following on or before January 1, 1996: A. Submit to the Council for review a comprehensive plan or comprehensive plan amendments, including a comprehensive sewer plan, to comply with the following provisions of this Agreement. Amendments to the City's comprehensive plan shall be submitted to the Council for review pursuant to the Metropolitan Land Planning Act following approval by the City's planning commission and after consideration but before final approval by the City's governing body to meet the following objectives: 1. A provision designating a reconfigured year 2000 urban service area containing no more than 2311 acres of vacant developable land which includes platted lots and undeveloped portions of certain large industrial holdings,but does not include lakes, streams, or other waterbodies, wetlands, floodplains, and other lands used for public purposes as mutually agreed to by the City and the Council. Because the City's supply of vacant developable land within the urban service area is sufficient to meet the demand for future development beyond the year 2000, the reconfigured year 2000 urban service area will include a land trade taking approximately 180 acres of industrial land out of the urban service area, as indicated on Exhibit D, and adding approximately 360 acres of residential land to serve the demand for residential - 7 - JAN-18-1994 15:34 METROPOLITAN COUNCIL P.08 32 D:METPC=0LITIN COUt4CIL TE- N0:612.291-6550 4582 P09 - DRAFT 1/18/34 development. 2 A provision regarding the existence of the Facility which will ensure conformity with metropolitan system plans. 3. A provision that the City will not exceed the Council's year 2000 sewer flow projection of 5.94 cubic feet per second average annual flow or such final sewer flow allocation as may result from revisions to the Council's Metropolitan Development and Investment Framework or the successor to that document. 4. A provision designating rural service density standards of one residential unit per ten (10) acres consistent with the following: a. In those sections of the City where, as of the date of this agreement, the number of existing dwelling units, developable lots shown in preliminary or final plats approved by the City as of the date of this agreement and unsubdivided parcels exceeds the one(1) unit per ten (10)acre density computed on the basis of 640-acre parcels(sixty-four (64) units per six hundred and forty (640) acres), •developable lots shown in preliminary or final plats approved by the City as of the date of this agreement may continue to be developed as zoned and platted; *unsubdivided parcels of ten (10) acres or greater may continue to be platted and/or developed provided that the parcel meets the one (1) unit per ten (10) acre density standard; •developable lots shown in preliminary or final plata approved by the City as of the date of this agreement and unsubdivided parcels must meet the conditions contained in the Appendix entitled"Criteria for Council Approval of Local Plans that are Inconsistent with MDIF Rural Area Policies" to the Amendments to the Metropolitan Development and Investment Framework, Policies for the Rural Service Area, adopted by the Council on December 5, 1991. The Council encourages communities to allow lot sizes of leu than 2.5 • acres consistent with rural development standards to better provide for clustering of development to more efficiently provide future urban services. This provision shall apply to sections 9, 13, 18, 19, 24, 30, and 32 in the City. b. In all rural area sections where, as of the date of this agreement, the _ - JAN-18-1994 15:35 METROPOLITAN COUNCIL 94% P.09 gs82 P10 :AN-18-'94 TUE 15:113 I D:METPOPOL I TAU COUNC TEL 1'C:612/291-1;5E0 DRAFT 1/18/94 number of existing dwelling units, developable lots, and unsubdivided parcels is leas than one (1)unit per ten(10) acre density the city must adopt policies and official controls consistent with theAmenndmsnb to the Metropolitan Development and Investment Framework, Policies for the Rural Service Area, adopted by the Council on December 5, 1991. c. The parties recognize that this provision may include elements to address unconstitutional takings, hardships and unique circumstances. 5. A description of adopted on-site sewage disposal ordinance provisions consistent with applicable requirements set forth in the Council's Water Resources Management, Part 1, Wastewater Treatment and Handling Policy Plan. 6. A policy and ordinance adopting the Council's Interim Strategy to Reduce Nonpoint Source Loading to the Minnesota River. Within 34 days following the completion of review of the comprehensive plan or comprehensive plan amendment by the Council, the City agrees to adopt the above- described comprehensive plan amendments. Notwithstanding any other provisions of this Agreement, no use of the Facility as a trunk sewer shall be permitted until the City has finally adopted the above-described comprehensive plan amendments following the completion of Council review. B. Within one year following the date of this agreement, the City agrees to transmit to the Council a description and analysis of the difference between the City's comprehensive plan and its zoning ordinance provisions with respect to item A4. above and a method approved and adopted by the City for reconciling the two which is acceptable to the Council, if different from ono another with respect to land use types, densities, and urban service timing and staging. The City further agrees that by January 1, 1996,it shall repeal or appropriately amend any official control or fiscal device that is in conflict with item A4. above of its comprehensive plan. C. The City agrees to use its best efforts to work with Scott County to limit the spacing of access points on County Road 18 consistent with the Minimum Access Spacing Guidelines included as Exhibit E to this agreement and incorporated as part of this agreement. The City further agrees that it will follow Scott County's recommendation, if any, following the County's review of plats for access to County Road 18. 6.2 future Urban Service Area E+apaaskna. Future changes to the urban service area must occur under the applicable requirements and procedures of the Metropolitan Development and Investment Framework or the successor to that document as it is revised over time. The Council agrees that,as consistent with Council policies,if the City gets the planned household and Job growth and needs additional land within the Metropolitan in areas w>��ere metropolitaa systems are not Area, expansions of the Metropolitan Urban Service Area will be granted . 9 - JAN-13-1994 15:36 METROPOLITAN COUNCIL 94% P. 10 :AH-18-'94 TUE 1F.:=4 COUNC:L TEL NO:612/291-6550 J'r=•.32 P11 DRAFT 1/18ik94 adversely impacted. 6.3 cavntv Road 18. Following the City's compliance with section 6.1(A) of this agreement and the Council's review and acceptance of Scott County's Transportation Plan which limits the spacing of access points on County Road 18 within the City, Scott County can resubmit, and the Council will approve, the controlled access request for direct access between CSAR 18 and the new County Road 18 in Shakopee (south of the Trunk Highway 101 By-pass). SECTION 7. SANCTIONS FOR BREACH OF CONTRACT 7.1 j j 1tations on City's Right to Upe. It is expressly agreed that in the event that the City commits a material breach or violation of any provision of this Agreement, the Council or Commission may,following formal consideration during which the City shall be given an opportunity to state its position,delay or limit the City's right to use the Facility for trunk sewer purposes or take such other action as may be appropriate, provided, however, the Council or Commission shall not disconnect any connection by the City to the Facility for which a connection permit has previously been granted pursuant to Section 4.2 of this Agreement. Prior to any such delay or limitation, the City shall be given a reasonable time which shall not be less than ninety (90) days after notice in writing of the claimed violation, to achieve compliance with the terms of this Agreement. Nothing herein shall be construed to remove or modify the liability of the City under Section 3 of this Agreement- Notwithstanding the provisions of this Section 7.1,the City shall have the right to initiate such action or actions that the City shall deem appropriate requesting a judicial determination of whether a material breach or violation of any provision of this Agreement has occurred and, if so, whether the delay or limitation on the City's right to use the facility for trunk sewer purposes as imposed by the Council or Commission or any other action taken by the Council or Commission is appropriate and equitable under the circumstances. 7.2 j}es12n of Facility. Upon any breach of this Agreement by the City, the Council and Commission may determine to design the Facility without capacity for the City,and/or take such other action as may be appropriate with respect to the design of the Facility. 7.3 Fact Stifftions. To assist in the enforcement of Section 6 of this Agreement, the parties hereto agree and stipulate to the following finding of fact: Any amendment to the City's comprehensive plan that does not comply with the provisions of Section 6 of this Agreement constitutes a substantial departure from a metropolitan system plan within the meaning of Minn. Stat. ft 473.175. The parties hereto have entered this Agreement in express reliance on the above-stated facts and the parties shall be estopped from denying or contesting the truth of said facts. It is expressly agreed that if the City fails to perform the tasks specified in Section 6 of this Agreement, the Council may obtain a court order under Minn. Stat. * 473.175 requiring the City to perform those actions specified in Section 6 of this Agreement. No action or inaction by the City pursuant to any order,judgment or decree of any court, governmental or administrative agency shall constitute a violation on the part JAN-18-1994 15:36 METROPOLITAN COUNCIL 94'; P. 11 JAr1-18-'9a TUE i5:=5 ID:METPOPOLITAN COUNCIL TEL ruO:512/291-655O 4532 P12 DRAFT 1/18/94 of the City of any provision of this Agreement, provided that if the City cannot meet its obligations pursuant to Section 3 because of such order,judgment,or reeateh ther this and entCommission shall have no obligation to provide trunk sewer service City 7.4 citelamassilia. It is expressly agreed that in the event that the Council or Commission violates any of the provisions of this Agreement, the City may, in addition to any other remedy at law, seek sperific performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of , 1994. Approved as to form METROPOLITAN COUNCIL By Assistant Counsel Chair By Executive Director Approved as to form METROPOLITAN WASTE CONTROL COMMISSION By General Counsel Chair BY Chief Administrator Approved as to form CITY OF SHAKOPEE By City Attorney Mayor By_ City Administrator By City Clerk - • JAN-17-1594 15:3( METROPOLITAN COUNCIL 96% P. 12 JAN-18-'94 TUE 15:35 ID:METPOPOLITAN ,:CUNCIL TrI, NO:612/:91-5550 :.. .22 Pfit-- .___ _...... . ., i \\....,....‘‘.:,.r,.. .-i.01114: . 2447 A , ‘ ii....... .- . ., vs .. bin .' 416\.. '11) •• ,ffir. • ‘ . --: ii-i,--..- it.„,-)tkie \s. ,••• ti,---), ‘0,7 it,..t 1 -1..,.11 I ,• •""iit,piztr.bi,...4..,1* 1,,, A I ;t:\ .... 40 as 1 • ; i„ ,..likei.... ..1111.-„. . A #1, , I ;11 I 1Velk ' A 7 iii:am• IL 40k,:''-' g .. -, ; •:, ..1:..-'?',_,.. i . tl.,... ,„ .i:_m .:.i.i.: 1, ,.:--• ... t ,t,-7. 1 ' 1L I , 10‘ii.. .,, 1\4\1 .„,.....GYINi. • 111-:..:::-,. 1 .:.. ,.‘ - ...at .,........, ... .,t. .. 1 mil 1. L.,.. _ -- ,......., .... ..,,. . r $ 11 ablii, i 1.41111a NM .000.:•••14.,. .,:1 . - I \.'. ..1.. ••1.?. iir... ''. , . . . •fril"1 r IF if, f,- I I .. t•1 i .. • ,`. : .. I i 1 II ell411;s:::: ..•( P;- ii.... ,.,. I --..1.f...":.1.1',...'.;:i'!.1, ...:..6. . II. ;:.", 1:2 ',....,.::.;,:::: .::.• 1: 14 '.1.., 11; II 11V1i f.11;0 '..; - M'•....;.,;'iii' • . ....; ,‘ ; •-•.':,::i ':-i- IP;;..• am II•- me...r 7 AN=;,.., ‘,..,1 • ilia.•; rc, ,4 ....1-..:11: --:. ' mi a). .. 15•411.1 . At.. v.:::,...1.1i.lig•-..-!ik rimst --.:7-1. ..:- 1 .,, Miiiii;ii•.4, ,,,,..:\ : i 1111-:-.,:...?.• min rlk - .,i-ii ..- :......,, . .1..A... .v,-.1 • . .. .. .. • • • 111• f('\. 1::, ...1-:.241 , . 1.: 3 I III cl \ . p., _. i . . . , „. .... , it,. . ir- I-. %Iv"%I . 1 , ______... ----11,4,11% 44, 1 ..„,,,, , 1 ..., z If OA . ion:\ 11 11 i I I li I Ail ' ii....., , 1 11 11 I i __.1 _,_ •iIli • , 4tr, tr‘s.4 „.. q l lit 11 P k i .--..-...• s.i of/7 fi- oi, . 4.:. I . ... r .;_.r-.1.11, • . '...•:. 4.44 161,4 ' iii -. , •v ...,_ 1 . • 0 •,-, I, i g it • ' , ' p • i‘ . ti.it- 7 a .4-•• r 1 EXHIBIT Ar — 1 ti III I • , ••i.iti"' ..Th r._ , 0/ - ILI'. -11 .. I JAN-18-1994 15:33 METROPOLITAN COUNCIL 92% P. 13 JAN-18-'94 TUE 15:36 ID:METPCPOLITAN :JUNCIL TEL FUO:612/291-6550 13582C�82 P14 % COST vs. % FLOW INSTALLED COSTS CONSTANT SLOPE = 0.20% • 80 - 40- • 30- O 20 • "4 FLOW %COST i0 5 22 10 29 15 35 20 .ST 25 40 0 1, 20 30 40 50 30 42 35 44 40 46 % COST 45 48 50 50 • C•36 I EXHIBIT B JAN-18-1994 15:38 METROPOLITAN COUNCIL 94% P.14 _ JAN- -'94 ''''_:E 15:7E I D:METP=POL I TAN COUNC I L TEL NO:612%29 1-65513 tt582 P15 SHAKOPEE COST SHARIN3 BREAKDOWN SHAKOPEE/CHASKA INTERCEPTOR MWCC PROJECT NUMBER 920601 PIPE SHAK FLOW SHAKOPEE % SHAKOPEE % SECT T P(IPEL )E SHAKOPEE CosT SECT (CFS) OF A 0. 0 0. 0 o. a B 3. 0 10. 64 29. 0 0. 223 $64, 670 C 3. 9 13. 40 31. 0 1. 034 $326, 740 D 4. 7 15. 72 33. 0 0. 664 *219, 120 E 8. 0 24. 10 39. 0 0. 260 $101, 400 K 8. 0 �4 0 . 10 39. 0 1. 260 $499, 200 O 14. 3 36. 20 44. 0 1. 971 $867, 240 H 16. 3 39. 28 46. 0 3. 796 $1,746, 160 I 17. 0 40. 28 46. 0 3. 171 $1, 458, 660 14. 578 $5, 283, 190 EXAMPLE 1 - sHAKOpEE PRT8 OF TOWNSHIP FOR ITNNE PIKE SHAK FLOW SHAKOPEE SHAKOPEE SECT COST tMILL>E SHAKOPEE SECT (CFS) A 1. 0 3. 85% 19. 0% 2. 159 $4101210 g 4. 0 14. 13% 32. 0% o. 223 *71, 360 C 4. 9 16. 84% 34. 0% 1. 054 0358, 360 .t Q 5. 7 19. 06% 36. 0% 0. 664 $239, 040 E 9. 0 28. 04% 41. 0% 0. 260 $106,600 F 9. 0 28. 04% 41. 0% 1.280 $524, 800 p 15. 3 38. 73% 45. 5% 1.971 $896, 805 H 17. 3 41. 69% 46. 5% 3. 796 $1,765, 140 I 18. 0 42. 65% 47. 0% 3. 171 01, 490, 370 EXHIBIT C 14. 578 f5, 868, 680 JAN-18-1994 15:39 METROPOLITAN COUNCIL 92% P. 15 _. ?4N-18-'94 TUE 15:37 ID:METFOFOLIT'N COUru_:_ TEL NO:612/2 1-=._� tt:2 F'1F . EXAMPLE 2 - SHAKOPEE ANNEx PART RCF5F OFCFgOW ON TOWNSHIP FOR ADDITIONAL 2 PIPE BHAK FLOW SHAKOPEE OFLOW% SHAKOPEE C08T% COST PMILL)SECT IPE SHAKOPEE SECT (CFS) a 2. 0 7. 65% 25. 5% 2. 159 $550, 545 g 5. 0 17. 67% 35. 0% 0.223 $78, 050 C 5. 9 20. 27% 37. 0% 1. 054 $389, 980 D 6. 7 22. 41% 38. 5% 0. 664 $255, 640 E 10. 0 31. 15% 42. 5% 0. 260 $110, 500 F 10. 0 31. 15% 42. 5% 1. 280 *544, 000 5 16. 3 41. 27% 46. 5% 1. 971 *916, 515 H 18. 3 44. 10% 47. 5% 3. 796 $1, 803, 100 I 13. 0 45. 02% 48. 0% 3. 171 *1, 522, 080 14. 578 $6, 1701410 EXAMPLE 3 - SHAKOPEE ANNEX PART OF JACKSON TOWNSHIP FOR ADDITIONAL 3 CFS OF FLOW PIPE SHAK FLOW SHAKOPEE % SHAKOPEE % SECT PIPE SHAKOPEE SECT (CFS) OF FLOW OF COST COST (MILL} COST A 3. 0 11. 54% 30. 0% 2. 159 ' *647, 700 8 6. 0 21. 20% 38. 0% 0. 223 $84, 740 C 6. 9 23. 71% 39. 0% 1. 054 $411, 060 0 • 7. 7 25. 75% 40. 0% 0. 664 $E65, 600 E 11. 0 34. 27% 43. 5%. 0. 260 $113, 100 F 11.0 34. 27% 43. 5% 1. 280 *556, 800 O 17. 3 43. 80% 47. 0% 1. 971 $926, 370 H 19. 3 46. 51% 48. 5% 3. 796 $1, 841, 060 I 20. 0 47. 39% 49. 0% 3. 171 $1, 553, 790 14.578 *6,400,220 .TAN-18-1994 15:39 METROPOLITAN COUNCIL 97% P.16 JAN-18-'94 TUE 15:38 1D:f1ETPOPOLI7AN COUNCIL TEL 'AO:612/ 91-6558 p582 P17 • 12y1 ' w ' -I•• ; =C. ... �.�. ..-..__ :.� . F.v.::.• _._. _._.......�. ������'cc. :( •• . I - ; I • 41 4 :10 \ 1 , , i. 1)1 it , • I.. lir 4/M _met .i .., -... . • ii • r f �� 4 • .• ,,, 1. ' I !. f • i \ It - • . r. :) .{:l' • 3;1 • it ', s:! 1•t:(i 1 . AR•41::-•.'.. 12C ..'.7.:.::,.; ..:Il ..% .• -. .. 0. :;11 M. . . 8Ail-1414 eta" :.1F • ,v ,' C • �i •• 1 7 .,i1;... •I _.- .. J' I I , i • m•c , i t �. _.._— .. • - - `I ki . ivi /, i..-__... �. •.r . ..1,10I••.wr �,. .. S.•-- •; '. ~ '; i1 1 s 4 ' I . ' k • • �r 'i ` k� `' •' gXiltB[C D ..... it y i I• r t1 JAN-18-1994 15:40 METROPOLITAN COUNCIL 92% P.17 JAN-: -'94 TUE 15:38 1 D:METR'OF'OL I TAN COUNCIL TEL NO:b 12 291-5550 »582 P18 ----- -- • • -:. !11 ii. -- I' • r--I i g , 0 . - I : . .. .... ,— 4.1 . i 1 I I Iii I 1 ii --- -- i lit 4 tii ! . ' 1 I ri I I 1 . - iii ! l i l t] . 8 0 .4 v_ 11 Al I m ;c- t .g 7 W i t % % % s 1 Ai wl .1 I -I li ii II • 1..., iii v . 1 i 1 iiiiii i 51 4 1 B (5 11 I P P P. l' 0 r III Iiilh F a 5 5 s slit 511 . 40 053 I i P 11 11 • a N o K 2 $ t di stiff _ ti AI 11 8 - 1 ta1 g 1 1 li II : 'Iv ifs II, - It 1iitW cif 3A hi Iti ! II 4141 2 /Oili . g i iiiilili 8 t A I I 1 il LI 11 litihil- © ill i a i 1 ' !I !I e0 .t a3 • EXIIIBIT E . JRN-18-1994 15:41 METROPOLITAN COUNCIL 93% P.18 CONSENT l I/b MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Lease Agreement - Recreation Building - Shakopee Cub Scouts DATE: January 11, 1994 INTRODUCTION: Shakopee Cub Scout Pack #218 has approached City staff regarding utilizing storage space at the former Recreation Building. There is space presently vacant and available in the aforementioned Building. Staff would like to propose that the appropriate City officials be authorized to approve a lease agreement by and between the Shakopee Cub Scout Pack #218 and the City of Shakopee for storage space in the former Recreation Building at a rate of $1 . 00 per year with a 60 day cancellation provision. BACKGROUND: Approximately 1 year ago, the City of Shakopee received a similar request to lease space at the former Recreation Building from the Shakopee Boy Scouts . That lease was approved but never executed since the Boy Scouts were able to continue to utilize the Boy Scout Barn. Shown in Attachment #1 is a lease agreement that has been prepared for Council consideration. The lease agreement provides the City with a 60 day cancellation provision. It also includes the appropriate provisions that would limit the City' s liability. The attached agreement is identical to the one which had previously been prepared for the Shakopee Boy Scouts . Shown in Attachment #2 is a building design layout for the Recreation Building. Note that the City is presently leasing a portion of the building to C.S. McCrossen. (Mini By-Pass Contractor) I have highlighted the vacant area that is being requested for storage space by the Shakopee Cub Scouts . Access to the storage space for the Shakopee Cub Scouts will not impact the space being leased to C.S. McCrossen. Staff is recommending that the appropriate City officials be authorized to execute the lease agreement by and between Shakopee Cub Scout Pack #218 and the City of Shakopee for storage space in the former Recreation Building. ALTERNATIVES : i . Authorize the appropriate City officials to execute the lease agreement by and between Shakopee Cub Scout Pack #218 and the City of Shakopee for storage space in the former Recreation Building located at 129 Levee Drive . 2 . Amend the lease agreement and authorize the appropriate City officials to execute the lease agreement accordingly. 3 . Do not approve the lease agreement . 4 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Authorized the appropriate City officials to execute the lease agreement by and between Shakopee Cub Scout Pack #218 and the City of Shakopee for storage space in the former Recreation Building located at 129 Levee Drive . BAS/tiv Ails - 40 ( LEASE AGREEMENT Dated: , 1994 Lessor: City of Shakopee, Attention Dennis Kraft, City Administrator, 129 Holmes St . South, Shakopee, MN 55379 Tenant : Shakopee Cub Scout Pack 218 Attention: Larry Lane 1097 Jefferson Street Shakopee, MN 55379 Premises : That portion, as described more fully in Exhibit A attached hereto and incorporated herein, storage area of the building located at 100 Levee Drive, Shakopee, Minnesota, including reasonable ingress and egress . Rent : $1 . 00 per 12 months Term: 12 months, commencing on , subject to automatic renewal on a month-to- month basis or termination as set forth below. In consideration of the rents to be paid by Tenant, Lessor hereby leases to Tenant the above-described Premises for the above-described Term subject to the following conditions and mutual agreements: 1 . Monthly Rent . Tenant shall pay to Lessor the annual rent above set forth in advance on the first day of each and every year included within the Term. The rent as set forth above includes real estate taxes and utilities . Payments shall be made to Lessor by delivering same to the City Director of Finance. 2 . Operating Expenses . Tenant shall pay all the following expenses which become due or payable during the Term arising in connection with Tenant' s occupancy of the Premises : a. Property and casualty insurance covering the building and building contents located on the Premises, in amounts at least equal to the value of the building; b. Routine maintenance, upkeep and repair of the Premises, subject to normal wear and tear, but excluding any repairs or replacements of a capital nature; and c . Such other normal operating expenses as are necessary to keep the Premises in a tenantable condition suitable for Tenant' s present use and occupancy. 3 . Use. During the Term Tenant shall use the Premises for storage of Cub Scout equipment, and for no other purpose, in compliance with all applicable governmental laws, ordinances and regulations . Tenant shall commit no waste upon the Premises and shall not permit any nuisance to exist upon the Premises . Tenant agrees to observe such reasonable uniform rules and regulations as from time to time may be put in effect by Lessor for the general safety, security, comfort, and convenience of Lessor, its officers and employees, the general public, and occupants and tenants of the building. 4 . Inspection. Tenant shall give Lessor access to the Premises at all reasonable times, without charge or diminution of rent, to enable Lessor to examine the same and to make such repairs, additions and alterations as Lessor may deem advisable and to exhibit the Premises to prospective tenants, purchasers or others. 5 . Alterations . Tenant shall make no alteration of or additions to the Premises without the prior written approval of Lessor. 6 . Assignment . Tenant shall not assign this Lease or its rights hereunder or sublet the Premises or any part thereof without the prior written approval of Lessor. 7 . Damage . In case of damage to the Premises or to the Building by fire or other casualty, Tenant shall give immediate notice to Lessor, who shall thereupon cause the damage to be repaired with reasonable speed, at the expense of the Lessor, subject to delays which may arise by reason of adjustment of loss under insurance policies, and for delays beyond the reasonable control of Lessor. To the extent that the Premises are rendered untenantable, the rent shall proportionately abate, except in the event such damage resulted from or was contributed to by the act, fault, or neglect of Tenant, Tenant' s employees or agents, in which event there shall be no abatement of rent . In the event the damage shall be so extensive that the Lessor shall decide not to repair or rebuild, this Lease Agreement and Term shall, at the option of Lessor, be terminated as of the date of such damage by written notice from the Lessor to the Tenant, and the rent shall be adjusted to the date of such damage and Tenant shall thereupon promptly vacate the Premises . 8 . Liability. Tenant agrees that Lessor and its officers and employees shall not be liable to Tenant for any injury to persons or damage to or loss of personal property in the Premises unless such injury, damage, or loss is the result of the gross 2 negligence or willful acts of Lessor or its officers or employees, and Lessor and its officers and employees shall not be liable to Tenant for any such damage or loss, whether or not the result of their gross negligence, to the extent Tenant is compensated therefor by Tenant' s insurance . Tenant agrees to provide public liability insurance in an amount at least equal to the statutory limits for municipalities, to cover any liabilities which may relate to or arise out of Tenant' s use of the Premises . Tenant agrees to defend, indemnify, and hold Lessor harmless from any and all liabilities arising out of Tenant' s use of the Premises . 9 . Delivery Upon Termination. Upon the termination of this Lease Agreement and the said Term in any manner whatsoever, Tenant shall remove Tenant' s goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Premises to Lessor peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Lessor or Tenant, reasonable use and wear thereof, damage by casualty, and repairs which are Lessor' s obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease Agreement shall be considered abandoned and Lessor may dispose of the same as it deems expedient . 10 . Termination. Either party may terminate this Lease, with or without cause, by giving written notice thereof to the other party, specifying the effective date of such termination, which shall not be less than sixty (60) days after the date of such notice. 11 . Holding Over. Should Tenant continue to occupy the Premises after expiration of the Term, or after termination of the Term under the provisions hereof, such tenancy shall be from month to month on the terms and conditions of this Lease Agreement appropriate to a monthly term, and in no event from year to year or for any longer term without Lessor' s written agreement . Any holding over after the expiration of this Lease shall not operate to renew this Lease. 12 . Insolvency. If Tenant shall be adjudicated bankrupt, or petition for such adjudication, or a trustee or receiver of Tenant shall be appointed for insolvency of Tenant, or if Tenant shall make assignment for benefit of creditors, or if Tenant shall default in making its payments hereunder or any of them or in performing any of the other agreements, terms and conditions of this Lease, then, in such event, Lessor, in addition to all other rights and remedies available to Lessor, by law or by other provision hereof, may, without notice, re-enter immediately into the Premises and remove all persons and property therefrom, and at Lessor' s option, annul and cancel this Lease as to all future rights of Tenant, and Tenant hereby expressly waives the service of any notice in writing of intention to re-enter. Neither this 3 Lease nor any interest or estate hereunder shall pass to any trustee or receiver or assignee for benefit of creditors or otherwise by operation of law. Tenant further agrees that in case of any such termination Tenant will indemnify Lessor against all loss of rents and other damage which Lessor may incur by reason of such termination, including but not being limited to, costs of restoring and repairing the Premises and putting the same in rentable condition, costs of renting the Premises to another Tenant, loss or diminution of rents and other damage which Lessor may incur by reason of such termination, including reasonable attorneys' fees and expenses incurred in enforcing any of the terms of this Lease . Neither acceptance of rent by Lessor, with or without knowledge of breach, nor failure of Lessor to take action on account of any breach hereof or to enforce its rights hereunder shall be deemed a waiver of any breach, and no waiver or consent by Lessor shall extend to any other default or event . 13 . Breach. In the event of the breach by Lessee of any covenants or agreements of this Lease, then Lessee shall remedy said breach within ten (10) days after written notice thereof, and if said breach shall not be corrected within said ten (10) days, then Lessee shall vacate and relinquish possession of said Premises immediately upon the expiration of said ten (10) day period. Nothing herein shall be taken to excuse the Lessee from any damages occasioned by Lessee' s breach. 14 . Notices . Any notices required or contemplated hereunder shall be effective upon the placing thereof in the United States mails, registered or certified, return receipt requested, postage prepaid and addressed to the other party at the addresses stated above. Copies of such notices also shall be sent to the parties' respective attorneys at the addresses set forth below: Attorney for Lessor: Karen Marty, Esq. City Hall 129 Holmes St . South Shakopee, MN 55379 Attorney for Tenant : 15 . Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. 4 TENANT: LESSOR: SHAKOPEE CUB SCOUT PACK 218 CITY OF SHAKOPEE By By Its Mayor By Its City Administrator By Its City Clerk [LEASE.CUB] Attachment 5 x116,4- A ::..::. x .....,:: iT:'�T il:!.,: :::.: ` $ i:i gi:L•; i : � �•: :�: ::vT •^:' cei • . ia• : v!i ' � . ' l i }: 4 F \ / 044:Ve:OZ:01: 4014):: ::::;;t0PP Plbi4S11&. tShL Nei , c 111 *-Apt& • . ..... „ sisi,,,,:: ,:ii,,,,--:, \N., \\ x . , , ,N, , ,,, -1, \I: \'', .. :i - N6ksi% , , . . I� 1 . ligitiv e...,e,. ,LA. lit ir, . '410 k ill) we . 1001 icor.-d• -* .0N 11/46i? i, li: ''. -id ) J c� TOT\1SENT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Consenting to MWCC Easement DATE: January 4 , 1994 INTRODUCTION AND BACKGROUND: MWCC has obtained an easement from the property owner of Lot 3 , Block 1, Halo Second Addition for sanitary sewer purposes. Because the City obtained easements from the property owner in 1980 for sidewalk and emergency vehicle access, they are requesting the City to consent to their easement. (They originally requested that the City consent to making the City's easements subordinate to theirs, but they have changed the language at the request of the City Attorney. ) The Public Works Director has reviewed the consent agreement as well as the City Attorney. There appears to be no reason to object to signing the consent. RECOMMENDED ACTION: Authorize the proper city officials to execute the Consent of Sidewalk and Emergency Access Easement Holder to Sanitary Sewer Easements as requested by the Metropolitan Waste Control Commission (MWCC) for Lot 3 , Block 1, Halo Second Addition. z \1 0 F Q Q ____-z O U W O A lwors-! --.241111111 ,, u,..1 mi Inv g ==. WSW— U O kti 11' ,_, ci, H IMAM call 0 1-1 liti UM POE ._ Irj Q a 11•HOSeV 101 � "Main�-dH0.�dW © o6Q % imillia,3w d 11. 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CONSENT OF SIDEWALK AND EMERGENCY ACCESS EASEMENT HOLDER TO SANITARY SEWER EASEMENTS KNOW ALL MEN BY THESE PRESENTS that the undersigned being the holder and owner of a sidewalk easement dated September 29, 1980, and recorded on September 30, 1980, as Document No. 177793, and an emergency vehicle access easement dated September 29, 1980, and recorded on September 30, 1980, as Document No. 177792, in the office of the County Recorder in and for Scott County, Minnesota, covering the premises lying and being in Scott County, Minnesota, and described as Lot 3, Block 1, Halo Second Addition, according to the plat thereof on file and of record in the Office of the County Recorder, Scott County, Minnesota, in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby consents to the execution and delivery of those certain easements between the owners of said property and the Metropolitan Waste Control Commission, a duly constituted Metropolitan Agency created and organized pursuant to Minnesota Laws 1975, Chapter 13, Minnesota Statutes §473. 503, to wit: A permanent easement for sanitary sewer purposes and a temporary construction easement over, under and across Lot 3, Block 1, Halo Second Addition, according to the plat thereof on file and of record in the Office of the County Recorder, Scott County Minnesota, described as follows: Permanent Easement: A permanent easement for sanitary sewer purposes over, under and across the Westerly 15. 00 feet of the Easterly 30. 00 feet of said Lot 3, Block 1, Halo Second Addition, excepting therefrom the existing drainage and utility easement, as platted. Temporary Easement: A temporary construction easement for sanitary sewer purposes over, under and across the Westerly 20. 00 feet of the Easterly 50. 00 feet of said Lot 3, Block 1, Halo Second Addition, excepting therefrom the existing drainage and utility easement, as platted. Said permanent easement contains 1, 950 square feet, more or less. Said temporary construction easement contains 2, 600 square feet, more or less. Said temporary construction easement to expire on or before April 30, 1995. -1- IN WITNESS WHEREOF, the undersi_ned has caused this agreement to be duly executed this day of , 19_ City of Shakopee A Minnesota Municipal Corporation By Its By Its STATE OF } }ss COUNTY OF } On the day of , 19 , before me a notary public within and for said County, personally appeared respectively, named in the foregoing instrument, and that said instrument was signed on behalf of said City of Shakopee, A Minnesota Municipal Corporation, by authority of its City Council said City Council acknowledged said instrument to be the free act and deed of said Corporation. Notary Public DRAFTED BY: Jeanne K. Matross, Attorney License No. 68615 Metropolitan Waste Control Commission 230 East Fifth Street, Mears Park Centre St. Paul, Minnesota 55101 (612) 229-2108 -2- 7t 0 kl T0: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Accident Policy - Insurance DATE: January 10, 1994 Introduction Enrollment will be open during the month of January for the League's accident policy for council's, boards, commissions and committees. Background See attached memo from the League describing the policy. Council recently dropped workers compensation coverage for some of the below listed groups. Council could cover any or all of the following groups; Group Members Cost Council 5 $63.75 SFUC 3 38.25 Planning Commission 18 89.25 Community Development 12 89.25 Energy/Transportation 6 76.50 Cable commission 4 63.75 Board of Review 2 38.25 Building Code Board 1 51.00 Police Civil Service 4 38.25 Park & Recreation 12 89.25 637.50 Alternatives 1. Status Quo - no coverage. 2. Add accident coverage for any or all of the above groups. Recommendation In view of the Council's decision to drop workers compensation coverage and considering the belief that volunteers expect no compensation and that not having been any claims for compensation for many years, the action below is drafted to facilitate consent business by maintaining the status quo. If Council wishes to discuss and provide the coverage to any of the groups, Council should remove this item from the consent agenda and give staff direction and authority to obtain coverage. Action Move to maintain the status quo of not providing accident coverage to boards and commissions. BEEBE WEISE LI I 3490 Lexington Avenue North St.Paul,MN 55126.8044 League of Minnesota Cities (612)490-5600 December 6, 1993 To: City officials From: Peter Tritz ENROLLMENT WILL BE OPEN DURING THE MONTH OF JANUARY FOR LMCIT'S ACCIDENT POLICY FOR MEMBERS OF CITY COUNCILS AND OTHER CITY BOARDS, COMMITTEES AND COMMISSIONS. This accident coverage is provided by CIGNA, and provides a lower-cost alternative to workers compensation coverage. By statute, elected officials and officers appointed for a fixed term of office are covered by workers compensation only if the city has passed an ordinance or resolution to that effect. The accident coverage applies while the individual is traveling to or from a committee meeting, or while conducting other official business on behalf of and at the request of the committee. The coverage provides a $100, 000 accidental death benefit and a $400/week short-term benefit for total disability. While this accident policy was developed as a lower-cost alternative to providing workers compensation coverage, it is important to understand that the benefits are not equivalent to those of workers compensation. Some of the differences are that it does not include medical, rehabilitation, or retraining benefits; disability and death benefits are fixed, rather than being based on the individual's actual earnings; disability benefits are paid only for total disability, and for a maximum of 26 weeks; and the accident policy disability benefits may be taxable income to the individual. The city may provide coverage for any city boards, commissions, or committees it designates. However, all members of the respective board or commission must be covered; that is, the coverage cannot be offered on an individual choice basis. The cost of the accident coverage is $12 . 75 per person per year. (By comparison, LMCIT's 1994 minimum rate for workers compensation coverage for council members is $84 per person per year. ) The accident policy coverage year runs March 1 to February 28. Additional information and application forms are enclosed. For questions concerning the coverage or to put coverage into effect, contact Julie Seidlitz, The Brehm Group, 706 Second Avenue South, Suite 750, Minneapolis, MN 55402 ; (612) 339-7385. /accpol/pd / / E Attached is a print out showing the division budget status as of 12/29/93 for 1993 and 1/14/94 for 1994 based on data entered as of 1/13/94 date. The amount showing for 1994 unallocated is greatly overstated due to an incorrect posting that will be corrected. • 12/31/93 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,140 5,307 56,119 81 12 CITY ADMINISTRATOR 198,110 28,635 195,471 99 13 CITY CLERK 114,510 13,034 112,427 98 15 FINANCE 273,520 29,435 249,540 91 16 LEGAL COUNSEL 158,120 14,931 145,450 92 17 PLANNING 376,940 32,064 306,719 81 18 GENERAL GOVERNMENT BUILDINGS 119,426 28,222 127,309 107 31 POLICE ' 1,432,630 166,963 1,375,177 96 32 FIRE 255,820 21,020 240,212 94 33 INSPECTION-BLDG-PLMBG-HTG 165,804 21,002 151,397 91 41 ENGINEERING 342,720 38,374 285,972 83 42 STREET MAINTENANCE 688,710 70,663 570,582 83 44 SHOP 149,420 15,712 127,325 85 46 PARK MAINTENANCE 318,770 27,097 292,984 92 48 REFUSE COLLECTION 521,389 81,058 502,605 96 61 POOL 150,300 3,495 144,068 96 64 RECREATION 214,011 25,687 195,013 91 91 UNALLOCATED 1,142,645 628,726 1,132,822 99 TOTAL GENERAL FUND 6,691,985 1,251,425 6,211,192 93 17 PLANNING 360,860 45,963 325,137 90 TOTAL TRANSIT 360,860 45,963 325,137 90 12 CITY ADMINISTRATOR 64,870 8,539 52,559 81 TOTAL HRA 64,870 8,539 52,559 81 00 N/A 339,400 290,318 290,318 86 TOTAL CAPITAL EQUIP REVOLVING FUND 339,400 290,318 290,318 86 01/14/94 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,140 177 177 0 12 CITY ADMINISTRATOR 185,140 5,979 5,979 3 13 CITY CLERK 116,490 1,689 1,689 1 15 FINANCE 278,020 3,478 3,478 1 16 LEGAL COUNSEL 151,000 2,839 2,839 2 17 PLANNING 405,840 3,349 3,349 1 18 GENERAL GOVERNMENT BUILDINGS 114,460 1,298 1,298 1 31 POLICE • 1,332,050 27,072 27,072 2 32 FIRE 865,310 931 931 0 33 INSPECTION-BLDG-PLMBG-HTG 161,750 2,497 2,497 2 41 ENGINEERING 346,590 5,260 5,260 2 42 STREET MAINTENANCE 582,720 5,735 5,735 1 44 SHOP 103,120 1,683 1,683 2 46 PARK MAINTENANCE 289,940 2,472 2,472 1 48 REFUSE COLLECTION 513,550 0 0 0 61 POOL 150,300 579 579 0 64 RECREATION 200,010 2,671 2,671 1 91 UNALLOCATED 177,000 114,566 114,566 65 TOTAL GENERAL FUND 6,042,430 182,275 182,275 3 17 PLANNING 360,860 339 339 0 TOTAL TRANSIT 360,860 339 339 0 12 CITY ADMINISTRATOR 64,870 1,042 1,042 2 TOTAL HRA 64,870 1,042 1,042 2 ..a W W W W W W W W W W W W W W W W W W a E E E E E E F E E E F E E E F E E F Z 00 g 0 c0 a z 0 z 0 a W U as H N M .--r .T CO O. 0 .--i .--1 .--1 ---i .--1 .--1 .-I V1 .O .O r- O .-I .-4 0 -1 0 0 .-1 .-1 .-1 .--i .-1 .-1 .--i .-4 •-•.4 .--1 .-i . 1 ' rl .--I CO .-1 .-r e-1 r♦ ...4 .-d .-1 rl .-1 .--i r+ '--1 .-1 .-d .--1 Z 0 0 ON 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F-1 0 0 •-I 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 V1 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 It 0 .-1 u1 .O 0 0 •O .4 .-1 .--i .--I .-i 0 0 0 0 0 ON rc N 00 n 01 r♦ n N N N N N c`1 ('1 c"1 0 .-1 r` E N .-1 01 .--1 r- c'1 .-1 01 01 01 01 t"1 J .7 01 .O .O v.4 Z N .7 .T N 01 .T N .7 .7 .7 .7 -7 s s .7 -7 - N Z I I I 1 I I 1 I I i I I I 1 I I 1 1 0 0 r♦ rr N .a .O 0 .-I .-I r♦ .--1 r1 r♦ ..I e-.4 .-c rc N O - r♦ .-1 .--1 .--i ON, .-4 1.n N r- .-i c'1 r- .O 1c1 0 0 r1 U CO CA n 01 n .-1 00 .-1 .-1 .-1 c'1 (7 .-I .-d .-1 Cl 01 O1 < O. 0 0 0 0 0 O. 0 0 0 0 0 0 0 0 O. 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O1 CT = 0 .-1 .4 .-+ .-4 v. v.. v. e4 .--r .. .4 v. .-. .-. .-I .--1 r. .-4 .-. .--4 r. •--1 .-. .-. .-4 .-1 .-1 .--C .--I .� U 0 0-1 z .-4 N cn .7 H CO c0 CO co 0 x r- N- N Z U - .T t - 0 W ,T - - ,./- 0 7O S 0 0 0 0 U U 1 / 1 /. MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Appointments to Boards and Commissions DATE: January 13 , 1994 INTRODUCTION: The attached resolution has been prepared for City Council consideration for making appointments to expiring terms on city boards and commissions. The resolution already contains the names of applicants where there is no contest. BACKGROUND: At the January 4th City Council meeting nominations were made to boards and commissions to fill terms that are expiring on January 30th. As has been past practice, all applicants were nominated to the boards/commissions for which they applied. The Planning Commission, Shakopee Public Utilities Commission, and Police Civil Service Commission are the only commissions having more applicants than there are openings. Of the four applicants for Planning Commission (Terry Joos, Jane Dubois, Pat Dauenhauer, and Gary Morke) , the interview committee is recommending the appointment of Terry Joos and Jane Dubois. During the interviews, Mr. Dauenhauer indicated that he would be willing to serve on the Energy and Transportation Committee and the interview committee so recommends. During the interviews, Mr. Morke indicated that he would be willing to serve on the CDC and the interview committee so recommends. The interview committee also recommends Gloria Vierling to the SPUC and Stan Von Bokern to the Police Civil Service Commission. When the interview committee met with Mr. Morke, they were only aware of one other applicant for the two expiring terms on the CDC. The application from incumbent Charles Brandmire arrived that same day and was placed on the council table. Ms. Dirks has submitted her letter of resignation from the CDC creating a third opening. The interview committee recommends Mr. Morke to fill her unexpired term. According to Res. No. 2206, if there is more than one person nominated for an opening, Councilmembers shall write their preference on paper and sign their name. Attached is a ballot for Councilmembers for balloting for the openings for the Planning Commission, SPUC, and Police Civil Service Commission. (If the person receiving the most votes for a position does not have a majority vote of the Councilmembers present, there shall be a second vote between the top two candidates. ) RECOMMENDATION: Conduct balloting for the Planning Commission, SPUC, and Police Civil Service Commission. When it is clear which candidates have a majority of the votes for the openings, the attached resolution should be adopted inserting the appropriate names. The resolution already contains the names of applicants where there is no contest. Make appointments to the Board of Review for two years, 1994 and 1995 . RECOMMENDED ACTION: 1. Conduct balloting 2 . Offer Resolution No. 3942 , A Resolution Appointing Individuals to Various Boards and Commissions, and move its adoption. 3 . Discuss possible amendments to the appointment process and provide staff with direction accordingly. See attached. REVIEW OF 1993 APPOINTMENT PROCESS January 13 , 1994 i. November 3 , 1993 , Council announced that applications are now being accepted for expiring terms on city boards and commissions and directed staff to follow up with appropriate notices; moved to accept all applications for boards and commissions until the first council meeting in January, 1994, retaining the right to re- advertise if inadequate applications are received; and directed staff to contact all board and commission members whose terms are expiring inviting them to apply for reappointment. 2 . In addition to contacting incumbents, letters were sent to service clubs, notices were posted at city hall, county, library, post office, SPUC and the bank, and notices were published in the Shakopee Valley News. 3 . Recognizing the deadline of January 4 , the notice in the Shakopee Valley News encouraged interested residents to complete applications by December 28th. This was an attempt to have some information when the staff memo was generated for the Council meeting on January 4th. When the December 28th date had passed, and there were not applicants for all openings, staff called incumbents on the CDC, Cable, and Board of Review asking if they intended to apply. Subsequent to the staff memo for the January 4th meeting, Paulette Rislund, Steve Clay, Larry Moonen and Charles Brandmire indicated an interest in re-appointment. 4 . The Interview Committee interviewed candidates where there were more applicants than positions on January 4th: Planning Commission, SPUC, and Police Civil Service Commission. Mr. Brandmire and Mr. Albinson were not scheduled for interviews because there was no contest until January 4th when Mr. Brandmire's application was received for re-appointment to the CDC. 5. Todate we have received insufficient applications to fill the openings on the Energy and Transportation Committee. DISCUSSION: Each year we continue to refine the recruitment and appointment process as we encounter new situations. Sometimes we get insufficient applicants and have to extend the dead line, sometimes we get sufficient applicants but with some missing the deadline, sometimes we have extended the deadline to the last possible time (date of appointment) , etc. This year, because the interview committee met before the nominations were made, they were unaware of the applications received after the staff memo was generated on December 30th which resulted in three applicants for two openings on the CDC, at that time. Lack of this knowledge precluded the interview committee from discussing with these applicants other possible committee positions. Today I received the attached resignation from Ms. Dirks from the CDC. This creates a third opening on the CDC. We are now in a situation where the Review of 1993 Appointment Process January 13 , 1994 Page -2- number of vacant positions on the CDC matches the number of applicants. Our appointment process starts with declaring openings in November, advertising in December with a deadline the first Tuesday in January, nominations and appointments in January, with candidates taking office in February. This timing, I believe, may be causing some difficulty in a smooth process. December may not be a good time for people to be considering applying for a board or commission. Either they set the matter aside because it is too early to think about and then forget, or, if they learn about it toward the end of the month, they may be to busy with the holidays. RECOMMENDATIONS: We can continue with the current policy and continue to make adjustments as they become necessary, or, Council may wish to consider the following changes: 1] Push the process back a month so that new applicants take office the 1st of March and advertising is done in January after the holidays. (City Code would need to be amended to facilitate this change. ) 2] City Council provide staff with the names of individuals they wish to be invited to apply. Staff could then send out letters to these individuals. 3] Conduct interviews after nominations are made by City Council. 4] During the interview process, discuss with candidates other openings, so that the options are open to appoint candidates where City Council feels would be in the best interest of both the applicant and the community. * * * * * January 18, 1994 Ballot for Appointments to Boards and Commissions Planning Commission Board of Adjustment and Appeals (vote for 2) Pat Dauenhauer Jane Dubois Terry Joos Gary Morke Shakopee Public Utilities Commission (vote for 1) Terry Joos Gloria Vierling Police Civil Service Commission (vote for 1) Gary Morke Stan Von Bokern Councilor JAN 14 '94 10:39AM SHAKOPEE CHAMBER P.2 • January 13, 1994 Dear: Mayor Laurent, Council Members, Dennis Kraft Please accept my resignation from the Community Development Commission. Due to my duties as a newly elected Council member, I feel I cannot committ to serving on both. Sincerely ! , - ris Dirks JAN-14-1994 09:39 612 445 1669 P.02 RESOLUTION NO. 3942 A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT THE FOLLOWING APPOINTMENTS ARE HEREBY MADE: 1. and are appointed to the Planning Commission and Board of Adjustments and Appeals for four year terms expiring January 31, 1998 . 2 . Gene Juergens is appointed to the Housing Advisory & Appeals Board and the Building Code Board of Adjustments and Appeals for a three year term expiring January 31, 1997. 3 . Pat Dauenhauer is appointed to the Energy & Transportation Commission for a three year term expiring January 31, 1997 . 4 . Eldon Reinke, Richard Marks and Steve Clay are appointed to the Board of Review for 1994 and 1995. 5. Larry Moonen is appointed to the Community Access Corporation Board of Directors and the Cable Communications Advisory Commission for a three year term expiring January 31, 1997 . 6. Jon Albinson and Charles Brandmire are appointed to the Community Development Commission for three year terms expiring January 31, 1997 . 7 . Gary Morke is appointed to the Community Development Commission to fill the unexpired term of Kristen Dirks until January 31, 1996 . 8. is appointed to the Shakopee Public Utilities Commission for a three tear term expiring January 31, 1997 . 9 . is appointed to the Police Civil Service Commission for a three tear term expiring January 31, 1997 . 10. Anne Seifert and Paulette Rislund are appointed to the Park & Recreation Advisory Board for three year terms expiring January 31, 1997 . Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 18th day of January, 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney ONSEth N TO: Dennis R. Kraft, City Administrator FROM: Dave Hutton, Public Works Director Gregg Voxland, Finance Director RE: Fuel Storage Tanks at Public works DATE: January 12, 1994 Introduction Council has previously discussed the replacement of the underground fuel storage tanks at Public Works. Staff has prepared specifications in preparation for bidding the project. Background The city currently has five underground storage tanks. They are due for replacement by 1998 according to EPA regulations. Council took out additional pollution insurance last year over concerns of leakage from the aging single wall steel tanks. Staff has gathered some information on advantages of above ground versus underground tanks. At this point staff recommends underground fuel storage tanks because of cost (estimated $20,000 less) , fire safety, aesthetics, vandalism and weather protection, more stable temperature (product loss and vapor control) and fewer regulatory requirements on the tanks themselves. Most municipal tank replacements are underground installations. The above ground sites that staff has seen or is aware of have been small tanks in the range of 1,000 to 3,000 gallons. The gasoline tank for Shakopee is currently a 10,000 gallon underground tank. For an above ground installation it would have to be 12,000 gallons to accommodate transport load deliveries which are cheaper. This size tank would be 8' wide, 9' high and 35' long or would be an upright cylinder 12' in diameter and 21' high. The specifications are drafted to supply an in shop 300 gallon double wall steel tank for waste oil and two underground double wall fiberglass tanks for fuel storage, 4,000 gallons for diesel and 10,000 gallons for gasoline. Existing diesel pump and fuel charge out system will be reused. The underground tanks will have a 30 year warranty and leak monitoring between the two walls. Above ground tanks were previously discussed at the Council table but based on the information gathered the draft specifications do not include above ground tanks as an option. If Council wants to get bids on above ground tanks it is suggested that such direction be given to staff. Copies of specifications are available upon request. Action Requested Move to authorize the advertising for bids for the replacement of undetyLound fuel storage tanks. - Illi.♦ MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: 1994 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee - Res . No. 3933 DATE: January 11, 1994 INTRODUCTION: On Tuesday, January 11, 1994 the Shakopee City Council discussed various aspects of the 1994 pay plan for the officers and non-union employees of the City of Shakopee . Staff would like to propose that several compensation issues be taken care of relative to the officers and non-union employees of the City of Shakopee at this time. BACKGROUND: On January 11, 1994 the Shakopee City Council reviewed several pay plan options for the officers and non-union employees of the City of Shakopee . Much of the discussion on January 11, 1994 centered around the wage compensation portion of the pay plan. Council directed staff to develop a wage compensation schedule that included a base increase and the development of a pay for performance program. To develop such a program will require additional research by staff . Staff is optimistic that a draft wage schedule can be prepared for Council consideration in late February or early March. On January 11, 1994 there seemed to be some general consensus regarding the proposed City contribution for health and life benefits, seasonal employee cost of living increase (3%) and the 1994 Firefighters and Elected Officials pay schedule. Rather than waiting until the wage portion of the pay plan is developed, staff would like to recommend that Resolution No. 3933 be adopted. Resolution No. 3933 provides for the following: 1 . A $20 . 00 per month increase in the health and life insurance contribution. This is consistent with what all other City bargaining units have been offered. 2 . A 3% increase in seasonal employee salaries . 3% is once again consistent with what has been provided to all other bargaining units . 3 . Adoption of the Elected Officials and Fire Department salaries (No change from 1993) . 4 . The provision of a uniform allowance for the Police Chief and Deputy Police Chief consistent with what was provided for in 1993 . 5 . Provision of a uniform allowance for the Public Works Foreman consistent with what is provided to Public Works Employees . Resolution No. 3933 also specifies that the benefits described therein shall be made effective retroactive to January 1, 1994 . When the wage schedule is developed and presented to City Council in March, it will be necessary at that time to amend the Resolution proposed herein providing for the yet to be determined wage schedules . ALTERNATIVES : 1 . Offer Resolution No. 3933, A Resolution Adopting the 1994 Pay Schedule for the Officers and Non-union Employees of the City of Shakopee, and move its adoption. 2 . Do not approve Resolution No. 3933 . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Offer Resolution No. 3933 , A Resolution Adopting the 1994 Pay Schedule for the Officers and Non-union Employees of the City of Shakopee, and move its adoption. BAS/tiv RESOLUTION NO. 3933 A RESOLUTION ADOPTING THE 1994 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Administrator is hereby authorized to issue warrants upon the City Treasury from and after January 1, 1994, payable to the duly elected officials and appointed non-union employees of the City of Shakopee, in accordance with the attached 1994 Pay Schedule, with an effective date of January 1, 1994. BE IT FURTHER RESOLVED, that the City contribution for health, life, long term disability and/or individual health care accounts as may be provided by Council, shall be no more than $306. 66 per month per employee effective January 1, 1994 . BE IT FURTHER RESOLVED, that all Resolution in conflict with this Resolution are hereby repealed and terminated effective January 1, 1994 . Adopted in Adjourned Regular Session of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney 1994 PAY SCHEDULE JANUARY 1, 1994 POSITIONS ELECTED OFFICIALS SALARY AUTHORIZED Mayor $6, 120 ...2/year 1 Councilpersons $5, 100 . 12/year 4 NON-UNION EMPLOYEES See attached 1994 Pay Plan Fire Chief $3, 000 . 00/year 1 Ass' t Fire Chief (1st) $1, 500 . 00/year 1 Ass' t Fire Chief (2nd) $1, 300 . 00/year 1 Fire Department Engineer $2, 400 . 00/year 1 2nd Engineer $2, 000 . 00/year 1 3rd Engineer $1, 000 . 00/year 1 4th Engineer $1, 000 . 00/year 1 1st Captain $2, 000 . 00/year 1 2nd Captain $ 740 . 00/year 1 3rd Captain $ 740 . 00/year 1 4th Captain $ 740 . 00/year 1 Firemen $ 7 . 50/hour 41 Misc. Temporary Employees from $ 4 . 06/hour N/A to $ 13 . 53/hour 1994 PAY PLAN NOTES 1. City contribution for health, life and disability insurance shall be increased by $20.00 per month resulting in an increase from $286. 66 per month to $306. 66 per month. Employees selecting single coverage will continue to receive reimbursements. They shall also receive additional $20. 00 per month increase to be applied. to their health, life and disability costs or as cash on a quarterly basis in conjunction with payroll. 2 . Temporary/Seasonal employee salaries are to be increased 3% for 1994 . 3 . There will be no change in the Elected Officials or Fire Departments salaries for 1994. 4. The City of Shakopee's 1994 Pay Plan shall be made retroactive to January 1, 1994 . If the City of Shakopee's Pay Plan is found to be out of compliance, further adjustments to the 1994 Pay Plan may be proposed in 1994 . 5. The Police Chief and Deputy Police Chief shall receive a uniform allowance of $450. 00 per year. 6. The Public Works Foreman shall receive the same uniform allowance provisions as the Public Works Employees. 112 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne ,4I 7 DATE : January 13, 1994 RE: Murphy' s Landing Lease BACKGROUND: Attached is a draft extension of the present lease . On December 21, 1993, the City Council directed staff to execute an extension on the City' s behalf . That lease extension has been prepared. On January 11, 1994, the City Council agreed to a second extension, but did not direct staff to sign it . ALTERNATIVES : 1 . Direct the appropriate City officials to enter into an extension of the Murphy' s Landing lease until February 28, 1994 . 2 . Do not approve the lease extension. RECOMMENDATION: Direct the appropriate City officials to enter into an extension of the Murphy' s Landing lease until February 28, 1994 . KEM:bjm [13MEMO] Attachment ADDENDUM TO AGREEMENT FOR THE OPERATION AND MANAGEMENT OF MURPHY' S LANDING Whereas, on March 21, 1989, the City of Shakopee and Minnesota Valley Restoration Project, Inc. , entered into a five year agreement for the operation and management of Murphy' s Landing; and Whereas, on December 21, 1993 , the City Council directed staff to prepare and sign an extension on behalf of the City; and Whereas, that agreement will expire on January 31, 1994 ; and Whereas, both parties now desire to extend the lease until February 28, 1994 , in order to give them time to explore various options and, if appropriate, negotiate a satisfactory new agreement . Now, therefore, it is agreed by and between the parties hereto as follows : That the Agreement for the Operation and Management of Murphy' s Landing, entered into between the City of Shakopee and Minnesota Valley Restoration Project, Inc. on March 21, 1989, is hereby amended to extend the termination date to February 28, 1994 . Dated this day of , 1994 . THE CITY OF SHAKOPEE MINNESOTA VALLEY RESTORATION PROJECT, INC. By By By By By By [13 MEMO] MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne 4 DATE: January 13, 1994 RE: Zoning Ordinance BACKGROUND: The Planning Commission has been diligently reviewing the proposed new zoning ordinance. On January 13 , 1994, they completed their review. I hope to prepare two versions for your review: a "clean" copy, as the ordinance would appear if adopted as is; and a marked-up copy, showing the changes from the original draft that are being recommended. These cannot be completed prior to your meeting on Tuesday, January 18 . They can be prepared within a week. ALTERNATIVES: 1 . Take no action. 2 . Schedule a committee of the whole meeting to discuss the zoning ordinance. Select a date on or after January 24, 1994 (because the ordinance can be distributed by January 21st) . RECOMMENDATION: Select a date on or after January 24, 1994 , for a committee of the whole meeting to discuss the draft zoning ordinance . [14MEMO] • CONSENT ) 4),a) MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE : Premises Permit for Knights of Columbus #1685 DATE: January 10, 1994 INTRODUCTION & BACKGROUND: The Knights of Columbus #1685 desires to renew their premises permit to sell pull tabs at their hall . They meet the requirements of the City Code relating to gambling. RECOMMENDED ACTION: Offer Resolution No. 3937, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the Knights of Columbus #1685, and move its adoption. RESOLUTION NO. 3937 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PREMISES PERMIT FOR THE KNIGHTS OF COLUMBUS #1685 WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, Knights of Columbus #1685 is seeking renewal of their Premises Permit at the Knights of Columbus Hall, 1760 East 4th Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the Premises Permit for the Knights of Columbus #1685, at the Knights of Columbus Hall, 1760 East 4th Avenue, Shakopee, Minnesota, be approved. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 18th day of January, 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney COBEJi1JO MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney01 DATE : January 13 , 1994 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 . Various property owners have asked us to adopt their reassessments without going through the full process . I prepared a Waiver for each property owner, and have just received those attached. ACTION REQUESTED: Offer Resolution No. 3q yy, a Resolution reassessing certain property, and move its adoption. [13 MEMO] RESOLUTION NO. A RESOLUTION OF THE CITY OF SHAKO?EE, 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 parcels of property identified in the Waivers of Reassessment Hearing and Appeal attached hereto and incorporated herein as Exhibit A are hereby reassessed at the amount indicated 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 , 1994 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: - , " 1. z' CityAttorney Y [13 MEMO] // WAIVER OF REASSESSMENT HEARING AND APPEAL We are Curtis D. Johnson and Debra Johnson, and we own properties identified as Parcel Nos . 27-004149-0 and 27-004149-1 . These properties were the subject of improvements and special assessments under Minn. Stat . Chapter 429 . We appealed these assessments . These assessments were either determined to be excessive or were set aside by a court of competent jurisdiction, and new assessments ordered not to exceed $8, 826 . 94 . We are requesting the City Council to find that these assessments in excess of $8, 826 .94 are excessive . We waive notice and hearing as provided for the original assessments as follows : We specifically waive the right to a public hearing prior to levying of the reassessments on our properties . We further voluntarily waive all rights to appeal these reassessments under Minn. Stat . Sec. 429 . 071, Subd. 2 . We understand that by signing below we waive the right to appeal and later challenge the amount of these special assessments . Dated this 30 day of December, 1993 . Curti s DJ son . Debra Johnson State of Minnesota) ) ss . County of Scott On this t day of December, 1993, before me personally appeared CURTIS D. JOHNSON AND DEBRA JOHNSON, who, being duly sworn, did say that this instrument was executed as their free act and deed. NEOSTAD � \ple NOTARERY PUBLIC.EA. RMG1NNESOTA Y OC'ry/11 ( CARVER COUNTY Not ry Public 7 My Commission Expires Jan.31,2000 = WAIVER OF REASSESSMENT HEARING AND APPEAL I am Melvin Hennes, and I own property identified as Parcel No. 27-004097-0 . 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 $16, 928. 00 . I am requesting the City Council to find that the assessment in excess of $16, 928 . 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. I 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 / 7. day of December, 1993 . Melvin Hennes State of Minnesota) ) ss . County of Scott ) On this /'y`�' day of December, 1993, before me personally appeared Melvin Hennes, who, being duly sworn, did say that this instrument was executed as his free act and deed. ze;d: 7eq e44) No Public H\HENNES.M\WAIVER JUDITH K. RIECK NOTARY PUILIC—MINNESOTA SCOTT COUNTY My commission expires 1-18-99 WAIVER OF REASSESSMENT HEARING AND APPEAL I am Albert Rybak, and I own properties identified as Parcel Nos . 27-004098-0 and 27-004094-0 . These properties were the subject of improvements and special assessments under Minn. Stat . Chapter 429 . I appealed these assessments . These assessments were either determined to be excessive or were set aside by a court of competent jurisdiction, and new assessments ordered not to exceed $5, 986 .55 (PID 27-004098-0) and $4, 697 .13 (PID 27-004094-0) . I am requesting the City Council to find that these assessments in excess of $5, 986 .55 (PID 27-004098-0) and $4, 697 .13 (PID 27-004094-0) are excessive . I waive notice and hearing as provided for the original assessments as follows : I specifically waive the right to a public hearing prior to levying of the reassessments on my properties . I further voluntarily waive all rights to appeal these reassessments 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 these special assessments . Dated this L/ day of December, 1993 . • Albert Rybak State of Minnesota) ) ss . County of Scott On this day of December, 1993 , before me personally appeared ALBERT RYBAR, who, being duly sworn, did say that this instrument was executed as his free act and deed. JUDITH K. RIECK NOTARY PUILIC—MINNESOTA �1/ SCOTT COUNTY fel �e� �''. M.1 commission expires 1-18-99 N tary Public