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HomeMy WebLinkAbout02/15/1994 TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 15, 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] Recess for H.R.A. Meeting 4 ] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approve Minutes of January 11th, 18th, 25th, and 26th, 1994 10] Communications: 11] Public Hearings: None 12 ] Recommendations from Planning Commission: *a] Don McKush Registered Land Survey - Res. No. 3950 *b] 1993 Annual Report of the Board of Adjustment and Appeals and the Planning Commission c] Preliminary Plat of Calvary Addition lying S of Vierling Drive and near Emerald Lane - Res. No. 3953 d] Rezoning Request for Homestead Ridge lying E of CR-79 and S of Mint Circle - Ord. No. 371 e] Preliminary Plat for Homestead Ridge Lying E of CR-79 and S of Mint Circle - Res. No. 3951 f] Eagle Creek Bluff Planned Unit Development *g] Vacation of Alley N of Pablos Restaurant - Res. No. 3941 h] Policy on Complete Submittals 13] Reports from Staff: a] Lease for Murphy's Landing *b] McKenna Road TENTATIVE AGENDA February 15, 1994 Page -2- 13 ] Reports from Staff continued: *c] Hepatitis B Vaccinations *d] Interfund Transfers for 1993 *e] Approve Bills in the Amount of $362 ,427 . 39 f] Downtown Alley Project *g] Application for Tattoo License 14] Resolutions and Ordinances: *a] Res. No. 3955 - Appreciation to American Legion *b] Ord. No. 372 - Moving Appointment Process for Boards & Commissions Back A Month *c] Res. No. 3959 - Approving Premises Permit for American Legion *,d] Res. No. 3957 - Ordering Report for Improvements to: Viking Steel Road from 4th to CR-16, Unnamed St. West of Viking Steel Road, 4th Ave. from Shawnee Trail to Viking Steel Road *e] Res. No. 3956 - Ordering Report for Improvements to CR-16 from CR-17 to CR-83 f] Res. No. 3958 - Receiving Report and Ordering Hearing on Improvements to Vierling Drive from CR-15 to Polk Street, Project 1994-7 g] Res. No. 3946 - Receiving Report and Ordering Plans & Specs for 11th Avenue Storm Sewer Laterals, Project 1994-6 *h] Res. No. 3960 - Setting Reassessment Hearing for 2nd Avenue, Project 1991-3 15] Other Business: a] b] C] Imsv 16] Recess for an Executive Session to discuss matters covered under the attorney-client privilege 17] Re-convene 18] Adjourn Dennis R. Kraft • City Administrator Upcoming Meetings: 2-16-94 4 : 00 p.m. Committee of the Whole - Zoning Ordinance 3-01-94 4 : 00 p.m. Committee of the Whole - Zoning Ordinance 3-08-94 7 : 00 p.m. City Council 3-22-94 7 : 00 p.m. City Council MEMORANDUM TO: Honorable Mayor and City Councilors FROM: Dennis R. Kraft, City Administrator SUBJECT: Non-Agenda Informational Items DATE: February 10, 1994 1. Attached is a letter from Minnegasco giving an update on their pending rate case. 2 . Attached is a copy of a letter from Dan Jobe, Scott County, to the Lower Minnesota Watershed District in response to their concerns regarding drainage from CSAH-18 towards Dean's Lake. 3 . Attached is a copy of a letter from Mr. Hutton to Scott Merkley, Scott County Hwy. Department, regarding the City's opposition to draining stormwater runoff from CSAH 18 into Dean's Lake. 4 . Attached is a letter from James Terwedo, Scott County Attorney, thanking City Council for the opportunity to make a presentation on the proposed curfew ordinance for Scott County. 5. Attached is a memo from Karen Marty, City Attorney, comparing the City curfew ordinance with the Scott County curfew ordinance. 6 . Attached is a memo from Tom Steininger, Chief of Police, commenting on the proposed Scott County curfew ordinance and comparing it to the City's curfew ordinance. A public hearing on the proposed curfew ordinance is being scheduled for March 22nd. 7 . Attached is a memo from Gregg Voxland, Finance Director, comparing the cost for utility billing software between LOGIS and the City of Minneapolis. 8 . The 1994 Board of Review has been set for May 10, 1994 at 7 : 00 p.m. Bob Sweeney and Joan Lynch have agreed to be on the Board of Review along with Eldon Reinke, Dick Marks and Steve Clay. 9 . Attached is the building activity report for January 1994 . Non-Agenda Informational Items February 10, 1994 Page -2- 10. Attached are the Minutes of the Shakopee Public Utilities Commission for January 3 , 1994 . ii. Attached are the Minutes of the Shakopee Public Utilities Commission for January 10, 1994 . 12 . Attached is the revenue and expenditure report. 13 . Attached are the Minutes of the Planning Commission and Board of Adjustments and Appeals for February 3 , 1994 . 14 . Attached is a memo from Barry Stock, Asst. City Administrator, regarding the community youth building. 15 . Attached is a memo from Fulton Schleisman, Building Official, to Barry Stock regarding Housing Code/Enforcement. 16. Attached is a letter from Barry Stock, Asst. City Administrator, to Mr. Cliff McCann, Scott County Administrator, regarding the St. Francis Hospital and issues to be considered by the County in their potential acquisition analysis. MInnegascos A Division of Arkla,Inc. 0 • January 28, 1994 Dennis Kraft City Administrator 129 S Holmes Shakopee, MN 55379 Dear Mr. Kraft: In an effort to keep you informed about energy issues that affect the residents and businesses in your community, I wanted to give you the latest "update" on Minnegasco's pending rate case. As you may recall, on November 5, 1993, Minnegasco filed a request for new rates (3.6% increase) with the Minnesota Public Utility Commission (MPUC). UponThe effectnsir this the rate MPUC on January 13, 1994 approved a 2.3% interim rate increase. change is outlined in the attached notice. In addition, Minnegasco has included a copy of the MPUC's Notice and Order for Hearing. Of course, the impact on any one particular customer will vary with their actual gas usage. In addition, the extremely cold temperatures that we have been experiencing, has greatly increased usage and is sure to push the January bills higher than "normal". At Minnegasco, we know that keeping you informed about these important issues is critical for helping you respond quickly to your constituents energy related concerns. In the future, if you have questions, or would like additional information about this or any other energy related matter, please don't hesitate to call me. Sincerely, Q/1L41 I\J- /Y mi 55 U Arne Hendrickson Program Manager, Local Government Relations (612) 342-5375 or 1-800-234-5800 (ex 5375) 201 South Seventh Street Minneapolis,MN 55402 BEFORE THE MINNESOTA PUBLIC- UTILITIES COMMISSION Don Storm Chair Tom Burton Commissioner Marshall Johnson Commiss'ioner Cynthia A. Kitlinski Commissioner Dee Knaak Commissioner • In the Matter of the Application ISSUE DATE: January 26, 1994 of Minnegasco, a Division of Arkla, Inc . for Authority to DOCKET NO. G-008/GR-93-1090 Increase its Rates for Natural Gas Service in the State of Minnesota NOTICE AND ORDER FOR HEARING PROCEDURAL HISTORY I . Proceedings To Date On November 5, 1993 , Minnegasco, a Division of Arkla, Inc. (Minnegasco or the Company) filed a petition seeking a general rate increase of $22 , 772 , 000 or approximately 3 . 6 percent, effective January 4 , 1994 . Knowing that the Commission generally suspends proposed rate schedules and orders a contested case proceeding on those proposals, the Company also proposed an interim rate schedule to be effective on January 4 , 1994 . The interim rates would increase present revenues by $16, 864, 000 or approximately 2 . 67 percent . On November 8 , 1993 , the Commission issued a memorandum asking interested persons to file comments on whether the Commission should accept the filing as substantially in compliance with applicable filing requirements and whether the matter should be referred to the Office of Administrative Hearings for contested case proceedings . On November 19, 1993 , the Minnesota Department of Public Service (the Department) filed its comments recommending that the Commission reject the Company' s filing as incomplete . On November 22, 1993 , Minnegasco filed schedules showing changes to filed expense amounts that resulted from the Commission' s decision regarding certain accounting issues in the Company' s previous rate case , Docket No. G-008/GR-92-400 . On November 30, 1993 , Minnegasco filed a Reply to the Department' s _Comments of November 19, 1993 .. . 1 ission On December 9 , 1993 , the day the themCompanymet filed a supplement adequacy of Minnegasco' s filing, to its case . On December 14 , 1993 , the Department filed its Comments on the Company' s December 9, 1993 supplemental filing. On December 16 , 1993 , the Commission issued its ORDER FINDING FILING INCOMPLETE based on its December 9, 1993 review of the matter. In its Order, the Commission noted that the Company' s December 9 , 1993 filing was untimely filed for consideration on that day and that without the supplement its filing was incomplete . The Commission did not speculate on the effect of the supplemental filing and reserved review of that filing for a later date. On December 21, 1993 , the Commission met and took up this matter once again. On January 26 , 1994 , the Commission issued its ORDER ACCEPTING FILING AND SUSPENDING RATES in this matter. FINDINGS AND CONCLUSIONS II. Jurisdiction and Referral for Contested Case Proceedings The Commission has jurisdiction over proposed rate changes under Minn. Stat . § 216B .16 (1992) . If the Commission is unable to resolve all significant issues regarding the reasonableness of the proposed rates on the basis of the filing itself, the Commission is to refer the matter to the Office of Administrative Hearings for contested case proceedings . Minn. Stat . § 216B. 16 , subd. 2 (1992) . The Commission finds that it cannot satisfactorily resolve all questions regarding the reasonableness of the proposed rates on the basis of the Company' s filing. The Commission will therefore refer the matter to the Office of Administrative Hearings for contested case proceedings. 2 III. Proposed Rates The Company proposes rate increases by customer class as follows : Minnegasco-Northern Customer Class Test Year Change from Change from Revenue @ Present Rates Present Rates Present Rates , • (in $000s) (in $000s) (in %) Residential $ 362, 795 $ 18,227 5. 0% Commercial & Industrial 183, 602 1, 583 . 9% Large Volume C&I 1,437 (66) (4 .6%) Small Dual Fuel 45,458 2, 365 5 . 2% Large Dual Fuel 36, 694 545 1 . 5% totals $ 629, 986 $ 22, 654 3 . 6% Minnegasco-Viking Customer Class Test Year Change from Change from Revenue @ Present Rates Present Rates Present Rates (in $000s) (in $000s) (in %) Residential $ 426 $ 32 7.5% Commercial & Industrial 257 22 8 .6% Small Dual Fuel 101 10 9. 9% Large Dual Fuel 21 1 4 . 8% totals $ 805 $ 65 8 . 1% IV. Issues to be Addressed Parties shall address the following issues in the course of the contested case proceedings ordered herein: - cost allocation between regulated and non-regulated services*; - the used and usefulness of the combined peak-shaving facilities, considering additional alternative capacity available or acquired through the recent exchange of properties with Midwest Gas; - the request to consolidate rates and PGAs and the impact on current Minnegasco customers; . _ - the recovery of the acquisition adjustment and if so from which customers*; 3 the Company' s capital structure and the cost of capital* ; • the level of manufactured gas plant (MGP) clean-up costs; _ compressed natural gas (CNG) vehicle asset and expenses; - incentive compensation* ; sand - external funding of post-retirement benefits other than pensions (PBOPS) . The parties may also raise and address other issues relevant to the Company' s proposed rate increase. In Minnegasco' s recent rate case, many important issues were reviewed only in the to context of a proposed Settlement . The Commission would prefer review several of these issues totally request ithatnthe this rate case . Therefore, the items in the foregoing list that atlare e market in dhhis thaaneasterisk (*) not be part of any proposed a V, Procedural Outline A. Administrative Law Judge The Administrative HisLaw adddessge aandgtelephonethis number are as Richard C. Luis . Suite 1700, follows : Office °f aministrative Minneapolis,HMinnesota 55401-2138 ; 100 Washington Square (612) 349-2542 . B. Hearing Procedure Hearings in this matterwill Act be MinnndStata §� 14c57a14C62w (1992) e Administrative Procedure the rules of the Office of Administrative Hearings, Minn. Rules, parts 1400 . 5100 to 1400 . 8400; ach, to the e CommissionestRules ofthey Practice not superseded by those rules, and Procedure, Minn. Rules, parts 7830 . 0100 to 7830 .4400 . Copies of these rules and statutes may be purchased from the Print 117 Communications Division of the Department of Adminiistration, University Avenue, St . Paul, Minnesota 55155; -3000 . Under these rules parties may be represented by counsel, may appear on their own behalf, or may be represented by another person of their choeofu'lawss They have theotherwise hrbightdtosthe present unauthorized practice evidence, conduct cross-examinattion, and 7000e writtentheyyandtarn argument . Under Minn. Rules, part subpoenas to compel the attendance of witnesses and the production of documents . _. 4 i • Any party intending to appear at the hearing must file a notice of appearance (Attachment A) with the Administrative Law Judge within 20 days of the date of this Notice and Order for Hearing. Failure to appear at the hearing may result in facts and issues being resolved against the party who fails to appear. Parties should bring to the hearing all documents, records, and witnesses necessary to support their positions. They should take note that any material introduced into evidence may become public data unless a party objects and requests relief under Minn. Stat. § 14 .60, subd. 2 (1992) . Any questions regarding discovery under Minn. Rules, parts 1400 . 6700 to 1400 . 6800 or informal disposition under Minn. Rules, part 1400 . 5900 should be directed to Margie Hendriksen, Special 1 Assistant Attorney General, 121 7th Place East, Suite 350, St. Paul, Minnesota 55101-2147, (612) 296-0410 . The times, dates, and places of public and evidentiary hearings in this matter will be set by order of the Administrative Law Judge after consultation with the Commission and intervening parties. C. Intervention Persons wishing to become formal parties to this proceeding shall promptly file petitions to intervene with the Administrative Law Judge. They shall serve copies of such petitions on all current parties and on the Commission. Minn. Rules, part 1400 . 6200. D. Prehearing Conference A prehearing conference will be held in this matter on Tuesday, February 1, 1994 at 9 :30 a.m. in the Large Hearing Room, Public Utilities Commission, 1217th Place East, Suite 350, St. Paul, Minnesota 55101. Persons participating in the prehearing conference should be prepared to discuss the standard issues of time frames, scheduling, discovery procedures, and similar issues. S. Time Constraints The Commission is required to act on the Company's filing within ten months, or the proposed rates are deemed approved. Minn. Stat. § 216B.16, subd. 2 (1992) . This ten-month period can be extended for two months, if the parties submit a settlement which is rejected by the Commission. Minn. Stat. § 216B. 16, subd. 2 • (1992) . The Commission asks the Office of Administrative Hearings to conduct Contested case proceedings in light of these time constraints and requests .that the Administrative Law Judge submit his final report by August 8, 1994,__ to allow the Commission adequate opportunity for thorough consideration of the case. 5 VI. Application of Ethics in Government Act The lobbying provisions of the Ethics in Govgenernmeal nt Ace t, Minn. Stat . §§ 10A. 01 et seq. (1992) , apply Persons appearing in this proceeding may be subject to registration, reporting, and other requirements set\forth in that Act . All persons appearing in this case are urged to refer to the Act and to contact the Minnesota Ethical ePdices Board, telephone number (612) 296-1720, with an qur ions . VII . Ex Parte Communications Restrictions on ex parte communications with Commissioners and reporting requirements regarding such communications with Commission staff apply to this proceeding from the date of this Order. Those restrictions and reporting requirementshs arelset forth at Minn. Rules, parts 7845 .7300-7845 . 7400, parties are urged to consult . ORDER 1. A contested case proceeding shall lbe hshall beg 1994 Company' s s proposed rate increase. The proceeding i atin wy Prehearing Conference on Tuesday, February 1, beg 9 :30 a.m. in the Commission' s Large Hearing Room, 121 7th Place East, Suite 350, St . Paul, MN 55401-2138 . 2 . This Order will be served on the Company, which shall mail copies of the Order to all municipalities and counties in its service area and to such other persons as the Department of Public Service may request. 3 . Public hearings shall eofheld the1n this Companymatter at locations within the servicearea 4 . The Company shall give the following notices of the evidentiary and public hearings: a) Individual written notice to each customer, which may be in the form of a bill insert, and shall be served at least ten days before the first day of hearings . b) Written notice to the governing bodies of all municipalities and counties in the area affected and to all parties in. the Company' s last two rate cases . These notices shall be mailed at least ten days before the first day of hearings . 6 c) Display advertisements in legal newspapers of affected counties and other newspapers of general circulation . within the Company's service area. These advertisements shall appear at least ten days before the first day of hearings. They shall include the heading RATE INCREASE NOTICE, which headii'tg shall appear in bold face type no smaller than 30 points . d) The above notices shall contain the information required in Minn. Rules, part 7830.3200, subp. 2 . The Company shall submit proposed notices to the Executive Secretary for approval prior to publication or service. 5 . The Commission authorizes the Executive Secretary to enter Orders on behalf of the Commission varying time requirements for the filing of pleadings and other documents and determining the conduct of this proceeding, according to the standards set forth in Minn. Rules, part 7830 .4400 . Any party adversely affected by such an Order may file a motion for reconsideration, vacation, or modification, no later than ten days from the date of its entry or one day before any filing deadline or occurrence of an act directed in such Order. Such motions will be heard by the Commission. 6 . Parties are requested not to include the following issues in any Settlement proposed in this matter: - cost allocation between regulated and non-regulated services; - the recovery of the acquisition adjustment and if so from which customers; - the Company' s capital structure and the cost of capital; and - incentive compensation. 7 . This Order shall become effective immediately. BY • • 'ER OF MMISSION .-. 1� Burl W. Haar Executive Secretary (S E A L) 7 BEFORE THE MINNESOTA OFFICEFI1700 E OF ADMINISTRATIVE HEARINGS 100 Washington Square Minneapolis, Minnesota 55401-2138 FOR THE MINNESOTA PUBLIC UTILITIES COMMISSION 121 7th Place East, Suite 350 St. Paul, Minnesota 55101-2145 In the Matter of the MPUC Docket No. G-008/GR-93- Application of Northern States 1090 Power Company for Authority to OAH Docket No. Increase Its Rates for Electric Service in the State NOTICE OF APPEARANCE of Minnesota Name and Telephone Number of Administrative Law Judge : Richard C. Luis (612) 349-2542 TO THE ADMINISTRATIVE LAW JUDGE: You are advised that the party named below will appear at the above hearing. NAME OF PARTY: ADDRESS: TELEPHONE NUMBER: PARTY' S ATTORNEY OR OTHER REPRESENTATIVE: OFFICE ADDRESS: TELEPHONE NUMBER: SIGNATURE OF PARTY OR ATTORNEY: DATE: 8 Notice to Counties and Municipalities Under Minn. Stat. § 2166. 16 Subd. 1 BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION - STATE OF MINNESOTA In the Matter of the Application ) of Minnegasco, Minneapolis, ) Minnesota, for Authority to Change ) NOTICE OF APPLICATION Its Schedule of Natural Gas Rates ) FOR RATE INCREASE for Retail Customers Within the ) State of Minnesota ) MPUC Docket No. G-008/GR-93-1090 On November 5, 1993 Minnegasco, a division of Arkla, Inc. , (Minnegasco) filed a request with the Minnesota Public Utilities Commission (Commission) for a general rate increase of $22.7 million or 3.6 percent. On December 9, 1993, the Commission accepted Minnegasco's filing as complete. In accordance with Minn. Stat. § 216. 16 Subd. 1 (1992) , the Commission ordered an interim rate schedule into effect on February 1, 1994. The Commission has approved a total interim increase of $14.6 million or 2.3 percent. All Minnegasco customers will receive a 2.3 percent increase on their bills. Below are examples of the effect of the proposed and interim increase on typical bills for Minnegasco customers, except customers formerly served by Midwest Gas. Individual changes may be higher or lower depending on actual natural gas usage. Rate class Average Average Average Proposed (usage shown in monthly monthly monthly rates Therms) usage in bill : bill : Therms current interim rates rates Residential 103 $ 55.86 $ 57. 14 $ 59. 11 Commercial/ Industrial - up to 1 ,500/yr 61 $ 38. 12 $ 39.00 $ 38.81 - 1,500-5,000/yr 233 $ 140.90 $ 144. 14 $ 128.50 - 5,000 or more/yr 1 ,469 5 729.50 $ 746.28 $ 750.90 Small Volume Dual Fuel - up to 120,000/yr 3,491 $ 1 , 150.62 $ 1 , 177.08 $1, 214.31. - 120,000 or 18,363 $ 5,733.58 $ 5,865.45 $6, 108.38 more/yr Large Volume Firm 25,000 512,539.50 $12,827.91 $11,961 .43 Large Volume Dual 100,000 $29,304.00 $29,977.99 $29,810.00 Fuel The Commission will determine the amountof the are final late increase ase on or before October 10, 1994. If the final approved rainterim rates, the difference will be refunded to customers, with interest. The proposed rate schedules, n °mnormalnof businessehoursand atrtheird rates, may be examined by the publicduring nearest Minnegasco office, or at the Department 01of f1PuPublic Service, 121 Seventh Place East, Suite 200, St. Paul , Minnesota A public hearing will be scheduled by the Commission. Public notice of the hearing dates and locations will be published in local newspapers in Minnegasco's service areas. Persons who wish to intervene or testify in this case should contact the Administrative Law Judge, Richard C. Luis, Office of Administrative Hearings, 100 Washington Square, No. 1700, Minneapolis, Minnesota 55401-2138, 612-349- 2542. SCOTT COUNTY • 111. HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 - - - FAX (612) 496-8365 CO), BRADLEY J.LARSON O PaI( cOp Highway Engineer a DANIEL M.JOBE February 7, 1994 �� 8 1994 Asst Highway Engineer-Design � DON D.PAULSON Irk Asst.Highway Engineer-Construction Mr. Cyril B. Ess Lower Minnesota Watershed Dist. 151 West 126th Street Burnsville, MN 55337 Re: CP 91-18-02 Dear Mr. Ess: In response to your January 12, 1994 letter regarding concerns or problems that the Watershed District has with the storm water drainage on the above referenced project, the following facts are submitted for your information: 1) The December 6, 1993 letter to Mr. Larry Samsted stated that the proposed storm water quality pond would outlet to the west of CSAH 18 towards Dean's Lake. It was not intended to mean it would outlet into Dean's Lake as this area is within the Eagle Creek watershed (see map enclosed). It is our professional opinion that any surface water in this area does not travel overland for any great distance, but ponds in the existing wetlands and low areas and then evaporates and/or percolates through the soil to the groundwater table. Therefore, Scott County is not proposing to install or construct a drainageway or drainage system that would change the drainage in this area to force it into the Dean's Lake watershed. 2) Listed as Item No. 1 in your letter is, "This is a change in drainage pattern of the area." This is true to the extent that there previously was a centerline culvert under CR 18 that was installed in the 1970's and has since silted in and has not been functioning in recent years. This culvert was installed virtually flat; therefore, there is no clear evidence of which direction, to the east or west of CR 18, storm water was to flow. Notwithstanding this information. as stated previously, this area has been, is, and will continue to be within the Eagle Creek watershed. An Equal Opportunity'Affirmative Action Employer Mr. Cyril Ess Re: CP 91-18-02 February, 1994 Page 2 3) Item Nos. 2, 3, 4, and 5 therefor do not apply as they have already been addressed in the two previous paragraphs. 4) Item No. 6 stated, "The east side of County Road 18 has traditionally drained to Eagle Creek." Yes, this area is within the Eagle Creek watershed and will continue to be in the future. However, it is our professional judgment that the storm water drainage within the Eagle Creek watershed in this area does not flow overland to Eagle Creek. 5) Item No. 7 stated, "The drainage of the most recent alignment of County Road 18 has caused erosion along County Road 18 on the bluff to the south and brought severe siltation problems to the area where County Road 18 reaches the base of the bluff, both on the east and west side of County Road 18." There has been siltation in the ditches along both sides of CR 18 in the area of CSAH 16. Some of this may have resulted due to the road construction; however, there has been other development that has also contributed to this problem. Scott County's proposed project is the construction of an urban roadway section with a storm sewer system including a storm water quality pond to collect sediment and control runoff rates. Therefore, the proposed project should improve the water quality in this area and ameliorate this situation. 6) Item No. 8 stated, "Drainage to Eagle Creek may be diminished by this diversion." It has already been stated that this area is and will continue to be within the Eagle Creek watershed. Therefore, there is no plan for the diversion of storm water away from Eagie Creek. Finally, Scott County is currently reviewing the final plans and will take your concerns into full consideration. Upon completion of the final plans, Scott County will arrange to meet with Mr. Samsted to review the project and submit any permit applications that may be required. Mr. Cyril Ess Re: CP 91-18-02 February, 1994 Page 3 I hope this information gives you a better understanding of the proposed project. If you have any questions or would like additional information, please contact this office. • Sincerely, if Daniel M. Jobe, P.E. Design Engineer DMJ/kmg Enc. cc: County Commissioners Cliff McCann, County Administrator Dave Hutton, City of Shakopee Randy Geerdes, SRF SHAKOPEE February 1, 1994 Mr. Scott Merkley Scott County Hwy. Department 600 Country Trail East Jordan, MN 55352 RE: C.S.A.H. 18 Dear Scott: The City of Shakopee has received a copy of the January 12, 1994 letter from the Lower Minnesota River Watershed District to your office regarding the proposed drainage plan for the C.S.A.H. 18 Project. Our City Council has directed me to inform you that any proposal to drain stormwater runoff from C.S.A.H. 18 into Dean's Lake would be opposed by the City of Shakopee. The Council further requests that Scott County meet with the Watershed District to resolve this issue. Please keep me informed of any developments in this matter. Thank you. Sincerely, David E. Hutton, P.E. Public Works DEH/pmp CSAH18 COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakoes,Minnesota• 55379.1351 • 612-445.36=0 • FAX 612-445-6713 Lower Minnesota River Watershed District 151 WEST 126TH STREET BURNSVILLE, MINNESOTA 55337 Cyril B. Ess President Jim A. Kephart Vice President January 12, 1994 Merrill M. Madsen Treasurer Edward A. Schlampp Asst. Treasurer William J.Jaeger,Jr. Secretary Lawrence E. Samstad Engineer Bruce D. Malkerson Attorney Mr. Dan Jobe, Asst. Highway Engineer-Design Scott County Highway Department 600 Country Trail East Jordan, MN 55352-9339 Re: Design of County Road 18 between Co. Rd 16 and Hwy 169 (Shakopee Bypass). Scott County Highway Designation: CP 91-18-02 Dear Mr. Jobe: Referring to your letter to Mr. Larry Samstad, dated December 6, 1993, and Mr. David Zapppetillo's letter to you dated December 3, 1993, these letters indicated that certain drainage from the Highway 18 realignment would be diverted west through Deans Lake. The reason seemed to be that no accommodation could be found for this drainage into Eagle Creek due to the "Trout Stream" designation of Metro Fisheries of the Minnesota Department of Natural Resources. On January 6, 1994, Mr. Samstad, Engineer for the District, met with Mr. Zappetillo and Mr. Pat Lynch, Hydrologist for MnDNR Metro West Division. The result of that meeting was that the apparent restrictions of MnDNR on Eagle Creek were such that Mr. Zappetillo indicated that he was concerned with temperature increases from storm runoff and quantities of flow (volume/time) that might arise from any future design or development. It was apparent that the letter of Mr. Zappetillo was not intended to hinder proper designs that might accomodate added runoff in ponds or moderating structures that would allow for new designs such as County Road 18. The problems with diverting the drainage from the east side of Highway 18 to the west side and through Dean Lake are numerous. 1. This is a change in drainage pattern of the area. 2. ''his drainage would be an added burden on the Dean Lake Area. 3. Presently the Pike Lake drainage along with the Prior Lake/Spring Lake Watershed District outlet to Prior Lake is routed through Dean Lake. Mr. Dan Jobe, Scott Co. Hwy. Dept. - 2 of 2 - January 12, 1994 Re: Design of County Road 18 between Co. Rd 16 and Hwy 169 (Shakopee Bypass). 4. According to plans, submitted to our District by Mr. Bruce Patterson and Mr. Al Kraemer, former Engineers for the Prior Lake/Spring Lake Watershed District, this drainage through Dean Lake was to be diverted to the north along the MWCC sewer interceptor right-of-way in an outlet ditch and diversion into Dean Lake was to occur only if Dean Lake needed added water. This was to keep unwanted silt carried by the drainage from entering Dean Lake and depositing in Dean Lake.. 5. The Pike Lake drainage originally created a delta at the base of the lower bluff on the Eagle Creek Stables property, and ensuing, more recent deposition of silt has occurred as well as an apparent increase in seepage at the base of the bluff, causing additional problems to drainage of property from County Road 18 toward the west. 6. The east side of County Road 18 has traditionally drained to Eagle Creek. 7. The drainage of the most recent alignment of County Road 18 has caused erosion along County Road 18 on the bluff to the south and brought severe siltation problems to the area where County Road 18 reaches the base of the bluff, both on the east and west side of County Road 18. 8. Drainage to Eagle Creek may be diminished by this diversion. Because these problems seem to have been overlooked, I would suggest that you consider these matters more fully before final designs are accepted. If a meeting of the parties is necessary, please call Mr. Larry Samstad, at 445-7993 to arrange an appropriate time for a discussion that will include MnDNR Fisheries and Waters, the Prior Lake/Spring Lake Watershed District, the City of Shakopee, and yourself. These issues are of concern to the Managers of this District and need to be examined, in depth, before final decisions are made in this critical area. Yours very truly, LOWER MINNESOTA RIVER WATERSHED DISTRICT Cyril B. Ess, President cc: Managers Bruce Malkerson, Attorney Mr. Pat Lynch, Hydrologist, Metrd West Div., MnDNR Mr. David Zappetillo, Metro Area Fisheries Supervisor, MnDNR Mr. Davi,d Hutton, City Engineer, City of Shakopee Mr. Bill Dilks, Staff Coordinator, Prior Lake/Spring Lake Watershed District Scott County Board of Commissioners THE OFFICE OF THE SCOTT COUNTY ATTORNEY COURTHOUSE 206 428 S. HOLMES ST. SHAKOPEE, MN 55379-1380 (612)-496-8240 FAX# (612)-496-8275 JAMES A.TERWEDO County Attorney February 2 , 1994 City of Shakopee 129 Holmes Street S. Shakopee, MN 5379 Dear Mayor and Council Members: • I wish to take this opportunity to thank you for allowing me the time to give a presentation on the proposed Curfew Ordinance for Scott County. As I mentioned during my presentation, Scott County and the City of Shakopee are in the forefront of doing our part to lessen the degree of juvenile crime in Scott County. I know with your help and cooperation all of Scott County will be a safer place for our families to grow. If you wish to continue on with the public hearing notice and meeting for the new Curfew Ordinance, please contact Kathy Davis in my office to schedule me to appear at that public hearing to make a presentation and answer any questions the public may have. Again, thank you for your cooperation in this matter and if at any time I can be of any further assistance, feel free to contact me. As always, I remain, Sincerely J• S AO TERWEDO COT COUNTY ATTORNEY JAT/kmd Criminal Division Civil Division Juvenile Division Victim/Witness Thomas J.Harbinson, Brian A.Nasi Peggy A.Flaig Assistance First Assistant Christopher E.Moms Mary M.Pieper Jim W.Petersen Susan K. McNellis Neil G.Nelson Conrad J.Skonieczny ames An Equal Opportunity/Affirmative Action Employer (]2) MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL 11 FROM: Karen Marty, City Attorne ��tily DATE: February 2, 1994 RE: Curfew Ordinance At the February 1st City Council meeting Jim Terwedo presented a proposed county-wide curfew ordinance he is encouraging cities to adopt . The City Council requested information as to how his proposal differed from the existing 0orsnattached. A compae. The risonyofrtheatwo, is1ty setCode forthec . below. 10 . 28, is a 1 . Age and Hours. The current ordinance creates one category of minors, and one timeframe during which minors are not allowed outside unaccompanied by an adult . The draft ordinance divides minors into two categories based on age, and has different timeframes during which minors are not allowed outside, based on the age of the minor and the day of the week. Presently we prohibit children under the age of 18 years to loiter between the hours of 10 : 30 p.m. and 5 : 00 a.m. ; the draft ordinance will regulate children under the age of 16 between 10 : 00 p.m. and 6 : 00 a.m. Sunday through Thursday, and between 11 : 00 .legal c1 a.m. on Friday, Saturday, and the day preceding a g day. Children between 16 and 18 are allowed out until 10 : 30 p .m. weekdays, and until midnight on weekends and before holidays . 2 . Liability of Parents. The existing ordinance makes it unlawful for any "parent, guardian, or other person having the legal care or custody" of the minor to allow the minor out, "unless such minor is accompanied by his parent or guardian. " The draft ordinance makes parents liable only if they "knowingly or negligently" permit the minor to violate curfew. 3 . Liability of Businesses . The present ordinance makes it unlawful for the person operating or in charge of various businesses to allow unaccompanied minors to loiter there in violation of curfew. The draft ordinance does not contain a similar provision. 4 . When Curfew Does not Apply. The current ordinance excludes £,nom curfew "any students . . . who are lawfully attending, going to or returning from school, church or community sponsored athletic, musical or social activities or events, or gar of emofowhether they arement . " The ft a studentCefromlcues urfewT,yiflnor, they regardless o CiE2) are "returning home from and within thirty (30) minutes after the conclusion of" an activity of a school, religious, or "supervised voluntary association" , or their job, which is close to the current provisions . The draft ordinance also exempts a minor who "is in a motor vehicle with parental consent for normal travel with intercity travel . . . within Scott County" and for minors on emergency errands . 5 . Penalty. The current ordinance makes any violation a petty misdemeanor, which means it has a maximum fine of $200 and no jail . The draft ordinance sets a minor' s first penalty at $25, the second penalty within one year at $50 or 10 hours of Community Work Service, and a subsequent penalty within one year at $100 or 20 hours of Community Work Service . The penalty for violations by adults is a misdemeanor, which means it would have a maximum fine of $700, and could involve as much as 90 days in jail . If you have any further questions, please let me know. [2MEMO] Attachment cc : Chief Steininger • -2- I § 10 . 29 I. Gaining entrance to an event for which a charge is made without having paid such charge and without the permission of the person in charge of the event or his authorized representative. J. Repealed. K. Engaging in any conduct which creates a risk of bodily harm to any other person or.damage to property. L. Engaging in the striking, kicking or throwing of objects by or between persons occupying said area lot outside of restricted area, including, but not limited to, baseballs, footballs, frisbees, soccer balls, basketballs, tennis balls, or any other • such projectile which may be thrown, struck or kicked. M. Building or maintaining a fire in any place other than receptacle which raises the fire off the ground. N. Starting or using a fire and thereafter failing to extinguish the fire when it is no longer used. (Ord. 175, June 27, 1985; Ord. 201, July 1, 1986) SEC. 10.27. FALSELY REPORTING FIRE. It is unlawful for any person to inform the Fire Department that a fire is in progress, knowing that it is false and intending that the Fire Department shall act in reliance upon it. (Ord. 1, April 1, 1978) SEC. 10.28. CURFEW. Subd. 1. Curfew-Minors Under the Age of Eighteen. It is unlawful for any minor person under the age of eighteen years to be or loiter upon the streets or public places between the hours of 10:30 o'clock P.M. and 5:00 o'clock A.M. Subd. 2. Curfew - Parents and Guardians. It is unlawful for any parent, guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by his parent or guardian. Subd. 3. Curfew - Places of Amusement, Entertainment or Refreshment. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or other place of business, to allow or permit any minor person to be or loiter in such place in violation of this Section unless such minor is accompanied by his parent or guardian. This Subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where his presence is otherwise prohibited by law. Subd. 4. Exceptions. Such curfew shall not apply to any students under the age of eighteen years who are lawfully attending, going to or returning from school, church or community sponsored athletic, musical or social activities or events, or place of employment. (Ord. 66, June 18, 1981) SEC. 10.29. AIR POLLUTION CONTROL. 1993 ed. 929 TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: County Curfew Proposal DATE: 02 02 94 INTRODUCTION: The County Attorney has proposed uniform curfew restrictions to be implemented throughout Scott County. BACKGROUND: A few months ago, I had a conversation with the County mA�ernef regardingff a Atrthctime, Mr. Terwedoge which had een informedsmedby that there were his staff. At that some problems with the constt Iu tionality of our ordinance and I requested a clarification thacould take to the Cy Attorney to few weeks get any problems corrected. A eCity Council Meetingt of the proposal placed before you at 02 01 94 of At that meeting, I was asked for comments.Inbut wouldtelike to time, I kept those comments as brief as possible expand on them at this time. Section 10: 28 of the City Code essentially prohibits people under 18 years of age from being in public places between 10: 30 p.m. and 5: 00 a.m. Exceptions are made for students going to and from certain events or their place of employment. Parents are prohibited from allowing their children to be in public plaand ces between these hours unless they tablishments arere with the l prohibitedsfrom operators of certain business es e to violate curfew. allowing people under 18 years of ag There are three significant differences between the County Attorney' s proposal and Section 10: 28 . First, his proposal is really two curfews; one for people under 16 ge with years of age and one for people but een later onand weekends and18 years of aholiday both groups being able to stay o eves than during the week. This involve a lot of numbers which may confuse well intentioned parents. the Count Attorney' s proposal sets forth penalties for Second, y curfew violators and their parents. Third, the language proposed by the County Attorney is much more ed to specific than that in Section 10= 2The pr posal provides 30 ur. Definitions are inates clarify elements of his proposal. home after authorized for persons under 18 years of age to get activities. Emergency errands and normal travel in a motor vehicle with parental consent are dealt with. At first glance, the County Attorney's proposal seems to be more complicated than a curfew ordinance needs to be. The is balanced by the fact that it will be uniform throughout the county. A workable curfew ordinance is a tool we need. While the police department has neither the desire nor the resources to sweep the streets looking for curfew violators every night, parents have expressed a desire for at least some curfew enforcement and we need a way to get young people off the street in the middle of the night. ALTERNATIVES: 1. Adopt the language proposed by the County Attorney. 2. Retain the language now in Sec 10:28 of the City Code. 3 . Direct the appropriate city officials to write a new curfew ordinance. RECOMMENDATION: Following discussion of this issue , please provide staff with direction as to how you wish this matter handled. (73D TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director ti RE: Utility Billing Software DATE: January 28, 1994 Just an informational item you might find interesting. LOGIS (computer center in which Shakopee is part owner) has been de elopforting IAnIw utility billing software package in house. Comparing the costS package versus what Minneapolis is spending for their software is interesting. LOGIS MPLS Population served 580,000 370,000 Utility accounts 199,000 125,000 Cost $420,000 $4,200,000 (IP CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - JANUARY 1994 January 1994 January 1993 No. No. Valuation MonthN . o.YNo.D.on NY.o. o. Month Y.T.D. Y.T.D. 11 8,131 5 5 428,9 Single Family-Sewered 9 9 7481131 1 1 28,911 Single Family-Septic - - - 1 1 128,000 Multiple Dwellings - - (2) (2) - (# Units) (YTD Units) (-) (-) _ 2 2 12,500 Dwelling Additions 1 1 300,000 - - - Other New Comm. Bldgs 3 3 340,000 - -- - Comm. Bldg. Addns. 1 1 20,000 - - - New Industrial-Sewered - - _ _ - - Ind. Sewered Addns. - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - 2 2 31,540 Accessory/Garages - 2 2,018,018 6 6 8, 148 Signs & Fences _ 1 1 8,148 Fireplaces/Wood Stoves - 1 1, 000 - Grading/Foundation - - _ - - - Moving - - - - - - Razing Remodeling (Res. ) 2 2 12,239 1 1 4,330 Remodeling (Comm/Ind. ) 3 3 115,500 7 7 679, 6253 TOTAL 22 22 1, 538,888 26 26 1,299, 290 No. YTD. No. YTD. 47 47 44 44 Electrical 38 38 29 29 Plumbing & Heating Total dwelling units in City after completion of all construction permitted to date 5, 015 • CI'T'Y OF SHAKOPEE BUILDING PERMITS ISSUED IN JANUARY, 1994 10365 MS Society 1155 East 1st Avenue Temp. Sign 18 10366 Stephen Hedstran 1356 Primrose Lane Rencdel 7,862 10367 Novak Fleck 1507 Thistle Lane House 89,173 L 9 B 3, Meadows 9th 10368 Deutsch Const. 1265 Miller Street House 90,799 L 4 B 1, Parkview 1st 10369 Novak Fleck 1448 Thistle Lane House 83,573 L 3 B 1, Meadows 9th 10370 Valleyfair One Valleyfair Drive School House 20,000 10371 Valleyfair One Valleyfair Drive Addition 20,000 10372 Novak Fleck 1347 Primrose Lane House 79,038 L 1 B 4, Meadows 8th 10373 Valleyfair One Valleyfair Drive Museum 200,000 10374 Laurent Builders 1121 Polk Street House 65,000 L 10 B 2, Minnesota Valley 7th 10375 Detil Home Bldrs. 1242 Granite Drive House 93,534 L 5 B 2, Heritage Place 4th 10376 Valleyfair One Valleyfair Drive Food Bldg. 120,000 10377 Novak Fleck 1382 Sage Lane House 75,785 L 2 B 5, Meadows 9th 10378 Novak Fleck 1508 Thistle Lane House 80,654 L 6 B 1, Meadows 9th 10379 Roger Ruff 630 East 7th Avenue Remodel 4,377 10380 Valleyfair One Valleyfair Drive Playground 300,000 10381 Certain .4.4, 3303 East 4th Avenue Remodel 2,500 10382 Greystone Const. 1206 East 1st Avenue Footings 1,000 10383 Novak Fleck 753 Lupine Court House 90,575 L 2 B 2, Meadows 8th 10384 SignCrafters 4500 Valley Ind. Blvd. Sign 2,000 10385 Richard Fischer 701 C. R. 83 Remodel 18,000 10386 Corporate Finishes Shakopee Town Square Remodel 95,000 Total: $1,538,888 • x OF) MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission coniei.edeinmreg lar ing session on January 3 , 1994 at 4 : 30 P .M. in theroom. MEMBERS PRESENT: Commissioners O'Toole ,Sweaney,KCitymAttorney er and Cook. Also Manager Van Hout, Liaison Karen Marty, Joe Adams and Secretary Menden. Cook, seconded by Kirchmeier to approve the minutes Motion byMotion carried of the December 6 , 1993 regular meeting as kept. BILLS READ: City of Shakopee 33 ,000 . 0000 . 00 ARA/Cory Refreshment Services 4 Alden Pool and Municipal Supply 2 . 7 473 . 410 Auto Central Supply 3 ,922 . 3 2 R.W. Beck and Associates 71 . 42 Bills Toggery 1 , 572 .49 Border States Industries , Inc . 1 , 551 .60 Burmeister Electric Company 1 ,530 . 90 Chicago and NW Transportation Co. 959 ,00 City of Shakopee 56 . 7591 Clay' s Printing Service 86 . 35 Communications Auditors 837 .32 Control Design Supply Inc . 42 ,448 . 57 Cooperative Power 158 .86 00 DCA, Inc . Inc 114 . 67 Dalums Utility Equipment Co . , 132 .057 Dan' s Champion Auto Stores 121 . 50 Deputy Registrar #135 1 , 21 . 50 Feed-Rite Controls . , Inc . 50 . 3271 Elmer Geis 550 . 32 Gopher State One-Call , Inc . 514 .14 Graybar' Electric Co. , Inc . 669 .07 Hance Cable Testing and Locating . 0 Hennen' s ICO 7 . 6815 . 6 Kar Products0 490 . 009 Kohlrusch Abstract Co. , Inc . E, � g0 . 00 Ladbrooke Racing 000 Leef Brgs . , Inc . 25 . 625 . 2 Ray Latiieux Bruce A Liesch Associates , Inc . 96 . 90 492 . 11 Metro Sales , Inc . . 1 921 Minnesota Dept . of Public Service 4 ,4137 . 41 Minnesota Dept . of Revenue 0 Minnesota Environmental Quality Board x ,374 . 838 . 93 Minnesota Municipal Utilities Association 93 . 00 00 Minnesota Valley Testing Labs , Inc . 38 ,1118 00 Minnesota Valley Electric Coop 324 00 Minnesota Valley Electric Coop 5 Motor Parts Service Co . , Inc . 391 , 65 .465 . 775 Northern States Power Co . 96 �� 3 ,4799 Northern States Power Co . . 79 1 Office Products 3 , 415 . 00 Peterson-Wisdorf, Inc . 5 , 671 . 15 . 35 Reach Equipment Reynolds Welding Supply Co . 1 . 15 40 . 47 Mrs . D. D . Rockwell 11 , 130 . 60 0 St . Francis Medical Center 136 . 00 Schoell and Madson , Inc . 54 57 Shakopee Chev Olds Pontiac Geo . 57 244 Shakopee Public Utilities Commission 222 . 56 Shakopee Towing . 55 5 Al Smith Excavating 84678 . 50 4 Starks Cleaning Services , Inc . 1742 Dean Struck 34 . 68 Total Tool 34 . 09 Unitog 1 , 675 .06 Utility Equipment Leasing Corp. , 99 67 Lou Van Hout 463 . 89 WaterPro 312 . 84 !'IEJV G , 225 . 57 Woodhill Business Products . 59 yarusso ' s Hardware Co . 22458 . 00 Lois Duede 44 . 04 Terrance G. Hahn Motion by Kirchmeier, seconded by Cook that the bills be allowed and ordered paid. Motion carried . A communication from Creative Copy was presented to the Commission by Joe Adams . Suggested stories for the upcoming newsletter was given by the Commission . Liaison Sweeney gave the liaison report . Manager Van Hout gave the Commission an update on the status of the land purchase for the water tank tsio edionssss this County Ro,kad 18 . Mr . Jim Hill Jr. was present item with tree Commission . Motion by Cook, seconded by Kirchmetheier to request thewatertplann�ing k site Commission to act on the request for to be declared not in conflict with the City' s comprehensive plan. Motion carried. depth Motion by Cook, second d ay C rchmeier nt to do ra ct rtaf f to proceed with the selecting feasibility study of the different sites selected for the water tank to be located on County Roa18 .what aboveogaour_dnlfieturesawould be tion , long term maintenance costs , necessary, access , aesthetics of the area and other determining factors . Motion carried. A memo from Dave Hutton regarding the Maple Trails site for � acknowledged.cd. Site acquisition is the water storage facility was acknowledg" proceeding. • �-; - given The status report on the substation site acquisition was by Manager Van Hout . A Phase I environmental study is being done on the area at the present time . Manager Van Hout advised the Commission thata a mndLindbting g to is being set up with Dennis Kraft , Karen Marty discuss the E .A.W. to be done on the substation site . Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities enpower the Manager to enter into an agreement consultant to perform an E .A.W. thru the if necessary to hire a ^ City of Shakopee on the Substation site . Motion carried. Kevin Favero , K .W. Beck and Associates was present_to give pros and cons of alternate routes for transmission lines . A cost analysis was given for the alternate routes . Manager Van Hout advised the Commission that Mrs . Ralph Christensen had contacted tat.tcu h1m with her concerns on the transmission line . He advised _ that a the lthe e . planning Commission would be holding hearings regarding Kirchmeier, seconded by Cook that the Shakopee Motion by �- r- Public Utilities Commission select as the routteSfora�rausmed by transmission lines for the proposed substation as the one Beck and Co . report dated January 3 , 1994 designated as alternate North 4E which would run on private eastment on a - South direction . Motion carried. Motion by Kirchmeier, . Seconded by Cook to direct the ,� • , � tothe firm of �+�., locate all Manager of the Shakopee Public LtilltiC�VtcnandCidentify F .W. Beck and Associates to precisely needed to run this route according to the Managers tucaures involve It would be the intent t0 iiivo �C trie owners in the easement process . Motion carried . A communication from Pete Malamen of HDR regarding the downtown undergrounding surveying for converting to the higher voltage was acknowledged. Manager Van Hout presented the Capital Improvement. Plan draft for 1994 thru 1998 . A communication froiiu Scho'eil and tiadson indicated that St . Francis Hospital has made no commitment on a location for the proposed well and Booster Station . This is delaying the feasibility study preparation for extending sewer and water to the Hospital site . Secretary Menden reported as purchase of a new copier from Coordinated Business Systems Ltd in the amount of $7 ,875 . 00 . The 1994-95 Load Curtailment Program for customers of the Shakopee Public Utilities was discussed. Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities again participate in the load curtailment program with Northern States Power Co . Motion carried. Motion by Kirchmeier, seconded by Cook to present Resolution #411 A Resolution Authorizing Execution of Proxy in Favor of Certain Amendments to the Declaration of Trust of the Minnesota Municipal Money Market Fund. Ayes : Commissioners O ' Toole, Nay es :and Cook. none . Resolution passed. Motion carried. There was one fire call for 30 minutes . There were no lost time accidents for the month of December, 1993 . The next regular meeting will be held on February 7 , 1994 in the Utilities meeting room . Motion by Cook, seconded by Kirchmeier to adjourn to January 10 , 1994 . notion carried. jj �lr ( a Barbara Menden, ommissioner Secretary /1 MINUTES OF THE SHAKOPEE PUBLIC UTILTIIES COMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session on January 10 , 1994 at 4 : 30 P .M. in the Utilities meeting room. MEMBERS PREN ' Commissioners and SecretaryMenden.Kirchmeier and Cook. Also Manager Motiond ssionKirchmeier, purposeeofby Cook to adjourn personnel and wage executive se discussions . Motion carried. Motion by Kirchmeier, seconded by Cook to adjourn from executive session. Motion carried. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried. Barbara Menden, Gei fission Secretary CITY OF SHAKOPEE REVENUE REPORT AS OF 01/31/94 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 2,423,882.00 0.00 0.00 -2,423,882.00 0.00 3104 FISCAL DISPARITIES 318,000.00 0.00 0.00 -318,000.00 0.00 3140 LODGING TAX 75,000.00 1,961.97 1,961.97 -73,038.03 2.62 SUBTOTAL TAXES $2,816,882.00 $1,961.97 $1,961.97 $-2,814,920.03 0.07 3212 CABLE FRANCHISE 25,000.00 0.00 0.00 -25,000.00 0.00 3220 LIQUOR LICENSE 60,000.00 40.00 40.00 -59,960.00 0.07 3221 BEER LICENSE 5,000.00 0.00 0.00 -5,000.00 0.00 3223 CIGARETTE LICENSE 800.00 0.00 0.00 -800.00 0.00 3229 MISC BUSINESS PERMITS 600.00 500.00 500.00 -100.00 83.33 3240 BUILDING PERMITS 150,000.00 9,087.00 9,087.00 -140,913.00 6.06 3241 PLUMBING PERMITS 24,000.00 1,030.50 1,030.50 -22,969.50 4.29 3242 MECHANICAL PERMITS 10,000.00 7,952.00 7,952.00 -2,048.00 79.52 3243 ELECTRICAL PERMITS 25,000.00 1,854.00 1,854.00 -23,146.00 7.42 3244 SEWAGE SYSTEM PERMITS 500.00 0.00 0.00 -500.00 0.00 3245 SEWER & WATER PERMITS 2,500.00 345.00 345.00 -2,155.00 13.80 3260 DOG LICENSES 300.00 20.00 20.00 -280.00 6.67 SUBTOTAL LICENSES & PERMITS $303,700.00 $20,828.50 $20,828.50 $-282,871.50 6.86 3341 LGA 158,840.00 0.00 0.00 -158,840.00 0.00 3342 HACA 449,840.00 0.00 0.00 -449,840.00 0.00 3343 MOBILE HOME 800.00 0.00 0.00 -800.00 0.00 3346 POLICE TRAINING REIMBURSEMENT 7,000.00 6,378.87 6,378.87 -621.13 91.13 3348 STATE AID - MAINT 105,000.00 10,316.40 10,316.40 -94,683.60 9.83 3351 STATE AID - POLICE 80,000.00 0.00 0.00 -80,000.00 0.00 3361 AGGREGATE 8,000.00 0.00 0.00 -8,000.00 0.00 SUBTOTAL INTERGOVERNMENTAL REVENUE $809,480.00 $16,695.27 $16,695.27 $-792,784.73 2.06 3404 ADMINISTRATIVE CHARGES 40,000.00 373.60 373.60 -39,626.40 0.93 3406 PLAN CHECK 60,000.00 5,541.00 5,541.00 -54,459.00 9.24 3407 SALE OF DOCUMENTS 3,500.00 762.80 762.80 -2,737.20 21.79 3408 ASSESSMENT SEARCHES 2,000.00 100.00 100.00 -1,900.00 5.00 10.00 0.00 3409 RELEASE OF DEVELOPER AGREEMENT 0.00 10.00 10.00 _10,00.00 0.00 3410 COMPREHENSIVE PLAN FEE 10,000.00 0.00 0.00 3411 LAND DIVISION ADMINISTRATION 0.00 5,882.80 5,882.80 5,882.80 0.00 3421 FIRE SERVICES 35,000.00 1,402.00 1,402.00 -33,598.00 4.01 -1,200.00 0.00 3424 POUND FINES & FEES 1,200.00 0.00 0.00 CITY OF SHAKOPEE Page 2 REVENUE REPORT AS OF 01/31/94 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OB:ECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED 3425 VALLEY FAIR 11,000.00 13,570.13 13,570.13 2,570.13 123.36 3430 SNOW REMOVAL 2,000.00 0.00 0.00 -2,000.00 0.00 3432 PUBLIC WORKS RENTAL 500.00 0.00 0.00 -500.00 0.00 3433 MISC PUBLIC WORKS 2,500.00 1,000.00 1,000.00 -1,500.00 40.00 3435 ENGINEERING FEE 305,000.00 13,729.13 13,729.13 -291,270.87 4.50 3436 ENGINEERING GRADE FEE 2,500.00 135.00 135.00 -2,365.00 5.40 3450 REFUSE CHARGES 516,000.00 75,691.75 75,691.75 -440,308.25 14.67 3452 REFUSE COUPONS 0.00 1,697.83 1,697.83 1,697.83 0.00 3470 POOL SEASON TICKETS 16,000.00 0.00 0.00 -16,000.00 0.00 3471 POOL ADMISSIONS 20,000.00 0.00 0.00 -20,000.00 0.00 3472 POOL SWIMMING LESSONS 10,000.00 0.00 0.00 -10,000.00 0.00 3473 POOL SLIDE FEES 11,200.00 0.00 0.00 -11,200.00 0.00 3477 YOUTH ACTIVITIES 36,040.00 2,061.00 2,061.00 -33,979.00 5.72 3478 ADULT ACTIVITIES 44,190.00 1,509.50 1,509.50 -42,680.50 3.42 3479 CONCESSIONS 10,600.00 0.00 0.00 -10,600.00 0.00 3481 NON-RESIDENT FEE 2,580.00 155.00 155.00 -2,425.00 6.01 3489 NON-RESIDENT FEE/TOWNSHIP PYMT 3,400.00 0.00 0.00 -3,400.00 0.00 3490 OTHER RECREATION FEES 5,900.00 363.00 363.00 -5,537.00 6.15 SUBTOTAL CHARGES FOR SERVICES $1,151,110.00 $123,984.54 $123,984.54 $-1,027,125.46 10.77 3500 FINES & FORFEITS 0.00 3,378.48 3,378.48 3,378.48 0.00 SUBTOTAL FINES & FORFEITS $0.00 $3,378.48 $3,378.48 $3,378.48 0.00 3620 MISCELLANEOUS 20,000.00 300.00 300.00 -19,700.00 1.50 3621 INTEREST 60,000.00 0.00 0.00 -60,000.00 0.00 3622 RENTS 8,350.00 860.00 860.00 -7,490.00 10.30 3623 CONTRIBUTIONS 8,240.00 0.00 0.00 -8,240.00 0.00 SUBTOTAL MISCELLANEOUS $96,590.00 $1,160.00 $1,160.00 $-95,430.00 1.20 3921 TRANSFER FROM ELECTRIC FUND 274,384.00 0.00 0.00 -274,384.00 0.00 3923 TRANSFER FROM CAPITAL EQUIP FD 689,000.00 0.00 0.00 -689,000.00 0.00 SUBTOTAL TRANSFERS IN $963,384.00 $0.00 $0.00 $-963,384.00 0.00 CITY OF SHAKOPEE Page 3 REVENUE REPORT AS OF 01/31/94 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION REVENUE ACTUAL REVENUE VARIANCE RECEIVED FUND GENERAL FUND TOTAL $6,141,146.00 $168,008.76 $168,008.76 $-5,973,137.24 2.74 CITY OF SHAKOPEE EXPENSE REPORT AS OF 01/31/94 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 2,376,490.00 145,760.01 145,760.01 -2,230,729.99 6.13 4102 OVERTiME-FT 49,000.00 8,536.08 8,536.08 -40,463.92 17.42 4110 wAGES - TEMP 255,390.00 5,792.17 5,792.17 -249,597.83 2.27 4111 OVERTIME-TEMP 1,000.00 0.00 0.00 -1,000.00 0.00 4121 PERA 169,550.00 10,311.35 10,311.35 -159,238.65 6.08 4122 FICA 133,610.00 7,927.44 7,927.44 -125,682.56 5.93 4124 FIRE PENSION 43,410.00 0.00 0.00 -43,410.00 0.00 4125 MEDICARE 860.00 0.00 0.00 -860.00 0.00 4131 HEALTH & LIFE 211,710.00 14,530.20 14,530.20 -197,179.80 6.86 4151 WORKERS COMPENSATION 88,870.00 112,382.00 112,382.00 23,512.00 126.46 4170 COMPENSATED ABSENCES 34,010.00 0.00 0.00 -34,010.00 0.00 SUBTOTAL PERSONNEL SERVICES $3,363,900.00 $305,239.25 $305,239.25 $-3,058,660.75 9.07 4210 OPERATING SUPPLIES 107,830.00 3,515.29 3,515.29 -104,314.71 3.26 4215 MATERIALS 34,860.00 306.20 306.20 -34,553.80 0.88 4222 MOTOR FUELS & LUBRICANTS 34,950.00 3,420.47 3,420.47 -31,529.53 9.79 4230 BUILDING MAINT 75,420.00 1,404.42 1,404.42 -74,015.58 1.86 4240 EQUIPMENT MAINTENANCE 93,300.00 1,411.75 1,411.75 -91,888.25 1.51 4242 PAVEMENT PRESERVATION 80,000.00 0.00 0.00 -80,000.00 0.00 4250 MERCHANDISE 10,500.00 0.00 0.00 -10,500.00 0.00 4310 PROFESSIONAL SERVICES 384,090.00 7,877.66 7,877.66 -376,212.34 2.05 4316 F::ING FEES 700.00 0.00 0.00 -700.00 0.00 4320 7'CSTAGE 10,550.00 459.81 459.81 -10,090.19 4.36 432, TELEPHONE 26,190.00 99.48 99.48 -26,090.52 0.38 4330 TRAVEL/SUBSISTENCE 16,270.00 697.28 697.28 -15,572.72 4.29 4340 ADVERTISING 4,000.00 0.00 0.00 -4,000.00 0.00 4350 PRINTING/PUBLISHING 35,420.00 223.99 223.99 -35,196.01 0.63 4360 INSURANCE 146,670.00 400.00 400.00 -146,270.00 0.27 4380 UTILITY SERVICE 654,750.00 0.00 0.00 -654,750.00 0.00 4390 CONFERENCE/SCHOOL/TRAINING 32,900.00 4,787.00 4,787.00 -28,113.00 14.55 4410 RENTALS 37,450.00 0.00 0.00 -37,450.00 0.00 10,100.00 -2.47 -2.47 -10,102.47 -0.02 4430 DIESELLANEOUS 4433 DUES 23,480.00 4,878.05 4,878.05 -18,601.95 20.78 4435 SUBSCRIPTIONS/PUBLICATIONS 0.00 395.63 395.63 395.63 0.00 4437 PROPERTY TAX/SPECIAL ASSESS 3,800.00 0.00 0.00 -3,800.00 0.00 4438 SALES TAx 3,000.00 0.00 0.00 -3,000.00 0.00 4490 CONTINGENCY 150,000.00 0.00 0.00 -150,000.00 0.00 SUBTOTAL SUPPLIES & SERVICES $1,976,230.00 $29,874.56 $29,874.56 $-1,946,355.44 1.51 4550 EQUIPMENT 702,300.00 0.00 0.00 -702,300.00 0.00 CITY OF SHAKOPEE Page 2 EXPENSE REPORT AS OF 01/31/94 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION EXPENSE ACTUAL EXPENSE VARIANCE EXPENDED SUBTOTAL CAPITAL EXPENDITURES $702,300.00 $0.00 $0.00 $-702,300.00 0.00 CITY OF SHAKOPEE Page 3 EXPENSE REPORT AS OF 01/31/94 CURRENT Y.T.D. BUDGET TO ESTIMATED MONTH ACTUAL ACTUAL PERCENT OBJECT DESCRIPTION EXPENSE ACTUAL EXPENSE VARIANCE EXPENDED FUND GENERAL FUND TOTAL $6,042,430.00 $335,113.81 $335,113.81 $-5,707,316.19 5.55 OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota February 3, 1994 MEMBERS PRESENT: Joos, Madigan, Kelly, Zak, Christensen & Mars MEMBERS ABSENT: DuBois STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Lisa Anderson, Recording Secretary Dave Nummer, Staff Engineer I. ROLL CALL Chrmn. Mars called the meeting to order at 7 : 38 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF JANUARY 6, 1994, MEETING MINUTES The meeting minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. OTHER BUSINESS There was no other business discussed. VI. ADJOURNMENT The meeting adjourned at 7 : 40 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota February 3, 1994 MEMBERS PRESENT: Joos, Christensen, Zak, Kelly, Mars, Madigan MEMBERS ABSENT: DuBois STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Lisa Anderson, Recording Secretary Dave Nummer, Staff Engineer I. ROLL CALL Chrmn. Joos called the meeting to order at 7:40 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE JANUARY 6, (ZONING UPDATE) , JANUARY 6, AND 13, 1994 MEETING MINUTES. The minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA Item 15A on the agenda regarding the 1993 Annual Report of the Board of Adjustment and Appeals and Planning Commission was approved with the following motion approving the Consent Agenda. Motion: Comm. Christensen/Mars offered a motion to approve the consent Agenda Vote: The motion carried unanimously. VI. PUBLIC HEARING: .TO CONSIDER THE PRELIMINARY PLAT OF EAGLE CREEK BLUFF ADDITION, LOCATED EAST OF CR 18 AND SOUTH OF BOILING SPRINGS LANE. - 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 gave a brief summary regarding Minutes of the Shakopee Planning CCommissiong��arPrge- 2 y 3, 1954 this matter. She stated that at the January 13th Special Meeting of the Planning Commission, the Commission recommended approval of both the Preliminary and Final Development Plans to the City Council. The City Council discussed the proposed PUD at their January 18, 1994, meeting. Although the City approved the concept plan for the proposed PUD, they tabled their decision regarding the approval of the PUD until their February 15, 1994, meeting. She stated that since the approval of the PUD has been tabled, Staff recommends that the Planning Commission continue the public hearing regarding the Preliminary Plat to the March 3, 1994, meeting. Motion: Comm. Zak/Madigan offered a motion to continue the public hearing regarding the application for approval of the Preliminary Plat for Eagle Creek Bluff to the March 3 , 1994, meeting, and move its approval. Vote: Motion carried unanimously. VII. PUBLIC HEARING CONTINUED: 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 County Road 18 and County Road 16. The City Planner gave a brief summary regarding this matter. He stated that Scott County Farms has submitted an Application for Approval of the Preliminary Plat for Riverview Estates, 2nd Addition. The Planning Commission opened the public hearing regarding this request at their January 3 , 1994 , meeting, and continued the public hearing to allow time for the applicant to submit a revised preliminary plat to address the concerns of Staff. The City Planner stated that the City Staff need to research this application more thoroughly and stated that the applicant has agreed to continuing this public hearing to the March 3 , 1994 , meeting. Motion: Comm. Kelly/Zak offered a motio to continue this public hearingto the March 3 , 1994 , meeting. Vote: Motion carried unanimously. Minutes of the Page- 3 Shakopee Planning Commission February 3, 1994 VIII. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY AND FINAL PLAT OF CALVARY ADDITION - CALVARY UNITED METHODIST CHURCH. Chrmn. Joos opened the public hearing to consider the preliminary and final plat of Calvary Addition, located south of Vierling Drive and adjacent to Emerald Lane. The Assistant City Planner gave a brief update regarding this matter. She stated that proposed plat consists of one lot on a 4 acre site. She stated that the Calvary United Methodist Church has also requested approval of a Conditional Use Permit to construct the church on the subject site. The public hearing for this request was opened at the January 6, 1994, meeting, and was continued until after the approval of the plat for the site by the City Council. The Assistant City Planner stated that Staff is recommending approval of the Preliminary Plat for Calvary Addition, subject to the conditions discussed in the staff report: Chrmn. Joos recognized anyone from the audience wishing to speak regarding this matter. Jerry Becker, 1088 Jefferson Street South, Shakopee, Minnesota, approached the podium. He asked for clarification regarding a couple of matters. He asked if the sound barrier was required between the highway and the church, or between the highway and Vierling Drive. The Assistant City Planner clarified by stating that the sound barrier is to be between the highway and the church. She also stated that a little berming is required and she would provide the correspondence regarding this matter. Motion: Comm. Zak/Christensen offered a motion to close the public hearing. Vote: The motion carried unanimously. Motion: Comm. Mars/Zak offered a motion recommending approval of the Preliminary Plat for Calvary Church subject to the following conditions: 1 . Approval of the title opinion by the City Attorney. 2 . Execution of the Developer's Agreement for construction of required improvements: a. The developer shall construct a 5' sidewalk along the south side of Vierling Drive, along the Minutes of the Page- 4 Shakopee Planning Commission February 3, 1994 northern edge of the plat. b. The Park Dedication Requirement shall be a cash payment in lieu of park land, and the Park Dedication fee shall be due at the time of Final Plat approval. 3. The applicant shall construct a continuous noise mitigation barrier along the south side of the site to reduce the noise impact from the TH 101 Bypass upon the church and upon the residential areas adjacent to the church site. The maximum nighttime sound level shall be 55 dBA. 4 . The developer must provide on-site observation and • compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced for where the building sites are filled. 5. Final Construction Plans, Grading and Drainage Plans, Stormwater Calculations, and an Erosion Control Plan must be submitted and approved by the Engineering Department prior to approval of the Final Plat by the City Council. 6. The developer shall be responsible for grading of the plat as shown in the drainage plan. 7 . The developer shall dedicate 5' drainage and utility easements along the east and west lot lines, and 10' drainage and utility easements along the north and south lot lines with the final plat. These easements must be proved on the recorded plat. 8 . On January 1, 1992 , the Wetland Conservation Act of 1991 became effective. The developer will not be affecting any wetlands within the proposed plat. A Certificate of Exemption will be issued to the owner of the property. Vote: Motion carried unanimously. Motion: Comm. Christensen/Zak offered a motion to table discussion regarding the final plat until the March 3 , 1994 , meeting to allow time for the applicant to submit tie final plat drawing and required information. Vote: Motion carried unanimously. mutes of the Page- 5 Shakopee Planning Commission February 3, 1994 IX. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY DEVELOPMENT PLAN FOR THE PRAIRIE BEND PLANNED UNIT DEVELOPMENT - SIENNA CORP. Chrmn. Joos opened the public hearing to consider the preliminary development plan for the Prairie Bend Planned Unit Development, lying south of East 4th Avenue and South and West of K.C. Hall. The City Planner gave a brief summary regarding this matter. He stated that the applicant has submitted an application for Approval of the Preliminary Development Plan for this property. The site is located south of 4th Avenue, approximately 1/2 mile west of Canterbury Downs. It is currently zoned R-4, Multi-Family Residential, and is located within a Mandatory Planned Unit Development area. He stated that Staff is concerned with the limited number of accesses available to this very large site. Streets within this development are limited to two access points from 4th Avenue. In addition, he stated that one of the requests with this PUD is for a variance to the portion of the City Code that requires that 500 feet be the maximum length of cul-de-sac streets for urban service areas. The limited street access points, coupled with the 500 foot cul-de-sac street length limitation, severely hampers the amount of development which could occur without additional access points. The City Planner gave the following alternatives that are available to the applicant to accomplish additional access points: 1. The applicant could apply for or request a petition for public improvements. 2 . The applicant could go to the adjacent property owners and acquire property and construct the necessary roadway to make that connecting loop. 3 . The applicant could go forward to the adjacent property owners and work out an agreement and see that the streets be connected by the property owners. 4 . The applicant could petition the City for the construction of more accesses. 5. The applicant could have the City initiate the construction project. Minutes of the Febniary Page 6 - 6 Shakopee Planning Commission 3, 1954 Chrmn. Joos asked the applicant to approach the podium so the Commission could address this issue. Mr. James Johnston, 112014 Warner Circle, Chaska, Minnesota, approached the podium. He stated that he had a plan that addressed the concerns of the Staff. He stated that the only concern is to work out the access issue. He gave a brief overview of the development plan. He stated that there are townhomes, homes for the elderly, and single family homes proposed in his plan. Mr. Johnston stated that he would be willing to take the petition that the City Planner suggested and return it to the Commission at the next meeting. He stated that he is requesting approval from the Commission for this PUD, and for them to forward their recommendation to the City Council, indicating that he would work out the access issues. He stated that the property owners would need to get this matter moving. Chrmn. Joos recognized anyone in the audience wishing to comment on this matter. There was no response. Comm. Christensen asked what the time frame would be in resolving the access issue. The City Planner stated that this is a unique piece of property because of its size and the limited amount of accesses and he would therefore need to consult with the legal staff. He stated that he has recommended to the developer adjustments to the PUD, and perhaps they could submit their request for the final PUD approval for the March meeting. Mr. Johnston stated that his goal is to keep the process moving. The City Planner stated that some identification that came into concern with the DNR were the wetlands. He stated that Staff needs to find out if these issues have been addressed. He also stated that the parkland needs to be looked at by the Park Board. The Assistant City Planner stated that there was a letter inpthe file indicating chanesproposedby the appicant andthe the lreviewed the parkland g parkland issues have been addressed. Mr. Johnston stated that a report was done last summer by s in the DNR Actlng of 1hqt this 1991, andarea thatl there conformanceare the no wetlands on Wetlands this site. Comm. Zak stated that he has a problem with the limited amount of accesses for this property. He sees this property as being a real fire hazard. The City Planner stated two ways to get this matter to the City Council; Minutes of the Page- 7 Shakopee Planning Commission February 3, 1994 one, to get a petition; and second, work with the adjacent property owners to see if there is alternative accesses available. There was a brief discussion by the Commission and Staff regarding the adjacent property owners. The City Planner indicated on a map all of the adjacent property owners. Motion: Comm. Christensen/Madigan offered a motion to continue the public hearing to the March meeting or until the applicant has resolved the limited access issues, and suggested that the Planning Commission approve the preliminary and final PUD at that time. Mr. Johnston stated that he would like to get approval so he may go before the City Council at their next meeting. Mr. Jim Resop, 5917 150th Street SE, Prior Lake, Minnesota, approached the podium. He stated that he is representing the Lenzmeier family and strongly recommended the Commission to make a decision on this matter. He stated that the family is in a difficult position that has not changed since 1988, and they need to go ahead with their transactions. Vote: Motion carried five to one with Comm. Mars voting against the motion. Mr. Johnston stated that he would go to work immediately with his planning staff to go through the concerns and would then resolve these issues. The City Planner stated that a motion can be identified regarding this. Motion: Comm. Zak/Christensen offered a motion to draft a letter suggesting conceptual approval and secondly, the motion to put this on the fast track to get it back to the Planning Commission as soon as possible. Vote: Motion carried unanimously. X. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY AND FINAL PLAT FOR SOUTH PARKVIEW 2ND ADDITION — CLETUS LINK. Chrmn. Joos opened the public hearing to consider the preliminary and final plat for South Parkview 2nd Addition, located directly north of 13th Avenue and east of CR 15. The Assistant City Planner gave a brief summary regarding this matter. She stated that the proposed subdivision is located north of Vierling Drive and west of County Road Minutes of the February Page-3, 19 8 8 4 Shakopee Planning Commission 15. The area is zoned R-2, Urban Residential. The proposed plat covers 3 . 16 acres, and consists of 12 lots. She stated that the applicant received preliminary plat approval in 1984 and final platted all of the right-of- way and the northern one-third of the lots as requestinguth Parkview 1st Addition. The applicant is now concurrent preliminary and final plat approval for the second phase of the development. The Assistant City Planner also stated that the applicant originally planned to Final Plat the entire site, however, the City is currently in the process of redesigning the alignment of Vierling Drive and recommended to the applicant that he final plat the portion of the site adjacent to Vierling Drive after the new alignment has been determined. The Assistant City Planner stated that Staff is recommending approval of the preliminary plat of South Parkview and the final plat of South Parkview 2nd Addition, subject to the conditions as stated in the staff report with the following changes: Condition 2g should be deleted; Condition 2 should read: Execution of a Developer's Agreement for construction of required improvements for Jefferson Street, Monroe Street, and Madison Street and item 2 .g. should be deleted as the City will be constructing Vierling Drive. Mr. Cletus Link, 1216 Jefferson Street, Shakopee, Minnesota approached the podium. He stated that he is surprised item 2g was deleted because he usually constructs his own streets and not the City. He asked for clarification why the city wanted to do that. Dave Nummer, Staff Engineer, explained that the City has designated Vierling Drive as a state aid street. Mr. Link stated a concern of the costs if the City developed this street. Mr. Nummer stated it should be cheaper to have the City build this street. Motion: Comm. Mars/Zak offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Mars/Zak offered a motion recommending to the City Council the approval of the Preliminary and Final Plat of South Parkview 2nd Addition, subject to the following conditions: Minutes of the Page- 9 Shakopee Planning Commission February 3, 1994 1. Approval of the title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements for Jefferson Street, Monroe Street, and Madison Street: a. Street lighting to be installed in accordance with the requirements of SPDC. b. Electrical system shall be installed in accordance with the requirements of SPUC. c. Water system to be installed in accordance with the requirements of SPDC. d. Storm sewer system shall be installed in accordance with the requirements of the City Engineer. e. Sanitary sewer system shall be installed in accordance with the requirements of the City Engineer. f. City streets will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. g. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 per sign. h. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. i. The developer shall be responsible for installing a sidewalk along the north side of Vierling Drive. 3 . If all of the streets are not proposed to be constructed at the same time, a staging and phasing plan shall be submitted which outlines the schedule and timing for the construction of all of the public facilities. 4 . A revised final plat must be submitted which provides the gas line easement and its Document Number (40001) for the easement which crosses the plat along the lot lines of lots in block 1. l�fi�n Ms of the Febn�ary 3,Page-10 -10 1954 Shakopee Planning Commission 5. A revised preliminary and final plat must be submitted which reflects the street name change from "13th Avenue" to "Vierling Drive. " 6. The developer shall not develop more than 10% of the lots with two family dwellings. All sewer and water services necessary for two family dwellings must be installed at the time the streets are constructed. 7 . The homes that are constructed upon Lots 1, 2 , 3, 4, 5 and 6, Block 1, shall be constructed no more than 30 feet from the front lot line. 8. Prior to approval of the final plat, final construction plans for all public improvements shall be submitted and approved by the City Engineer. 9. An Erosion Control Plan and report which addresses construction site erosion, and turf ree- establishment shall be submitted and app the City Engineer prior to the issuance of a building permit for the site. of 10. the platas shown developer la in the preliminary drainage ll be responsible for 1plan. 11. The developer shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. be 12 . No and D1lding Sout Permits shall Parkview 1stAdditi n, until they are replatted. Vote: Motion carried unanimously. XI. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE PLANNED UNIT DEVELOPMENT OF A PUBLIC MINI-STORAGE FACILITY - TONY SADAT. Chrmn. Joos opened the public hearing to consider the preliminary and final development plans for the Planned Unit Development of a Public Mini-Storage facility, located west of Hwy. 169 and south of West 3rd Avenue. ief summary The Assistant She stated t ted Plannergave they proposed development this matt 11fmutes of the PW-11 Shakopee Planning Commission February 3, 1994 covers 7.40 acres and is zoned Highway Business. The applicant is requesting approval of a PUD to construct 10 structures, one office/shop structure, and nine mini- storage structures, each containing between 18 and 70 units. She stated that in order to develop the site as proposed, the applicant will need to receive approval of two variances; first, a variance to the requirement that not more than one principal building be located on a lot; and second, that the PUD sites be served by City water and sewer services except in the R-1 and Shoreland zones. She stated that since City services have not been extended to the site, the Applicant is proposing a well and septic system for the structure. She stated that Staff is recommending that this hearing be continued to the March meeting to allow time for the applicant to provide the necessary information for a more thorough review of the proposed PUD. Tony Sadat, 7375 Scott Terrace, Eden Prairie, Minnesota, approached the podium. He stated that he has permits for the water, storm water, septic tank, and well. He stated that he needs to come back to the March 3, 1994 meeting. Comm. Christensen asked for clarification of why an office was needed at a mini-storage facility. Mr. Sadat responded that it is only a small building for a person to sit, and when someone would come this person would be there to rent storage space to them. Motion: Comm. Christensen/Kelly offered a motion to continue the public hearing to the March 3 , 1994, meeting. Vote: Motion carried unanimously. XII. PUBLIC HEARING: TO CONSIDER THE REZONING OF 21.85 ACRES - VIERLING PARTNERSHIP. Chrmn. Joos opened the public hearing to consider the rezoning of 21. 85 acres, located east of CR 79, south of Mint Circle and north of the proposed bypass, from AG to R-2 . The Assistant City Planner gave a brief summary regarding this matter. She stated that the applicant is requesting that the City rezone the subject site from Agricultural to Urban Residential. The site is proposed for 50 single family residential lots and one outlot. She stated that the public hearing will be held immediately following public hearing. Minutes of the Page-12 Shakopee Planning Commission February 3, 1994 She stated that the adopted 1990 draft Comprehensive Plan has designated this area for Single Family Residential development, which allows detached housing on parcels approximately 9, 000 to 12, 000 square feet in size. The rezoning request would be in conformance with the Comprehensive Plan. The Assistant City Planner stated that Staff is recommending approval of the request to rezone the subject site from Agricultural to Urban Residential. Motion: Comm. Zak/Mars offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Zak/Christensen offered a motion to recommend to the City Council the approval of the request to rezone the subject site from Agricultural to Urban Residential. Vote: Motion carried unanimously. XIII. HOMESTEAD RIDGE ADDITIONS= VIERLING PARTNERSHIP.IDER THE PRELIMINARY LAT FOR PUBLIC HEARING: TO Chrmn. Joos opened the public hearing to consider the preliminary plat for Homestead Ridge Addition, located east of CR 79 , south of Mint Circle and North of the proposed bypass. The Assistant City Planner stated that the proposed development contains 50 residential lots and one outlot on 21. 68 acres. This site is zoned Agricultural, and the Planning Commission discussed the rezoning of this site request, previously. The Planning Commission recommended approval of this rezoning as it is in conformance with the land use portion of the Comprehensive Plan. She stated that one important factor to consider is the noise mitigation barrier since the third phase is located adjacent to Highway 101 Bypass. She stated that Staff recommends that a type of continuous barrier be constructed along, the south boundary of the site to reduce the noise impact. She stated that Staff recommends approval of the Preliminary Plat of Homestead Ridge Addition, subject to the conditions discussed in the staff report. Gloria Vierling, 1461 County Road 79, Shakopee, Minnesota, approached the podium. She stated that she Minutes of the Page-13 Shakopee Planning Commission February 3, 1994 has already received verification that the Minnesota Pollution Control Agency has approved the noise mitigation plan. There was a brief discussion regarding the noise factor and the construction of the homes. Comm. Kelly suggested deleting recommended condition No. 8. The Assistant City Planner suggested deleting recommended condition No. 7 also as this condition would no longer be necessary. Motion: Comm. Mars/Kelly offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Zak/Madigan offered a motion recommending to the City Council the approval of the Preliminary Plat for Homestead Ridge Addition, subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2 . Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign (5 signs x $250 = $1, 250) . Minutes of the PW-14 Shakopee Planning Commission February 3, 1994 f. The Park Dedication Requirement shall be a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. 3 . Approval of the Preliminary Plat shall be contingent upon the City rezoning the site from Agricultural (AG) to Urban Residential (R-2) . 4 . Approval of the Preliminary Plat shall be contingent upon the purchase of Outlot A by the owners of the land to the south (currently Jerome and Gloria Vierling) so that it may be incorporated into a future subdivision. No Building Permits shall be approved for Outlot A until it is incorporated with the adjacent land and receives subdivision approval. 5. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes (5 lots) . Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 6. The Final Plat drawing shall show the exact location of the existing Minnegasco gas line, and the size and location of the required easement. The easement for this gas line shall be recorded with the Scott County Recorder, and the document number shall be shown on the Final Plat drawing. 7 . The applicant shall construct a continuous noise mitigation barrier along the south side of the plat to reduce the noise impact from the TH 101 Bypass upon the development in accordance with the MNPCA noise standards. 8 . The applicant shall sign and record an agreement identifying the possible noise impacts created by the TH 101 Bypass for each property within the plat. 9 . The applicant shall label the east - west street that is proposed to connect with Indigo Lane to the • east as "Indigo Lane" on the Final Plat drawing. 10. The developer shall enter into an access agreement as follows: No direct access from the individual NGnutes of the Page-15 Shakopee Planning Commission February 3, 1994 lots onto CR 79 will be allowed for Lots 1 through 12 of Block 1. Access rights shall be limited by dedicating to the City the access rights in the access agreement, and these access limitations shall be shown on the Final Plat. 11. Approval of the Preliminary Plat is contingent upon receiving an approved Entrance Permit from Scott County Highway Department for Indigo Lane. 12 . Prior to the approval of the Final Plat, final construction plans for all public improvements must be approved by the Engineering Department. 13 . Prior to the approval of the Final Plat, grading and drainage plans, stormwater calculations, and an erosion control plan must be submitted and approved by the Engineering Department. 14 . The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the N.P.D.E. S. Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat. 15. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 16. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 17 . Approval of the preliminary plat is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures. Vote: Motion carried unanimously. XIV. PUBLIC HEARING CONTINUED: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW FILL TO BE PLACED IN THE FLOODWAY IN HUBER PARK. - CITY OF SHAKOPEE, RESOLUTION NO. 663 . Chrmn. Joos opened the public hearing to consider an application for a Conditional Use Permit to allow fill to be placed in a Floodway areas in Huber Park. Minutcs of the Page-16 Shakopee Planning Commission February 3, 1994 The City Planner stated that the City has withdrawn this application. Motion: Comm. Christensen/Zak offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Christensen/Zak offered a motion to accept the withdrawal of the Application for a Conditional Use Permit from the City of Shakopee. Vote: Motion carried unanimously. XV. OTHER BUSINESS: 1994 Planning Commission Work Program The City Planner stated that he is looking for some guidance from the Commission in completing the long range planning projects which are necessary to develop further guidance for the City's growth, with the main focus on updating the Comprehensive Plan. Motion: Comm. Mars/Zak offered a motion to approve the 1994 Planning Commission Work Program and Staff to continue the workshops prior to the regular meetings, and recommended implementing tours of the City. Vote: Motion carried unanimously. Complete Submittal Policy The City Planner stated that application packets have been prepared to assist the applicant in gathering all of the information required for submittals. He stated that all information needs to be submitted before an applicant comes before the Planning Commission. He stated that Staff has worked hard to keep projects moving forward in as timely a fashion as possible. Since the number of applications has grown over the past several years, the time available for Staff to assist projects through the review process has become impossible to keep up with. Therefore, the quality of the project review process has been negatively impacted. Staff believes that with having the improved application packets, the next step is to create a submittal review policy. The City Planner stated that Staff would like to suggest the concept of a more formalized submittal review, which 1 Minutes of the Page-17 Shakopee Planning Commission February 3, 19'94 would not deal with project design issues, but rather ensuring that the necessary items on the checklist have been provided by the applicant by the deadline date. The City Planner then offered two possible alternatives for providing a more formalized submittal review of applications by Staff: first, a mandatory submittal conference; and second, a mandatory 3-day submittal review. Motion: Comm. Christensen/Zak offered a motion to adopt a mandatory 3-day submittal review policy, and recommended to the City Council that a policy on a submittal review be adopted. Vote: Motion carried unanimously. Commission Meeting Objectives and Procedures. This memo was submitted to the Commission basically for review. Memo from City Attorney on the Zoning Ordinance Update. { The City Planner stated that everyone on the Planning Commission will be receiving a final draft of the Zoning Ordinance Update. XVI. ADJOURNMENT The meeting adjourned at 10: 09 p.m. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Community Youth Building DATE: February 9, 1994 INTRODUCTION: At the last Council meeting, the issue of access to the Community Youth Building was addressed. Hopefully this memorandum will clear up any misunderstandings how the facility is accessed and the level of custodial services being provided at the facility. BACKGROUND: Nearly a year and a half ago the City of Shakopee took control of the Community Youth Building. Since that time, we have been responsible for scheduling the facility, building maintenance and custodial services . When we initially took over the facility, a large number of keys were out in the community to access the building. Since it was our desire to maintain security at the building, we promptly re-keyed the building locks . We also placed a combination lock box on the exterior portion of the building. The lock box combination was provided to all building users. To date, this system has worked relatively well . On occasion we have had some minor maintenance problems with the lock box. To resolve this problem, we recently ordered a heavy duty lock box. I have received relatively few complaints regarding access to the building. We have received several complaints from building users regarding unsupervised youth in the building. We have on both occasions informed the person responsible for these youth that they are not able to use the building unless it is scheduled and an adult is present for supervision. All building users have been advised to inform City staff promptly if there appears to be persons using the building in an unauthorized fashion. While the City does not have a formal policy regarding terminating access to the building by groups and/or organizations who abuse our policies . I am optimistic that we can handle problems as they rise rather than formally adopting a policy to punish those who abuse the system. However, if we cannot resolve problems through the normal and customary process, I may be recommending a disciplinary policy at a later date. In terms of building custodial services, existing custodial staff provides cleaning services twice per week. We have strongly encouraged building users to be responsible for cleaning up their own mess . Again, this system has worked relatively well . I believe that the level of custodial services being provided at the facility are adequate at this time and the vast majority of the building users are accepting responsibility for keeping the facility clean. • MEMO TO: Barry Stock Assistant City Administrator FROM: Fulton Schleisman Building Official RE: Housing Code/Enforcement DATE: February 7, 1994 To clear up any misunderstanding about the level of Housing Code enforcement please review the following: 1. All complaints or inquiries are promptly responded to with an on-site visit/inspection as follows: a. Can be requested and scheduled by tenant. b. Can be requested and scheduled by owner/manager. c. No inspection if complaint is by a friend, relative or "agent" of tenant. 2 . Copies of the current Attorney General "Landlord and Tenant" handbook are given: a. To tenants at time of inspection. b. To landlords at time of inspection. c. By mail, to Shakopee owners or tenants who call with inquiries. d. At counter to any of the above. 3 . Visits/inspections are followed up with a letter to the owner/manager when: a. The tenant can show evidence of a Housing Code violation which has not been attended to by the owner. Letter noting violations sent to owner with copy to tenant on request. b. The owner/manager can show evidence of a Housing Code violation not attended to by the tenant. Note this letter also sent to owner/manager. 4 . Results/follow-up of letters: a. Because of staff/time constraints, no follow-up inspections unless life threatening type of violations. b. Tenants often uge letter from Building Official as evidence of code violations in disputes over rent, deposit, leases, etc. in court proceedings. c. Owner/managers use letter from Building Official as evidence and justification for eviction proceedings. In summary, the Housing Code is currently enforced on a complaint only basis, with nominal follow-up. SHAKOPEE February 10, 1994 Mr. Cliff McCann Scott County Administrator 428 Holmes Street South Shakopee, MN 55379 RE: St. Francis Regional Medical Center Acquisition Issues. Dear Mr. McCann: On Tuesday, February 8, 1994 I had the opportunity to share with the Scott County Board of Commissioners at a Committee of the Whole Meeting several facts relative to the City's acquisition of the property formally owned by Marquette Bank property. To briefly summarize the points set forth in my presentation, the City acquired the property from Marquette Bank for$885d,00�0.oRimodce ��e sts which and equipmentincluded ame in at $923 000 tectural fees, construction management fees and mo This was under the remodeling costs estimate. The facility consists of approximately 22,000 square feet. We believe that the City saved between $500,000 to $1,000,000 by pursuing this option as compared to constructing a new facility. At the meeting on Tuesday, Commissioner Underferth questioned what the new building operating costs were. Since yesterday marked our one year anniversary, we do not have a firm estimate of our annual operating costs. However, I can say that we did not experience anything out of the ordinary. I could provide a more accurate figure by the end of the month if you feel it would be of value. Commissioner Foslid questioned what the City parking requirements would be for the St. Francis facility if it were converted to office use. I responded by stating that I thought the property was within the B-3 zoning district in the City and that there were no parking requirements. However, I also stated that I was unsure and would follow up with further research upon returning to the office. I have now researched this matter and have found that the St. Francis Regional Medical facility being considered for acquisition by the County is in fact located in the R-2 zoning district. The R-2 zoning district allows both government buildings and hospitals as conditional uses. In the event remodeling occurs, a building permit will be required. Prior to issuance of a building permit a conditional use permit would have to be secured. The parking requirements under our current zoning ordinance would require one (1) parking stall per 200 square foot of net floor area. In calculating net floor area, the City's zoning ordinance excludes hallways, utility spaces and storage areas. CONNUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 • FAX 612-445.6715 It should be noted that at this time that the Shakopee Planning Commission and City Council are currently in the process of amending the zoning ordinance regulations for the City of Shakopee. Under the proposed zoning regulations the parking requirements for an office facility would be one (1) parking stall per 250 square feet of net floor area. , In summary, it appears that regardless of the existing and/or new zoning regulations parking should be addressed prior to the acquisition of the St. Francis Regional Medical building for office use. Based on the information provided above, Scott County can estimate the amount of parking required once the interior building space has been configured. • If you have additional questions regarding. the land use regulations as they relate to the St. Francis Regional Medical facility, please contact Lindberg Ekola at 445-3650. t Sincerely, _ Barry A. Stock Assistant City Administrator BAS/tiv 111111"iill SHAKOPEE February 4, 1994 Members of the Shakopee Housing and Redevelopment Authority 129 Holmes Street South Shakopee, MN 55379 Joan Lynch, Chair of the HRA, has notified me, Dennis R. Kraft, HRA Executive Director of the City of Shakopee, that a special session of the HRA will be held at 7 : 00 p.m. on Tuesday, Feburary 15, 1994 for the purpose of considering actions on the following matters : 1) Possible acquisition of a dwelling. 2) Any other business which may come before the HRA. Respectful) , 54_ aum.4.6 Dennis R. Kraft HRA Executive Director CC: Shakopee Valley News Amzak Cable Co. KCHK City Hall Bulletin Board DRK:trw COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA SPECIAL MEETING FEBRUARY 15, 1994 Chair Joan Lynch presiding 1] Roll Call at 7 : 00 P.M. 2 ] Accept Special Call of the Chair 3 ] Possible Acquisition of Dwelling (Stans Project - House Relocation) 4 ] Other Business 5] Adjourn Dennis R. Kraft Executive Director , _ H R )4 • � MEMO TO: Dennis R. Kraft, HRA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: Stans Project - House Relocation DATE: February 10, 1994 INTRODUCTION: The Shakopee Housing and Redevelopment Authority (HRA) has received a request from the Stans Foundation to consider providing assistance in relocating a home at the corner of 3rd Avenue and Fuller Street . The home is proposed for relocation due to the Stans Museum construction project which is intended to occupy the existing home site. BACKGROUND: At the present time neither the City of Shakopee or the Shakopee HRA own or have available property that could be used as a lot for relocating the subject house. The vast majority of the parcels owned by the City of Shakopee and HRA are irregularly shaped and undevelopable. One of the options for the HRA to consider if they are interested in working with the Stans Foundation on relocating the home would be for the HRA to acquire a lot in the City of Shakopee. There are other lots within the City of Shakopee that are privately owned that are available for purchase. The HRA should determine whether or not it should become involved in this project . Perhaps it would be more suitable for the Stans Foundation to simply solicit bids for the home site from private developers with a condition that the building must be relocated by a pre- established date . I should also point out that to move a home in the City of Shakopee requires a Conditional Use Permit and Building Permit . Given the fact that the HRA and City do not have parcels that are suitable for the proposition set forth by the Stans Foundation, staff would recommend that the HRA respectfully inform the Stans Foundation that we are unable to accept their proposition at this time and that they be encouraged to solicit bids from private developers to facilitate the relocation of the home site. ALTERNATIVES: 1 . Move to direct staff to inform the Stans Foundation that the City does not have available parcels to facilitate the relocation of the home site in questions . 2 . Direct staff to identify several parcels for possible acquisition by the HRA to serve as the relocation for the home in question. 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Move to direct staff to inform the Stans Foundation that the City does not have available parcels to facilitate the relocation of the home site in questions. HRA/tiv OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 11, 1994 . MayorLaurent called the meeting to order at 7 : 00 PM with Cncl . Lynch, Beard, Dirks and Sweeney present . Also present : Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; - Lindberg Ekola, City Planner; Karen' Marty, City Attorney; Hutton, Public Works Director, and Judith S. Cox, City Clerk. Mr. Kraft stated there was a letter from Thomas J. Reiter, Attorney aat Law, to the City with the intention to purchase s Landing. Mr. Reiter could not at this time disclose who he was representing, but was requesting Council to consider a short term • Valley extension the currentmanagement (MVRP) ratherthan a long term contract . Valley Restoration Project Thomas Reiter, Attorneyat Law, stated that he had contact with Cliff McCann from the County and would try to get a meeting with the County board. He stated that might to extend thebcontractrfor of the City and the possible purchasers only one year so negotiations$eould be successful stated there are sur eythe concernse cclosing could be feasible . concerns over ownership of the buildings and environmental concerns to be reviewed. Cncl . Sweeney suggested extending the current agreement with MVRP until April 1st, 1994 . Cncl . Lynch commented onethat lke to see the current can hire a new director agreement extended for year so MurphysShe also stated a and try to get back on track financially. concern as to what the property would be used for if it were sold. ate Mayor Laurent informed the Council that the City He stated thatconcean ethelofferlis one party to sell City property. made public other parties could enter a bid to the City for this property. Jake Manahan, MVRP Board, stated that Murphy' s is preparing for g Kirin a new director, marketing programs and another season by other changes . He stated that if this "new" Murphy' s has a chance to make it, it would need the support of the Council put and a long long term extension on the contract . Mr. Manahan suggested twoeh t allow weeks, t s o o t item on an accelerated evaluation process, tt all the loth MVRP Board to meet with Mr. Reiter to g Council . possible and come back in front of the City Ed Dressen, Shakopee resident, commented that Murphy' s has been in the public`-trust for sometime and a very important historical site dating back to WWII and has failmany itIndian a could then become a parttof that if Murphy' s were to Memorial Park, but he did not want this property to be sold and have Murphy' s Landing be destroyed. Official Proceedings of the January 11, 1994 Shakopee City Council Page -2- Ms . Marty commented that Murphy' s is not dedicated park land. Mr. Ekola stated that a portion of Murphy' s is within the flood way portion. Bill Laing, Search Committee for a new Director for Murphy' s Landing, stated that there is a need to move rapidly since Murphy' s is in the process of hiring a new director. He stated that he would not like to see Murphy' s be destroyed. Cncl . Lynch stated that unless she knew the intent of the purchasers and whether the citizens of Shakopee are agreeable to sell the property, she would not be willing to vote on this in two weeks . Mr. Reiter stated that the proposed use of this property would not be inconsistent with the activities that are going on now; such as a museum and interpreter center. He suggested he meet with the MVRP Board on ruarhe 20th of andaaskrCouncianletoback extendfront contractCfor C Council on February 1st an additional 30 day period. Mr. Manahan stated that Mr. Reiter' s suggestion would be fine . But in the event' st should be e City decided ato go long termopurchase, that Murphy' s operating contract rp yy effective immediately to prepare for the season. Beard/Sweeney moved to extend the temporary lease with MVRP until February 28, 1994, and direct the City Administrator to monitor the proceedings and as soon as he has indication that the long term lease should be drafted to direct the City Attorney to do so. Motion carried unanimously. Mr. Kraft explained that at Council' s direction, staff had prepared more cost estimates and alternatives to the Chaska interceptor project . Mr. Hutton gave a brief description of Alternatives A-G for the interceptor project and their costs . He stated that Alternative B with the estimated cost of $4 . 6 million would be the best alternative for the City at this time. Mr. Hutton stated that the cost is based on flow and Shakopee would be set up for 17 cfs (cubic feet/second) which equals approximately 5 . 5 gallons per day. The total cost for MWCC would be approximately $22 million for Alternative B. Mayor Laurent stated that Shakopee would not have to pay for the hook up to Jackson Township, even though it would be installed now, until such time as this area was brought into the City and within the Metropolitan Urban Service Area (MUSA) . January 11, 1994 an Official Proceedings of the Jane -3- Shakopee City Council Mr. Hutton explained that the total estimatE would ed $100t000 and tmaintain life four lift stations in Alternative Alternative E would not be able of a lift station is 20-25 years . { to handle Jackson Township. Dan Boxrude, City Consultant from Short-Elliot-Hendrickson (SEH) , stated that if the MWCC uses the design they' re proposing for the 5, 000 interceptor there would be 6 cfs and could handle roughly houses if all in Jackson Township. Mayor Laurent stated he had a meeting with Mr. Ohm, the attorney t with Met Council, and informed Council that the contract is still negotiable . He stated that heeoslfuture costssee would entaillanguage with the contract as to what Shakope regard to future expansions into Jackson Township. Representative, stated there would be Saundra Simonson, Met Council Rep_ no problem with writing the cost portion of Jackson Township into the contract . Cncl . Sweeney commented on the Chanhassen contract and questioned why Chanhassen is getting the same usages for less money. Alan Dye, Engineer with MWCC, stated that Shakopee' s costs are higher due to construction. Cncl . Sweeney stated that he would like a description of t he n land an in Shakopee that would refer to Section 6 . 1, including lakes, streams, wetlands, floodplains, parks, open space etc. and what benefit this language would have for the City of Shakopee. Ms . Marty stated that same language was in the Shakopee contract on page six stating the number of acres it involves . Saundra Simonson stated that the agreements on by stafftthoroughly,amount of acreage of vacant land had beennegotiated Bob Davis, Planner with Met Council, stated that the 2300 acres refers to Shakopee' s urban service area for the year 2000 . Cncl . Sweeney stated concern that Shakopee is buying into this project for $4 . 6 million and cannot use it because only 60 acres of land is in the serviced area, inside the MUSA line. Gloria Vierling commented on the City paying for increased capacity through SPCC charges, so if Shakopee pays 4 . 6 million up front is this being paid for twice. Jack Frost, Met Council, stated that there is reserve capacity at Blue Lake Plant which is the majority of the SAC fees . Official Proceedings of the January 11, 1994 Shakopee City Council Page -4- Mr. Kraft stated that MWCC staff arrived at ten financing alternatives and that Shakopee staff had decided that four of them would be feasible. There was either a 20 or 30 year option. One option was to pay interest for five years and then every fifth year pay one quarter of the principle . Mr. .Kraft stated one option that he would suggest would be to sell zero coupons for few years and pay nothing and hopefully enough land will be brought into this project that it could pay itself off entirely. Brian Ohm, Attorney, stated that Exhibit B is left blank at this point until the City decides which financing option they would choose. as Cncl . Sweeney stated that he would likeotoe see in the contract, unconstitutional stated in the Chanhassen contract, 5 takings, hardships and unique circumstances . Brian Ohm, Attorney, stated adding that portion to the contract would not be a problem. Ms . Marty commented that she was not concerned with the unconstitutional takings, but it does not hurt to have this language in the contract . Mr. Kraft stated that Shakopee' s insurance is through the League of Minnesota Cities and there is a limit of liability in the event an unconstitutional taking should occur. Sweeney/Dirks moved to direct staff to go back to Met Council and negotiate some of these other issues, such as cost for annexing land from Jackson Township, the amount of acreage for year 2000 MUSA line and all the benefits laid out in specific language in Chanhassen contract, add language about unconstitutional takings, and financing options; and give Council an improved draft to look at . There was a consensus by Council to support Alternative B (CR-79 connection) . Motion carried unanimously. not e back oara aunt on stated that for Jackson Township hookCC dups but rather a formula as dollar amount to how it will be calculated. Mayor Laurent asked whether the City could transfer its flow amount to Jackson. Township from another area in Shakopee . Brian Ohm stated that would not be possible since the City is paying for the portion of the pipe that was built for the City. January 11, 1994 Official Proceedings of the Page -5- Shakopee City Council Jack Frost stated that the City is lotedtays within th17 cfs an . e doesn' t matter where it' s piped from as long as to Beard/Sweeney moved to express intent the ChaskalInte�ceptor as participate with the MWCC to constructA at CR-15 on the map gravity sewer from location noted as point pending satisfactory completion of negotiations indicted in the previous motion. Motion carried unanimously. Ms . Simonson thanked everyone for working on the negotiations and positioning the City for growth. Mayor Laurent asked for comments from the audience. There was none . Mayor Laurent recessed the City Council meeting for a short break at 9 : 08 p.m. Mayor Laurent reconvened the City Council meeting at 9 :25 p.m. gave a brief presentation on the 1994 Pay Plan for Mr. Stock Officers and Non-Union Employees . He stated that the police 6 contracts for 1994 and the Public Works ionmenfor ' 94-96 Swill receive a three percent cost of g ad stated that the City contribution for medical insurance would increase by $20\mo. for all employees. Cncl . Lynch asked whether there could be a cap on the medical insurance to stop it from increasing. Mr. Kraft stated that Council can put a cap on the medical insurance, but only for the non-union employees . Cncl . Sweeney stated that he would like toubhave c optsoionyBc (using 1994 officers pay plan) presented to the p see what the police officers pay does to the rest of the City employees pay. Mr. Stock reviewed the 1985 studywhich estabthe c shadeapoints for rth position classifications as part orequirements . He explained the 1993 update of that study. He explained the four payment options . Cncl . Sweeney suggested the. City consider performance incentives, part in pure salary and part in evaluations . Mr. Kraft-stated that evaluations of ch aindivh p dual position takes loyee take time and also to implement the criteria f considerable time . 1 1 C 11, 1994 Official Proceedings of the JanuaryJae -6- Shakopee City Council gether a Sweey/ ch direct employees to thatattempt includes ut o Performance payayplan incentives . Cncl . Sweeney suggested putting $59, 000 into the pay plan, half of what we anticipated saving plus the $29, 000 that is budgeted. He stated it should be a 40/60 performance based incentive (40 to performance objectives) . Mr. Kraft stated that Unions are hesitant to do performance incentives, they prefer to pay everyone the same amount . He stated there was no bonus done for 1993 , but under State law it could be done. Mayor Laurent stated that for the performance incentives he would like to see 100 percent being a tough goal to meet, but not impossible . Mr. Stock stated behat foretany a�tion would be takeninvestige the performance bonus program further Mr. Kraft stated that the 60 percent would be effective January 1, ive if the d. He 1994 and would need to be would also needetoobetmeasurement crtion iteria as set up at stated there t a later date. Motion carried unanimously. Mayor Laurent adjourned the meeting to Tuesday, January 18, 1994, at 7 : 00 p.m. Meeting adjourned at 10 : 20 p.m. 44a <21. 026 VCith S. Cox y Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 18, 1994 Mayor Laurent called the meeting to order at 7 : 00 PM with Cncl . Lynch, Beard, Dirks and Sweeney present . Also present : Dennis Kraft, City Administrator; Barry Stock, Asst City Adtinistrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director, and Judith S. Cox, City Clerk. Mayor Laurent added to item 8 : Kris Dirks resignation from the CDC. Laurent/Sweeney moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by the Councilmembers . Mayor Laurent gave the Mayor' s report . Mayor Laurent askedanyone if endaentin There hwas noe ir sponsewished to speak on any item not on the ag Sweeney/Lynch moved to approve the consent business . Motion carried unanimously. Beard/Lynch moved Mtoiapapprove eiththe uMinutes of December 8th and 21st (2 sets) , 1993 . Sweeney/Lynch moved to accept the resignation of Kris Dirks from the Community Development Commission with regrets . (Motion carried under consent business . ) Mr. Ekola gave a brief presentation on the request for a registered land survey (RLS) for Don McKush. Planning suggested approval of the RLS with one condition. The parcel does not have any street access and is a separate parcel of record and divided by the city limits of Shakopee and Prior Lake. This survey can help identify land description and is for title purposes . Beard/Sweeney offered Resolution No. 3940, a Resolution of the City of Shakopee Approving the Registered Land Survey for Mr. Donald H. McKush, and moved its adoption. Motion carried unanimously. Ms . Cox explained the results of City Council votes for appointments to boards and commissions . Ms . DuBois and Mr. Joos received the majority of votes for the two openings on the Planning Commission. Ms . Vierling received the majority of votes for the Shakopee Public Utilities Commission. Mr. VonBokern received the majority of the votes for the Police Civil Service Commission. The votes cast were as follows: Planning Commission: Dauenhauer: Cncl . Dirks Dubois : Cncl . Beard, Lynch, Sweeney, and Mayor Laurent Official Proceedings of the January 18, 1994 Shakopee City Council Page -2- Shakopee Public Utilities Commission: Joos : None Vierling: Cncl . Beard, Dirks, Lynch, Sweeney, and Mayor Laurent Police Civil Service Commission: Morke: None VonBokern: Cncl . Beard, Dirks, Lynch, Sweeney, and Mayor Laurent Ms . Cox explained that there was no contest in the openings for other boards and commissions . She said that the resolution prepared for Council consideration already includes the names of individuals for appointments to the various boards and commissions . Sweeney/Lynch offered Resolution No. 3942, A Resolution Appointing Individuals To Various Boards and Commissions, and moved its adoption. Motion carried unanimously. Sweeney/Beard moved to direct staff to take the appropriate steps to implement the City Clerk' s recommendations to improve the appointment process for boards and commissions as outlined in her memo dated 1-13-94 (CC DOC #208) . Motion carried unanimously. Mayor Laurent opened the public hearing for the proposed vacation of the alley North of Lots 3 , 4 and 5, Block 30, Original Shakopee Plat . Mr. Ekola gave a brief presentation on the public hearing. He stated that after review it was determined that the alley is a public alley and the Planning Commission is recommending approval of the vacation. Minnegasco and Shakopee Public Utilities Commission are requesting that an easement be retained for the existing utilities in that corridor. An easement would be needed to provide access to two driveways that exit into the alley to be vacated. Mr. Ekola stated the Southern part of the alley would go to the apartment building, and the Northern portion to the City. Ms . Marty commented that Pablo' s would receive half of the alley and would also like to purchase a portion of the City' s half of the alley in the future . Paul Schwaesdahl, owner of Pablo' s, stated that he would like to put in a fountain at Pablo' s . He stated that he would accept the liabilities of having the fountain if he owned the land. He stated that he wants to add plants and shrubs to the front of the building. Dave Mooneh, owner, Scott County Abstract, was concerned with what access he would receive through the easement . He commented that he requested the first vacation (of the West 1/2 of the alley) in 1982 . He stated he would not oppose the vacation as long as he has access from the garage on his property to the City parking lot . Official Proceedings of the January 18, 1994 Shakopee City Council Page -3- Councilmembers discussed what affect future development of the parking lot would have on this alleyway if vacated. Mayor Laurent closed the public hearing. Ms . Marty stated that with the preparation of the vacation of the alley, the legal descriptions for an easement for access for the garages to the South would be set out . Sweeney/Lynch moved to table the vacation of the alley North of Pablo' s to the next meeting until the legal aspects are completed to define the easement . Motion carried unanimously. Mr. Hutton gave a brief presentation on the proposed vacation of Pierce Street between 3rd Avenue and 4th Avenue. He stated there is no curb and gutter and the road is in very bad shape . Staff was directed to do a feasibility report to see if it could be vacated. There are five options to be discussed for cost, impacts on neighbors and assessments. Dave Nummer, Civil Engineer, went through the options that are presented by Staff. He stated the vacation would be an option if access to two properties was available. Option four is being ng recommended by Staff and Planning Commission costing $7, 000 .option would be to maintain drainage easements and utility easements within the vacated area. Option four would be 25 percent assessed since it is reconstruction. The City would retain a 16 foot wide alley within the Northerly 1/2 of Pierce Street to be used by the City. The standard curb and gutter will be replaced at the ends of the alley. cy Mr. stated stated there that access both s des 4th of the Avenue alley could nbe vehiclecle s .. assessed. Cncl . Beard stated thatiffoall Pierce Street were paved then zonal assessment would be used s . Mayor Laurent opened the public hearing and asked for comments from the audience . Doug Greening stated that he would like to have Pierce Street the assessmentoved weh curbmy and gutter and not have the alley. He be more but the property value would increase. the may ng the street, Mr. Hutton stated et lot df ttion 3 ,thee whole streetrwaslreconstructed. would be about $700per Mayor Laurent informed Mr. aGreening r ehis yard.that by taking Option 4 he would receive 40 feet Nancy Lee, 718 W. 3rd Avenue, stated that her property does not need access and would not like to pave the whole street . She would like to see the whole area vacated since she owns four lots on the North side . Official Proceedings of the January 18, 1994 Shakopee City Council Page -4- Mayor Laurent closed the public hearing. Mr. Hutton stated the pavement and curb and gutter are_ included in the $30, 000 cost estimate . There would be no sewer and`water since it is not needed. He stated that reconstruction of the street has been in the five year plan. Sweeney/Beard offered Resolution No. 3938, A Resolution Vacating Pierce Street, from 3rd Avenue to 4th Avenue Except Alley, Original Plat of Shakopee, Scott County, Minnesota and moved its adoption. Motion carried unanimously. Mayor Laurent opened the public hearing for the improvements to Pierce Street . Mr. Hutton gave a brief description of Option four and stated the cost would be about $7400 and 25 percent assessment. He stated that five blocks on either side of the alley would be assessed at $185 per lot . The other option would be to not assess the South side of the alley at all and assess only 2 1/2 lots on the North using the zonal assessment . Councilmembers discussed the zonal assessment . Cncl . Sweeney suggested not assessing anyone since the zonal assessment is for reconstruction of streets . Nancy Lee stated that she would not like to be assessed for the project . Mayor Laurent closed the public hearing. Mr. Hutton stated if the project is to be constructed the Resolution should be adopted. Once the project is ordered then a follow up motion would be needed if Council desires to not assess the properties. Beard/Lynch offered 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 moved its adoption. Motion carried unanimously. Dirks/Lynch moved that the improvements to Pierce Street from 3rd to 4th would not be assessed to the properties . Motion carried unanimously. Mayor Laurent recessed the City Council meeting at 9 : 00 PM for a short break. Mayor Laurent reconvened the City Council meeting at 9 : 10 PM. Mr. Ekola gave a brief presentation on the preliminary development plan and the final development plan for Eagle Creek Bluff . He stated the development was 67 acres with 32 single family lots with CR-18 to the West and City of Savage boarder to the East . He Official Proceedings of the January 18, 1994 Shakopee City Council Page -5- stated the Planning Commission was divided at a 3/3 vote on whether or not to connect Boiling Springs Lane to the North and Council has a letter from Comm. Zak on the table . Mr. Ekola stated that there is to be open space around the trout stream to protect the for the site. He suggestedDNR thatlwill Block be, Outneelot A be the sepaoratetion of block. the site. Mayor Laurent commented that perhaps lots 7-8 should be created differently so variances would not be needed for the frontage. He commented on the variances that perhaps the city should reduce lots to 2 1/2 acres for PUD requirement and asked whether the Council should approve preliminary plat without the exact number of lots or land to be included. Mr. Ekola commented that Outlot E was added to the open space . He stated that the developer is proposing 31 acres of open space which is in accordance with the City' s 20 percent policy. Mr. Hutton commented that the development would need to comply with the Wetland Act . He stated they have done delineation and applied to Technical Evaluation Panel . Mr. Hutton stated the drainage precis exempt develo developer from draining Wetland only draini g or filling the wetland area, precluded the p but not from it being on the property. Cncl . Sweeney suggested that the deeds include covenants over wetlands. Mr. Ekola commented on three suggestions : restrictive covenants of PUD, Homeowners Association; City require dedicate as wetlands or City acquire that area; or dedicate to public easements . Mr. Hutton suggested getting drainage easements around wetlands in the plat . He stated that wetlands number 2-4 are protected by the DNR and not the City. Mayor Laurent stated he testsWoSoil tests and sewage tests like information on the well location, Percolation Dennis Griswold, Developer, stated that Mr. VanZee has a purchase agreement for Outlot B and the Plat should be amended to include it . He stated that the design around Eagle Creek Bluff Ave to CR- 18 was changed to 45 mph zone for Collector Street . He commented that they were not concerned with the connection to the current Boiling Springs Lane. Mr. Ekola explained the differences between park land and open space . Mr. Griswold stated that they are proposing to have a wood chip path and bring in pine trees of 10-12 feet which Mr. VanZee has on another property. Official Proceedings of the January 18, 1994 Shakopee City Council Page -6- Mr. VanZee stated that the ordinance allows a 40 percent credit in park dedication fees if the piece of land has natural value to community and meets requirements. Cncl . Sweeney stated he wanted an interpretation of the ordinance. Mayor Laurent stated he wanted more information on the well location, 40 feet lot setback, number of lots in blocks and specific plans for trees and species . Mr. VanZee requested that he have an opportunity to show Council the plans for park space in the adjacent Savage development of property at the next meeting. Mark Gilbertson, 9326 Boiling Springs Lane, commented on his letter to council . He stated there are safety issues and traffic issues to be looked at . He commented that the neighborhood (to the North) did not want the street (Boiling Springs Lane) to go through their development . Mr. Hutton stated that the developer would construct the street to his property line and the City would cost share the rest of the portion to connect Boiling Springs Lane to the North. He commented on a street in the Hauer Addition and how it is not connected to the adjacent street . Randy Sauer, 9401 Boiling Springs Lane, commented on their lot size of 2 1/2 acres and the deep frontage. He stated they have small ranches and it is a rural area and they wanted it kept that way. John Pribble, 8963 Boiling Springs Lane, stated that he did not want the through street . Bruce Kupfer, 9130 Boiling Springs Lane, stated that this neighborhood had culture and character and wanted to keep it as it is . Randy Sauer, 9401 Boiling Springs Lane, suggested having two cul- de-sacs and allowing Mr. Larson to get an easement through his property to gain access and there would be no need to put the road through. Mr. Hutton stated that the traffic issue and safety issues are not that imperative . He stated that the developer who developed the first Boiling Springs Lane must have foreseen that street going through at some point in the future since there were not houses put around the cul-de-sac area. He stated the issue of traffic is not a problem and commented that they currently have two trips by the mailman, busses and garbage trucks with the current cul-de-sac instead of just one trip. Sweeney/Beard moved to direct Staff to connect the two Boiling Springs Lane cul-de-sacs together to form one street . Motion carried with Cncl . Beard dissenting. 18, 1994 Official Proceedings of the JanuaryJage -7- Shakopee City Council Mayor Laurent recessed the City Council meeting at 11 :15 PM for a break. Mayor Laurent reconvened the City Council meeting. Ms . Marty gave a brief presentation on the Chaska Interceptor Agreement . She commented on the payment plan and that staff is recommending Alternative B. She stated there has been a formula added to the agreement for the cost of the City to add Jackson Township. She stated that as long as the city doesn' t a pexceed dsany segment then the City would not need to pay for Jack Frost commented that each point has different sizes and different pay percentage of the total cost . Alan Dye, Met Waste, commented that the cost differences came from another consultant and that some of the incre. and ses ha 48to pipe there maintenance. He stated that with a 42 in. pip there could be a 25 percent increase in flow. Mr. Dye stated that the capacity is used o d d take r a longer ou t three gent; therefore ire lengths lof f point pipe.B was eliminated that ded to the Ms . Marty stated the oved to e of takings De ember lad 1994, theaCitymcan and the payment date pay by check or wire. Brian Ohm, Met Council, stated the Met Council Authority was written to protect four systems : sewer, transportation, airplanes and park and open space. e He statedfour they could modify the Comp Plan if it impacted one of the. Beard moved to amend the agreement, and moved to authorize the appropriate City officials to enter into the amended agreement. the City off o Motion carried unanimously. Mr. Voxland asked for conwouldsof Council as to the be recommending AlternativeaBCing options . He stated Staff The agreement with Met langufor age that sharing for Shakopee' s rural• service Chaska Sewer Interceptor includes that density standards shall be one residential unit per ten (10) acres . The City zoning ordinance permits 2 1/2 acre ls . City ntCouncil l was concerned about the inconsistency. Marty coC there is a statute which permits im ordinancelum on while•velothe Anew mentzoning . The Council could adopt an ordinance is being prepared. Ms . Marty read an ordinance that would prohibit Sethe subdivisrvice Area ion of parcels of land outside the Metropolitan Urban A) into lots`-smaller than 10 acres for a period of one year. Sweeney/Lynch offered Ordinance No. 369, Fourth Series, An Ordinance of the City of Subdivision ,of Certain ,Paraopting els of Land Into Ordinance Prohibiting Official Proceedings of the January 18, 1994 Shakopee City Council Page -8- Lots of Less than Ten Acres in Area, and moved its adoption. Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate City &fficials 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. (Motion carried under consent business . ) Sweeney/Lynch moved to 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. (Motion carried under consent business . ) Sweeney/Lynch moved to maintain the status quo of not providing accident coverage to boards and commissions . (Motion carried under consent business. ) Sweeney/Lynch moved to approve bills in the amount of $3 , 666, 566 . 15 ($2, 405, 597 . 50 is debt service payments) . (Motion carried under consent business . ) Sweeney/Lynch moved to authorize the advertising for bids for the replacement of underground fuel storage tanks . (Motion carried under consent business. ) Beard/Sweeney offered Resolution No. 3933, A Resolution Adopting the 1994 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. Sweeney/Lynch moved to direct the appropriate City officials to enter into an extension of the Murphy' s Landing lease until February 28, 1994 . (Motion carried under consent business. ) Sweeney/Lynch moved to schedule a Committee of the Whole Meeting to discuss the draft zoning ordinance on January 25, 1994 following the adjourned Council meeting at 7 : 00 PM. Motion carried unanimously. Sweeney/Lynch offered Resolution No. 3937, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the Knights of Columbus #1685, and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 3944, a Resolution reassessing certain property, and moved its adoption. (Motion carried under consent business . ) Mr. Kraft stated that all council would be present at the Jackson Town Board Meeting January 26, 1994 along with Mr. Kraft and Mr. Hutton. Official Proceedings of the January 18, 1994 Shakopee City Council Page -9- Mayor Laurent adjourned the City Council meeting at 12 : 20 p.m. until Tuesday, January 25, 1994 at 7 : 00 p.m. u ith S . Cox y Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 25, 1994 Mayor Laurent called the meeting to order at 7 : 02 p.m. with Councilmembers Lynch, Dirks, Sweeney and Beard (at 7 : 07) present . Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; and Lindberg Ekola, City Planner (at 7 : 10) . Mr. Kraft stated there was a letter from Jake Manahan, MVRP, concerning Murphy' s Landing on the table. He stated that contract RP Board met and discussed the long-term operating of Murphy' s Landing with the City. Also, they were approached by Mr. Reiter, on behalf of unknown parties, desiring to purchase Murphy' s Landing. Mr. Kraft stated that Murphy' s Landing would like the City to grant a contract until December operating ting contract aif provision theCity that MVRP agrees to renegotiate negotiates a sale of Murphy' s Landing property to unknown parties represented by Mr. Reiter. Cncl . Beard arrived at this time. Jake Manahan, MVRP, stated that the board did meet with MH stated Reiter and discussed the possle sale of three year, s Landing. e contract with the City that MVRP would be requesting to allow them to raise funds. omment d the Mr. Reiter, attorney for prHeexpressed°posed c concernsc about ea 3n year meeting with the MVRP. suggested that a contract contract between the City and MVRP. Hu chase of Murphy' s Landing econtain language that if there is a p that the purchaser would take subject to that contract for a one year period. Cncl . Sweeney suggested athe proposed soCouncil a sercans look more the Council an idea as to thebid price clearly at the situation. Mr. January Reiter stated that he could contact the purchaseAttorney possibly 26th to set up a meeting to discuss the make the offer within leinvestors need and who owns the buildings days . He stated that before they can to knowowwhat is for go further. Ms . Marty informed Council that the city may negotiate the sale of property with no obligation no putome forwardton the to market tiatee the offer is made in public anyone would Jake Manahan stated that waihire a director anddays start preparing for e difficult for them since they want tothat the season if there is to be another season. Hest in position hdid not feel that allowing the seller, the owner, to of the property for a significant period of time after the closing could work. Mayor Laurentin ted he (one snceyear Murphy' s is actually renting the is not unusual in businesses Official Proceedings of the January 25, 1994 Shakopee City Council Page -2- space and giving a notice of one year is adequate. He stated it would also give the employees a one year notice. Cncl . Lynch stated that she would like to see council make a decision soon so Murphy' s can start to prepare for their season. Mr. Barker stated that Murphy' s has . nine full-time and up to 50 part-time employees Mr. Reiter explained that the proposed use would not be inconsistent with the activities currently being carried on at Murphy' s Landing. Cncl . Beard stated that he is comfortable with the three year contract with MVRP with the one year clause allowing them to continue operation for one year after a sale of Murphy' s Landing by the City. Cncl . Sweeney stated that Murphy' s could wait 14 more days with no real damage to the hiring of a director and preparing for the season. Cncl . Dirks stated that she would prefer to wait the 14 days and work with Mr. Reiter to get all the information on the table before making a hasty decision. She commented she would like the investors to disclose who they are. Mayor Laurent stated he was not concerned with the identities of the investors but rather the land use and what the property would be used for is of more importance. Cncl . Sweeney commented that possibly a reversionary clause could be put into the contract to avoid the change of the land use . Ms . Marty stated that she has stopped drafting the contract at this time, but that there were to be many termination clauses in it as far as non-performance issues and dates. She stated that economic performance would be included in the contract, Murphy' s would need to break even. Ms . Marty stated that a number of the houses are not in compliance with the building fire code. Cncl . Sweeney stated the heating system was down along with the water system. Mr. Barker stated they were complying with the 30 day provisions but would be asking for 60 days. He stated that the fire marshall' s inspection had nothing to do with the water going out, this has been a problem with the weather. Officer Kaley stated he went to Murphy' s Landing to investigate a house that apparently had no heat and as he entered the home it was approximately 70 degrees. However, there was no water in the apartment but she had bottled water in the apartment . 25, 1994 Official Proceedings of the JanuaryJage -3- Shakopee City Council Mr. Manahan commented that funding for the new director would need to be done, hopefully by February 1 . He stated they have a potential director in mind and would like to hire someone soon. Councilmembers stated they would be in favor of keeping Murphy' s Landing as it is. Mayor Laurent stated that the City does not have an obligation to get an appraisal, however, the City must sell the property in the best interest of the City. Mr. Reiter stated he could have a letter of intent to the City Attorney in one week which would indicate the purchase price and general parameters. Dirks/Lynch moved to table the Murphy' s Landing Lease until February 1st toallow lcarried Reiter with Cncl .time to Beard put offer on the table. Motion Mr. Kraft gave a brief introduction on the Chaska Interceptor Financing Plan. He stated there were four options in front of the Council and commented briefly on them. Mr. Voxland oehasOreomenied Option B. (MWCC issue bonds and the City repay years principal at five year intervals . ) Cncl . Sweeney suggested using internal financing by borrowing from the TIF Fund. Discussion followed. Mr. Kraft stated the last tax increment financing district has to be dissolved in 2003 . Mr. Voxland stated that all the existing bonds would have to be paid off by 2003 . Mr. Kraft stated that Met Council would not be acting on this for a few weeks and was not nce ned with usindetermining tonight what method of payment Shakopee Cncl . Beard stated he did ndttwints development .seesr rates raised or the general levy raised to fds an Cncl . Sweeney stated e 1s fundensint �elthed esewerhave fund has the nability the money to the se to raise money. Sweeney/Lynch moved to direct staff to review using internal financing to pay the City' s' share of the cost for the Chaska Sewer Interceptor. Motion carried unanimously. Mayor Laufent asked for comments Jackson Township Councilmembers regardinggannexation ing the (January 26th) meeting of the P & V Addition. r ". I I Official Proceedings of the January 25, 1994 ! Shakopee City Council Page -4- Cncl . Sweeney stated that he agreed in principal with the 200 acre I annexation and that it would be madness not to annex the eight acre I island of the P & V Addition. t Cncl . Lynch stated that if there was a problem with the annexation without the Addition that the P & V Addition should be annexed, if there is not a problem and the residents don' t care to be annexed at this time, wait until a later date. Cncl . Beard stated that orderly annexation doesn' t leave out the P & V Addition. Mayor Laurent adjourned the meeting to January 26, 1994 at 7 : 00 p.m. Meeting adjourned at 8 :50 p.m. t 0 1,41.) . .ith S. Cox C y Clerk ' Debra Zabel ; Recording Secretary I OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE, MINNESOTA JANUARY 26, 1994 The meeting was called to order at 7:00 P.M. by Mr. Norbert Theis, Chair, Jackson Township Board at the Jackson Township Hall. Jackson Township Board members present: Mark Luce, Jim Ramaker, and Rose Menke, Clerk. Shakopee City Council members present: Mayor Gary Laurent, Mike Beard, and Bob Sweeney. Joan Lynch and Kris Dirks arrived later. Shakopee city staff present: Dennis R. Kraft, City Administrator; Dave Hutton, Public Works Director; and Judith S. Cox, City Clerk. Mr. Theis explained that the sanitary sewer is going through in the area North of the bypass in the area being considered for annexation. He said that the issue under discussion tonight is whether or not the residents in the P & V Addition wish to be sewered. w said nee ed to serve the ackson Township does want Addition,to that keep is anothr them. If sewer and water iss ne question. Mayor Laurent explained that the City is growing and is looking at annexation. This is something that has been talked about for years. It makes sense to annex property lying North of the bypass. He said that neither the township nor the City are making them annex at this time. The purpose of the meeting is to report on what improvements can be done and their cost. Mr. Hutton explained that i e was asked to rovements to then P & V Additionepare a iliHe y study on providing public pg went through each of the publicthepcostments of each, andntheoCityes wwould get to the development, assessment policy for each. The improvements included sanitary sewer, watermain, storm sewer and street construction including curb and gutter. Ms. Cox explained the payment options. Mr. Kraft explained that the City recently agreed to enter into fora contract to fund the City's share of the trunk sanitary sewer Chaska to Blue Lake atb cost ofIncluded00n•this agreementThis will lthe low development South of the bypass. City agreed to trading out industrial property for residential property (2 for 1) to be included within the Metropolitan Urban Service Area (MUSA) . This could allow the extension of the MUSA to include land North of the bypass. Questions were raised by members of the audience: will P & V Addition be forced into annexation, what are costs for What are a plumber to make sewer andwaterconnections what are the benefits to the the costs of required permit homeowners to be annexed? Discussion followed. Official Proceeding of the January 26, 1994 Shakopee City Council Page -2- In response to questions on how soon sewer and water could be available to residents, Mr. Hutton responded. First- annexation would be completed, second the MUSA would need to be expanded, and third the required hearings would take place for the proposed improvements. Additional questions raised by members of the audience: will taxes go up, must homeowners hook-up to sewer and water, will wells have to be abandoned? Discussion followed. In response to questions, Mr. Theis explained that the annexation agreement allows Jackson Township to keep the taxes on annexed property for five years. He reiterated that Jackson Township would like to keep the P & V Addition in the township. He said that the meeting tonight is just to learn whether or not the residents wish to be annexed. No one is forcing them either way. Discussion followed on assessing for the improvements and the benefit test. How much will the improvements raise the value of (benefit) the properties? Mayor Laurent suggested that the City may need to get a benefit appraisal. Mr. Theis stated that Jackson Township will contact their assessor to see what the increase in value would be because of the improvements. After discussion, Mr. Theis asked the residents to go home and think about whether or not they wish to be annexed to the City of Shakopee and come back for a meeting on April 5th at 7: 00 P.M. The meeting was adjourned at 8 :40 P.M. jith S. C x & ty Clerk Recording Secretary CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City ityiPlanner Registered Land RE: Amendment to Resolution Approving the Survey for Mr. Don McKush DATE: January 28, 1994 INTRODUCTION AND BACKGROUND: At their January 18, 1994, meeting, the Shakopee City Council approved 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. Resolution No. 3940 was 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. Since the approval of this Resolution, staff has determined that only two signatures are required for the recording of a Registered Land Survey. A signature block requires spaces for the Mayor and the City Clerk, but the signatures of the Planning Commission Chairman and the City Attorney are not required. STAFF RECOMMENDATION: Staff recommends that the City Council amend Condition No. 1 of Resolution No. 3940 to read: 1. The signature blocks on sheet 1 should include a space for the City Clerk and the Mayor. A signature block for the City Manager is not required and should be deleted. ACTION REQUESTED: Offer Resolution No. 3950, a Resolution Amending Resolution No. 3940, a Resolution of the City of Shakopee Approving the Registered Land Survey for Mr. Donald H. McKush, and move its adoption. {CR'YCOUN RLSAMEND.215: RESOLUTION NO. 3950 A RESOLUTION AMENDING RESOLUTION NO. 3940, A RESOLUTION OF THE CITY OF SHAKOPEE 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 recommended its approval; and WHEREAS, the Shakopee City Council did approve the Registered Land Survey described above on January 18, 1994; and WHEREAS, the City has determined that the recording of Registered Land Surveys requires signature blocks for the City Clerk and the Mayor only. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That an amendment to Resolution No. 3940 regarding 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 City Clerk 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 b CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: 1993 Annual Report of the Board of Adjustment and Appeals and the Planning Commission DATE: February 4, 1994 INTRODUCTION: Enclosed is the Board of Adjustment and Appeals and Planning Commission 1993 Annual Report. BACKGROUND: Each year the City Boards and Commissions are required to submit an Annual Report outlining their activities during the previous year. At their February 3 , 1994 meeting the Planning Commission passed a motion recommending to the City Council approval of their 1993 Annual Report. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the 1993 Annual Report. ACTION REQUESTED: Move to approve the Board of Adjustment and Appeals Commission and the Shakopee Planning Commission 1993 Annual Reports. 1993 ANNUAL REPORT FOR THE BOARD OF ADJUSTMENT AND APPEALS AND THE PLANNING COMMIISSION CITY OF SHAKOPEE, MIENNESOTA PLANNING DEPARTMENT REPORT Year End Report 1993 Planning Division: Responsible for providing information regarding land use regulations for the public, reviewing land development applications for compliance with City Codes and preparing reports and recommendations for the Planning Commission and City Council. Employees: Position: Name: City Planner Lindberg S. Ekola Assistant City Planner Terrie Sandbeck Clerk Typist II Aggie Unze Activities: 1989 1990 1991 1992 1993 Variances & 9 10 10 Appeals 10 9 Conditional 13 Use Permits 24 8 13 9 Plats 11 8 12 16 12 Rezoning 1 1 4 8 2 Code & 7 3 7 8 4 CUP Amendments PUD'S 3 1 0 9 4 Special Action 12 8 12 19 12 Totals 68 38 57 79 57 1 1993 ANNUAL REPORT BOARD OF ADJUSTMENT AND APPEALS City of Shakopee, Minnesota VARIANCES AND APPEALS DATE ACTION February 4th Appeal Resolution No. 653 : An appeal to staff's interpretation of the City Zoning Ordinance's definition of mobile homes in the Racetrack District. The applicant wished to use the structure for farm storage at 2100 Eagle Creek Blvd. Public hearing held. Denied. April 8th Variance Resolution No. 654 : Request for a variance to the regulations regarding acceptable building materials at 800 West First Ave. Public hearing held. Approved. April 8th Variance Resolution No. 655: Request for a variance to the number of parking stalls required for a restaurant operation at 837 E. 1st Ave. Public hearing held. Approved. May 6th Variance Resolution No. 659 : Request for a variance from the required number of parking stalls in order to add a deck at 1583 1st Ave. W. Public hearing held. Approved. July 8th Variance Resolution No. 665: Request for a 2 ' variance from the required 10' side yard setback in order to build an entryway and attached garage onto the house at 725 S. Scott St. Public hearing held. Approved. July 8th Variance Resolution No. 667 : Request for a 10' variance from the required 20' side yard setback in order to enlarge the house and attached garage at 1400 Blue Heron Trail Public hearing held. Denied. September 9th Variance Resolution No. 670: Request for a 5' variance from the 10' side yard setback requirement in order to add a family room onto the home at 1124 S. Madison St. Public hearing held. Approved. 2 DATE ACTION October 7th Variance Resolution No. 669 : Request for a 5' variance from the 10' side yard setback requirement in order to add a four season room to the rear of the house at 906 Ramsey St. Public hearing held. Approved. October 7th Variance Resolution No. 673 : Request a variance from the minimum lot size requirement in order to construct an office and warehouse garage for an asphalt paving and sealcoating operation at 8770 13th Ave. E. Public hearing held. Approved. December 9th Variance Resolution No. 675 : Request for a 1' variance from the required 10' side yard setback in order to add a sun porch onto the dwelling at 622 E. 7th Ave. Public hearing held. Approved. Respectfully submitted, William Mars, Chair Joe Kelly, Vice-Chair Joe Zak, 2nd Vice-Chair Nancy Christensen Terry Joos Gayl Madigan H. R. Spurrier 3 QUANTITY c, Cr CO w Q N Cf ci I f I j i I CO, CD I f I 1 1 1 0 co— / ;=.- I O d 1 0 I '� m d n4C.-4 111 M C1 CD JJ mto_ oC� z Do � � m co I \ I iI co : co z b rxi i � i +' co N CO__ • CD i 1 4 1993 ANNUAL REPORT SHAKOPEE PLANNING COMMISSION City of Shakopee, Minnesota CONDITIONAL USE PERMITS DATE ACTION January 7th Conditional Use Permit Resolution No. 651: To consider a conditional use permit to allow the construction of a church in Maple Trails Addition, in the R-1 district. Public hearing held. Approved with conditions. January 7th Conditional Use Permit Resolution 652 : To consider a conditional use permit to allow the operation of a Bed and Breakfast at 134 E. 4th Ave. , in the R-2 district. Public hearing held. Approved. April 8th Conditional Use Permit Resolution No. 656: To consider a conditional use permit to operate a Class II Restaurant at 837 E. 1st Ave. Public hearing held. Approved with conditions. April 8th Conditional Use Permit Resolution No. 657: To consider a conditional use permit to allow a structure in excess of the required maximum 45 feet height limitation on a property located on the southwest corner of Valley Park Dr. and Valley Industrial Blvd. S. Public hearing held. Approved with conditions. May 13th Conditional Use Permit Resolution No. 658 : To consider a conditional use permit to construct a deck within the flood plain at 1583 1st Ave. E. Public hearing held. Approved with conditions. June 3rd Conditional Use Permit Resolution No. 660: To consider a conditional use permit to move an existing house onto a vacant lot at 2080 Eaglewood Lane. Public hearing held. Approved with conditions. June 3rd Conditional Use Permit Resolution No. 661: To consider a conditional use permit to operate an asphalt plant upon the J. L. Shiely property at 6896 Hwy. 101. Public hearing held. Approved with conditions. 5 DATE ACTION July 8th Conditional Use Permit Resolution No. 668 : To consider a conditional use permit to operate a BMX racing track on the property located north of CR 16, approximately 2 miles east of CR 17 . Public hearing held. Approved with conditions. July 8th Conditional Use Permit Resolution No. 666: To consider a conditional use permit to allow an LP motor fuel tank upon the property located at 593 Citation Dr. Public hearing held. Approved with conditions. July 8th Conditional Use Permit Resolution No. 662 : To consider a conditional use permit to allow some retail sales upon the property located at 4110 Valley Industrial Blvd. S. Public hearing held. Denied. August 5th Conditional Use Permit Resolution No. 664 : To consider a conditional use permit to construct structures in excess of 45 feet in height for an electrical transmission line located 1/2 mile north, and 1 mile south of CR 42 on the west side of CR 83 . Public hearing held. Denied. Appealed. City Council approved September 21, 1993 with one condition (Resolution No. CC-664) . September 9th Conditional Use Permit Resolution No. 672 : To consider a conditional use permit to move a house onto a vacant lot located in the 600 block of West 7th Ave. Public hearing held. Approved with conditions. October 7th Conditional Use Permit Resolution No. 674 : To consider a conditional use permit to allow outside storage of equipment and materials upon the property located at 8770 13th Ave. E. Public hearing held. Approved with conditions. Withdrawn Application February 4th Conditional Use Permit Resolution No. 627 : To consider a conditional use permit to construct an industrial waste treatment plant at 800 W. 1st Ave. Public hearing held. Application withdrawn. October 7th Conditional Use Permit Resolution No. 671: To consider a conditional use permit to move in a refurbished railroad caboose and box car upon the Shiely property located south of Hwy 101 and east of Valley Park Dr. Application withdrawn. 6 1993 Annual Report PLATS DATE ACTION February 4th Preliminary and final plat for Century Plaza Square 4th Addition, 2 lots, located at the southwest corner of Marschall Rd. and 4th Ave. Public hearing held. Recommended approval with conditions. Approved by City Council February 16, 1993 . February 4th Preliminary and final plat of Milwaukee Manor 1st Addition, 32 lots and 9 outlots, located east of Market St. and north of 7th Ave. Public hearing held. Recommended approval with conditions. Approved by City Council February 16, 1993 . February 4th Final plat of Valley Park 11th Addition, 3 lots, located south of Valley Industrial Blvd. South, west of Valley Park Drive and north of 12th Ave. E. Recommended approval with conditions. Approved by City Council February 16, 1993 . March 25th Final plat of Prairie Estates 3rd Addition, 14 lots and 1 outlots, located west of CR 17 , north of Vierling Dr. and south of 11th Ave. E. Recommended approval with conditions. Approved by City Council April 6, 1993 . May 6th Preliminary plat of Stonebrooke 2nd Addition, 21 lots, located south of CR 78, east of CR 79 and west of Timber Trails Addition. Public hearing held. Recommended approval with conditions. Approved by City Council May 18 , 1993 . May 6th Preliminary plat of Parkview 1st Addition, 33 lots, located east of CR 17 and north of Vierling Dr. Public hearing held. Recommended approval with conditions. Approved by City Council May 18 , 1993 . June 3rd Final plat of Parkview 1st Addition, 33 lots, located east of CR 17 and north of Vierling Dr. Recommended approval with conditions. Approved by City Council June 15, 1993 . July 8th Final plat of Stonebrooke 2nd Addition, 21 lots, located in the southeast corner of the intersection of CR 78 and CR 79 , west of Timber Trails Addition. Recommended approval with conditions. Approved by City Council July 20, 1993 7 DATE ACTION August 5th Preliminary plat of Westridge Lake Estates, 29 lots and 16 outlots, located along the south east edge of O'Dowd Lake and north of CR 14 . Public hearing held. Recommended approval with conditions. Approved by City Council August 17, 1993 . August 5th Final plat of The Meadows 9th Addition, 66 lots and 1 outlot, located south of Vierling Drive, east of CR 79 and extends Primrose, Thistle, and Sage Lanes. Recommended approval with conditions. Approved by City Council August 17, 1993 . October 7th Preliminary plat of Minnesota Valley 8th Addition, 15 lot, located at the intersection of Vierling Dr. W. and Presidential Ln. Public hearing held. Recommended approval with conditions. City Council approved October 19 , 1993 . November 4th Final plat of Westridge Lake Estates, 29 lot and 16 outlot, located along the southeast edge of O'Dowd Lake and north of CR 14 . Recommended approval with conditions. City Council approved November 16, 1993 . 8 1993 Annual Report REZONING DATE ACTION March 4th Request to consider the rezoning of 60 acre parcel located on the east side of CR 17, approximately 1/2 mile south of the intersection of Vierling Dr. and CR 17, from an Ag to a R-4 district. Public hearing held. Approved. City Council approved March 16, 1993 . (Ordinance No. 353) March 5th Request to consider the rezoning of approximately 10 acre of property located on the east side of CR 17 and north of Vierling Dr. from a B-1 to a R-2 district. Public hearing held. Approved. City Council approved April 6, 1993 . (Ordinance No. 354) 9 1993 Annual Report AMENDMENTS DATE ACTION June 3rd Amendment to the Shakopee City Code, Chapter 11. , Section 11. 32 , Subd. 3 , to include wood preservation facilities as a conditional use permit in the I-1 District. Public hearing held. Recommended denial to City Council. City Council denied July 30, 1993 (Ordinance No. 359) . July 8th Amendment to the Shakopee City Code, Chapter 11. , Section 11. 32 , Subd. 3 to allow limited retail sales as a conditional use in the I-2 district. Public hearing held. Recommended denial to City Council. City Council tabled November 4, 1993 , until after the Zoning Ordinance Update is completed. July 8th Amendment to the Shakopee City Code, Chapter 11, Section 11. 36, Subd. 2 to add outdoor amphitheaters, convention and conference centers, indoor hockey facilities and community centers to the permitted uses in the RTD District. Public hearing held. Recommended approval to City Council. City Council denied July 20, 1993 (Ordinance 358) . October 7th Amendment to Conditional Use Permit No. 624 to delay deadline dates for mining operation upon the property located on the north side of Valley View Rd. , approximately midway between CR 17 and CR 83 . Public hearing held. Approved. Withdrawn Application: July 8th Amendment to Conditional Use Permit No. 376 to allow expanded hours for mining operations located west of CR 83 , south of CR 16 and north of Valley View Rd. Public hearing held. Application withdrawn. Pending Amendment: November 9th Amendment to the Shakopee City Code, Chapter 11. The City Council initiated the process to update the entire Zoning Ordinance in 1993 . The Zoning Ordinance Committee (ZORC) reviewed the draft prepared by the Zoning consultant and recommended numerous changes. The Planning Commission opened their public hearing on the draft Zoning Ordinance at their November 9th meeting. The Planning Commission's review was continued into 1994 . 10 1993 Annual Report PUD DATE ACTION April 8th Recommended approval of two amendments to Stonebrooke Planned Unit Development, changing Outlot A from commercial to single family residential and to expand the golf course parking lot with 36 additional stalls. Approved by City Council on April 20, 1993 (Resolution No. 3778) . May 6th Recommended approval of the Preliminary Planned Unit Development for Westridge Lake Estates with conditions. Approved by City Council on June 1, 1993 (Resolution No. 3797) . August 5th Recommended approval of the Final Planned Unit Development for Westridge Lake Estates with conditions. Approved by City Council on August 17, 1993 (Resolution No. 3844) . September 9th Recommended approval of an amendment to Stonebrooke Planned Unit Development, which relocated the twinhomes. Approved by City Council on September 21, 1993 (Resolution No. 3862) . 11 1993 Annual Report SPECIAL ACTIONS DATE ACTION January 7th Recommended to the City Council approval of the 1993 Planning Commission Work Program. City Council approved January 19 , 1993 . February 4th Discuss the feasibility of rezoning the easterly 10 acres of the B-1 district lying on the northeast corner of Marschall Rd. and Vierling Dr. to R-2 . June 3rd Recommended to City Council approval of the temporary overhead line along Vierling Drive. City Council approved June 15, 1993 (Resolution No. 3811) . June 3rd Recommended to City Council approval of the permanent overhead line along CR 78 and upgrade the line to a two circuit system. City Council approved June 15, 1993 (Resolution No. 3812) . July 8th Recommended to City Council approval of an amendment to the final plat of Dominion Hills subdivision to allow for phased street construction. City Council approved July 20, 1993 (Resolution No. 3832) . August 5th Recommended to City Council approval of the vacation of a 17 foot wide portion of 10th Ave. right-of-way, located south of 971 Miller St. City Council approved August 17 , 1993 (Resolution No. 3845) . August 5th Recommended to the City Council approval of the 1994 - 1998 Capital Improvement Program. City Council approved October 5, 1993 . October 7th Recommended to City Council approval of a revision to the final plat of The Meadows 9th Addition. City Council approved October 19 , 1993 (Resolution No. 3877) . November 4th Recommended to City Council approval of the land acquisition for an electrical substation near the intersection of CR 17 and CR 78 and found it to be in compliance with the Comprehensive Plan. City Council concurred November 16 , 1993 . November 4th Recommended to City Council approval of the land acquisition of property located southwest of the high school for a Community Center and found it to be in compliance with the Comprehensive Plan. City Council concurred November 16, 1993 . 12 DATE ACTION December 9th Recommended to City Council approval of the vacation of a portion of Pierce St. between 3rd Ave. and 4th Ave. and found that the vacation does not conflict with the City's Comprehensive Plan. City Council will hold public hearing January 18 , 1994 . December 9th Recommended to City Council approval of the land acquisition for a water storage facility on Lot 1, Block 1, Maple Trails Estates 1st Addition and found it to be in compliance with the Comprehensive Plan. Respectfully Submitted, Terry Joos, Chair William Mars, Vice-Chair Nancy Christensen, 2nd Vice-Chair Joe Kelly Gayl Madigan H. R. Spurrier Joe Zak 13 QUANTITY (31I 01 N Co_ CO Co Ci)— -� 0 F--�-1 CD 111rn 4 C rn 13 �--, D ( vi c) CD wO rte^ r 1 V) W Co N `I W W 14 QUANTITY - 4=. 1r) IT T 1 I . 0_ 1 CO (1) 1 I -L 1 CO_, Cl) w i o I ›- I . 0 1 rxi I i CD I I i ai )75 111 I 1 1 i T I CI _,•, 10 -< -a CD mo . > (0 w . "....) (0 CD CO I 4 7-:2 1 I I I I 5 4 co, (L) N) 0_ (0 CZ 15 QUANTITY o — Ca 4t. cl C) -4 C3 ! 9) 0 , , (c,_ I co — C/D co_ co 1 o N ,••• :=••• 0 )""Ci Cm1 co I T 0 i I I 1 1 (D 0 co I I 4 11 4 c.75( 1 1 I C/D 1(54 1 i : _A. (0_ cr) } ry i 1 I 1 i 1 , I 1 , 1 1 , , i --- (D— CD (o) 16 QUANTITY c1 co 0 O '.1 /Wow 'W^ W i r n 'J W- MV L J • I W , 1 1 o M O a o CD 4 • rn Tc mD �_ v 33 _+ f rn W z o ►—r (0_ W 'n W W 17 QUANTITY _. C T T I0 � � I o o � O co -13 54 z a ZI m -< -• o m � CD > (C) off' Z � f � � W 7") W CID W N `j W W 18 QUANTITY O N A G) b 0 N A GT) CP 0 1 Cr)( CO W W- I v1 o l J W v m nCL D -< cc r mD (0_ o ,--; n 33 O CD Cl) w O c0_ CD N co_ (D W 19 1 .2c MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Preliminary Plat for Calvary Addition DATE: February 9, 1994 INTRODUCTION: Calvary United Methodist Church has submitted an Application for Preliminary Plat Approval for Calvary Addition. At their February 3, 1994, meeting, the Planning Commission recommended to the City Council the approval of the Preliminary Plat for Calvary Addition, subject to conditions. BACKGROUND: The proposed subdivision is located south of Vierling Drive, near Emerald Lane, and north of the proposed Southerly Bypass. The subject site is zoned Mid-Density Residential (R-3). (See Exhibit A.) The proposed plat consists of one lot, 4 acres in size. The applicant is proposing to construct a new church on the site. CONSIDERATIONS: 1. The Comprehensive Plan has set basic policies to guide the development of the City. The draft 1990 Comprehensive Plan designated this 4 acre parcel for Mid-Density Residential development. This land use category allows detached housing, as well as duplexes, townhouses, four-, six-, and eight-family housing at densities not exceeding eight dwelling units per gross acre. The intention of this category is to provide locations for attached housing at moderate densities and to provide a transitional area between non- residential development or major roads, and low-density housing, such as singles or duplexes. The zoning translation would be the present R-3 Zoning District. 2. The proposed plat consists of one lot that is being proposed for development with a new Calvary United Methodist Church. Access to the subject site is from Vierling Drive, which is located along the northern border of the proposed plat. The 80' of right-of-way for Vierling Drive was previously dedicated with Hauer's 4th Addition in 1987, and this road has already been constructed. The Transportation Section of the draft 1990 Comprehensive Plan has designated Vierling Drive as a collector street. This roadway classification provides both traffic movement and limited access, while interconnecting with minor arterials and providing continuous access across and around neighborhoods. A collector street within the urban area of the City has the capacity to carry 1,000 to 5,000 vehicles per day. No parking is allowed on the Vierling Drive right-of-way. 1 3. An existing 60 foot wide natural gas pipeline easement, and a Minnesota Department of Transportation Temporary Slope Easement (57' to 70' in width), are located within the southern portion of the site. The applicant is also proposing a large drainage and utility easement over the existing stormwater drainage pond located in the northeastern corner of the site. The applicant is not proposing to construct any structures or site improvements within any of these easements. 4. Since the applicant is proposing a subdivision adjacent to the Southerly Bypass (a major arterial), it would be appropriate to incorporate noise mitigation using earthen berms, landscape buffers, and screening between the bypass and the proposed church. The Minnesota Pollution Control Agency (MNPCA) has established noise standards on a statewide basis. The noise standards are provided in average decibels levels (dBA) for daytime (7:00 a.m. to 10 p.m.) and nighttime (10:00 p.m. to 7:00 a.m.). The noise standards have also been established for the amount of time within any given hour. The term L50 means the sound level exceeded 50 percent of the time in any one hour and L10 represents the sound level exceeded 10 percent of time in an hour. The following table lists the MNPCA noise standards for residential areas: Daytime Nighttime L50 L 1 0 L50 L 1 0 60 dBA 65 dBA 50 dBA 55 dBA The Dalles Townhome Addition Planned Unit Development(PUD) is located to the west of the subject site. During the approval process for this PUD, the developer submitted a noise analysis. The noise analysis concluded that a continuous barrier (berm or wall) constructed to an elevation of 818 feet MSL along the south boundary of the site would reduce the noise impact upon the development to the maximum nighttime 55 dBA (L10) sound level. The nighttime standards between the hour of 6:00 to 7:00 a.m. can be difficult to achieve with early morning commuter traffic. The Planning Commission is recommending a similar condition for this plat requiring the construction of a continuous noise mitigation barrier along the south side of the site to reduce the noise impact from the TH 101 Bypass upon the church and upon the residential areas adjacent to the church site. The maximum nighttime sound level shall be 55 dBA (L10). 5. Facilities for pedestrian circulation near the proposed subdivision also needs to be more clearly addressed in the plat review process. The approved Citywide Sidewalk and Trail Plans proposes the construction of a sidewalk along the south side of Vierling Drive. The Planning Commission has recommended a condition requiring the construction of a 5' wide sidewalk along the north edge of the plat. 2 6. Final Construction Plans, Grading and Drainage Plans, Stormwater Calculations, and an Erosion Control Plan must be submitted and approved by the Engineering Department prior to approval of the Final Plat by the City Council. 7. Shakopee Public Utilities (SPUC) has commented that water service is not currently available to the site. It can be made available pending the outcome of discussions with SPUC. They recommend that the applicant contact SPUC to discuss this issue. Single- phase electrical power is available to the site subject to their standard terms and conditions. Three-phase electrical power is not available. 8. The applicant 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. These drainage and utility easements must be shown on the final plat. 9. If the developer wishes a one year delay in the requirement to set the iron monuments for the plat, a request for such a delay must be submitted. A condition could be recommended which allows the developer to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat. The City would require that the developer provide adequate financial guarantees to ensure compliance within the one year time frame. 10. On January 1, 1992, the Minnesota Wetland Conservation Act of 1991 became effective. Rules established by the permanent program became effective on January 1, 1994. The City of Shakopee has been designated as the Local Governing Unit in charge of administrating the regulations of the Wetland Conservation Act. Materials submitted by the applicant indicate that the site contains no wetlands, and a field check for wetlands and wetland indicators by Engineering staff has verified this claim. Staff has issued a Certificate of Exemption to the Wetlands Act of 1991 to the owner. 11. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, Staff is recommending that a park dedication fee be collected in lieu of park land. Using the assessed value in the calculation, the park dedication requirement would be approximately $ 1,810 for the 4 acre lot. 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 for this proposed plat is not requesting permission to defer the Park Dedication payments to the time of the issuance of the building permit. 12. There are no existing special assessments against this property. 3 PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended approval of the Preliminary Plat for Calvary Addition, subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required improvements: a. The developer shall construct a 5 foot sidewalk along the south side of Vierling Drive, along the northern edge of the plat. b. The Park Dedication Requirement shall be a cash payment in lieu of park land, and the Park Dedication fee shall be due at the time of Final Plat approval. 3. The applicant shall construct a continuous noise mitigation barrier along the south side of the site to reduce the noise impact from the TH 101 Bypass upon the church and upon the residential areas adjacent to the church site. The maximum nighttime sound level shall be 55 dBA (L10). 4. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 5. Final Construction Plans, Grading and Drainage Plans, Stormwater Calculations, and an Erosion Control Plan must be submitted and approved by the Engineering Department prior to approval of the Final Plat by the City Council. 6. The developer shall be responsible for grading of the plat as shown in the drainage plan. 7. The developer shall dedicate 5' drainage and utility easements along the east and west lot lines, and 10' drainage and utility easements along the north and south lot lines with the final plat. These easements must be provided on the recorded plat. ACTION REQUESTED: Offer Resolution No. 3953, A Resolution Approving the Preliminary Plat for Calvary Addition, and move its adoption. 4 RESOLUTION NO. 3953 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT FOR CALVARY ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Calvary Addition on February 3, 1994, and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for Calvary Addition, described on Attachment A attached hereto and incorporated herein is hereby approved subject to the following conditions: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required improvements: a. The developer shall construct a 5 foot sidewalk along the south side of Vierling Drive, along the northern edge of the plat. b. The Park Dedication Requirement shall be a cash payment in lieu of park land, and the Park Dedication fee shall be due at the time of Final Plat approval. 3. The applicant shall construct a continuous noise mitigation barrier along the south side of the site to reduce the noise impact from the TH 101 Bypass upon the church and upon the residential areas adjacent to the church site. The maximum nighttime sound level shall be 55 dBA (L10). 4. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 5. Final Construction Plans, Grading and Drainage Plans, Stormwater Calculations, and an Erosion Control Plan must be submitted and approved by the Engineering Department prior to approval of the Final Plat by the City Council. 6. The developer shall be responsible for grading of the plat as shown in the drainage plan. 7. The developer shall dedicate 5' drainage and utility easements along the east and west lot lines, and 10' drainage and utility easements along the north and south lot lines with the final plat. These easements must be provided on the recorded plat. 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 ATTACHMENT A That part of the east 23.45 acres of the Northeast Quarter of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter all in Section 8, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of HAUER'S 4TH ADDITION, according to the recorded plat thereof, Scott County, Minnesota; thence North 81 degrees 54 minutes 58 seconds East, assumed basis for bearings, along the southerly line of said EAUER'S 4TH ADDITION, 394.00 feet to the point of beginning of the land herein described; thence NOrth 81 degrees 54 minutes 58 seconds East, along said southerly line, 477.50 feet; thence South 0 degrees 25 minutes 22 seconds East 362.61 feet; thence South 80 degrees 34 minutes 40 seconds West 479.14 feet; thence North 0 degrees 25 minutes 22 seconds West 373.90 feet to the point of beginning. - EXHIBIT A •• • +T\.` : 1 i- :--:.\;,-(,...-....->.1.,). .. .... .., .. Q + • !• a'X e �----- -•- s - • j ,• i .., _.._ = - •._k. is . Lt�7,< '•t..:-.�- / ` Zc. a♦a ` •t " - „ �. . � � ` �. +� \� + .2..1 r= :.:.- , : ?_.,._:: -._:.......,__:_—,•1-- ...,..e... ..,;.,...3, r .. , , ........J.t, j. _ , JP./Z.:- Ent”. 5_3- J' is - , r,E 1y •__„_____....-_______-- ........: ; `•._ r .- 1---i----1_ �l_,maJ.r:E _ ...— QLiTt- I 1111# ill ....._.-_ .—._ -- SUBJECT SITE > .................................: . ,;::::>:: r--- - 1 ._ - AG . .G AGRICULTURE R1 RURAL RESIDENTIAL R2 URBAN RESIDENTIAL R3 MID—DENSITY RES. R4 MULTI FAMILY RES. •—„ ,,,,,.......”' B1 HIGHWAY BUSINESS B2 COMMUNITY BUSINESS B3 CENTRAL BUSINESS I1 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL .. S SHORELAND FLOODPLAIN DISTRICT .- --.. 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X69 / p T.N• Pt.,a cod — —/ PROPOSE CALVARY UHITCU Mt' 1 ; MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Request for rezoning from Agricultural to Urban Residential for Homestead Ridge DATE: February 8, 1994 INTRODUCTION: Vierling Partnership has submitted an Application for an Amendment to the Zoning Chapter. They,are requesting that the City rezone a 21.85 acre site from Agricultural (AG) to Urban Residential (R-2). This site is being proposed for residential development by the applicant as Homestead Ridge, and is located east of County Road 79, south of Mint Circle. The area is currently zoned AG, Agricultural. (See Exhibit A.) At their meeting on February 3, 1994, the Shakopee Planning Commission recommended the approval of this rezoning request to the City Council. BACKGROUND: The site was annexed into the City of Shakopee in 1972. At that time, it was zoned "Suburban Residential". In 1979, the City rezoned the site to Agricultural (AG). The applicant is requesting that the City rezone the 21.85 acre site from Agricultural (AG) to Urban Residential (R-2). This site is being proposed for residential development by the applicant as Homestead Ridge, and is located east of County Road 79, south of Mint Circle. A map which provides the proposed rezoning has been provided on Exhibit B. Exhibit C illustrates the proposed land use for the subject site and the surrounding area according to the approved 1990 draft Comprehensive Plan. Single Family Residential is the recommended land use for the subject site. This land use category contains detached housing on parcels approximately 9,000 to 12,000 square feet in size. CONSIDERATIONS: 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximately to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. 2. The adopted 1990 draft Comprehensive Plan has designated this area for Single Family Residential development. This land use category allows detached housing on parcels approximately 9,000 to 12,000 square feet in size. 1 3. Exhibit D is the applicant's cover letter which describes the proposed rezoning request. The applicants have also submitted an Application for Preliminary Plat approval for the proposed Homestead Ridge residential subdivision. The proposed plat covers a total of 21.68 acres, and would consist of 50 single family lots and one outlot. At their February meeting, the Planning Commission recommended approval of the Preliminary Plat for Homestead Ridge to the City Council. Please refer to the staff report in the February 15, 1994, Agenda Packet for additional information regarding this request. 4. The Transportation Section of the draft 1990 Comprehensive Plan has designated CR 79 as a collector street. This roadway classification provides both traffic movement and limited access, while interconnecting with minor arterials and providing continuous access across and around neighborhoods. A collector street within the urban area of the City has the capacity to carry 1,000 to 5,000 vehicles per day. As a condition of the plat, the Planning Commission has recommended that the developer enter into an access agreement to prohibit direct access onto CR 79. 5. Since the third phase of this plat is located adjacent to the proposed TH 101 Bypass, noise mitigation measures are required to protect the future residents. As conditions of approval for the plat, the Planning Commission is recommending that a type of continuous barrier (berm or wall) be constructed along the south boundary of the site to reduce the noise impact upon the development to the maximum nighttime 55 dBA (L10) sound level. FINDINGS: Section 11.04, Subd. 7 of the City Code states that amendments changing the boundaries or regulations of any existing district shall not be issued indiscriminately, but shall be based on findings or criteria including, but not limited, the criteria listed below: Criteria #1 The original zoning ordinance was in error. Finding #1 The zoning ordinance has not been found to be in error. Criteria #2 Significant changes in community goals and policies have taken place. Finding #2 The goals and policies for this area have changed since the adoption of the 1980 Comprehensive Plan, and the approved draft 1990 Comprehensive Plan reflects these changes. According to the approved draft 1990 Comprehensive Plan, Single Family Residential land uses are the current recommended land uses for the subject site. Criteria #3 Significant changes in City-wide or neighborhood development patterns have occurred. 2 Finding #3 Significant changes in Citywide development patterns have occurred between the time that the 1980 Comprehensive Plan was adopted, and the time of the approval of the draft 1990 Comprehensive Plan. These changes provide justification for the proposed rezoning. Criteria #4 The amendment is necessary to implement the Comprehensive Plan's growth management program. Finding #4 The rezoning of this parcel from Agricultural to Urban Residential would not be in conflict with the Comprehensive Plan's growth management program. ALTERNATIVES: 1. Approve the request to rezone the subject site from Agricultural (AG) to Urban Residential (R-2). 2. Deny the request to rezone the subject site from Agricultural (AG) to Urban Residential (R-2). 3. Table the decision to allow the applicant and/or staff to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended Alternative No. 1, to approve the request to rezone the subject site from Agricultural (AG) to Urban Residential (R-2). ACTION REQUESTED: Offer Ordinance No. 371, an Ordinance of the City of Shakopee Amending the Zoning Map to Rezone a 21.85 Acre Site on the East Side of County Road 79 and South of Mint Circle from Agricultural (AG) to Urban Residential (R-2), and move its adoption. 3 ORDINANCE NO. 371, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP TO REZONE A 21.85 ACRE SITE ON THE EAST SIDE OF COUNTY ROAD 79 AND SOUTH OF MINT CIRCLE FROM AGRICULTURAL (AG) TO URBAN RESIDENTIAL (R-2). WHEREAS, on January 10, 1994, Gloria M. Vierling of Vierling Partnership submitted an application requesting rezoning from Agricultural (AG) to Urban Residential (R-2) of 21.85 acres of land owned by them which is described on Attachment A; and WHEREAS, a public hearing was held on February 3, 1994, and notices duly sent and posted, and all persons appearing at the hearing were given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed this request at their public hearing on February 3, 1994, and voted to recommend approval of the rezoning request to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11.21 is hereby amended by rezoning the 21.85 acre site described on Attachment A from Agricultural (AG) to Urban Residential (R-2). Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1994. • • ATTACHMENT A That part of the Southwest Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of the Southwest Quarter; thence North 00 degrees 03 minutes 44 seconds East, on an assumed bearing, along the west line of the Southwest Quarter, a distance of 583.22 feet; thence South 86 degrees 53 minutes 56 seconds East, a distance of 340.00 feet; thence North 00 degrees 03 minutes 44 seconds East, a distance of 35.13 feet to the northerly line of Parcel 55, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-4 and the point of beginning of the land to be described; thence continue North 00 degrees 03 minutes 44 seconds East, a distance of 244.87 feet; thence North 86 degrees 53 minutes 56 seconds West, a distance of 40.00 feet; thence North 00 degrees 03 minutes 44 seconds East, a distance of 190.00 feet; thence North 86 degrees 53 minutes 56 seconds West, a distance of 259.94 feet to the east line of Parcel 55A, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-4; thence North 00 degrees 03 minutes 44 seconds East, along the east line of said Parcel 55A, a distance of 4.24 feet; thence South 87 degrees 01 minutes 45 seconds West, along the north line of said Parcel 55A, a distance of 40.06 feet to the west line of the Southwest Quarter; thence North along the west line of the Southwest Quarter to the south line of the North 30 rods of the Northwest Quarter of the Southwest Quarter; thence easterly along the south line of the North 30 rods of the Northwest Quarter of the Southwest Quarter to the east line of the West 41 rods of the Southwest Quarter; thence South along the east line of the West 41 rods of the Southwest Quarter to the north line of the South 50 rods of the Southwest Quarter; thence easterly along the north line of the South 50 rods of the Southwest Quarter to its intersection with the north line of Parcel 55, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-4; thence southwesterly and westerly along the north line of Parcel 55, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-4 to the point of beginning. . . . . , • ._ EXHIBIT A . . • -• . . • -- EXISTING ZONING , .... . . . 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I 1 - -- EXHIBIT D /° / , . f-e/ttn 6;2) / • • "1 41- ' • (. ea--y)-7-e-p A2,t 47 --7-x? 6&-m7e-e " fla- ‘ 1-€ , RA..e _ - r/ ' • •/ *ez-evi/ e4 --717/ j(7( 3 7(/ ( 1W MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Preliminary Plat for Homestead Ridge DATE: February 7, 1994 INTRODUCTION: Vierling Partnership has submitted an Application for Preliminary Plat approval for Homestead Ridge. The subject site is located east of County Road 79, south of Mint Circle, and extends Monarch Street south from The Meadows 4th Addition. The proposed development contains 50 residential lots and one outlot on 21.68 acres. The area is zoned AG, Agricultural. (See Exhibit A.) BACKGROUND: 1. The draft 1990 Comprehensive Plan has designated this area for Single Family Residential development. This land use category allows detached housing on parcels approximately 9,000 to 12,000 square feet in size. 2. The site is currently zoned AG, Agricultural. With this application, the applicant has also submitted a request to rezone the site from Agricultural to Urban Residential. The City Council will be discussing this request during the February 15, 1994, meeting of the City Council. Please refer to the staff report for additional information regarding this request. 3. All 50 of the lots within the proposed development meet or exceed the 9,000 square foot minimum lot size requirement within the R-2 zoning district, and 23 of the lots meet the requirements for development with two-family dwellings. The average residential lot size is 13,383 square feet, with the smallest lot proposed to be 9,000 square feet in area. A condition has been suggested which limits the number of twin homes to no more than 10% of the lots within the plat (5 lots). 4. Gloria and Jerome Vierling currently own the exception parcel adjacent to the southwest corner of the plat. They will be purchasing Outlot A and incorporating this land into a plat with their existing land sometime in the future. Outlot A measures approximately 11,781 square feet (.27 acres) in size. 5. The Upper Valley Drainageway and trail is located to the north of the plat. This drainage and utility corridor was dedicated to the City in 1988 with The Meadows 1st Addition. It is generally 120 feet in width and will contain the VIP sewer main. The Drainageway and trail was constructed in numerous phases during the 1st through the 8th Additions of The Meadows. 1 6. Minnegasco currently has a gas line and a blanket easement over the entire plat, and they have been in contact with the applicant about releasing the existing easement and executing a new easement for the gas line. The Preliminary Plat drawing shows the approximate location of the gas line and the approximate location for a 76 foot wide easement for the gas line (36 feet north of the gas line and 40 feet south of the gas line). Minnegasco will be marking the exact location of the gas line and the appropriate easement will be recorded. The proposed easement will follow the side yard property lines between 8 of the proposed lots, and will cross both Monarch Street and Homestead Way. Although it reduces the buildable area for lots adjacent to it, sufficient area exists for the development of the lots. 7. The Minnesota Pollution Control Agency (MNPCA) has established noise standards on a statewide basis. The noise standards are provided in average decibels levels (dBA) for daytime (7:00 a.m. to 10 p.m.) and nighttime (10:00 p.m. to 7:00 a.m.). The noise standards have also been established for the amount of time within any given hour. The term L50 means the sound level exceeded 50 percent of the time in any one hour and L10 represents the sound level exceeded 10 percent of time in an hour. The following table lists the MNPCA noise standards for residential areas: Daytime Nighttime L50 L10 L50 L10 60 dBA 65 dBA 50 dBA 55 dBA The nighttime standards between the hour of 6:00 to 7:00 a.m. can be difficult to achieve with early morning commuter traffic. Local governments may also adopt ordinances to regulate noise. The City's current Subdivision Regulations currently provide less noise protection than the standards established by the MNPCA. Sec. 12.07, Subd. 6 requires the buffering of residential subdivisions adjacent to arterial streets so that noise can be abated to a level of 70 dBA or below at all times. 8. Since the third phase of this plat is located adjacent to the proposed TH 101 Bypass, noise mitigation measures are required to protect the future residents. The Planning Commission has recommended that a type of continuous barrier (berm or wall) be constructed along the south boundary of the site to reduce the noise impact upon the development to the maximum nighttime 55 dBA (L10) sound level. With past developments, the City has also required applicants to record an agreement which notifies home buyers of the future Bypass and its possible noise impacts. The Planning Commission has recommended that a similar condition be a requirement of this plat. 2 9. The east - west street that is proposed to connect with Indigo Lane should be labeled "Indigo Lane". A condition has been recommended requiring this change on the Final Plat. 10. The Transportation Section of the draft 1990 Comprehensive Plan has designated CR 79 as a collector street. This roadway classification provides both traffic movement and limited access, while interconnecting with minor arterials and providing continuous access across and around neighborhoods. A collector street within the urban area of the City has the capacity to carry 1,000 to 5,000 vehicles per day. 11. Typically the City controls access to major streets in the subdivision process. Staff recommends that the developer enter into an access agreement as follows: No direct access from the individual lots onto CR 79 will be allowed for Lots 1 through 12 of Block 1. Access rights shall be limited by dedicating to the City the access rights in the access agreement, and these access limitations shall be shown on the Final Plat. A copy of the Preliminary Plat has been attached to the end of this memo as Exhibit B. 12. The County Engineer has commented that they are in agreement with the amount of right-of-way dedication proposed for CR 79, and that the spacing of the City streets is consistent with Scott County's spacing guidelines and the desire to have streets line up across from one another. Indigo Lane will require an approved Entrance Permit from the Scott County Highway Department. 13. Final construction plans are in the process of being reviewed by staff. Approval of the Final Construction Plans by the Engineering Department is required prior to approval of the Final Plat by the City Council. 14. Grading and drainage plans, stormwater calculations, and an erosion control plan must be submitted and approved prior to approval of the Final Plat by the City Council. 15. The developer must obtain the necessary approvals from the Minnesota Pollution Control Agency, including an NPDES Permit for the stormwater runoff and erosion control. A copy of the NPDES Permit must be submitted to the City to verify its approval. 16. Shakopee Public Utilities has commented that both water and electrical services are available to the area, subject to their standard terms and conditions. 17. 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. 18. If the developer wishes a one year delay in the requirement to set the iron monuments for the plat, a request for such a delay must be submitted. A condition could be 3 recommended which allows the developer to delay the setting of the iron monuments for the plat for one year from the date of the recording of the final plat. The City would require that the developer provide adequate financial guarantees to ensure compliance within the one year time frame. 19. City staff has issued a Certificate of Exemption to the Wetlands Act of 1991 to the applicant. 20. The Scott-Hennepin Regional Trail is proposed to be routed along the east side of CR 79, from 10th Avenue to CR 78. This trail can substitute for the sidewalk generally required along collector streets (CR 79). City staff is working with staff from the Scott County Highway Department, the City of Prior Lake, ISD 720 and Scott-Hennepin Parks to prepare an application for the Intermodel Surface Transportation Efficiency Act (ISTEA) 80/20 matching funds to construct the regional trail through the City. Support for this project is growing and as a result the City's contribution should be reduced with the increased participation. The Scott-Hennepin Parks Board has recommended that an additional 10 feet of right-of- way be provided for the regional trail for the segment of CR 79 between the bypass and 11th Avenue. Additional area for the trail is needed in the urbanized area. The applicant is requesting a 1.52 acre credit towards the parkland dedication requirement of 2.17 acres (10%) for the additional 10 foot wide portion of right-of-way dedicated for this trail. The approval of both the 1st and 4th Additions of The Meadows (1987 and 1990) required an additional 10 feet of right-of-way to be dedicated (for a total right-of-way dedication of 60 feet) to allow for the construction of a trail along the east side of CR 79. These two plats are located adjacent to the subject site to the north. The City counted the additional 10 foot wide right-of-way dedication for the trail as credit towards the Parkland Dedication Requirement for both the 1st and 4th Additions of The Meadows. The approval of Hillwood Estates (1990), and the approval of the Beckrich Park Estates Planned Unit Development (1992) required the developer to record a 10 foot wide easement along the CR 79 right-of-way for the trail. No credit toward the Parkland Dedication Requirement was provided for the dedication of these trail easements. Both subdivisions are located in the rural service area. A park dedication credit was negotiated by the developer of the PUD. Steep grades severely limit trail placement along the Hillwood Estates subdivision. The applicant is proposing to dedicate 60 foot wide right-of-way for CR 79 (50 feet for the right-of-way, plus 10 feet for the placement of the trail). Staff recommends that the applicant be granted credit for the additional 10 feet of right-of-way towards the Parkland Dedication Credit because this is in conformance with the past practices of the City. 4 21. 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. The calculations below have included the 1.52 acre credit towards the parkland dedication requirement of 2.17 acres (10% of plat) for the additional 10 foot wide portion of right- of-way dedicated for the trail. Using the Assessed Value from the Scott County Assessor's Office in the calculation, the park dedication requirement would be approximately $ 18.23 per residential lot, and when using the appraised value calculated in 1989, the park dedication requirement would be approximately $22.10 per residential lot. Based on these low calculations, the City Council may wish to authorize the hiring of an appraiser to perform an appraisal of the parcels within this phase. 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. However, the developer for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of the building permit. Due to this request, the City Council may 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. 22. There are no existing special assessments against this property. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended approval of the Preliminary Plat for Homestead Ridge, subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5 e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250.00 each per sign (5 signs x $250 = $1,250). f. The applicant shall dedicate 10 feet of additional right-of-way for CR 17 to allow for the construction of the Scott-Hennepin Regional Trail. (1.52 acre credit towards the parkland dedication requirement of 2.17 acres). The remaining Park Dedication Requirement of .65 acre shall be made as a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. 3. Approval of the Preliminary Plat shall be contingent upon the City rezoning the site from Agricultural (AG) to Urban Residential (R-2). 4. Approval of the Preliminary Plat shall be contingent upon the purchase of Outlot A by the owners of the land to the south (currently Jerome and Gloria Vierling) so that it may be incorporated into a future subdivision. No Building Permits shall be approved for Outlot A until it is incorporated with the adjacent land and receives subdivision approval. 5. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes (5 lots). Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 6. The Final Plat drawing shall show the exact location of the existing Minnegasco gas line, and the size and location of the required easement. The easement for this gas line shall be recorded with the Scott County Recorder, and the document number shall be shown on the Final Plat drawing. 7. The applicant shall construct a continuous noise mitigation barrier along the south side of the plat to reduce the noise impact from the TH 101 Bypass upon the development in accordance with the MNPCA noise standards. 8. The applicant shall sign and record an agreement identifying the possible noise impacts created by the TH 101 Bypass for each property within the plat. 9. The applicant shall label the east - west street that is proposed to connect with Indigo Lane to the east as "Indigo Lane" on the Final Plat drawing. 10. The developer shall enter into an access agreement as follows: No direct access from the individual lots onto CR 79 will be allowed for Lots 1 through 12 of Block 1. Access rights shall be limited by dedicating to the City the access rights in the access agreement, and these access limitations shall be shown on the Final Plat. 6 11. Approval of the Preliminary Plat is contingent upon receiving an approved Entrance Permit from Scott County Highway Department for Indigo Lane. 12. Prior to the approval of the Final Plat, final construction plans for all public improvements must be approved by the Engineering Department. 13. Prior to the approval of the Final Plat, grading and drainage plans, stormwater calculations, and an erosion control plan must be submitted and approved by the Engineering Department. 14. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the N.P.D.E.S. Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat. 15. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 16. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. ACTION REOUESTED: Offer Resolution No. 3951, A Resolution Approving the Preliminary Plat for Homestead Ridge, and move its adoption. 7 RESOLUTION NO. 3951 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT FOR HOMESTEAD RIDGE. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for Homestead Ridge on February 3, 1994, and have recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for Homestead Ridge, described on Attachment 1, is hereby approved, subject to the following conditions: 1. Approval of title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign (5 signs x $250 = $1,250). f. The applicant shall dedicate 10 feet of additional right-of-way for CR 17 to allow for the construction of the Scott-Hennepin Regional Trail. (1.52 acre credit towards the parkland dedication requirement of 2.17 acres). The remaining Park Dedication Requirement of .65 acre shall be made as a cash payment in lieu of park land. The Park Dedication fees shall be deferred on a lot by lot basis and are to be paid prior to the release of each principal structure building permit. 3. Approval of the Preliminary Plat shall be contingent upon the City rezoning the site from Agricultural (AG) to Urban Residential (R-2). 4. Approval of the Preliminary Plat shall be contingent upon the purchase of Outlot A by the owners of the land to the south (currently Jerome and Gloria Vierling) so that it may be incorporated into a future subdivision. No Building Permits shall be approved for Outlot A until it is incorporated with the adjacent land and receives subdivision approval. 5. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes (5 lots). Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 6. The Final Plat drawing shall show the exact location of the existing Minnegasco gas line, and the size and location of the required easement. The easement for this gas line shall be recorded with the Scott County Recorder, and the document number shall be shown on the Final Plat drawing. 7. The applicant shall construct a continuous noise mitigation barrier along the south side of the plat to reduce the noise impact from the TH 101 Bypass upon the development in accordance with the MNPCA noise standards. 8. The applicant shall sign and record an agreement identifying the possible noise impacts created by the TH 101 Bypass for each property within the plat. 9. The applicant shall label the east - west street that is proposed to connect with Indigo Lane to the east as "Indigo Lane" on the Final Plat drawing. 10. The developer shall enter into an access agreement as follows: No direct access from the individual lots onto CR 79 will be allowed for Lots 1 through 12 of Block 1. Access rights shall be limited by dedicating to the City the access rights in the access agreement, and these access limitations shall be shown on the Final Plat. 11. Approval of the Preliminary Plat is contingent upon receiving an approved Entrance Permit from Scott County Highway Department for Indigo Lane. 12. Prior to the approval of the Final Plat, final construction plans for all public improvements must be approved by the Engineering Department. 13. Prior to the approval of the Final Plat, grading and drainage plans, stormwater calculations, and an erosion control plan must be submitted and approved by the Engineering Department. 14. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the N.P.D.E.S. Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat. 15. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 16. The developer must provide on-site observation and compaction testing of house pads by a registered professional soils engineer for the areas where native soils are displaced or where the building sites are filled. 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 ATTACHMENT A That part of the Southwest Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of the Southwest Quarter; thence North 00 degrees 03 minutes 44 seconds East, on an assumed bearing, along the west line of the Southwest Quarter, a distance of 583.22 feet; thence South 86 degrees 53 minutes 56 seconds East, a distance of 340.00 feet; thence North 00 degrees 03 minutes 44 seconds East, a distance of 35.13 feet to the northerly line of Parcel 55, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-4 and the point of beginning of the land to be described; thence continue North 00 degrees 03 minutes 44 seconds East, a distance of 244.87 feet; thence North 86 degrees 53 minutes 56 seconds West, a distance of 40.00 feet; thence North 00 degrees 03 minutes 44 seconds East, a distance of 190.00 feet; thence North 86 degrees 53 minutes 56 seconds West, a distance of 259.94 feet to the east line of Parcel 55A, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-4; thence North 00 degrees 03 minutes 44 seconds East, along the east line of said Parcel 55A, a distance of 4.24 feet; thence South 87 degrees 01 minutes 45 seconds West, along the north line of said Parcel 55A, a distance of 40.06 feet to the west line of the Southwest Quarter; thence North along the west line of the Southwest Quarter to the south line of the North 30 rods of the Northwest Quarter of the Southwest Quarter; thence easterly along the south line of the North 30 rods of the Northwest Quarter of the Southwest Quarter to the east line of the West 41 rods of the Southwest Quarter; thence South along the east line of the West 41 rods of the Southwest Quarter to the north line of the South 50 rods of the Southwest Quarter; thence easterly along the north line of the South 50 rods of the Southwest Quarter to its intersection with the north line of Parcel 55, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-4; thence southwesterly and westerly along the north line of Parcel 55, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-4 to the point of beginning. ... __ _ — __. ... ■ ._.--- WIC.- • i EXHIBIT A i Si....2.4 n, ..-___n-_t T L.- - . p --1" -- --Q:'-- •" =' ,. 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MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Proposed Planned Unit Development: Preliminary and Final Development Plans for Eagle Creek Bluff DATE: February 9, 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. The City Council discussed the proposed PUD at their January 18, 1994, meeting, and adopted a motion to connect the proposed Boiling Springs Lane to the existing Boiling Springs Lane cul- de-sac to form a through street. However, they tabled their decision on whether or not to approve the PUD to allow time for the applicant to present additional information. BACKGROUND: The proposed development covers 66.67 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). For additional background information regarding this proposed PUD, please refer to the staff report from the January 18, 1994, City Council Agenda Packet. The applicant has submitted a revised set of plans which reflect the City Council's concerns. The revised plans (11" x 17") have been attached to this memo. DISCUSSION: During the discussion regarding the proposed PUD, the City Council brought up a number of concerns. These concerns are listed below: 1. Clarification regarding the variances requested from the Zoning Ordinance or the Subdivision Regulations. This clarification has been provided below: A. Section 11.25, Subd. 5 requires a minimum lot size of 2.5 acres within the R-1 Zoning District. The applicant is requesting a variance to this requirement to reduce the lot sizes to an average lot size of 1.42 acres, with the smallest lot proposed for 1.07 acres. 1 B. Section 11.35, Subd. 6 requires a minimum lot width of 200 feet within the Shoreland Zoning District. Lot widths are measured at the front setback line. The applicant is requesting a variance to this requirement to reduce the minimum lot width from 200 feet to 150 feet for the Lots within the Shoreland District (Lots 2, 3, and 4, Block 3; Lot 1, Block 4; Lots 8, 9, 10, 11, 12, and 13, Block 5; and 1, 2, and 3, Block 6). C. Section 11.25, Subd. 5 requires a minimum lot width of 150 feet within the R-1 Zoning District. Lot widths are measured at the front setback line. The applicant is requesting a variance to this requirement to reduce the minimum lot width from 200 feet to 40 feet for Lots 7 and 8, Block 5. Due to the steeper grades and limited areas for building sites, the applicant has proposed the narrower lots (Lots 7 and 8) in Block 5. A shared driveway has been proposed to serve these two lots in an effort to minimize the amount of pavement in this area. D. Section 11.35, Subd. 7.B requires impervious roadway surfaces to be located at least 50 feet from the ordinary high water mark. The applicant is requesting a variance to this requirement to allow the impervious roadway surface for the proposed Eagle Creek Bluff Drive to be located less than fifty feet from the ordinary high water mark for Eagle Creek. 2. Additional information regarding the location of the common well. The developer originally proposed private wells for each lot and provided their locations on the Preliminary Grading and Utility Plan, and also provided 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) recommended that a common water distribution system be constructed to SPUC standards instead of private wells. The applicant is proposing to locate the common well on southern portion of Outlot A (open space near Eagle Creek Bluff Avenue). Please refer to Sheet 2 attached to this staff report for the location of this common well. 3. Additional information regarding percolation tests and soil tests. 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 (Drawing No. 3). The applicant has also 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 and approved by the Building Department. 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. 2 4. Identification of the number of proposed trees and species. The applicants have submitted a revised Landscape Plan which illustrates the proposed landscaping concepts for the PUD. Sheet No. 4 shows the preliminary locations of the existing deciduous trees, and proposed evergreen trees, evergreen shrubs and deciduous shrubs. A table which identifies the proposed quantities, sizes, and species has been provided on this revised Landscape Plan. The development would preserve much of the existing vegetation in both the proposed open space areas and in many of the private lots. The applicants are proposing to construct a 4 foot wide wood chip walking path through the proposed parkland, and a five foot wide bituminous path along the north side of Eagle Creek Bluff Avenue. The proposed location of these pedestrian ways has also been provided on the revised Landscape Plan. 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. 5. Park Dedication requirements. If no park land within the proposed PUD is accepted by the City for park land, a cash dedication will be required. Based upon the recent sale calculation method, the Park Dedication fee would be $1,665.50 per lot. Based on the assessed value method, the Park Dedication fee would be $539.35 per lot. As stated in the ordinance, the recent sale method would be the preferred method of calculating the Park Dedication fee. These fees have been calcula4ed on a per lot basis. The applicant believes that the $1,665.50 per lot fee is high when compared to other subdivisions. The following is a list of Park Dedication fees for other R-1 developments which have been determined under the same method or ordinance: A. Dominion Hills: $ 337.50 per lot. B. Stonebrooke 2nd Addition: $ 447.43 per lot. C. Beckrich Park Estates: $ 602.77 per lot. D. Westridge Bay Estates: $ 1,190.00 per lot. The applicant has provided approximately 1.25 acres in excess of the required 20% open space within the PUD. The applicant is also constructing a single family residential development in Section 18 adjacent to the PUD in Savage. Within the developer's project area in Savage, the applicant is dedicating public park land along Eagle Creek. The applicant has indicated to staff that he can provide additional information on the Savage park land concepts to the City Council at their February 15th meeting. The applicant is proposing a trail and tree plantings as improvements in the open space areas. He is also preserving a large area around the head of Eagle Creek. 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: 3 A. That such land area is not occupied by non-recreational buildings and is available for the use of all the residents of the proposed subdivision; B. That required setbacks shall not be included in the computation of such private open space; C. That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the Council; D. That the proposed private open space is of a size, shape, location, topography and usability for park and recreational purposes or contains unique natural features that are important to be preserved; E. That the proposed private open space reduces the demand for public recreational facilities to service the development. Staff would recommend that a 40% credit be given with the dedication of a 10 foot wide public trail easement through the open space areas around Eagle Creek, and construction by the developer of a 10 foot wide bituminous trail along Eagle Creek Avenue. The Homeowner's Association would be responsible for the maintenance of the two trails. 6. The protection of the wetlands. Suggestions include: A. Restrictive covenants recorded on the PUD, and permanent survey monument pins and visible concrete markers (flush to grade) be provided on each side of each wetland at the ordinary high water mark. B. City acquires the wetlands. C. Dedication of wetlands as public drainage easements. D. Dedication of wetlands as public wetland easements. Staff is recommending a condition requiring that the vegetation adjacent to the wetland areas be preserved or enhanced in a natural state. Staff also recommends that this be ensured through restrictive covenants recorded on the PUD, and that a permanent survey monument pin and visible concrete marker (flush to grade) be provided on each side of each wetland at the ordinary high water mark. These markers will assist the property owners in determining the locations of the wetland areas. The Wetlands Act of 1991 prohibits anyone from draining or filling wetland areas. In addition, development upon wetland areas is prohibited, and wetlands are protected through the Building Permit review process. The City does not currently have a policy in place for the maintenance and protection of wetlands, other than the enforcement of the Wetlands Act of 1991. The City Council may want to discuss whether or not they want to develop such a policy. 4 7. Lot and Block Numbering. The attached plans provide the revised numbering of the Lots and Blocks. 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. 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 has recommended 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 within the R-1 Zoning District from 2.5 acres to an average lot size of 1.42 acres, with the smallest lot proposed for 1.07 acres. 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 within the Shoreland District (Lots 2, 3, and 4, Block 3; Lot 1, Block 4; Lots 8, 9, 10, 11, 12, and 13, Block 5; and 1, 2, and 3, Block 6) when measured at the front setback line. C. A variance to Section 11.25, Subd. 5 is approved to reduce the minimum lot width from 150 feet to 40 feet for Lots 7 and 8, Block 5, when measured at the front setback line. D. 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. 5 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 1, Block 4. 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 (13.34 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 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) shall be provided on each side of each lot at the 200 foot setback line from the ordinary high water mark. 3. The following procedural actions must be taken: A. The developer shall enter into a recordable Development Agreement with the City stating the conditions of approval of the Planned Unit Development. 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 DNR regulated wetlands nos. 2, 3, and 4. 6 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 5. 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 and 4 of Block 1, Lot 1 of Block 2, and Outlot A (open space) must be vacated and the existing driveway connection to CR 17 removed. In addition, staff recommends the following condition, as discussed on Page 4 of this staff report: 2.G. The vegetation adjacent to the wetland areas is to be preserved or enhanced in a natural state. Restrictive covenants shall be recorded to ensure the protection of the wetlands. A permanent survey monument pin and visible concrete marker (flush to grade) shall be provided on each side of each wetland at the ordinary high water mark. 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. 7 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 within the R-1 Zoning District from 2.5 acres to an average lot size of 1.42 acres, with the smallest lot proposed for 1.07 acres. 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 within the Shoreland District (Lots 2, 3, and 4, Block 3; Lot 1, Block 4; Lots 8, 9, 10, 11, 12, and 13, Block 5; and 1, 2, and 3, Block 6) when measured at the front setback line. C. A variance to Section 11.25, Subd. 5 is approved to reduce the minimum lot width from 150 feet to 40 feet for Lots 7 and 8, Block 5, when measured at the front setback line. D. 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 1, Block 4. 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. i 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 (13.34 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 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) shall be provided on each side of each lot at the 200 foot setback line from the ordinary high water mark. G. The vegetation adjacent to the wetland areas is to be preserved or enhanced in a natural state. Restrictive covenants shall be recorded to ensure the protection of the wetlands. A permanent survey monument pin and visible concrete marker (flush to grade) shall be provided on each side of each wetland at the ordinary high water mark. t 3. The following procedural actions must be taken: 1 A. The developer shall enter into a recordable Development Agreement with the City stating the conditions of approval of the Planned Unit Development. 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 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 5. 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 and 4 of Block 1, Lot 1 of Block 2, and Outlot 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 ATTACHr1ENT A PROPERTY DESCRIPTIONS YER 11...4 IN6URA1A:6 CUHHITHENI NU. 1-79451 n PARCEL NO. it I The north 1320.00 feet of the Southelu eaQuarter Lha f ou+terlirt ation 13e of Soottip 115y Range 22, Scott County, Hinnesot.a lyir{g State Aid No. 89 (now Soott County Stl,te Aid Highway Ho. 18) and Scott County ' . State Aid Highway No. 16. I PARCEL NO. 21 1 A tract of land in the South Rtilf bf thu Northeast Quarter of Section 13, ` Township 115, Range 22, Scott County, tjinneaota deacribed as follower Commencing at the southeast corner of said South Half of the Northeast Qua ; thence west along Quarter; the south line of e6id South Half of the Noteastle arteria distance of 460.4 feet to the actual 1oint of beginning) thence the right 96 degrees 34 minutes a diat{unce of 271.51' feet; thdnca deflecting to the left 90 dogreea 21 minutes 30 seconds a distance of 95.0 feat; thence deflecting to the left 1 degree 26 a n te5 3L secondst ty aSdistance eid Itof 1061wuy .46 feet to the centerline of Co. Road 189 thence southeasterly along said Countyf Roud to its intersection with the south line of said South Half of the Northe4st Quarter; thence east along said south line to the point of beginning. -AHD-' Parcel No.2A: A tract of land in the South Half pf the Northeaut Quarter of Suction 13, Township 115, Range 22, Scott County, Rinneaota described an follows: 1 Beginning et a point on the east lone of said South Half of the Northeast Quarter distant 460.60 north of the southeast corner thereof; thence continuing north along said east line a distance of 128.38 feet; thence North 76 degrees 29 ainutes 20 seconds West a distance of 1633.9 feet to the centerline of Scott • County Road No. 89 (now Scott County State Aid Highway No. 18); thence South 19 degrees 44 minutes 20 seconds East aong said centerline a distance of thence561.0 feet; thence South 84 degrees 21 mint: ea 40 seconds East 1081.48 feet; North 19 degrees 46 ainutes 30 seconds east a distance of 308.4 feet; thence South 74 degrees 13 minutes 30 secon4s East a distance of 431.32 feet to the -� _ • point of beginning. I hereby certify to Chicago title innocence Company, Scott County Abstract and Iit1., Cuepalty, Merlyn A. Ileuteun, Erna L. Uannaon and Yen i.e Homes, Inc.; That in Hnruh, 1995 I did under my direct super , survey y onntained n the ound the boundaries or the above described pcopilcty; Vliet •• a true and cor ct representation of all information obtained from said survey, showing all eskemonts of record as listed in Chicago Title tin anocago Tp Company Commitment No. 1-7945 we provided; 1 oleo hereby certifNoy o 2 and iaT and Insurance Company that the property described by parcels the proposed deseriptiun for Regiet:sti.4,. doer ,ct overlap nor la not orerlupped by thy :•ropertiwe desrrtta " ' In warranty leea Ailed as uxtuiatt t14i,,be1O 1..-401 , 11e071, 04 y andby Ink 1:t:;,.orat described`in 6r, 157 or deeds e on pages535-5,!,o.535-5, saveaent.a,' impruveesnLes and encrueuhmewlta un to or off lcrov eeid property if any{ Surveyors Note: ecce) 2 and !J. are As indicated on the survey drawing the property described in p tndt A e tout coutiguuus. the attached proposed dcecL iPtlu, for if titleat dv registration to CLa { a prvvldeid to acuiot in the regietratiun pro e props: solution to Ins problem. ` This is to ocrtify that this nap or plat end the survey on athlob it is booed 'Alaimo. Standard Detail r'e'mit/ Lc ore mete in Title with the antabLiabed end adopted by AL.TA mod A9CR 1n • ALTA/an,+t Land Title cub‘arvayerequir11 as defined thocein. 1906 and meets the accuracy requirements of a Clise A Survey , r Id A. JMartaon, Land Sur`(ILyaf Kionenote License No. 1(1103 flat d t this 22nd day of rleroh,1993 ON2t510 UTSCRIPTION FOR TITLE RIL191-H,jTlOht That part of 'the South Half of thet rtheaet Quarter of Section 13, Township 115, Range 22, Scott County, A sots lying easterly of the easterly right-of-way line of County Road No. 8 as defined by Document No. 182830, Scott County ;recorders Office and southerly If the following described lin t Commencing at. the northwest corner of said South East�of he Northeast or tsumed bearing aQuarter; g the thence South 88 degrees 59 ednutea 33 seconds north line of said South Half of the Northeast Quarter a distance of 733.85 feet; thence South 18 degrees 51 mint*es 58 seconds East a distance of >68.65 feet to the ;pint of beginning of tl line to be described; thence South 77 degrees 35 eai,iutew 11 eeoonde East a iataroe of 1631.07 feet more or less to a point on the east line the said Sou Half of the corner and thereterminating. Quarter distant 588.91} feet northerly i EXCEPTING THEREFROM 111E FOLIANINC DE CAIDED TRACT: th.noeing t the southeast south line oforner f all Id South ;;alfSouth f off theeNortheastQuart•rra -� • thenoe west along grthence def soting to the right at an angle of 96 dof L60.40 feet; degrees 34 minutes 00 seconds a dis a of 271.5+ feet; thecae deflecting ` angle of 90 degreee 1 minutes 30 aeoonds a distance of 95.00 the left at an angle of 102 degrees 41 minutes 40 Rwt,ed 5/24/93 To u+e<>� *b^- feet; thence deflecting to tho right t an ■•Donde a distance of 303.40 feet; the o• deflecting to the right at an angle of minutes 00 second' a d stance of 431.63 feet to a point on.the! . hinby cKtlry ttwt Mk e6• degrees 00 Northeast Quarter distant 460.60 feet I t PAPa� "Pe or k Ry east line of said South Half of encs southerly along said east litre a direct supervision and that Ian northerly of the southeast corner; a duty Uconsed Land Surveyor distance of 460.60 feet to the point o beginnin6• under laws of ti Stat} of Min / /, FILE No. rso4, IV 193/48 Oo►I 3— "Z :'3 Liwoe No.043 �,. its (�; • :•' E�IBIT A ..;. • ,...s.„. _ _ , Y:. i !,, z. . 16 ! ., . , • -- --it '-r .,, '. ^-' • • i 8_`i'Lath - .. .`- '. 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Ekola, City Planner RE: Vacation of the Portion of the Alley Located North of Lots 3, 4, and 5, Block 30, Original Shakopee Plat DATE: February 8, 1994 INTRODUCTION: At their January 18, 1994, meeting, the Shakopee City Council tabled the adoption of a Resolution vacating the alley north of Lots 3, 4 and 5 of Block 30, Original Shakopee Plat, to the February 1st meeting. This adoption of the Resolution was tabled to allow time for staff to draft a descriptive easement (versus a blanket easement) across the City of Shakopee parking lot, located north of Pablo's. At the February 1st meeting, the Council again tabled the adoption of the Resolution to allow additional time for staff to draft the easement. DISCUSSION: The City Attorney spoke with Dave Moonens of Scott County Abstract to obtain his suggestions for the working of the language for the access easement. He suggested that the City define a specific 16 foot wide strip. The City Attorney has determined that an undefined strip is the best type of easement in this situation. The City Attorney is recommending that Lot 3, Block 30, Original Shakopee Plat be given the following easement: A sixteen (16) foot wide access easement across Lots 6, 7, and 8, Block 30, Shakopee Plat, the actual location of which may be changed at any time by the owner of Lots, 6, 7, and 8. The City Attorney feels that this would provide the needed access, but would allow the City to redesign the parking lot, or even to eliminate the western entrance into the parking lot, without renegotiating the easement. 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. 1 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 portion of this alley lying north of Lots 3, 4 and 5, Block 30, Shakopee plat, serves no further public need; 3.) That the part of the remaining alley lying north of Lots 3, 4 and 5 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 5.) That the City shall record a sixteen (16) foot wide access easement across Lots 6, 7, and 8, Block 30, Shakopee Plat, the actual location of which may be changed at any time by the owner of Lots, 6, 7, and 8; and 6.) 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 the day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney iv? i) MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Policy on Complete Submittals DATE: February 4, 1994 INTRODUCTION: Each month the City receives numerous applications for Board of Adjustment and Appeals and/or Planning Commission consideration. BACKGROUND: With many of the applications submitted to the City for review incomplete submittals are often commonplace. Many submittals often lack necessary information to make a complete and adequate review. Too often staff has had to add information which is required of the applicant by ordinance. Some items include such things as property lines and dimensions, required setbacks, locations of wetlands, incomplete topography, streets and curbs, etc. As a result, the Planning Commission is often required to ask numerous questions in trying to obtain the necessary information. Submittals for the Board and Planning Commission review come from a wide range of applicants. Whereas, some applicants have professional and legal design teams to assist them, many applicants are essentially one time builders. In 1992, Planning staff undertook an extensive effort to revise the application packets. This revision was intended to clearly identify all the submittal requirements for each process. This was intended to help all applicants, especially the one time builders. Staff established a series of application packets for the various development review procedures. A 3-part format was developed for each of the application packets. This format consisted of the following: 1. Information Handout - Explains the various steps in each procedure and also provides other general information. 2. Submission Requirements - A checklist form which identifies all the requirements for a particular process, based on ordinance requirements. 3. Application - The actual application form which lists the names, addresses and phone numbers and fee information. The submission requirements were developed in a checklist format. Applicants are directed to check-off each item and return their completed checklist with their submittal. The intent of this checklist format is to assist the applicant in providing all the necessary information for each proposal. The packets will need some refinement with the adoption of the new Zoning Ordinance and the changes in permit fees. Planning staff is initiating efforts to update the various packets at this time. 1 DISCUSSION: Although the application packets clearly define the requirements for submittals, several problems currently exist with the intake of submittals. The following is a list of some of these problems: 1. There is no formal of defined method of accepting applications. Some applications are dropped off by runners or delivery people. If questions arise these people cannot provide answers necessary. 2. The limited amount of staff time available to review projects as they are submitted. Most applications come in toward the end of each months deadline day. 3. There is no formal submittal review process by staff to insure that basic items have been provided by the applicants. 4. Almost all the applications are incomplete in terms of providing the required information items. Applicants are very aggressive in pursuing their projects through the process, especially on the deadline days. Staff has worked hard to keep projects moving forward in a timely fashion as possible. As the number of applications has grown over the past several years, the time available for staff to assist projects through the review process has become impossible to keep up with. The quality of the project review process has been negatively impacted. In addition, staff has not been able to make the necessary process improvements such as updating the application packets since 1992. Staff believes that having the improved application packets, the next step is to create a submittal review policy. The Planning Commission would like to suggest to the City Council the concept of a more formalized submittal review. A submittal review would not deal with project design issues, rather it would simply deal with insuring that the necessary items on the checklist have been provided by the deadline date by the applicant. Example items would include copy of the property owners list, required fees, signed applications, the required number of blueprint full sized copies, reduced copies, etc. The following are two possible alternatives for providing a more formalized submittal review of applications were offered to the Planning Commission by staff: 1. Mandatory 3 day submittal review - Staff would have three days to review submittals by applicants. After the 3 day time frame staff would be required to notify applicants of missing information items per the checklist. Incomplete applications would be delayed to the next available Planning Commission meeting after the necessary information has been submitted. 2 • 2. Mandatory submittal conference - All applicants would be required to schedule a 15 - 30 minute conference with staff prior to the application deadline. The submittal conference would allow the applicant and staff a scheduled time to review the list of required items and insure that they have been submitted. In the future, staff believes that improvements to the design review process will also be needed. Staff would anticipate this would occur with the improvements to the various staff reports presented to the Planning Commission and/or City Council. Staff hopes to initiate this process in 1994 and complete the effort in early 1995. Staff would emphasize that the design review policy would focus on design issues. The submittal review policy will provide for a determination that acceptable submittals have been made. ALTERNATIVES: 1. Mandatory 3 day submittal review. 2. Mandatory submittal conference. 3. Do not adopt a more formalized process for submittal review. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No. 1. ACTION REQUESTED: 1. Review and discuss the adoption of a submittal review policy. 2. Adopt a policy requiring a 3 day time frame to allow staff to review submittals. {sUBM(I1 A:215) 3 SHAKOPEE *, 1994 * * *Shakopee, MN 55379 Dear *: City staff has completed the review of your application for approval of *. We are pleased to inform you that your application has been accepted, and the City will be placing your request on the agenda for the next regular meeting of the * scheduled for Thursday, *, 1994. The meeting starts at 7:30 P.M. A copy of the Agenda for that meeting, along with a copy of the staff report regarding your request, will be mailed to you prior to the meeting date. If you have any questions regarding your application or the approval process, please contact the Planning Department at (612) 445-3650. Sincerely, Terrie Sandbeck Assistant City Planner {SUBMEITA'1 COMMUNITY PRIDE SINCE 1857 129 Holmes Street South- Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 WILLA' SHAKOPEE *, 1994 * * *Shakopee, MN 55379 Dear *: City staff has completed the review of your application for approval of *. We regret to inform you that your application has not been accepted, and will not be placed on the Agenda for the next regular meeting of the *. Attached is a copy of the Submittal Requirements for your Application. A check mark has been provided in the "Submitted" column if the required item has been completed and was submitted for review. Items that remain outstanding or have not been completed are those which do not have a check mark placed in the "Submitted" column. If you would like your request placed on the * Agenda for the *, 1994, meeting, the submittal deadline is *, 1994, at 4:30 P.M. If you have any questions regarding your submittal or the approval process, please contact the Planning Department at (612) 445-3650. Sincerely, Terrie Sandbeck Assistant City Planner (SUBMITTA.') COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 553794351 612-445-3650 • FAX 612-445-6718 /3 &) MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne' DATE: February 10 , 1994 RE: Murphy' s Landing Lease • BACKGROUND: At the last City Council meeting, staff was directed to prepare a draft three-year lease for Murphy' s Landing. Various suggestions have been made regarding the proper provisions to be included. Those suggestions have been incorporated. Staff has set up a meeting with Murphy' s Landing to discuss the draft lease on February 16 , 1994 , in order to see if there are any small changes that would significantly benefit them without compromising the intention and provisions of the lease as drafted. Although staff hopes to have a final draft by the next City Council meeting, that will not be until March 8th. In the past two months staff also has prepared two extensions to the existing lease . Each extension was for one month. Staff is recommending that one more extension be granted, to March 23 , 1994 . The present insurance on Murphy' s Landing ends on March 22 , 1994 , which also is the date of a City Council meeting. This extension gives us the maximum amount of time for further negotiations, if necessary. ALTERNATIVES : 1 . Make suggestions on the draft lease and table it for further discussion at an upcoming Council meeting. 2 . Adopt the lease as written. 3 . Extend the existing lease until March 23 , 1994 . 4 . Do not extend the existing lease . 5 . Extend the existing lease to a different date . RECOMMENDATION: Make suggestions on the draft lease and table it . Direct staff to prepare an extension to the existing lease until March 23 , 1994 , and authorize the appropriate city officials to execute the extension. [9MURPHYL] LEASE Dated: , 1994 Lessor: City of Shakopee, Attention: Dennis Kraft, City Administrator, 129 S . Holmes Street, Shakopee, MN 55379 Tenant : Minnesota Valley Restoration Project, Inc . d/b/a Historic Murphy' s Landing Premises : That property described in Exhibit A attached hereto and incorporated herein, addressed as 2187 Highway 101, Shakopee, MN 55379, commonly known as Murphy' s Landing. Rent : $ . 00 per month. Term: Three years, commencing on March 23 , 1994, and terminating on March 31, 1997 . In consideration of the rents to be paid by Tenant, and other agreements set forth herein, Lessor hereby leases to Tenant the above-described Premises for the above-described Term subject to the following conditions and mutual agreements : 1 . Intention of Parties . It is the intention of both Lessor and Tenant that Tenant shall operate Murphy' s Landing with as little input and intervention from the Lessor as possible . Both parties desire for Murphy' s Landing to become a fully independent, successful operation. Tenant is not holding the accumulation of structures and artifacts in trust for the Lessor, nor is Tenant managing the Premises for the Lessor. However, due the fact that Murphy' s Landing is located on Lessor' s property, and due to the fact that Tenant repeatedly has requested financial assistance from Lessor, certain management provisions are included in this Lease to encourage Tenant to end its reliance on Lessor. These provisions shall not be construed to make Lessor in any way a party to the management of Murphy' s Landing; rather, they are a method of reviewing whether this Lease should be terminated and Tenant' s occupancy of the Premises ended. 2 . Payments . a. Rent . Tenant shall pay to Lessor the rent above set forth in advance on the first day of each and every month included within the Term. Rent for any partial calendar month at the beginning or at the end of the Term shall be prorated on a daily basis . Payments shall be made to Lessor by delivering same to the City Director of Finance . LEASE Dated: , 1994 Lessor: City of Shakopee, Attention: Dennis Kraft, City Administrator, 129 S. Holmes Street, Shakopee, MN 55379 Tenant : Minnesota Valley Restoration Project, Inc. d/b/a Historic Murphy' s Landing Premises : That property described in Exhibit A attached hereto and incorporated herein, addressed as 2187 Highway 101, Shakopee, MN 55379, commonly known as Murphy' s Landing. Rent : $ . 00 per month. Term: Three years, commencing on March 23, 1994, and terminating on March 31, 1997 . In consideration of the rents to be paid by Tenant, and other _ agreements set forth herein, Lessor hereby leases to Tenant the above-described Premises for the above-described Term subject to the following conditions and mutual agreements : 1. Intention of Parties . It is the intention of both Lessor and Tenant that Tenant shall operate Murphy' s Landing with as little input and intervention from the Lessor as possible. Both parties desire for Murphy' s Landing to become a fully independent, successful operation. Tenant is not holding the accumulation of structures and artifacts in trust for the Lessor, nor is Tenant managing the Premises for the Lessor. However, due the fact that Murphy' s Landing is located on Lessor' s property, and due to the fact that Tenant repeatedly has requested financial assistance from Lessor, certain management provisions are included in this Lease to encourage Tenant to end its reliance on Lessor. These provisions shall not be construed to make Lessor in any way a party to the management of Murphy' s Landing; rather, they are a method of reviewing whether this Lease should be terminated and Tenant' s occupancy of the Premises ended. 2 . Payments . a. Rent . Tenant shall pay to Lessor the rent above set forth in advance on the first day of each and every month included within the Term. Rent for any partial calendar month at the beginning or at the end of the Term shall be prorated on a daily basis . Payments shall be made to Lessor by delivering same to the City Director of Finance. b. Taxes . This property is presently tax exempt, and therefore the rent does not include any taxes. If the property should be determined to be subject to tax, Tenant shall pay the full amount of any taxes . c . Infrastructure Improvement and Maintenance . The Lessor . shall provide the following infrastructure improvement and maintenance : Lessor shall grade, maintain, and plow all streets, as determined necessary by Lessor. Lessor shall install and maintain a working sewage lift station to serve approved residences and bathrooms on the Premises. Lessor shall provide a working well for water. Lessor shall provide an electrical transformer and utility lines to buildings to be served with electricity. Lessor shall mow grassy areas . Lessor shall provide garbage collection. Lessor shall pay storm sewer utility fund bills . If Tenant or Tenant' s employees, invitees, or sublessees damage the infrastructure, Tenant shall promptly repair any such damage at Tenant' s expense . d. Building Improvement and Maintenance. Tenant shall provide all building improvements and maintenance . e. Utilities . Tenant shall pay all utilities . * f . Insurance . Tenant shall provide property and casualty insurance covering all structures, their contents, and artifacts located on the Premises. Tenant also shall provide liability insurance in the amount of at least $200, 000 for any single claimant, and at least $600, 000 for any number of claims arising out of a single occurrence. The City of Shakopee shall be named as an additional insured on each of these insurance policies . Tenant shall provide the City with a certificate of insurance indicating the required coverage, and containing a provision that these shall not be canceled, modified, or non-renewed without 10 days prior written notice to the City of Shakopee. g. Operating Expenses . Tenant shall pay all other normal operating expenses as are necessary to keep the Premises in a safe and appropriate condition suitable for use as a living history museum. Tenant shall proceed with due diligence to eliminate all presently outstanding debt . 3 . Use . a. Living History Museum. During the Term Tenant shall use the Premises for the purpose of a living history museum, presently known as Murphy' s Landing, and for no other purpose, except as described in paragraph 3 .c . below. During the Term, Tenant shall make no major changes in 2 the operation of Murphy' s Landing. Tenant shall not commit the enterprise to significant capital obligations or enter into any contractual obligations which bind the Premises without first receiving the written approval of the Lessor. b. Regulation. Tenant shall comply 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 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, and the general public. c. Apartments . Those areas specified on Exhibit B only may be sublet as residential apartments . No other area may be used for overnight living quarters, except for brief special events. An inspection by the Building Official is required prior to use of any area or structure for living quarters . 4 . Management . a. Manager. By April 1, 1994, Tenant shall have hired a qualified professional to handle the business aspects of Murphy' s Landing. This professional shall have experience in generating grants and financial management . Tenant shall have secured finances or commitments for sufficient funds to pay this professional' s first year salary. The professional hired shall be one of those who was interviewed by staff from Lessor and Scott County. b. Inventory. By October 1, 1994, Tenant shall complete a full and detailed inventory of the structures, contents, and artifacts located on or belonging to Murphy' s Landing. For each item, the inventory shall contain a description; date of acquisition, when available; purchase price or appraised value, if donated; what historical value, if any, the item has; and where the item is located. A copy of this inventory shall be provided to Lessor. c . Reports. Starting on May 1, 1994 , Tenant shall provide Lessor with a monthly operating statement, and such other reports as are appropriate to indicate the financial status and program success of Murphy' s Landing. ify of all s of d. Mee�heVBoard ofeDirectors.nnt shall nAtmember sofrthe City Council of 3 Lessor will be an active voting member of the Tenant Board of Directors . e . Audit . Tenant shall have an independent audit of its financial affairs conducted annually at its expense . A copy of this audit shall be provided to Lessor. f . Trail . By May 1, 1994, Tenant shall have approved an agreement with the Minnesota Department of Natural Resources for an extension of the Minnesota River Valley Trail through Murphy' s Landing. g. Fire Safety. By June 1, 1994, Tenant shall have brought thePremisestll compliance with required by Uniform them Fire State Code, and have made allchanges Fire Marshall . h. BuildingCode. By July 1, 1994, Tenant shall have brought all structures on the Premises into compliance with the Building Code, to the satisfaction of Lessor' s Building Official . i . Housing Code . By July 1, 1994, Tenant shall have brought all occupied structures into compliance with the Uniform Housing Code, to the satisfaction of Lessor' s Building Official . j . Nuisances . By May 1, 1994, Tenant shall have removed all cars, junk, or lumber stored in violation of City Code, evicted all persons residing on the Premises in violation of the n of the Premises to thss Lease,haand no further violations ofoCity Code Chapter to assure that 10 are present. 5 . 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 for compliance with this Lease, and to make dvisableuch al andirs, atol exhibit ditions, nthel Premises as to Lessor may deem prospective tenants, purchasers or others. 6 . Alterations . Tenant a�hemake owrittenalteration approvalrofdLessors to the Premises withoutprior 7 . Assignment . Tenant shall not assign this se or ritwithout s right hereunder or sublet the Premises or any partuts the prior written approval of Lessor. Tenant is hereby given permission to sublet those areas specified on Exhibit B as residential apartments. 8 . Dames— In case of damage to the Premises or any part thereof by fire or other casualty, Tenant shall give immediate notice 4 to Lessor. Tenant shall thereupon cause the damage to be herepaired with the Premi Prle emisesd, at the expense are rendered unfit fforTenant . the Use, the extent 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 Tenant shall decide not to repair or rebuild, then Tenant shall remove such damaged items and this Lease may be terminated at the option of Lessor as of the date of such damaggemage, and the rent shall be andTenant shall thereupon of suchpromptly vacate datejusted to the the Premises . 9 . Liability. a. Waiver of Liability. Tenant agrees that Lessor and its officers and employees shall not be liable to Tenant for any injury to persons or damage to or loss of structures or personal property in the Premises unless such injury, damage, or loss is the result of the gross negligence or willful acts of Lessor or its officers or employees, and Lessor and its officers and employees shall not be liable to Tenant for any such damage or loss, whether or not the result of their gross negligence, to the extent Tenant is compensated therefor by Tenant' s insurance. b. Indemnity. Tenant shall defend, indemnify, and hold Lessor harmless from and against all claims, losses, and liabilities arising out of personal hich are caused by Tenant death, and damage to property, arising out of or in any way connected with this Lease. c. Subleases . Tenant assumes full responsibility for relations with all sublessees, and shall defend, indemnify and save harmless Lessor from and against any and all liability, suits, claims, damages, costs (including attorneys' fees) , losses, outlays, and expenses in any manner caused by, arising out of, or connected with any sublease under this Lease. 10 . Delivery Upon Termination. Upon the termination of this Lease and the said Term in any manner whatsoever, Tenant shall remove all non-historic items from the Premises . Tenant may abandon any historic items . Tenant shall 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 shall be considered abandoned and Lessor may retain or dispose of the same as it deems expedient . 5 11 . Termination. Tenant may terminate this Lease, with or without cause, upon 30 days prior written notice to Lessor. Lessor may terminate this Lease, with cause, upon 30 days prior written notice to Tenant . After July 1, 1995, Lessor may terminate this Lease without cause, by giving at least 60 days prior written notice to Tenant, and specifying an effective date of such termination, which shall not be between Memorial Day and Labor Day. 12 . 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 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. 13 . Insolvency. a. Re-Entry. 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 payorors, hereunder or any of them or in performing any of the other agreements, terms and conditions of this Lease, then Lessor may immediately re-enter the Premises. This authority is in addition to all other rights and remedies available to Lessor, by law or by other provision hereof . Lessor may take this action without notice, and may then remove all persons and property from the Premises, subject to subleases authorized for those areas described in Exhibit B. At Lessor' s option, Lessor may annul and cancel this Lease as to all future rights of Tenant, and Tenant hereby expressly waives the service of any notice in writing of intention to re-enter. Neither this Lease nor any interest or estate hereunder shall pass to any trustee or receiver or assignee for benefit of creditors or otherwise by operation of law. b. Indemnity. Tenant 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 limited to, costs of restoring and repairing the Premises and putting the same in good condition for the Use, 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 . 6 14 . Breach. In the event Tenant breaches any of the covenants or provisions of this Lease, Tenant shall remedy said breach within ten (10) days after written notice thereof . If said breach is not be corrected within the ten (10) day period, then Tenant shall vacate and relinquish possession of the Premises immediately upon the expiration of the ten (10) day period. 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 . • 15 . 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 City Attorney City Hall 129 S. Holmes Street Shakopee, MN 55379 Attorney for Tenant : 16 . Governing Law. This Lease has been made under the laws of the State of Minnesota and such laws shall control its interpretation. LESSOR TENANT THE CITY OF SHAKOPEE MINNESOTA VALLEY RESTORATION PROJECT, INC. By By Gary Laurent, Mayor By By Dennis Kraft, City Admin, By By Judith S. Cox, City Clerk [9MURPHYL] 7 JXJNSENTl310 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: McKenna Road /5.(9, DATE: February 8, 1994 INTRODUCTION: Recent developments regarding this project necessitate further City Council review and direction. BACKGROUND: In February, 1993 the City Council ordered a feasibility report prepared for the paving of McKenna Road. This project was initiated by the Mdewakanton Sioux Community (M.S.C.) by making an offer to the City to pay for 60% of the project. In May, 1993 a public hearing was held to consider the improvements since it was proposed to use the standard City of Shakopee's Special Assessment Policy to fund a portion of this project. At that public hearing, the M.S.C. withdrew their offer to fund a portion of this improvement. The stated reasons for withdrawing their offer included an ongoing transportation study and also an incomplete siting analysis for their proposed Community Center. Based on the offer being withdrawn, the City Council rejected this project. In October, 1993 the City of Shakopee once again received an offer from the M.S.C. which stated that they would pay 100% of the construction costs if the City would pay for all "soft" costs, such as engineering/administrative costs, etc. The City Council accepted this offer, but directed staff to still use the Special Assessment Policy to fund this project, in order to be consistent with all other projects. Any "excess" money collected on McKenna Road due to the M.S.C. contribution would go into the Capital Improvement Fund to assist the City in paying for non- assessed costs of other projects. Council further directed staff to draft an agreement with the M.S.C. to cover the funding on the project. Because the Special Assessment Policy allows for benefit appraisals prior to assessing a project, the City Council directed staff to obtain the benefit appraisals at the October, 1993 meeting. The appraisal reports are essentially completed and should be delivered to the City within 2 to 3 weeks. Attached is a letter from the appraisal firm summarizing their conclusions. Based on their analysis, only $49,000.00 of this project can be attributed to the benefits of paving the road and therefore, that would be the most that could be assessed. The feasibility report, using the standard assessment methods, had proposed a total assessment of$99,000.00, which exceeds the benefit as indicated by the appraisals. The City has also received a December 23, 1993 letter from the M.S.C. essentially withdrawing their offer one more time. A copy of that letter is attached indicating their reasons for this decision. Based on this letter and the benefit appraisals completed, staff would like to know if the City Council desires to proceed with this project. ALTERNATIVES: 1. Proceed with the project by scheduling a public hearing to consider the proposed assessments as justified by the benefit appraisals. 2. Deny this project due to the withdrawal of the M.S.C. 3. Take some other action. RECOMMENDATION: Staff recommends Alternative No. 2. While this project is on the City's 5-Year Capital Improvement Projects (C.I.P.), it was not proposed to construct this project in 1994, but because of the M.S.C.'s offer the project was moved up in the priority list. Now that the offer has been withdrawn, staff believes this project should stay in the C.I.P. as a future project (currently programmed for 1997 construction), rather than proceeding with it now. Staff also believes that any future offers from the M.S.C. should be supported by either a signed agreement between both entities or financial assurances before any further serious considerations by the City Council. In regards to the benefit appraisals, those appraisals would still be of value if and when this project is ever ordered as far as providing data for determining the amount of assessments to levy on this project. ACTION REQUESTED: Move to direct staff to terminate all efforts for completing the McKenna Road Project in 1994 and additionally to notify the Mdewakanton Sioux Community of this action as it affects any future offers from the Community. DEH/pmp MSC I i ES TIMA TED MCKENNA ROAD ASSESSMENT ROLL 1 LEGAL FRONT PID # OWNER DESCRIPTION FOOT ASSESSMENT 111 27-915001-1 Idella Shutrop 15 115 22 123.10 4255.00 $42,641 .53 II 5765 Eagle Creek Blvd. N 1/2 NE 1/4 SW 1/4 Shakopee, MN 55379 W 1/2 SE 1/4 & Lot #3 S of CR #16 1986.00 $19,902.72 J27-915003-O1Metropolitan Waste Control 15 115 22 60 230 E. 5th Street S 3/4 of E 1/2 SW St. Paul, MN 55101 1/4 III 27-915005-0Metropolitan Waste Control 15 115 22 93.57 983.00 $9,851 .15 230 E. 5th Street P/O Govt Lot 4 Lying I St. Paul, MN 55101 S of Rd 37.48A, P/O Govt Lot 5 Lying S 11 of Rd 16.09 A, SW 1/4 NW 1/4 40A • 27-922003-01Shakopee Mdewakanton Sioux 22 115 22 1325.00 $13,278.50 II Community W 1/2 of NE 1/4 Ex N 2330 Sioux Trail N.W. 18 1/2' for Road Prior Lake, MN 55372 111 27-922004-01Metropolitan Waste Control 22 115 22 36.01 980.00 $9,821 .08 230 E. 5th Street NE 1/4 NW 1/4 Ex ISt. Paul, MN 55101 3.99 A 27-922005-01William & Edna Whipps 22 115 22 3.99 349.75 $3,505.02 111 2292 McKenna Road P/O NE 1/4, NW 1/4 Shakopee, MN 55379 Com 621 .16 S of NE Cor, S 349.75, NW 1 501 .2, NW 326, NE 526.17 to Beg I9878.75 $99,000.00 li COST PER FRONT FOOT= $10.02 I I 3 Peter J. Patchin & Associates, Inc. Valuation Consultants (612) 895-1205 101 West Burnsville Parkway, Suite 200, Burnsville,Minnesota 55337 FAX (612) 895-1521 January 28, 1994 Mr. David Hutton Public Works Director City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: McKenna Road Project Dear Mr. Hutton: We have completed our appraisal report of the above referenced project. Below is a summary of our valuation conclusions. Indicated Benefit Before Value After Value of Paving Subject A (27-915001-1) $386,500 $407,000 $20,500 Subject B (27-915005-0) $145,500 $153,000 $ 7,500 Subject C (27-915003-0) $221,000 $231,000 $10,000 Subject D (27-922004-0) $142,500 $150,000 $ 7,500 Subject E (27-922005-0) $ 26,000 $ 29,500 $ 3,500 Totals $921,500 $970,500 $49,000 This report is currently being typed, and it is our hope that it will be available to you by February 10, 1994. If you have any questions regarding this matter, do not hesitate to call. Thank you for your continued patience. Sincerely, PETER J. PAATCHIN & ASSOCIATES, INC. cpcujoi.o? Clay Dodd Staff A.'raiser Peter J. Patc n, MAI, CRE President CMD:prj Peter J. Patchin&Associates. Inc. SHAKOPEE MDEWAKANTON SIOUX COMMUNITY 2330 Sioux Trail N.W., Prior Lake, Minnesota 55372 Tribal Office (612) 445-8900 \t,AN TSN FAX: (612) 445-8906 <4/�' 6> OFFICERS G� STANLEY R. CROOKS Chairperson KENNETH ANDERSON i ! Vice Chairperson ' DARLENE MATTA Secretaryireasurer December 23 , 1993 City of Shakopee c/o Dave Hutton 129 S . Holmes Shakopee, MN 55379 Subject: McKenna Road Upgrade Shakopee, MN Dear Dave: This letter is to inform you that the funding for the above mentioned project from our Community is on-hold. In my letter dated September 28, 1993 we planned on completing the road in 1994 . This would require your staff to engineer the project over the winter construction. However, since the letter, a new site study for the Recreation Center recommended to have the facility located near the Mystic Lake Complex. This report was subsequently approved by our Tribal Business Council . Therefore, this construction project will now only benefit the residents along McKenna Road. The Tribal Business Council has requested that we re-examine the project, and answer the following questions : 1 . Is this the best use of our capital improvement dollars? 2 . What effect would a paved road have on the residents adjacent to the roadway? 3 . Could it be redesigned to reduce construction cost? Additionally, I will need to meet with you to examine the "soft cost" associated with the project, as well as, other cost which the City would incur and compare it to the annual maintenance cost for the gravel road. I appreciate your time and effort. Please contact me if you have any additional questions. Sincerely, at,`L YLG William M. Rudnicki Tribal Administrator WMR/jbm cc : Tribal Business Council Dennis Kraft 0ud�� i3C._ MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR SUBJECT: HEPATITIS B VACCINATIONS DATE: FEBRUARY 8, 1994 INTRODUCTION Staff is requesting that the existing Hepatitis B vaccination policy be amended to include all Public Works Department employees who are routinely assigned to maintain the sanitary sewer system. BACKGROUND The City of Shakopee implemented a Hepatitis B vaccine policy in December, 1990. The policy indicates that employees who have been identified as a high risk for acquiring Hepatitis B infections be vaccinated at City expense. The original policy identified only police officers and firefighters as high risk employees. In 1993 , the City of Shakopee amended the policy to include pool employees due to a new OSHA standard requiring lifeguards to be protected. Based on some fairly recent studies, it is widely accepted that sewer work is also a high risk occupation exposed to bloodborne pathogens and other microorganisms in the sewage that could infect employees with Hepatitis B virus and the Human Immunodeficiency Virus (HIV) , which caused the AIDS virus. The Department has taken the physical precautions to minimize any risk such as providing rubber gloves, disinfectant hand wash, face masks, etc. But staff feels that the vaccination policy already in effect should be amended to include Public Works employees. The policy requires employers to offer, free of charge, hepatitis B vaccinations to all employees with occupational exposure. This series of three shots is strictly voluntary not mandatory. It also calls for appropriate medical follow up and counseling after an exposure incident. Employees who choose not to partake in the vaccine must sign a form of declination. If at a later date, the employee has a change of mind, they may be vaccinated. Adequate training must coincide with the vaccinations that alert workers to the risks by bloodborne pathogens. Employers must keep records of exposure incidents, post exposure follow up, hepatitis B vaccinations and employee training. In regards to the cost of vaccinations, last year when the Recreation Department staff researched this issue, they found that Hepatitis B vaccinations can cost between $150-$300. Staff contacted two local clinics concerning the cost of the three vaccinations. Park Nicollet charges $63 per shot or $189 for the series. Sundance Clinic charges $85 per shot or $255 for the series. Because all 10 department employees perform sewer maintenance, the total cost for the vaccinations would be around $1890 at Park Nicollet. It is staff recommendation that employees wishing to receive the vaccinations go to the same clinic to get them administered. This will simplify billing and the vaccinations can be done in a timely manner. The Police Department has been using Park Nicollet and staff would recommend that Sewer employees follow suite. Training for at risk employees and education training for other employees can be handled through the American Red Cross. To help employers, the Red Cross HIV/AIDS Worksite Program had developed an employee education seminar about bloodborne pathogens. This training can be on site so that workers will see in their work environment the possibilities that may occur. The Red Cross charges $195 for the 1 1/2 hour seminar. The charge $100 to non- profit organizations for the training. It is proposed that all costs associated with protective equipment (supplies) , training and vaccinations come out of the 1994 Sewer Budget. Staff is seeking Council authorization to include Public Works employees in the current vaccination policy. ALTERNATIVES 1. Move to amend the current Hepatitis B vaccination policy to include all Public Works employees who are regularly assigned to sewer maintenance activities. 2 . Deny the request. 3 . Table the request. RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Move to amend the current hepatitis B vaccination policy to include all Public Works employees who are regularly assigned to sewer maintenance activities. CITY OF SHAKOPEE HEPATITIS-B VACCINE POLICY Policy Hepatitis B is a viral liver infection which can be debilitating and in some cases, fatal . Because Hepatitis B is transmitted through body fluids such as blood, certain groups of people are at a greater risk of infection than others. The Federal Occupational Safety and Health Administration (OSHA) has stated that all employers must evaluate their employees to assess the risk of Hepatitis B infection, as it relates to their jobs . If a substantial exposure is assessed, the employer must offer the vaccine to those employees at no cost the employee. Substantial exposure risk is defined as regular exposure to infectious agents, body fluids, or needle sticks during the course of performing one' s job duties. The employees with the City of Shakopee who have been identified at substantial risk of Hepatitis B infections are: * Sworn officers * Firefighters Procedure Current medical standards require three does of Hepatitis vaccine. The timeframe of the doses are: one initial dose, a second dose at 1 month and the third at 6 months. Any employee who, while on the job, is exposed to blood, body fluids or needle stick exposures is required to: 1. Contact their supervisor as soon as possible. 2 . Complete a First Report of Injury Form. If the exposure is found to be a significant exposure, the supervisor will initiate appropriate action. Implementation The City of Shakopee is committed to protecting their employees by providing the vaccine to current members of the above named groups and to all new members of these groups at the time of employment. The City will annually conduct a review to determine employee who wish to receive the vaccination. The program shall be administered by the Administration office. Immunization records shall be retained by the Personnel Coordinator. Employees who wish to receive the vaccine shall contact the Personnel Coordinator. / Signed01- Datelz4l fd City Administrator TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Interfund Transfers For 1993 DATE: February 9, 1994 Introduction Council approval of 1993 debt service transfers is requested. Background Council approval of routine debt service transfers for 1993 to provide for 1994 debt service payments is requested as listed below. From To MEBCO Cap. Proj . Fund 1989A GO TIF Debt Service $58,408.00 TIF Trust Fund 1988B GO TIF Debt Service 118,000.00 TIF Trust Fund 1989A GO TIF Debt Service 351,000.00 TIF Trust Fund 1992E GO TIF Debt Service 1,100.00 TIF Trust Fund 1993C GO TIF Debt Service 13,000.00 TIF Trust Fund 1986B GO TIF Debt Service 40,497.59 TIF Trust Fund 1986E GO TIF Debt Service 31,497.01 TIF Trust Fund 1986B GO TIF Debt Service 9,934.56 TIF Trust Fund 1986E GO TIF Debt Service 113,070.84 TIF Trust Fund 1987A GO TIF Debt Service 106,203.04 TIF Trust Fund 1987A GO TIF Debt Service 244,796.96 TIF Trust Fund 1986A GO TIF Ref Debt Ser 207,000.00 Action Requested Move to approve of the following interfund transfers for 1993; From To MEBCO Cap. Proj. Fund 1989A GO TIF Debt Service $58,408.00 TIF Trust Fund 1988B GO TIF Debt Service 118,000.00 TIF Trust Fund 1989A GO TIF Debt Service 351,000.00 TIF Trust Fund 1992B GO TIF Debt Service 1,100.00 TIF Trust Fund 1993C GO TIF Debt Service 13,000.00 TIF Trust Fund 1986B GO TIF Debt Service 40,497.59 TIF Trust Fund 1986B GO TIF Debt Service 31,497.01 TIF Trust Fund 1986B GO TIF Debt Service 9,934.56 TIF Trust Fund 1986B GO TIF Debt Service 113,070.84 TIF Trust Fund 1987A GO TIF Debt Service 106,203.04 TIF Trust Fund 1987A GO TIF Debt Service 244,796.96 TIF Trust Fund 1986A GO TIF Ref Debt Ser 207,000.00 1 3 E. Attached is a print out showing the division budget status as of 12/31/93 for 1993 and 2/10/94 for 1994 based on data entered as of 2/10/94 . Not included in the attached bill list but included in the total amount of bills shown on the agenda are the below listed subsistence reimbursements for employees. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt and therefore needs to be paid through payroll as taxable income. Robert Forberg $44 . 60 Included in the attached bill list is the below listed educational reimbursement for employees. Employee Class Cost Gerald Poole Perspectives $208 . 77 12/31/93 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR 8 COUNCIL 69,140 5,394 56,206 81 12 CITY ADMINISTRATOR 198,110 31,275 198,110 100 13 CITY CLERK 114,510 14,208 113,601 99 15 FINANCE 273,520 34,002 254,106 93 16 LEGAL COUNSEL 158,120 15,863 146,382 93 17 PLANNING 376,940 41,044 315,697 84 18 GENERAL GOVERNMENT BUILDINGS 119,426 31,053 130,142 109 31 POLICE 1,432,630 170,368 1,378,582 96 32 FIRE 255,820 22,559 241,751 95 33 INSPECTION-BLDG-PLMBG-HTG 165,804 22,159 152,554 92 41 ENGINEERING 342,720 44,018 291,616 85 42 STREET MAINTENANCE 688,710 75,512 575,431 84 44 SHOP 149,420 17,674 129,287 87 46 PARK MAINTENANCE 318,770 27,636 293,523 92 48 REFUSE COLLECTION 521,389 81,802 503,349 97 61 POOL 150,300 3,567 144,140 96 64 RECREATION 214,011 28,348 197,674 92 91 UNALLOCATED 1,142,645 628,809 1,132,905 99 TOTAL GENERAL FUND 6,691,985 1,295,291 6,255,056 93 17 PLANNING 360,860 46,238 325,413 90 TOTAL TRANSIT 360,860 46,238 325,413 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 02/10/94 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR 8 COUNCIL 69,140 230 3,044 4 12 CITY ADMINISTRATOR 185,140 10,855 24,500 13 13 CITY CLERK 116,490 6,172 11,487 10 15 FINANCE 278,020 5,273 20,927 8 16 LEGAL COUNSEL 151,000 4,990 13,267 9 17 PLANNING 405,840 7,510 21,679 5 18 GENERAL GOVERNMENT BUILDINGS 114,460 4,129 11,007 10 31 POLICE 1,332,050 43,409 166,670 13 32 FIRE 865,310 925 13,116 2 33 INSPECTION-BLDG-PLMBG-HTG 161,750 5,142 14,612 9 41 ENGINEERING 346,590 9,644 32,424 9 42 STREET MAINTENANCE 582,720 17,385 53,558 9 44 SHOP 103,120 4,652 12,953 13 46 PARK MAINTENANCE 289,940 5,589 18,633 6 48 REFUSE COLLECTION 513,550 38,502 38,502 7 61 POOL 150,300 797 7,495 5 64 RECREATION 200,010 6,466 20,519 10 91 UNALLOCATED 177,000 346 22,735 13 TOTAL GENERAL FUND 6,042,430 172,016 507,128 8 17 PLANNING 360,860 16,287 23,309 6 TOTAL TRANSIT 360,860 16,287 23,309 6 12 CITY ADMINISTRATOR 64,870 816 3,223 5 TOTAL HRA 64,870 816 3,223 5 00 N/A 689,000 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 689,000 0 0 0 = x x a aaa a a a a C F F F - F E-• H H H H H H H H i--, Z •Z C Z C O. tz) U H .D r-- c0 a, 0 0 N N N _ .7 .n C c"1 C-•1 C'1 .� ` .7 'D VD '.D '.D '.D '.0 > .--i H H 0 Li') at1 '.n 11 -n .n CO :n Z 0 0 0 0 0 0 .n 0 0 0 0 N- 0 a, 0 H 0 0 0 0 O 0 .7 0 0 0 0 N 0 .n 0 O 0 0 0 O O H O O O 0 --. 0 as 0 it 0 'D '.D N J1 0 0 0 N 0 0 0 0 0 0 N H .n co cn ( d N J -+ H c"1 E. c•1 c`9 c-1 C•1 f` N N N N N N N N Z 7 -.7 .7 c•-1 .7 Ni v 1 .7 J N 1 O . 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' W O --. x z sl C7 3 S.1 Z < > > > Z :z.. > U V: 1--1 [y C N N N < w :Z: >. >. c. c. z z z 4-4 X < 1-+ h-1 N < Cl) 1-1 Z .. . Z O Z a.1 Z r- _ N C-1 --1 y x z Z < < n. < c' as a. Z O U _ Cl) U —' < 0, a' < E- :!: E- U C ---4 .-1 ;i J: x U .� .T 611 .--1 In C'1 'D 0 0 0 W 0 .-1 .-i N N Cl C7 C•) 4^1 .* O .-1 ....-4 v .T .7 - n N. CO U ,_-i 0 Z 0 0 _ _ c 0 0 c o a z z z z z z z z z z z 0 v _ a. a. _ _ :i. i3 MEMO TO: Dennis R. Kraft, City Administrator FROM: John H. DeLacey, Engineering Tech III SUBJECT: Downtown Alley Project DATE: February 8, 1994 INTRODUCTION: At the request of the Community Development Commission (CDC) the Engineering Department is seeking Council direction on some design aesthetics for the Downtown Alley Project. BACKGROUND: The Engineering Department is currently designing the Downtown Alley Project. Due to the amount of pedestrian traffic in the two blocks between Sommerville and Holmes Street, the Engineering Department has been requested by the CDC to consider accenting the paved areas of the alleys (See attached map). Staff has looked into three possibilities for the alleys. 1. Install a paved brick walking path five feet wide with bituminous pavement on each side for a total width of twelve feet. Staff is uncomfortable with this option due to the high maintenance costs that would be involved. Also due to the freeze and thaw cycles there would be uneven movement between the two pavements and the bricks would probably be displaced during snow plowing operations. 2. Install a colored concrete walking path five feet wide with bituminous pavement on each side for a total width of twelve feet. Staff feels that this option is also undesirable due to the different pavements resulting in uneven movement. 3. Install colored concrete the entire pavement width of twelve feet. This would be the most desirable option from an engineering and maintenance standpoint. Having one uniform pavement would increase the life of the pavement while keeping the maintenance at a normal level. Staff has estimated the extra cost involved to install a colored concrete pavement section versus a standard bituminous pavement section. To install colored concrete would cost an additional $13,000.00 per alley block, for a total cost of$26,000.00. The coloring of the concrete accounts for $5,700.00 of the additional $13,000.00. The remaining costs are the difference in concrete pavement versus asphalt pavement. Staff is completing the construction documents for the Downtown Alleys. Council direction is being requested regarding the use of colored concrete in the two alleys 1 discussed. The City could in the bid documents list the use of colored concrete as an alternative. This would give Council an actual cost on which to base their decision. Another option would be to place concrete without coloring. Again, this could be in the bid documents as an alternative along with the colored concrete as an alternative. One last item for Council consideration in making their decision regarding the use of concrete in the two alleys is that concrete pavement has twice the life expectancy of bituminous pavement. Another item that staff is seeking direction on at this time is the installation of lighting in all of the alleys being reconstructed. Presently each of the alleys have a street light mounted on a power pole. With the undergrounding of the electric in the alleys, the City will need to install a light pole and fixture in each alley. In keeping with the streetscape theme, staff is proposing the use of a decorative pole and fixture. The pole would be a 35' tall pole similar in style to those used in the previous Downtown Streetscape Project. The difference would be in that the poles used in the alleys would constructed of "Corten" steel instead of concrete. "Corten" steel is the type of steel that has a rust finished look and never needs painting. The actual light fixture would be of the "shoe box" type similar to those already in the downtown streetscape. Staff is also proposing to replace the existing light poles and fixtures in the existing parking lots on Lewis Street and Fuller Street. An additional pole and fixture would be needed for the new parking lot being constructed this year at the old Pelham Hotel site on Second Avenue. The estimated cost of each pole and fixture is $2,800.00. Nine poles and fixtures would be needed for the Downtown Alleys and Parking Lots, for a total estimated cost of$25,200.00. Discussion is also needed on the funding for this work. Staff feels that if Council decides to install concrete in two of the alleys, the additional cost should be looked as a streetscape item and not be assessed. Staff views the lighting issue as a replacement item therefore, staff feels that these should not be assessed. The CDC's recommendation is based on input provided by the architect hired last year to complete block face diagrams illustrating potential facade improvements. When the First Avenue construction documents are presented to Council next month,additional design enhancements will be recommended by the CDC. This type of improvement is more suitable for discussion in conjunction with the street rehabilitation project. We have therefore not expounded on them at this time. ALTERNATIVES: A: Concrete Pavement 1. Direct staff to include in the bid documents for the Downtown Alley Project two alternate bid items, one for the installation of colored concrete pavement and one for non-colored concrete pavement utilizing funding other than assessments for payment of the additional cost. 2 2. Direct staff to include in the bid documents for the Downtown Alley Project two alternate bid items, one for the installation of colored concrete pavement and one for non-colored concrete pavement and assess (assessment portion to be determined) the benefitting properties the additional cost. 3. Pave the two alley blocks with the same bituminous section as the others. B: Light Poles and Fixtures 1. Direct staff to include in the bid documents replacement "Corten" steel light poles and fixtures for the Downtown Alley Project utilizing funding other than assessments to pay for the cost. 2. Direct staff to utilize wooden poles and existing light fixtures to replace those removed. 3. Do not replace lights removed. RECOMMENDATION: A: Concrete Pavement Staff recommends Alternative No. 1. B: Light Poles and Fixtures Staff recommends Alternative No. 1. Funding At the public hearing ordering this project, the City Council elected to only assess $70,280.00 out of the total estimated cost of$312,075.00. The City cost would be funded by T.I.F. and the Capital Improvement Fund. Staff would propose to fund these additional items in the same fashion. ACTION REQUESTED: Move to direct staff to include in the bid documents alternates for using colored concrete in the two alleys between Sommerville Street and Holmes Street and to utilize "Corten" steel light poles and fixtures for the Downtown Alley Project. 3 I 1 1 I I , I , I I i , i Atwood i o I y1 ikIL ' I CY\ t t t N'il `b b O MilMk. c, c..) t, tzl '-'3 IlikeRoW lir ' 1 o t1 Iiiii& = A a , \ -_- 3 t ‘iik kItti510,1' _. (7, a t cz 1, tJ ca, �IN ic-i- !...1 )'\ b, ee r i Z ria"� � y y IIghk S I: I � 2 lioNativh16. tl tEl V 1%4 IiiM lk k P m, IL, NNW zn b z g N.,* s . 4 t,,, CDix, I/ `_ _ .1• e ,,.., I kW 1 gr k 0 III Ir kl i r•! r k IL IL Spencer 4 l6L) � C ► � 2/15/94 UPDATE MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Tattoo License DATE: February 11, 1994 INTRODUCTION AND BACKGROUND: The City has received an application from Loretta Leaf to practice tattooing at 1st In Hair and Tanning/Body Art at 205 So. Lewis. Ms. Leaf would be employed by Linda Kurian of Body Art. Ms. Kurian received a license for tattooing from the City effective January 1st. The premises where the tattooing will be taking place was inspected by a sanitarian at that time. The Police Department has conducted the required background investigation on the applicant. No information was developed to indicate that the license should not be approved. (See attached) The insurance requirements have not been met as of this writing. It is anticipated that they will be in order by Tuesday's Council meeting. Assuming that the insurance requirements are in order, it would be appropriate for City Council to consider the • application of Ms. Leaf for approval. If the insurance requirements are not in order by the February 15th Council meeting, staff will ask that the application be deleted from the agenda. Insurance requirements have not been met. Consider approving with the condition that the insurance requirements be met. RECOMMENDED ACTION: Move to approve the application and grant a tattoo license to Loretta Leaf , 205 So. Lewis, upon compliance with the insurance requirements. c ;') MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tattoo License Insurance Requirements DATE: February 14 , 1994 INTRODUCTION: City Council is asked to consider amending the city code insurance requirements for a tattoo license. BACKGROUND: The City recently received a copy of the insurance policy for the licensed tattoo establishment known as Body Art, 205 So. Lewis. The certificate of insurance that was submitted when the license was approved appeared to be in order. Upon receipt and examination of the policy, however, staff became aware that the policy specifically excludes professional liability. Professional liability as well as public liability is a requirement of the city code. The licensee, Linda Kurian, has been able to find a surplus lines carrier who is licensed in the State of Minnesota who will write her professional liability coverage for her tattoo practice. The city code, however, requires that the insurance carrier be authorized to do business in Minnesota. A surplus lines insurance carrier is not held to the same requirements as a domestic company, and consequently the State can not assist in a dispute. (This policy, as well as any surplus lines policy I have seen, states, " . . . in case of insolvency, payment of claims is not guaranteed. ") A surplus lines policy must be marked so on the front of the policy. A surplus lines insurance carrier may not be utilized unless there is no domestic company that will write the coverage for an applicant. I have been in contact with the Minnesota Joint Underwriters Association (JUA) . This is an organization set up by state law to help people find insurance. I have been advised by JUA that there is no domestic insurance company that writes professional liability insurance for the practice of tattooing. From time to time liquor licensees have utilized surplus lines insurance carriers for their liquor liability insurance. The former city attorney was not happy with the surplus lines policies, but did accept them. In summary, Ms. Kurian is unable to obtain professional liability insurance for tattooing from a domestic company as required by the City Code. Ms. Kurian performs permanent cosmetology make-up as a service in addition to her cosmetology business. She is a licensed cosmetologist through the State of Minnesota, but this license does not cover the practice of tattooing. ALTERNATIVES: 1] Waive professional liability insurance for all tattooing. 2 ] Waive professional liability insurance when tattooing is done in conjunction with a cosmetology licensee. 3 ] Waive licensing for a cosmetology practice. 4 ] Accept insurance from a surplus lines carrier. RECOMMENDATION: Staff is unaware of any other municipalities requiring professional liability insurance for the practice of tattooing. The Minneapolis City Ordinance, which was the model for the Shakopee Ordinance, does not require professional liability insurance. If it is Council's desire to have professional insurance for this occupation, staff recommends alternative number four, accept insurance from a surplus lines carrier. RECOMMENDED ACTION: Direct the city attorney to prepare an ordinance amending the insurance requirements for a tattoo license to allow surplus lines carriers for professional liability. MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Tattoo License DATE: February 11, 1994 INTRODUCTION AND BACKGROUND: The City has received an application from Loretta Leaf to practice tattooing at 1st In Hair and Tanning/Body Art at 205 So. Lewis. Ms. Leaf would be employed by Linda Kurian of Body Art. Ms. Kurian received a license for tattooing from the City effective January 1st. The premises where the tattooing will be taking place was inspected by a sanitarian at that time. The Police Department has conducted the required background investigation on the applicant. No information was developed to indicate that the license should not be approved. (See attached) The insurance requirements have not been met as of this writing. It is anticipated that they will be in order by Tuesday's Council meeting. Assuming that the insurance requirements are in order, it would be appropriate for City Council to consider the application of Ms. Leaf for approval. If the insurance requirements are not in order by the February 15th Council meeting, staff will ask that the application be deleted from the agenda. RECOMMENDED ACTION: Move to approve the application and grant a tattoo license to Loretta Leaf, 205 So. Lewis. FEB-11-'94 FRI 09:38 ID:SI-EOPEE POLICE MN TFI NO:612-445-6430 tt940 P02 City of Shakopee � ' ��i� . '�� POLICE DEPARTMENT _ = 4 _ •,o iost► - I�i �► 1 1 7 j 476 South Gorman Simi r'y •� -..ili.,,NI SHAKOPEE, MINNESOTA 55379 4 OL jC TeL 612/445.6666 1 �' Ve Fax. 612/445.2313 OKOr% NA/ESC • �,2 a February 2/8/94 TO; JUDY COX, CITY CLERK FROM: TOM STEININGER, POLICE CHIEF SUBJECT: TATTOO LICENSE APPLICATION-LORETTA LEAF The background investigation was conducted into the background and information available on Loretta Ann Leaf. As a result of that background investigation, no information was developed to indicate that this license should not be appro ed. ?o Jew, CTo Pwtcct FEB-11-1994 09:40 SHAKOPEE POLICE ISI 95% P.02 COi1SENT ) 41(G Memo To: Dennis Kraft, City Administrator From: Mark McQuillan, Program Supervisor Re : Resolution of Appreciation Date: February 4, 1994 INTRODUCTION/BACKGROUND In 1993 , The Shakopee American Legion Post #2 participated in a joint venture with the City of Shakopee and the Shakopee VFW in the purchase of new playground equipment for Veterans Memorial Park. Recently, the American Legion presented staff a check for $5, 000 as their contribution to the project . In appreciation for their contribution, a Resolution of Appreciation to the Shakopee American Legion Post #2 would be appropriate . ACTION REQUESTED Offer Resolution no. 3955, a Resolution of Appreciation to the Shakopee American Legion Post #2 for their contribution of $5, 000 for new playground equipment at Veterans Memorial Park. RESOLUTION NO. 3955 A RESOLUTION OF APPRECIATION TO THE SHAKOPEE AMERICAN LEGION POST 2 WHEREAS, the Shakopee American Legion Post 2 is recognized for its participation in a joint venture with the City of Shakopee and Shakopee VFW in the purchase of new playground equipment for Veterans Memorial Park, and WHEREAS, the City of Shakopee received a check for the amount of $5, 000 from the Shakopee American Legion Post 2 to be deposited in the Park Reserve Fund for the purchase new playground equipment; and WHEREAS, the new playground equipment will be designed to meet necessary safety standards and accommodate all children of the community including those with disabilities . NOW, THEREFORE, BE IT RESOLVED, that the City of Shakopee, on behalf of its citizens of the community, does hereby extend its thanks and appreciation to the American Legion Post 2 for their donation to the community' s parks and recreation system. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of February, 1994 . Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1 - CO1\ SENT EXPLANATION TO ORDINANCE 372 ORIGINATING DEPARTMENT: Law Department PURPOSE: To move the appointment process for Board and Commission members back a month. REMARKS : On January 13 , 1994 , the City Council considered and approved a recommendation that the appointment process be pushed back a month so that new applicants take office the first day of March, and advertising be done in January after the holidays . This ordinance makes the requested change . ACTION REQUESTED: Offer Ordinance No. 372 , an ordinance amending City Code Chapter 2 , Administration and General Government, by repealing Sec . 2 . 50 , Boards and Commissions Generally Except the Shakopee Public Utilities Commission, and adopting one new section in lieu thereof, and move its adoption. Submitted by: City Attotney [lORD] ORDINANCE NO. 372 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 , ADMINISTRATION AND GENERAL GOVERNMENT;% BY REPEALING SEC. 2 . 50, BOARDS AND COMMISSIONS GENERALLY EXCEPT THE SHAKOPEE NULIEU THE�cUTILITIES RELATINGCOMMISSION, 'Z'HESAMEADOPTING SUBJECT�IE NEW SECTION I THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 2 , Administration and General Government, is hereby amended by repealing Sec . 2 . 50, Boards and Commissions Generally Except the Shakopee Public Utilities Commission, and adopting one new section in lieu thereof, which shall read as follows : "SEC. 2 .50 . BOARDS AND COMMISSIONS GENERALLY EXCEPT THE SHAKOPEE PUBLIC UTILITIES COMMISSION. All Board and Commission appointments authorized by the City Code or resolution shall be filled by appointment by the Council at the first regular meeting in February January of each year. The term of each appointee shall be established and stated at the time of appointment, and terms of present Board and Commission members may be re-established and changed so as to give effect to this Section. New appointees shall assume office onMarch of .:<.; ast;>:::::da::.;::»:; :::,gers3 January 31 being:::.:: February 1, �;:;:-;;;:::>.:::;�:.;.;�.: :::.�;;:.;:: �.:;::.:;.;:.;::..::.:... ..; :::.... expiration o terms . Provided; owever, that all appointees to Boards and Commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be effective immediately when made and only for the unexpired term. No appointed Board or Commission member shall be an employee of the City, but an ex officio member may be so employed. All appointed Board and Commission members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council before they were incurred. The Chair and Secretary shall be chosen from and by the Board or Commission membership annually to serve for one (1) year, provided that no Chair shall be elected who has not completed at least one year as a member of the Board or Commission. Any Board or Commission member may be removed by the Council for misfeasance, malfeasance or non-feasance in office and the position filled as any other vacancy. Each Board and Commission shall hold its regular meetings at a time established and approved by the Council . All members shall be residents of the City, except such as the Council deems more representative. The City Administrator shall be an ex officio member of all Boards and Commissions; provided, that if the City Administrator is unable to attend a meeting or act in the capacity of such membership, the City Administrator may be represented by the City Administrator' s Assistant or some person duly authorized by the City Administrator. Council members may be members of a Board or Commission, appointed for a term established by the Council at the time of the appointment, but not to extend beyond the end of the then current term being served by such member of the Council . Except as lhBrwise provided Commissions, exceptChapter, thethis ShakopeeoPublicll applylyto all Boards and Utilities Commission. All Boards and Commissions, except the Shakopee Public Utilities Commission, shall adopt Robert' s Rules of Order, as revised, and shall adopt such other and further rules for their own proceedings as they shall, from time to time, deem expedient . " Note : The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 2 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee Attest : City Clerk ✓� . City Attorney Approved as to form: .Age / Published in the Shakopee Valley News on the day of , 1994 . [1ORD] I lYc� CONSEJT MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Cler SUBJECT: Premises Permit - American egion DATE: February 9, 1994 INTRODUCTION AND BACKGROUND: City Council is asked to adopt the attached resolution approving a premises permit for the American Legion. City Council adopted a resolution on November 16, 1993 . The application packet from the American Legion was submitted to the State Gambling Control Board more than 60 days after the adoption of the resolution. (The American Legion was to quick to get the resolution adopted. ) The Board will not accept a resolution more than 60 days old. A new resolution of approval is needed. The American Legion meets the requirements of the Shakopee City Code. RECOMMENDED ACTION: Offer Resolution No. 3959, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the Shakopee American Legion Post #2 , and move its adoption. RESOLUTION NO. 3959 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PREMISES PERMIT FOR THE SHAKOPEE AMERICAN LEGION POST #2 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, Shakopee American Legion is seeking renewal of their Premises Permit beginning April 1, 1994 for their two sites in Shakopee . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Premises Permits for the American Legion Post #2 sites are hereby approved: American Legion, 1266 East 1st Avenue, and Rock Spring Restaurant, Inc . , 1561 East 1st Avenue, Shakopee, Minnesota. Adopted 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 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Prairie Bend P.U.D. Development DATE: February 8, 1994 INTRODUCTION: Attached is Resolution No. 3957, which declares the adequacy of a petition and orders a feasibility report for public improvements to Viking Steel Road, 4th Avenue to County Road 16 and also another unnamed road between 4th Avenue and County Road 16. BACKGROUND: Sienna Corporation and the estate of Lorraine Lenzmeier have submitted a preliminary development plan for the Prairie Bend Planned Unit Development to the Planning Commission for review and approval. This site is located between 4th Avenue and County Road 16 and approximately 1/2 mile east of Marschall Road (See attached site plan). The site is currently zoned R-4, multi-family residential and is located within the mandatory PUD area. The developer presented a preliminary concept plan for this project to the City Council in January prior to making formal application to the Planning Commission. At the February 3, 1994 Planning Commission meeting, one of the items of concern for the Planning Commission was the lack of adequate access to this site. As proposed, the site would initially have only 2 accesses off 4th Avenue, until the adjacent property south of this property is developed and the roads are extended to County Road 16. With only 2 accesses, the property could not develop fully due to the City's 500 feet maximum cul-de-sac length requirement. Because of this concern, the Planning Commission tabled this item. The property owner has now submitted a petition to the City, requesting that the City construct the public improvements from 4th Avenue to County Road 16. The petitioned improvements consist of street, curb and gutter, storm sewer, sanitary sewer and watermain for both Viking Steel Road and the unnamed street just west of Viking Steel Road. The petition includes any sewer and water on 4th Avenue necessary to construct these streets. The petitioners represent more than the minimum 35% of the abutting property owners required by State law to be a valid petition. The petition has been approved by the City Attorney. Because this is a petitioned project, a simple majority vote would be sufficient to order this project. Viking Steel Road north of 4th Avenue is currently on the Municipal State Aid System (MSA). Staff has contacted Mn/DOT to request that Viking Steel Road between 4th Avenue and County Road 16 be added to the MSA System. If approved, the City of Shakopee would be able to receive State Aid funds for this entire street, although the majority of the project costs would be assessed. Staff is requesting authorization to prepare a feasibility report on this project. Once a feasibility report has been completed, a public hearing will be scheduled to present the estimated project costs and proposed assessments. ALTERNATIVES: 1. Adopt Resolution 3957, which accepts the petition and orders a feasibility report. 2. Deny Resolution No. 3957. RECOMMENDATION: Staff recommends Alternative No. 1. In order to construct these two streets to promote development in this area of Shakopee, it would be advantageous for the City to be the lead entity. Since these streets pass through more than one property, the developer/property owners do not have the ability to construct these streets beyond the boundaries of their plat, whereas the City does due to State laws regarding assessments, condemnation for right-of-way, etc. The Planning Commission supports this request and attached is a letter from the chairman expressing this support. There is one further rationale for proceeding with this project. Because of Scott County's schedule for reconstructing County Road 16 in 1995, all future City street intersections need to be identified. The proposed development and petition will result in locating two needed street intersections in this area. ACTION REQUESTED: Offer Resolution No. 3957, A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Report for Improvements to Viking Steel Road, 4th Avenue to County Road 16; An Unnamed Street Just West of Viking Steel Road, 4th Avenue to County Road 16; and 4th Avenue, Between Shawnee Trail and Viking Steel Road and move its adoption. DEH/pmp MEM3957 FRONTAGE CALCULATIONS FOR LENZMEIER PROPERTY I. VIKING STEEL ROAD Abutting Properties Frontage KC Hall 460 Feet Lenzmeier 2140 Feet P.A.C.T. 2000 Feet Total 4600 Feet Lenzmeier Percent = 2140/4600 = 46% II. UNNAMED STRERT Abutting Properties Frontage Lenzmeier 3110 Feet Lindstrand 560 Feet P.A.C.T. 560 Feet Total 4230 Feet Lenzmeier Percent = 3110/4230 = 73% ,zsam SIENNA Suite 608.4940 Viking Drive•Minneapolis,Minnesota 55435.612-835-2808 CORPORATION February 4, 1994 David Hutton, P.E. City of Shakopee 129 S. Holmes Shakopee, MN 55379 RE: Petition for Improvements Dear Mr. Hutton: Enclosed please find the petition of Sienna Corporation and the Lenzmeier family for street and utility construction for the following streets, a major portion of which lie within the Prairie Bend proposed P.U.D. 1. Viking Steel Drive - 4th Avenue to County 16. 2. Minor Collector (unnamed) - 4th Avenue to County 16 (at Roundhouse Circle). We would appreciate if our request was presented to the Council at the earliest possible date and that a feasibility report and improvement hearing be held as soon thereafter as possible. Thank you for your assis • . e. Sincerely, V44--Johnston Project anager c-----JWJ/lv cc: Lindberg Ekola Planners • Developers • Contractors SHAKOPEE February 4, 1994 Shakopee City Council 129 East Holmes Street Shakopee, MN 55379 Dear City Council Member: At the February 3, 1994, meeting of the Planning Commission, the Commission reviewed the proposed Preliminary Development Plan for the Prairie Bend Planned Unit Development. During this meeting, the Planning Commission expressed their concern with the limited number of accesses available to this very large site. Streets within this development are limited to two access points from 4th Avenue. In order to develop this PUD as proposed, the applicant would require the approval of a variance to the portion of the City Code that limits the length of cul-de- sac streets to 500 feet within the urban service areas. The limited street access points, coupled with the 500 foot cul-de-sac street length limitation, severely hampers the amount of development which could occur without additional access points. After much discussion, the Commission continued the public hearing regarding this request until the access issues are resolved. One of the options presented to the applicant was to petition the City to construct Viking Steel Road from 4th Avenue to County Road 16. The Commission felt that this option would help alleviate the access limitations within the development. The Planning Commission expressed their support for this alternative, and approved a motion to write a letter to the City Council expressing their approval of the concept plan for this development, subject to the acquisition of additional access points. Sincerely, Terry Joos Chair of the Planning Commission TJ/tas COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 612-445-3650 • FAX 612-445-6718 I�; , 7;4.1 i b-'oa—e cyoo Il / r I 1 y .� 1 `ite I li /�� ,o;, ��{J1ll/••llll O ` H i• • i :''r:� '`7io i_.. _-•e I t L 1rs- og t,/ \ It . '2--'-' Ili!i-a-o-ot-ia...IS', s 111iJ.„. .- Isit t I I 1 [7 �9�2trill• .Ifl N i t 16,� aiaraii o aim�e 61 •,y 1 .. ,. . *.,.„1„../ t • is . — - 1. IRII2 I ` • C_.t v.y1 . c a_, oil - I__ i • .---2 T........__ _. .._. , nm.,.. ..11.._... . _.. 0 . s,.....rs........0...9.d.., • - -f\ ,-- 11.11-7-14111-.nr-1.1411794riFIVr k • i 1 : -...:-Ly, 1 . / ! ;.., / C i 1 4,.. , .. =mg 0011 N . .. 1 0.41 0:04. V#I . ..: 0 :t... ....;1;,7:: I , . . " '• 1 I 1 1 a . .10j i-'.-:ttt.!---- • --.r.,1-'• !!\ —7:- g : , \ , / t. -it %the " '--:::3';551--...,c`''';-rrrIrrl.:•.--,../17in,f---..1 er' F: 0 ��. �' ....• ......•. 0.a.'' 'i , i J1' O -; .�:yF %.' 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A i '-7' is ' - • ..../ .10 •6,......,:, , , , .. ...is....1._,,i, . . _....c„. . ,. . .. , . .1.._.,„..- rt lift .ta ;, t ,i_ -I 'gr./ - / I ,,fc i ' "'N ig, ,�©_ PO II J :�`i;Ll. , !r� ,rl I�11'�al .l'L'JiU" 2'��' 1 '�,%^/ 6Y�.+ A._s YSa I W re's �\ I. •�i i1 �: • ;� I•,' 1" ;t' ,�, L �= Date 2/4/94 We , the undersigned , owners of the following described real property , abutting on the proposed improvement and bencfiteed thereby , hereby petition the City Council of the City of Shakopee , for the following public improvements : Street surfacing, curb and gutter, storm sewer and sewer and water as necessary to complete the construction of both the proposed Valley Steel Drive collector and the Minor Collector street serving the Prairie Bend townhomes from 4th Avenue to County Road 16 (see attached plan) on Street/Avenue , between Street/Avenue and Steet/Avenue , and request that the same be made during the year 1994 • In making this petition the undersigned understands that the City of Shakopee , its agents or employee cannot guarantee the amount of an assessment until a feasibility study of the improve- ments has been prepared and accepted by City Council in accordance with MSA Chapter 429 . PETITIONER LOT BLOCK X413 ed v‘17 ..Cll oC--zay�4,�Lt��/ Proposed Prairie Bend P.U.D. Sienna orpo tion as purchaser of th Lena ier Estate By: �/�2/7 �24-4 Its: Vice `rsiderl- I , hereby, verify that I circulated the above petition and that the above signatures of the property owners and petitioners were affixed in my presence. RESOLUTION NO. 3957 A Resolution Declaring Adequacy of Petition And Ordering The Preparation Of A Report For Improvements To Viking Steel Road, 4th Avenue To County Road 16; An Unnamed Street Just West Of Viking Steel Road, 4th Avenue To County Road 16; And 4th Avenue, Between Shawnee Trail And Viking Steel Road BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of Viking Steel Road and an unnamed street just west of Viking Steel Road, both from 4th Avenue to County Road 16 by street construction, curb and gutter, storm sewer, sanitary sewer and watermain, including sanitary sewer and watermain on 4th Avenue between Shawnee Trail and Viking Steel Road filed with the Council on February 15, 1994, is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the City Engineer and the City Engineer is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 1`i.4 .... masa Suite 608.4940 Viking Drive•Minneapolis,Minnesota 55435.612-835-2808 CORPORATION February 9, 1994 The Honorable Mayor Gary Laurent and Members of the City Council City of Shakopee 129 S. Holmes Shakopee, MN 55379 RE: Petition for Street Extension - Lenzmeier and Lindstrand Properties Dear Mayor Laurent and Members of the Council: At the meeting of February 15th, you will be asked to consider our petition for street and utility improvements across the Prairie Bend (Lenzmeier) and Lindstrand properties and order a feasibility report. I am writing to ask your support for these improvements for the following reasons: 1. Both roadways are important links in the overall traffic flow of the City. The collector opposite Valley Steel Road is shown on the Comprehensive Transportation Plan. 2. Without these extensions or the City's granting of a temporary variance in cul-de-sac length for Prairie Bend, the Lenzmeier property becomes virtually undevelopable pursuant to discussions held at the February 3rd Planning Commission meeting. We believe the new plan of Prairie Bend to be an excellent addition to the City and we urge the Council to work with us on this solution to its access situation so that we may continue the development process.. Thank you for your consideration. I will be in attendance of the Council meeting should you have any questions. i Sincerely,, � . .. it. oirips W. Johfistncager JWJ/lv cc: David Hutton, City of Shakopee Lindberg Ekola, City of Shakopee Dennis Kraft, City of Shakopee Barry Stock, City of Shakopee Planners ■ Developers • Contractors fO SENT / yam MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: County Road 16 DATE: February 8, 1994 INTRODUCTION: Staff is requesting authorization to prepare a feasibility report for the installation of sanitary sewer and watermain on County Road 16, between County Road 17 and County Road 83. BACKGROUND: Scott County is proposing to reconstruct County Road 16 in 1995. They are in the process of selecting a consultant to design this project. The proposal is to reconstruct this highway as a 4-lane road. There is the need for the City of Shakopee to install sanitary sewer and watermain along this corridor. In addition, according to the County cost participation policy, the City of Shakopee is required to pay for portions of the curb and gutter, sidewalks and storm sewers on County projects. Staff feels that a feasibility report should be prepared to determine the extent of the improvements needed, estimated costs and proposed assessments. Upon completion of the project, a public hearing would be held to present the findings of this report to the City Council and public. In order to keep our project on schedule with the County project, it would be desirable to design this project in 1994 and construct in 1995, either in conjunction with the Scott County project or concurrent with their project. ALTERNATIVES: 1. Adopt Resolution No. 3956, ordering a feasibility report on this project. 2. Deny Resolution No. 3956. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3956, A Resolution Ordering the Preparation of a Report on an Improvement to County Road 16, Between County Road 17 and County Road 83 and move its adoption. RESOLUTION NO. 3956 A Resolution Ordering The Preparation Of A Report On An Improvement To County Road 16, Between County Road 17 And County Road 83 WHEREAS, it is proposed to improve County Road 16, between County Road 17 and County Road 83 by sanitary sewer and watermain improvements and the City's cost participation in the County project to reconstruct County Road 16, namely curb and gutter, sidewalks and storm sewer cost and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to the City Engineer for study and that the City Engineer is instructed to report to the council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 11/el MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer i SUBJECT: Vierling Drive Feasibility Report DATE: February 9, 1994 INTRODUCTION: Attached is Resolution No. 3958, a resolution receiving a report and calling for a public hearing for improvements to Vierling Drive from County Road 15 to Polk Street. BACKGROUND: On December 21, 1994 the City Council of Shakopee ordered the preparation of a feasibility report for the construction of Vierling Drive from County Road 15 to Polk Street. This project is scheduled for construction in 1994 in the State Aid Capital Improvement Plan. The feasibility has been completed and is attached for City Council review. The report recommends constructing Vierling Drive to State Aid Standards along Alternate Alignment #3. It should be noted that this project was not petitioned for by the adjacent property owners and will require a 4/5 vote to order improvements. Staff will be available at the February 15th Council meeting to make a brief presentation on the project and the alignment options. Staff is requesting that the City Council select an alignment for Vierling Drive at the February 15th meeting so the assessment roll can be made and legal notice given to property owners prior to the public hearing. ALTERNATIVES: 1. Adopt resolution No. 3958. 2. Deny Resolution No. 3958. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3958. ACTION REQUESTED: 1. Offer Resolution No. 3958, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Vierling Drive, from County Road 15 to Polk Street, Project No. 1994-7 and move its adoption. 2. Select an alignment for Vierling Drive and direct staff to prepare an assessment roll for that alignment. RESOLUTION NO. 3958 A Resolution Receiving A Report And Calling A Hearing On An Improvement To Vierling Drive, From County Road 15 to Polk Street Project No. 1994-7 WHEREAS,pursuant to Resolution No. 3928 of the City Council adopted on December 21, 1993, a report has been prepared by the City Engineer, with reference to the improvements by street construction of Vierling Drive, from County Road 15 to Polk Street, and this report was received by the Council on February 15, 1994. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF IRE CITY OF SHAKOPEE, MINNESOTA: 1. The Council will consider the improvement of Vierling Drive, from County Road 15 to Polk Street by street construction in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $546,650.00. 2. A public hearing shall be held on such proposed improvements on the 8th day of March, 1994, at 7:30 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1994-7 Public Improvement Program. 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 I FEASIBILITY REPORT FOR VIERLING DRIVE FROM COUNTY ROAD 15 TO POLK STREET 1 1 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly R• tered Professional Engineer under the laws of the State of Minnesota. M - Air /�-- Date Yrrr Registration No. 19133. Project Team Ray Ruuska r_ Jeff Swenson Dave Nummer FEBRUARY 1994 TABLE OF CONTENTS DESCRIPTION PAGE NO. Introduction 1 Scope 1 Background 1 Proposed Improvements 2 Alignment Alternatives 2 - 4 Proposed Alignment to T.H. 169 4 and Shakopee Town Square Mall Cost Estimate 4 - 5 Special Assessments 5 - 6 -- Summary and Conclusions 6 INTRODUCTION By Resolution No. 3928, the City Council of Shakopee ordered the preparation of a feasibility report for extending Vierling Drive from Adams Street (County Road 15) to the existing Vierling Drive at Harrison Street. This segment is scheduled for 1994 construction in the State Aid Capital Improvement Program. SCOPE This report evaluates the feasibility of extending Vierling Drive from County Road (C.R.) 15 to Harrison Street. In addition, this report investigates upgrading the existing Vierling Drive from Harrison Street to Polk Street to a four lane, collector street status, as well as proposing alternate alignments for Vierling Drive. This report makes recommendations on alignment and -- recommended improvements, as well as providing cost estimates and funding sources for each alignment alternative. BACKGROUND Vierling Drive is planned to be an important east-west collector street on the north side of the Trunk Highway (T.H.) 101 Bypass. Existing segments of Vierling Drive in Shakopee consist of _ a four lane roadway with 80 feet of right of way and 50 foot wide pavement. This collector street is intended to provide local access to T.H. 169 and the Shakopee Town Square Mall from the eastern part of the City without having to utilize the bypass. The intent is to separate local trips and through trips on the bypass, thus reducing congestion. Because of it's collector street status, direct driveway accesses to Vierling Drive have been prohibited. The existing Vierling Drive between Harrison Street and Polk Street is constructed as a two lane local street, 36 feet wide. There are a substantial number of driveways on this segment of existing Vierling Drive. The dedicated right of way is 80 feet wide, which is wide enough to accommodate a collector street. The right of way west of Polk Street narrows to 50 feet wide, with a 28 foot wide pavement. The existing pavement on Vierling Drive is in fairly good condition and runs from just west of Polk Street to just east of Harrison Street. Right of way for Vierling Drive from Harrison Street to C.R. 15 has been dedicated with the Minnesota Valley Eighth and South Parkview First Additions. These plats consist of outlots fronting the Vierling Drive right of way, but they are planned to be replatted into lots and developed in the summer of 1994. 1 PROPOSED IMPROVEMENTS A. STREETS Vierling Drive is proposed to be constructed as a four lane collector street. Vierling — Drive is designated on the Municipal State Aid System, and if constructed with State Aid funds must be designed to State Standards. This report recommends an 80 foot wide right of way with 50 foot wide pavement and an urban section (with curb and gutter), and boulevard trees and sidewalks to match earlier Vierling Drive projects. B. STORM SEWER This area is served by the Upper Valley Drainage Project. All storm runoff will be directed to the drainage channel with storm sewer. C. SANITARY SEWER AND WATER UTILITIES — Utility extensions must be made prior to this street construction and coordinated in order to provide utility and street access to developing South Parkview and Minnesota Valley Eighth Additions. ALIGNMENT ALTERNATIVES _ Because of the location of existing driveways and due to the collector street status of Vierling Drive, this report has developed three alternatives for realigning Vierling Drive to preserve the collector street design. Each will be discussed separately below. ALTERNATIVE NO. 1: No change in alignment. Construct Vierling Drive from C.R. 15 — to Polk Street on it's existing alignment (See map in Appendix). With this alternative, Vierling Drive would be constructed as a four lane collector street from — C.R. 15 to Harrison Street. In order to qualify for State Aid funding, the existing Vierling Drive from Harrison Street to the west of Polk Street would have to be upgraded to a four lane collector street to match the new portion being constructed from C.R. 15 to Harrison Street, and — extend to a state highway, county road, or municipal state aid roadway. 2 The existing right of way to the west of Polk Street is 50 feet wide, which prohibits extending a collector street through to meet State Aid criteria without first obtaining additional right of way. This segment would require obtaining additional right of way in an area where the single family houses and townhomes are very close to the roadway. Taking additional right of way would take these residences out of compliance with current setback requirements. Placing a collector street through an already established area would also tend to disrupt the existing neighborhoods. The existing Vierling Drive between Harrison Street and Polk Street is utilized by many residences for driveway access. Upgrading Vierling Drive to a collector would be contrary to current City policy not to allow driveway access directly onto a collector street and would also disrupt an existing neighborhood. ALTERNATIVE NO. 2: Constructing Vierling Drive from C.R. 15 to Polk Street, by -" realigning Vierling Drive to the south of the existing Vierling Drive (See map in Appendix). With this alternative, Vierling Drive would be constructed as a four lane collector street from C.R. 15 to Presidential Lane along the current alignment, then curve south and run behind the _ existing homes on the south side of Vierling Drive. This alignment avoids many of the problems associated with Alternative No. 1, such as right of way width and driveway access. _ This plan however creates double fronting lots between the existing Vierling Drive and the new roadway alignment. In order to reduce the impacts of this situation, a 100 foot wide right of way is proposed with berming and other landscaping features constructed between the double fronting lots and the new roadway. The purpose of the berming and landscaping is to reduce noise and provide screening to the adjacent lots thereby reducing the effects on the double fronting lots. With this alternative, Vierling Drive is extended to Polk street which is the nearest through street to the south of the existing Vierling Drive. This alternative would require a minor replatting of some streets within the adjacent proposed plats. ALTERNATIVE NO. 3: Constructing Vierling Drive from C.R. 15 to Polk Street by realigning Vierling Drive further to the south, allowing development between the new roadway and existing Vierling Drive ( See map in Appendix). This alternative calls for constructing Vierling Drive as a four lane collector street along the current alignment from C.R. 15 to Presidential Lane, then on a more curvilinear alignment to the south. This alternative differs from Alternative No. 2 in that adequate land area will be left for 3 _ development between the new roadway and the existing Vierling Drive. This development could occur in a manner more consistent with City policy. There would be no driveway access directly onto the collector street and the double fronting lots created in Alternative No. 2 could be ._ avoided. With this alternative, Vierling Drive would also be extended to Polk Street. This alternative would require minor replatting of some streets within the adjacent proposed plats. PROPOSED ALIGNMENT TO TRUNK HIGHWAY 169 AND SHAKOPEE TOWN SQUARE MALL If Vierling Drive is constructed with State Aid funds, it must start and end at a state highway, county road, or municipal state aid road. The east end of this segment begins at C.R. 15, and the west end must intersect either T.H. 169 or T.H. 300 as these are the only roadways which meet the State Aid requirements in the area of the mall. Two possible endpoints for Vierling Drive have been identified(See map in Appendix). The first is to have Vierling Drive intersecting T.H. 169 where the current frontage road around the mall intersects the highway. The second alternative is to have Vierling Drive curve around the front of the mall and intersect with T.H. 300. While the alignment of Vierling Drive west of Polk Street is not the focus of this feasibility, it has a bearing on any realigning of Vierling Drive from C.R. 15 to Polk Street. The issue of constructing Vierling Drive from Polk Street to T.H. 169 and the mall, including cost estimates and assessment areas will be the subject of a future feasibility report and are not addressed in this report. As long as the entire length of Vierling Drive from C.R. 15 to T.H. 169 is placed on the Municipal State Aid system, the segment from Polk Street to TH 169 does not need to be constructed at this time to comply with the rules. ESTIMATED ALTERNATIVE ALIGNMENT COSTS Alternative No. 1 Due to the problems with constructing Vierling Drive along this alignment to State Aid standards, the estimated costs were not assembled. Although the actual construction costs for this alternative would be slightly higher than Alternative No.'s 2 and 3 due to the pavement removal costs of the existing street. 4 Alternative No. 2 Estimated Roadway Construction Costs = $488,400.00 Estimated Right of Way Costs = $50,000.00 Total Cost Estimate = $538.400.00 Alternative 3 Estimated Roadway Construction Costs = $496,650.00 Estimated Right of Way Costs = $50,000.00 Total Cost Estimate = $546,650.00 The cost estimates for Alternative No.'s 2 and 3 are based on roadway construction costs of $120.00 per lineal foot. The right of way acquisition, property appraisal and other associated costs were estimated at $50,000.00. This method was used since the exact geometric alignment of each alternative will not be determined until the design phase, so detailed, itemized cost estimates cannot be prepared at this time. SPECIAL ASSESSMENTS/FUNDING SOURCES The City of Shakopee Special Assessment Policy allows for assessing new street construction 100%. Since Vierling Drive is proposed as a 50 wide collector, the assessments would be based on a standard 36 foot wide street, with the oversizing costs being funded by the City. Any right of way acquisition costs will be assessed to the property owner from which the right of way was acquired on a front foot basis. Based on this policy, the estimated total assessments for Alternative No.'s 2 and 3 are as follows: Alternative No. 2 -" Total Amount Assessed = $387,648.00 Estimated Front Foot Assessment = $65.48 Alternative No. 3 Total Amount Assessed = $393,588.00 Estimated Front Foot Assessments = $65.38 Because an exact alignment has not been determined, a specific assessment roll has not been prepared listing individual properties. 5 Vierling Drive is designated as a State Aid route on the Municipal State Aid System. As such it is eligible for reimbursement of 100% of street construction costs. This funding policy is consistent with that used to fund earlier Vierling Drive-sections. RECOMMENDATION This report recommends constructing Vierling Drive along Alternative Alignment No. 3. Furthermore, the project should be funded with State Aid funds and special assessments levied equal to the costs for constructing local streets, as was done on existing sections of Vierling Drive. CONCLUSION This report finds that constructing Vierling Drive from C.R. 15 to Polk Street along Alternative Alignment No. 3 is feasible and desirable. 6 APPENDIX PAGE NO. 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' - •,•---;-`,'-•",=.-„ ,h- _,-- -"e•-x 4.-c -- ,:-„.T.,,,..,.. ,-.---, --•-,i:_,••,,,:.,-,,•:: -... •:.,s.:•77.4--,:,-- /y MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 11th Avenue Storm Sewer Laterals DATE: February 9, 1994 INTRODUCTION: Attached is Resolution No. 3946, a resolution receiving a report and ordering the preparation of plans and specifications for storm sewer laterals on 11th Avenue. BACKGROUND: On December 7, 1993 the City Council of Shakopee ordered the preparation of a feasibility report for constructing storm sewer on 11th Avenue from Polk Street to County Road 15. The feasibility report has been completed and is attached for City Council review. The feasibility report recommends constructing the storm sewer and patching/overlaying 11th Avenue. Staff will go through the results of the feasibility report at the February 15, 1994 Council meeting. The feasibility report indicates that this project would be funded 100% by the Pavement Preservation Fund and the Storm Drainage Utility Fund. Regarding the Storm Drainage Utility Fund, if the special benefit charge is added to the utility bills for the drainage area benefitted by the improvements, a public hearing is required prior to ordering the improvements. If no special benefit charge is implemented a public hearing is not required. Staff is seeking City Council direction on whether or not a special benefit charge should be implemented on this project. In order to discuss this issue, a review of the history and policies that went into adopting a Storm Drainage Utility is necessary. Storm Drainage Utility In June, 1985 the City Council of Shakopee adopted a Storm Drainage Utility as allowed by Minnesota Statutes 444. A Storm Drainage Utility was felt to be a fairer method of funding storm sewer improvements rather than special assessments due to the difficulty in proving benefit for all properties in the drainage basin. In short, properties at the bottom of the hill get all the water and most of the improvements even though properties at the top of the hill contribute to the runoff. When the utility was set up in 1985, nine projects were identified for improvements (shown on Exhibit A). These projects were to be funded out of a combination of the general utility fee, special benefit fees and T.I.F. The funding breakdown was different for each project, but • basically the general, City wide utility fee was to pay for 50% of the project costs, while T.I.F. and special benefit paid the other 50%. Some projects called for a 25% special benefit, others a 50% special benefit and other no special benefit charge. Based on the funding strategies and the estimated costs for the City projects, the City wide storm sewer utility charge was established at $3.44 per quarter for single family/duplex users. This is billed out annually at a total charge of $13.76. This fee has not changed since the utility was established 10 years ago. The Storm Drainage Utility Policy allows for a special benefit charge to be implemented in the drainage basin where the improvements were made. But as part of the cost of calculating the special benefit charge, credits must be given for any past assessments for any trunk facilities installed in the drainage basin. The original formula set up for the 9 projects indicates that no special benefit charge would be levied for the West Side Laterals Project. In researching this policy, staff concludes that the previous City Council determined that the credit that should be given for the West Side Trunk Sewer installed in the early 1980's would be approximately equal to the special benefit charge estimated, hence they would cancel each other out and resulted in no proposed special benefit charge. According to the City records, there has only been one project whereby a special benefit charge was levied since the utility was formed in 1985. That project was the Holmes Street Laterals Project. The special benefit calculated for that project was $6.89 per quarter for single family users, bringing the total utility bill to this drainage basin to $10.33 per quarter or $41.32 per year. The calculations for this special benefit also gave a credit to the billing for the Holmes Street Trunk Sewer constructed in 1980. That credit given was approximately $3.84 per quarter. Based on this history and the research into the creation of the Storm Drainage Utility, staff concludes that a special benefit charge should not be issued on this project. If Council concurs, a public hearing is not required and the plans and specifications can be ordered by adopting Resolution No. 3946. As part of the design process, the Engineering Department is proposing to hold a neighborhood meeting to introduce the project and solicit input. Staff further believes that it is time to review the Storm Drainage Utility Policy for the following issues: 1. Should the general City wide fee of$3.44 per quarter be increased? There has been no increase in 10 years and it appears that this fee is substantially lower than similar fees in other Cities. 2. Should the special benefit charge continue to be utilized? Again, it appears that most Cities do no use a special benefit charge due to the fact that public hearings are required which often times involves substantial areas of land and many property owners (i.e. Upper Valley Project - 8,000 acres in drainage basin). By establishing the City wide fee adequate enough to cover all storm drainage improvements, individual special benefit charges to specific drainage basins are not necessary. Staff would propose to review the overall policy and bring back options and recommendations to the Council at a later date. This issue should not affect the 11th Avenue Project. ALTERNATIVES: 1. Adopt Resolution No. 3946, ordering plans and specifications. 2. Deny Resolution No. 3946. 3. Direct staff to schedule a public hearing to consider a special benefit charge for this project. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3946. Staff also recommends directing staff to review the Storm Drainage Policy and fee schedule in its entirety. ACTION REQUESTED: 1. Offer Resolution No. 3946, A Resolution Receiving a Report and Ordering Plans and Specifications for 11th Avenue Storm Sewer Laterals, Project No. 1994-6 and move its adoption. 2. Move to direct staff to review the Storm Drainage Policy and current fee schedules and to bring back to City Council any recommended changes. DE/pmp MEM3946 . ti El - 1 I % moi. c�`r' L.. . . . - [2 / • L t-----f--. „----- 4,-___. sc.-,.- J3 • . ...._ • , . _. ,— ...,.... 'i r .,--.... i ... • ._ . ....1 • . •. ... ; ., ....... • . , 1 .., .. . ...... •.. •• . , , .. • ..../ •„., .,...., • , . • ..„ .; ., • C') j• 'fi �: II i- co J J G • -� / < < Z r r r W h- r- < < } < 1 t n J v C ` ti3c; ./ i J J J LU = O Z; . .1. lx 4, ?. .. .. _ -, Q F- F- J < Z !n r _' �. ' F- u Cr) U) < < < n ei .Y-•S: is � O J \• C) _`f - — Q G CO J C C < J 111,,_ >- 1 z 1 'J O < C W < /' U ... `•j - - C �_-Z 2 O 0 > 0 Lr • w Lr +_ O N Cl fn W 0000 Lt. . :We 1111" 77x --- ObNO O O O O OOV - ti-r" t/• iU .q0 0) ( " •pi 7 O N to N N — N CO CD C T' U A i i O 64 69 E9 69 69 69 69 69. 64 I ..,1 �-- rr • _ 'L — N c) c I.0 0 ti 0 0 • ..°Jf ii Z_ - ii _ EXE-6iBIT A RESOLUTION NO. 3946 A Resolution Receiving A Report Ordering An Improvement And Preparation Of Plans And Specifications For 11th Avenue Storm Sewer Laterals Project No. 1994-6 WHEREAS, pursuant to Resolution No. 3911 of the City Council adopted December 7, 1993, a feasibility report has been prepared by David E. Hutton, Public Works Director, with reference to the improvement of 11th Avenue by storm sewer laterals and this report was received by the Council on February 15, 1994. WHEREAS,the Council has considered the improvements of said 11th Avenue by storm sewer laterals. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such improvements are hereby ordered as proposed in the report dated January, 1994. 2. David E. Hutton, Public Works Director is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1994-6 Public Improvement Program. } Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of ,_19_ Mayor of the City of Shakopee ATTEST: City Clerk j Approved as to form: City Attorney i - FEASIBILITY REPORT FOR 11TH AVENUE STORM SEWER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of 1' the State of Minnesota. Date //2 /r Registration No. 19133. JANUARY 1994 TABLE OF CONTENTS DESCRIPTION PAGE NO. Introduction I Scope 1 Background I Proposed Improvements 2 Cost Estimate 3 Special Assessments 3 Summary and Conclusions 4 INTRODUCTION — The City Council of Shakopee ordered the preparation of a feasibility report for storm sewer laterals on Eleventh Avenue from Tyler Street to Adams Street (C.R. 15). SCOPE This report evaluates the feasibility of installing storm sewer laterals and catch basins on Eleventh Avenue. The storm sewer construction will require removing and replacing a large portion of the existing pavement on Eleventh Avenue. Options for replacement of the roadway were considered and recommendations made. This report addresses existing drainage conditions,makes recommendations on proposed improvements and funding sources and provides cost estimates. BACKGROUND In 1975 a feasibility report was prepared by Suburban Engineering for providing drainage facilities for the west side of Shakopee. This study recommended a storm sewer trunk line from Eleventh Avenue north to the Minnesota River(See map in Appendix). The study also identified several lateral systems including a lateral on Eleventh ed in 1976, but the lateral on Eleventh Avenue was notbuilt Street. The trunk line was construct due to budget constraints. In 1978 the City Engineer recommended constructing the Eleventh Avenue storm sewer lateral system. The cost of the project and estimated assessments prohibited construction. There was no Storm Drainage Utility Fund in 1978 as a source of revenue. Since 1978, the area south of Tenth Avenue has experienced drainage problems. The existing system consists of overland drainage of stormwater in gutters to the storm sewer on Tenth Avenue. In some cases stormwater has to travel 2000 feet to reach a storm sewer inlet. During heavy storms, the storm sewer on Tenth Avenue surcharges and the streets to the south flood making driving conditions hazardous. Ice build up is a result of the lack of storm sewer inlets during spring thaw on Eleventh Avenue. The existing roadway on Eleventh Avenue was constructed in 1973-1974 and is in fair condition. Some problem areas exist in the intersections and at the concrete cross pans. These areas will — be replaced as part of the storm sewer construction. 1 PROPOSED IMPROVEMENTS A. STORM SEWER Storm Sewer is proposed for Eleventh Avenue from Tyler Street to Jefferson Street which will drain to the trunk storm sewer west of Tyler Street. Drainage on Eleventh Avenue East of Jefferson Street can be more efficiently routed to Adams Street (C.R. 15). Construction of the storm sewer from Quincy Street to Adams Street should be coordinated with the reconstruction of C.R. 15 scheduled for 1994 by Scott County. The catch basins will be positioned so as to intercept stormwater from the side streets between Eefer to theleventh enue n mapinthe elfth Avenue, and Appendix for the _ stormwater draining on Eleventh Avenue. Please proposed storm sewers. B. STREET CONSTRUCTION % of e sting The installation of the storm sewer will require Tmo`ong tionspfor1mately pavementOreplacementlwere pavement, which will then have to be replaced. options _ considered. The first option considered was to remove only what was needed for the mainline trench and intersections. With this option, 12 feet of the pavement would be removed adjacent to the curb on the south side of the road to accommodate the storm sewer construction and all intersections would be reshaped to accommodate new drainage patterns. After the sewer was constructed, the south side of the road would be patched, then the entire street would be overlayed. Overlay projects in this area have met with considerable success. Overlaying a street typically increases the life of the pavement by 10 to 12 years. The total cost of this option is $112,244.00. Since this option involves overlaying the street, it would not be assessable because overlays are considered a maintenance option. The second option was to remove all the pavement and reconstruct the street. This option would include replacing the existing curb and gutter as part of the reconstruction costs. The typical life of a reconstructed street is 20 to 25 years. The total cost of this option is $185,438.69. With 25% of the costs assessable, the City costs would be $139,079.02, which is higher than the estimated overlay costs. The reconstruction option would cost $73,194.69 more than the patching and overlay option. A survey of the age and condition of the surrounding streets suggests that they might need to be reconstructed in the next five to seven years. This being the case, it is felt that the patching and overlay option would be more appropriate than reconstruction at this time. 2 COST ESTIMATE A detailed cost estimate may be found in the Appendix. A summary of the estimated costs is as follows and these costs include a 10%contingency and 25%Engineering and Administration fees. Storm Sewer $141.697.88 Street Repair & Overlay $112.244.00 TOTAL PROJECT COST $253,941.88 FUNDING/SPECIAL ASSESSMENTS — The current Special Assessment Policy City New 1 laterals arefunded100% Shakopee does allow Storm assessments for the construction of new storm sewer laterals. Drainage Fund. The 1994 Storm Drainage Fund has $400,000 budgeted for storm sewer construction on 11th Avenue. The roadway patching is a result of the storm sewer installation and is 100% funded by the Storm Drainage Fund. The street overlay is not assessable and would be funded 100% by the Pavement Preservation Fund and Storm Drainage Fund. The Pavement Preservation Budget is $80,000. As this project is not assessable, no assessment roll or calculations have been included in this report. CONCLUSION This report finds that the construction of storm sewer laterals on Eleventh Avenue from Tyler Street to Adams Street is both desireable and feasible. Furthermore,this report finds the patching and overlaying of the roadway as a result of the storm sewer construction to be the most cost effective method of replacing the roadway. 3 APPENDIX PAGE NO. Proposed Storm Sewer Map 1 _ 2 Proposed Trunk and Lateral System (from 1975 Feasibility) Storm Sewer Cost Estimate 3 Patching and Overlay Cost Estimate 4 Street Reconstruction Cost Estimate 5 Q w I ( LJ POOPOSED FUTUGE ZTOOEil ZENIEG2 11 / SI 'ON Cu ,—. ~ i— Q ._ N c.11111111111111111111 '-i. ^ __ , . V M N --t.i„` �' 1S ` 1 1 Ln 1 a L]c NOSei3±J3I- (1-1n 1 w ' 1J •r, r. `� U w co .4- r, M .S o �_. Cu )1 _ n % _ — NOSIGVk _ n Lu 771, `D N 1S Q N 72 r 1 ON, McNcw N — ., - in I ' ll c- , 4 �. , ., M l -L-- ,is O► •d 1�l//!� Cu � U7 Cr' (7,-.) �l 11 Cu0 (0 - CU o - Cu v r + /� _ M co 0 1S C N % N 00 CC) CO 31SN M Co Cu Qm r, N .. 0 co 1S CJ H ' Cu CO D l I co 1 1 � .�S W _ nI I l eek ' l / L-) N ENOSTEM StORM SEWER V) \. , _ P � 1 / / i i H tI I I / I L — 1 • `•` • . . . . . •�, PROPOSED TRUNK AND LATERAL SYSTEM • — ` � ' '-\. • • !, ; • . • •• . x \ .'. ( 1975 FEASIBILITY REPORT) \_ .., �`'� � . � . , .x.7 t 4'...,45,j)-••• ' J ‘1115 • ... pi • •..... •41-.) 4-As . `., • • • • • • �� .{{•,••�.• . .• • ��' S. �1: yr rw. • -sem �✓ �_�_•w_i— "'•�Y-•. •.. yI •• •`;1. r•-•• -----•.• .--'.•+r.y4 !.. ‘\` `\ __—_"__ le • 1 I 41111118.A110. 4,4-....,-4 ...., $.9.4 Y. ... . . . .....„.....••_•,..,... ..... ...sir, . . .. . _. ••••..N I . __ „ _„...._,........,...... • 4._•._.. 1 , . : ..r ....,...E..i...,... .4•• • •. 1 a 4 i . N. i•• • •• - :•.4. :..J:4 l'..ds-. .... .. .w . . .• t • . ,•:r.... ,. :.. Sw ` -.I •�fL... .: SRL 1� ::L. + •�. t .�..._ • .. err ••�'� f • i. t: :• ::: ::� mt . _ .J: • :::r '� :f . .. . . :::rr-... �tl •• AL i b.'. • ••'.....:.•.!••••1 1 .: • • •••r.•• • •I•.!. iri :,.... ' 4.. —.II:. :: • • . ; .• 1• Milk#\riciit..,.• ......1... ••••pt._ . flift -... ••• • _..i..._ ____......4.___H-:– • •• . _...t .. • ' v • i + f v. � ' =• v. • r: 1• ' til Iiii --• •;t • is c _ .. • 1'• -• ••I.'' •.. .: 1:• •• . 1,•t•• :•' ..;.. •.. • .oma • • . I � : '• _.. i : PRELIMINARY COST ESTIMATE - 11TH AVENUE STORM SEWER ITEM CONTRACT UNIT — NO. ITEM UNIT QUANTITY PRICE TOTALS — STORM SEWER — 1 12" RCP L.F. 700 $16.00 $11,200.00 2 15" RCP L.F. 106 $18.00 $1,908.00 3 18" RCP L.F. 380 $23.00 $8,740.00 — 4 21" RCP L.F. 325 $25.00 $8,125.00 5 24" RCP L.F. 350 $28.00 $9,800.00 6 27" RCP L.F. 670 $32.00 $21,440.00 7 30" RCP L.F. 390 $36.00 $14,040.00 8 Catch Basin EA. 14 $750.00 $10,500.00 9 Catch Basin/Manhole EA. 7 $900.00 $6,300.00 — 10 48" Manhole EA. 10 $1,100.00 $11,000.00 Estimated Storm Sewer Cost $103,053.00 — Plus 10% Contingency $10,305.30 Subtotal $113,358.30 Plus 25% Engr./Admin. $28,339.58 — TOTAL EST. STORM SEWER COSTS $141,697.88 3 PRELIMINARY COST ESTIMATE 11TH AVENUE STREET PATCHING & OVERLAY ITEM CONTRACT UNIT L NO. ITEM UNIT QUANTITY PRICE TOTALS - STREET — 1 Bituminous Removal S.Y. 6763 S1.00 $6,763.00 2 Remove Curb & Gutter L.F. 870 $1.00 S870.00 3 Remove Concrete Cross Pan S.F. 960 S1.00 S960.00 — 4 Saw Cut Bituminous L.F. 2864 $2.00 $5,728.00 5 Class V S.Y. 6763 $2.00 $13,526.00 6 31 Base Patching (2") S.Y. 6763 $2.50 $16,907.50 7 41 Wear Overlay (1 1/2") S.Y. 13260 $2.00 $26,520.00 8 Mill Bituminous S.Y. 1560 $1.00 $1,560.00 9 B-618 Curb & Gutter L.F. 870 $9.00 $7,830.00 10 Sod S.Y. 387 $2.50 S967.50 Estimated Roadway Cost $81,632.00 Plus 10% Contingency S8,163.20 Subtotal $89,795.20 — Plus 25% Engr./Admin. $22,448.80 TOTAL EST. ROADWAY COSTS $112,244.00 4 PRELIMINARY COST ESTIMATE 11TH AVENUE STREET RECONSTRUCTION ITEM CONTRACT I1 UNIT — NO. ITEM UNIT QUANTITY PRICE TOTALS STREET 1 Bituminous Removal S.Y. 13260 $1.00 S13,260.00 2 Remove Curb & Gutter L.F. 4832 $1.00 $4,832.00 — 3 Remove Concrete Cross Pan S.F. 960 S1.00 $960.00 4 Saw Cut Bituminous L.F. 600 S2.00 $1 ,200.00 — 5 Common Excavation C.Y. 2210 $4.00 S8,840.00 — 5 Class V S.Y. 13260 52.00 $26,520.00 . 6 31 Base Patching (1 1/2") S.Y. 13260 $1.75 $23,205.00 7 41 Wear Overlay (1 1/2") S.Y. 13260 $2.00 $26,520.00 — 8 B-618 Curb &Gutter L.F. 4832 $5.00 $24,160.00 10 Sod S.Y. 2147 S2.50 $5,367.50 { _ Estimated Roadway Cost $134,864.50 Plus 100/0 Contingency $13,486.45 Subtotal $148,350.95 Plus 25% Engr./Admin. $37,087.74 — TOTAL EST. ROADWAY COSTS $185,438.69 25% ASSESSABLE = $46,359.67 • L TOTAL CITY COST = $139,079.02 5 ONSENT ) 14 MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Setting Hearing on Reassessing Parcels for the 2nd Avenue Project DATE: February 11, 1994 INTRODUCTION AND BACKGROUND: Attached is Resolution No. 3960 for City Council's consideration. It sets a public hearing for the reassessment on the 2nd Avenue Project for those parcels where there were appeals and the original assessments were determined to be excessive or set aside by court. State law requires a reassessment hearing with notices just as if it were the original assessment. Some property owners have waived the hearing and appeal and Council has already adopted reassessments for them. There are only three property owners remaining who have not waived the hearing. (See attached memo from the City Attorney. ) RECOMMENDED ACTION: Offer Resolution No. 3960, A Resolution Setting A Reassessment Hearing For 2nd Avenue, Between Sommerville Street and Naumkeag Street And Various Abutting Cross Streets, Project No. 1991-3 , and move its adoption. MEMORANDUM TO: Judy Cox, City Clerk FROM: Karen Marty, City Attorney DATE : February 4 , 1994 RE : Reassessments of Remaining Second Avenue Properties We need to reassess the final three Second Avenue properties where the Court required (or we agreed to) a lower assessment, and the property owner did not file a waiver. The property owners, their parcel numbers, and the revised assessment amounts are set forth below. Please let me know what additional information you need. Gary K. and Mary Indrehus Parcel No. 27-004152-0 $8, 000 Randy Rannow Parcel No. 27-004071-0 $12 , 800 John Dobson, d/b/a Shakopee Marine Service 27-004100-0 and 27-004120-0 $18, 000 Thanks . Signed /0 • /PT aren Ma ty, ' Cit,y Attorney KEM:bjm [4MEMO) RESOLUTION NO. 3960 A RESOLUTION SETTING A REASSESSMENT HEARING FOR 2ND AVENUE, BETWEEN SOMMERVILLE STREET AND NAUMKEAG STREET AND VARIOUS ABUTTING CROSS STREETS PROJECT NO. 1991-3 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: 1] A hearing shall be held on the 22nd day of March, 1994 in the Council Chambers at City Hall, 129 Holmes Street South, Shakopee, MN, at 7: 30 P.M. or thereafter, to pass upon special assessments for certain properties where original assessments have been determined to be excessive or set aside by a court of competent jurisdiction. 2] The City Clerk shall give mailed and published notice of such hearing as prescribed by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of February, 1994 . 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