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04/19/1994
MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: April 15, 1994 1. Attached are the Revenue and Expenditure Reports as of March 31, 1994 . 2 . Attached is the Building Activity Report for March. 3 . Attached is a memorandum from Jim O'Meara regarding proposed tax increment amendments. 4 . Attached is an article from the March 18, 1994 issue of the LMC Bulletin asking for input from Minnesota cities regarding their experience with Native American gaming/casino operations. If anyone feels we should respond or has any suggestions or comments, please contact Judy Cox. 5. Attached are the April 7 , 1994 minutes of the Planning Commission and Board of Adjustment & Appeals meetings. 6. Attached is the Police Newsletter for Council review. 7 . Attached is information from the Park and Recreation Fees and Charges Informational Meeting. 8. Attached is a memorandum from the Public Works Director regarding the Upper Valley Drainage Project. 9. The City has received a copy of the application for authorization for exemption from lawful gambling license from St. Mary's Church for their annual festival on June 25th and 26th, 1994. They meet the requirements of the City Code. 10. Attached is a memorandum from the City Attorney regarding the DNR Trail through Murphy's Landing. 11. Attached is a memorandum from the City Planner regarding a public meeting on reviewing Metropolitan Council's Regional Blueprint. 12 . 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II II A II 1100 11 11 11 11 II 11 w II urumD< u- a XC)• II 0 u 'V-4-1 n N II mC• nAuZ> u- n Nr• swum 11 0 11 u r it I • 11 II r u u w n 1 II 11 11 4 11 < W II I n D D C nt11II u- II l-I-IC) II 0 11 DCm I1 w II ZD1 II CO nor n- II-.l u 0 II N II 1100 II 11 • 1 11 00 11 II V II 11 Il m-0 oxm II-a ii um(•) II F+ nzm pi u 0) u 0 Z co I1• u m- Ip 110ou0 (0 II (4 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - MARCH 1994 March 1994 March 1993 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 15 32 2,874, 270 23 36 3 , 029,408 Single Family-Septic 4 4 777,887 3 5 495,500 Multiple Dwellings - 1 332,404 1 6 824, 179 (# Units) (YTD Units) (-) (4) - (4) (14) Dwelling Additions 3 3 27, 100 3 6 42 , 100 Other - 1 300, 000 - New Comm. Bldgs - 3 340, 000 - - - Comm. Bldg. Addns. - 2 250, 000 - 1 6, 000 New Industrial-Sewered - - - - - _ - Ind. Sewered Addns. - - - - - New Industrial-Septic - - - - _ - Ind. Septic Addns. - - - - Accessory/Garages 1 2 14, 080 5 7 69 , 268 Signs & Fences 8 11 9, 294 5 14 19, 743 Fireplaces/Wood Stoves 2 5 10,913 1 1, 200 Grading/Foundation 2 3 29, 200 - - - - Moving - 1 - Razing - 1 1, 000 1 1 1, 000 Remodeling (Res. ) 6 10 52 , 344 3 6 23 , 777 Remodeling (Comm/Ind. ) 3 10 426, 000 7 18 1, 697 , 095 TOTAL 44 89 5, 444, 492 51 101 6, 209 ; 270 No. YTD. N o. YTD. Electrical 39 115 50 133 Plumbing & Heating 62 132 79 143 Total dwelling units in City after completion of all construction cermitted to date 5, 046 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN MARCH, 1994 10410 Novak Fleck 1477 Thistle Lane House 83,573 L 10 B 3, Meadows 9th 10411 William Weckman 936 Carriage Circle House 200,000 L 4 B 7, Beckrich Park Estates 10412 Lawrence Sign Inc. Shakopee Town Square Sign 880 10413 Lawrence Sign Inc. Shakopee Town Square Sign 895 10414 Michael Baggett 1462 Roundhouse Circle Deck 1,800 10415 Raymond Konen 8917 Boiling Springs Lane Roof 4,600 10416 Signs of Quality 421 East 1st Avenue Sign 1,200 10417 Joseph Braunshausen 443 Market Street Remodel 5,016 10418 Novak Fleck 1414 Primrose Lane House 87,968 L 17 B 3, Meadows 8th 10419 Detail Home Bldrs. 1945 Granite Drive House 93,500 L 2 B 1, Heritage Place 4th 10420 Dan Doheny 1482 Sage Lane House 113,492 L 7 B 5, Meadows 9th 10421 Deck & Door Co. 334 East 5th Avenue Windows 2,500 10422 Kim Wedemeier 491 So. Marschall Road Temp. Sign 100 10423 Rich Logeais 1372 Sage Lane House 79,400 L 1 B 5, Meadows 9th 10424 Rich Logeais 1455 Sage Lane House 79,400 L 1 B 6, Meadows 9th 10425 Tri-Star Builders 112 So. Holmes Street Fire Damage 5,000 10426 Ryan Contracting 8700 13th Avenue East Footing/Foundation 25,000 10427 Allied Fireside 124 West 7th Avenue Fireplace 1,913 10428 Detail Home Bldrs. 1282 Granite Court House 104,281 L 9 B 2, Heritage Place 4th 10429 Laurent Builders 936 Stonebrooke Drive House 325,000 L 6 B 4, Stonebrooke 1st 10430 Allied Fireside 1234 Tyler Street Fireplace 1,500 10431 Schad Tracy Sign 491 S. Marschall Road Sign 2,000 10432 Michael Menke 1234 Tyler Street Remodel 9,310 10433 Charles Ritchart 2287 Eagle Creek Blvd. Sign 310 10434 Novak Fleck 1462 Sage Lane House 84,271 L 6 B 5, Meadows 9th 10435 Gregory Keche_y 1006 Legion Street Garage 6,0E 10436 Novak Fleck 783 Lupine Court House 102,665 L 11 B 1, Meadows 8th 10437 Richard Mathison 911 E. 1st Avenue Remodel 8,000 10438 Detail Home Bldrs. 1948 Granite Drive House 87,168 L 1 B 2, Heritage Place 4th 10439 Detail Home Bldrs. 2165 Granite Drive House 91,431 L 7 B 3, Heritage Place 3rd 10440 Melanie Lundgren 1223 Clover Court Remodel 2,000 10441 First Choice Exteriors 865 So. Market Street Porch 24,000 10442 Deutsch Construction 1975 Foothill Trail House 97,887 L 1 B 4, Horizon Heights 2nd 10443 NSP 6896 Hwy 101 Slab/Foundations 3,200 10444 College City Const. 2181 Norton Drive House 155,000 L 5 B 2, Deerview Acres 10445 Michael Meyer 1537 Roundhouse Circle Deck 1,300 10446 Detail Home Bldrs. 1267 Granite Court House 87,168 L 11 B 2, Heritage Place 4th 10447 Detail Home Bldrs. 1222 Granite Court House 87,168 L 3 B 2, Heritage Place 4th 10448 Novak Fleck 1408 Thistle Lane House 83,425 L 1 B 1, Meadows 9th 10449 Nieman Roofing 205 Lewis Street Re-roof 22,000 10450 Anthony Markgraf 1925 West 11th Avenue Fence 822 10451 David Nail 1905 West 11th Avenue Fence 769 10452 Deutsch Construction 1257 Pioneer Court House 126,939 L 5 B 2, Prairie Estates 3rd 10453 Shapes & Surfaces 1278 Maxine Circle Remodel 3,000 Total: $2,302,931 LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANE BUILDING SAINT PAUL,MINNESOTA 55101 TELEPHONE (6121 223-6600 FACSIMILE 1612) 223-6450 MINNEAPOLIS OFFICE 2400 IDS CENTER MINNEAPOLIS,MINNESOTA 55402 WRITER'S DIRECT DIAL NUMBER TELEPHONE 16121 334•8400 FACSIMILE 16121334-5850 MEMORANDUM FROM: Jim O'Meara9,/„. DATE: April 6, 1994 RE: Proposed Tax Increment Amendments On April 4, 1994, Representative Rest introduced House File No. 3195, a bill to amend the Minnesota Tax Increment Act. The bill proposes several significant changes, including the following: (1) County Veto of New TIF. For tax increment districts or areas requested for certification after June 30, 1994, the County Board would be able to exclude county taxes from the tax increment; alternatively, the County Board could approve the tax increment plan, but specify a shorter duration than that approved by the municipality or specify that only a portion of the county tax rate will be used in computing the tax increment, or both. This may not sound like it, but it's virtual veto power. (2) County Veto of Old TIF. The bill also contains the power of the County Board to veto any significant amendment of a post-7/31/79 tax increment district that is at least 5 years from its request for certification. For any such district, the bill would require county consent to any modification which increases the tax increment expenditures, goals, or activities; designates additional property to be acquired; adds new bonded indebtedness, or expands the area where the tax increments may be spent. This too is BIG. (3) Tax Increment Volume Limits. Another provision of the bill would limit the municipality's ability to create new tax increment areas after April 30, 1995, if that would cause its new tax increment limit (of captured tax capacity) to be BRIGGS AND MORGAN exceeded. That limit would generally be 5% of the total net tax capacity of the municipality, maybe higher for some localities under a formula alternative. (4) Expanded "But For" Finding. For new tax increment areas, a new finding would be required, namely, that another development or redevelopment of the site of equal or greater value (after deducting the estimated cost of the tax increment assistance) would not occur within the reasonably foreseeable future without using tax increment financing. This would be in addition to the current requirement that the municipality find that the project would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. 0, Crystal Ball! (5) Housing/Redevelopment TIF Duration. The duration of new housing TIF districts and new redevelopment TIF districts would be limited to 20 years, down from the current 25. The bill contains other proposed changes. fr q Clean Water amendments NLC seeks input on , include onerous requirements k Native American • Carol A"ochei.cen satisfied with negative interest loans gaming issues and longer repayment periods." The US House of Representatives Shuster also objected to the proposal to amend the Clean Water Act proposal's non-point source control (H.R.3948) was introduced by Rep. provisions which"confer a great deal Joel Jamnik Norman Mineta(D-Calif.), chairman of of authority on EPA to promulgate The National League of the House Public Works and Transpor- minimum federal requirements...and Cities has asked for input from tation Committee,late last week. impose expansive reporting and Minnesota cities regarding our Particularly onerous for munici- management burdens on states." experience with Native American polities are the proposed storrnwater Of additional concern to cities and management requirements which gaming/casino operations. g q towns is the proposed expansion of the Frank Shofroth,Director of expand coverage to all municipalities objectives of the Clean Water Act from Policy and Federal Relations,has in urbanized areas of 50,000 or more the current"fishable,swimable" asked for a response to these population (about 6,000 cities and standard for the nation's rivers and towns nationwide), and the expansion questions: p streams to include a new standard, • What has the impact been on of authority for citizen suits against "drinkable."The measure also makes municipalities forpast violations even your local communities p no attempt to address concerns ex- since the enactment of if the city is in compliance with pressed by state and local governments gaming. and are there administrative or judicial orders to about EPA's Great Lakes Initiative possible future concerns? correct the violation (a provision which demands ever more stringent • What are our feelings on similar to one approved by the Senate reductions in pollutant loadings from possible federal proposals two weeks ago). point sources (including municipally that address the issue--what Ranking minority member,Rep. owned and operated sewage treatment do we want Congress to do? � Bud Shuster(R-Pa.),indicating his plants)while ignoring the significant Please let me know how you opposition to the proposal,criticized contributions of nonpoint(agriculture, feel about this issue. I'll collect the measure for choosing"to lend a ranching,sylviculture)sources. your comments on both the helping hand in the form of grants to a We urge you to contact your positive and negative impacts select few(big,coastal cities and the federal representative. and forward them to NLC. 0 U.S.-Mexico border area)while telling Reprinted from Nations Cities the rest of America they have to be Weekly, March 14, 1994. Lobby, continued from page 1 stormwater cleanup programs to meet drinking water supplies. However, fees to fund public programming would local needs. And, the total cost of cities object to the imposition of fees as not be permitted. If telecommunica- cleanup remains a local responsibility a method for raising funds for state tions becomes totally unregulated, with no grants and only minimal loan administration of this program. cable communications operations will funds available. The telecommunication legislation push for deregulation as well in order The Safe Drinking Water Act moving through Congress prohibits to compete. amendments contained in H.R.3392 state or city officials from regulating Cities also asked that Community (Slatter/Bliley)does put more flexibil- this new industry as to public access. Development Block Grant and the ity into the law by basing contaminant Unless changes are made,access to this HOME block grant program be funded reduction standards on best technology information system by the public,local at current levels. The administration and by changing the contaminant government, schools,and libraries has proposed to cut these programs.0 selection process to treat only actual would occur at market price and not t not potential occurrences in local through negotiated access. Franchise k_ Page 4 LMC Cities Bulletin 3-4-94/ rsve S OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota April 7 , 1994 MEMBERS PRESENT: Joos, Madigan, Kelly, & Zak MEMBERS ABSENT: DuBois, Mars, Christensen STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Dave Hutton, City Engineer Julie Baumann, Intern Lisa Anderson, Recording Secretary I. ROLL CALL Vice Chrmn. Kelly called the meeting to order at 7 : 35 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF MARCH 3, 1994, MEETING MINUTES The meeting minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Vice Chrmn. Kelly recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: TO CONSIDER AN APPLICATION OR A 30' VARIANCE FROM THE FRONT YARD SETBACK REQUIREMENT AND A 20' VARIANCE FROM THE STREET SIDE YARD SETBACK REQUIREMENT IN ORDER TO CONSTRUCT A 4 ' HIGH FENCE ON THE PROPERTY LOCATED AT 1312 11TH AVE. EAST. - KEITH HARTMAN - RESOLUTION NO. 681. Vice Chrmn. Kelly opened the public hearing to consider Resolution No. 681. The Asst. City Planner gave a brief report regarding this matter. She stated that the applicant is requesting a variance to Section 11 . 03 , Subd. 3 , and a variance to Section 11. 05 , Subd. 4 , for the construction of a 4 foot high, black vinyl chain-link fence to be constructed along the east lot line, adjacent to Marschall Road (CR 17) , and in both the 30 foot front yard setback, and in the 20 foot street side yard setback. Although the Zoning Ordinance would permit the applicants to construct a fence up to 3 feet in height within both of these setbacks, the applicants feel a 4 Minutes of the Page-2 Board of Adjustment and Appeals April 7, 1994 foot fence is needed to deter students from jumping the fence and possibly getting hurt. She stated that the primary reason for the 3 foot height limitation for fences in yards adjacent to streets is to protect visibility corridors for motorists. Fences on private property over 3 feet in height can block or limit the lines of sight of motorists travelling in streets, alleys, or driveways. She added that the boulevard between the eastern lot line and the face of the curb on the west side of Marschall Road is approximately 24 feet in width. Although this wide boulevard would permit visibility for traffic approaching the intersection, this boulevard width may not always stay the same. With the growth the City will be experiencing, it is very possible that Scott County may choose to widen CR 17 , which would greatly reduce this boulevard width. She stated that staff is recommending the denial of the variance requests because the criteria for granting variances cannot be met. Staff believes that a 3 foot fence could alleviate the difficulties experienced by the applicant as well as a 4 foot fence. The Zoning Ordinance allows fences up to 3 feet in height are allowed to be constructed within front yard setbacks and street side yard setbacks. Motion: Comm. Zak/Joos offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Zak/Joos offered Variance Resolution No. PC-637, a Resolution approving a variance to the required 30 foot minimum front yard setback, and the 20 foot minimum street side yard setback to construct a fence four feet in height in the Urban Residential (R-2) Zoning District, and move its adoption. Vote: Motion failed unanimously. VI. OTHER BUSINESS: There was no other business to discuss. VII. ADJOURNMENT: The meeting adjourned at 7:40 p.m. OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota April 7, 1994 MEMBERS PRESENT: Joos, Madigan, Kelly, Zak, & Christensen- (arrived late) MEMBERS ABSENT: DuBois & Mars STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant City Planner Dave Hutton, City Engineer Julie Baumann, Intern Lisa Anderson, Recording Secretary 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 MARCH 3, 1994 MEETING MINUTES The minutes of the March 3 , 1994 , meeting were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA Item 14 on the agenda to consider the final plat of Homestead Ridge 1st Addition, located east of CR 79 , south of Mint Circle and north of the proposed bypass, was kept on the Consent agenda but the recommended conditions were amended by changing the name of Indigo Lane to Mound Street. Motion: Comm. Madigan/Kelly offered a motion for approval of the Consent Agenda with the recommended amendment to Item 14 . Vote: Motion carried unanimously. Minutes of the Page- 2 Shakopee planning Commission April 7, 1994 VI. PUBLIC HEARING CONTINUED: TO CONSIDER THE PRELIMINARY PLAT OF EAGLE CREEK BLUFF ADDITION, - VANZEE HOMES, INC. Chrmn. Joos opened the public hearing to consider the preliminary plat of Eagle Creek Bluff Addition, located east of CR 18 and south of Boiling Springs Lane. The Asst. City Planner gave a brief summary regarding this matter. She stated that at the March 3 , 1994, meeting, the Planning Commission accepted a time extension request from the applicant and continued the public hearing regarding the Application for Approval of the Preliminary Plat until the proposal meets the requirements of the Wetlands Act of 1991. She stated that Staff recommends that the Planning Commission continue the public hearing to the first meeting after the completion of the requirements of the Wetlands Conservation Act of 1991. Motion: Comm. Kelly/Madigan offered a motion to continue the public hearing regarding the Application for Approval of the Preliminary Plat for the proposed Eagle Creek Bluff Addition until the proposal meets the requirements of the Wetlands Act of 1991. Vote: Motion carried unanimously. VII. DISCUSSION: TO CONSIDER THE INFORMATION REGARDING THE PRELIMINARY AND FINAL DEVELOPMENT PLAN FOR THE PRAIRIE BEND PLANNED UNIT DEVELOPMENT, LYING SOUTH OF EAST 4TH AVE. AND SOUTH AND WEST OF R.C. HALL. - SIENNA CORP. Chrmn. Joos opened the floor for discussion to consider the information regarding the preliminary and final development plan for the Prairie Bend Planned Unit Development. The City Planner stated that no action is needed at this meeting. He also stated that in the past the Planning Commission has expressed concern with the limited number of accesses available to this very large site. Due to these concerns, the Planning Commission continued the public hearing to allow time for the applicant to resolve this issue by completing the request for public improvements process with the City of Shakopee. In addition to the access issues, staff has recently determined that the proposed PUD requires the preparation of an Environmental Assessment Worksheet, pursuant to Minnesota Rules Section 4410.4300, Subp. 19. The applicant proposed a revision to the original design and Minutes of the Page- 3 Shakopee Planning Commission April 7, 1994 due to an increase in the number of dwelling units, the applicant exceeded the threshold for a mandatory EAW. At the March 3 , 1994, meeting, the Planning Commission continued the public hearing for the Preliminary Development Plan until after the completion of the EAW. Staff has recently received the background information from the applicant needed for preparing the EAW. The EAW should be completed in the next few weeks and it will be distributed for public review shortly thereafter. The City Planner also stated that a letter dated April 7, 1994, was on the table for the Planning Commission to review from James W. Johnston, the Project Manager. Mr. James W. Johnston, approached the podium. He stated that the access issues are currently being dealt with by his engineering department. He also stated that he believes the best circulation within the assisted living area is with the allowing of one driveway out to 4th Avenue. He stated that he has previously discussed this issued with the City Engineer and doesn't believe there will be any problem with this in the light of the spacing between Sarazin and the driveway. Comm. Joos asked for clarification by the City Engineer if this driveway addition would be a problem. The City Engineer reassured that he did not foresee a problem at this time. VIII. PUBLIC HEARING CONTINUED: TO CONSIDER THE PRELIMINARY PLAT FOR ORLEANS ADDITION - J. PATRICK LEAVITT, JR. Chrmn. Joos opened the public hearing to consider the preliminary plat for Orleans Addition, located east of CR 17, and south of Hillside Drive. The Asst. City Planner gave a brief summary regarding this matter. She stated that the proposed development covers 75. 3 acres of land and is zoned Rural Residential. The applicant is requesting approval of a Preliminary Plat to develop 25 single family, rural residential lots. After discussions with the applicant at the March 3rd meeting, the Planning Commission closed the public hearing, but directed the applicant to prepare a revised preliminary plat based on one of the other alternatives and submit it to staff for further review. A recommendation to the City Council was tabled until the Planning Commission meeting following the submittal of the revised preliminary plat. Minutes of the Page- 4 Shakopee Planning Commission April 7, 1994 The Asst. City Planner also stated that with this review, the applicant has submitted two drawings for review by staff and the Planning Commission. These have been labeled Preliminary Plat A and B in the staff report. She added that staff has reviewed both submittals, but since Preliminary Plat B impacts the wetlands, staff cannot recommend approval of this alternative. She also stated that Staff recommends approval of the Preliminary Plat (Labeled "A") for the proposed Orleans Addition, subject to the conditions discussed in the staff report. Comm. Christensen took a chair at 7 :52 p.m. Mr. Gary Turpening, 8000 W. 257th Street, Farmington, MN, approached the podium. He showed the Planning Commission different diagrams regarding this development and the wetlands. He stated that he has two alternatives regarding the wetlands and is willing to do either plan, whatever the Planning Commission should decide. The City Engineer stated that one impacts a wetland and the other does not. He stated that the first priority of the Technical Panel is to avoid the wetlands. Therefore, the plan which avoids going through a wetland is the one recommended for approval. The City Planner pointed out to the Planning Commission that at the March 3 , 1994 , meeting, this public hearing was closed so therefore it would not be necessary to close the public hearing. Motion: Comm. Madigan/Christensen offered a motion recommending the approval of the Preliminary Plat for Orleans Addition which avoids impacting the wetlands (Labeled "A") , subject to the following conditions: 1. The following variance from the Subdivision Regulations is approved: A. Section 12.07, Subd. 1 (f) , which states that the maximum length of cul-de-sac streets shall be 1, 000 feet for the rural service area. A variance to allow the right-of-way dedication for three temporary over-length cul-de-sac streets (Bourbon Trail cul-de-sac = approximately 1, 083' ; Bourbon Trail to west = 2 ,905' ; and Bourbon Avenue to north = approximately 1,915' ) is approved. However, the applicant shall not construct these Minutes of thePage- 5 Shakopee Planning Commission Apri17, 1994 streets beyond the 1, 000 foot maximum cul-de- sac length until the land to the east of the plat is developed and the street connections can be made between the two developments. Peace Circle shall not be platted or constructed until Peace Avenue, located within the plat for Dominion Hills to the north, has been constructed. 2 . The applicant shall submit a phasing plan and a revised preliminary plat drawing prior to approval of the Preliminary Plat by the City Council which reflects the following design changes: A. The street construction plans shall be revised to meet the requirements of the City's Design Criteria and Standard Specifications. The intersection of Bourbon Avenue must intersect the adjacent plot at a 90 degree angle. B. Lots 6 and 7 of Block 3 shall be redesigned to meet the minimum lot width requirement of 150 feet when measured at the front setback of 30 feet. C. The proposed drainage and utility easement for the pond shall be expanded to cover the entire wetland area. D. The proposed outlot must be incorporated into Lot 1, Block 2, and the access easement must be removed. 3 . The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. Minutes of the Page- 6 Shakopee Planning Commission 461 70994 1994 3) Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 4) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250.00 each per sign pole. 5) Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. The Park Dedication requirement for the existing structure (Lot 12, Block 3) shall be paid at the time of the approval of the Final Plat for this lot. 4 . The following must be approved prior to approval of the Final Plat by the City Council: A. The Stormwater Management Plan, including the stormwater calculations and ponding design, must be approved by the City Engineer. B. Final construction plans for all public improvements must be submitted and approved by the City Engineer. C. Approval of the design plans, percolation tests, and soil borings for the on-site sewage systems by the Building Department. D. An access permit from the Scott County Highway Department will be required for Bourbon Avenue. E. The final plat drawing must show all drainage and utility easements around the lot lines, as well as drainage easements for all drainage ditches or retention facilities as approved by the City Engineer. F. Direct access from the individual lots onto CR 17 for Lots 1 and 3, Block 1, and Lot 1, Block 2, shall be prohibited. Access rights shall Minutes of the Page- 7 Shakopee Planning Commission Apri17, 1994 be limited by dedicating to the City the access rights on the dedication statement for the final plat and these access limitations shall be shown on the Final Plat drawing. 5. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat with the Scott County Recorder's Office. 6. Approval of the Preliminary Plat is contingent upon the following: A. 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. B. The approval of the Preliminary Grading and Drainage Plan and the Erosion Control Plan by the City Engineer. C. The approval of the Stormwater Management Plan by the Lower Minnesota Watershed District. 7 . The following must be completed prior to the approval of building Permits for the lots on the site: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. B. Residential units shall be situated so as to provide for future Minor Subdivisions to accommodate future development if city sewer and water service is provided. 8 . The following actions must take place: A. No direct access onto CR 17 shall be allowed for any of the lots. Minutes of the Palm- 8 Shakopee Planning Commission April 7, 1994 B. Adequate turnaround facilities for all temporary cul-de-sac streets must be constructed with each phase. Adequate rights- of-way or easements for the turnarounds must also be dedicated with the final plat. C. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. D. Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. All individual sewage treatment sites shall be protected during lot development and road and building construction. Vote: The motion carried unanimously. IX. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE OF VEHICLES, ASPHALT PRODUCTS AND SOME STONE MATERIALS UPON THE PROPERTY LOCATED AT 4370 VALLEY INDUSTRIAL BOULEVARD SOUTH - MINNESOTA ROADWAYS -- RESOLUTION NO. 680. Chrmn. Joos opened the public hearing to consider the application for the Conditional Use Permit for Minnesota Roadways, Resolution No. 680. The Asst. City Planner gave a brief summary regarding this matter. She stated that the applicant is proposing to purchase the subject site to construct an office and warehouse. They would like to store fuel and asphalt products, recycled rock and aggregate materials, as well as their asphalt and paving equipment, on the site. Although construction companies and special trade contractors are permitted uses within the I-2 district, the outdoor storage of fuel and asphalt products, rock and stone products, and machinery and transportation equipment, are listed as Conditional Uses within this zone. The Asst. City Planner stated that Staff recommends approval of Conditional Use Permit Resolution No. PC-680, subject to the seven conditions discussed in the staff report. The applicant, Mr. Jack Mueller, 10356 Colony Court, Eden Prairie, approached the podium. He requested from the Planning Commission permission to store the materials as noted by the Asst. City Planner, and other materials that Minutes of the Page- 9 Shakopee Planning Commission April 7, 1994 the Planning Commission allows for in the I-1 District. He also stated that he may put off the construction for the building until 1995. Discussion on possible problems with this took place. The City Planner asked the applicant for clarification of where the third tank would be located. Mr. Mueller answered by stating it would be located to the north or the south of the one 10,000 gallon tank. The applicant also stated that this would not be a year round type of storage, but instead a five to six month storage. Comm. Kelly asked if some steps could be taken to avoid accidental collision with these storage tanks and equipment that will be used. Mr. Mueller stated that would not be a problem and would add Comm. Kelly's request into the building plan. Motion: Comm. Zak/Kelly offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Zak/Madigan offered Conditional Use Permit Resolution No. PC-680, subject to the following conditions: 1. The applicants must obtain all required permits from the Minnesota Pollution Control Agency and Scott County Environmental Health. The operation must comply with all environmental requirements, including the NPDES Permit, as per these governmental agencies. 2 . Flammable liquids on the site must be stored in accordance with Fire Codes. A copy of the safety data sheets and a list of emergency contact telephone numbers shall be provided to the Shakopee Fire Department prior to the release of the Building Permit. 3 . The bulk storage of fuel on-site shall be limited to the following: A. One (1) 10, 000 gallon tank for storing #2 diesel fuel; B. One (1) 10, 000 gallon tank for storing RC-800 or 250 liquid asphalt at a temperature of below 200 degrees; and Minutes of the Page-10 Shakopee Planning Commission April 7, 1994 C. One (1) 10, 000 gallon tank for storing P.D.C. , a sealcoating product, which would be only heated in the spring and fall with minimal, if any, fumes. 4 . The outdoor storage of equipment, vehicles, and materials shall be limited to twelve (12) feet in height. 5. A landscaping and screening plan shall be approved by the City Planner prior to the approval of the Building Permit. 6. Approval of the Conditional Use Permit is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures. 7 . If complaints to City staff in the future on this Conditional Use Permit warrant a review by the Planning Commission, the City Administrator shall have the authority to require such a review. Vote: Motion carried unanimously. X. PUBLIC HEARING: TO CONSIDER AN APPLICATION TO AMEND A PLANNED UNIT DEVELOPMENT TO ALLOW THE CONSTRUCTION OF A SERVICE AND STORAGE BUILDING FOR EQUIPMENT ON THE PROPERTY LOCATED AT 700 COUNTY ROAD 83. - HIGH FIVE ERECTORS, INC. Chrmn. Joos opened the public hearing to consider an application to amend a Planned Unit Development to allow the construction of a service and storage building on the property located at 700 County Road 83 . The Asst. City Planner gave a brief summary regarding this matter. She stated that the applicant is requesting an amendment to the PUD in order to construct a 4 , 800 square foot masonry building to be used to store and service their construction equipment. She said that the applicant received approval of the Final Development Plan for this PUD in the spring of 1992 in order to remodel an existing metal structure for use as an office and warehouse. This approval permitted the applicant to construct an addition onto the south and east sides of the existing structure, to remodel the interior, and permitted on-site outdoor storage. Minutes of the Page-11 Shakopee Planning Commission April 7, 1994 She added that, in the fall of 1992, the applicant received approval of an amendment to the PUD in order to delete an area within the trees that had been designated for outdoor storage of equipment that was up to 15 feet in height. The amendment designated an area southwest of the building for outdoor storage with a 15 foot height limit. The Asst. City Planner stated that Staff recommends approval of the Amendment to the Planned Unit Development for High Five Erectors, Inc. , subject to the six conditions discussed in the staff report. Chrmn. Joos asked if the applicant would like to address the Planning Commission. There was no response. Motion: Comm. Zak/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Christensen/Zak offered a motion recommending to the City Council the approval of the amendment to the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development, subject to the following conditions: 1. Approval of Amendment No. 2 to the original Development Plan is hereby approved. This Amendment allows the construction of a 4,800 square foot masonry building to be used to store and service High Five Erectors' construction equipment. 2 . The construction and location of the proposed 4, 800 square foot storage structure shall be in conformance with the development plans submitted by the applicant with the request for Amendment No. 2 . 3 . The applicant shall be required to repair the erosion damage and establish the turf in the area of the east property line prior to the approval of the Building Permit for the proposed structure approved with Amendment No. 2 . 4 . Approval of the outdoor storage area within the existing trees on the north side of the lot as shown on the original development plan approved on May 19, 1992 , is hereby withdrawn, as per the amendment to the development plan for the Planned Unit Development approved on July 21, 1992 . Minutes of the Page-12 Shakopee Planning Commission April 7, 1994 5. Outdoor storage up to 15 feet in height will be permitted within the area designated on the amended development plan for the Planned Unit Development which was approved on July 21, 1992 . 6. Only equipment owned by High Five Erectors shall be allowed to be stored in the outdoor storage areas. Comm. Christensen asked what this facility would look like when completed. The Applicant, Bruce Theis, 13875 Marystown Road, Shakopee, MN, approached the podium. He explained to the Planning Commission where the site will be located and stated that the facility will be identical to the facility already located on the property. Vote: Motion carried unanimously. XI. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT - CITY OF SHAKOPEE - RESOLUTION NO. 679. Chrmn. Joos opened the public hearing to consider an application for a conditional use permit to relocate the house at 135 West 3rd Avenue to 1124 East 2nd Avenue. Julie Baumann, Planning Intern, gave a brief summary regarding this matter. She stated that the Shakopee Housing and Redevelopment Authority (HRA) is requesting a Conditional Use Permit to move a residential structure from 135 West 3rd Avenue. The site at 1124 East 2nd Avenue is zoned Mid-density Residential. She stated that Staff recommends its approval subject to the conditions in the staff report. Comm. Kelly stated a concern to delay this process regarding a conflict discussed at the last City Council meeting. The City Planner responded that there is no need for delay, and that the Conditional Use Permit is good for one year. Motion: Comm. Kelly/Zak offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Kelly/Zak offered Conditional Use Permit Resolution No. PC-679, allowing for the moving in of a structure, subject to the following conditions: Minutes of the Page-13 Shakopee Planning Commission April 7, 1994 1. The Planning Commission finds that the structure meets or exceeds the value of, and is compatible with, the adjacent homes. 2. The Shakopee Housing and Redevelopment Authority must submit proof of ownership of the subject site prior to the release of the building permit. 3 . The Shakopee Housing and Redevelopment Authority must meet the requirements of the City of Shakopee and Scott County regarding the structure's removal, and the requirements for the moving of the structure. 4. The Shakopee Housing and Redevelopment Authority must obtain a House moving Permit prior to the release of the building permit. The Shakopee Housing and Redevelopment Authority must also obtain a permit to work within the right-of-way from the City of Shakopee. 5. The dwelling unit must meet all the requirements of the Building Code within six (6) months after it is moved. Vote: Motion carried unanimously. XII. OTHER BUSINESS: Preparation for Comprehensive Plan - Paul Bilotta, Senior Planner. He stated that staff is working on basic updates to the Comprehensive Plan and hope to get it finished as soon as possible. He stated that possibly next month staff is looking at dealing with mapping issues and the race track issues. Chrmn. Joos asked when an estimated date would be to have a completed 1990 Comprehensive Plan. Mr. Bilotta stated that possibly into the fall, if things keep moving along. The City Planner, Mr. Ekola, stated that a copy will be forwarded to the Planning Commission. XIII. ADJOURNMENT The meeting adjourned at 8: 37 p.m. 7 SHAKOPEE PARK AND RECREATION . ,► � @� .. - _ FEES.AND CHANGES. � - ; _ �t INFORMATIONAL_MEETING , ; ��., - - -�- E For the members of the audience and those viewing tonight's meeting on the Government Access Channel, my name is Barry Stock, Assistant City Administrator/Community Services Director. The purpose of tonight's meeting is to provide you with various facts regarding the programs and services provided by the Shakopee Park and Recreation Department and the various fees and charges that are associated with these programs and services. To begin, I think it is important to share with everyone a brief historical synopsis of how Shakopee Recreation has developed into it's present structure. Prior to 1990, the City's recreation programs and activities were administered by the Shakopee Recreation Board. The Shakopee Recreation Board was jointly sponsored by the City of Shakopee and School District No. 720. The Shakopee Recreation Board was charged with providing recreation and leisure time activities in the broadest sense. The Board was a legal board with the responsibility to approve bills and hire and fire employees. For the most part, funding from the City and School District generally represented about 60% of the operating budget. This portion of the budget was shared equally by the City and School District. The other 40% came from fees, charges and contributions. The City and School District also provided facilities for the recreation programs. The joint powers arrangement began in 1954 and came to a dissolution on December 31, 1989. On January 1, 1990 the Shakopee Park and Recreation Board was created by the Shakopee City Council to serve as an advisory committee to make recommendations to City Council regarding recreation programs, services and facilities. At the same time, the School District took control over the operation of community education programs. Staffing within the Recreation Department presently consists of one full time recreation supervisor, one 3/4 time recreation assistant, one full time receptionist and one full time secretarial position. These individuals are responsible for providing the wide variety of recreational services that Shakopee has to offer. Park maintenance services are shared between 11 maintenance workers and two mechanics who are also responsible for general City maintenance activities. Shakopee has eight neighborhood parks encompassing 59 acres. Three Community Parks -Lions, Memorial and O'Dowd Parks encompassing 191 acres and one major complex facility - Tahpah Park encompassing 40 acres. Shakopee also has one major linear trail system 2 . 5 miles long consisting of 30 acres and several recreational buildings and facilities including the municipal pool, community youth building and various winter skating buildings. The City also provides some maintenance of school facilities primarily in the area of grooming ball fields. Following is a list of a few of the services currently provided by the Recreation Department: 2 1. Field and building scheduling for all Citysponsoredd` _ y recreational :programs. yam-- -- -- ` Development and administration -or---various.--•progra is activities that are offered to Shakopee residents. 3 . Development of the Spring and Fall community recreation brochure which outlines the activities during a specific calendar quarter. 4 . Development of the park and recreation capital equipment program and implementation (playground equipment acquisition) . 5. Development of grant application submittal. 6. Scheduling of Community Youth Building and City Hall community room for community groups. 7 . Reservation scheduling for all City parks. 8. Supervising operations of Shakopee municipal pool. • 9 . Program Promotion and Public Relations. 10. Development of Park Capital Improvement Program (Long Range Planning) 11. Reviewing current residential development projects for future park and trail developments. 12 . Selection and supervision of all seasonal Recreation personnel. (60 employees) Programs and activities within the Recreation Department are split into three budget divisions-: 1. Shakopee Swimming Pool 2 . Park Maintenance 3 . Recreation Services In order to understand how the budgets for these various divisions are developed, it is important to briefly review the entire City general fund budget. The City of Shakopee's general fund expenditure budget for 1994 equates to approx. $6, 000, 000. This pie chart (attachment #1) depicts how funds are allocated within the general fund budget among the various budget divisions. Note that recreation, pool and parks combined represent just over 10% of the City's budget. Revenues for the general fund operations are generally broken down into three primary categories: 1. Property taxes 2 . Intergovernmental sources 3 . Charges for services The following pie chart (attachment #2) depicts the percent of revenues derived from these sources. Of the entire City revenue stream, only 3% (approx. $160, 000) can be attributed to charges for services that relate to recreation services. Let's take a closer look at revenues and expenditures associated with providing recreational services in Shakopee . First, the expenditure side of the equation (attachment #3) . The combined budget allocation for the Recreation Department, Pool Division and 3 Park Maintenance Services in •1984 equated to $598,250. Of this amount approximately 70% is allocated to' personal services and 30% to supplies associated with providing said. services.. Before we examine in detail the revenue side of providing park and recreation services, I believe that it is important for us first to examine the basic philosophy that most cities utilize in providing park and recreation services. The general objective of community recreation departments is to offer the most diversified recreational services possible while ensuring that all citizens have equal opportunity and choices of participation. Since it is fairly typical that the demand upon the department in meeting this service objective is greater than the publics ability to appropriate funds to support the demand, it generally becomes an economic necessity to charge fees. Fees and charges for park and recreation services are just one method by which local units of governments fund park and recreation programs. Other typical funding sources include general fund appropriations (tax subsidy) , capital improvement funds, park dedication fees grants and contributions. Fees and charges are typically viewed as a means to continue or expand the basic ability to provide services on an equitable basis. It is also critical to achieve a balance whereby the general benefit of the services made possible through fees and charges be kept in line with the practicability of said fees and the economic impact on the user. Up until the mid 1960's, fees were not imposed on recreation program participants in Shakopee. As the pressure for more programs increased, so did the need to find additional funding sources. A formal fee and charges policy was established by the joint recreation board in 1975. At that time, a survey was conducted of 21 communities in the metropolitan area to determine if other communities had a fee and charge policy and how they were applied. The results of that survey were significant in establishing the guidelines in place for park and recreation fees presently being charged today. One of the key premises used in establishing the fee policy in 1975 was that adult programs were generally expected to pay their own way by means of fees and charges. In July of 1978 the Shakopee Recreation Board adopted a policy for individual participant fees. Today the fees, are $13 . 00 for youth and $20. 00 for adults. The last increase in the participant fee occurred in 1991. The joint recreation board as well as the current Shakopee Park and Recreation Board has consistently felt that the fairest and most consistent way to assess user fees was to charge each participant a fee which went above and beyond the costs directly associated with the activity. For example, the adult softball leagues currently have a team fee to cover the cost of their programs for such things as umpires, softballs, trophies and sanctioning with State Associations. The participant fee which is collected goes directly to the City to help offset costs associated with providing park and recreation services. These costs include employee salaries (full time and part time) , supplies, utilities, 4 insurance, maintenance, etc. • The type of fee schedule in place varies from one community to another. Belle Plaine is an example of a nearby community that has adopted a fee structure that mirrors Shakopee. Other communities also have fee schedules but provide varying levels of service depending on the involvement of athletic associations. The question begs to be asked whether Shakopee is being excessive in charging an activity fee as compared to surrounding communities. In order to provide an accurate response to this question we must look at the level of services being provided by our Recreation Department as compared to other communities. We must also look at the fees for various programs in Shakopee as compared to other communities. To give Shakopee residents a point of comparison, let's examine several major athletic programs in Shakopee and compare them to several of our nearby communities. SEE CHART (Attachment #4) You can see from this comparison that generally speaking, while Shakopee does charge a activity fee, the total cost per program for each participant is fairly comparable to our neighbors. Additionally, it is important to keep in mind that the activity fee in Shakopee is charged to the individual user. The activity fee is primarily applied to participants of programs not directly administered by the City's Recreation Department or staff. Programs that are directly administered by staff such as gymnastics, tennis lessons, summer day camps, tee ball have the activity fee built in to the base fee charged. Examples of programs which are charged an activity fee include adult softball, basketball and volleyball as well as youth baseball, softball and basketball. Leaders of the athletic associations collect the activity fees from each participant and turn it over to the City. Again, these fees are used to cover costs associated with providing services to the aforementioned programs. Services vary from one activity to another depending on the Associations desires but generally include clerical and administrative assistance for player programs, player schedules, field scheduling, attending league and association meetings, serving as liaison to State organizations, promotion of said programs and park maintenance services and associated equipment and supplies needed to maintain City recreational facilities. In Shakopee, the City does not collect any funds from adult team fees or from youth association fund raisers. In some communities, this is a common practice. Additionally, in some communities youth sports associations are not charged fees by the City for such things as facility usage. On the other hand, in some communities youth and adult sport programs receive no City administrative 5 assistance for scheduling or promotion of said programs. It is also common in many communities that in terms of adult sports programs that a percentage of the team fees be passed on to the city for recreation administration. And finally, in some cities, the city is the primary provider and administrator of all sports programs, there are few if any associations. Each community has developed organizational structures that are unique to the circumstances of their community. This being the case, fee schedules also vary significantly from one community to another. Let's briefly examine the amount of revenue generated in Shakopee by the various charges for services collected in our recreation programs. (See attachment #5) Revenues collected by the Recreation Dept. in 1994 are expected to be approximately $160,000. Note that the biggest generator of revenues is the pool which comprises 40% of the entire Recreation revenues collected. However, when we compare the total cost of operations for the Shakopee parks, recreation and pool divisions ($598,250) to the amount of revenue collected through recreation fees and charges you will note that the greatest source of revenue continues to be property tax collections. (Attachment #6) I think it is important to quickly address several other major sources of revenue and expenditures over and above those already addressed that are related to park and recreation programs and services. The City of Shakopee does have a separate park reserve fund. The park reserve fund currently has a fund balance of approximately $50, 000. Revenues that are placed into the park reserve fund generally are comprised of park dedication fees, grants and contributions. The park reserve fund is generally relied upon to cover major park improvements and/or playground equipment purchases. In 1992 , $117, 000 was allocated from the Park Reserve Fund to replace the liner at the Shakopee pool. In 1993 , the City allocated another $50, 000 from this fund to purchase and install playground equipment in Memorial Park. In 1993 the City also allocated nearly $90, 000 from the park reserve fund to do major improvements at the Tahpah Park concession stand. In 1994 , the City is allocating another $15, 000 to purchase and install playground equipment at Scenic Heights Park. The City has been fortunate in that it has received major contributions from the Jaycees, Lions Club and other organizations to help offset a portion of these and other park improvement costs. Another major source of funds that have been used for major park improvements has been the capital improvement fund. In 1993 the City allocated approximately $300, 000 from the capital improvenent fund to acquire approximately 30 acres South of the Senior High School for future recreational purposes. Finally, in 1994 approx. $42 , 000 will be allocated from the Capital Equip. 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CD Cl0 M D Cu dP a, rt .� ca (D dP N n o yy.?`;;.� o 0.0 0 co �N v •� � - `��•�:•:i �'i:;iii N '_ `X::::::::::::::::::::::::*: III' .�. N• Nor > •:;:•'i'•:•1 oN MM. dP H � , ` bow W 1 •-3 h7 z o y tll 1OC � H n tz7 cn / / rot G fi 0 rtr• o rt f... 1- w C I-- rt m r• m N N N N IA v dP C1 dP K 0 G r* G- > )' LL 0G r* F-• r• rt.C r• y rt. C) r• rt- (D r• N C, r• Cl. c, w CD O N OP J mon L ik rSUMMUMEMMUMINIMMIRM i .,,,:,771P"'"-...::. --- - - [1 IINUMENIMEMI SOMIMINIMINIM' 01• u,2 ti 1-3 E ,'; "ti' mar O LO H t:-.'. i..uMrr l0 O f7 3 tri //mg /Am df, :n ami VSt ch 4 vMi. JOi iKiV.W..... R' 0 t z rr m m d n C i H N tnH O C. z dP . \ H P x G tr to N-*".•.--N.— F" K L., w of. MEMO TO: City Council FROM: Dave Hutton, Public Works Director SUBJECT: Upper Valley Drainage Project DATE: April 12, 1994 NON - AGENDA INFORMATIONAL ITEM FOR COUNCIL: Per the existing agreement with Mn/DOT, the City of Shakopee is paying for 47.8% of the project and Mn/DOT is paying for 52.2%. The City is the agency actually constructing the project. Mn/DOT has just informed City staff that as part of the drainageway construction, Minnegasco must relocate one of their high pressure gas lines. Minnegasco and Mn/DOT are preparing a Relocation Agreement to cover the cost of this relocation, which has been estimated at $91,919.21. In accordance with our existing agreement with Mn/DOT, the City will be required to pay 47.8% of that relocation cost or $43,937.38. Mn/DOT will be submitting a supplement agreement to the City for execution in the near future to cover this item. #10 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: April 14, 1994 RE: DNR Trail Through Murphy' s Landing BACKGROUND: For several years the Minnesota Department of Natural Resources has been seeking to put a trail through Murphy' s Landing in Shakopee. Alignments have been proposed along the river (their preferred option) , along Highway 101 (the Minnesota Department of Transportation refused to grant them right-of-way) , and down the road through the middle of Murphy' s Landing. After extensive discussions with representatives of Murphy' s Landing, the latter course was approved. A document entitled "Terms of Agreement" , which is attached, set forth their agreement between the DNR and Murphy' s Landing. A formal agreement was not executed or signed. In March, the Minnesota Valley Restoration Project entered into a new Lease for Murphy' s Landing with the City. They then immediately hired a new executive director, Shirley Olsen. After meeting in early April with Steve Rose of the Department of Natural Resources, Ms . Olsen feels the best alignment for the trail is the one originally requested by the DNR, along the river, rather than down the existing road in the middle of Murphy' s Landing. The March Lease between the City and Minnesota Valley Restoration Project included a paragraph on the trail . That paragraph reads as follows : 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. Mr. Rose of the DNR and Ms. Olsen of Murphy' s Landing both are aware of the deadline and concerned about it . Although they both desire and hope to put this matter to rest as soon as possible, they are not certain they can have an executed agreement by May 1 . Difficulties include design of the trail at the new location, double-checking for Indian burial mounds, revised fencing, different security measures, and changes in the restroom location. ALTERNATIVES: 1 . Take no action. 2 . Move to direct staff to prepare an amendment to the Lease between the City and Minnesota Valley Restoration Project, changing the deadline in paragraph 4 . f from May 1, 1994, to June 15, 1994 . 3 . Move to direct staff to prepare an amendment to the Lease between the City and Minnesota Valley Restoration Project, changing the deadline in paragraph 4 . f from May 1, 1994, to a different date, and specifying the date. RECOMMENDATION: Alternative 1 . Paragraph 14 of the Lease provides that if MVRP breaches the Lease, we must give them written notice of the breach and 10 days to correct the breach. We can extend the 10- day period if desired, but if they do not correct within the stated timeframe, they must vacate the Premises immediately. Since they hope to have the agreement in place by the end of this month, no amendment may be necessary. Even if they are unable to get an agreement in place, since we have to give them notice of a breach and 10 days to correct before they are subject to any penalties, they should be able to get an agreement done before any action is needed on the part of the City. Taking no action will leave the pressure on to make sure that an agreement is reached and signed. REQUESTED ACTION: Take no action. If the City Council disagrees with this recommendation, this item should be removed from the informational items and added to the regular City Council agenda. [14MEMO] Attachment -2- TERMS OF AGREEMENT Specifically the Department of Natural Resources agrees to: • 1) Assume all costs for development, construction, operation, and maintenance ofthe ' section of the, Minnesota Valley Trail passing through Murphy's Landing. 2) Construct the entire segment of the Minnesota Valley Trail from Memorial Park to County Road 18 at one time. 3 ) Construct a modern, year round, restroom facility in the area of the existing lift station. The facade will blend with the historic setting of Murphy' s Landing. 4 ) Provide 10 additional graveled parking spaces at the parking areas at each end of Murphy' s Landing. A design for separation of trail users and Murphy' s Landing visitors will be incorporated into the Minnesota Valley Trail design. 5) Coordinate interpretation with Murphy' s Landing and keep regulatory signs to a minimum. Signs to include ones which j 11,6 warns--trail users to exercise caution around livestock. 6) Provide historic picket style fencing to enhance security at .. key structures, and snake or woven fencing in the livestock 1).1 , areas . ktk." 7) Coordinate patrolling and enforcement with staff from the Minnesota Department of Natural Resources, Murphy' s Landing, City of Shakopee, and Scott County. 8) Restrict the use of vehicles for Minnesota Valley Trail maintenance in Murphy' s Landing proper. Every effort will be made to service or maintain the trail during Murphy' s Landing' s closed periods. 9) Construct the trail using natural materials as.a surface, such as crushed limestone through Murphy's Landing. 10) Follow the trail alignment as shown on exhibit A. 11) Allow use of horse drawn equipment along proposed alignment. 12) Any development pertaining to trail:construction designs shall be reviewed with Murphy's_ Landing. „ . Specifically, Murphy' s Landing agrees to: 1 ) Be responsible for the daily maintenance of the restroom facility. 2) Allow for public use of property for Minnesota Valley Trail on the alignment as shown on Exhibit A. 3) Coordinate the interpretation along the trail with the Department of Natural Resources. 4 ) Assist in the enforcement and patrolling of the Minnesota Valley Trail corridor through Murphy' s Landing. 44q/ MEMO TO: Shakopee City Council FROM: Lindberg S. Ekola, City Planner RE: Public Meeting - Review of the Metropolitan Council's Regional Blueprint DATE: April 15, 1994 NON-AGENDA INFORMATION ITEM: Attached is a copy of the draft Regional Blueprint prepared by the Metropolitan Council. The blueprint is an action plan for shaping the future economic growth and development of the region. The Met Council will be holding several public meetings on the draft blueprint. The Met Council is inviting public comment on the draft document at these meetings. There will be a meeting held at the Minnetonka Community Center on Wednesday, April 20, 1994 . The meeting will run from 4 : 00 to 6: 30 P.M. The Minnetonka Community Center is located at 14600 Minnetonka Blvd. in Minnetonka. The Metropolitan Council will also hold formal public hearings on the blueprint on Thursday, May 19 at 7: 00 P.M. and Friday, May 20 at 9: 00 A.M. in the Metropolitan Council Chambers in St. Paul. The Metropolitan Council will also accept written comments which must be received by June 6. These comments should be sent to Jan Gustafson, Metropolitan Council, 230 E. 5th St. , St. Paul, MN 55101. AAA '`IA Metropolitan Council DRAFT FOR PUBLIC HEARING AND DISCUSSION Regional Blueprint Twin Cities Metropolitan Area March 1994 Public Hearing to Be Held: Thursday, May 19, 7 p.m. Metropolitan Council Chambers Continued on Friday, May 20, 9 a.m. Metropolitan Council Chambers Publication no. 78-94-028 Mears Park Centre 230 E. Fifth St. St. Paul MN 55101 291-6359 voice 291-0904 TDD Working for the region Planning for the future Metropolitan Council Advocating regional economic,societal and environmental issues and solutions March 15, 1994 Dear Fellow Twin Citians: New directions for shaping the Twin Cities area's future economic growth and development are proposed in the Regional Blueprint, a draft action plan developed by the Metropolitan Council with much input from the both the public and private sectors. We invite your review. The Blueprint outlines steps to: • Promote the economic growth of the region. • Guide the growth of the region, including containing urban sprawl and strengthening the distressed parts of the region. • Increase economic opportunity for people and break the cycle of poverty. • Preserve and enhance the natural environment. • Promote the effective and efficient delivery of public services. Five Blueprint informational open houses will be held in April and May. The format is quite informal, with a brief presentation to be repeated twice each evening. With many cohosting organizations, the open houses are scheduled in Minneapolis/St. Paul and in suburban communities in Anoka, Hennepin, Dakota and Washington Counties during the weeks of April 11, 18, 25 and May 2. The specific dates and locations will be announced in the March Metro Voice and Blueprint Update newsletters, and in newspaper notices to be published in late March. Also, a current schedule will be available by calling the pre-recorded Blueprint Information Line, 291-6611. starting March 25. The Council will take formal testimony at the public hearing, scheduled for Thursday, May 19, 7 p.m., and continued on Friday, May 20, 9 a.m. The hearing will be held in the Metropolitan Council Chambers in the Mears Park Centre Building, 230 East Fifth Street, in downtown St. Paul. Upon request, we will provide reasonable accommodations to people with disabilities. We welcome your feedback. Hope to see you at a Blueprint Open House. or you may fax or mail in comments. The Council fax number is 291-6464. Sincerely, /agtOe.: 11 F. ..00, .0.- Dottie Rietow Metropolitan Council Chair Mears Park Centre 230 East Fifth Street 5: Pau:. ?:-.`.esota 551:1-:634 612 291-.-:359 Fa:.291.655: TDD:=:-J904 An E;»:Oppor::.- :�Emp!c._- ®geCyclec Pape. Preface A Plan of Action for the Region The Metropolitan Council Regional Blueprint outlines a plan of action to strengthen and improve the liveability of the region by targeting economic growth and land use development for the Twin Cities metropolitan area. To foster economic growth and job creation,the Blueprint proposes to strengthen "public supports"of the regional economy. The Blueprint both promotes and guides growth through prudent use of incentives and land-use planning. It Traditional Blueprint removes barriers and targets limited public dollars to stimulate business Focus development in distressed areas of the region. It encourages new development, •Coordination of development but in areas where essential public services can most economically support new with regional systems. urban growth. The Blueprint serves as a tool for building environmental features •Sound fiscal management of into new development, to help sustain our region's high quality of life. regional systems. New focus A Partnership for the Future •Flexible approach to land use planning The Blueprint moves the Council beyond its traditional focus of regional •Revitalization of distressed systems planning and fiscal management to face complex economic and societal areas. issues.The Blueprint sets directions for solutions and serves as a springboard for •A strengthened economy detailed action plans and proposals. These strategies need to be refined in •Use of partnerships and partnership with others that play a role and have a stake in the region's success. incentives to achieve Partnerships and alliances include cooperative efforts with business,education objectives. community,regional and local governments and neighborhood groups. By revitalizing distressed areas and targeting public resources where they are needed most,the Blueprint facilitates greater economic opportunity. The results are new and stabilized private sector jobs.a better trained work force,revitalized neighborhoods,a competitive regional economy and a strong tax base to pay for public services to serve the people of the region. Authority The Council Blueprint was prepared by authority of Minnesota Statutes.section 473.145.The law states: The Metropolitan Council shall prepare and adopt...a comprehensive development guide for the metropolitan area. It shall consist of a compilation of policy statements. goals, standards.programs and maps prescribing guides for an orderly and economic developmenr.public and private.of the metropolitan area. Discussion Draft Contents Overview:Region at a Crossroads 5 The Twin Cities Area: Building from Strength 5 Challenges to the Region's Vitality 5 Mission of the Blueprint 6 Regional Economic Strategy 8 Positioning the Region to Compete 10 Regional Economic Objectives 10 Regional Infrastructure for Economic Development 11 Local Economic Development Efforts 13 A High-Quality Work Force 13 A Strong Business Climate 15 Regional Investment Strategy 16 Creating a Climate for Reinvestment 18 Attracting Business Development 19 Strengthening Neighborhood Vitality 24 Regional Strategy for Guiding Growth 10 Setting the Direction for Guided Growth ;1 An Urban Service Area and a Rural Service Area 32 The Urban Service Area Boundary 1 Land Use and Transportation 16 "Cluster" Planning '8 Priorities for Regional Investments ;9 The Rural Service Area 41 Special Facilities and Regionally Funded Programs 45 Fiscal Management of Regional Systems -16 Regional Environmental Strategy 18 Integrating Environmental Quality 49 Protecting Natural Watercourses 51 Water Quality for the Future 51 Major River Corridors 53 Woodlands and the Urban Forest 55 Air Quality 56 Implementing the Blueprint i7 Direction for Regional Systems and Investments 57 Guiding Growth and Change in the Region 64 Monitoring the Region and Focusing Council Action 78 Appendix S3 3 Discussion Draft Overview: Region at a Crossroads The Twin Cities Area: Building from Strength The Twin Cities metropolitan area is a regional community of 2.35 million people,some 189 cities and towns,and seven counties.It stretches outward from the central cities of Minneapolis and St.Paul to the surrounding suburbs and rural The Twin Cities area areas.A beautiful natural setting is graced by three major rivers and more than ranked favorably among 900 lakes. A magnet for business, it is the headquarters for 17 Fortune 500 25 largest metro areas in manufacturing corporations and another 14 Fortune 500 service companies.The 1990... region ranks high among the 25 largest urban areas in employment growth(8th) •8th in employment growth and household income (6th), and low in unemployment rate (24th). •Second lowest in unemployment rate The region resonates with its rich cultural life--theaters,museums and galleries •6th in median household --and its major league sports teams have strong followings well beyond the income (about 643,000) state's boundaries. It boasts 20 two- and four-year colleges and universities, including the state's major teaching and research institution--the University of Minnesota. The region is justifiably proud of its productive citizens and its tradition rf solving regional issuess,through joint civic efforts. .ice t �.0 - 'k'a_^ ;' �.-mow'= .r_ "S�". •a•:=w�;� 3iisik...4 i _ a - - to •► •� _ k ,'"71' 0 ,14 11-`.:f ---:.:-=;;;4_ . 4 — . .... . ,.. , gr. ..N.. - -,. _ -, „..-'4.- - -4,,t.. ,4 ili , i _,._ ,,,___ _, , . ,.. ; , : ..L..i. ,..., : I -� y l \ � / .. - _ - Cty9 - S' `-;..115_ _ .. mss " ti,Y•\ But the region also... 'Ranked low(20th) in income Challenges to the Region's Vitality per worker •Had higher poverty rate in Despite its strengths, the region faces serious challenges to its economic and Minneapolis and St. Paul than societal vitality. elsewhere in region 1990 census data •The region's future place:n the global economy is still an open question. Doubts are growing about the quality of worker skills. The region ranks low (20th) among the 25 largest urban areas in worker income. Business may need new kinds of infrastructure to help keep is on the cutting edge of competition,as well as costly improvements to existing stems,like transportation.Our standard of 5 Discussion Draft Despite solid economic achievements, the region and its businesses face increasingly strong competition in the national and international marketplace. The U.S.Department of Commerce ranked Minnesota 17th among the 50 states in the dollar value of its exports(1992),but the Twin Cities area is not generally seen as a major international business center.For example,the November 1992 issue of Fortune magazine recognized the Twin Cities area for its top-rated educational system,quality labor force, low poverty and unemployment rates and strong business involvement in the community.But the area was veiwed as Despite solid achievements, "more insular than international." the region faces increasingly strong competition in the In addition,the benefits of economic growth have not been shared by everyone marketplace. in the region.Over the past two decades,80 percent of the region's commercial- industrial growth has been concentrated in 20 of its 189 cities and townships. Unemployment,while 4.6 percent for the region as a whole,is 15.2 percent for racial and ethnic minorities in Minneapolis and St. Paul. A healthy regional economy is dependent on the economic health of all communities within the region. Part of any regional economic strategy must address private redevelopment and reinvestment in older,distressed parts of the region. The Council's regional reinvestment strategy is described in the next section. As the region works to strengthen the economy,a range of issues to be addressed include: .The challenge of global economic competition. For many,an eroding standard of living make it all the more important for business,government.educators and others to work in partnership to strengthen the region's economy. A regional economic strategy--setting out objectives. actions and organizational roles--is essential to the area's future vitality. •Economic performance.It is crucial to gauge how well an economic strategy is performing,but there is currently no consensus in the region about what specific economic results should be achieved or measured. -Regional infrastructure. Transportation and sewers. for example need to be Government's role is to carefully examined to meet future economic needs and to determine if new kinds invest in "foundations" the of infrastructure are needed. economy needs to grow, adapt and compete. -Local economic development activities. While essential in promoting economic growth,too often cities compete with each other rather than help the region gain as a whole. •Job training.Too many in the work force do not have the necessary work skills to hold a job and contribute to the economy.In addition.the region must consider what skills the economy will need in future years. •A favorable business climate.The region needs to fosters business growth and productivity if its economy is to compete successfully in the g1ob:l marketplace. 9 Discussion Draft •Economic opportunity. In the past, the region's racial and ethnic minorities have not fully benefitted from economic growth. A growing economy must provide greater employment opportunities for people of color,especially those who live in distressed areas of the region. Positioning the Region to Compete A regional economic strategy is an essential component for positioning the region in a world economy.The region's economic future depends on a vital, market-driven private sector in a climate that stimulates business creation, innovation, expansion and retention. Government's proper role is to invest in "foundations" the economy needs to grow, adapt and compete. An educated work force,infrastructure that serves current and future business needs,a stable, equitable tax system and well-balanced regulations are some of these foundations. The role of the Metropolitan Council is to enable the region's business,nonprofit and public sector organizations to work together--from the bottom up. The Council will help form a metropolitan-wide partnership that blends the individual efforts of many groups into an overall cohesive strategy for the region. Regional Economic The regional economy has a powerful impact on the entire state,particularly on Objectives counties adjacent to the metropolitan area.A regional economic strategy must •Above average economic be coordinated with state strategies for fostering economic growth. State growth government plays a lead role with key economic issues facing Minnesota as a *Competitive productivity whole. growth •Reasonable living standard Policy 1.The Metropolitan Council will actively promote development of •Prudent capital investment a regional economic strategy to strengthen the area's ability to compete •Improved employment/ in the international marketplace and improve the standard of living of its economic opportunities residents. •Diversified industry mix Regional Economic Objectives Action Step 1A. The Council will analyze and report regional economic growth and monitor progress toward economic goals. The Council will: -Develop measures that indicate how well the region's economy is performing. As a starting point, five state economic goals in the Minnesota Blueprint developed by the Minnesota Department of Trade and Economic Development will be measures. •Monitor selected outcomes and report periodically on the progress of the region's economy. Outcomes include economic activity in various parts of the seven-county area. •Analyze the effectiveness of the regional economic strategy. Data collected in monitoring economic outcomes will be used. 10 Discussion Draft It is essential to establish a set of objectives as part of a region-wide strategy. Economic objectives developed by the Council will gauge how well a regional economic strategy is facilitating: •Sustained, above-average economic growth, consistent with environmental protection. •Productivity growth at internationally competitive levels. _ -Household incomes that provide a reasonable standard of living. =_ .. Prudent capital investment to ensure economic renewal and competitiveness. . -._ -Improved employment and economic opportunity for all citizens in the region. ; A diversified industry mix to insulate the regional economy from shocks and r4 , . national business cycles. kms- - Regional Infrastructure for Economic Development - � - �1 - 'if - s " ` ` Action Step 1 B.The Council will help ensure that the region has a high- quality,well-maintained infrastructure that is responsive to the needs of business and new technologies. - -ter ` ,_ ..i1. _ '� i Cf� ia III �,� ev f , ' -A 1.1% jj 7 ...,::",:._, - , -I i '/ _ j -_ - FBF ,�— _1' _ ��. •s • ^�- � _ ice_;�. 1 / It7. ' ... f-( 3 The Council will: ' `0'.. •Identify the needs of the region for new infrastructure. Important upcoming decisions include possibly expanding the existing airport or building a new one. making major roadway improvements and developing light rail transit.Possible future needs are a regional telecommunications network.or intermodal linkages of the region's transportation systems to improve the efficiency and effectiveness of goods movement. 11 Discussion Draft •Determine regional needs and financing: -Are needs being met and where are there shortfalls? -Is investment adequate for maintenance and replacement? -Are revenues adequate to make these investments? •Assign priorities to public infrastructure investments with an eye to economic needs.Priorities could be given to investments that would bring a net increase of new jobs to the region or increase exports (bringing new money into the regional economy). .Compare the region infrastructure and its return on investment with that of other regions. 7,,Y4 y .Nit.-- --> 100 � , _ i Itibie m� - Regional Regional facilities play a major role in the economic life of the metropolitan area. i1libtrph, Regional sewer lines and highways connect with local sewer and road networks \ - directly serving business sites.The region's airports connect local businesses to the entire nation and the world.The transit system carries commuters to and from major employment centers. especially downtown Minneapolis and St. Paul. -- `' They represent sizeable infrastructure investments and are important in any economic development expansion. As the chief regional policy agency. the Council determines the long-term - - — ___- direction for many of these regional systems and issues bonds to finance them. As a result, the Council is In a position to ensure that these systems provide strong support for business and to ensure that systems are expanded and maintained to support the region's economic growth. A good business climate depends in part on getting the most value from infrastructure investments.The Council provides stability and predictability in the quality and capacity of the region's infrastructure.Businesses are less likely to select a site for expansion if there is doubt about the availability of key public facilities.In addition.the re_ion's citizens must be assured of the best return for their collective"ir.frastrucr.:re••dollars.A good business tax climate depends in part on getting the most va:::e from infrastructure investments. 12 Discussion Draft Local Economic Development Efforts Action Step 1C. The Council will support local economic development initiatives that foster the growth of local businesses,bring new businesses to the region,retain existing businesses,add to the tax base and generate new jobs for the region as a whole. The Council will: •Coordinate regional-level planning and priority-setting for regional infrastructure investments. Work with local public/private development efforts in targeted Minnesota has "a fairly areas. diverse economy, but the level and growth of new firms .Monitor redevelopment projects in distressed areas of the region,and report the is poor." numbers and types of jobs that are actually created by cities and/or their The 1993 Development Report Card for development agencies. the' States, Corp. for Enterprise Development •Develop strategies with local governments on ways to encourage healthy competition among communities.The result is a net increase of new jobs and tax base for the region. Discourage negative competition (resulting in the shift of jobs or tax base from one city to another) with little or no regional payback. Local economic development programs need to add new jobs to the regional economy,and to encourage investments from existing firms that would add jobs and expand the property tax base.The Corporation for Enterprise Development cites Minnesota for its diverse economy but says "the level and growth of new firms is poor" (The 1993 Development Report Card for the States). Most job growth comes from expansion of existing businesses and creation of new local businesses. Shifting businesses from one part of the area to another produces no net gain for the region as a whole.The Council advocates retaining existing employers and encourages them to expand in place(when space allows) rather than moving jobs around the region. Expanding businesses in existing locations can be difficult and should be assisted (see Action Step 2D). A High-Quality Work Force Action Step 1 D.The Council will work to improve the skills of the region's labor force to meet the current and future needs of the economy, and to strengthen the work readiness of all those seeking employment,especially young and difficult-to-employ people. • The Council will: •Promote an ongoing region-wide dialogue. Partnerships include business leaders,educators,social service agencies,nonprofit organizations and others to draw attention to issues in%olving the education and training needs of a changing job market.changing labor force and changing technolog}.Issues could include: -Education and training resources.Prepare people for the jobs of the future. 13 Discussion Draft -Illiteracy problems in the region. How effective are literacy programs. -Funding differences among the region's school districts.The property tax system,state aids and economic development in the region are inter-related. •Work with the education sector. Include public colleges,vocational-technical schools, the Higher Education Coordinating Board and the Private College Foundation in developing a broad future strategy for the education,training and retraining of a high-quality work force. The Council will help foster a strong working relationship between this effort and the business community. •Initiate collaborative efforts among nonprofits,and state and county agencies. Combine training with other services that support people entering the job market--including transportation initiatives, work readiness programs and daycare services.Also,provide staff resources to help local education providers identify gaps in work-readiness and self-sufficiency programs in the region. -Support efforts to strengthen the educational system's ability.Provide students with the skills and training needed to successfully enter the work force. •Support the efforts of the educational system and private industry. Work cooperatively to create apprenticeship programs to prepare noncollege-bound young people for the work force. •Support efforts to continually update vocational and technical training programs. Match business and industry needs. Any long-range approach to economic growth must address both the creation of jobs and the improvement of work force skills and training. If the region is to capture and hold higher-wage jobs, a well-trained. well-prepared work force with skills for the future should be maintained.Skills include analytical ability, communications abilities, and competency in applying technology. These actions are intended to deal with growing concerns about the quality of the region's work force. For example. according to the Minnesota Literacy Council.more than 500,000 Minnesotans cannot read,write,compute,problem- solve or cope with changing conditions sufficiently well to meet the requirements of adult life. In addition, many children are not getting a good start in life. A growing number of children live under poverty conditions that are producing a generation of future citizens who have may limited productivity and who do not participate fully in the community. The creation of new jobs in deteriorated areas will not guarantee that local residents will have the necessary skills to fill them.An overall effort to raise the job-skill level of the region's work force should include a program specifically aimed at strengthening the job skills of people living in distressed areas. 14 Discussion Draft Percent and Number of Children in Poverty, 1979-89 Percent 60 - - - �1979 MI 1989 I 4 17 50— — — — — 7 3 Tne number of childMen in poverty On 000s)is shown above each column. 30— 3 3 20 111 10 2• 0 -- Asian Black Indian White Hispanic* Racia' Group Ethnic Group 'People of Hispanic ethnicity may be of any race,and are included in racial breakdowns. U.S.Census Bureau A Strong Business Climate Action Step 1 E.The Council will work toward achieving a strong business climate, including a tax and regulatory structure that balances both business and public needs. The Council will: .Recommend strategies for streamlining government regulations (including regional government) that hamper business development, innovation, and competition, based on discussions with business groups and state agencies. .Develop findings from a long-term dialogue on tax climate issues with large and small businesses,local governments and others.Initiate or support a long-term, broad-based legislative strategy to improve the tax climate. Responding successfully to international competition means closely examining all potential barriers to economic growth. Making Minnesota less competitive with other states are its tax system and workers compensation program. The regulatory climate,also cited for raising business costs,has prompted complaints about"never-ending"procedures and requirements that seem unnecessary and nonproductive.Two types of regulations frequently mentioned as problems are environmental regulations.and building and development requirements.While taxes and regulations serve worthwhile public purposes. the challenge is to uncover opportunities for greater efficiency and streamlining. 15 Discussion Draft But because the regional economy has a tremendous impact on the entire state, the metropolitan community needs to explore the issues involved in achieving a strong business environment. However,the business climate is primarily an issue that state government must address. Regional Reinvestment Strategy Introduction • Most of the region's communities are "healthy"--with adequate jobs and services,where residents feel safe and are confident in their community's future as a place to live.But other areas of the region face growing problems,and a few are in the throes of serious decline. The problems of deteriorating areas are varied and complex--crime,dilapidated housing,lack of jobs and adequate job training, spreading poverty, a weakened sense of community. Some areas of the region face Most of the seriously distressed areas in the metropolitan area are in the two growing problems of dilapidated housing, crime, Percent Unemployment in Working-Age Population, 1990 lack of jobs and poverty. SSHOREVIEWJ FRIDLEY BROOKLYN WHITE - BEAR CENTER AREA I 7- I ❑ Lr'u `�\ —1 1 • 1 � ROSEVILLE / -- .,. GOLDEN .-VALLEY - _ MAPLEWOOD L. ~1 ST LOUIS \ -1 PARK _ -. _- _�- rir ~i !___ _.i ST PAUL. - .,�,; ✓ H-- -MINNEAPOL'S 1 .\:.... --EDINA_ _ _ -_-F 1 - ' SOUTH ST. PAUL -- J\• BLO.__ _ _ \.---/-BLOOMINGTON INVER= / EAGAN H GROVE EIGHTS • -' ( - 0-9.9% ._ 10.0.19.9' Mil20 0-50.2% U.S. Census Bureau 16 Discussion Draft Boarded-up Housing Units as Percent of Vacant Units, 1990 S , SHOREVIEW1J FRIDLEYst WHITZ� BROOGYN .• BEA. CENTER AREA J° *_lid IIIII EH ROSEVILLE — GOLDEN VALLEY-' , <..- • MAPLEWCOD J'•-,— ST. LOUIS ' _ PARK r� Er _ ST. PAUL, -MINNEAPOLIS `v' � \ 1EDINA_ I. SOUTH ST. PAUL :--1-1 y�INVER= / iBLOCNINGTON GROVE_ v 1. / EAGAN HEIGHTS ._,,- / ( 0-7.1% 7.2-9.9% MI IC%or owe U.S.Census Bureau central cities of Minneapolis and St.Paul and several older suburbs.There are others--neighborhoods at risk--where conditions are less serious but deserve attention.They can be found throughout the region. It is essential to the overall vitality of the region that all of its communities are places where residents want to live and work. Their well-being affects the region as a whole. In metropolitan areas where central cities have a much lower per capita income than their suburbs. total employment growth is slower than areas where the disparity is less, according to a recent study by the National League of Cities. Another recent study by the Federal Reserve of Philadelphis found that.with few exceptions, the better a central city does, the better its suburbs do. Even if suburban areas do not show the most acute problems of decline. central city decline is likely to be a slow.long-term drain on the economic and socia:vitality of a region. The central cities'w ell-being colors the perceptions of prospective inve>:ors and businesses for the entire region. The region's reputation as an urban center with a high quality of life may suffer, affecting new business development. unless deteriorated areas are revitalized. Further decline will be e%en more d:uicult to 17 Discussion Draft reverse unless the region acts now to deal with problems before they reach the stage experienced by other large metro areas around the country. The region faces several key issues in revitalizing its distressed areas: •Public financing tools. Limited dollars to stimulate and foster redevelopment must be directed to the areas and projects most in need. •Land contamination or pollution. This is a major barrier to reinvestment in the region's distressed areas. -Attracting economic development.Some extremely distressed areas will require multiple incentives to attract development. -Cross-sector partnerships. To accomplish redevelopment, the region needs to build on its successes and promote cooperation, not confrontation, among governmental agencies,the business community and the nonprofit sector. •Housing tax policy and public resources.Encourage and support home ownership and rehabilitation almost exclusively in older, at-risk communities. -Neighborhood vitality. Perceived safety and confidence in an area as a good place to live must be addressed in any revitalization effort. -Poverty concentrations.This is one of the region's most complex,urgent issues. Creating a Climate for Reinvestment The problems of distressed areas require a region-wide response drawing on efforts of business, local and state government, social service agencies and others. A regional strategy is needed to break the cycle of disinvestment and The region needs to draw on create a climate for reinvestment. efforts of business, government, social service The Blueprint proposes a broad range of actions. focused on the long-term agencies and others to break the cycle of disinvestment. strategy of economic redevelopment. The strategy is to: •Focus existing and new public dollars on the region's distressed areas,giving top priority for dollars spent on regional services like transit. -Provide stronger incentives to attract business development for jobs and expanded tax base. •Stabilize neighborhoods that are at risk or in decline, and help healthy neighborhoods remain attractive to current and prospective residents. 'Strengthen programs that help people become more self-sufficient. •Increase people's skills to match job needs: improve transit and transportation to better link workers living in older areas to job opportunities in growing communities: provide wider opportunity for housing choice across the region. 18 Discussion Draft •Eliminate policies that restrict the housing choices of low-income people to at- risk neighborhoods;link economic development with community development in target neighborhoods;and encourage cities and counties to jointly strategize to reduce crime in target neighborhoods. The Council's role is to: •Act through its current authority in land use,transportation and housing. •Promote and support key recommendations for legislation. -Convene various parties to work toward common goals and develop action plans. -Support actions of education,social services and other organizations important to a regional redevelopment and reinvestment strategy in areas where the Council has not been active,or has a limited role and authority. -Study the tax and revenue changes necessary to implement the investment and redevelopment proposals of the Blueprint. Policy 2.The Council will lead a multifaceted, region-wide effort to carry out redevelopment strategies focused on the revitalization of distressed areas of the region, especially commercial/industrial revitalization and efforts to strengthen neighborhood vitality. Attracting Business Development Although the problems of distressed areas go beyond economics, jobs and economic development clearly are a key part of any solution. Jobs that pay a living wage help people escape the bonds of poverty.Jobs generate income that ripples throughout the local economy. New business development stabilizes neighborhoods and strengthens the property tax base. This approach has to be supported by other measures that bolster confidence in distressed areas. REDUCING INVESTMENT BARRIERS Examples of Additional Action Step 2A.The Council will work to remove or substantially reduce Development Costs in cost barriers that make it more difficult to develop in distressed parts of Older Areas the region compared with newer communities. •Razing unusable structures •Pollution cleanup The Council will: •Complex land assembly -Promote a stronger role for cities and/or their development agencies in both site assembly and creative use of existing buildings for commercial industrial redevelopment. Such a role could include making more effective use of existing tools such as rezoning or eminent domain to aid in assembling larger sites for redevelopment. 19 Discussion Draft creating incentives to use a greater proportion of cities'available"development" funds for commercial/industrial projects--to increase numbers of jobs, and continued use of tax increment financing, industrial revenue bonds or other financial tools to underwrite the added costs of redevelopment, and to make older communities regionally competitive. •Recommend changes to the property tax system that would encourage redevelopment and reinvestment, working jointly with local government and others. Areas experiencing disinvestment need to successfully attract economic development and jobs to increase the tax base. One strategy of the Blueprint is to attract economic development to distressed areas of the region, as well as older, underutilized areas, by reducing the cost difference between suburban development and urban redevelopment. Current incentives, primarily lower costs,make it more desirable to develop in the newer,rather than older,parts of the region.Usually the costs are substantially higher for redevelopment than for "first-time"development in previously undeveloped areas.For example,barriers include razing unusable structures,pollution cleanup and difficult land assembly. In Minnesota,as in most other states,a number of public financing tools enable local governments to attract business to their community. One of the most important, according to local redevelopment officials, has been tax-increment financing.Originally intended to help redevelop distressed areas,tax-increment financing legislation has broadened over the years to support low-and moderate- income housing,economic development, and hazardous waste cleanup. The 1980s saw a proliferation of tax-increment financing.prompting concerns by the Minnesota Legislature that the program was open to misuse.In 1988 and later sessions, the legislature imposed a series of restrictions and changes limiting the use of the program. Although the restrictions have helped head off abuses, they made the program almost unusable for redevelopment. State law should be changed to make it easier for distressed areas to use tax- increment financing, and limit its use to redeveloping distressed areas and for low- and moderate-income housing. RECYCLING POLLUTED SITES Action Step 2B. The Council will work with local governments and the Minnesota Pollution Control Agency to put contaminated sites back into productive commercial and industrial use through aggressive use of the Minnesota Land Recycling Act and similar measures. The Council will: •Identify issues, responsibilities and barriers involved in putting contaminated sites back into productive use, working with lenders. :he Pollution Control Agency. developers and others. 20 Discussion Draft •Consider creation of a metropolitan enterprise fund.which could be used for a wide variety of revitalization purposes--for example.cleanup and acquisition of contaminated sites, site assembly, housing rehabilitation, increased owner- occupied housing, and diversifying the job base in distressed areas. •Support the use of tax-increment financing for cleanup of polluted sites in deteriorated areas. •Support changes in federal and state laws to establish various standards for defining "clean" sites, based on their intended future use. Use of these sites would be spelled out in cities' land use plans. Contaminated Sites on State Priority List and Federal Superfund List .r— State priority site • INSite elicible for ■ ANOKA �7 federa funding � r WASHINGTON HENNEPIN V * ! .b c� i 104, d � /�, R.A M1 S E I up. St. Paul � � ��!nneapoli; MOAN% CARVER SCOTT a DAKO- r R Minn. Pollution Control Agency, U.S. Environmental Protect on Agency Discussion Draft A major deterrent to reinvestment in distressed areas is polluted sites.Businesses usually avoid any location where they could become liable for future environmental cleanup.Federal and state Superfund laws impose strict liability for cleanup costs on all companies found responsible for a site,and the costs of determining responsibility and planning the cleanup are high.Even if a potential developer could be found,lending institutions are rarely willing to lend money for projects on such sites.When these sites are not developed, the community loses jobs and tax base. The federal Superfund cleanup program has too few dollars to pay for cleanup at all designated sites. Moreover, hundreds of contaminated sites have been identified in the region that do not qualify for Superfund money,most of them in the central cities and older suburbs.If the region hopes to see local polluted sites recycled,it must take action itself. There are two major issues related to regional action.Financing cleanup is a key one.A second issue is:how clean is"clean",and who determines that--state or federal agencies or both?A safe level for a factory could possibly be`less clean" than for houses or a playground.Many toxic wastes are not amenable to current cleanup methods and are difficult to remove completely. The new state Land Recycling Act allows companies to clean up polluted sites and proceed with new economic development, with protection from liability. This law is a beginning, but the region still needs to allow different levels of cleanup,depending on the proposed use of a site. TARGETED ZONES Action Step 2C.The Council will explore the creation of targeted zones in areas of greatest need in order to focus attention and resources,working within the newly created federal "empowerment" program. The Council will: •Encourage the participation of local governments in the federal empowerment and enterprise program to foster new investment and the hiring of local residents. In the 1980s the idea of enterprise zones drew increased national attention as a way to strengthen areas with a long history of poverty,lack of jobs and physical deterioration.With financial tools such as tax credits,grants and tax abatements. enterprise or `opportunity" zones are intended to attract new empoyers tha: would draw heavily on area residents as workers. The U.S. Congress recent' established a national program,but has not yet provided appropriations.To have a good chance of success. financial incentives will have to be combined wit`: other resources to stimulate development. COOPERATION AND INFORMATION-SHARING Action Step 20.The Council will work with communities in developing and carrying out redevelopment plans by making sure that regional services Discussion Draft and facilities support local actions,by being a catalyst for focusing action on critical needs and by providing local planning and technical assistance. The Council will: •Provide technical assistance to cities,especially those with limited resources, to carry out redevelopment"models"that could be adapted to local needs and conditions. •Promote information-sharing among and within cities about successful redevelopment methods,and programs to stimulate new business development and economic revitalization. •Create a task force of developers and local officials in planning, zoning and redevelopment to determine the impact of development regulations on redevelopment efforts.The task force would make recommendations or develop a model process to improve local redevelopment procedures and practices. •Carry out small-scale demonstration projects to illustrate the merits of redevelopment models, and to further identify strengths and weaknesses of redevelopment options.Funding could come,for example,from foundations or possibly from federal transportation funds, where the project is part of transportation improvements. •Promote a climate of cooperation and collaboration whereby public,private and nonprofit organizations work toward common goals supporting redevelopment. -Hold a regional forum involving local community leaders that would meet regularly to discuss mutual goals and objectives,and ways to collaborate to achieve them. -Encourage local governments engaged in redevelopment to identify regulations and procedures that impede or slow redevelopment and take action to streamline them.Encourage them to adopt the recommendations or models developed by the task force discussed above. •Develop ways to facilitate business expansions and land assembly for redevelopment, working in partnership with local governments. Sharing information about successful redevelopment projects can help cities develop new marketplace niches, identify their strengths and build on them. There are good examples in the region that others could learn from--among them,the Phalen Corridor Redevelopment Proposal developed by the City of St. Paul with assistance from the University of Minnesota College of Architecture, and a plan prepared by the City of Robbinsdale for redevelopment of its downtown. Greater public-private cooperation is also a factor.Local approvals and regulations can sometimes slow or even halt a redevelopment effort.On the other hand.the city and its residents have the right to scrutinize a development that will affect 23 Discussion Draft them.Government officials and private developers need a better understanding of each other's point of view. Strengthening Neighborhood Vitality Older areas can keep and attract new residents by offering housing stock in good condition, parks and playgrounds, shopping and other services, and the basic requirements of confidence and safety. Any strategy to reinvest in the region's distressed areas must work to rebuild confidence in the future of neighborhoods. That means strengthening neighborhood stability and vitality.Of most concern are those neighborhoods with the highest crime and unemployment rates. TARGETING HOUSING PROGRAMS Action Step 2E.The Council will support targeting public funds for home ownership and rehabilitation programs for owned and rental housing to older, at-risk or deteriorated areas. The Council will: Housing Units Needing .Explore creation of a metropolitan enterprise fund (mentioned on page Major Repair which could be used for a wide range of revitalization activities, including Minneapolis&St. Paul 25,700 housing rehabilitation in distressed areas and increased owner-occupied housing. Older suburbs(12 cities) 11,500 Developing suburbs (21) 3,300 •Support legislation to restrict federal and state-financed or-authorized home Rural towns(27) 600 ownership and housing rehabilitation programs and federal tax credits to areas 1992 Council survey of 117 cities. of greatest need. Such legislation would: -Limit use of state mortgage revenue bond authority for home ownership programs to areas meeting specific criteria that indicate severe distress. -Target housing rehabilitation programs of the Minnesota Housing Finance Agency and the federal government to areas meeting similar criteria. -Examine state property tax laws to determine how to remove disincentives that discourage improvements to rental properties without imposing undue additional burdens on homesteaded and commercial-industrial properties. Below-market-rate home loans are available to first-time home buyers with low- and moderate-incomes through the Minnesota Housing Finance Agency(MHFA) and local housing and redevelopment agencies (HRAs). State law currently requires that these funds, for the first 10 months of each year, be used only for existing housing or to redevelop existing housing. While this represents a step in the right direction, these programs should be focused further on areas of greatest need. Another issue is home maintenance and rehabilitation. a crucial part of halting neighborhood decline and restoring a city's tax base. Older housing requires regular attention to maintain residents' confidence in the neighborhood. Many houses in the central cities and their older suburbs are in basically sound 24 Discussion Draft condition but need repair. According to a 1992 Council survey of 117 cities, Minneapolis and St. Paul have 25,700 units needing major repair; 12 older suburbs have 11,500 units; 21 developing suburbs, 3,300 units; and 27 rural towns,600 units.In addition,thousands of apartment units built in the late 1960s need to be rehabilitated. In some cases, the structures are beyond repair, and should be cleared to create open space or make way for new housing or other development.A major obstacle to maintaining rental housing in good condition is very high real estate taxes on rental property.Property taxes are the highest operating cost for rental property in the Twin Cities and in Minnesota,representing an average of 20 percent of rental housing operating expenses,far higher than in most other U.S.cities. Property taxes are the highest operating cost for Even with a sharpened focus, these programs will not have enough funds to rental property in the region and the state. sufficiently strengthen deteriorating areas.Additional dollars may be needed as part of a multipurpose metropolitan enterprise fund. INCREASING CONFIDENCE IN NEIGHBORHOODS Action Step 2F. The Council will support ways to make declining neighborhoods more desirable places to live by working with local governments having extensive declining areas to find more comprehensive, effective, long-lasting solutions. The Council will: •Promote wider use of successful neighborhood-level planning models to create a sense of community and preserve the area's assets and amenities. including parks, shopping areas and services, and other desirable features. Actively participate in discussions about issues affecting the quality of education provided by schools in central cities and older suburbs,and the potential role of schools as neighborhood centers for community programs and services. .Explore programs that can help preserve residents' investment in their homes and help preserve stability in home values. For example. an equity assurance program similar to the one used in Oak Park,Illinois,reimburses owners if they sell their house for less than the home's appraised value when they bought it. While home ownership and housing maintenance are important to the image of a neighborhood, other factors also affect its future. Confidence is the key to neighborhood preservation because it leads residents to make financial investments in their property and neighborhood and feel pride in living there. Further. lenders will direct their investments to neighborhoods in which they have confidence. Many older areas of the region have much to offer--parks.lakes,architecturally interesting housing. good transit and freeway access, and proximity to jobs. However,the perception of the older areas as a good place to live or invest in is generally not as high as for newer suburban areas.As the rezion has increasingly experienced "big city" urban probems, homeowners may question their 15 Discussion Draft neighborhood stability, and value of their home on the open market. While the majority of residents in older communities are doing well,the number of households in poverty is increasing. Poverty is highly concentrated in a few but growing number of neighborhoods at the region's core.Some neighborhoods appear to be caught in a self-perpetuating cycle that fuels property disinvestment, concentrated poverty and ultimately social and economic decline. Racial and ethnic minorities are more likely to be poor in Minneapolis/St.Paul than in other U.S.core cities.A significant number of households are headed by single parents (many of whom are not in the labor force).A household with only one adult is more vulnerable to economic setbacks,with the children more vulnerable to the physical and emotional stress of poverty. Crime Rates for Violent Offenses* in the Twin Cities Area, 1992 (per 100,000 population) 2X a• e - xa<CM .av:s .Sr *Murder, rape, aggravated assault and robbery. Offense data from Minn.Dept.of Public Safety and from Minneapolis and St.Paul Police Depts. Population data from the Metropolitan Council. Research shows that strategies must simutaneously address both economic/ business and community development to be effective.Hopelessness,anger and crime may develop in a community that does not offer future opportunities for its residents. The region cannot afford to ignore the families and children in neighborhoods at risk, nor do we want to see their individual investments (in homes and businesses) destroyed. Neither does the region want to waste the investment in public infrastructure in these areas. Public and private interests must work together to make all neighborhoods livable and attractive to people --places where residents are willing to inves:in building and maintaining homes, businesses.jobs and schools. Another important factor affecting where ^eople choose to li'e. for parents of school-age children. is the quality (or perceived quality) of schools their children will attend.Perceptions about the c.:ality of schools in Minneapolis and 26 Discussion Draft St. Paul can lead families to decide to move to suburbs where the schools are considered better.Schools can also be considered a resource to foster a"sense of neighborhood" in the central cities. They can serve as a focal point for neighborhood activities like community programs and services. POVERTY CONCENTRATIONS Action Step 2G.The Council will support actions to improve conditions in areas where poverty is concentrated, especially efforts to broaden economic and housing opportunities inside and outside those areas and to improve accessibility to job, housing and training opportunities. The Council will: •Support the efforts of communities to help rental property managers become a conduit for information that helps residents find services in the community that promote self-sufficiency (information about employment counseling, job training,job placement), and promote successful local initiatives with other communities. •Encourage efforts to base support services in neighborhood- or community- based locations,such as in schools or community centers convenient to transit, rather than in downtown locations. •Support neighborhood,city and state efforts that assist people to achieve self- sufficiency--for example, employment and service combinations that work toward this goal. •Support efforts to provide renters and first-time homeowners with skills and information on how to maintain their apartments and homes,such as private and nonprofit management groups and the U.S.Department of Housing and Urban Development financial and home maintenance counseling. -Support improved access to employmen: opportunities for residents of areas experiencing disinvestment. The Council will advocate for and support improvements in the regional transit system that provide higher funding priority for transit, especially reverse-commute and suburb-to-suburb transit improvements. -Work with local governments singly or in"clusters"to revise the comprehensive plans of each community within the urban service area to plan for a diversity of housing types and costs that meets residents' needs at all stages in their lives. -Give priority for regional infrastructure investments or expenditure of public dollars to communities that have implemented plans to provide their share of the region's low-and moderate-income and life-cycle housing opportunities.Work with local government to develop measures of progress toward meeting housing goals,whether achieved individually by communities or through participating with other communities in a multicommunity "cluster." 27 Discussion Draft •Seek changes in state law to eliminate requiring a"one-for-one"replacement of low-and-moderate-income housing units,or seek state legislation to prohibit the building of such replacement units in areas of poverty concentration or areas experiencing disinvestment. •Work with the Minnesota Housing Finance Agency and the U.S.Department of Housing and Urban Development to target new public dollars for rental housing production and rent assistance for low-and moderate-income households to areas that do not have concentrations of poverty but do have transit service and employment opportunities. Poverty in the Twin Cities region,as in other U.S. metro areas,is concentrated in the older parts of the region--especially in the core areas of Minneapolis and St. Paul(a central area surrounding the downtowns).In many parts of the core area,poverty has persisted for decades,and it has deepened--and spread--over the years. Concentrated poverty has been associated with high levels of unemployment among males,high school drop-out rates,high dependence on welfare and other public assistance,and higher-crime rates.The result has been loss of economic productivity, increased costs for public assistance, health care, and safety/ security, and a weakened ability of traditional public schools to effectively educate children. These complex issues mean that improving the physical infrastructure,though necessary, will not be enough to make a real difference. Dealing with concentrations of poverty must recognize other problems affecting the lives of people. One approach to alleviating the effects of poverty is to improve conditions within areas of high poverty concentration. That would include creating jobs, upgrading housing conditions, and adding stores, services and community centers in the neighborhood. A second approach would provide additional housing choices in suburban locations, where educational, job and other opportunities can improve conditions in people's lives. It's important to note that. especially in suburban locations, people without cars need to be close to good public transit and jobs, or access will be a significant problem. A third approach involves providing ways to help people make connections to opportunities in other parts of the region. No single approach will work: a combination of all three is necessary. Addressing issues of poverty concentrations will require a multifaceted approach to be successful. In some areas, such as encouraging affordable housing in suburban locations, the Council has authority to require local governments to prepare plans to provide for a variety of housing types and costs. In other areas, such as education,social services.and the criminal justice system. the Council should work in partnership with other levels of government.other organizations and the private sector to address these complex issues and help bring about positive change. 28 Discussion Draft Twin Cities Metropolitan Area Percent of Persons Below Poverty Level, 1989 (Census Tracts Above Metropolitan Average) `,%'fs:. CoonRapids '`:`: ` i Blaine !�_ �b I ; - r- t \ ; . . c •\ BrooklynPark Shoreview White \ Bear s, \ i F idley Lake �,, t; / t -t_: -i.:::::::,„..-.., -..'--'. , Mai - ' v- mr:Olftili 4 ;,...., a Plymouth am org_41 Ell• Roseville I alta z • 1 ,,, Gctden -�_ vaI'ey voris___ ,Iri,-.. -,;i...: :, ;.;:::ition . _ e.:::.. ..Z.,:::-Tz.,:7, ..7...,.....,sr . . ,..:!,.,:::.,:;::. :::::.'...„.....— . : :fig rter.,.,0 ' ,„,.: �. ......2„. ,,,. `; Sl`PAU#,. '.! - ' AMPLS. < V ' Ea:`/ L Edna _ :� • Woodbury ka Eagan . . L� /' _ /!�— i EdenPrairie_ elcorr.I-;con _ - Shakopee ` r- — `—A;:leValley Burnsv a I ril i 27.7%-766% 13.8%-2"7% St% 13.8% p i y ; Highest decile . Second ;rest decile Remaining tracts above regional a•:erage' t— 4 t7.---/- - Metxc.+an Co :...- Sowx -S B.'ea6 of:- ansas.'99C ',acs'CI Y a.-_5'2 CO*tot s-.:.- map 29 Discussion Draft Regional Strategy for Guiding Growth Introduction Regional services like highways,transit, sewers and airports play a key role in supporting new development,and regional reinvestment for providing services efficiently and effectively.The costs of public services are ultimately passed on to businesses and households by way of taxes and user fees.These costs are apart of the overall economic climate in which businesses operate.Trends indicate that Regional services like fewer federal and state dollars will be available to pay for regional facilities, highways, transit, sewers and airports support new making it all the more important to invest those dollars wisely. development and reinvestment. The Council has authority to plan for regional systems, which include sewers, transit, major highways, airports and regional parks. It also plans for other services that are not considered"systems"but are nonetheless important to the region,such as water supply and solid waste management.The Council works with providers of other major services--such as telecommunications,electrical power, rail lines, and river barges to make sure the region has the facilities it needs to grow and develop. The effectiveness and efficiency of public services go beyond regional facilities. Local governments are responsible for a range of public services and land use decisions that affect the provision of those services, such as housing, redevelopment projects. environmental protection, and transportation. These local decisions play an essential role in meeting not only the needs of the community but also, the region. The challenge of guiding growth poses a range of issues: •The timing. location and capacity of regional facilities. Sewers and highways must be coordinated with new development to make sure services adequately • ` meet development need_ at reasonable cost. .' :--i --�_ -1,1 •The urban service area. Generally there is sufficient land to accommodate '- �_. a development until the year 2005,but the Council needs to monitor development trends and verify its land estimates with local communities. `r 1. ••Linkin transit to high-density development.The g g y p region needs to create more __ - ' _ • "people friendly" environments in combining transit improvements to _ _.........:.L.. ._. - development. M6—.4)1"-- "1!.•L •Flexible, better coordinated planning. Many regional issues require a flexible approach that recognizes the diversity among different parts of the region.There needs to be better comm.nication between adjacent communities and with other levels of government to:oordinate planning and solve regional and local issues. •Targeted public investments. When dollars are limited for investments in regional facilities, where should they be tar2eted--in growing communities or 30 Discussion Draft older urban areas? •Urban sprawl into rural areas.When urban development encroaches into rural areas,it can create demands for costly services,jeopardize the rural life style that attracted many people to the area in the first place, and consume prime agricultural land. •Special,one-of-a-kind facilities.The Metrodome and Mall of America have an impact on regional systems such as highways,transit or sewers.Special facilities such as these that are proposed for the region should be evaluated to determine whether they are built in the most appropriate locations and at the right scale for the region. Also,programs that draw on regional funds should be reviewed. •The debt burden for regional facilities.Sewers,transit and other investments are possible new major projects. Setting the Direction for Guided Growth The Council sets direction for regional systems,financing for systems and land- use planning by local governments. The Council is in a unique position of overseeing major regional facilities that are part of the underpinnings of economic and development activity.It sets the direction for the timing, location and capacity of regional systems, and issues bonds to finance capital improvements for several regional systems. The Council also sets the direction for land use planning by local governments under the Metropolitan Land Planning Act. The Council coordinates the delivery of regional services and extension of services into newly developed areas. Good fiscal management of regional facilities assures that the debt for these facilities is not a burden to the region. Maintaining and upgrading existing facilities in the urban part of the region and effectively managing these facilities is necessary to preserve the regionals large financial investment. With local communities. the Council works to comprehensively examine not only the factors and forces affecting their communities today but those they will face in the future.Many important issues regarding natural resource protection, economic development.redevelopment,shared services and fiscal impacts are not addressed or adequately dealt with now in local comprehensive plans.Also, • many issues that directly affect a community--like transit, the upgrading of a highway or library service--need to be planned with adjacent communities and other governmental units. The Council's role is to: .Guide development into areas that have regional and local services available and promote new development to occur adjacent to existing development. .Establish comprehensive land use guidelines that address: 31 Discussion Draft -Sharing and restructuring of government services. -Coordinating development with infrastructure investments. -Diversity of housing prices,types and locations. -Incorporating planning for environmental preservation into the development process. -Job creation and economic development. -Impacts of development on services(police,fire, local roads,schools). -The interrelationship of jobs, housing and transportation. •Make more efficient use of local and regional infrastructure by selectively increasing the density of development--for example,by intensifying development along certain transportation corridors or by filling in vacant land parcels. Policy 3. The Council will ensure that regional services and facilities under its jurisdiction are provided cost-effectively to support development and revitalization in the region.The Council will work with the providers of other important infrastructure to make sure the region has the facilities it needs to grow and develop. An Urban Service Area and a Rural Service Area Action Step 3A.The Council will provide regional services for urban-scale development within the urban service area, including the freestanding growth centers, consistent with local comprehensive plans that meet Council objectives for regional investments.The Council will provide only those services in the rural service area that do not promote urban development,except for services that meet a regional need as determined by the Council. The Council will: •Ensure there is sufficient developable land in different portions,or sectors,of the urban service area to: -Meet regional demand for economic development. -Have a balance of opportunities for residential(single-family and multifamily) and commercial-industrial development. -Have reasonable amounts of land for commercial-industrial development. -Prevent an artificial increase of land prices. -Discourage leapfrog urban development into the rural service area or adjacent counties. •Require local governments to show in their local comprehensive plans how they will provide services when new development needs them. •Seek changes to the Metropolitan Land Planning Act to require that local governments periodically update their comprehensive plans. •Consider ways to deal with unplanned development that leapfrogs beyond the seven-county area. in cooperation with represen:atives of adjacent counties. 32 Discussion Draft Minnesota and Wisconsin state agencies and regional development commissions. In the early 1970s the Council divided the region into two areas for planning purposes.In one,the urban service area,the Council supported urban growth and provided regional services.In the rural service area,urban development was not allowed. Regional services include central sewer and large-volume sewage treatment, higher-capacity highway improvements and more closely spaced highway interchanges, and other facilities. Metropolitan Urban and Rural Service Areas „w, 1992 Urban Service Area • Freestanding Growth Centers I • Rural Centers ANOKA Rural Service Area , _ ---,-:•31 411-16 s � � x - _- = ,' WASHINGTON HENNEPIN _-, C- z `- - RAMSEY 1. — _-- _IMinneapolis --' J -- = .-( . St. Paul . •'� '_ --*--0 _ ,, CARVER_` _- 0 ) - . I SCOTT ' -~~IDAKOTA ft OF r•----' 33 Discussion Draft The reasons for the urban service area are still valid today.The urban service area helps ensure that urban services are provided in the most economical way to the region.It is more cost-efficient to provide regional services to development that expands incrementally from existing development.Also,focusing development in an urban service area protects agricultural lands and preserves the option of a rural lifestyle.While growth continues in suburban areas,the Council and local government must work to ensure the continued stability and maintenance of the older areas of the region. The region has a diverse mix of different kinds of residential development --ranging from apartment buildings and clustered townhouses to rural homes on sizable acreages,from suburban and central city houses to semirural homes on large lots.This diversity offers the region's residents a wide range of lifestyles and settings.However,not all of these choices are amenable to providing urban services cost-effectively.The urban service area is a mechanism for making this distinction. Most of the urban service area consists of one large,urban-suburban area in the central portion of the region.A number of cities lie outside this area but are also considered a part of the urban service area.These freestanding growth centers are locations where regional growth is encouraged and are the focus for growth in the rural area.The Council is committed to providing regional services to these cities under the same conditions as cities in the larger portion of the urban service area. The Urban Service Area Boundary Action Step 3B. The Council will retain the current urban service area boundary, making appropriate changes after verifying land demand and supply with local governments along the boundary line.The Council will make changes in the current urban service area boundary consistent with regional policies.local plans to stage growth,aggregate land demand and supply within regional sectors and clusters of communities. and the capabilities of the regional systems. The Council will: Improve the quali:y of its land use information,working with local communities individually, including freestanding growth centers, to review and update the data. •Reexarnine the boundaries of the urban service area each time new forecasts of population, house olds and employment for cities and townships in the region are adopted. •Monitor and regularly publish data on vacant. developable land in the region. land use residentia:.commercial,industrial)and housing market trends.including home values and rental prices by community. •Establish formal agreements with all local jurisdictions for changes to.he urban 34 Discussion Draft service area boundary,including freestanding growth centers,to address these factors: -Integrate regional and local plans for highways, parks, schools, local sewers and other investments. -Ensure housing is available in a variety of types and prices for current and future residents of the community. -Preserve environmental resources. •Focus the expansion of regional sewer service to local governments that currently have some regional sewer service. •Determine a community's need for urban service area changes in lig it of land demand and supply within larger sectors.Changes to the urban service area in the aggregate will be considered instead of on a first-come,first-served basis. •Better inform and educate local communities about how growth affects the demand for local services and the fiscal impact on the local government. Dates When Sectors Are Expected to Run Out of Developable Land,Based on Preliminary 1993 Estimates 2009 2015 ANOKA _ a 2020+ 1992 Urban Service 0 �~ Area AM 2007 1 WASHINGTON m� ■ lop im p _ ps RAMSEY 1. r o fa,Or- � �tinneapOEisSt Paut j2017 0 ; ,` t MN&A_ _ 2015 CARVER S•611- SCOTT u ❑ I DAKOTA 2009 0 I 2012 1 ' Discussion Draft Council land use data shows no overall need to enlarge the urban service area before 2005.Originally the supply was considered large enough to accommodate an ample amount of development without many expansions. However, some sectors may run low on developable land sooner.The Council thus recognizes the need to review land use data with each community. Council estimates of land supply assume that the region will continue to develop according to current trends in density and geographic patterns.The Council does not expect that development will occur evenly across the region. Because long-range forecasting is difficult and involves uncertainty,the Council will monitor development activity at regular intervals and evaluate land availability periodically. Land Use and Transportation Action Step 3C. The Council will promote higher-density development along selected transportation corridors where major transit capital investments are made,or at major transit transfer points(transit hubs and park-and-ride lots), and guide a portion of the region's future growth to such corridors and locations. The Council will: •Combine regional transportation improvements with land use strategies to encourage more direct links among housing, jobs and transportation and to reduce heavy dependence upon the automobile. •Actively work with local communities to identify underutilized lands and other opportunities for increased-density development and redevelopment along transportation corridors. Work with existing or proposed major transit capital improvements or at major transit transfer points. •Take a lead role in working with local communities to ensure that they adopt land use policies,urban design practices and zoning controls to support transit- and pedestrian-oriented development,including higher density and mixed use development.Integrate local activities in engineering and design plans from the beginning of transit project development. -Develop pricing methods for the transportation system that would encourage use of transit facilities (example: parking fees, "congestion" pricing). •Initiate discussions with areas adjacent to the seven-county area to explore transportation, land use and development issues of mutual concern. A portion of the region's future growth should be guided along transportation corridors to support development that is"transit friendly"and bicycle/pedestrian- oriented.In the older,developed portions of the region.such an approach would support not only neighborhood revitalization efforts but also strengthen commercial and employment centers. In all areas, including the fast-growing 36 Discussion Draft suburbs,a transportation/land use strategy would,over time,provide a number of significant benefits, including: -Less consumption of land. -Reduced traffic generation. -Less need for and less costly urban services. -Higher-density development along transportation corridors. -Less air pollution. -Reduced energy consumption. -More human-scale urban and suburban living environments. Transportation Corridors for Focusing Higher-Density Development ANOKA I i,:e:i — No. _ N HEN It Ni. ,---,---- r__ 1----7 , ''''' /I- ,WASHINGTON." - ? I } 1 -RAMSEY _ i Ly 3a f :— —44;7= �ca"1�I Zig::;r ki sw s ti"36f i)-11 N - .� =✓yj =St. Paul - — " Milinea lis .....1 __......mei=le A*if mr—zsat ININ.on. 17•--1 r- — ,_ 2...,..,T- ` � _ .35 W ' Cil .mss_ tt it ' EK �- —__-_ 11 / DAKOTA } C11---\-4- SCOTT 7 -- 1 — —�` - - Existing Recommended Proposed LRT HOV Lanes HOV Lanes Corridors 37 Discussion Draft The Council has identified a number of transportation corridors where major transit capital investments, in the form of light rail transit lines or high- occupancy vehicle lanes, will be made. To maximize development and redevelopment opportunities along these corridors, local units of government must be involved in efforts such as developing specific improvement plans (including the necessary regulatory and zoning changes),assembling or acquiring sites, removing substandard or underutilized structures, cleaning up polluted sites, and providing financial incentives. In addition,the Council has identified other key transit capital investments such as transit hubs,intermodal facilities.and park-and-ride lots.These facilities can also become a focus for local development/redevelopment efforts. Transportation routes have stimulated the growth and development of areas just outside the region.Development and transportation issues involving the Twin Cities region and adjacent areas should be jointly discussed and analyzed,and potential solutions recommended. "Cluster" Planning Action Step 3D. The Council will promote a flexible, "cluster" planning process whereby local communities and other governmental entities can work together to resolve issues of regional concern in ways that are tailored to the needs and concerns of those involved. The Council will: •Provide increased planning assistance to local governments and "clusters" of communities to help them achieve regional goals. •Work with local governments to achieve greater efficiency and effectiveness in local services through shared arrangements and service redesign. •Revise and streamline guidelines for reviewing local comprehensive plan amendments."metropolitan significance"rules,metropolitan system plans and other policy plans to reflect a cluster planning approach. •Work with local governments and housing interest groups to foster the efficient development of housing that reflects the unique geographic. political and societal conditions of suburban communities. The Council believes that-cluster"planning can encourage innovative solutions that are tailored to local area needs and resources while meeting regional objectives.These clusters could involve communities that are located within the same transportation corridor,that share a common natural resource,watershed or river corridor location, that are part of the same housing market area or face similar problems--for example, environmental remediation or redevelopment projects.The issues can even link parts of the urban area with those in the rural area or adjacent parts of Minnesota or Wisconsin. 38 Discussion Draft Priorities for Regional Investments THE EXISTING URBAN AREA Action Step 3E. The Council will give top priority for funds for regional systems to maintaining,upgrading and replacing system facilities serving existing urban development to make the best use of investments the region has already made. The Council will: -Determine the needs for maintenance, replacement and upgrading of infrastructure in the urban service area,especially in older areas.This examination would be part of the general examination of infrastructure needs in the region (see Action Step 1B under"Regional Economic Strategy"). •Examine the combined infrastructure plans of regional agencies and the metro highway plans of the Minnesota Department of Transportation to make sure they provide adequately for maintenance and replacement of facilities in the older parts of the region. •Ensure that plans for regional systems, especially sewers and transportation, carry out this priority. The existing urban area represents an investment in regional facilities that should be maintained.The developing area,accounting for much of the region's new growth,should be provided with facilities to serve its needs.When regional funding is adequate, meeting the needs of both areas is not a problem: when funding is especially limited, the region must target decisions. A prudent policy is to build on existing investments and keep the facilities already serving urbanized areas in good conditior.. Investingg to support new developments at the urban edge would have a secondary priority. For some regional systems such as sewers and highways,facilities in the already urbanized area provide the necessary links between the developing area and other parts of region. 39 Discussion Draft Regional Systems: Transportation, Wastewater, Aviation and Parks Transportation — Metropolhan hnghway system E. area st ser"ce \ .--' Wastewater Treatment ANCKA = r` I• __7 iil `13 J wASHINGTON MWCC interceptors HENNEPIN Way. -,•R64SEY a MWCC wastewater � gi _ P agtai� ,,. treatment plants - \ ANOKA alpkiiiialib ___ f >: 4 Willwohoom _ ' „..T.,_. I 4 WAShINGTON = ���� HENNEPIN - `� - CARVER a -r=! �.�� �fil __ ,. _ „.7-' ” •.7.,ff•i di .. - `= 7' __I -4/ 40„,giplr - Ing ..‘ lidb-,. iLbOrl --. .011 : i _DAKOT-A _ _ - •;, , � SCUT _ J� T-- t l y - CARVER-z - /1 - �' ✓ 1/ . - F - — 7 Shaded transit area includes fixed-route service;specialized transit SCOTT services such as Metro Mobility;and community-based programs. — I - _ _ Outside shaded area are county and rural transportation programs. DAKOTA r H Aviation ANOKA Parks - MSP International A,rpor. — A Reliever = Anoka Co./Blaine . _ airports Y - Existing regional _) parksioark reserves WASHINGTON SC Proposed regional I _r 9 parksioark reserves - — HENNEFI� - --- C_,---1.= , ANOKA _ } L 'ti 'Lake Elmo — Ezist�ng regional Crystal '_ Alc, trails - t -_- -JAMSEY gal• N-4 ",r,�MmnsaPolis I Proposed regional - tra.ls " W45HINGTON MSP International �• '-' _ HENNEPIN - — — l • Flying Cloud- .St. Paul Downtown __•! ! �. - RAMSEY_ - CARVER-7 }- - Mpts�- x - Air/ake -c rE w 3 ': ._ Ie SCO-- - `® CAKO-_ _. •` t ,rte a - Ea CARVER-- SCOTT DAKO7= r 40 Discussion Draft MAJOR ECONOMIC DEVELOPMENT PROJECTS Action Step 3F.The Council will give special consideration to investments in regional facilities to meet the reasonable needs of major new economic developments, including business expansions of local companies. The Council will: •Include provisions in its regional system plans allowing expansions of regional systems to accommodate major new economic development, provided it is consistent with the Council's review of special facilities and regionally funded programs. Jobs and a growing tax base are critical to the continued growth of the area and its valued high quality of life. Most economic development occurs fairly gradually and can be supported with the usual level of investments in regional facilities. Occasionally,an economic development project comes along that will create a very large number of jobs and represents a very large private investment--for example,the Saturn automobile plant of the early 1980s.If a facility of similar size and scope required additional sewer capacity,better road and transit access or even improvements to a reliever airport,the payoff in new jobs and taxable property could outweigh costs of expanding the regional systems. The Rural Service Area Action Step 3G.The Council will not support extensive development in the rural service area. However, the Council will support low-density residential developments at densities of no more than one unit per 10 acres,with a maximum of 64 units per 640 acre parcel(one square mile). It should not affect prime farmlands or areas certified or covenanted as part of the agricultural preserves program. Appropriate rural land uses must meet all environmental quality standards, not require urban-level support services, and be of a scale to serve local market demands. The Council will: •Limit exceptions to the rural area policy for local governments that cannot meet the policy to use already platted subdivisions or land development. Revise its wastewater treatment and transportation policy plans to recognize that cumulative negative impacts of small-scale development may have a substantial impact on or constitute a substantial departure from these plans. Encouraging growth within the urban service area limits growth in the rural area. A substantial amount of development in the rural service area can lead to premature and costly demands to extend regional services like sewers and expand facilities like highways.It does not take advantage of regional investments that have been made in the urban service area. 41 Discussion Draft To preserve the rural character of the area and minimize the demand for local services,development should occur at very low densities and should minimize conflicts with those who depend on agriculture for all or part of their livelihood. People then can still enjoy a rural lifestyle, with a home "in the country" near nature and away from urban life. Local governments can maintain low densities in several ways. The Council encourages"clustering"housing units on smaller lots and keeping the remainder of the land parcel in open land.Clustering can help preserve natural features like wetlands,lakes,and wildlife areas or help avoid soils or topography that are not suitable for housing units with on-site sewage disposal systems. The Council also encourages local governments to use performance standards(for example, suitability of soils for an on-site system)to determine appropriate lot sizes for rural areas,rather than to rely on a uniform minimum lot size. Examples of Ways to Meet the Council's Rural Density Clustering Standard 640 Acres 640 Acres Housing Cluster: Housing 14 Units Agricultural Cluster: Land 20 Units Agricultural Land ;'�Housltig Housing _ Housing Cluster Cluster: r Cluster: X64 Units 20 Units 10 Units 4 1 Mile On-site sewer systems must meet Council requirements. 4? Discussion Draft LONG-TERM RURAL USES Action Steps 3H.The Council will support agriculture as the primary long- term land use in the rural service area.The Council will give priority to the protection of those prime agriculture lands most capable of supporting long-term agriculture production,specifically"prime farmland"or Class I, II, Ill and irrigated Class IV soils. In a prime farmland area,the Council will support a density of one housing unit per 40 acres if the housing unit is part of a farming operation. The Council will: •Protect lands that are"prime farmland"or land with Class I,II,III and irrigated Class IV soils according to the capability classification of the Soil Conservation Service and the county soil survey. •Make the protection of prime farmland soils a consideration or priority for urban service area expansions and local plans. •Consider a study on rural/urban issues in Anoka County. A common misconception is that agriculture and other rural land uses are only temporary,waiting for the land to be developed.Most of the rural area will not be needed for urban development in the foreseeable future.Agriculture and rural land uses are legitimate and permanent land uses in these areas. One of the region's prime natural resources is its productive agricultural soils. The current Metropolitan Agricultural Preserves program emphasizes protecting lands that are planned and zoned for long-term agriculture use and enrolled under an eight-year covenant with the land owner. Productivity of the soils should be a consideration in the Council's protection of farmland. RURAL CENTERS Action Step 31. The Council will support a rural center's plans to accommodate additional growth, provided they are consistent with the center's ability to finance and administer services and are consistent with Council policies and forecasts.The Council supports rural center service improvements but not at regional expense or at the expense of neighboring communities. Rural centers historically served as trade centers for the surrounding rural area. However, with changes in agriculture and rapid urban expansion, many have become residential areas for urban people and locations for industries with little tie to local agriculture (see map of cities). While some rural centers have metropolitan transportation and sewer service,the Council does not s::pport the extension of regional systems to rural centers because of the distance from the urban center and the small populations of rural centers. Rural centers can accommodate some additional development, provided that they can locally finance and administer services. including sewer,roads,water and stormwaterdrainage,and as long as the development is consistentith their 43 Discussion Draft comprehensive plan and the Council's urban and rural area policies and forecasts. If additional land is needed to accommodate growth,rural centers should extend services in a staged,contiguous manner.Residential,commercial and industrial development at urban densities should be accommodated only in rural centers with central sanitary sewers that are meeting state and federal water quality standards.Larger projects should be located in freestanding growth centers that have a full range of services. Rural Centers in the Metropolitan Area !Bethel St. Francis I ANOKA C1Z Dayton ' it Centerville Marine *Rogers , 0 0 Hugo 111 or Rockfordi HENNEPIN . al, Loretto WASHINGTON ailMedina IT r * Maple Plain d , RAMSEYII - Lakeland W r� ' Minneapolis Lakeland Lake Elmo Watertown Shores St. Bonifaciusa St. Paul St. Croix Germany >- ,New � 1/4 Afton Beach •>> Mayer �W A� St. Mary's Point Young America CARVER -ill tIFF Norwood* el :II!.s Ccates, Cologr.e_Carve• --: Hamburg 41 SCOTT II DAKOTA evermillio^ isNew Ma yet Hamc:c `", Eko New Trier I I '''''W.2,:. Miesville Randolph 4 Discussion Draft NONRURAL LAND USES Action Step 3J.The Council will not extend metropolitan systems to serve urban-density residential development in the rural area. Where a local government has allowed urban-density residential development, it should address service issues in its comprehensive plan. Action Step 3K. The Council will support urban-generated uses in the rural area provided that they are consistent with local and regional plans. Residential subdivisions, mobile home parks and clusters of moderate-density residential development exist in the rural area.They frequently demand urban services but are in locations where urban services are difficult or costly to provide. Many facilities exist in the rural area that serve the urban or entire metropolitan area public.These facilities include campgrounds,regional parks,waste disposal installations, gun clubs, festivals, mining sites and similar facilities. These facilities should be provided with adequate public services,consistent with local and regional plans. and to the extent possible, that they do not interfere with agricultural activities. Special Facilities and Regionally Funded Programs Action Step 3L. The Council will review special-purpose facilities or programs proposed by public or private entities that are designed to serve the general public. The Council will evaluate a proposed special facility by its own initiative or in response to outside requests. The Council's review will focus on the purpose of and need for the facility, whom it will serve, where it works best, and Council development objectives. For special facilities or programs that propose financing with regional bonds or regional tax resources, the Council will review the financial elements for consistency with the Council's economic evaluation criteria and other fiscal policies. The Council will: •Adopt procedures for reviewing special facility and regionally funded program proposals. Special facilities--the Minnesota Zoo or the Target Center. for example--are usually one-of-a-kind projects with a specific function or focus, like sports or recreation.They are often unique and meet a regional or even state-gide need. When such facilities are proposed,the Council's concern focuses on who should pay for such facilities and whether regional or state public subsidies are appropriate, based on how benefits of the facility are distributed. Regionally funded programs--such as a proposed use of regional financing ora redistribution of regional tax base or tax revenues--are also a concern to the Council.They can 4.1 Discussion Draft have substantial financial impacts on taxpayers and on regional investment decisions. Fiscal Management of Regional Systems Action Step 3M. The Council will ensure that regional investments are made in a fiscally sound manner and achieve their objective of providing needed services and facilities at minimum cost to taxpayers. The Council will: •Establish a process for: -Reporting information about the consolidated capital investments for current metropolitan systems or other regional-level capital facilities. -Comprehensive planning of capital investments by the Council and metropolitan agencies. Projected Debt Service of Metropolitan Agencies as Percent of Personal Income Percent of Personal Income 0.25 — — 0.2 — — I III 0.15 — — — I ' Y 0.1 0.05 1988 1990 1992 1994 1996 1998 2C00 2002 2004 2006 2008 2D10 Airports E Wastewater _-Transit II Other "Other" includes parks,sports facilities and solid waste grants. "Airports"excludes Northwest Airlines-related debt. Discussion Draft -Evaluating the long-term fiscal impacts of capital investments and capital financing of all metropolitan agencies on taxpayers and users of regional facilities. Propose legislation requiring metropolitan agencies to submit their annual operating and capital budgets for review and comment prior to adoption. Manage the long-term debt of regional agencies to maintain the ability of the Council and metropolitan agencies to finance regional services and capital facilities,minimizing borrowing costs and the fiscal impact of regional agency debt service on taxpayers and regional system users. Currently the total debt for regional facilities--including sewers and transit --is within reasonable bounds. The Council, which issues bonds for these facilities, has a triple-A (the highest) bond rating. Regional agency debt is a relatively small percentage of all local government debt in the metropolitan area and it has declined over the past several years compared to personal income or market values. Currently approved (1993) capital improvements and debt financing plans of the regional agencies will cause the annual debt service costs to increase as a percent of regional personal income over the next 10 years. These new debt service levels are not excessive in light of the region's ability to pay. This favorable debt situation means the Council does not have to adopt specific limits on regional debt.But the region faces decisions about major investments in new regional facilities--a possible new airport or expansion of the existing one, a light rail transit system, and upgrading of sewage treatment. These potential investments require that the Council play an active role in the decision-making process.In addition.the economic and financial impacts of these decisions need to be well understood by the region. 47 Discussion Draft Regional Environmental Strategy Introduction The region has made good progress in protecting the environment from obvious sources of pollution like smokestack emissions or sewage discharges.Although The region's water supply some environmental problems remain, the more difficult issue now is how to provides a major resource deal with the combined impact of many, small-scale individual sources of base for economic pollution. Destruction of local natural features, like natural drainageways or growth...provided it is used woodlands as the region develops;the loading of rivers,lakes and streams with wisely and protected from fertilizers;spills of hazardous waste into groundwater;and land use patterns that pollution. generate a great deal of car traffic and air pollutants--all erode the quality of the environment. Perhaps the region's greatest resource is its abundance of good quality water.This resource sets this region apart from most urban centers.The region's water supply provides a major resource base for economic growth.The region boasts over 900 lakes, three major rivers, and a multi-layered aquifer system capable of yielding a large supply of good-quality water,provided it is used wisely and protected from pollution. -.����"'.y�. Kc - a s � ;",/iii ti=4Z . , ' ... — —s .=u ., ____.,..........x_'..,..,.c.i.- __;;:-41111,r- ,.._--:17-4,„--:::,-,71:::-:..,.:1114?:-.: ., . This water resource is a firm foundation for economic growth well into the next century,provided it is protected.Development in some parts of the region may overreach the available groundwater supply.Regional economic vitality relies on the ability to use this water resource wisely and plan well for its future use. Protecting the region's environmental resources poses several key issues: -Damaged or altered nan,:ral watercourses. Lakes, wetlands, streams, rivers, drainage channels, floodplains and shorelands, when not integrated properly, can cause serious problems for development.They can be lost as amenities that could otherwise benefit development. -Economic growth and v._ter quali:}.The region's future development could be jeopardized is the qualit:. of its wa:er is not protected. 48 Discussion Draft •Interrelated river system.The region's three major rivers have many economic and recreational purposes and, together, make up one river system. However, planning takes place without fully recognizing their multiple roles or their interconnection. Preserving woodlands and the urban forest. Trees and woods enhance urban development and improve the environment. However, efforts to protect the region's remaining woodlands from destruction and maintain the urban forest in older areas have been sporadic. •Air quality. Current solutions to the region's air quality problems focus on technological fixes,while land use tools are not adequately recognized as ways to improve and protect air quality. Integrating Environmental Quality Recent years have seen a change in attitudes toward use of the land. Today, working "with" nature has taken on a new value because people increasingly recognize the benefits of improved water quality,widened recreation opportunities and appealing aesthetic qualities.Incorporating natural features into development saves money,enhances property values and makes sense. The features of the natural environment--for example,soils and topography--are capable of supporting certain kinds of development but may pose limitations for others.Development can benefit from adapting or tailoring itself to the natural capabilities of the land. Planning ahead avoids expensive after-the-fact mitigation of environmental impacts.For example,it can reduce development costs of having to duplicate a natural drainageway or to build holding ponds to replace natural wetlands. Developers can know the "rules of the game" ahead of time so their projects reflect environmental guidelines. _IN ' ■ .1 a a I. ol;`, Jnr e r •.rt � - _ [ F . --, ' . ' . { I - 3. ''' 49 Discussion Draft The Council's role is to: •Review the comprehensive land use plans of local governments and various projects to make sure they adequately protect the environment. •Provide assistance to local governments and others to help them develop and carry out environmental protection measures. •Develop data to document the extent and limitations of key natural resources. •Develop regional plans on water quality and water supply outlining actions to be taken by local government, regional agencies and others to protect the region's natural resources. •Work with other organizations in pollution prevention and cleanup programs. Policy 4.The Council will recognize the inherent capabilities of the natural environment to support development in its regional land use,infrastructure and development plans. The Council will also examine how well the environmental capabilities of the land are reflected in local land use plans and development projects that it reviews. W ala< 'ii- '� Vb "// Soils W:Vim\ _ Slopes s. \-- Lakes Wetlands -4:7A1 %plow\ \\--- Woodlands \ \ \ • •• 2 \ 2 viamegw�` INTRINSIC mAk SUITABILITY 50 Discussion Draft Protecting Natural Watercourses Action Step 4A.The Council will work to protect all natural watercourses to maintain and improve water quality and quantity and to preserve their ecological functions. The Council will: -Seek to amend the Metropolitan Land Planning Act to require local comprehensive plans to include a section identifying all protected watercourses such as lakes, wetlands,rivers,streams,natural drainage courses and the critical adjoining land areas that affect them, as well as land use and other management strategies to ensure their preservation. -Provide technical assistance to local governments and watershed organizations to support their efforts to develop adequate protection strategies. •Recommend steps for evaluating. the environmental, economic and other benefits of restoring significant natural watercourses that have been replaced by artificial systems. •Assess the impact of comprehensive plans and projects on natural water courses and proposed protection strategies. Watercourses drain water runoff. store and treat surface water and affect the groundwater.Changing the landscape,channeling runoff through pipes,filling floodplains or wetlands,paving over areas so less water filters into the ground and removing natural vegetation--all change the ability of the landscape to handle water. The results can be serious--erosion. less water to recharge groundwater supplies, increased pollution from runoff and localized flooding. If the natural drainage system is destroyed,expensive artificial systems will have to be built to perform the same functions. Or it will require costly remedial measures to reduce the effects of damaging the natural system.For example, it will cost an estimated S3.5 million ($13,000 per acre) to restore the 271-acre Long Lake in western Hennepin County by building detention basins to reduce the load of pollutants entering the lake from urban runoff. And it will cost an estimated$6.5 million over the next six years to reduce the pollutants entering the Minneapolis Chain of Lakes. including_ S2.9 million to restore drained wetlands. Water Quality for the Future Action Step 4B. The Council will pursue steps toward a goal of "no adverse impact"on water quality by the year 2015, so that the quality of the water leaving the region is as good as when it enters.The Council will reassess this goal if it poses an unreasonable cost burden for the region. 51 Discussion Draft The Council will: •Develop a comprehensive surface water quality management plan for the region by 1997,as required by state law.The plan would define the sustainable capability of the regional water supply and recommend how the region could live within it. -Be an active participant in joint efforts by intergovernmental groups and other organizations to address water quality problems such as the Minnesota River Improvement Project and the Lower Minnesota River Technical Advisory Group. •Promote equitable means of financing water quality protection and improvement efforts through such means as the Minnesota River Improvement Project, watershed planning and federal and state cost-sharing programs. •Pursue the cost-effective reduction of nonpoint source pollution through a wide variety of actions. -Work toward the "no adverse impact" goal in its review of comprehensive plans, federal discharge permits, environmental impact statements and the Waste Control Commission's long-range implementation plan; through the Council's regional water resources plan;and by providing technical assistance to other jurisdictions. •Monitor progress toward this goal and assess the costs of achieving it, as well as the implications for achieving the economic development and reinvestment objectives of the Blueprint. •Support efforts to reduce pollution in everyday activities of the region through pollution preven::on programs, public education and review of discharge permits. -Support efforts to correct past surface and groundwater problems through its review of perm_::s and the Waste Control Commission's long-range implementation plan and through federal and state grants. -Through its review of comprehensive plans and projects,work to minimize the environmental impact of development on all drainage features so their natural • functions can operate unhindered. -Document the changes in water quality in rivers, lakes and other water bodies through research and monitoring programs. -Establish a means:o coordinate the water management structure and process in the metropolitan area. 52 Discussion Draft The region's economic prosperity, continued development and quality of life depend on good water quality. The region needs a safe, adequate supply of drinking water,and suitable water for industrial and commercial development. The quality of the region's water is threatened on many fronts.The Metropolitan Area is blessed with a vast underground system of aquifers that supply the region with good-quality water.However,the most productive aquifer--the Prairie du Chien-Jordan--is not available in many rapidly developing parts of the region and has experienced substantial drops in its water levels in areas where it has supported growth in the past. There have also been spills and discharges of toxic and other polluting material into the groundwater system. For example, a special statewide survey by the Freshwater Foundation in 1989 showed that groundwater contamination cost 18 private companies and 17 cities more than$69 million to pay for site cleanup, technical assistance and replacement wells. The Mississippi River,with its large volume of water,is a great underused asset to the region.In all but extremely drought-affected years,far more water flows through the region in the Mississippi River than could ever be used. However, the river must be protected from the numerous chemical and oil storage and transportation facilities, and rail and highway crossings that pose threats to its quality. Surface water runoff is another issue. Despite state legislation, communities have had varying success in controlling nonpoint pollution from water runoff and increased runoff from development. And correcting problems can be expensive. For example, restoration of the water quality in lakes affected by urban and agricultural runoff costs about $15.000 per acre of water, with no guarantee of success. Sewage treatment has greatly improved in the last two decades,but water quality is still affected.For example,the Metro sewage treatment plant is a contributor to the load of phosphorus entering Lake Pepin that encourages the growth of algae during low flow. Major River Corridors Action Step 4C. The Council will recommend ways of coordinating the management of the Mississippi, Minnesota and St.Croix River corridors that recognizes their importance for orderly regional development,their multiple uses and unique characteristics. The Council will: .Hold a forum to discuss the region's three major river. curren: and future problems.and how planning and managing river uses mig fit together in a more holistic way. 53 Discussion Draft •Identify the areas of coordination needed to more effectively manage the Mississippi, St. Croix and Minnesota Rivers, working in partnership with the Mississippi National and Recreation River Commission, the Minnesota- Wisconsin Boundary Commission,and the Minnesota Department of Natural Resources and the U.S. Fish and Wildlife Service. River Corridors in the Twin Cities Area—Encompassing Multiple Uses ANOKA cn r• AL. in,. 4/..'• ' E a tat. _ „,. k _ HENNEPIN = v_ ,-- _. ,_- A WSHIN c • _, - RAMSEY_ —�--5_Mi is 7J �:,4-._ _ - - : . S .Cf abk f ---eSOta —R' •It 7 W CARVER _ BP VOTA ` • klississippi River ‘••::::::.77 corridor Bc.hoary „i �..;%. �..: I, � �I -5h Density Residential ��� %i�:iiiii�y:: ./ �'' T' "."- -0w-Med. Density i4••• �1:.- aesidential ' - \ Commercial P ///. Irstitutional -7,--1— Industrial ASK/ P y; '°. ' .J ss 'ransitional (Industrial x''> :s Other uses. / 45`55 QQ^ ''‘kF '•a n sporta:1On .,x,ti .:oocland:veaand Ail ' — p Existing/Proposed parks and Open Soace 1 Mile 1 Mile 54 Discussion Draft The Mississippi, Minnesota and St. Croix Rivers have played a key role in shaping the historical and economic development of the region.More recently, they have been recognized for their importance in providing recreation and open space opportunities. Efforts to manage the three river corridors,however,has been piecemeal.They are not treated as one system, even though factors that affect one also affect another.For example,the silt and phosphorus in the Minnesota River degrades water quality in the Mississippi River.The construction of boat marinas on the Mississippi increases recreational traffic on the St. Croix and leads to shore erosion. A plan for the Mississippi River is being prepared under its federal designation as a National River and Recreation Area.However,many conflicts in river use, such as economic and recreational use,are not likely to be resolved by the plan. Much of the Minnesota River in the metropolitan area is designated a National Wildlife Refuge and Recreation Area. But protections for the river focus on recreation and trails in the valley bottom.There is no protection,for example,of the bluffs overlooking the valley.The St.Croix River is managed as a National Scenic Riverway. Protections extend to land use and water quality, but their effect is limited unless the other two rivers are managed to the same degree. Woodlands and the Urban Forest Action Step 4D.The Council will encourage the protection of the region's remaining woodlands and the long-term management of the urban forest. The Council will: -Support and encourage the protection of the remaining woodlands and the urban forest through its review of local comprehensive plans and projects. •Work with local and state agencies to provide technical assistance strategies and information,such as model standards.to local governments for their local plans in protecting and managing woodlands. The region has lost many of its stands of trees to development and to the devastation of Dutch elm, oak wilt and other diseases. Yet woodlands and the "urban forest" of our older cities play many valuable roles. They are important in reducing air pollution and moderating local temperatures and winds.They control runoff and erosion,especially on steep slopes and along lakes and streams.They enhance the appearance of new and old neighborhoods. and can raise property values.They can provide habitat for wildlife such as song birds.Many U.S.and European cities have taken significant steps to use trees and other vegetation to impro\e the urban environment, including the cities of Dayton. Ohio, and Stuttgar. Germane. Discussion Draft Air Quality Action Step 4E. The Council will promote development and land use policies and planning that protect and improve the quality of air. The Council will: •Provide technical assistance, including model development and land use criteria and standards, to local governments to help them develop planning strategies to protect air quality. .Encourage local governments to address air quality issues in their local comprehensive plans, especially communities in air quality nonattainment areas. •Review proposed local comprehensive plans and amendments and projects for the potential impact on air quality and existing air quality problems. •Assess the impact of regional plans and include strategies for protecting and improving air quality in those plans. •Work with state and local agencies in evaluating existing air quality problems and developing plans to mitigate them. Air quality is a key indicator of the quality of life in the region. Maintaining and improving air quality will affect the region's ability to continue growing economically. Generally air quality in the region is considered good in comparison to other major urban areas around the country.Even though the region has not exceeded carbon monoxide air quality standards in the past two years.amendments to the Air Quality Act require the region to continue to carry out procedures to ensure ongoing compliance with air quality standards for mobile and stationary emission sources. Solutions to these problems have focused on"technological fixes"and solutions tailored to specific sources.These types of solutions will continue to play a role in resolving specific air quality problems for the foreseeable future. Over the long term.however,the region will need to examine the effect of its development and land use policies on air quality. �6 Discussion Draft Implementing the Blueprint Introduction Implementation Tools The action steps outlined earlier in the Blueprint show how the Council will carry out its growth and development policies.This section describes in more detail and Procedures how the Council will carry out the Blueprint's policies under its responsibilities for setting the policy direction for regional systems, coordinating local and *Policy direction for regional regional planning, and dealing with critical issues facing. the region. systems and investments •Coordination of local and regional planning Specifically, this section describes the tools and procedures to implement the •Addressing critical issues Blueprint: .The policy directions the Council will pursue in its other regional plans for sewers,transportation, airports and parks in support of the Blueprint's policies and action steps. .The process and the roles of the Council and local government in coordinating local and regional planning. •The process and criteria for monitoring the region and focusing Council actions. Direction for Regional Systems and Investments The Council is committed to managing regional systems for transportation, wastewater treatment,aviation and parks through its policy plans to achieve the Blueprint's outcomes.These policy plans guide the Council's decisions involving the four systems and provide guidance to the systems' operating agencies--the The Blueprint Regional Transit Board/Metropolitan Transit Commission. the Metropolitan provides guidance to Waste Control Commission. the Metropolitan Airports Commission. and the metropolitan systems... Metropolitan Parks and Open Space Commission.The Council's other regional plans need to reflect the policies of the Blueprint. After the Council adopts the • •Wastewater Treatment Blueprint,the Council will reexamine the role,scope and interrelationships of the •Transportation various chapters of the Metropolitan Development Guide,of which the Blueprint *Regional Open Space is the keystone chapter.The Council will drop outdated chapters and reevaluate •Aviation the other chapters. determining the priority and order for their revision. Until ...and other regional plans then,the Blueprint will be used to help interpret policies in the Council's system plans and its other regional plans. • The Blueprint replaces the geographic policy areas for the urban service area. identified in the Council's 1986 Metropolitan Development and Investment Framework, with a cluster planning approach. As a result. each metropolitan system plan will need to identify appropriate chaster areas for planning and implementation activities. 57 Discussion Draft METROPOLITAN SYSTEMS As policy plans for metropolitan systems are updated,they should address the following points: Wastewater Treatment -Plan both treatment plant and interceptor capacity for timely and cost-effective provision of sewer service to urbanizing areas as provided for in the Blueprint. •Recognize that the cumulative impacts of small-scale development inconsistent with Council rural area policies may have a substantial negative impact on these plans or constitute a substantial departure from them. •Continue to address the impacts on the metropolitan sewer system from development outside the urban service area--specifically,impacts on the service availability charge(SAC)and the underuse of metropolitan sewer facilities. Strengthen the effort to address nonpoint-source pollution issues. -Develop policies and priorities for sewer investments to ensure economic renewal and competitiveness of the region. -Maintain standards for on-site sewage disposal systems in the rural area to protect the region's groundwater and the health of rural area residents, and to prevent the need for premature extensions of the regional sewer system. All elements of the Minnesota Pollution Control Agency standards for on-site sewage disposal systems should be followed in all areas.All communities shall require at least two sewage-disposal drainfields to be located on each building site, a primary drainfield and a replacement should the original system fail. Except in the commercial agricultural area,all facets of the Council's standards for the proper design,location,installation,maintenance and on-going monitoring of on-site systems should also be adopted. The Council will require all communities to certify that they have met these standards prior to approval of local comprehensive plan amendments or making favorable recommendations in project reviews. •Assess effectiveness of existing sewer policies concerning community on-site sewage disposal systems and package treatment plants in the rural area in light of the Council's policy to encourage clustering in the rural area and the improved technology that is or may become available in the future and revise Council sewer policy accordingly. •Assess need for systematic monitoring of rural wa:er supplies to detect pollution from on-site sewage disposal systems and revise Council sewer policy accordingly. 58 Discussion Draft Transportation •Plan the metropolitan transportation system to provide and support effective connections and movement of goods to,from,and within the region and state by the mode--highway,rail, water--most suitable to the particular function. •Plan metropolitan highways in the rural area to support a level of development consistent with the Council's rural density policies.The Council will not plan for a level of service that would support or encourage development at greater densities than the policy provides for. •Recognize that the cumulative impact of small-scale development inconsistent with Council rural area policies may have a substantial negative impact on the Council's transportation policy plan or constitute a substantial departure from the plan. •Strengthen existing strategies for linking jobs,housing, and transit. -Develop pricing methods for the transportation system that would encourage use of transit facilities. -Develop detailed land use guidelines for transit-supportive development along fixed-route transit corridors, and incorporate into alternatives for corridor analyses. -Develop policies and priorities for transportation investments to ensure economic renewal and competitiveness of the region. •Allocate regional highway capacity in accordance with the planned expansion of the urban service area and the intensification of land uses at interchanges and transit hub areas. -Take into account the cost of providing transit services to low-density areas and how that may change over time as transit-dependent populations increase in these areas. •In highway and transit planning,consider the relationships among transportation needs, population densities and the provision of human services including public schools, health and social services, employment opportunities and emergency services. -Establish corridor priorities based on coordinated land use and transportation planning. Regional Open Space -Develop policies and priorities for investments to ensure economic renewal and competitiveness of the region. 59 Discussion Draft •Develop strategies for improving the regional trail system to interconnect regional parks within the urban service area and link to the transportation system where appropriate. •Develop strategies for preserving open space in the urban service area and in the rural service area. •Develop regional park recreation facilities that attract large numbers of users generally in the urban service area, unless the demands cannot be adequately met.If it is necessary to develop such facilities in the rural service area,adequate support services such as roads and sewers must be provided. Aviation •Develop policies and priorities for investments to ensure economic renewal and competitiveness of the region in the international market. •Develop strategies to resolve environmental and land use concerns around all airports in the regional airport system. THE COUNCIL'S OTHER REGIONAL PLANS The Council's plans for housing,surface water management and water resources should reflect the policies of the Blueprint and metropolitan system plans.The Council also recognizes the numerous interrelationships among the system plans and the its other regional plans. Examples include transportation and housing, and sewers, solid waste and water resources. For some of the other systems, the relationships are less obvious. All of these plans have the following in common: a)assumptions about future directions of area-wide growth and change and reliance on a uniform set of forecasts; b) accountability to Council legislative mandates; c) concern with orderly and economic development; d) adherence to the same process of regional planning and decision-making;and e)reliance on the area's population for most of their financial support. INVESTMENT AND FINANCING DECISIONS The Metropolitan Council has developed a review process to guide its decision- making for regional investments and development proposals submitted for its review.This process includes using a set of criteria for evaluating investments and development proposals,as well as the methods of financing.These criteria will help the Council to determine whether its investment and financing decisions are carrying out the Regional Blueprint and evaluate the economic and fiscal impacts of its decisions. 60 Discussion Draft Investment Decision-Making Process One way the Council carries out the Regional Blueprint is by deciding what investments are made in facilities and services.For some of these investments, like those in sewers and transit,the Council plays a major role in determining whether projects are undertaken and how they will be financed.For others,the Process for Council's role is one of strongly influencing the projects to be funded by state regional investments: and or federal agencies. The Council's housing, aging and highway program plans fall into this category. *Determine regional needs *Determine benefits/costs In either case, the Council must make choices among investments because *Determine priorities regional needs exceed the resources available.The Council must decide what is •Develop/evaluate needed most and how it should be funded. financing plans The Council will use the process described below to develop plans,determine priorities and select financing methods for regional investments. The Council will also use this process to review local development proposals submitted to it for review that request regional public subsidies.Not all steps will be needed in each review.For example,when the Council reviews a special project,such as a new stadium or racetrack, setting priorities may not be an issue, but the financing method may be an important consideration. In instances where the Council is involved in reviewing projects with considerable potential for stimulating economic development and affecting metropolitan systems plans, an economic development review will be added to the review process. •As a first step, the Council will determine regional needs based on this document and, where appropriate. in the policy plans/systems plans for the metropolitan systems. The Blueprint discusses needs in a broad context while the system plans provide specific direction to individual agencies or target groups. Projects or programs developed by these agencies or groups must be consistent with regional needs as determined by the Council. •The Council will then determine regional benefits and costs of individual investments. projects or programs to determine if they should be undertaken. The Council will consider alternatives for addressing regional needs.In addition, the Council will analyze what groups in the population and which geographic areas will benefit from the investment. project or program. •The Council will determine regional priorities based on the investment priorities in the earlier sections of this document as well as specific priorities included in the policy plans/system plans.The Council will also use criteria for determining "targeted areas" as a basis for making investment decisions. The Council will initially determine regional priorities without regard to the availability of external finding. 'Following the ranking of proposed investments, projects or programs. the Council will develop or evaluate financing plans.The availability and methods 61 Discussion Draft of financing may influence the ranking of projects. Decisions on regional investments will be based primarily on identified regional needs and the benefits and costs of alternatives for meeting those needs. However, the method of financing and the region's "ability to pay" for investments,projects or programs may be a secondary factor. The Council will use the following economic evaluation criteria and fiscal principles in the investment decision-making process, including the review of metropolitan agency investment and financial plans.Special projects and major economic development proposals will also be reviewed against these criteria/ principles. 62 Discussion Draft Criteria for Economic and Fiscal Evaluation •Efficiency. Will financing methods, including the tax or fee structure, lead to better or more efficient use of regional investments or services?Will a policy, program or financing method create incentives for individuals, business firms or others to make decisions that support regional policies. •Equity in Service Provision. Are programs distributed fairly in terms of availability, service level and quality? Have minimum service levels or quality standards been established? •Equity in Payment for Services. Payments through taxes or user fees should relate closely to services or benefits received, either directly or indirectly. Payments should consider "externalities"--costs/berefits to individuals or groups not directly receiving regional services. •Generational Equity.Payments for regional services should relate to benefits received on a generational basis? What is the time frame for benefits and costs/payments and how do they correspond? •Ability to Pay.How do payments through taxes or user fees relate to the ability to pay of individuals or specific target groups? Do payments place a financial hardship on low-income individuals or families? •External Funds. Federal, state, local and private funding sources should be used to the maximum extent feasible to finance regional services and advance regional priorities. Regional priorities should be determined without regard to external funding availability. •Regional Debt.Where appropriate,the Council will make use of long-term debt to finance regional investments/ facilities.The Council will monitor the use of long-term debt in relation to the region's fiscal resources. •User Charges.User charges should be used to the maximum extent feasible and should be related to benefits received.The general public may pay for services where the general public receives an indirect benefit, user fees are not feasible or user fees are inequitable for target populations. •Broad-based Taxes. Income taxes,general sales taxes and other broad-based taxes should be reserved for general public purposes rather than dedicated to selected, narrow service areas or functions. •Funding Flexibility.The Council encourages flexibility in the application of funding sources to regional solutions and discourages the dedication of funding to narrow purposes where the dedication would preclude other potential solutions to a regional need. . •Federal,State and Regional Funding Distribu:ion.The Council encourages the distribution of federal.state and regional funding for regional projects based or a priority setting and project selection process reflecting regional needs and priorities and discourages funding distributions by formula. •Disparities in Fiscal Capacity and Service Excenditures.The Council supports reductions in disparities in fiscal capacity and service expenditures within the region. Disparities includes differences in fiscal capacity. or the availability of resources to finance public se-vices, and recognizes that tax base is not distributed equitably throughout the region. It also recognizes disparities in service needs and public expenditures resulting from factors outside a governmental unit's control and encourages revenue sharing through federal. state and regional programs that address these disparities in service needs and expenditures. •Local/Private Cost Sharing.The Council will consider local/regional cost sharing where it can demonstrate a net regional benefit and the project is consistent with Regional Blueprint priorities.The Council will consider the regional benefits. regional facility capacity needs and regional timing/staging -equirements when negotiating the allocation of costs between parties. 63 Discussion Draft Guiding Growth and Change in the Region LOCAL GOVERNMENT COMPREHENSIVE PLANNING The Land Planning Act process coordinates Sound comprehensive planning can help maintain the "quality of life" this local development and regional infrastructure region has come to expect. Communities in the metropolitan area prepare needed to support comprehensive plans under the authority of the Metropolitan Land Planning development. Act.When it passed the Land Planning Act in 1976,the Minnesota Legislature declared that"since problems of urbanization and development transcend local government boundaries,there is a need for the adoption of coordinated plans, programs and controls by all local governmental units and school districts in order to protect the health,safety and welfare of the residents of the metropolitan area and to ensure coordinated,orderly and economic development."The Land Planning Act established a process intended to coordinate development and the • regional infrastructure for sewers,transportation,airports,and regional recreation open space needed to support development. The Land Planning Act also provided a vehicle to address issues concerning air and water quality and affordable housing concerns. The Metropolitan Land Planning Act requires that comprehensive plans prepared by local units of government contain the following: •A land use plan that designates the existing and proposed location,intensity and extent of use of land and water for agricultural, residential, commercial, industrial and other public and private purposes, or any combination of such purposes. •If appropriate,aprotection elementforhistoric sites and other historic resources. •An element for protection and development of access to direct sunlight for solar energy systems. •A housing element containing standards, plans and programs for providing adequate housing opportunities to meet existing and projected local and regional housing needs,including but not limited to the use of official controls and land use planning to promote the availability of land for the development of low- and moderate-income housing. •A public facilities plan, including a transportation plan, a sewer policy plan, • and a parks and open space plan. •.An implementation program describing public programs,fiscal devices,official controls and other specific actions to be undertaken in stated sequence to implement the comprehensive plan and ensure conformity with metropolitan system plans. It includes a capital improvement program for transportation, sewers, parks and open space facilities. It must also include a housing 64 Discussion Draft implementation program,including official controls to implement the housing element,which will provide sufficient existing and new housing to meet the local unit's share of the metropolitan area need for low- and moderate-income housing. •A water supply element, added by the legislature in 1993. After Jan. 1, 1994, communities in the metropolitan area need to prepare water supply plans that address the protection of the region's supply of drinking water. After the Land Planning Act was enacted, the legislature passed other laws requiring single-purpose plans.They require the solid waste plans prepared by metropolitan counties and the surface water management plans prepared by cities and towns.It is important for local communities to incorporate these plans into the comprehensive planning process. The comprehensive planning process provides the formal vehicle through which the local communities communicate to the Council and vice versa.The Council uses local comprehensive plans to help plan for growth in the region and ensure that regional services are available to accommodate that growth.In addition,the Council identifies issues of regional importance and provides guidance to local communities accordingly. PROPOSED LAND PLANNING ACT CHANGES Proposed Land Planning Act Changes The planning process outlined by the Land Planning Act is still necessary today. Changing needs,however,dictate that the planning process should be strengthened •Zoning/planning relationship to better conserve the natural resources of the region.strengthen the older areas our cities,protect the quality of the environment,address housing concerns,and •Periodic plan updates provide adequate public services at a reasonable cost while promoting beneficial economic development and renewal.The process also needs to provide for better •Natural resources element communication among various units of government such as cities. school districts and watershed districts to ensure consistent and coordinated development. •New metropolitan systems-- Blueprint and housing Because the planning process needs to address a broader range of issues than •Optional planning elements: originally intended(redevelopment,reinvestment and economic development, Intergovernmental for example),the Council will pursue efforts to amend the"Metropolitan Land cooperation Planning Act" as the "Metropolitan Comprehensive Planning Act." This Economic development legislation will seek to update outdated portions of the existing law and Redevelopment strengthen the comprehensive planning process in the following manner: I. The relationship between zoning and comprehensive planning The original intent of the Land Planning Act was to require that local governments use zoning to implement the policies of their comprehensive plans. The act, however,never included an effective method to ensure that local communities followed the intent of their comprehensive plans V,hen adopting local official controls.Clarifying the relationship between zoning and comprehensive planning will be an important first step in realizing the intent of the Land Planning Act. 65 Discussion Draft The Council should also explore ways to hold local governments accountable for implementing their comprehensive plans. Such a system of accountability would recognize that local communities are key players in helping to implement regional policies.The ultimate objective in making local communities accountable would be to limit the Council's involvement in the local decision making process. Following the adoption of the Regional Blueprint,the Council will revise and streamline the process for its review of local comprehensive plans to ensure greater flexibility. The details of the revised comprehensive planning review process will be included in a handbook for local comprhensive planning and other referrals,which will be developed by the Council.The handbook will be included as Appendix B to the Regional Blueprint. 2. Periodic Updates For better coordination among local communities and the region. the Land Planning. Act should be amended to ensure that communities amend their comprehensive plans to reflect applicable changes to metropolitan system policy plans. It should also be amended so that school districts within the metropolitan area are required to prepare capital improvement programs that are reviewed by local governments and the Council.These plans would be updated every five years. A process should also be established for communities to examine the need for a complete update of their local comprehensive plans every 10 years after the Council revises its forecasts of population, households and employment. 3. Natural Resources Element The Land Planning Act should be amended to include a natural resources element addressing the protection and management of environmental features. In the element, local communities would identify all protected watercourses such as lakes,wetlands,rivers,streams,natural drainage courses and the critical adjoining land areas that affect them.It would also identify land use and other management strategies to ensure their preservation.The element can be used to incorporate land use and environmental considerations into local decisions about infrastructure investments. It would also provide a way to coordinate existing natural resource protection programs. Finally, the element would be used to explore ways in which the Council. acting in partnership with local conumnities and the state regulatory agencies, can develop a streamlined environmental permitting process. 4. Overall update of the Land Planning Act The ac: should be updated to repeal obsolete referenceto better reflect the ongoing_ comprehensive planning process and to make the process more -performance based." 66 Discussion Draft 5.New Metropolitan Systems a.The Regional Blueprint The Council will seek legislation to strengthen the tie between regional planning and the activities of local communities. Making the Regional Blueprint a "metropolitan system" will provide the region with a more effective tool for meeting the needs of regional growth and change with the provision of public services at the regional, county, municipal, and school district levels. Local communities need to adopt detailed comprehensive plans that are consistent with and promote the objectives of the Blueprint.The Council would have the authority to review and approve those aspects of local comprehensive plans to ensure consistency of local action with the Blueprint. The Council would provide a metropolitan systems statement to local communities containing information about population,household,and employment projections as well as the outcomes of the Blueprint that communities need to implement through their local comprehensive plan. b. Housing By making housing a"system,"the Council would seek to have urban communities revise their comprehensive plans to outline goals and activities for providing choices of housing types and prices and removing barriers or creating incentives to achieve a mix of housing types and prices available within a community,to meet the"life cycle"needs of residents.Local communities also need to develop strategies to avoid the concentration of affordable housing units only in specific areas of the community.With the differences in community size and the way the housing market functions,the availability of housing types and prices may be evaluated by looking at clusters of communities or subareas of the region.The Council,in partnership with local communities.will define clusters or subareas to evaluate the availability of housing types and prices for current and future residents. 6. Optional Planning Elements Recognizing the changing needs of the metropolitan area.:he Council will also seek to amend the Land Planning Act to explicitly enable local communities to better plan for the future. These elements would not be mandatory. Local communities can include these elements at their discretion as their particular needs warrant. The Council will work with local communities to tailor these elements to help individual communities plan strategies to address issues confronting them in a timely fashion. The Council recommends additional elements for inclusio- in local comprehensive plans. Coordination of the elements of the comprehensive plan is a major objective of the planning process. 67 Discussion Draft a. Intergovernmental Coordination Element This element would describe how the land use and urban service elements of a local unit's comprehensive plan relate to the part of the region where the community is located. The objective would be to ensure better coordination between various levels of government and achieving goals promoting the regional general welfare. The element would also promote coordination with other government jurisdictions.It would identify existing services and programs shared by one or more communities and identify principles and guidelines to be used in coordinating the adopted comprehensive plan with the comprehensive plans of adjacent municipalities,the county,adjacent counties,the region,and the state. In addition,the element could ensure consistent land use practices.For example, the management of land use to conserve and protect environmental values requires adjacent communities to use consistent land management programs-- otherwise, the efforts of one community may be undone by• an adjacent community's actions.Where appropriate,the element would lay out procedures to identify and implement joint planning areas, especially for the purpose of annexation and joint infrastructure service areas. The element would also state principles and guidelines to help coordinate local comprehensive plans with the plans of school boards and other governmental units providing facilities and services but not having regulatory authority over the use of land. Each local community, district school board and service providers in the local community could establish--by formal agreements executed by all affected entities and in their respective plans--joint processes for collaborative planning and decision-making on public school siting,the location and extension of public facilities, analyzing the fiscal impacts of growth. and siting locally unwanted but necessary land uses. b. Economic Development Element This element would set forth principles and guidelines for commercial and industrial development, if any, and employment within a community. It could detail the type of commercial and industrial development sought.related to the present and projected employment needs of an cluster area and to other elements of the plan, and could set forth methods for pursuing a balanced and stable economic base. The element could also be used to ensure the availability of housing for the employees of new enterprises. c. Redevelopment Element This element would be used by local communities, the region and the state to target various tools to address redevelopment and reinvestment. While some communities may not have an immediate need for redevelopment.all communities need to look ahead to how they will change over the next 20 years and whether they can meet the lifecycle needs of their residents. 68 Discussion Draft This element would consist of plans and programs for redeveloping sites in the community and for community redevelopment, including sites for housing, business and industry,public buildings,recreational facilities and other purposes. It could also examine the need for redevelopment, and address building maintenance code and enforcement. If local communities include a redevelopment element,the Council will use it to identify regional system capacity constraints that need to be addressed and determine the priority to fund improvements to remedy the constraints. Technical Assistance The Council will provide technical assistance to local communities in designing these elements and in preparing environmental land management,redevelopment and reinvestment,and economic development strategies to implement them and other regional goals.The Council will seek to expand the local assistance loan fund to help communities needing financial assistance for planning activities. CLUSTER PLANNING The Council's mandate to coordinate and plan for the orderly and economic development of the region requires a partnership with local government and with Cluster planning brings regional, state, and federal agencies.The Council recognizes that the complex together communities issues facing the region require flexible,targeted and innovative approaches. to work on the same issue, like sewers, A key element in the Blueprint's overall implementation approach is cluster pollution clean-up or planning. This recognizes that there are significant diversity and differences affordable housing throughout the region in terms of the nature and degree of problems and in the ability of the public and private sector to respond to issues of regional importance. Cluster planning allows for more performance-based implementation and gives local communities.in partnership with the Council.flexibility to determine the best way to achieve regional objectives. In the past the Council used geographic policy areas to differentiate and prioritize needs among communities and areas in the region. The basic differentiation between urban and rural remains,but other policy areas have been eliminated. Cluster planning is intended to present a new flexible approach to link parts of the urban or rural areas based on shared needs. circumstances or interests. Proximity is not always necessary. For some regional services like highways,transit and sewers.physical location is important,but not for issues like pollution clean-up.Problems need to be framed and addressed at the level and locale that reflect how the region functions.Cluster planning needs a region- wide perspective and policy direction,but it is a way to tailor and target solutions to the"problem"and the actual area or areas affected.Cluster planning will also be used in the review of special-purpose facilities or programs proposed by public or private entities that are designed to serve the genera! public. 69 Discussion Draft The basic tool for implementing cluster planning at the regional and local level will be the local comprehensive planning process.There are two ways in which the cluster planning will function through the comprehensive planning process. First,each local community should consider including an"intergovernmental coordination"element in its comprehensive plan.This element could be used by a community to establish how the community fits into its part of the seven- county region and/or beyond as well as how it fits into the region's social, economic and development fabric.As amendments to comprehensive plans are prepared by local governments, adjacent communities and other levels of government affected by those plans should compare those plans with their own plans and policies. Where differences occur or where mutual problems are identified, the affected units of government should attempt to negotiate a resolution of the problem.If the respective units of government cannot reach a negotiated resolution of the issue,the local units may request that the Council work with them to resolve the question. The second way cluster planning will work allows for issues to be identified and addressed in a manner appropriate to the particular issue. Working with local government and other governmental units, the Council will identify cluster planning areas considering various factors including: •regional highway and transit corridors 'regional sewer system treatment plants/interceptors and service areas •regional housing submarkets •regional transit service areas 'employment concentrations and commuting patterns •environmental resources (major rivers, lakes, regional parks designated protection areas, watersheds) "shared service agreements •jurisdictional boundaries Regional investments will be guided by the objectives of the cluster planning areas as established in each metropolitan system and policy plan.In an effort to achieve consistency and compatibility across the various levels of government in the metropolitan area. the Council will compare local comprehensive plans (including any intergovernmental coordination element) with other comprehensive plans and with regional policies and plans. The Council may establish formal agreements or compacts with local jurisdictions to coordinate regional and local planning, so that highways, parks, school, local sewers and other investments are made in a coordinated way.The region's role in providing urban services will be based on an evaluation of how well a local community meets or is willing to help meet regional goals and policies. 70 Discussion Draft Cluster Planning Process Step 1. Preliminary Definition of the Problem and the Geographic Area Involved What is the issue or problem that has a broader-than-local nature?What grouping of communities have a common interest in solving the problem or concern, or should be part of the solution? What group of communities that by reason of geography, patterns of association or land use characteristics can be an effective area for implementation? What is the"area" of interest, considering how the region functions in terms of the problem? If it is a housing issue, what area or cluster of communities makes sense to begin a process of more in-depth problem definition and research?If it is atransportation issue,what transportation corridor or service area encompasses the relevant travel patterns and transportation networks? Step 2. Identification of Stakeholders/Diversity of Interests Who are the parties with a direct interest/stake/role in problem resolution(cities,townships,counties,school districts, special districts, regional or state agencies, nonprofit, civic or business organizations)? Step 3. Problem Definition and Scope of Inquiry Convene the interested parties and negotiate a focused statement of the issue or problem; also identify related issues or links and regional objectives to be addressed.These related issues may be included in the study but only if they are relevantto"solving"the problem and as they add to a comprehensive understanding of the situation such as regional fiscal and economic criteria.Checklist of potential regional objectives to be addressed: •Guide development into areas that have regional and local services available and promote contig.;ous orderly development of the region. •Establish comprehensive land use strategies at the regional and local levels that address: —coordination and integration of services —housing diversity(price. type and location) —job creation and economic development —fiscal and service impacts (police,fire, local roads. schools) •Link regional transportation improvements to land use strategies. •Link regional sewer investments to land use strategies. •Ensure availability of developable land within ail parts of the urban service area to meet regional demand. •Incorporate environmental planning and protection into the development process at the local,subrec onal and regional levels and use environmental features to guide development. •Support redevelopment and reinvestment in the older parts of the region. •Allow for unforeseen significant large-scale regional development proposals that help achieve reg onal goals and objectives. •Support increased density of new development in areas where is will result in better use of ex sting metropolitan facilities and/or system capacity. •Ensure an adequate potable water supply to meet expected short- and long-term development needs. (A definitive list of regional objectives and their implications will be developed as part of a handbook or.ocal comprehensive planning and other referrals. to be prepared by the Council.) Step 4. Conduct the Study Negotiate ground rules,identify who does what and when.now the process and product are to be evalua:ed. Step 5. Develop the Strategy, Implement and Evaluate Summarize the analysis/research.define findings and core usions,establish a strategy for problem-sc ng. Determine who does what for implementation.evaluate the orocess and.after an appropriate period o`:me, the success and inadequacies of the implementation strategy. 71 Discussion Draft DEFINING THE RURAL SERVICE AREA AND THE URBAN SERVICE AREA Rural Service Area The Rural Service Area consists of three land use types: The rural service area includes the: The commercial agricultural area includes "agricultural preserve" land under •commercial agricultural the Metropolitan Agricultural Preserves Act that is certified by the local area •general rural use area government as eligible for the agricultural preserves program. It also includes •rural centers the long term agricultural land that is categorized as Class I,II,III or irrigated Class IV land according to the Capability Classification Systems of the Soil Conservation Service and the county soil survey. The Council supports agriculture as a long-term land use. The general rural use area is land outside the urban service area that has a wide variety of land uses,including farms,residential development and facilities that mainly serve urban residents, such as regional parks. The Council supports agriculture and low-density residential development in the general rural use area.However,it does not support extending regional facilities into this area to serve high-density development like that found in the urban service area. The rural centers are 34 small cities that used to serve primarily as retail and transportation centers for surrounding agricultural areas,but are now home to many residents who work in the urban area and many industries with few ties to agriculture.Examples include Young America.New Market and St. Francis. These cities should pace development with their ability to provide their own urban services, but without regional facilities. 72 Discussion Draft Land Use in the Rural Area* Rural Service Area Examples of Consistent Land Uses Commercial Agricultural: broad range of agricultural land uses, including horse boarding and training, Agricultural Region kennels, sod farms, tree farms, fish production and processing, storage areas or buildings Residential: single family residences, maximum density of 1/40 acres, accessory apartments CommerciaVlndustrial: small on-farm operations normally associated with farming • Institutional: urban generated facilities, such as waste disposal facilities; prohibited from primary protection areas unless no other location available; prohibited from secondary protection area unless no site in general rural use area available General Rural Use Agricultural: all uses listed for commercial agricultural policy area Area Residential: single family residences at a maximum density of 1/10 acres computed on the basis of 640 acre parcels (one square mile), twin homes/duplexes (meeting density standard), accessory apartments, group-living homes with shared cooking facilities Commercial/Recreational and Urban-Generated Uses: urban-generated uses, including recreational vehicle parks, racetracks, festival sites, campgrounds, gun clubs. private airports, solid waste facilities, auto salvage/recycling, other similar facilities, neighborhood convenience /service/retail uses, such as financial offices, video stores, gasoline, groceries, daycare centers, commerciaVservice/retail uses adjacent to or served by existing metro highways, agricultural products processing, home occupations. bed and breakfast lodging facilities, dentist and doctor offices, landing areas for ultralight and model airplanes, retreat facilities, golf courses Industrial: sand and gravel mining, urban-generated uses that require a spacious, isolated location, small manufacturing firms originating from home occupations, oil or gasoline storage tank farms. refineries, solid waste transfer/processing facilities Institutional: urban-generated uses. such as waste-disposal installations, jails, prisons. public airports, human service agency satellite offices, parks, trails, open space, other similar facilities, unique nature! or conservation areas. schools. churches, cemeteries Rural Centers Residential: urban density housing development consistent with local plan and ability tc provide and finance services including sewer. roads, water and stormwater drainage; new residential development in staged contiguous manner and larger amounts within local central sanitary sewer service area meeting state and federal water quality standards: on-site systems to meet installation and inspection standards Commercial/industrial: commercial/retail/services meeting the needs of the center and adjacent rural area: manufacturing and agricultural related service operations including grain elevators, creameries: urban scale development consistent with local plan and ability to provide and finance services including sewer. roads, water and stormwater drainage Institutional: urban uses such as schools, churches, human service agency offices, community/public buildings "Even thcuc-a particular land use may be acceptable in the r..-a area from a 0ecional pers:enve. the Council will no:recommenc tnat every cc^munity provide for eery possible land use:n its rural area `It would nor cc consistent e. local pears All uses would alsc be subject to any coal,regiona r state Permitting c'.icensing requirements. 73 Discussion Draft The Metropolitan Urban Service Area The Council's preliminary land supply estimates for 1990 and projected land demand from 1990 to 2020 show for the region as a whole and for the quadrants and sectors that sufficient serviced land currently exists to meet needs through The Council will update its 2005 in the metropolitan urban service area.These estimates of land supply are data on developable land based on the assumption that the region will continue to develop according to every five years. today's trends in density and general geographic patterns.The Council does not expect that development will occur evenly across the region. Long-range forecasting is difficult and uncertain, making regular monitoring essential. The Council will monitor development activity at regular intervals (annually)and evaluate land availability(every five years).This will allow for a more orderly and economic staging of regional and local investments,a more timely regional response to anticipated and unanticipated land demand and assessment of the effect that any Blueprint strategies may have on the rate, pattern and location of land consumption and development. Although,preliminary regional data show there is no need overall to enlarge the urban service area before 2005, the Council recognizes the need to review its land use data with each community. This regional/local review process is important for communities at the edge of the urban service area and those completely within it.What happens on the inside in terms of development,infill, redevelopment and reinvestment affects what goes on at the urban development fringe,and vice versa.The Council will work with local communities to review and improve the quality of the Council's land use information.This process will likely take two years. The process began in 1993 by starting with sectors and communities where the data indicates emerging shortages.This process will be completed by the end of 1995. Once this regional/local process is completed, land use information will be regularly updated every five years. Freestanding Growth Centers The Council supports urban-density residential, commercial and industrial development in freestanding growth centers. Freestanding growth centers are similar to communities within the urban service area in that they have a full range of services and thus are able to accommodate a full range of urban land uses.The distinction,however,is that freestanding growth centers are physically separated from the larger urban service area by undeveloped land. In addition,they have an employment base within the community that is large enough to provide work for the local population. They are more than just residential communities. The Council will make investments in metropolitan systems serving freestanding growth centers based on the overall urban service area policies, as applicable. The Council has identified seven communities as freestanding growth centers: Forest Lake, Stillwater-Bayport-Oak Park Heights, Hastings, Farmington. Jordan. Belle Plaine, and Waconia. 74 Discussion Draft Freestanding Growth Center Criteria 1.The community is physically separated from the urban services by undeveloped, unserviced land. 2.The community has a basic set of urban services including sewer and water, full-time police and fire protection. 3.The community has schools from elementary through high school. 4.The community is an economic center and provides a basic level of employment and retail. PRINCIPLES AND CRITERIA FOR CHANGING THE LOCAL URBAN SERVICE AREA When a local government requests a change in the staging in its comprehensive plan by either adding more land to its urban service area or changing the urban service area boundaries, the Council will use the following principles and criteria. Principles for Changing Urban Service Area 1.No regional sewer service will be provided during the year-2020 planning horizon to cities or townships that currently do not receive regional sewer services. However,if growth rates accelerate in a sector and there is a deficiency of developable land within the sector,the Council will reevaluate the need to add urban service land to a new community. 2.No expansion of a local urban service area will be allowed unless appropriate and sufficient regional sewer and transportation capacity exists or is planned. 3.An urban service area compact will be developed between the Council and local community outlining the respective roles,responsibilities and commitments.In subsequent applications for urban service area changes or expansions,the local community will provide an assessment of progress and actions taken.The Council will also include in the review of the request an assessment of regional progress and actions. If the Council determines lack of sufficient progress or actions to carry out the compact the request for change or expansion will be denied until the Council determines that sufficient progress has been made. 4.The Council discourages incremental changes to a local urban service area.Local governments should not submit more than one comprehensive plan amendment requesting a change to the urban service area per year. If numerous requests are submitted, the local government must analyze how the total number of proposed changes will affect regional forecasts and system plans and operations. 75 Discussion Draft Criteria for Increasing the Size of an Urban Service Area The Council will consider requests from local units for expansion to the urban service area.These requests will be considered together for their impact on the region as a whole, metropolitan systems, regional policy objectives and other units of government. Each request,submitted in the form of a comprehensive plan amendment,will be evaluated at both the local level and at a subregional level, as appropriate, and must satisfy the following criteria: 1.Forecasts and Urban Land Demand.Is there demonstrated urban land need.The Council first reassesses land supply and demand based on current Council forecasts and a comparison of figures provided by the local governmental unit.The Council will analyze the local community's request in terms of the urban land supply/ demand in the pertinent regional data sector(s),cluster planning area,the sewer interceptor and treatment plant service area,and transportation corridor area to ensure a five-year overage.If the land supply is below or within three years of the five-year overage and regional facilities(transportation and sewer)are adequate, the Council will consider a service area expansion;in no case will land in a rural service area community be added to the MUSA for a net increase of serviced land unless there is a shortage of land suitable for development in the urban service area communities within the pertinent data sector(s). 2. Transportation and Sewer Service. Metropolitan transportation and sewer services must be in place or planned for implementation concurrent with the development proposed in the request.Analysis of transportation system impacts will include those communities or areas that are within the same regional transportation (highway or transit)corridor(s)or service area(s).Adequate capacity in the metropolitan sewer(treatment plant and interceptor)and highway systems must be available to serve any new development.Analysis of sewer service capacity will include those communities that are within the same service area of the wastewater treatment interceptor or treatment plant. 3.Staging. As communities seek to provide urban services to areas which are not currently urbanized,the communities must specify in five year urbanizatior areas, the timing and sequence of major local public facilities in the capital improvement program and also the official controls which will ensure that urbanization occurs only in designated urbanization areas and ir,accordance with the plan. 4.Rural Area Policy. Areas of the community no: receiving urban services must be consistent with the Council's rural area policy for land uses and protection of prime agricultural land. 5.Local Comprehensive Sewer Plan.The local government must have an up-to-date comprehensive sewer plan, including on-site sewer management. 6.Local Transportation Plan. The local govemmer:must have an up-to-nate transportation plan. 7.Local Assessment Practices.The local government has assessment practices that limit creation of vested development rights. In addition, the request must also address how tre community has and intends to address the following regional issues: 1.Housing Diversity.Local implementation of strategies and actions that a:ow for a variety of housing types and prices for current and future residents including ouilding mixed-use or,nfill development and increasing density in residential development. 2.Environmental Resources. Use of environmental factors to guide urcan development, concentrating development in areas environmentally suited for cevelopment. and 3.Shared Services. Local plans for service coope•ation or consolidation and cost savings as well as the governmental unit's place and role the oroader cl;,ster context including raiationship to school districts. 76 Discussion Draft CHANGING THE BOUNDARY OF A LOCAL URBAN SERVICE AREA If a community cannot justify increasing the size of its urban service area or if the community seeks to otherwise change the configuration of its urban service area,the Council will consider land-trade proposals involving vacant,developable land adjacent to the urban service area provided metropolitan systems and other governmental jurisdictions are not adversely affected.The Council will use two options to evaluate land trade proposals. a.The proposals must involve equal amounts of vacant,developable land with similar land use types and intensities as well as similar urban service(transportation and sewers)characteristics;or b.If the scale of land use and the intensity of potential development differ between the parcels,then proposed land trades must have similar urban service characteristics.Proposals will also be evaluated to determine their impact on the affected sector's five-year overage of land. Under either option, the Council will use the above criteria to evaluate the proposal.The local community,however,need not demonstrate regional urban land need. REGIONAL/LOCAL COST-SHARING AGREEMENTS The implementation of cluster planning may require the negotiation of a formal agreement to share the costs of regional facilities. The Council will consider local/regional cost-sharing only at the request of a local government. Cost- sharing will typically arise in a situation where a local government seeks to Cost-sharing is usually change the capacity, timing, or staging of regional facilities. an issue when a community wants to change the Upon the request of a local government, the Council must decide whether it capacity, timing or staging wants to enter into such an agreement based upon the following factors: of a regional system. •Costs--laying out the costs and timing of all projects,both regional and local. The Council will compare costs using when appropriate a present value analysis. It will also examine the cost burden and allocation of costs. •Services -- specifying the services being provided, service levels, which communities are being served and what segments of the population within a community are being served. •Consistency with regional policies -- evaluating how well the community is achieving regional policies and the consistency of the proposal with regional policies. The Council will use the information gathered in this step to evaluate the net benefit to the region,as well as to analyze what the region would gain under such 77 Discussion Draft a proposal and what local government would gain.The Council will also use this information, as well as the information obtained through the cluster planning process, to establish the scope of the agreement. This scoping will include identifying the appropriate parties to the agreement,and the issues that need to be resolved as part of the agreement. If the Council determines that there are net regional benefits and that the proposal is appropriate from a regional perspective, then it will negotiate a resolution of the issues with the interested parties and decide how the costs should be shared.The Council will evaluate both the project and the financing against its economic and fiscal evaluation criteria.In general,the Council would like to see both parties,the agency and the local government,better off with than without the cost-sharing agreement and it would like costs shared according to measured and/or perceived benefits.The Council's policy plans for metropolitan systems should include more specific criteria such as measures that ensure the integrity of the individual regional system and language that specifies regional ownership and control of the facility involved. As part of the agreement,additional formal steps may need to be followed.The local government may need to amend its comprehensive plan;the Council may need to amend the affected policy plan to include the project. The affected agency may need to amend its development program or capital improvement program and capital budget to include the project. Monitoring the Region and Focusing Council Action The Blueprint calls for action to address critical issues facing the region.This section describes how the Metropolitan Council will: •Develop and monitor benchmarks to measure progress toward Blueprint goals. •Identify emerging issues,new challenges to the region to get out in front of them and forestall crises. • Develop an annual Council workplan using this information. This includes changes or elimination of any Council actions that are not effective,re-direction of Council efforts--policy development,research, and/or technical assistance- -to issues that meet criteria for evaluating and prioritizing issues. REGIONAL OUTCOMES The strategy sections describe the need for regional action in four major areas: the regional economy, reinvestment in older parts of the region, guiding new regional growth and ensuring the region's environmental quality. This section outlines the long-term outcomes or performance indicators of results that provide goals for the Council and others to work toward in carrying out those strategies.Many of these outcomes will re;:uire private as well as public action 78 Discussion Draft and a level of regional collaboration that is new. The Council's intent is to monitor and to report the region's collective success,as well as to evaluate the effectiveness of the Council's own specific role in the effort.Specific performance indicators will be identified in the Council's annual workplan. In most cases,the Council is not the appropriate agency to collect the primary data for performance indicators.In most cases other public and private agencies collect the information; the Council will evaluate those data sources for reliability,validity,timeliness, relevance and representativeness. Performance Indicators for the Regional Economy 1.The region's aggregate economic growth exceeds the U.S. average. 2.Public capital investments on regional infrastructure compare favorably with other regions in the U.S. 3.Public incentives for economic development result in net increases in jobs in the region; the proportion of new jobs in the region that pay above minimum wage exceeds the state and national averages. 4.The skill level of region's labor force is nationally and internationally competitive. 5.The proportion of business leaders who perceive the region's business climate to be favorable increases--compared to comparable regions in the U.S. Performance Indicators for Regional Reinvestment 1.Cost barriers for reinvestment/redevelopment in older parts of the region will be reduced from 1990 levels. 2.The number of contaminated sites in the region that are put back into productive commercial/industrial use will be higher than the number of sites that are abandoned. 3.Identified at-risk areas in the region will be"targeted"for innovative programs that link economic development with community development. 4.The local assistance and policy development/implementation roles of the Council are perceived to be positive(conducive)to local redevelopment efforts. 5.A higher proportion of public investment dollars are targeted to the region's distressed areas. 6.The research and local assistance roles of the Council are perceived by local governments as helpful to neighborhoods facing decline--to promote renewed confidence as places to live, raise children and invest in a home or business. 7.The regional trend of increasingly concentrated poverty is reversed. Performance Indicators for Guided Growth I.Increased level of consistency between actual land use and planned land use for the urban service area, the freestanding growth areas, and the rural service area. 2.Council decisions on changes to the current urban service area boundary and regional infrastructure investments will reflect adopted policy criteria. 3.Density within the urban service area is increased.particularly along. selected 79 Discussion Draft transportation corridors and in designated activity "nodes." 4.Local comprehensive plans and implementation activities--zoning,building codes and ordinances,capital improvement programs--actively support and are consistent with regional development objectives. 5.The rate of development of identified"prime farmland"in the region will be reduced. Performance Indicators for Environmental Quality 1.Maintain at 1990 levels and/or increase quality of water in the region's natural watercourses (lakes wetlands, streams, rivers,drainage channels, aquifers). 2.By 2015,there will be no adverse impacts on the region's waters,so the quality of water is as good when it leaves the region as when it entered. 3.The region's woodlands and "urban forests" have been documented and strategies adopted to protect and manage them. 4.The region's air quality is improved. ADDRESSING EMERGING AND ONGOING REGIONAL ISSUES Changes in the region may signal issues or problems that must be addressed for the overall good of the region--or they may indicate that an old problem has been solved.The regional planning and the local comprehensive planning process put the Council in a position to identify critical issues and assess them so the Council can seek out entities,public or private,to take new action on the issue or to assess their programs and methods to be more effective. The vast majority of issues would not become the Council's responsibility for action or ongoing attention. The Council will use the 5-step process and criteria listed below to identify,sort, evaluate,and move regional issues for study and action.Building accountability is a cornerstone for focusing action, both for the Council itself and for other, independent groups without resorting to regulation or control over them.In most cases,there is likely a"responsible party or parties." However,in some cases, the Council could ask the Minnesota Legislature to intervene--to identify a responsible agency in the region. In that case, the Council will propose and advocate for new legislation to address the issue. 80 Discussion Draft Criteria for Identifying and Managing Emerging Issues Step 1:Identify Issues--Is this a regional issue? a.ls the issue of regional importance? -What aspect of the issue needs a regional perspective? •Is there a role for regional advocacy? By whom? •Is it being dealt with by someone? -Has Council looked at issue previously?What action did they take? b.What are the potential overall regional impacts with or without action? c.Does the issue cross local government/district lines? d.Does this issue affect/concern equity within the region? •Does it involve a redistribution of resources? •Does it involve access to resources? e.Does the issue involve cost-effective/efficient delivery of services? f. Is regional financing/oversight required to ensure cost-effective/efficient operations or service de very. -Are economies of scale involved? -Is the region the appropriate level? -Are there implications for overall capital costs or for total costs of consolidated regional operating budget? Step 2:Examine and Define Problems-- What is the best way to use regional and Council resources? a. What level and type of action is needed?What of the following is needed: •Issue solution? •Implementation of a solution? •Performance accountability? b. What unique contribution can the Council make? -Will the key organizations collaborate in addressing the problem? -Can the Council's interdisciplinary and or regional perspective make a difference? -Can the issue be handled better elsewhere? c. Does the Council have the resources to take on the issue? -How important is the issue compared with other Council priorities? -Who can work with us on it? •What is the appropriate level and type of Council involvement? •Is the issue time limited? d. What are the implementation/fiscal impacts? -What are costs of activity if performed by Council? -What are the regional costs of activity if handled elsewhere verses if candled inte—:ally? •What income is associated with performing activity? e. Do the Council's decisions on individual ongoing or emerging issues,when,taken as a whole, re-3A in a Metropolitan Council that can execute its role and purpose? Step 3:Propose Solutions-- What are the recommended roles:for the Council?for of-ers? a.What are the consequences if the Counc:l doesn't accept the recommendations? Would doing so hamper the ability of others to carry out their roles? b.Will other key organizations carry out thei•recommended role? Will doinc so help the 'egion? What is the best way to use regional/Council resources? a.ls there a direct service role? c.What impact would it have on the Council workforce? Step 4: Carry Out Solutions-- Is solution being implemented? What modifications are ,.ceded? Step 5:Performance Accountability--Is the Council done?Is this still a reg o^al issue? /hat nev. .sues have emerged? SI Discussion Draft ANNUAL WORK PROGRAM UPDATES The Council will annually update its work program reviewing of prior years' performance--how effective were the Council's action steps in moving the region toward Blueprint outcomes;incorporating any"new"regional issues that survived the 5-step priority-setting process;and dropping any"old"issues that are no longer regional priorities, or which are more effectively dealt with by others in the region. Appendix C will be updated annually to describe: •The Council's overall work effort and specific "action steps"arranged by the four Regional Blueprint Strategies--regional economic strategy, regional reinvestment strategy, regional strategy for guiding growth and regional environmental strategy; •Expected long-term outcomes of Council action; and •Staff division within the Council that has primary responsibility for the work. 82 Discussion Draft Appendix A. Population, employment, and household forecasts [Current forecasts to be included;to be monitored annually]For a copy call the Council's Data Center at 291-8140 and request publication no. 620-93-066. B. Handbook for Local Comprehensive Planning and Other Referrals The Council will revise its referrals process and the guidelines for reviewing local comprehensive plan amendments to reflect the direction of the Regional Blueprint. The Council will develop a handbook for local communities and others that explains how the comprehensive planning and referrals process works.The Council will introduce a performance-based process for the review of local plan amendments and other referrals.The performance based review will be a flexible process which evaluates how well communities meet certain criteria. The Council will develop different criteria for the various review functions of the Council. Many of the criteria will actually include two classes of review criteria. There will be several required criteria which all referrals will need to satisfy.For example,see the criteria for increasing the size of an urban service area. The second class of review criteria will be variable criteria. The variable criteria will provide the flexibility to recognize the differences inherent in the region. Examples of the variable criteria are included in the checklist of potential regional objectives contained in the cluster planning process discussion. Expansions of the urban service area as well as setting priorities for regional funding will be based on how well the referral item meets the criteria.This effort is not intended to restrict the quantity of development but rather focus on the quality of development and working together to meet regional objectives.The performance-based process is designed to reward,not penalize,communities for helping achieve regional objectives. C. Annual Work Program Updates [To begin with Council work program planning for calendar year 1995] 83 MEMO TO: Shakopee City Hall Staff FROM: Dennis R. Kraft, City Administrator RE: County Strike DATE: April 14 , 1994 As you all know, the Office and Technical Employees Union at Scott County is presently on strike. In the event that your job duties and responsibilities require you to cross a union picket line, you are required to do so as required by the PELRA and State Statute. If you are using a City vehicle and find it necessary to cross a union picket line it is advisable to stop at all stop signs erected at said picket line. If you are denied access to your work site or location where you intend to conduct City business and your access is obstructed, you should attempt to access said facility without engaging strikers in a confrontational manner. If you are physically obstructed by a striker, please report the incident to the Assistant City Administrator or myself immediately. I wanted to share these concerns with all City employees in the event that the Scott County workers select to picket other locations where we regularly conduct business. If you have any questions, please contact me or Barry Stock. TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA APRIL 19, 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 i ems 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 April 5th and 12th, 1994 10] Communications: a) Don Egan, Mayor, Savage, expression of appreciation for assistance 11) 7: 00 P.M. Public Hearing on the vacation of a portion of the alley west of Market Street between 4th and 5th Avenues - Res. No. 3989 12] Recommendations from Boards and Commissions: a] Preliminary Plat of Orleans Addition, located east of CR-17 and south of Hillside Drive - Res. No. 3985 *b] Amendment to Final Plat of Market Place, located on the northwest corner of Market St. and 5th Avenue, Res. No. 3986 *c) Final Plat of Holmestead Ridge 1st Addition, located east of CR-79, south of Mint Circle and north of the proposed bypass - Res. No. 3987 *d) Amendment to High Five Erectors Planned Unit Develop- ment, located at 700 CR-83 - Res. No. 3988 TENTATIVE AGENDA April 19 , 1994 Page -2- 13] Reports from Staff: *a] Hiring of Fire Fighters *b] Hazardous Material Response Suit c] Assessment Policy on County Road Projects - Res. No. 3991 d) Downtown Alley Project e] Canterbury Downs Letter of Credit *f] MWCC Easement *g] Release of Temporary Easement *h] Approve Bills in the Amount of $428, 659 . 20 *i] Probation Termination - Mike Huber 14] Resolutions and Ordinances: a] Ord. No. 376 - Regulating Pawnbrokers b) Res. No. 3990 - Amending the 1994 Fee Schedule *c) Res. No. 3995 - Amending the 1994 Budget d] Res. No. 3992 - Accepting Petition and Ordering Report for Alley Between 3rd and 4th *e] Res. No. 3993 - Accepting Bids on Rahr Service Line, Project 1994-8 *f] Res. No. 3994 - Accepting Report and Ordering Plans On 1st Avenue Sidewalk From Shakopee Chevrolet to The Mill Pond Bridge *g] Res. No. 3996 - Workers Compensation Resolution *h] Res. No. 3964 - Initiating Vacation of Cass Street i] Res. No. 3997 - Approving Plans and Ordering Ad for Bids for the Public Works Parking Lot, 1994-9 15) Other Business: a] b] c) 16] Recess for an executive session to consider strategy for labor negotiations 17) Re-convene 18] Adjourn Dennis R. Kraft City Administrator TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting April 19 , 1994 1 . Roll Call at 7 : 00 P.M. 2 . Approval of April 5, 1994 Minutes 3 . Stans Project - Phase I and II Contractor Selection 4 . Canterbury Downs - Letter of Credit 5. Other Business a) b) 6. Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING & REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 5, 1994 Chairperson Lynch called the meeting to order at 7: 04 p.m. with Commissioners Dirks, Laurent, Beard & Sweeney present. Also present: Dennis R. Kraft, Executive Director/City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Lindberg Ekola, City Planner; and David Hutton, Public Works Director. Sweeney/Dirks moved to approve the minutes of March 8, 1994 . Motion carried unanimously. Mr. Stock brought the HRA up to date on the activities involving relocating the Stans House to another lot. He also explained that the HRA's purchase of the lot on 2nd Avenue has fallen through and explained why. He also explained that he has obtained four quotes for the relocation of the house and that he is recommending that an agreement be entered into with Voight Movers contingent upon the successful acquisition of the property on 2nd Avenue. He explained that if a different site is selected that we would need to obtain a new quote. Sweeney/Beard moved to select Voight Movers as the building relocation contractor and authorize the appropriate city officials to enter into an agreement with Voight Movers. Mr. Kraft explained the background on the negotiations to purchase a lot at 1124 East 2nd Avenue. He explained that when he went to the closing that the sellers had decided that their bottom line was too low and were not willing to complete the sale of the lot. Ms. Marty explained the recourse that the City had for a breach of the purchase agreement. Motion withdrawn. Sweeney/Beard moved to direct staff to sue for specific performance under the purchase agreement between the Shakopee HRA and the property owner at 1124 East 2nd Avenue. Motion carried unanimously. Sweeney/Beard moved to direct staff to enter into an agreement with Voight Movers to relocate the house located at 135 West 3rd Avenue to 1124 East 2nd Avenue contingent upon the successful acquisition of the property located at 1124 East 2nd Avenue. Commissioner Sweeney explained that there is a lot available upon which to store the house if the lot does not become available in a timely manner. He stated that there is an agreement signed by the property owner which is being returned to the City allowing for this storage. Official Proceedings of the April 5, 1994 Housing & Redevelopment Authority Page -2- Commissioner Laurent explained that he is opposed to the project as a whole, but since the HRA is going forward with the project he will support the prudent motions to support this project. Commissioner Beard concurred. Motion carried unanimously. Beard/Sweeney moved to authorize staff to look into the cost to move the house onto the lot for storage. Motion carried unanimously. Mr. Stock explained that staff has met with the City's Bond Counsel to determine what actions are necessary to amend the Tax Increment Financing (TIF) Plan to allow for financing of park and public improvement projects; and, to expand the project area to include the property south of the High School. Discussion followed. Sweeney/Laurent moved to set the public hearing on a modification to the redevelopment plan for April 27, 1994. Motion carried unanimously. Sweeney/Beard offered Resolution No. 94-1, A Resolution Relating to Minnesota River Valley Redevelopment Project No. 1; Requesting the City Council to Approve a Modification to the Redevelopment Plan; and Requesting the City Council to Approve a Modification to the Tax Increment Financing Plan for Tax Increment Financing Districts No. 2 , 3 , 4 , 7 and 9, and moved its adoption. Motion carried unanimously. Mr. Voxland recommended that the HRA close TIF District #6 . He explained that bonds were sold to provide financial assistance for the expansion of the Shakopee Valley Motel and that the bonds that were issued have been paid off. Discussion followed. Sweeney/Dirks offered Resolution No. 94-2 , A Resolution Terminating and Decertifying TIF District #6 within Minnesota River Valley Housing and Redevelopment Project No. 1, and moved its adoption. Motion failed with Commissioners Lynch and Sweeney in support of the motion . Lynch/Dirks moved to authorize payment in the amount of $380. 00 to Mr. David Rutt for title insurance (for property purchased from the City near Market Street and 5th Avenue) . Mr. Rutt addressed the HRA explaining why he obtained the title insurance and why he is requesting reimbursement for the cost he has already paid . Discussion followed. Motion denied with Commissioner Sweeney in support of the motion . Official Proceedings of the April 5, 1994 Housing & Redevelopment Authority Page -3- Beard/Sweeney moved to reconsider the motion setting the public hearing on a modification to the redevelopment plan for April 27, 1994 and changing the date to May 3rd. Motion carried unanimously. Chairperson Lynch adjourned the meeting to April 19, 1994 at 7: 00 p.m. Meeting adjourned at 7:46 p.m. Dennis R. Kraft Executive Dir ctor a dithdOIP- S. Co ty Clerk ecording Secretary 3 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Barry A. Stock, Assistant City Administrator RE: Stans Project - Phase I and II Contractor Selection DATE: April 13 , 1994 INTRODUCTION: In order to maintain the time schedule that was presented earlier for relocating the Stans home and subsequent remodeling, staff would like to request that a contractor be selected to complete phase one and two of the project construction. BACKGROUND: Council policy specifies that all purchases between $5, 000 and $25, 000 require two formal proposals and Council action. Staff has broken the Stans housing relocation and remodeling project down into three specific phases of construction. Phase one consists of work associated with preparing the house for the actual move. The work scope includes the following activities: 1. Disconnect all utilities. 2 . Disconnect sewer and water at curb stop. 3 . Prepare house for raising and moving. 4 . Barricade basement after house removal and remove foundation and related debris. 5. Fill hole and compact with engineered fill. Phase two of the project primarily involves preparing the site to be acquired for the home. Work scope tasks include the following: 1. Excavation. 2 . Complete 11 course basement. 3 . Concrete sidewalks and slabs. 4 . Sewer and water connection to inside of foundation. Staff spoke with many local contractors and sent work scope proposals to the following: 1. Stan Pint 2 . Cy Carlson 3 . Jim Monnens 4 . Dave Schmitt 5. Fritz Menden Only one contractor has responded to the solicitation for proposals. Dave Schmitt Construction, has submitted price quotes for both phase one and phase two as outlined above. The phase one quotation equates to $7 , 945. His phase two price quotation equates to $19, 406. Staff is proposing the phased construction route in an attempt to keep costs down. Both of the cost quotations received for phase one and phase two are within staff's earlier projected cost estimates. Staff is in the process of preparing a proposal form for phase three. Phase three work tasks will include improvements to the building interior including electric, plumbing, and heating. Staff expects that the price quotation for phase three will range between $15, 000 and $20, 000. Staff will follow a similar procedure in obtaining price quotations for phase three. Other potential improvements to the building are expected to be below $5, 000 and will not require specific HRA action. If additional project improvements to the building are desired by the HRA that exceed $5, 000, staff will have to once again solicit formal proposals and receive HRA approval. At this time, staff is recommending that the phase one and phase two cost proposals submitted by Dave Schmitt Construction for the Stans house relocation project be accepted. ALTERNATIVES: 1. Accept the phase one and phase two price quotations submitted by Dave Schmitt Construction for the Stans house relocation project. 2 . Direct staff to obtain additional price quotations for phase one and phase two. 3 . Direct staff to seek one comprehensive bid for the entire house relocation and remodeling project. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Accept the phase one and phase two price quotations submitted by Dave Schmitt Construction for the Stans house relocation project. 4tl/ MEMO TO: Shakopee HRA/Honorable Mayor and City Council FROM: Dennis R. Kraft, Executive Director/City Administrator RE: Canterbury Downs Letter of Credit DATE: April 15, 1994 INTRODUCTION: Randy Sampson, President of Canterbury Park Holding Company, the owner of Canterbury Downs has requested that the Shakopee Housing and Redevelopment Authority and the Shakopee City Council accept a personal guarantee from Curtis Sampson as a replacement for the letter of credit which is currently in place as a guarantee for the payment of real estate taxes for Canterbury Downs. Curtis Sampson is the majority share holder of Canterbury Park Holding Company. BACKGROUND: When Tax Increment District No. 4 was set up in 1984 an assessment agreement was entered into with the owners of Canterbury Downs which guaranteed a minimum assessed value of slightly over $43 , 000, 000. In 1992 Ladbrooke Racing Corporation, the second owners of Canterbury Downs requested that the HRA reduce the minimum assessed value for Canterbury Downs in an attempt to help the financially ailing racetrack reduce it's financial loses. After a period of negotiation the HRA and Ladbrooke agreed to reduce the minimum assessed value to approximately $14, 000, 000. This resulted in a property tax reduction from $2 , 600, 000 per year to $1, 000, 000 per year. As a part of these negotiations the HRA required that an irrevocable letter of credit being put in place which would guarantee the payment of real estate taxes for Canterbury Downs. The specific concerns the HRA had at this time were related to Canterbury Downs closing and then not paying their property taxes. In that the Ladbrooke Corporation is headquartered in Great Britain it was envisioned that collection of property taxes might be quite difficult. The major reason for this substitution request is that a letter of credit would have an annual cost of 1 1/2% of the outstanding balance of the letter of credit. This would amount to $45, 000 for 1994 and 1995. The owners of Canterbury Downs have indicated that they would rather spend this money on the track rather than giving to a financial institution for the letter of credit. Also the Bank would require that Canterbury Park Holding Company (CPHC) pledge a substantial amount of their assets for the letter of credit. CPHC needs these assets for the remaining balance due on the purchase of the racetrack. In that Mr. Sampson has substantial assets in the State of Minnesota, including both real and personal property and in that Canterbury Downs would, in all likelihood, not be able to operate if they were delinquent in the payment of their real estate taxes the risk to the HRA and the City is not very great. If property taxes were not paid the City would not grant a liquor license and the Minnesota Racing Commission might suspend their racing license. In 1992 , when the original letter of credit agreement was negotiated, the risk of non-payment of taxes was much greater. Currently there are four remaining property tax payments scheduled to be made under the letter of credit. Canterbury Downs has indicated that they will pay their first half 1994 property taxes prior to the amendment of this agreement (if the agreement is approved by the City Council and the HRA) . The City Administrator, the Mayor and the Finance Director have had an opportunity to review Mr. Sampson's personal financial statement which indicates a net value in excess of $20 million. The attached letter from Randy Sampson provides additional background information on this item. ALTERNATIVES: HRA: 1. Approve a modification of the existing Payment Assurance and Security Agreement between the HRA and Ladbrooke Racing Canterbury, Inc. which would substitute a personal guarantee from Mr. Curtis Sampson in lieu of a letter of credit from Canterbury Park Holding Co. 2 . Require Canterbury Park Holding Co. to obtain a letter of credit for the guarantee of payment of property taxes. CITY COUNCIL: 1. Approve a modification of the existing Payment Assurance and Security Agreement between the HRA and Ladbrooke Racing Canterbury, Inc. which would substitute a personal guarantee from Mr. Curtis Sampson in lieu of a letter of credit from Canterbury Park Holding Co. 2 . Require Canterbury Park Holding Co. to obtain a letter of credit for the guarantee of payment of property taxes. RECOMMENDATION: HRA and CITY COUNCIL: It is recommended that the HRA and the City Council allow the substitution of a personal guarantee for a letter of credit for Canterbury Downs. It is further recommended that this occur after the City's legal counsel has drafted and approved the appropriate contract language. ACTION REQUESTED: HRA and CITY COUNCIL: Direct the appropriate HRA (and City Council) officials to modify the agreement with Canterbury Park Holding Co. and Curtis Sampson which will substitute a personal guarantee for a letter of credit for the payment of taxes on Canterbury Downs Racetrack for years 1994 and 1995. 04/15/94 15!31 (002 CANTERBURY April 15, 1994 - D 0 W N 5 VIA FAX AND U.S. MAIL Chairperson Joan Lynch and Commissioners Housing and Redevelopment Authority City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Canterbury Park Holding Corporation Security for Payment of Real Estate Taxcs Our Pile No. 17211-(X)5 Dear Chairperson Lynch and Commissioners: I. Introduction The purpose of this letter is to request that the Housing and Redevelopment Authority In and For the City of Shakopee (the "Authority") approve a modification to the existing Payment Assurance and Security Agreement between the Authority and Ladbroke Racing Canterbury. Inc., a Delaware ct)rphr�nn Woauld be replaced October ,with th1992 e tpersostal guarantee of e "Agreement"), so ai the Letter of Credit provided for Curtis A. Sampson, as will be discussed in more detail hereinafter. II. Historical Overview A. When Canterbury Downs was originally constructed in 1984/1985, the City of Shakopee created T.I.F. District No. 4 which encompassed the westerly and northerly 207.51 acres of the Racetrack property (the Grandstand and parking lot areas). That District allowed the City to use virtually all of the taxes generated therefrom for eight out of the next ten years to pay off certain bonds. We understand that T.I.F. District No. 4 terminates on or about December 31, 1994. The remaining 116.8 acres of the Racetrack (the stable area) was located in the pre-existing T.I.F. District No. 1 which was created in approximately 1979 and terminates on or about December 31, 2002. That District allowed the City to use virtually all of the taxes venerated therefrom to pay off certain bonds. ` B. in 1984/1985 the City committed to upgrade certain roads in the immediate cent arca which assisted in the traffic now to and °m�Inm fled by the anterbury Downs, C'ity was financed bytheindustrial park, and the entire City. The amountmoney 0t'R2042575 4/15Ai t:a�lii`i;�UT1" /owns/1100(..micit'uT\ Roacf/' ) 1;r.\ •)O3/Shale))U , titi37'►/;(;1fl4-15-77/1 94% P.02 APR-15-1994 •� :3 04/15/94 15:31 0 003 Chairperson Lynch and Commissioners April 15, 1994 Page 2 sale of bonds. The amount so committed has been paid back in full by the taxes collected from Canterbury Downs as was anticipated. We understand that the taxes collected from Canterbury Downs were also available so the City could finance other road projects and other improvements throughout the City. C. In October 1992, the then owners of Canterbury Downs entered into the Agreement with the Authority to provide a Letter of Credit. When that amendment was executed, we understand that there was some concern about the timely payment of the remaining estimated tax payments pursuant to the Agreement which were then expected to be the following approximate amounts: Date Amount May 15. 1993 $500,000 October 15, 1993 500,E May 15, 1994 500,000 October 15. 1994 500,000 May 15, 1995 500,000 October 15, 1995 500.000 Total: $3,000,000 We believe that although then everyone acknowledged that the value of the Racetrack was sufficient to ensure that the real estate taxes would eventually be paid, since the remaining term of the Agreement then was for taxes payable in 1993, 1994 and 1995, the Authority did not want to expose itself to a temporary possible cash flow shortage during the collection process under Minnesota Statutes for tax delinquent properties in the event the taxes were not timely paid over the next three years. Moreover, since the taxpayer was a corporation located outside of the State of Minnesota. there was concern that the owner might be willing to delay payment of the taxes until such time as the Racetrack would be subject to sale as part of a real estate tax collection procedure. and only then would payment be made. thereby creating a temporary cash flow problem. None of the above has occurred. D. On November 4, 1993, Jacobs Realty, Inc. (a corporation 100% owned by Irwin L. Jacobs ("Jacobs"), individually) entered into a Real Estate Purchase Agreement with New Canterbury Downs, a Minnesota general partnership, consisting of Ladbroke Racing Minnesota, Inc. and Racing Corporation of Minnesota (a/k/a Hartman & Tyner, Inc.) 015/22042575 4/15/94 ggi P.03 APR-15-1994 1535 04/15/94 15:32 [ill 004 Chairperson Lynch and Commissioners April 15, 1994 Page 3 providing for the acquisition of the real estate and all other assets comprising Canterbury Downs. Mr. Jacobs indicated then that he might operate the property with other uses, not including horse racing. E. On November 19, 1993 Mr. Jacobs granted an option (the "Option") to acquire all of the stock of Jacobs Realty, Inc. to IMR Fund, L.P. (an investment fund for various public and private pension plans and trusts, including the Minnesota State Board of Investment, managed by an affiliate of Mr. Jacobs). F. On January 19, 1994 Jacobs Realty, Inc. completed its acquisition of the Canterbury Downs and supplied a replacement Letter of Credit in the amount of $2,000,000, as required by the Purchase Agreement with New Canterbury Downs, and in conformance with the Authority's existing Agreement with Ladbroke Racing Canterbury, Inc.. G. On March 24, 1994, CPHC was formed as a Minnesota corporation. Ownership of CPHC is divided as follows: Percentage Sharehol t rc No. of Shares Ownership Curtis A. Sampson 760,000 66.55% Dale H. Schenian 352,000 30.82% Randall D. Sampson 30,000 2.63% Total 1,142,000 100.00% H. On March 29, 1994, Canterbury Downs was purchased by CPHC by means of the acquisition of the Option and the stock of Jacobs Realty, Inc. from the IMR Fund and Mr. Jacobs. 1. Immediately following its acquisition of Jacobs Realty, Inc. on March 29, 1994, CPHC caused the merger of Jacobs Realty, Inc. into CP1IC so that CPHC now owns Canterbury Downs directly. J. As part of the Purchase Agreement with Jacobs and the Fund, by May 1, 1994, Cl'HC must replace the Letter of Credit referred to in paragraph F above with a form of security acceptable to the Authority. We propose to do this with the personal guarantee of Curtis A. Sampson. 015/22042575 4/1 5/94 APR-15-1994 15:35 98% P.04 04/15/94 15:32 005 Chairperson Lynch and Commissioners April 15, 1994 Page 4 ILL Request by Canterbury Park Holding Corporation A. CPHC is financially able to replace that Letter of Credit by May 1, 1994 if no other acceptable security is approved by the Authority. Quite frankly, however, in order to do so CPHC must pay to the Bank issuing the replacement Letter of Credit a fee of at least One and One-Half percent (1.5%) per year on the outstanding balance which would probably be as follows: 1994 - $2,000,000 x 1.5% = $30,000 1995 - $1,000,000 x 1.5% = $15.000 $45,000 In addition thereto. CPHC and its principal shareholder, Curtis A. Sampson, would need to pledge to the Bank a substantial amount of their assets, which CPHC and Curtis A. Sampson need to devote to the payment of the remaining balance on the purchase price pursuant to the Purchase Agreement with Jacobs and the Fund and for operations in order to make Canterbury Downs a success. B. We therefore respectfully request that the Authority authorize an amendment to the Agreement so that the personal guarantee of Curtis A. Sampson be used in lieu of a replacement Letter of Credit. A draft of the proposed personal guarantee is enclosed as Exhibit A and a short form amendment to the Agreement to effectuate same is enclosed as Exhibit B. We have not had an opportunity to review these draft documents with Karen Marty. We believe that any changes required thereto by Ms. Marty can easily be accomplished if the Authority approves this proposal. C. As part of this proposal, and on or before the effective date of such a change in the Agreement, we would immediately pay the first half taxes due in the amount of approximately $500,000 by cashier's check so the Authority would be assured of the fact that the only theoretical risk of non-payment of the taxes in the future still due under the Agreement with the Authority is as follows: October 15. 1994 $500,000 May 15, 1995 $500,000 October 15. 1995 � Total: $1,500,000 015122042575 4/15/94 quo: e ARD-95-1994 q5:7,5 8% ('II 11 1�.J 1J�� 1J•VV 04/15/94 15:33 Il 006 Chairperson Lynch and Commissioners April 15, 1994 Page 5 D. If this proposal is accepted, we believe that any temporary cash flow problems for the Authority related to the risk of non-payment of the above real estate taxes in the future are just theoretical for the following reasons: 1. Curtis A. Sampson's guarantee is backed by a personal net worth in excess of$20 Million, as outlined in his personal financial statement we reviewed with Mr. Kraft and Mr. Voxiand on April 14, 1994. 2. The shareholders of CPHC have already invested $3 Million in cash in Canterbury Downs and will shortly pay the additional $6 Million outstanding under the Purchase Agreement with the Fund and Jacobs. 3. The sale price of$7 Million paid by Jacobs Realty, Inc. in January 1994, establishes a substantial value as to Canterbury Downs Property and the improvements thereon so there is substantial value to ensure payment of the remaining future total anticipated tax payments of approximately $1.5 Million in 199411995. 4. CPHC is a Minnesota corporation. Its shareholders are well known and respected Minnesota businesspersons. 5. If CPIIC failed to pay its taxes on time, then: a. CPHC could lose its Class A and Class B Licenses_ b. CPHC would lose the Liquor License for the facility. c. Curtis A. Sampson, Randall Sampson and Dale Schenian (all of the CPHC shareholders) would probably lose their personal licenses to race horses in Minnesota and elsewhere in the United States. 6. Most importantly, Curtis A. Sampson has never defaulted on any debt and has never even been sued in a business transaction and would never allow his business integrity to be blemished because of non-payment of taxes, or otherwise. E. CPHC is able to generate the necessary net operating income to pay the real estate taxes remaining under the Agreement on its own, which is demonstrated hereinafter. 015/22042575 4115194 APR-15-1994 15:36 94% P.06 04/15/94 15:34 till 007 Chairperson Lynch and Commissioners April 15, 1994 Page 6 After the payment of approximately $5(X),000 (the first half taxes due in 1994), the remaining approximate amounts due pursuant to the Agreement arc as follows: October 15, 1994 $500,000 May 15, 1995 $500,000 October 15,1995 $500.000 Total: $1,500.000 In 1994, CPHC will conduct simulcast racing only which has always been profitable at Canterbury Downs. As part of the very conservative projections for CPHC in 1994, CPHC has provided for payment of the taxes due in aloha 1994 and there is still a substantial cash balance remaining after payment of all other expenses. In 1995, CPHC will conduct simulcast racing all year and a minimum of 50 days of live racing. As part of the very conservative projections for CPHC in 1995, CPHC has provided for payment of taxes due in May 1995 end October 1995 and there is still a substantial cash balance remaining after payment of all other expenses. W. Conclusion We have tried to set forth above everything we know which may be relevant to this; request. If you have any questions regarding this request, 1 would be clad to meet or talk with you at any time. My office telephone number at Canterbury Downs is 445-7223; my home telephone number is 944-9821. Thank you. Very truly yours. Canterbury Park Holding Corporation Randy Sampson President 015/22042575 4115114 APR-15-1994 15:37 98% P.07 04/15/94 15:34 f21 008 Chairperson Lynch and Commissioners April 15, 1994 Page 7 Enclosures cc: Mr. Dennis Kraft Mr. Gregg Voxland Karen Marty, Esq. Mr. Curtis A. Sampson Mr. Dale 11. Schenian Richard Primuth, Esq., Attorney for Mr. Curtis Sampson Bruce Malkerson. Esq. 01 5/2204 2575 4/15/94 APR-15-1994 15:37 94% F.08 04/15/94 16:00 FAX 612 334 8888 POPHAM HAIK @]002.011 Draft of 4/15/94 GUARANTY THIS GUARANTY, dated as of April , 1994, in made and given by Curtis A. Sampson, an individual residing in Hector, Minnesota (the "Guarantor") , in favor of The Housing and Redevelopment Authority In And For The City of Shakopee, a public corporation of the State of Minnesota having its principal office at 129 East First Avenue, Shakopee, MN 55379 (the "Beneficiary") RECITALS A. Pursuant to that certain Payment Assurance and Security Agreement dated as of the 13th day of October 1992 (the "Payment Assurance Agreement") Beneficiary has received security with respect to payments of taxes applicable to the real property commonly known as "Canterbury Downs," in the form of an irrevocable standby letter of credit (the "Letter of Credit") in a currently available stated amount of $2,000,000 which was issued by The First National Bank of Minneapolis (the "Bank") on January 19, 1994, on behalf of Jacobs Realty, Inc. , a Minnesota corporation which became the owner of Canterbury Downs at such date. B. Jacobs Realty, Inc. , on January 19, 1994, assumed the obligations of the prior owners of Canterbury DoVnS under the Payment Assurance Agreement and that certain related Assessment Agreement and Assessor's Certification, as amended, bwen the Beneficiary and New Canterbury Downs, a general partnership d Ladbroke Racing Canterbury, Inc. (the "Assessment Agreement") and on March 29, 1994 Jacobs Realty, Inc_ was merged into Canterbury Park Holding Corporation ("CPHC") , as a consequences of which CPHC is the current owner of Canterbury Downs and is obligated to perform the duties and assume the benefits under the Payment Assurance Agreement and the Assessment Agreement. C. Guarantor is a principal shareholder of CPHC and has caused CPRC to pay in advance the ad valorem tax payment due May 15, 1993 in the approximate amount of $500,000 so as to reduce the amount otherwise required to be available under the Letter of credit to $1,500,000. D. Guarantor has requested that Beneficiary release the Bank from its obligations under the Letter of Credit and that Beneficiary accept in place of the Letter of Credit the personal guaranty of Guarantor up to a maximum of $1,500,000 to the same extent and to the same effect as if the Letter of Credit would continue to be in effect. E. Guarantor expects to derive tsenefits from his indirect ownership interest in Canterbury Downs. EXHIBIT APP-1 1 si94 PA ,1".7, 77a RPP.P r 04/15/94 16: 00 FAX 612 334 8888 POPHAMI HAIK Z003/011 F. Beneficiary would not release its rights under the Letter of Credit unless this Guarantee was executed and delivered. G. concurrently with the delivery of this Guaranty Beneficiary and Guaranty have entered into that certain Amendment to Payment Assurance Agreement and Security Agreement bearing even date herewith. Now, therefore, in consideration of the release of the Letter of Credit by Beneficiary and for other good and valuable consideration, Guarantor hereby covenants and agrees with Beneficiary as follows: Section 1. Defined terms, AC used in this Guaranty, the following terms sha1l have the meanings indicated: "$eneficiarv" shall have the meaning indicated in the opening paragraph hereof. ^CPBC" shall have the meaning indicated in Recital B. "Guarantor" shall have the meaning indicated in the opening paragraph hereof. "ptileatj_on ." shall mean the payment and performance by the Guarantor of the obligations stated in paragraph 2.05 of the Payment Assurance Agreement and security Agreement, as amended this date, up to a maximum obligation of $1,500,000, but declining am follows: Amount of Aggregate Balance pate eduction Available September 1, 1994 $500,000 $1,500,000 February 1, 1995 500,000 1,000,000 September 1, 1995 500,000 500,000 February 1, 1996 500,000 -0- such that at February 1, 1996 all Obligations shall terminate. "Person" shall mean any individual or entity, whether acting in an individual, fiduciary or other capacity. Section 2. The guaranty. Guarantor hereby absolutely and unconditionally guarantees to Beneficiary the payment and performance when due of each of the obligations. Section 3. continuing auarantx. This guaranty is an absolute, unconditional, complete and continuing guaranty of payment and performance of the Obligations. The obligations of plpy 2 APR-15-1994 16:04 512 334 8888 P.2: 04.15.94 16:00 FAX 612 334 8888 POPHAM HAIK 2004/011 • Guarantor hereunder shall not be released by any action which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety or Guarantor, other than irrevocable payment and performance in full of the obligations or expiration of the obligations. No notice of the Obligations to which this Guaranty may apply, or of any renewal or extension thereof need be given to Guarantor. Guarantor hereby waives (a) demand of payment, presentment, protest, notice of dishonor, nonpayment or nonperformance on any and all of the Obligations; (b) notice of acceptance of this Guaranty and notice of any liability to which it may apply; (o) all other notices and demands of any kind and description relating to the Obligations now or hereafter provided for by any agreement, statute, law, rule or regulation; and (d) all defenses of Cgxc pertaining to the Obligations except for the defense of discharge by payment. The obligations shall constitute the direct and primary obligations of Guarantor and the obligations of Guarantor hereunder are absolute, unconditional and irrevocable. Section 4. ether transact}ons. Beneficiary is authorized to exchange, surrender or release with or without consideration any collateral and security which may be placed with it by CPC or by any other person, or to deliver any such collateral and security directly to CPIic for collection and remittance or for credit, or to collect the same in any manner without notice to Guarantor. The liabilities of Guarantor shall not be affected by any failure, delay, neglect or omission on the part of Beneficiary to realize upon any of the obligations of CPHC to Beneficiary nor by the taking by Beneficiary of (or the failure to take) any other guaranty or guaranties to secure the obligations, nor by the taking by Beneficiary of (or the failure to take or the failure to perfect its security interest in or other lien on) collateral or security of any kind. No act or omission of Beneficiary, whether or not such action or failure to act varies or increases the risk of, or affects the rights or remedies of Guarantor, shall affect or impair the obligations of Guarantor hereunder. This Guaranty is in effect and binding without reference to whether this Guaranty is signed by any other person. Possession of this Guaranty by Beneficiary shall be conclusive evidence of due delivery hereof by Guarantor. section 5. actioz10 t reaU.i ed. Guarantor hereby waives any and all right to cause a marshalling of the assets of CPHC or any other action by any court or other governmental body with respect thereto or to cause Beneficiary to proceed against any security for the obligations or any other recourse which Beneficiary may have and waives any requirements that Beneficiary institute any action or proceeding at law or in equity, or obtain any judgment, against CPHC or any other person, or with respect to any collateral security for the Obligations, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, Guarantor upon this 3 0: 04/15/94 16:01 FAX 612 334 8888 POPHAM H.AIK fj005.011 Guaranty. Time is of the essence with respect to Guarantor's obligations under this Guaranty. If any remedy or right hereby granted shall be found to be unenforceable, such unenforceability shall not limit or prevent enforcement of any other remedy or right hereby granted. Section 6. t . Any and all payments made by Guarantor or by any other person, and/or the proceeds of any or all collateral or security for any of the Obligations, may be applied by Beneficiary on such items of the Obligations as Beneficiary may elect. Section 7. Recovery of payment. If any payment received by Beneficiary and applied to the Obligations is subsequently set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of CPHC or any other obligor) , the obligations to which such payment was applied shall for the purposes of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable aa to such Obligations as fully as if such application had never been made. Section 8. CPBC's financial Condition. Guarantor is familiar with the financial condition of CPHC, and Guarantor has executed and delivered this Guaranty based on Guarantor's own judgment and not in reliance upon any statement or representation of Beneficiary. Beneficiary shall have no obligation to provide Guarantor with any advice whatsoever or to inform Guarantor at any time of Beneficiary's actions, evaluations or Conclusions on the financial condition or any other matter concerning CPHc. Section 9. Bankruptcy of CPEO. The liabilities and obligations of Guarantor under this Guaranty shall not be impaired or affected by the institution by or against CPHC or any other person of any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or any other similar proceedings for relief under any bankruptcy law or similar law for the relief of debtors. Any discharge of any of the obligations pursuant to any such bankruptcy or similar law or other law shall not diminish, discharge or otherwise affect in any way the obligations of Guarantor under this Guaranty, and that upon the institution of any of the above actions, such obligations shall be enforceable against Guarantor. Section 10. Costs ar _esker. Guarantor shall pay or reimburse Beneficiary on demand for all out-of-pocket expenses (including in each case all reasonable Pees and expenses of counsel) incurred by Beneficiary arising out of or in connection with the enforcement of this Guaranty against Guarantor or arising out of or in connection with any failure of Guarantor to fully and timely perform the Obligations of Guarantor hereunder. 4 APR-15-1994 15:05 612 334 8888 P.05 04/15/94 16:02 FAX 612 334 8888 POPHAM HAIK Z006/011 Section 11. FI, y_ers And amendments. This Guaranty can be waived, modified, amended, terminated or discharged only explicitly in a writing signed by Beneficiary. A waiver so signed shall be effective only in the specific instance and for the specific purpose given. Section 12. NetJ.cps. All notices and demands required or permitted to be given to or made upon any party hereto shall be in writing and shall be personally delivered or sent by certified mail, postage prepaid, return receipt requested or by a • nationally recognized courier or by telecopier to the address sat forth at the foot hereof or to such other address as may be established by ten days' prior notice given ea herein required. Notices shall be deemed to be given for purposes of this Guaranty on the day that such writing is delivered or sent to the intended recipient thereof in accordance with the provisions of this Section. Section 13. Guarantor acknoxde4c ej. Guarantor acknowledges that (a) its counsel has advised Guarantor in the negotiation, execution and delivery of this Guaranty, (b) Beneficiary has no fiduciary relationship to Guarantor, the relationship being solely that of debtor and creditor, and (c) no joint venture exists between Guarantor and Beneficiary. Section 14. rSuCceaaore and s„ssiais. This Guaranty shall (a) remain in full force and effect until irrevocable payment in full or termination of the Obligations, (b) be binding upon Guarantor and the heirs, representatives, successors, and assigns of Guarantor and (c) inure to the benefit of, and be enforceable by, Beneficiary and its respective successors, transferees, and assigns. Section 15. Governing law and construction. The validity, construction and enforceability of this Guaranty shall be governed by the laws of the State of Minnesota, without giving effect to conflict of laws or principles thereof. Whenever possible, each provision of this Guaranty and any other statement, instrument or transaction contemplated hereby or relating hereto, shall be interpreted in such manner as to be effective and valid under such applicable law, but, if any provision of this Guaranty or any other statement, instrument or transaction contemplated hereby or relating hereto shall be held to be prohibited or invalid under such applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Guaranty or any other statement, instrument or transaction contemplated hereby or relating hereto. section 16. consent to juzisciliction. At the option of Beneficiary, this Guaranty may be enforced in any Federal Court 5 APR-15-1994 1.5:55 .. 512 334 8888 . .06 04/15/94 16:02 FAX 612 334 8888 POPHAM HAIK Z007/011 sitting in Minneapolis or St. Paul, Minnesota or in any Minnesota State Court located in any county of the State of Minnesota; and Guarantor consents to the jurisdiction and venue of any such Court and waives any argument that venue in such forums is not convenient. In the event Guarantor commences any action in another jurisdiction or venue under any tort or contract theory arising directly or indirectly from the relationship created by this Guaranty, Beneficiary at its option shall be entitled to have the case transferred to one of the jurisdictions and venues above-described, or if such transfer cannot be accomplished under applicable law, to have such case dismissed without prejudice. Section 17. CouaXermats. This Guaranty may be executed in any number of counterparts, each of which, when so executed and delivered, shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. Section 18- ggnera1. All representations and warranties contained in this Guaranty, or in any other agreement between Guarantor and Beneficiary, shall survive the execution, deliveryn and performance of this Guaranty and the creation and payor t of the obligations. Captions in this Guaranty are for reference and convenience only and shall not affect the £nteryretation or meaning of any provision of this Guaranty. Section 19. Termination. This Guarantee shall become void and of no legal effect upon payment in full or termination of the obligations, subject to Sections 7 and 10 hereof. In witness whereof, Guarantor has executed this Guaranty as of the date first above written. Guarantor: Curtis A. Sampson Address: c/o Communications Systems, Inc. 213 South Main Street Hector, Minnesota 55342 Telecopy: (612) 648-2702 6 APR-15-1954 16:06 612 334 8888 F.07 04/15/94 16:03 FAX 612 334 8888 POPHAM HAIK Z008/011 Draft of 4/1S/94 SECOND AMENDMENT TO PAYMENT ASSURANCE AND SECURITY ACRERNENT This Agreement, entered into as of the day of April, 1994, is between The Housing and Redevelopment Authority In And For The City of Shakopee, a public corporation of the State of Minnesota, having its principal office at 129 East Pirst Avenue, Shakopee, Minnesota 55379 (the "Authority") and Canterbury Park Holding corporation, a Minnesota corporation having its principal offices at 1100 Canterbury Road, Shakopee, Minnesota 55379 ("CPHC") . WHEREAS, the Authority and Ladbroke Racing Canterbury, Inc. , a Delaware corporation ("LRC") entered into that certain Payment Assurance and Security Agreement (the "Payment Assurance Agreement") as of the 13th day of october 1992 with respect to that certain real property located in the city of Shakopee, County of Scott known as Canterbury Downs (hereinafter "Canterbury Downs") ; and WHEREAS, the Authority and LRC entered into a First Amendment to Payment Assurance and Security Agreement as of the 20th day of October, 1992; and WHEREAS, the Authority and LRC are also parties, together with Mew Canterbury Downs, a general partnership ("NCD") , to that EXHIBIT APR-15-1994 16:06 612 334 8888 [r_; 04/15/94 16:03 FAX 612 334 8888 POPHAM HAIK Z009/011 certain Assessment Agreement and Assessor's Certification as amended by amendments dated May 14, 1992 and October 13, 1992 (the "Assessment Agreement") t and WHEREAS, Jacobs Realty, Inc. ("JRI") on January 19, 1994 acquired Canterbury Downs and, in connection with said acquisition, JRI agreed to assume the obligations of NCD and LRC under the Payment Assurance Agreement and the Assessment Agreement; and WHEREAS, JRI has merged into CPHC and, accordingly, CPHC now exercises the rights and is obligated to perform the commitments stated in the payment Assurance Agreement and the Assessment Agreement: and WHEREAS, the parties, for good and valuable consideration, the sufficiency of which is hereby acknowledged, wish to amend the payment Assurance Agreement in certain respects and otherwise confirm in writing their agreement with respect to certain matters related thereto. NOW THEREFORE, IT IS AGREED AS FOLLOWS; 1. The Payment Assurance Agreement is amended so that each and every reference to NCD and each and every reference to LRC applicable to the period beginning January 19, 1994 shall be read and interpreted as refering to CPHC. 2. The parties agree that the rights and obligations of LRC and NCD under the Payment Assurance Agreement and the Assessment Agreement shall be applicable to CPHC from January 19, 1994 through the remaining terms of the respective agreements. 2 APR-15-1994 16.07 612 334 8888 P .__ 04/15/94 16:03 FAX 612 334 8888 POPHAM HAIK Z010/011 3. section 2 of the Payment Assurance Agreement is amended to add a new Section 2.05 which shall read as follows: "2.05 In lieu of the Letter of Credit described in Section 2 .02, CPHC may furnish the personal guaranty of Curtis A. Sampson, a resident of Hector, Minnesota and the principal shareholder of CPSC, substantially in the form attached hereto as Exhibit 1. The city shall be authorized to demand payments under the Guaranty as follows: (a) If any amount owed to the Authority by CPHC under Section 2.01 is not paid when due, the Authority may demand payment under the Guaranty for such amounts; and, (b) In the event CPHC asserts in a legal proceeding that this Payment Assurance isSecurity invaifd �unenfarceahle, eement or an amendment or any partor uneCPHnforceable, is or files a voluntary petition in bankruptcy, adjudicated as a bankrupt, or CPHC makes an assignment for the benefit of creditors, or CPHC enters into an agreement of composition with creditors, or a court of competent jurisdiction approves a petition applicable to of the C in United proceeding instituted under the P States Bankruptcy Code, as amended, or under any similar act which may thereafter be enacted, the Authority may demand immediate payment of the entire amount available under the Guaranty. Monies received by the Authority as a result of any payment received under the Guaranty shall be applied as provided in Section 3 and the repayments, if any, to LAC referred to Paragraph 3 . 03 shall be paid to CPHC. 4 . Each and every reference to the Letter of Credit in section 3 of the Payment Assurance Agreement shall also refer to and mean the Guaranty delivered pursuant to this Amendment and each reference to "amounts drawn" or a "draw" under the Letter of Credit shall also refer to and mean a payment by the Guarantor under the Guaranty. 3 CPR-15-1994 16.07 612 334 8880 0415/94 16:04 FAX 612 334 8888 POPHAM HAIK Z011/011 IN iITNESS WHEREOF, CPRC has caused this Second Amendment to be executed in its corporate name by its duly authorized officers; and the Authority has caused this Second Amendment to be executed in its name by its duly authorized officers all as of the date first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY TN MW FOR THE CITY OF SHAKOPEE BY Its Chairman And ItC Executive Director CANTERBURY PARK HOLDING CORPORATION BY- 4 Y4 APR-15-1994 16:07 612 334 8888 P. 11 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 5, 1994 Mayor Laurent called the meeting to order at 7: 00 p.m. with Councilmembers Lynch, Dirks, Beard & Sweeney present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Lindberg Ekola, City Planner; and David Hutton, Public Works Director. The following items were added to the agenda: 15a - County Strike Report; 15b - County Road Projects; 15c - Authorizing signing of EAW for Prairie Bend; and 15d - Eagle Creek Thrift Shop water supply. Sweeney/Lynch moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed the City Council meeting at 7 : 04 p.m. for a meeting of the HRA. Mayor Laurent reconvened the City Council meeting at 7 : 46 p.m. Liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor's Report. Mayor Laurent asked if anyone present in the audience wished to speak on any item not on the agenda. There was no response. Councilmembers added to the consent agenda: 15c - Authorizing signing EAW for Prairie Bend; and deleted from the agenda: 13k - Purchase of Turf Sweeper. Beard/Lynch moved to approve the consent business as modified. Motion carried unanimously with Cncl. Beard abstaining on the minutes of March 8th and 22nd, 1994 . Beard/Lynch moved to approve the minutes of March 8th and March 22nd, 1994 . (Motion carried under consent business) . Mr. Ekola explained the preliminary plat of Riverview Estates 2nd Addition which is located at the NE corner of the intersection of CR-18 and CR-16. He noted that the application for this plat was submitted prior to the adoption of the interim ordinance requiring 10 acre lots in the rural district. He explained that the applicants are proposing to construct a storm water pond within Outlot A, which is located on the West side of the subdivision. The Scott County Highway Depart: ent is recommending that Outlot A be dedicated as right-of-way and with the dedication the County will accept the storm water run off from within this pond. He explained that if the City Council accepted the County's recommendation, that the preliminary plat resolution would need to Official Minutes of the April 5, 1994 Shakopee City Council Page -2- be amended: Item 6 would need to be revised to require the dedication of Outlot A, and Item 13 would need to be deleted. He added that authorization for appropriate officials to sign the indemnification agreement between the County and the City would be needed. Sweeney/Lynch moved that the resolution be redrafted at paragraph 2e to require the dedication of land in kind. Cncl. Sweeney explained that he believes that one of the responsibilities that City Council has is to obtain public improvements at the lowest cost to the taxpayers and rate payers within our jurisdiction; and that a lot within this development has been identified by SPUC as a future site for a water storage site. He stated that the water storage facility being proposed for one of the lots will not keep it from being used as a park setting. By doing this we will be obtaining the property at the lowest cost in exchange for the $10, 000. 00 park dedication payment. James R. Hill, Jr. , James R. Hill, Inc. , land consultants, addressed the City Council on behalf of the applicant, Scott County Farms. Mr. Hill spoke in opposition to requiring the dedication of a lot to the City in lieu of paying the park dedication fee. He questioned the legality of requiring the dedication for one use and utilizing the property for another use. Catherine Lee, the Eatje Law Firm, stated that she was not aware that this issue was going to be discussed this evening. She pointed out that the dedication of land has to be reasonably for the purpose for which it is dedicated. She does not believe that this is a reasonable dedication of the land. Ms. Marty explained that under the park dedication requirement we can require that a reasonable portion of the land be dedicated to the City for use and parks, playgrounds, trails, wetlands or open space. The dedication to us gives us the right to use the land as spelled out in the dedication documents. Our right to require the dedication for park purposes does limit its use to park purposes. Discussion followed. Sweeney/Lynch moved to table the motion. Motion defeated ;•:ith Cncl. Lynch and Sweeney in support of the motion. Mr. Hill explained that the design for the water storage facility has not yet determined if it ;:ill be underground or over. He stated that it will be similar to the other tanks in the system and that because their property is too high it will not be served by this facility. He does not feel that this facility will benefit their property. He stated that they are willing to enter into a purchase agreement for the lot. Official Minutes of the April 5, 1994 Shakopee City Council Page -3- Motion defeated with Cncl. Sweeney in support of the motion. Sweeney/Beard moved to modify condition #6 (Resolution No. 3969) to require the dedication of Outlot A for highway purposes to Scott County. Ms. Marty explained that the County is prepared to sign an indemnification agreement with the City agreeing to accept the responsibility of requiring the dedication of Outlot A. Mr. Hill explained how Outlot A came about within the plat. He does not believe dedicating Outlot A as right-of-way is an appropriate dedication. He said that they are willing to negotiate a purchase price for Outlot A. He explained that the dedication of the right-of-way does not benefit the site. Discussion followed. Cncl. Dirks asked if it is highly unusual to require Outlot A to be dedicated as right-of-way. Mayor Laurent answered that it is not unusual and that it is highly common in similar circumstances. Ms. Lee stated that it is a reasonableness factor for the County to require the dedication. Do the ten houses within the proposed subdivision have an impact to cause the sufficient additional traffic to require the dedication. Motion carried with Cncl. Beard dissenting. Sweeney/Dirks moved to strike condition #13 (Resolution No. 3969) , no building permits shall be issued for Outlot A. Motion carried unanimously. Beard/Lynch moved to offer Resolution No. 3969 , A Resolution Approving the Preliminary Plat for Riverview Estates 2nd Addition, and moved it's adoption. Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate City officials to enter into an indemnification agreement with Scott County. Motion carried unanimously. Beard/Lynch moved to authorize the appropriate City officials to purchase playground equipment and supplies from Minnesota/Wisconsin Playground, Inc. , not to exceed the quoted amount of $13 , 000. 00 and to allocate $2 , 000 . 00 for the installation of a border, pathway and resilient surface with funding being dispensed from the park reserve fund. (Motion carried under consent business. ) Beard/Lynch offered Ordinance No. 375, 4th Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 2 , Administration and General Government, By Repealing Section 2 . 55, Community Development Commission, and Adopting One New Section in Lieu Thereof, Relating to the Same Subject, and moved its adoption. (Motion carried under consent business. ) Official Minutes of the April 5, 1994 Shakopee City Council Page -4- Beard/Lynch offered Resolution No. 3982, A Resolution Abolishing the Energy & Transportation Committee, and moved its adoption. (Motion carried under consent business. ) Randy Sampson, resident of Eden Prairie, addressed the City Council explaining that his father, Dale Schenisan, and himself have purchased the racetrack facility know as Canterbury Downs. He explained the chain of events that lead to their purchase of the property and apologized that he was unable to present their plans for the racetrack to the City Council earlier. He explained their plans for the racetrack and indicated that they wished to continue a good working relationship with the City Council as has done the previous owners. He asked City Council for their support in conjunction with their application to the Racing Commission for Class A and Class B licenses. Mayor Laurent wished them the best in making the racetrack successful. Beard/Lynch offered Resolution No. 3981, A Resolution Expressing the City of Shakopee's Continued Support for the Operation of Canterbury Downs, and moved it's adoption. Motion carried unanimously. Beard/Lynch moved to maintain the status quo on garbage pick up in the alley. (Motion carried under consent business. ) The City will continue to pick up garbage in the alleys except in the spring when the ground is too soft for the garbage trucks. Beard/Lynch moved to maintain the status quo with Yield signs on Dakota Street at 7th Avenue. (Motion carried under consent business. ) Beard/Lynch moved to authorize the appropriate persons to prepare and/or sign the necessary documents to hire OSM to prepare the EAW for the proposed mining expansion for Fischer Aggregates. (Motion carried under consent business. ) Beard/Lynch moved to authorize the appropriate City officials to submit an application and execute an agreement with Scott County for a spring recyclable material collection day. (Motion carried under consent business. ) Beard/Lynch moved to approve the abatement request for parcels 27- 004071-0 and 27-004152-0 for the 1993-94 tax statements pursuant to the reductions approved on March 22 , 1994 for the 2nd Avenue reconstruction project. (Motion carried under consent business. ) Beard/Lynch moved to approve the bills in the amount of $177 , 703 . 91 . (Motion carried under consent business . ) Official Minutes of the April 5, 1994 Shakopee City Council Page -5- Mr. Hutton explained that there are a number of County projects that are coming up which will require City cost participation. He explained that the Scott County Highway Engineer is asking if the City will be assessing any of the costs for these improvements. He explained that the City can use its State Aid Funds for these improvements. Discussion followed. There was a consensus that the City would not assess for sidewalks which is consistent with the City's current policy regarding assessments for sidewalks on collector streets. Staff was directed to prepare a policy relating to assessments for County projects on County Roads located within the City of Shakopee consistent with the City's special assessment policy. The policy to be brought back to City Council for their consideration. Tom Datwyler, 1149 Quincy, advised the City Council that the back of his property faces CR-15. He asked why he would have to pay for the improvement to this street when he already has a street in front of his house. Mr. Hutton explained that houses to the south of 11th Avenue have double front lots. He explained that this may have to be addressed separately. Staff was directed to keep this in mind when preparing the policy. Cindy Morgan, 1141 Quincy, concurred with Mr. Datwyler and stated that she has already been assessed in the front. She stated that she felt that sidewalks are for the benefit of the general public, not for the homeowners. Mayor Laurent explained that it has already been decided that there will be no assessments for the sidewalks. Mayor Laurent recessed the meeting at 9 : 37 p.m. Mayor Laurent reconvened the meeting at 9 : 50 p.m. Ms. Marty briefly explained why she is requesting that two positions within her department be changed from half-time to full- time at this time. Discussion followed. Sweeney/Lynch moved to increase the Assistant City Attorney and Clerk-Typist from half-time to full-time now, and fund their positions from the general fund fund balance. Motion carried unanimously. Beard/Lynch moved to authorize the purchase of a blue print machine from CEI for a total cost of $1, 915. 00. (Motion carried under consent business. ) Official Minutes of the April 5, 1994 Shakopee City Council Page -6- Mr. Voxland explained that it has been about 10 years since the City implemented a storm water drainage utility billing and that it is time to review several aspects of the billing process. Discussion ensued on whether or not it is still appropriate to utilize a special benefit charge. Sweeney/Lynch moved to discontinue use of the special benefit charges and replace it with a minimum bill of $20. 00 per year. Discussion followed. Beard/Dirks moved to amend the motion to strike the $20. 00 per year charge. Motion carried unanimously. Motion carried unanimously on main motion as amended. (There was a consensus that this shall be implemented in 1995. ) Discussion ensued on whether to continue billing on a property ownership basis or change to an account user basis; and, whether or not to request SPUC to perform the billing functions. Beard/Lynch moved to change to an account user basis for storm water drainage billing as requested, and moved to request SPUC to perform the billing functions for the City comparable to the billing they do for the sanitary sewer and garbage service for us and to authorize the appropriate City officials to take the necessary actions to make this conversion. Motion carried unanimously. Discussion ensued on the quotes received for a turf sweeper. Cncl. Dirks recommended purchasing a Toro product from the low bidder. Dirks/Lynch moved to authorize the purchase of a Toro 5400 HL, 60" sweeping width 3 cubic yard hopper, high lift dump, 24 HP gasoline engine turf sweeper from MTI Distributing Company for an amount not to exceed $11, 466. 85 plus $400. 00 for the screen attachment. Motion carried with Cncl. Sweeney dissenting. Beard/Lynch offered Resolution No. 3980, A Resolution relating to the Minnesota River Valley redevelopment Project #1; Calling for a Public Hearing on the Adoption of a Modification to the Redevelopment Plan for the Project, and the Modification of the Tax Increment Financing Plans for Tax Increment Financing Districts #2 , 3 , 4 , 7 , and 9, and moved its adoption. (Motion carried under consent business. ) Beard/Lynch offered resolution No. 3970, A Resolution Approving Plans and Spec and Ordering Advertisement for Bids for 11th Avenue Storm Sewer Laterals, Project No. 1994-6, and moved its adoption. (Motion carried under consent business. ) Official Minutes of the April 5, 1994 Shakopee City Council Page -7- Mr. Kraft reported on the strike activities being conducted by the Scott County employees. Cncl. Sweeney acknowledged the band-aid solution to the nitrate contamination to the water at the Eagle Creek Thrift Shop. He expressed a desire to find a permanent solution. Sweeney/Beard moved to direct the City Engineer to prepare a feasibility study to get water under CR-16 and to the property owned by the City (Eagle Creek Thrift Shop). Motion carried unanimously. Mayor Laurent recessed the meeting at 11: 02 p.m. for an Executive Session to consider strategy for labor negotiations. Mayor Laurent reconvened the meeting at 11:20 p.m. There was no action taken by the City Council during the Executive Session. Mayor Laurent adjourned the meeting to Tuesday, April 12 , 1994 at 7 : 00 p.m. Meeting adjourned at 11: 20 p.m. ' VJI) kA lf u ith S. Co Ci y Clerk cording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA APRIL 12, 1994 Mayor Laurent called the meeting to order at 7 :05 P.M. with Councilmembers Dirks, Beard, and Sweeney present. Councilor Lynch was absent. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Lindberg Ekola, City Planner; and Dave Hutton, Public Works Director. Beard/Sweeney moved to authorize the appropriate city officials to take all appropriate steps to hire a full-time Assistant City Attorney. Motion carried unanimously. Mr. Hutton explained that there are a number of requests that have been received by the County relating to CSAH-15 from 6th Avenue to Tahpah Park. He stated that action is needed by Friday because of the funding involved. Mr. Hutton stated that the City is being asked to approve the plans for CSAH-15 from 13th Avenue to 6th Avenue for a four lane urban street, curb, gutter, and storm sewer and a sidewalk on both sides. He explained that staff is recommending the sidewalk from 10th to 6th be placed five feet back from the street to allow for snow storage. Mr. Dan Jobe, County Highway Department, stated that the sidewalk would be pushed back if possible. The reason for it being located immediately adjacent to the street was to give the homeowners more of their lot. Mr. Hutton stated that the County is asking the City to restrict parking by adopting a resolution otherwise they must design the street to include parking. He said that there appears to be a drop in the traffic North of 10th Avenue and that he asked the County to look into the possibility of constructing two lanes of paving and two lanes of parking North of 10th. Mr. Jobe explained that when designing the street they have to use the area with the highest traffic volume to determine the number of lanes needed. He said that he asked the County Engineer if the two sections could be separated for determining the number of lanes required, south of 10th and north of 10th. The County Engineer advised him that it is County project policy not to allow parking because of the safety issue involved when backing out of a driveway onto a county road. Cncl.Sweeney explained that the Federal funding is restricted to the area south of 10th Avenue. He said that the program no longer exists but that there are left over funds which will fund 80%. Brad Larson, County Engineer, is looking into what Federal funding may be available to offset City costs south of 10th Avenue. Official Proceedings of the April 12, 1994 Shakopee City Council Page -2- With respect to assessing for the City costs, Karen Marty explained that there is no hearing required before the City enters into the cooperative agreement with the County, but that the assessment hearing must be held before the project is awarded by the County. Mr. Hutton explained that the costs contained in the cooperative agreement are per the County general policy. The County is not asking how the City will be funding their $148, 000 portion. He explained that he is preparing a policy for assessing on County projects for the April 19th Council meeting, per Council's earlier request. Mr. Jobe stated he expects the project to be awarded sometime in July and that the County is only asking that two resolutions be adopted tonight: approving the plans and restricting parking. Mayor Laurent asked if anyone in the audience wished to speak on the CSAH-15 project. Mr. Mike Heitz, 622 Adams, stated that he would like to see one side of the street have parking, the side adjacent to the homes; and, that he doesn't want to see semi traffic on the street. Mr. Tom Datwyler, 1149 Quincy, asked who is responsible for snow removal on the sidewalk. Mr. Hutton answered that according to the city ordinance, the homeowners are responsible. Mary Breimhorst, 652 Adams, stated that she feels the speed limit should stay at 30 mph, and that she would like parking on Adams. She stated that she is concerned with the road being used by semi's. Mr. Russ Breeggemann, 1125 Quincy, stated that he has a fence (in his back yard) and that he will have to go around to shovel. He - questioned assessments. Mayor Laurent explained that the sidewalk would not be assessed and that the City doesn't have an assessment policy yet for County projects nor for double frontage lots. Sweeney/Beard offered Resolution No. 3971, A Resolution Approving Scott County Plans To Improve County State Aid Highway 15 Between 13th Avenue and 6th Avenue, SP 70-615-06, SAP 70-615-07, and SAP 166-020-06, and moved its adoption. Mr. Jobe stated that they will try to accommodate a boulevard between the sidewalk and the street. Motion carried unanimously. Beard/Sweeney offered Resolution No. 3983 , A Resolution Restricting Parking on County State Aid Highway 15 Between 13th Avenue and 6th Avenue, SP 70-615-06, SAP 70-615-07, and SAP 166-020-06, and moved its adoption (with an addition to the resolution: so long as CSAH- 15 is a county highway from 10th to 6th) . Motion carried unanimously. Official Proceedings of the April 12, 1994 Shakopee City Council Page -3- Sweeney/Dirks moved to table Resolution No. 3984, A Resolution Authorizing The Execution Of Cooperative Agreement No. 15-9042 With Scott County Covering The City's Cost Participation On County State Aid Highway 15 Between 13th Avenue and 6th Avenue, SP-70-616-06, SAP 70-615-07, and SAP 166-020-06, until we have more information. Cncl.Sweeney explained that the resolution is not needed for tonight and that this will allow time to get an answer on possible federal funding. Motion carried unanimously. Mr. Kraft stated that Mr. Norbert Theis, Chairman, Jackson Township, is requesting another meeting with the City Council to discuss the P & V Addition and whether or not it will be part of the annexation. The people do want to be annexed and wish to talk about the parameters for annexation and they have questions they want answered. Mr. Kraft was given eight possible times to give to Mr. Theis to select a meeting date. Discussion ensued on the MWCC land sale to the Mdewakanton Dakota Community and whether or not there are some things the City should be doing. Mr. Kraft stated that if the land is sold to the Mdewakanton Dakota Community and if it goes off the tax rolls and if services are needed and they don't pay taxes, the remainder of the tax base will have to pay unless an agreement can be negotiated to pay for these services. Cncl. Sweeney suggested that the Mdewakanton Dakota Community be approached with the intent of negotiating an agreement. Mayor Laurent stated that we need to look at land use implications and the financial impact of delivering services. The City Council directed the City Administrator to explore ways of dealing with the sale of the MWCC land to the Mdewakanton Dakota Community and to also explore ways of minimizing the adverse economic and planning impacts on the City. There was a consensus of Councilmembers that the City Administrator would be authorized to expend funds on this project. Mayor Laurent adjourned the meeting to Tuesday, April 19th, 1994 at 7 : 00 P.M. The meeting adjourned at 8 : 25 P.M. Vuo I u ith S. Cox y Clerk Recording Secretary of �� eQty,, ,. ioz , .., ,.. A . ,.. w Time 'J Home of 1:55 ' ''r Dan !: 1905 ;-: ) . �� Patch_�: • 0 _ 4‘1 Sava 4cOr April 12 , 1994 Mayor Gary Laurent City of Shakopee 129 South Holmes Shakopee, Minn. 55379 Dear Mayor Laurent: I am writing to express my appreciation to the City of Shakopee, and to specifically thank the Shakopee Police Department. On April 7th, 1994, members of the Shakopee Police Department were called to assist the Savage Police Department with a situation involving an individual firing a weapon. The circumstances of the situation involved an individual who could have harmed members of the community and/or police officers . Through the combined efforts of members of your agency, the individual was secured without incident or harm to anyone. Please relay our thanks to all members of your police department who assisted or participated in this incident. We hope that the good working relationship continues between the cities of Savage and Shakopee, and I appreciate your cooperation in matters such as this . If we can ever be of any service or assistance to you, do not hesitate in contacting me. Sincerely, Lid' Cirti Don Egan Mayor DE/rjl SHAKOPEE.LTR City of Savage •6000 McColl Drive •(County Road 16) • Savage, Minnesota 55378 Telephone: 612-890-104-5 •Fax: 612-890-3815 t) 1! MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Vacation of a Portion of the Alley Located along the South line of Block 208, Leriemondie's Addition DATE: April 13, 1994 INTRODUCTION: City Staff has received a petition from Mr. David Rutt to vacate a portion of an alley located along the south line of Block 208, Leriemondie's Addition. At their April 5, 1994, meeting, the Shakopee Planning Commission recommended to the City Council the approval of the request for the vacation of the portion of the alley, and found that the vacation, and the dedication of a new alley with the proposed Market Place Plat, would not conflict with the goals of the approved 1990 draft Comprehensive Plan. On April 19, 1994, the City Council will hold the public hearing to consider this vacation request. BACKGROUND: Attached is a copy of the zoning map showing the location of Block 208, Leriemondie's Addition. (See Exhibit A.) Also attached is a portion of the half section map of the area. (See Exhibit B.) The portion of the alley that is being considered for vacation is located along the southern border of Block 208. Leriemondie's Addition was platted in 1857, but the alley was not dedicated with this plat. The alley was recorded by a Warranty Deed in 1960. David Rutt and Merle Volk received approval for the Final Plat for Market Place on August 18, 1992. The approved subdivision covers 3.03 acres, and is located at the northwest corner of Market Street and 5th Avenue. It consists of 6 residential lots and four outlots. Approval of a Final Plat provides the applicant with up to 180 days in which to record the plat with Scott County. On August 17, 1993, the City Council approved a request to grant the developer of Market Place an additional 180 days in which to file the Final Plat with the Scott County Recorder's Office. The Final Plat for Market Place has not yet been recorded due to difficulties encountered during the title search. There is an existing gravel alley located on the site. However, the legal description for the alley recorded with the Warranty Deed is not located within the same area as this gravel alley. With the recording of the approved Market Place subdivision, a 20 foot wide alley will be dedicated over the existing gravel alley. Exhibit C shows both the location of the gravel alley, and the location of the alley proposed to be dedicated with the Market Place subdivision. The proposed alley is necessary to provide access for three properties which front 4th Avenue and utilize land within the proposed plat for alley access. Although the City would like to see a connected alley system, in the interim only a portion of the alley can be dedicated with this plat. When Outlot A and properties to the west are final platted for development, the alley system will be completed. 1 North of the alley to be dedicated with the proposed Market Place plat are three small outlots. The proposed outlots align with the existing property lines for three properties north of the Market Place plat. A condition of approval for the Final Plat required that these outlots be transferred to the adjoining parcels to the north, and that no building permits be issued for these outlots unless they are combined with the parcels to the north. DISCUSSION: Leriemondie's Addition was platted in 1857. However, the alley was recorded by a Warranty Deed in 1960. The existing alley is 16 feet in width and 314.30 feet in length. The centerline of the alley follows the southern boundary of Leriemondie's Addition. The eastern 153.38 feet of this 16 foot wide alley is being considered for vacation. Lots 4, 5, and 6, of Block 208 are being proposed to be replatted with the proposed Market Place plat. Lot 3 of Block 208 is not owned by the developer and so no new alley dedication is possible across Lot 3. For this reason, legal council has advised against vacating the portion of the alley located on Lot 3. Only the eastern 153.38 feet of this is being considered with this vacation request. For a better understanding of the result of this vacation, the Planning Commission may want to refer to the attached Exhibit D. This exhibit provides the following three illustrations: 1.) Location of the alley which was recorded by Warranty Deed in 1960. The centerline of the alley follows the southern boundary of Leriemondie's Addition. The alley is 16 feet in width and 314.30 feet in length. 2.) Location of the eastern 153.38 feet of this alley which is being considered for vacation. The western portion of the alley is being proposed to remain. 3.) Remaining dedicated alleys. This shows the location of the remaining alley which was recorded by Warranty Deed in 1960, plus the location of the alley proposed to be dedicated with the Market Place subdivision. U.S. West has commented that there is a buried cable along the rear lot lines of Lots 7, 8, 9, 10, 11, and 12. A utility easement will need to be reserved in this area. The 1990 draft Comprehensive Plan has designated the 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. Vacating a portion of this alley which was recorded by the warranty deed, and dedicating an new alley with the proposed Market Place Plat, will not conflict with the goals of the Comprehensive Plan. 2 ALTERNATIVES: 1. Vacate the eastern 153.38 feet of the alley, while reserving a 16 foot wide utility easement, contingent upon the recording of the approved Market Place subdivision. 2. Deny the request to vacate the eastern 153.38 feet of the alley. 3. Continue the public hearing to allow staff or the applicant to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3989, A Resolution Vacating the Eastern 153.38 feet of the Alley Located along the South line of Block 208, Leriemondie's Addition, and move its adoption. {PLANCOMM\V ACALLEY.419} 3 RESOLUTION NO. 3989 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA VACATING THE EASTERN 153.38 FEET OF THE ALLEY LOCATED ALONG THE SOUTH LINE OF BLOCK 208, LERIEMONDIE'S ADDITION. WHEREAS, a 20 foot wide alley located along the south line of Block 208, Leriemondie's Addition has been dedicated by Warranty Deed in 1960; and WHEREAS, the centerline of the alley located along the south line of Block 208 in the City of Shakopee, Scott County, Minnesota, is described as follows: Starting at the southeast corner of said Block 208 and running thence West along said south line 262.9 feet to a point which is 130 feet south to the south line of Fourth Avenue and thence westerly parallel to Fourth Street 51.4 feet to a point which is 10 feet west of the west line of said Block 208 and there terminating." WHEREAS, it has been made to appear to the Shakopee City Council that the eastern 153.38 feet 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 19th day of April, 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 eastern 153.38 feet of the alley located along the south line of Block 208, Leriemondie's Addition, serves no further public need; 3.) That the eastern 153.38 feet of the alley located along the south line of Block 208, Leriemondie's Addition, 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.) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County; and 6.) The approval of this vacation is contingent upon the recording of the approved Market Place subdivision. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1994. 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''.1.7,,;:,.:.:: /::i ., 75 .., JO.10 Illilft.. gialr'46'1"7.'.'7 1.• •6.- •-,' 3; _ -- 199.87 gaaiitAnilig5 ''' 4 3 5'-• ' • -• • 153. ......— • \i, 110 • - -----slit ,.!Ac<es,•::.•- • • __-- 1 iir."---105.77_ ... •••... ,.. ,i7C*1..- -, . ---- --— r . . • I ___--- cs -,-..,------ " 152.17 1 10 - - il $o c., 1 I • i / • • i ,,-) 1 020.5 Sr 0 I • I 75 761 -1 I _____-•--- 0.34 rr, . IDS. MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Preliminary Plat for Orleans Addition DATE: April 11, 1994 INTRODUCTION: Mr. J. Patrick Leavitt, Jr. has submitted an Application for approval of the Preliminary Plat for Orleans Addition. The proposed development covers 75.3 acres of land and is located east of CR 17, and south of Hillside Drive. The subject site is zoned Rural Residential (R-1). (See Exhibit A.) The applicant is requesting approval of a Preliminary Plat to develop 25 single family, rural residential lots. At their April 7, 1994, meeting, the Planning Commission recommended approval of the Preliminary Plat for Orleans Addition, subject to conditions. BACKGROUND: On January 1, 1994, the permanent rules established in the Wetland Conservation Act of 1991 went into effect. These rules require a comprehensive review of wetlands early in the subdivision plat review process. Since the wetland regulations can substantially impact the locations of streets, utilities, lots, and building sites, preliminary approvals of proposed subdivision plats should not be granted until the wetland issues are resolved. With the plat design discussed at the March 3, 1994, meeting of the Planning Commission, the applicant proposed that a wetland be impacted by the proposed development. Before the City, as the Local Governing Unit (L.G.U.) of the Wetlands Act, could approve of the plat, the applicant was required to submit adequate information to the City verifying that they had completed the "sequencing" process required by the act. Basically, sequencing means that the applicant has adequately evaluated the following: 1.) Avoiding all wetlands; 2.) Minimizing any wetland impacts; and finally 3.) Replacement of wetlands. The design of subdivisions must be evaluated in the sequential order listed above before receiving approval from the City. Once an applicant has addressed sequencing and has concluded that there are no other alternatives except to impact the wetlands, they are required to submit an adequate Replacement Plan for review by the City's Technical Evaluation Panel. On January 27, 1994, the Technical Evaluation Panel (TEP) met to discuss the above referenced subdivision. The TEP consists of the following individuals: 1) Mr. David E. Hutton, Public Works Director for the City of Shakopee; 2) Mr. Jim Haertel, from the Board of Water and Soil Resources (BWSR); and Mr. Pete Beckius from the Scott County Soil and Water 1 Conservation District (SWCD). The purpose of this meeting was to determine if the applicant had adequately addressed sequencing when designing the subdivision. The applicant submitted four alternatives to avoid the wetlands, including the "no build" option. However, the applicant concluded that the only viable option was the one which would impact 10,000 square feet of wetlands. A memo describing the "Findings of Fact" by the TEP has been attached to this staff report. Please refer to this memo for additional information regarding the TEP meeting with the applicant. The TEP did not feel that the applicant adequately submitted any substantial reasons for allowing the wetlands to be impacted. The TEP also stated that none of the alternatives produced any substantial social or environmental factors, or other unusual problems, or resulted in any economic loss that would override the need for the preservation of the wetlands on the property. The Technical Evaluation Panel recommended to the City of Shakopee that the proposed Preliminary Plat for the Orleans Addition be denied because the applicants had not complied with the Wetlands Conservation Act of 1991 by making every effort to avoid any wetland impacts. Staff agreed with this recommendation, and recommended denial of the Preliminary Plat to the Planning Commission. After discussions with the applicant at the March 3, 1994, meeting, the Planning Commission closed the public hearing, but directed the applicant to prepare a revised preliminary plat based on one of the other alternatives and submit it to staff for further review. A recommendation from the Planning Commission to the City Council was tabled until the City Council meeting following the submittal of the revised preliminary plat. With the April 7, 1994, review by the Planning Commission, the applicant submitted two drawings (labeled Preliminary Plat "A" and "B") for review. Both staff and the Planning Commission reviewed both submittals, but since Preliminary Plat B would impact the wetlands, staff does not recommend the approval of this alternative. Since the Planning Commission recommended approval of the proposed Preliminary Plat A which avoids the wetlands, the considerations and recommendations discussed in this staff report refer to Preliminary Plat A, and not to the drawing labeled Preliminary Plat B, which impacts the wetlands. CONSIDERATIONS: Context 1. The draft 1990 Comprehensive Plan has designated this area for Rural Residential development. This land use category allows detached single family housing without City water and sewer services on parcels of at least 2.5 acres in size. It is not anticipated that the subject site will be brought into the urban service area within the next 20 years. 2. The majority of the property is currently being used for agricultural purposes. Adjacent 2 land uses include low density residential development to the west, north, and south, and agricultural uses to the east. Major Considerations 3. Section 12.07, Subd. 1 limits the maximum length for cul-de-sac streets to 1,000 feet for rural service areas. The applicant is proposing three streets in excess of this limitation. (Bourbon Trail cul-de-sac = approximately 1,083'; Bourbon Trail to west = 2,905'; and Bourbon Avenue to north = approximately 1,915'). In order to construct the plat as proposed, a variance to the Subdivision Regulations allowing three over-length cul-de- sac streets to be platted and constructed would be required. As of the writing of this staff report, the developer has not submitted a Phasing Plan. Therefore, it is difficult to determine the proposed timing for the development of the site. The proposed plat is located directly south of the approved plat for Dominion Hills. The City Council approved the Final Plat for the first phase of this development on May 19, 1992. However, the applicant has requested and received extensions from the time allowed for the recording of the Final Plat, and the plat has not yet been recorded. Although all of the public roads within the entire Dominion Hills development will be dedicated with the approval of the first phase, Condition No. 4 of Resolution No. 3832 which approved the Final Plat for the first phase of Dominion Hills limits the construction of the roads to 1,000 feet in length until the land to the east of the plat is developed and street connections can be made between Dominion Hills and future development to the east. Condition No. 3 approved a variance to the Subdivision Regulations to allow Promise Avenue to be constructed as a temporary over-length cul- de-sac street until Phase 2 of the development is final platted. However, the developer will be grading and graveling Dominion Avenue, from CR 17 to the Promise Avenue intersection to provide a second access for emergency vehicles. Traffic barriers are to be provided to keep public traffic off of the graveled Dominion Avenue until it is paved with Phase II. (Please refer to the attached map of the Final Plat for Dominion Hills.) With the proposed plat for Orleans Addition, the applicant is proposing to connect the proposed Bourbon Avenue and Peace Circle to Peace Avenue, which was platted with the Final Plat for Dominion Hills. Peace Avenue cannot be constructed until the land to the east of the plat is developed and street connections can be made between Dominion Hills and future development to the east. A condition has been recommended prohibiting Peace Circle from being Final Platted until Peace Avenue has been constructed. A condition has been recommended which would approve a variance to allow the right- of-way dedication for the temporary over-length cul-de-sac streets (Bourbon Trail cul-de- sac = approximately 1,083'; Bourbon Trail to west = 2,905'; and Bourbon Avenue to north = approximately 1,915') has been recommended. However, the applicant shall not construct any of these streets beyond the 1,000 foot maximum length until the land 3 to the east of the plat is developed and the street connections can be made between the two developments. The Planning Commission also recommended that the applicant be required to submit a Phasing Plan prior to the approval of the Preliminary Plat by the City Council. The Phasing Plan should address the staging of all improvements, grading, and final platting of lots. (Condition No. 2). 4. The City Engineer has commented that the street construction plans do not meet the requirements of the City's Design Criteria and Standard Specifications. The intersection of Bourbon Avenue must intersect the adjacent plot at a 90 degree angle, and this must be shown on a revised Preliminary Plat drawing. During the April 7, 1994, meeting of the Planning Commission, Mr. Turpening submitted a letter dated April 4, 1994, and a copy of a portion of a revised Preliminary Plat which addressed this consideration. As of the writing of this staff report, a revised Preliminary Plat drawing had not been submitted. However, a copy of the information submitted at the Planning Commission meeting has been attached as Exhibit C. 5. The applicant has submitted a Stormwater Management Plan. However, the City Engineer has commented that the Stormwater Management Plan is based upon the original plat design, and a revised Stormwater Management Plan will be required to be submitted. A condition has been recommended requiring approval of the Stormwater Management Plan and the Final Construction Plans for public improvements by the Engineering Department prior to approval of the Final Plat by the City Council. 6. Section 11.25, Subd. 5, regarding Lot Area, Height, Lot Width and Yard Requirements within the R-1 Zoning District, requires a minimum lot width of 150 feet when measured at the front setback of 30 feet. On the Preliminary Plat drawing that was reviewed by the Planning Commission, Lots 6 and 7 of Block 3 did not meet this minimum lot width requirement. During the April 7, 1994, meeting of the Planning Commission, Mr. Turpening submitted a letter dated April 4, 1994, and a copy of a portion of a revised Preliminary Plat which addressed this consideration. As of the writing of this staff report, a revised Preliminary Plat drawing had not been submitted. However, a copy of the information submitted at the Planning Commission meeting has been attached as Exhibit C. A revised preliminary plat must be submitted which reflects the required lot dimensions. 7. On the Preliminary Plat drawing that was reviewed by the Planning Commission, an outlot was proposed south of Bourbon Avenue, north of the exception parcel, and east of CR 17. This remnant parcel did not meet the 2.5 acre minimum lot size since it covered only 0.47 acre. In the staff report to the Planning Commission, staff recommended that the parcel be incorporated into Lot 1, Block 2, and that the proposed 30 foot access easement be eliminated. During the April 7, 1994, meeting of the Planning Commission, Mr. Turpening submitted a letter dated April 4, 1994, and a copy 4 of a portion of a revised Preliminary Plat which addressed this consideration. As of the writing of this staff report, a revised Preliminary Plat drawing had not been submitted. However, a copy of the information submitted at the Planning Commission meeting has been attached as Exhibit C. A revised preliminary plat must be submitted which incorporates the outlot into Lot 1, Block 2, and eliminates the proposed 30 foot access easement. 8. The applicant is proposing a drainage and utility easement over the location of the existing pond. The purpose of drainage and utility easements is to protect the delineated wetland areas from private grading actions. A condition has been recommended which requires the location of this easement to be expanded to cover the entire wetland area. 9. The applicant has submitted a ghost plat concept plan showing possible future land divisions. Ghost plats are used to illustrate the potential redevelopment of the subdivision at a higher density (Urban Residential) in the future. The future lots within this development would become extremely narrow when compared to the lot depth. In the past, the City has required developers to locate houses in a manner which would accommodate future lot splits. This condition is implemented in the Building Permit process. The Planning Commission has recommended a condition which would address this (Condition 7.C). 10. On January 1, 1992, the Minnesota Wetland Conservation Act of 1991 became effective. As of the writing of this staff report, the applicant has not submitted a request for a Certificate of Exemption for Proposed Plat "A". Staff will issue a Certificate of Exemption to the owner for Proposed Plat "A" which avoids impacting the existing wetlands, upon submittal of the required information and the $75.00 fee. A Certificate of Exemption will not be issued for Plat "B", which negatively impacts the wetlands. Other Considerations 11. Typically the City controls access to major streets in the subdivision process. Staff recommends that the developer prohibit direct access from the individual lots onto CR 17 for Lots 1 and 3, Block 1, and Lot 1, Block 2. Access rights shall be limited by dedicating to the City the access rights on the dedication statement for the final plat and these access limitations shall be shown on the Final Plat drawing. 12. Grading and drainage plans, and an erosion control plan must be submitted and approved prior to approval of the Final Plat by the City Council. 13. 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 condition has been recommended requiring the applicant to submit verification of the approval of this permit to the City prior to the recording of the Final Plat. 5 14. Preliminary locations for septic system drainfields and building pads have been identified for each lot within the proposed plat. The exact location of the houses and drainfields will be established during the building permit process. These may be restricted to conform to the future urbanization of the site as detailed in the ghost plat. Soil percolation tests will be required with each residential building permit. 15. The Building Official has commented that all on-site sewer systems must be located 50 feet or greater from private wells. On-site sewer area must be delineated and protected from encroachment during the construction process. The applicant must provide on-site observation and reports of any filling or soil correction in house pad areas by a registered professional soils engineer when native soils are displaced or building sites are filled. 16. An Entrance Permit for the access to Bourbon Avenue from CR 17 must be approved by the Scott County Highway Department. A condition has been recommended requiring the applicant to submit verification of the approval of this permit to the City prior to the approval of the Final Plat by the City Council. 17. Scott County Environmental Health has recommended that further soil testing be done, including percolation and soil borings. The Building Official has commented that this will be addressed with the applications for Building Permits. 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 adopted 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. No assessments currently exist on the property. 20. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, the Planning Commission is recommending that a park dedication fee be collected in lieu of park land. Staff has calculated the park dedication fee using the assessed value of the Scott County Assessor's Office. The park dedication requirement would be approximately $858.00 per 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 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. The Park Dedication requirement for the existing structure (Lot 12, Block 3) shall be 6 paid at the time of the approval of the Final Plat for this lot. ALTERNATIVES: 1. Approve the Preliminary Plat (Labeled "A"), subject to the conditions recommended by the Planning Commission. 2. Revise the conditions recommended by the Planning Commission, and approve the Preliminary Plat, subject to the revised conditions. 3. Deny the request for approval of the Preliminary Plat. 4. Table the decision to allow time for the applicant and/or staff to submit additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended approval of the Preliminary Plat(Labeled "A") for the proposed Orleans Addition (Alternative No. 1), subject to the following conditions: 1. The following variance from the Subdivision Regulations is approved: A. Section 12.07, Subd. 1 (f), which states that the maximum length of cul-de-sac streets shall be 1,000 feet for the rural service area. A variance to allow the right-of-way dedication for three temporary over-length cul-de-sac streets (Bourbon Trail cul-de-sac = approximately 1,083'; Bourbon Trail to west = 2,905'; and Bourbon Avenue to north = approximately 1,915') is approved. However, the applicant shall not construct these streets beyond the 1,000 foot maximum cul-de-sac length until the land to the east of the plat is developed and the street connections can be made between the two developments. Peace Circle shall not be platted or constructed until Peace Avenue, located within the plat for Dominion Hills to the north, has been constructed. 2. The applicant shall submit a phasing plan and a revised Preliminary Plat drawing prior to approval of the Preliminary Plat by the City Council which reflects the following design changes: A. The street construction plans shall be revised to meet the requirements of the City's Design Criteria and Standard Specifications. The intersection of Bourbon Avenue must intersect the adjacent plot at a 90 degree angle. B. Lots 6 and 7 of Block 3 shall be redesigned to meet the minimum lot width requirement of 150 feet when measured at the front setback of 30 feet. 7 C. The proposed drainage and utility easement for the pond shall be expanded to cover the entire wetland area. D. The proposed outlot must be incorporated into Lot 1, Block 2, and the access easement must be removed. 3. The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 4) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. 5) Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. The Park Dedication requirement for the existing structure (Lot 12, Block 3) shall be paid at the time of the approval of the Final Plat for this lot. 4. The following must be approved prior to approval of the Final Plat by the City Council: A. The Stormwater Management Plan, including the stormwater calculations and ponding design, must be approved by the City Engineer. B. Final construction plans for all public improvements must be submitted and approved by the City Engineer. C. Approval of the design plans, percolation tests, and soil borings for the on-site sewage systems by the Building Department. 8 D. An access permit from the Scott County Highway Department will be required for Bourbon Avenue. E. The Final Plat drawing must show all drainage and utility easements around the lot lines, as well as drainage easements for all drainage ditches or retention facilities as approved by the City Engineer. F. Direct access from the individual lots onto CR 17 for Lots 1 and 3, Block 1, and Lot 1, Block 2, shall be prohibited. Access rights shall be limited by dedicating to the City the access rights on the dedication statement for the final plat and these access limitations shall be shown on the Final Plat drawing. 5. The following must be completed prior to the recording of the Final Plat with the Scott County Recorder's Office: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat with the Scott County Recorder's Office. 6. Approval of the Preliminary Plat is contingent upon the following: A. The applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization / replacement measures. B. The approval of the Preliminary Grading and Drainage Plan and the Erosion Control Plan by the City Engineer. C. The approval of the Stormwater Management Plan by the Lower Minnesota Watershed District. 7. The following must be completed prior to the approval of Building Permits for the lots on the site: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. B. Residential units shall be situated so as to provide for future Minor Subdivisions to accommodate future development if city sewer and water service is provided. 8. The following actions must take place: A. No direct access onto CR 17 shall be allowed for any of the lots. 9 B. Adequate turnaround facilities for all temporary cul-de-sac streets must be constructed with each phase. Adequate rights-of-way or easements for the turnarounds must also be dedicated with the final plat. C. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. D. Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. All individual sewage treatment sites shall be protected during lot development and road and building construction. ACTION REQUESTED: Offer Resolution No. 3985, A Resolution Approving the Preliminary Plat for Orleans Addition, (the Preliminary Plat drawing which is labeled "A" and avoids impacting the wetlands), and move its adoption. {CITYCOUN\PPORLEAN.4I9} 10 RESOLUTION NO. 3985 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE PRELIMINARY PLAT FOR ORLEANS ADDITION. WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat for Orleans Addition on April 7, 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 Orleans Addition, described as: The Southeast Quarter of the Northeast Quarter (SE 1/4 of NE 1/4)of Section 19, Township 115, Range 22; AND the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4)of Section 20, Township 115, Range 22, Scott County, Minnesota; Excepting from the above the following two parcels: 1. A tract of land in the NE 1/4 of Section 19, Township 115 North, Range 22 West, Scott County, Minnesota, described as follows: Beginning at the intersection of the south line of said NE 1/4 of the centerline of CSAH #17; thence north along said centerline a distance of 190.0 feet; thence east and parallel to said south line a distance of 342.0 feet to the point of beginning; and 2. The North 300.0 feet of the West 726.00 feet of the Southeast Quarter (SE 1/4)of the Northeast Quarter(NE 1/4)of Section Nineteen(19),Township One Hundred Fifteen(115),Range Twenty- Two (22), Scott County, Minnesota. is hereby approved subject to the following conditions: 1. The following variance from the Subdivision Regulations is approved: A. Section 12.07, Subd. 1 (f), which states that the maximum length of cul-de-sac streets shall be 1,000 feet for the rural service area. A variance to allow the right-of-way dedication for three temporary over-length cul-de-sac streets (Bourbon Trail cul-de-sac = approximately 1,083'; Bourbon Trail to west = 2,905'; and Bourbon Avenue to north = approximately 1,915')is approved. However, the applicant shall not construct these streets beyond the 1,000 foot maximum cul-de-sac length until the land to the east of the plat is developed and the street connections can be made between the two developments. Peace Circle shall not be platted or constructed until Peace Avenue, located within the plat for Dominion Hills to the north, has been constructed. 2. The applicant shall submit a phasing plan and a revised Preliminary Plat drawing prior to approval of the Preliminary Plat by the City Council which reflects the following design changes: A. The street construction plans shall be revised to meet the requirements of the City's Design Criteria and Standard Specifications. The intersection of Bourbon Avenue must intersect the adjacent plot at a 90 degree angle. B. Lots 6 and 7 of Block 3 shall be redesigned to meet the minimum lot width requirement of 150 feet when measured at the front setback of 30 feet. C. The proposed drainage and utility easement for the pond shall be enlarged to cover the entire wetland area. D. The proposed outlot must be incorporated into Lot 1, Block 2, and the access easement must be removed. 3. The following procedural actions must be taken: A. Approval of the title opinion by the City Attorney. B. Execution of a Developer's Agreement for construction of required improvements: 1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3) Local streets within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 4) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$250.00 each per sign pole. 5) Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. The Park Dedication requirement for the existing structure (Lot 12, Block 3)shall be paid at the time of the approval of the Final Plat. 4. The following must be approved prior to approval of the Final Plat by the City Council: A. The Stormwater Management Plan, including the stormwater calculations and ponding design, must be approved by the City Engineer. B. Final construction plans for all public improvements must be submitted and approved by the City Engineer. C. Approval of the design plans, percolation tests, and soil borings for the on-site sewage systems by the Building Department. D. An access permit from the Scott County Highway Department will be required for Bourbon Avenue. E. The Final Plat drawing must show all drainage and utility easements around the lot lines, as well as drainage easements for all drainage ditches or retention facilities as approved by the City Engineer. F. Direct access from the individual lots onto CR 17 for Lots 1 and 3, Block 1, and Lot 1, Block 2, shall be prohibited. Access rights shall be limited by dedicating to the City the access rights on the dedication statement for the final plat and these access limitations shall be shown on the Final Plat drawing. 5. The following must he completed prior to the recording of the Final Plat with the Scott County Recorder's Office: A. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat with the Scott County Recorder's Office. 6. Approval of the Preliminary Plat is contingent upon the following: A. The applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization /replacement measures. B. The approval of the Preliminary Grading and Drainage Plan and the Erosion Control Plan by the City Engineer. C. The approval of the Stormwater Management Plan by the Lower Minnesota Watershed District. 7. The following must be completed prior to the approval of Building Permits for the lots on the site: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. B. Residential units shall be situated so as to provide for future Minor Subdivisions to accommodate future development if city sewer and water service is provided. 8. The following actions must take place: A. No direct access onto CR 17 shall be allowed for any of the lots. B. Adequate turnaround facilities for all temporary cul-de-sac streets must be constructed with each phase. Adequate rights-of-way or easements for the turnarounds must also be dedicated with the final plat. C. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. D. Site grading and the movement of heavy equipment will be limited to those areas identified on the Drainage and Erosion Control Plan. All individual sewage treatment sites shall be protected during lot development and road and building construction. 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 k. EXHIBIT A sEirt;+ 1 ` - _ _ — — - - - - M MATCH LINE ': s:: _��� ��•1•s- •II//T t-1 • 1 1 �.. oil k • " • \ . 1 .. or.,D1 tL� ;w - 124TH I.•ST M: -----.-----.i 1 z ---- is-Acts i r.�on9? i 4 ! 1 • -a i I �' " • CC PO 7' O 'f- --- I 1 . 1 s I< i Z i IL S • • • . .G AGRICULTURE - . . g R1 RURAL RESIDENTIAL = R2 URBAN RESIDENTIAL R3 MID—DENSITY RES. % _:---- ---, R4 MULTI FAMILY RES. { B1 HIGHWAY BUSINESS :: 1 `: : d B2 COMMUNITY BUSINESS ' - B3 CENTRAL BUSINESS 11 LIGHT INDUSTRIAL - 12 HEAVY INDUSTRIAL • S SHORELAND - ' :L FLOODPLAIN DISTRICT S ---- MANDATORY PUD ' RTD RACETRACK DISTRICT' .._. . - I Zoning Map City of SHAKOPEE 800t . 257th Street `0 44' Farmington, MN 55024 EXHIBIT B 3. Designers of Buildings and Spaces phone (612) 469-2519 T U R P E N I N G A R C H I T E C T U R E STUDIOS Ire Mr Lindberg Ecola Director of Planning City of Shakopee RE : ORLEANS SUBDIVISION ALTERNATE PLAN PRELIMINARY PLAT March 14 , 1994 Dear Mr Ecola, Please find enclosed copies of the Preliminary Plat for the • revised scheme and revised copies of the engineering for grading and roads , and a revised landscape plan . Please note that we have incorporated all improvements recommended by city staff and the Scott County Highway Engineer. Also enclosed is a revised preliminary plat plan for the original plan, which Mr. Leavitt would like re-evaluated before the Planning Commission. We have changed the proposed wetland replacement to include a high level marsh with open water with a replacement ratio of 4 to 1 . Regarding Wetland Replacement: There was discussion at the Planning Commission in which certain statements were made that replacement areas are never as good as the original . I reviewed this with our Landscape Architect, Eldon Hugelin, and our wetland consultant, Rob Bouta of Westwood, both well respected among their peers and wildlife enthusiasts . They felt that the replacement areas can be better than original because you can control the water level and plant material . Planted wildflowers provide much superior cover for wildlife, and if kept wet the replacement plants (as well as the original reed grass ) are very hardy. Wetland does not necessary mean delicate areas that cannot be disturbed. Sinq-rely, •try P '4)01.rni � AIA Jr G TURPENING&ASSOCIATES.LTD.. 1983 EXHIBITC C.la) — y7/61 3000 W. 257th Street C Farmington, MN 55024 Designers of I ) Buildings and Spaces phone (612) 469-2519 T U R P E N I N G ARCH I T E C T U R E STUDIOS ltd Ms Terrie Sandbeck, Assistant City Planner City of Shakopee RE: ORLEANS ADDITION REVIEW OF STAFF MEMO OF MARCH 30, 1994 April 4 , 1994 Dear Terrie , On behalf of J . Patrick Leavitt, and the other consultants on this project, I would like to give you copies of our response to concerns in your report. p. 3 , item 3 . It is our assumption that we will be able to work with the developers to the North and the South of the proposed Orleans Addition and work-out suitable connections for the road system. A phasing plan will be submitted as required. p . 4 , item 4 . See attached 8 . 5 x 11 inch sheet outlining a revised intersection off the curve. p. 4 , item 5 . A Stormwater Management Plan was submitted with the original plat . p. 4 , item 6 . We assume that there is a typographic error, and that staff questioned the dimensions on lots 5 & 6 . See attached 8 . 5 x 11 inch sheet with new property lines meeting this requirement . p . 4 , item 7 . We have combined the outlot into Lot 1 , Block 2, leaving a curved right-of-way line for the access from CASH 17 as per our revised Landscape Plan. See attached 8 . 5 x 11 inch sheet. p. 4 , item 8 . We are leaving the exception property as is . End of comments. 1PSincer: , i s- )--- Gary P 4 pening, AIA ' '�= �� i I - r-' �J 1 t 'I 1I 1I I C0 IN. .� ' ' 1 ti ��1 1 fr.-__--.`. �Z? ' / -. �i 1 J 1 ` iit it -` di '•, . \ / fig �/ 1i i .� * \ • ♦ ��/�,� 1 I �\\ •\ ♦`\ \ /. 'i'.- / T 1 \\_ ' i tb7 1 / \ .\\• \ -:i t 1t ii r1 l / \\` •` `\ c'''' 1 1 \ \\ •� \ S i 1 \\ \ e.)\‘\ \ \ 1 1 \ \ N ;_ /f,_ I \ , \ h ,11/ / a0 \\ ` /Iti • \ `\\ / / / . \ \\ \\ `\\ / " / ,� / / ,i/' '� \ • `\ \ �\♦ I/1N/ / • �,'� IAD-3 � \Rc • `♦;\//i / \ \ ,In \ \\ \ • 1 >\I / \ \ \ /0 //� / 'i ♦\ \ N0. ,„ / , \ S. LJ �// / ,'/ / \\\\ \N 1\b,," ED �/ \\\♦ \" N. CN .. ' ,� \;\\ \ \\\ \ ,, . . O, I �� \ \ \ N\- . . \ 1 \ co ` ♦ ♦ \ / , \ \ , � S. \ / i , ,/ / S..?•.\. \ !) ,�/ k \ N / / \♦ \ �• `\\\\ i i;; / \\`\\\\ / ,/,/,- r --1 \ i , iI \ s f7.A9e w . . p . 4 , item 4 . See attached 8 . 5 x 11 inch sheet outlining a revised intersection off the curve . j ,cZ-- j t— — l 1 ` ___ st% \ 1 _l , , r ` 0 1, I % $ ti , , , � 1 1 I 1 $$; ; 1 \ 1 S ' , �� uti1 1I �I t \ . i�y \ ie 1 1 ii t 1 1 I 1 1 „ 1 ;;g \ \� \ Z H I L 1 , 1 ;ti IiIL g COCfJ 1__x.I , , �' ( 1 1 q ! ' t ' I 1 11 is `'+y i t 1 1 II 1 til 1 _i ' 1 t 1 l " 1 Vt \ ' 11 , i ; � � s1 l I 1 . 1 I ' I 1 �• -. ' \ - 1 1 r1 i _-- .., , I 1 - Z— -r'! ,..--- U. \ ,-11 r 1 \ I % \... I -g.-84-a* I -.9V3-C1 r tl O r -,s$t-L • 6 i ti ,---- ci_ . _ _____,N. „,, \ } ‘,; ; 'tre) L \ , } 1r 1 , 11 4 . , ` y gi \ .. I to , 4or � 1 \ \� i \ ; ; id °a. '1 S i \ % : I / / Vj / / t4)I CD CD• / ( M /• `••,. I \ \ / C3 / �` �\ nr in \ \\\ \/ // / / ir \```` \ „ 4; 1 e 9)1 \ li/ \ �� V) 0 N. ... ....si • / / \\\ \ / / �-- / „.• / s \ °.." , . .\ ��� t \ 1 �/ \ \ \ S \ 3 CO \ N t'',� 1 \ 1 al \ 11.- \ I \ ; L i 1 ; 1 N 1 �; i i II -__I I i ; I w. .,,afi L ....•00'061. M ,1c c c5.0 N _. /1(/:\lI -" ..s...... \\11 CI ! t O. i 04 `t rn 1 i rn3 T-.-- I N I- 1 t 04 I j . G F1k tO �5 I-1 I .) 11- 'ci,V- °ppI p . 4 , item 7 . We have combined the outlot into Lot 1 , Block 2 , leaving a curved right-of-way line for the access from CASH 17 as per our revised Landscape Plan . See attached 8 . 5 x 11 inch sheet . re" EXHIBIT D MEMORANDUM TO: City of Shakopee FROM: Technical Evaluation Panel for the Wetlands Conservation Act SUBJECT: Proposed Subdivision - Orleans Addition DATE: February 1, 1994 On January 27, 1994 the Technical Evaluation Panel (TEP) met to discuss the above referenced subdivision. The purpose of the meeting was to determine if the applicant had adequately addressed sequencing when designing their subdivision in order to avoid all wetlands or minimize the impacts on the wetlands. The meeting consisted of the following attendees: City of Shakopee: David Hutton, Public Works Director Jeff Swenson, Technician B.W.S.R. Jim Haertel Scott County SWCD: Pete Beckius Applicant Representatives: Mr. Gary Turpening, Architecture Studios Mr. Rob Bouta, Westwood Professional Services To review the proposed impacts on the wetlands, the TEP utilized the wetlands delineation maps and the January 18, 1994 report submitted by the applicant. FINDINGS OF FACT: In regards to the wetlands delineation, the applicant and the City of Shakopee agree on the locations and size of all wetlands on site, as modified by the field inspections and as discussed on Pages 2 and 3 of the applicants January 18, 1994 report. In regards to sequencing. the applicant submitted 4 alternatives to avoid the wetlands including the "no build" option. The applicants appeared to give Alternative D the most consideration. but in fact rejected all options and concluded that the development as proposed, which would impact 10,000 square feet of wetlands, was the only viable option. The applicants presented six reasons for rejecting Alternative D, which the TEP would like to address individually, as follows: 1. This alternative would cause unnecessary tree removal. Response: It appears that this alternative has approximately the same impact on the extent of tree removal as does the proposed layout and as do several other alternatives. 2. It would negatively impact the existing house. Response: The proposed plat layout results in a cul-de-sac street actually coming closer to the existing house than the road as shown in Alternative D, although with Alternative D the street is a through street which will result in increased traffic. Based on the low density in this area and other adjacent street outlets, the TEP did not feel the traffic volumes would be overly excessive or justify the elimination of 10,000 square feet of wetlands. 3. It would result in lengthy travel. Response: The TEP did not feel the travel length was an issue for any alternatives, including the proposed plat. 4. Social benefits for viewing the deep marsh would not be realized. Response: The proposed plat severs the wetlands and the deep marsh may or may not be viewable from the road due to the amount of tree cover. The TEP felt that severing a wetland has a greater negative impact on wildlife than any social benefits derived from viewing the marsh. The TEP feels there are ways to obtain a social benefit of the marsh such as passive trails around the wetland as opposed to severing the wetland. 5. The street would come close to the NSF power lines which is aesthetically undesirable. Response: The proposed street is only near the power lines for a very short distance and any negative aesthetics that may happen were not felt to be a major factor. Additionally, some type of vegetative barrier or screening trees could be placed along the street to improve the visual aesthetics of this area. 6. There would be double fronting lots in Maple Trails. Response: Due to the short distance where the proposed road is actually against the applicant's southern boundary, it appears that only 1 or 2 lots in Maple Trails would be partially double fronted. Due to the large size and depth of the lots in Maple Trails, the TEP did not feel this was a major factor. In addition, the NSP easement separates the two streets, providing additional buffer area for those lots in Maple Trails. SUMMARY: In summary, the TEP did not feel the applicant adequately submitted any substantial reasons for impacting the wetlands and in fact produced several viable alternatives for avoiding the wetlands. None of the alternatives resulted in any economic factors such as a reduction in the number of lots in the subdivision, nor did any of the alternatives produce any substantial social or environmental factors or other unusual problems that would override the preservation of the wetlands on this property. RECOMMENDATION: The undersigned Technical Evaluation Panel recommends to the City of Shakopee that the proposed preliminary plat for the Orleans Addition be denied because the applicants have not complied with the Wetlands Conservation Act of 1991 by making every effort to avoid any wetlands impacts. • fit David E. HuttonHaut-HaPete Beckius City P of Shakopee FB.W.S.R. Scott County S.W.C.D. . ,........_„*.; //)./. ///'/i'/ I 1,‘ /c..) / / I 1 \___Lt / . . .,. ., L . , ( , I i ) , 2 i _ ____, c. 77,--- - - ._(•,--. ...... _,..„.....E ._ • .-.:-.-. a:C.7......... •••-. ,., , 7"..,"•-•'-.. --:•0011!• ...,,......•--..4.7 7 .- \\ 1 r 1 1.. Ai --7 I I --- . ! 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Ilf/1 IA .. .• \ - f.0,1/111"( 1.314.10. •• • • • • -• • • • • 12 .0 CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Amendment to Final Plat for Market Place DATE: April 14, 1994 INTRODUCTION: At their August 18, 1992, meeting, the City Council approved the Final Plat for Market Place. the applicants have recently submitted a request for an amendment to this Final Plat. At their meeting on April 7, 1994, the Shakopee Planning Commission recommended approval of the amendment to the City Council, subject to conditions. BACKGROUND: David Rutt and Merle Volk received approval for the Final Plat for Market Place on August 18, 1992. The approved subdivision covers 3.03 acres, and is located at the northwest corner of Market Street and 5th Avenue. It consists of 6 residential lots and four outlots. (See Exhibit A for location of the plat.) Approval of a Final Plat provides the applicant with up to 180 days in which to record the plat with Scott County. On February 2, 1993, and on August 17, 1993, the City Council approved requests to grant the developer an additional 180 days in which to file the Final Plat with the Scott County Recorder's Office. The Final Plat for Market Place has not yet been recorded due to difficulties encountered during the title search. DISCUSSION: Leriemondie's Addition was platted in 1857. Lots 3, 4, 5, and 6, of Block 208 of Leriemondie's Addition were originally proposed to be replatted with the proposed Market Place plat. However, it was discovered during the title search that Lot 3 of Block 208 is not owned by the developer. For this reason, this lot cannot be included in the proposed Market Place plat. Attached as Exhibit B is a copy of the revised plat which excludes Lot 3 from the plat. Along with this application, the City Council will also be considering a petition from Mr. Rutt to vacate a portion of an existing alley located along the south line of Block 208, Leriemondie's Addition. This alley was recorded by a Warranty Deed in 1960. The City Council will hold the public hearing on April 19, 1994, to consider this vacation request. For additional information regarding the vacation request, please refer to the staff report in the April 7, 1994, Planning Commission Agenda Packet. 1 ALTERNATIVES: 1. Approve the request for an amendment to the Final Plat for Market Place which would delete Lot 3, Block 208, Leriemondie's Addition from the legal description for the Final Plat. 2. Deny the request for the amendment to the Final Plat. 3. Table the decision and request additional information from staff or the applicant. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the request for an amendment to the Final Plat for Market Place (Alternative No. 1), which would delete Lot 3, Block 208, Leriemondie's Addition from the legal description of the Final Plat, subject to the original conditions of approval as listed below: 1. Approval of the title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required improvements: a. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. b. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. c. Storm sewer and sanitary sewer systems shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. d. Cash payment in lieu of park dedication shall be required. Park dedication fees shall be deferred to the time of the building permit for each lot. e. No building permits shall be issued for Outlot A. 3. The applicant shall submit a revised final plat which provides a utility easement for the overhead electrical line which crosses the proposed alley and Outlot A. 4. The applicant shall transfer Outlots B, C, and D to the adjoining parcels to the north. No building permits will be issued for these outlots unless they are combined with the parcels to the north. 2 5. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 6. No access from 4th Avenue will be permitted. 7. If a well is discovered within the subdivision no further building permits will be issued until the well is capped according to state standards. 8. All buried debris excavated during the construction of any buildings shall be hauled to a landfill. No certificates of occupancy shall be issued for a building until all debris is hauled off the lot and to a landfill. 10. A soils engineer shall approve all building sites if any fill is used in areas where structures will be constructed. No building permits shall be issued for buildings constructed on lots where fill is used in this situation until after the appropriate approval. ACTION REQUESTED: Offer Resolution No. 3986, A Resolution Amending Resolution No. 3645, A Resolution Approving the Final Plat for Market Place, and move its adoption. {CTTYCOUN\FPAMARKET.419} 3 RESOLUTION NO. 3986 A RESOLUTION AMENDING RESOLUTION NO. 3645, A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR MARKET PLACE. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Market Place on August 6, 1992, and has recommended its approval; and WHEREAS, the City Council of the City of Shakopee did approve the Final Plat for Market Place on August 18, 1992; and WHEREAS, the Planning Commission did review a proposed amendment to the Final Plat for Market Place which would delete Lot 3, Block 208, Leriemondie's Addition from the legal description; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Market Place, described on Attachment 1 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. Electrical system shall be installed in accordance with the requirements of Shakopee Public Utilities. b. Water system to be installed in accordance with the requirements of Shakopee Public Utilities. c. Storm sewer and sanitary sewer systems shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. d. Cash payment in lieu of park dedication shall be required. Park dedication fees shall be deferred to the time of the building permit for each lot. e. No building permits shall be issued for Outlot A. 3. The applicant shall submit a revised final plat which provides a utility easement for the overhead electrical line which crosses the proposed alley and Outlot A. 4. The applicant shall transfer Outlots B, C, and D to the adjoining parcels to the north. No building permits will be issued for these outlots unless they are combined with the parcels to the north. 5. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 6. No access from 4th Avenue will be permitted. 7. If a well is discovered within the subdivision no further building permits will be issued until the well is capped according to state standards. 8. All buried debris excavated during the construction of any buildings shall be hauled to a landfill. No certificates of occupancy shall be issued for a building until all debris is hauled off the lot and to a landfill. 10. A soils engineer shall approve all building sites if any fill is used in areas where structures will be constructed. No building permits shall be issued for buildings constructed on lots where fill is used in this situation until after the appropriate approval. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. 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" .: • ,-: ,.......4--,-k • . • ,,, ;,.;.:, . , , . . _. .i . , • :..1 : . .... • .-..„...?..;.. !..... --, . . • : , .. .„.....-,. i',.." "'" • n . i a . . ....................---; ijil..4.....J •-:... ...:". L.... .-:.- 4_..-..._.............• .- $-•-- •.._ -..• ---1 , •. • . i .4_-4*'-' t • -r- • 4.---- • 4.. a .s.;,...-.1.-r--•-• ----1 .4 : - : I • ..it : 1 ! , ..., ....,.......: ..... • • • • • .1. N : . .. , . 4, t . ......•••-.'1 • . • „.„;:, ' AG AGRICULTURE 1 !....X: -•_-.:. ,..-..-E,....-..;.,l.e. :•.•- 2•;,-----: .-.-. -..-..--. -..-• . ' : . : R1 RURAL RESIDENTIAL . ...... _ -- --- . _ . . •-- .' R2 URBAN RESIDENTIAL i .___ i____, , „i .7. ., , c:•• •:-.... . a . •• .i. . 7-, R3 MID-DENSITY RES. :+1 :.--.2.--I , • 2 • r. ' ••••,•• .. • . .. `;• . ; : ••! : , ',S. • R4 MULTI FAMILY RES. • • . . i . ,- • B1 HIGHWAY BUSINESS .... . ...... . ------• ------ 1 - • . •-- . ••• • • -• • B2 COMMUNITY BUSINESS : • •- • ••• ., .. . • .. .. B3 CENTRAL BUSINESS - -- .. , . ..... . . • • -. •-• • • • 2 ;„• ' . f' . , - •• Y t ' '7 . : 11 LIGHT INDUSTRIAL :•.: •._ • • . • - -• " • ---• -- - ' -7.........:•:-..:•::,:._:•-_-.:. •-- 12 HEAVY INDUSTRIAL - --- --• - - II-2z r;; . . -. --- .... .:. •- - • ••• ,77 . , ... . .. . . .-„.‘_J :__.....,z. . \ ..7 ..... .. S SHORELAND - • ,. A ....... -37.•.,-,.:•,•-,.....A -,i, .....1;• . .; , .L c.... ./.„,... •. ..- . : , , .'.....-: FLOODPLAIN DISTRICT • .•::-.:: ::: • •- cl -.... ., . ,. .------, •,---- - . ..,. -•-• MANDATORY PUD k i 2 4 ..--;i i .7 . ir."5 *c....art. ---:•. s - , - .. • ' er " ,s'• ,:::.4... RTD RACETRACK DISTRIC .11 .4,_, . --- : f---/-• ;.Cr ''"--------------.%•- --- - .. . _ ._. - Zoning Map City of SHAKnPFF feet in width, unless otherwise indicated, oining lot lines, and 10 feet in v. +h and _ _ ..: g'street lines os shown. on the plat. . . - - o I -- -1 • 1 ..i/ ' ' • I I I I , 8 ,..< I ' ,-, 3-/ ------- \------- -----\ / /s ,'.‘, 1 I 1‘.: i 1 ....+''`...... \----- ---.\- 1 . . „ ... , ./ . \ r- e- -------- • - \I I \ , r- r; 1 1-" , 1, .......--''''...•••••••• \ .......""••••••••.".. \ r- ' i ' I L/ ' ''- I Lei.: L.— I` a I• - •/ 2I• \A ./ O 11• • \ / '' I / \ \ i'... t..r‘ . -.- a '- :.‘\I ...--•-"" .‘ -•• \ �the�lY \<.... ‘ W 51.49 the s° 5� 6's °r0llel with°` Fourth south line of Bock 108 \� t ,' ``. ° line Pf w°Y line — \:�� ` gQ'1 .2 r_ r• o right-O " 89'06'34" W '�;,` --S / - - • X 0$.50 - • -; 5 89'06:34'• E� `i 199.87 • ��� 45.s7 - 154.40 153-43 M ,---- • --- ,26„ W • *15.3' ALLEY o — �N 80'1 6 gQ�T 5 •N N �-262.50--_- S -- o o o— .58.30 ,0 t � �_ _ ���� —_ : N 6� 'Sz6' E SAI --) ) , ,\ % ��OU TL 0 T A \ �° '1" ~-' - \ See Detail I i . � \ c Os2 / \ _01 . 89-06 5.7" '`•z.22 -- N e;'06'53 . .5:.02 __.: O • 7:.01 , 7.7./'" , 7' r' 7; W ./ S ' _ SBL BLOCEs K: 1 -6c . � � c 6 _ c 5 �'r L -\ c Ileo CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Final Plat for Homestead Ridge, 1st Addition DATE: April 14, 1994 INTRODUCTION: Vierling Partnership has submitted an Application for Final Plat Approval for Homestead Ridge, 1st Addition. 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 area was rezoned from Agricultural (AG) to Urban Residential (R-2) on February 15, 1994, at the request of the applicant. (See Exhibit A.) At their April 7, 1994, meeting, the Planning Commission recommended approval of the Final Plat for Homestead Ridge, 1st Addition to the City Council, subject to conditions. BACKGROUND: The Preliminary Plat for Homestead Ridge was approved by the City Council at the February 15, 1994 meeting. The Preliminary Plat for the proposed development contains 50 residential lots and one outlot on 21.71 acres. With this application, the developer is requesting approval of the Final Plat for the first phase of the development. The first phase contains 22 residential lots, and three outlots. Outlot A (7.82 Acres) and Outlot B (4.13 Acres) will be developed in later phases. CONSIDERATIONS: 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. Until recently, the site was zoned Agricultural (AG). With the application for approval of the Preliminary Plat, the applicant also submitted a request to rezone the site from Agricultural to Urban Residential. The City Council approved this request at the February 15, 1994, meeting of the City Council. Please refer to the Planning Commission staff report for the February 3rd meeting for additional information regarding this request. 3. The proposed Final Plat for Homestead Ridge 1st Addition is in substantial conformance with the approved Preliminary Plat. 1 4. All 22 of the lots within the first phase of the proposed development meet or exceed the 9,000 square foot minimum lot size requirement within the R-2 zoning district, and 10 of the lots meet the requirements for development with two-family dwellings. The average residential lot size is 11,852 square feet, with the smallest lot proposed to be 9,923 square feet in area. A condition of approval of the Preliminary Plat requires that the number of twin homes be limited to no more than 10% of the lots within the plat (5 of the lots within the Preliminary Plat). This condition has been carried over into the recommended conditions for the Final Plat for the first phase. 5. Gloria and Jerome Vierling currently own the exception parcel adjacent to the southwest corner of the plat. They will be purchasing Outlot C and incorporating this land into a plat with their existing land sometime in the future. Outlot C measures approximately 12,283.16 square feet (.28 acres) in size. 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 Final Plat drawing shows the location of the gas line and the proposed location for a 78 foot wide easement for the gas line (37 feet on each side of the gas line). Minnegasco has commented that the blanket easement will be released subject to two conditions: 1) The new easement 78 foot wide is executed; and 2) The recording document number appears on the recorded plat. The easement follows the side yard property lines between 4 of the proposed lots, and will cross Monarch Street. Although it reduces the buildable area for lots adjacent to it, sufficient area exists for the development of the lots. 7. The third phase of this plat is located adjacent to the proposed TH 101 Bypass. Therefore, noise mitigation measures will be required to protect the future residents when the third phase is platted. A condition of approval for the Preliminary Plat required 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. Also required with the approval of the Preliminary Plat is that the developer record an agreement which notifies home buyers of the future bypass and its possible noise impacts. 8. 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. 9. Typically the City controls access to major streets in the subdivision process. Staff recommends that the developer dedicate the access rights to CR 79 (for Lots 1 through 12 of Block 1) in the dedication statement on the Final Plat. Access rights shall be limited by dedicating to the City the access rights in the dedication statement, and these 2 access limitations shall be shown on the Final Plat drawing. 10. 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. Mound Street will require an approved Entrance Permit from the Scott County Highway Department. A copy of this Entrance Permit must be submitted to the City to verify its approval. 11. Final construction plans have been reviewed and approved by the City Engineer. 12. Grading and drainage plans, stormwater calculations, and an erosion control plan have been submitted and approved by the City Engineer. 13. 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 prior to the recording of the Final Plat. 14. Shakopee Public Utilities has commented that both water and electrical services are available to the area, subject to their standard terms and conditions. 15. 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. 16. City staff has issued a Certificate of Exemption to the Wetlands Act of 1991 to the applicant. 17. 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 has been 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. 3 The applicant is requesting a 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. This credit would be calculated as follows: 1,101.92' x 10' = 11,019.20 square feet or .26 acre. The Park Dedication requirement of 2.17 acres - .26 acre credit = 1.91 acres remaining Park Dedication. 18. 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 .26 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 $53.57 per residential lot, and when using the appraised value calculated in 1989, the park dedication requirement would be approximately $64.94 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 development. 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 4 the property. 19. There are no existing special assessments against this property. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends the approval of the Final Plat for Homestead Ridge, 1st Addition, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. 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 (50 feet for right-of-way and 10 feet for trail for a total of 60 feet) to allow for the construction of the Scott-Hennepin Regional Trail (.26 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. C. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. 5 D. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat with the Scott County Recorder's Office. E. Access rights shall be limited by dedicating to the City the access rights to CR 79 in the dedication statement for the Final Plat, and these access limitations shall be shown on the Final Plat drawing. F. Minnegasco shall release the blanket easement which currently exists on the site, and the applicant shall dedicate a 78 foot wide easement for the gas line (37 feet on each side of the gas line) that is shown on the Final Plat drawing. 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. G. The developer shall submit a revised Final Plat drawing which changes the name of the street called "Indigo Lane" to "Mound Street". 2. Approval of the Final Plat is contingent upon the following: A. Approval of the Final Plat shall be contingent upon the purchase of Outlot C 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 C until it is incorporated with the adjacent land and receives subdivision approval. B. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 3. The following must be completed prior to the approval of Building Permits for the site: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. ACTION REQUESTED: 1. Offer Resolution No. 3987, A Resolution Approving the Final Plat for Homestead Ridge 1st Addition, and move its adoption; and 2. Offer a motion authorizing the hiring of an appraiser to perform an appraisal of the parcels within this development in order to calculate the Park Dedication requirement, and move its approval. {C rr YCO UN\FPHO M ESr.419} 6 RESOLUTION NO. 3987 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR HOMESTEAD RIDGE, 1ST ADDITION. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Homestead Ridge, 1st Addition, on April 7, 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 Final Plat for Homestead Ridge, 1st Addition, described on Attachment 1, is hereby approved, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title opinion by the City Attorney. B. 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(50 feet for right-of-way and 10 feet for trail for a total of 60 feet) to allow for the construction of the Scott-Hennepin Regional Trail (.26 acre credit towards the parkland dedication requirement of 2.17 acres). The remaining Park Dedication Requirement of 1.91 acres 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. C. The developer shall provide a recordable agreement stating that not more than 10% of the plat will be developed into twin homes. Twin homes will require separate utility connections, and sites must be identified prior to installation of utilities. D. The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the proposed subdivision prior to the recording of the Final Plat with the Scott County Recorder's Office. E. Access rights shall be limited by dedicating to the City the access rights to CR 79 in the dedication statement for the Final Plat,and these access limitations shall be shown on the Final Plat drawing. F. Minnegasco shall release the blanket easement which currently exists on the site, and the applicant shall dedicate a 78 foot wide easement for the gas line(37 feet on each side of the gas line) as shown on the Final Plat drawing. 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. G. The developer shall submit a revised Final Plat drawing which changes the name of the street called "Indigo Lane" to "Mound Street". 2. Approval of the Final Plat is contingent upon the following: A. Approval of the Final Plat shall be contingent upon the purchase of Outlot C by the owners of the land to the south so that it may be incorporated into a future subdivision. No Building Permits shall be approved for Outlot C until it is incorporated with the adjacent land and replatted. B. The developer shall be responsible for grading of the plat as shown in the grading, drainage and erosion control plans. 3. The following must be completed prior to the approval of Building Permits for the site: A. The applicant shall provide on-site observation and compaction testing of house pads by a registered professional soils engineer when native soils are displaced or when building sites are filled. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 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. _ • . .. 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Mt.P.ror•PS,re..si EZ0M , 11 0 4.gvi. -:...-•srz--' !e.') tull f,,'=ff 5 •,*c z.• ,.i 1-- , OM* ; t , I :.; .P. , rim) J I 1 01 CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: High Five Erectors, Inc., Amendment to High Five Erectors Planned Unit Development DATE: April 13, 1994 INTRODUCTION: Ms. Kim Stock, President of High Five Erectors, Inc., has submitted an application for an Amendment to the Planned Unit Development (PUD) for High Five Erectors, Inc. The City Council approved the Final Development Plan for this PUD on May 19, 1992. The applicant is requesting an amendment in order to construct a 4,800 square foot masonry building to be used to store and service their construction equipment. At their April 7, 1994, meeting, the Planning Commission recommended approval of the amendment to the PUD to the City Council, subject to conditions. BACKGROUND: The site is located at 700 County Road 83, the former Velodrome site. It is zoned Race Track District, (RTD), and is located in the urban service area. (See Exhibit A.) The site covers 4.65 acres. Within the Racetrack District (RTD), no structures or land may be used unless permitted through the PUD approval process. Permitted within the RTD are light industrial uses, but they are specifically limited to office-showroom, corporate offices, research and development laboratories, warehousing, and light assembly type maintenance. The applicant received approval of the Final Development Plan for this PUD in the spring of 1992 in order to remodel an existing 1,800 square foot metal structure for use as an office and warehouse. This approval permitted the applicant to construct an addition onto the south and east sides of the existing structure, to remodel the interior, and permitted on-site outdoor storage. In the fall of 1992, the applicant received approval of an amendment to the PUD in order to delete an area within the trees that had been designated for outdoor storage of equipment that was up to 15 feet in height. The amendment designated an area southwest of the building for outdoor storage with a 15 foot height limit. A 6 foot height limit had originally been approved for this area. 1 CONSIDERATIONS: 1. The purpose of the Planned Unit Development (PUD) section of the Zoning Ordinance is to encourage innovation, variety and creativity in the site planning process. A developer may obtain greater development flexibility through variances negotiated in the PUD review process provided that amenities beneficial to the public are created with the proposal. Greater protection of important natural features, preserving open space, and providing a quality environment are often the means in which a developer can negotiate flexibility from the standard zoning ordinance regulations. 2. The Race Track District is a mixed use zoning district that was created specifically for land within and adjacent to the Canterbury Downs Race Track. The intent of this zoning district is to create a high quality environment with a high degree of land use compatibility and public street efficiency; to protect existing landscape features; to preserve open space; to sensitively integrate development with the natural landscape; to appropriately space accesses to the public street system; and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered development on a lot by lot basis. 3. The City Council approved the Preliminary and Final Development Plans for this PUD in May of 1992, subject to the following conditions: 1) The applicant shall construct the proposed addition to the existing structure, the portions of the existing structure visible to the public, and all fencing out of acceptable building materials, as per Sec.11.36, Subd. 4.A, of the Shakopee City Code. 2) The property owner shall provide the City with a certified check, letter of credit, or performance bond equal to 150% of the estimated cost of installing all required landscaping and screening improvements. The City shall have the right to utilize these funds to complete any landscaping or screening improvements not in compliance with the approved plan. 3) Prior to the release of a building permit for the addition to the existing structure, fences, grading, etc., the applicant shall submit to the City $4,562.50 to satisfy the park dedication requirement for Lot 1, Block 1, Behringer 1st Addition. 4) In the event that outdoor storage in excess of 6 feet in height is to be requested in the area south and west of the building, the applicant will return to the Planning Commission with an Amendment to the PUD. 4. Since the site is located in the Mandatory PUD area, any changes to the site requires the approval of an Amendment to the PUD. In July of 1992, the applicant received approval of an amendment to the PUD in order to delete an area within the trees that had been designated for outdoor storage of equipment that was up to 15 feet in height. The amendment designated an area southwest of the building for outdoor storage with a 15 foot height limit. A 6 foot height limit had originally been approved for this area. The 2 amendment was approved subject to the following conditions: 1) Approval of the outdoor storage area within the existing trees on the north side of the lot as shown on the original development plan approved on May 19, 1992, is hereby withdrawn, as per the amendment to the development plan for the Planned Unit Development submitted by the applicant. 2) Outdoor storage up to 15 feet in height will be permitted within the area designated on the amended development plan for the Planned Unit Development. 3) Only equipment owned by High Five Erectors shall be allowed to be stored in the outdoor storage area. 5. With this application, the applicant is requesting the amendment in order to construct a 4,800 square foot masonry building to be used to store and service their construction equipment. Attached as Exhibit B is a copy of the Development Plan for the Amendment to the PUD which was approved on July 21, 1992, and a copy of the proposed amendment to the PUD overlaid on this amended development Plan. 6. A letter from the applicant which describes the proposal has been attached to this report as Exhibit C. The proposed structure will be used for the service and storage of their construction equipment. The exterior of the proposed structure will complement the appearance of the existing structure. The applicants are proposing to start construction this spring, pending approval of the amendment by the City Council. The proposed location of the structure is provided on Exhibit D. 7. Access to the site is from County Road 83. The existing access drive crosses Lot 2, Block 1, Behringer 1st Addition, before it enters the site at the south property line. The County Engineer will permit only one access from County Road 83. During the approval process for the original PUD, the applicant submitted a copy of an easement agreement signed by the owners of Lot 2, Block 1, Behringer 1st Addition which allows the applicant's use of the existing access drive. 8. The Building Official has commented that the applicant will be required to provide structural and mechanical designs by licensed design professionals. He has also commented that the applicant should be required to repair the erosion damage and establish the turf in the area of the east property line prior to the approval of the Building Permit for the proposed structure. A condition has been recommended requiring compliance with this recommendation. 9. Shakopee Public Utilities has commented that the proposed structure's load may dictate the need to enlarge the transformer size, and that feeding the new building from the existing structure with a secondary line will avoid the need for additional easements. 10. After the April 7, 1994, meeting of the Planning Commission, staff received comments regarding the proposal from the Lower Minnesota River Watershed District. They 3 commented that there should be no increase in stormwater runoff from the site, and that if necessary, the developer should obtain additional drainage easements to hold the increased stormwater. City staff has reviewed and approved the Stormwater Management Plan for the site to ensure that this would not occur. 11. Behringer 1st Addition was platted in 1987. The park dedication requirement of $9,125.00 was split between the two lots within the plat, and the payments were deferred until the issuance of the building permit for each of the lots. The park dedication fee of $4,562.50 was paid prior to the release of the building permit for the remodeling of the structure. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of Amendment No. 2 to the Planned Unit Development for High Five Erectors, Inc., subject to the following conditions: 1. Approval of Amendment No. 2 to the original Development Plan is hereby approved. This Amendment allows the construction of a 4,800 square foot masonry building to be used to store and service High Five Erectors' construction equipment. 2. The construction and location of the proposed 4,800 square foot storage structure shall be in conformance with the development plans submitted by the applicant with the request for Amendment No. 2. 3. The applicant shall be required to repair the erosion damage and establish the turf in the area of the east property line prior to the approval of the Building Permit for the proposed structure approved with Amendment No. 2. 4. Approval of the outdoor storage area within the existing trees on the north side of the lot as shown on the original development plan approved on May 19, 1992, is hereby withdrawn, as per the amendment to the development plan for the Planned Unit Development approved on July 21, 1992. 5. Outdoor storage up to 15 feet in height will be permitted within the area designated on the amended development plan for the Planned Unit Development which was approved on July 21, 1992. 6. Only equipment owned by High Five Erectors shall be allowed to be stored in the outdoor storage areas. 4 ACTION REQUESTED: Offer Resolution No. 3988, A Resolution Approving Amendment No. 2 to the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development, and move its adoption. {CITYCOUNTUDAMHI5.419} 5 RESOLUTION NO. 3988 (AMENDMENT NO. 2) A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 3592, A RESOLUTION APPROVING THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE HIGH FIVE ERECTORS, INC. PLANNED UNIT DEVELOPMENT WHEREAS, the City Council of the City of Shakopee did approve the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development on May 19, 1992; and WHEREAS, the City Council of the City of Shakopee did approve Amendment No. 1 to the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development on July 21, 1992; and WHEREAS, the Planning Commission of the City of Shakopee did review the proposed Amendment No. 2 to the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development to construct a 4,800 square foot masonry building to be used to store and service their construction equipment on April 7, 1994, and has recommended the approval of Amendment No. 2; 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 Amendment No. 2 to the Preliminary and Final Development Plans for the High Five Erectors, Inc. Planned Unit Development, described as: Lot 1, Block 1, Behringer's First Addition is hereby APPROVED, subject to the following conditions: 1. Approval of Amendment No. 2 to the original Development Plan is hereby approved. This Amendment allows the construction of a 4,800 square foot masonry building to be used to store and service High Five Erectors' construction equipment. 2. The construction and location of the proposed 4,800 square foot storage structure shall be in conformance with the development plans submitted by the applicant with the request for Amendment No. 2. 3. The applicant shall be required to repair the erosion damage and establish the turf in the area of the east property line prior to the approval of the Building Permit for the proposed structure approved with Amendment No. 2. 4. Approval of the outdoor storage area within the existing trees on the north side of the lot as shown on the original development plan approved on May 19, 1992, is hereby withdrawn, as per the amendment to the development plan for the Planned Unit Development approved on July 21, 1992. 5. Outdoor storage up to 15 feet in height will be permitted within the area designated on the amended development plan for the Planned Unit Development which was approved on July 21, 1992. 6. Only equipment owned by High Five Erectors shall be allowed to be stored in the outdoor storage areas. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney EXHIBIT A _,,,f__.:, •:::'. . i- -.,•--, •x j � AVL , \��' • .. T I _ r _, ii _, - .---„,-- -....:%:4,.,*, I[ J LAJ t 1.c- ---- SUBJECT SITE > :: :;:;;:`:<: 'a e: y r i ii tiki:k4Lkellt:' li/- 6_ ,....,,, In- t 1 : Pin . .4e*isktit'1/4tt?4.,,, - -) , 1004x Men .. WV!: \ --- •V`' I; . .G AGRICULTURE I; ti, ,7 R1 RURAL RESIDENTIAL ii R2 URBAN RESIDENTIAL -. l:\i.XDES,AL R3 MID-DENSITY RES. R4 MULTI FAMILY RES. \% AG �, ��. meq, • - B1 HIGHWAY BUSINESS B2 COMMUNITY BUSINESS B3 CENTRAL BUSINESS ``-\ I1 LIGHT INDUSTRIAL 12 HEAVY INDUSTRIAL S SHORELAND _ ri FLOODPLAIN DISTRICT -.-- MANDATORY PUD RTD RACETRACK DISTRICT AG Zoning Map City of SHAKOPEE EXHIBIT B \\! I X S„Ss .zi ____ : .., : Figure 1. .:- ,\, \\• ,,. iikroih ,,`‘ I_v%... Stora•- Op to 1 • -sigh 1 t•'{ rr .. -- ..AfLT.rasT.. r r ; • .— L I. • .. r. .... — ____ r!•_•_t t•uw�� —��a..i.ra..Warn s......• .«..r• •� _ •ti �� • \ I :. I \\ f Figure 2. N ....: / '`�1►�wA`�• =p--• C ' - lid. t : . ,,NOOIIIIIIIIMIIW. 11111116 jtV inIME1 F...'7`;.. !.-Jr a .. \ _it• t. • • . i 1 �'` Stxa UC t0 1 height V':. � .• - 1 .?.\ _x_.t.' ...'''''."...... ...., c . ..1- 1:aii-7--./..... 11 4'4. l'T • • -- - . -..:a- -i-to-,4-�:-. .�....,. - Figure 1. Development Plan for Amendment to PUD approved on July 21, 1992. Figure 2. Proposed Amendment to PUD overlaid on the Development Plan for Amendment to PUD approved on July 21, 1992. 4) EXHIBIT C SII!'' E R 5i-. R ECTO S -• •� 700 Canterbury Road•P.O.Box 477•Shakopee.MN 55379-9952•(612)496-4000•FAX(612)496-1650 February 24, 1994 City of Shakopee 129 South Holmes Street Shakopee, MN 55379 RE: Approval of Amendment to: High Five Erectors, Inc. Planned Unit Development (PUD) It is the intent of this cover letter to provide all required Submission Data as outlined in the "Application Packet, Item 5: Cover Letter" , as provided by the City of Shakopee and dated 12/11 /92. Character of Proposed "PUD" : Scope: New 4, 800 s.f. masonry building. Type: This proposed building is to be used for the service and storage of equipment. Site: An office/shop building exists on this property, as located at 700 Canterbury Road, Shakopee, MN, as constructed in 1992 . The proposed new building is not attached to the existing facility, but will compliment its overall design and appearance. Impact: The construction of this new building involves only private land, and public impact is therefore minimal . All other considerations relating to environmental impact . drainage improvements, etc. have been addressed as per this submission packet. Project Owners/Developers: Project Architect: High Five Erectors , Inc. Design 1 700 County Road No. 83 4010 W. 65th St. (a.k.a. Canterbury Road) Edina, MN 55435 Shakopee, MN 55379 ( 612) 496-4000 ( 612) 925-5529 ( 612) 496-1650 FAX ( 612) 920-6440 FAX Development Phasing: None. This project is to be started and completed with no scheduled pauses . After completion of this project, no further construction is scheduled or anticipated for this property. Development Timing: Proposed construction start: Spring 1994 (With Council O.K. ) Approx. construction finish: Summer 1994 "A Woman Business Enterprise and Equal Opportunity Employer" Shakopee 02/2ft 94 Page Two of Two This cover letter is accompanied by all required Sumission Data as follows: 1 . Cover Letter. 2. Application. 3. Fee (HFE Check #4432 for $300. 00) 4. Cash Deposit (HFE Check #4433 for $1 ,000.00) 5. Database Worksheet. 6 . Park Dedication Worksheet. 7. Wetlands Permit Application. 8. Permits Required Worksheet. 9 . Abstractor' s List. 10. Preliminary Plans: a) 15 sets of 24" X 36" Blueline Drawings. b) 1 set reduced to 11 " X 17" . 11 . Preliminary Utility Plan. 12. Property Survey. 13. Existing Improvements Plan. 14. Existing Natural Conditions Plan. 15. Preliminary Stormwater Management Control Plan. - 16 . Preliminary Landscape Plan. 17. Preliminary Phasing Plan. 18 . Watershed District Plan. Any errors or omissions should immediately be brought to the attention of High Five Erectors (Owner) and/or Design 1 (Project Architect) . Very truly yours, HIGH FIVE ERECTORS, INC. a. _ Kim A. Stock President • < w 9 •tta 3 0 � au0 47. o �� r r 1 ',i r• h C, L il iii-tt •7C'3,4‘ 111tr i I w WI Z i 4t. 6 R; { " F. o 1 > '-:I J P� !I I •r ok L_:_f•- ;i .`:M0 :C • i I -� ! -s�.=r 4.y•=r u. a a o a 9r IIF s • II I , 7�- 1— .e o- ?t h R• - a__©rcr•:.ic•srKc',+►'..:z.l... ,__ • .______________________j ;..t--- . . : .1 ,..- ma--•..--,i•,. 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"»l ail ng ,---,F q //Ili �( , 11 ^� 0 1� v� r 1 2;;•5 - L 161 ' il • • I " 1 PROJECT DESIGN 1 PCM'''De.'AIA �" D < - ; SITE PLAN Proposed NEW FACILITY!ADDITION: HIGH FIVE INC. <1f•W651•ST..EUIR•-IrR 1 C , o,.� ` ERECTORS, 612-•15.651• 11•ew n3-•sro _ 0 ( 0 )j 700 COUNTY ROAD NO.83 11 ' o' T II SHAKOPEE,MN 55379 EUS Nil'33dO)IYHS ( i M CE'ON OYOU A1Nf1O0 OOL � MUSS/tsVON t:ss-stt-tl .'ON1 `SH101031:13 3AI HOIH SNOLLVA313 '1X3 t"E = Q silt NN YNIG7"1S YIttIN Mt • ., j NOLLIOOY I AII1L1VA M3N tl.todad i Yn�wo1r"wwE I NJIS30 1331.011do • c 1SY ,at It 111 l d -- ,_I, IA..!II'iitLLLLini -- 414. J i4 i 1 . , 1l cl�� �. y r'S , . I � T _4._ . , • ,. 8 .. 1 ! i.: cs . •:. tit . . (ii:1,,,,1 • ili Ao `LIl •.i. I1. , I ;, , ii : ;.��I •,at II '.1" . . ,;� ► l H i '.� uh�'!I��t1l;Ir�1 , , i .L, . l j `Till • I • • _ Hill. II._ • �!li 1 pnI- ,..., 11.1[1. =' Elk a I I �� llli�; h y 17%6 i �lllliiiilllmlplllll • • • . co -_..-._ ,_ I g • ki. . . . • • �? a i [, .04 P. ZI irI p;1 A R `• -$r gni .I- • 91 I_ n • a --PII . . . . — . .1— • 1 . •Q • t s t U • i v E ii DESIGN 1 "°°°'., IA A DI " ProDOMO NEW FACILITY/ADDITION: W1511 AT..EDINA.NH SUS E N l' FLOOR PLAN HIGH FIVE ERECTORS, INC: E11.n,.E111E MANN 123.1111100 o,. a 700 COUNTY ROAD NO.B7 N I SHAKOPEE,MN S5379 • - ` V 134 • CONSENT SHAKOPEE FIRE DEPARTMENT Department Memo To: Dennis Kraft, City Administrator Members of the Council From: Frank Ries , Fire Chief Date: April 15 , 1994 Subject: Hiring of Fire Fighters Background: The city council approved an increase in three ( 3 ) fire fighters for the year 1994 . This increased the number of total fire fighters to 41 . During 1993 we also had the retirement of two ( 2 ) fire fighters - Gene Pass and Charlie Ries . This leaves five ( 5 ) openings on our roster. On March 19th and April 2nd the Shakopee Fire Department conducted oral interviews and physical agility tests for eight (8 ) applicants . From this process , the following were the top five candidates in order: Steve Menke Dave Klein Bill Schultz Chris Dagner John Laeger Recommendation: Approve the hiring of Steve Menke, Dave Klein, Bill Schultz , Chris Dagner, and John Laeger to the Shakopee Fire Department. Sincerely,, rank Ries Fire Chief V5 V, CONSENT TO:Dennis Kraft City Admininstrator From: Frank Ries , Fire Chief Date: 04/15/94 Re: Hazardous Material Response Suit Background: The Shakopee Fire Department has had hazardous material Level A totally encapsulated suits since approximately 1985 . Many hours are spent training for hazardous materials situations both as formal Technical College training and as internal department training. Our exposure to these type of emergencies is constantly increasing with increased highway traffic and a greater number of industrial occupants within the city. Hazardous material suits are made of rubber-like synthetic materials which have a finite shelf life . The first suits which were purchased need to be replaced due to age and wear. New NFPA standards are now also in effect which outline suit requirements for responding to hazardous material emergencies . These older suits do not meet these requirements . An amount of $7000 . 00 is in the 1994 budget for the replacement of these older suits . Discussion: Two bids for this equipment were received. One from Danko Fire Equipment, and one from Metro Fire Equipment. The totals for the two bids are listed below. 1 . Danko Fire Equipment Co. $6926 .00 including tax 2 . Metro Fire Equipment $7509 . 00 including tax Alternatives: 1 . Purchase the equipment from Danko Fire Equipment for $6926 .00 2 . Purchase the equipment from Metro Fire Equipment for $7509 .00 3 . Don't purchase the equipment this year. Recommendations : Approve the purchase of hazardous materials response suits from Danko Fire Equipment for $6926 . 00. Sincerely, Frank Ries Fire Chief MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Assessment Policy on County Road Projects DATE: April 14,1994 INTRODUCTION: City Council has directed staff to prepare an assessment policy regarding City cost participation on County projects. BACKGROUND: On April 5, 1994 the City Council directed staff to prepare a policy for utilizing special assessments to fund the City's cost on County projects. The Council directed staff to prepare the policy utilizing the same assessment policies used on City collector streets. Assessment Rates Shown in the attachment is a chart summarizing the various City or County policies regarding funding various improvements. Staff will go through this chart in more detail at the Council meeting. The first column lists the various improvement items. The second column illustrates the amount of each item that the City is required to pay according to their Cost Participation Policy that was adopted in 1986. The next two columns indicate the City's Assessment Policy for both collector and local streets. The last column is the recommended assessments to utilize on County projects. Staff would like City Council concurrence on the recommended assessment percentages. Method of Assessments In regards to the method of assessment (i.e. front foot, zonal, etc.) staff would propose to use the same methods utilized on City streets. The current Assessment Policy allows flexibility for either assessing by the front foot, per lot or an area wide zonal assessment. The policy also allows for corner lot adjustments, credits for service life of improvement, etc. Staff would propose that the methods of assessment outlined in the existing policy could still be applied to any assessments on County projects. The current Assessment Policy does not cover every single situation that may occur. For instance, double fronting lots or subdivisions not fronting on the street being improved (i.e. Muhlenhardt Road). These situations are typically addressed at the specific public hearing for 1 the project by modifying the Assessment Policy for that case. It is sometimes difficult to write a policy that would cover every single situation. In regards to the County State Aid Highway (CSAH) 15, there is a segment between 11th and 12th Avenue that has double fronting lots (onto Quincy Street). Staff has researched the number of double fronting lot situations in Shakopee and there are approximately 20 areas that would contain double fronting lots, totalling about 130 lots. In almost every case, these lots are located on City collector streets, County roads or Mn/DOT roads where direct access to these streets is prohibited and the lots are served by adjacent local streets or cul-de-sacs. A good example of this type of situation is along Vierling Drive, where there are a lot of properties backing up to Vierling Drive that are served by local cul-de-sacs. A double fronting lot is somewhat similar to a corner lot in that two streets abut the lot. The zonal assessment policy that has been used for corner lot adjustments does not work for double fronting lots,because in a double fronted area,the zonal assessment(1/2 block in either direction) would not add any additional lots to the assessment area. The current Special Assessment Policy allows for another corner lot adjustment. Section VII., Subpart B.1, C. on Page 10 indicates that for corner lots, the assessment could be 50% of the normal rate for each street improved. This policy could be expanded to include double fronting lots. Given this staff feels that there are two options for assessments on double fronting lots: 1. Assess 50% for each street. 2. Assess 100% for the local street and 0% for the collector street. Both of these options would not result in penalizing double fronting lots, but rather treat them similarly to corner lots. Attached is Resolution No. 3991, which amends the Special Assessment Policy to address County projects. The policy could be expanded to apply to Mn/DOT projects as well. • ALTERNATIVES: 1. Adopt Resolution No. 3991 as written. 2. Amend Resolution No. 3991 prior to adoption. 3. Deny Resolution No. 3991. 4. Table Resolution No. 3991. 2 RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3991, A Resolution Amending the Special Assessment Policy and move its adoption. 3 RESOLUTION NO. 3991 A Resolution Amending The Special Assessment Policy WHEREAS, on January 19, 1992, the City Council of Shakopee adopted the Special Assessment Policy by Resolution No. 3735; and WHEREAS, the City Council desires to amend the Special Assessment Policy. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: hereby amends the Special Assessment policy as follows: 1. In Section VII, B.1., add a new section, Subpart E as follows: E. Double Fronting Lots. For double fronting lots, the lots will be assessed at 50% of the unit rate for each street improved or 100% of the local street only. 2. Under Section X, Assessment Computations, add a new section, Part I as follows: I. City Cost Participation on County Road Projects Under a Cooperative Construction Agreement. On County Road Projects for which the City is required to participate in the cost of, the following assessment rates will be applied to the abutting properties: Street Construction 0% Curb & Gutter 100% of City's Cost Sidewalk 0% Storm Sewers 0% Utility Relocations (sewer/water) 0% Driveway Entrances 100% of City's Cost Street Lighting 0% Bikeways/Trails 0% 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 N N .. n D3 Z N j Cl) 0 CD (D O X O O (D CD CD CD rn C 00 * rm� SD CD 0 �' a cn a N m C > 0 �, Fr; m 0 (� 17 o o n t M D 1 J 0 C H Z n C Z > O H O ZZ Q � � � oz a � � Z "'t .o o - o zCD R- -°. -.67 n n n 0 0 0 o U' 0 = - cn o 1 cp 0 ( O m 0 0 0 � � a �, ao � � 1c� C7C 2 * � ' o c a. 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Z O 000 rTi 0 0 0 y n K c,)a 0 0 � Ocm" m cn 2 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Downtown Alleys DATE: April 14, 1994 INTRODUCTION: City Council action is being requested on the bid opening for the Downtown Alley Project. BACKGROUND: On April 12, 1994 bids were received and publicly opened for the Downtown Alley Project. The bid package consisted of four projects as follows: • Underground all overhead electric lines in the Central Business District (CBD) • Reconstructing five paved alleys in the CBD • Paving the new City parking lot (Pelham site) including streetscape items • Reconstructing Alley in Block 48. Only one bid was received, from Killmar Electric for a total bid of $917,319.82. The bid breakdown is as follows: Electrical Undergrounding $791,644.00 Alley Paving $ 54,213.85 Parking Lot $ 55,760.31 Block 48 $ 15,701.66 A total of thirteen contractors took out plans and it is unclear why only one bid was received. Shakopee Public Utilities Commissions's (SPUC) electrical consultant, HDR, will be contacting all planholders to determine reasons for the low bid response. The bids are substantially higher than estimated, especially the electrical portion. Staff would like to address each portion of the bids. Electrical Undergrounding The original estimate for undergrounding was approximately $272,000.00, but this estimate was done for feasibility purposes and was done before any design was completed. 1 During the design process, the Scope of Work needed by SPUC was increased. Specifically, an overhead line portion was added to the project, as well as additional ductbank sizing. The overhead line portion of the bid was $193,500.00. There is also a bid item for retiring the existing overhead lines of$52,100.00, which was not in the original estimate. The ductwork bid was $371,570.00 as compared to $109,000.00 in the estimate. Mr. Pete Malamen of HDR Engineering will be reviewing the bid in-depth and providing the City Council with a report at the April 19th Council meeting, but generally it appears most bid items were higher than anticipated. All of the higher bid items were on the non-assessed portions. Based on the cost participation agreement with SPUC on this project, the costs for each entity from this bid as compacted to the original estimate is as follows: Bid Original Feasibility SPUC $331,929.00 $103,000.00 City $411,840.00 $109,000.00 Assessed $ 47,875.00 $ 60,000.00 Total $791,644.00 $272,000.00 As indicated, the assessed portion went down. The increased costs will be funded by SPUC/City. In addition to the assessed costs, each property owner will have other direct costs associated with connecting their buildings to the new system, some of which are fairly substantial for certain businesses. Alley Paving The original estimate in the feasibility report was $8,000.00 per block or $40,000.00 total. The bid of$54,000.00 includes$40,000.00 for the alleys directly but another$14,000.00 for pavement restoration off the alleys for underground service lines going to buildings. The $14,000.00 for the service line restoration can be included in the electrical service line assessed costs and really is not part of the alley reconstructions. Therefore, this portion of the bid is reasonable. 2 City Parking Lot (Pelham Lot) The bid for this item was $55,760.31. There was never a feasibility report done on this project, as the City Council directed staff to design it directly since there are not any assessments on this lot. During the design, staff utilized the same streetscape elements that are in the existing parking lot at 2nd and Lewis and in fact actually expanded this parking lot to the vacant Pelham Lot and created a large parking lot as opposed to two separate parking lots. The design includes a center island, nodes at the entrances, brick paver edging and six trees. Of the total bid, $26,200.00 was for brick pavers ($10.48/Sq. Ft. with 2500 Sq. Ft.) and $1,890.00 for the trees. The remaining cost of$27,670.00 is for the actual pavement and curb and gutter for the parking lot expansion. The brick paver bid item is substantially higher than what was paid for doing brick pavers downtown, although the quantity is a lot smaller (22,000 S.F. vs. 2,000 S.F.). Alley in Block 48 The original estimate was $10,200.00. The bid was $15,701.00. The main difference in the bid versus the feasibility report is that the storm sewer costs were $5,000.00 higher. The alley will be assessed, but the storm sewer will not. Therefore, the higher bid prices will not drastically affect the assessments. ALTERNATIVES: Based on the high bid prices and lack of bidders, the City Council has the following options: 1. Reject the bid and rebid the project. This will result in about a 3-month delay to the project and would probably jeopardize completion in 1994. Rebidding it will not guarantee more bidders or a substantial reduction in prices. If a contract is not awarded by April 20, 1994, the City Council must also hold another public hearing on it if any portion of the project will be assessed. 2. Award the Bid. Since the higher prices do not really affect the assessments, the Council could award the bid knowing that the higher bid will impact City and SPUC finances. 3 SPUC will be reviewing their finances and ability to fund this project prior to the Council meeting. The City's portion will be funded by TIF and City staff will be prepared to discuss the impacts of this bid on TIF fund balances, future project, etc. 3. Determine that the electrical undergrounding is simply too expensive and reject the bid. The alleys and parking lot could then be rebid in conjunction with another larger paving project. The Council needs to decide whether or not the aesthetic benefit is worth the cost. ACTION REQUESTED: Discuss the bid and direct staff to take the appropriate action. DEH/pmp BID 4 RESOLUTION NO. 3998 A Resolution Accepting Bids On The Downtown Alleys, Blocks 21, 22, 23, 24, 25, 29, 30, 31; Alley In Block 48; And City Parking Lot In Block 23 (Old Pelham Lot) Project No.'s 1993-9 And 1994-1 'WHEREAS,pursuant to an advertisement for bids for the Downtown Alleys, Blocks 21, 22, 23, 24, 25, 29, 30, 31; Alley in Block 48; and City Parking Lot in Block 23 (Old Pelham Lot). bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Killmer Electric Co. $917,319.82 AND WHEREAS, it appears that Killmer Electric Co., 9702 85th Avenue N., Maple Grove, MN 55369 is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Killmer Electric Co. in the name of the City of Shakopee for the Downtown Alleys, Blocks 21, 22, 23, 24, 25, 29, 30, 31; Alley in Block 48; and City Parking Lot in Block 23 (Old Pelham Lot) Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney - - tA=AT-=.i-ddH April 18 , 19941.10:4( Mr. Louis Van Hout Shakopee Public Utilities 1030 East Fourth Avenue Shakopee, MN 55379 Ra: Alley Conversion Work HDR Project 03650-14-164 Dear Lou: The following is an engineer's estimate of the electrical work on the Alley Conversion Project. The estimate is based on contracted work HDR has been the engineer on within the last 3 years. Section Description Estimate 1 Overhead Line Work $90,000 (Blks 20, 21, 26 , 27 , 28) 2 Overhead Line Removal $45, 000 (for entire project) 3 Duct Bank, Manholes, Ground Sleeves & Pads 2000' , 8-4" , $100/ft $200, 000 Manholes, Ground Sleeves & Pads $ 50, 000 4 Site Lighting $25, 000 (Based on letter of John DeLacey dated Feb. 9, 1994) 5 Underground Equipment Install Transformers and Elbows $15, 000 Transition Cabinets $25, 000 6 Utility Cable and Conduit 1/0 Al, URD, 11, 000 ' $30, 000 4/0 Al, URD, 8, 000' $28, 000 Other misc. trenching and wiring $10, 000 7 Service work to buildings $56, 000 7 Blks, $8 , 000/Blk 8 Rock Removal and Barriers Rock-50 yd $15, 000 Barriers, 40 $13 ,000 Total $602 , 000 HDR Engineering, Ino. 300 Pvicda1e 1 BIGfl. Telephone 5401 Gamble Drive 612 591-5400 Minneapolis, MN • 55416-1515 £O/E0'd 3NI 'DNILi3SNIDNS 2iOH £IVST6SZT9 bT :CT V661-6I-VO _7:0T of I-6 -dd In reviewing the scope changes of the project two major ones were identified. First the overhead line work outside the project area was added and second the basic design of the secondary system was changed. Originally there was one transformer par block and secondary pedestals. The final design had all the secondaries coming to a transition cabinet by the transformer in a large duct bank. Additional duct bank was installed also by Pablo's. The estimated cost of this additional work is: Overhead Line Work $ 90, 000 Added duct bank and manholes $140, 000 Total $230, 000 In talking with Killmer, I am confident we could take out about $50, 000 out of their bid due to misunderstanding or duplication of bid items . Even with that reduction, they would be about $140, 000 over my estimate. With only one bid it is hard to determine what is a true cost. They appear to need the work, would do a good job and are familiar with working in Shakopee. At this time, the only recommendation I can make is to rebid the project if possible. We can clarify the drawings and specifications to eliminate some confusion. This will put Killmer at a disadvantage because everyone will know their original bid, but I do not think there is any thing else which can be done. If you have any questions please let me know. Sincerely, HDR Engineering, Inc. 1/ 14-)17 Pete Malamen, P.E. Project Manager cc: Mr. Dave Hutton, City of Shakopee £O/£0'd JNI 'DNItl33NIDN3 dOH £TVSt6SET9 VT:Ot 1766T-6T-17O CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director .4 SUBJECT: MWCC Easement ' DATE: April 13, 1994 INTRODUCTION: Staff is requesting City Council direction in regards to an easement request by the Metro Waste Control Commission for the Chaska-Shakopee Interceptor. BACKGROUND: Attached is a request from the MWCC for a temporary construction easement on property owned by the City of Shakopee in the Killarney Hills Subdivision. The construction easement is needed for the new MWCC Interceptor along the Shakopee Bypass. The requested easement is temporary in nature and expires on December 31, 1996. The City Attorney has reviewed this document and finds it acceptable. The MWCC is asking whether or not the City will require payment for this temporary easement and if so, they will order an appraisal done. Staff is requesting City Council direction on the MWCC request. RECOMMENDATION: Typically, temporary construction easements do not have a large value. It is based on the value of the property prorated for the number of years it is occupied. Short term easements are typically 10 - 20% of the market value of the land. The easement acquisition costs will also be included in the overall project costs, of which the City will be paying for a portion of, based on the recent cost participation agreement. Also,there is the concept that any easements acquired by government agencies are ultimately paid for by taxpayers or rate payers, so there may be some general public benefits to not charging other governmental agencies for easements. Based on the above discussion staff is recommending executing the easement and submitting it to the MWCC without compensation. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached temporary construction easement with the Metro Waste Control Commission for property owned by the City of Shakopee within the Killarney Hills Subdivision for purpose of constructing the Chaska-Shakopee Interceptor. DEH/pmp MWCC ZE5Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 March 10, 1994 Ms. Karen Marty City Attorney City of Shakopee 129 Holmes Street Shakopee, MN 55379 RE: Shakopee Interceptor MWCC Project Number 920601 MWCC Parcel Number 13 Dear Ms. Marty: The Metropolitan Waste Control Commission (MWCC) is planning to construct a sanitary sewer interceptor in early 1995 to late 1996 in the City of Shakopee. The majority of the interceptor construction will be within the newly acquired Minnesota Department of Transportation Right-of-Way. However, it will be necessary for the MWCC to acquire some permanent and temporary easements. The MWCC is currently in the process of acquiring all easements and permits for this project. Enclosed is a sketch showing the proposed temporary easement on property owned by the City of Shakopee and described as Outlot E, Killarney Hills, Scott County. Enclosed for your review and consideration by the City of Shakopee is a draft Temporary Easement Document. If the City requires that an appraisal be prepared and an offer be made to the City for this easement, please let me know as soon as possible. Thank you for your assistance with this project and if you have any questions or concerns, please contact me at 229-2147 . Sinterely, � 6,4(14&_ g - Real Estat Specialist cc: A. Dye, MWCC J. Roth, MWCC J. K. Matross, MWCC Enclosures CLJ: Equal Opportunity/ANlrmative Action Employer J C a SOUTHERLY R/W UNE MN/DOT PLAT NO. 70-19 • T.H;' 101 f. ' i. OUTLOT E 200.43' 11$:03' 48.43'_ _ ' 20.73'- -7_1._ _ i �I \-------- 50' 348.07' il TEMPORARY I_.------ / EASEMENT /� _ ___ - OUTLOT E - --\t - J I -- A�EM,ENT y.S.P. E I 1 POINT OF BEGINNING N x,, I4i:? , i___ B__L_' 4 � 17116 1 f 200 0 200 ! r� I SANDSTONE MONUMENT 100 AT SECTION CORNER Yo ,$4 "nisei PARCEL NO. 13) Parcel No. 13 Abstract EASEMENT THIS INSTRUMENT, made this day of , 19 , by and between the City of Shakopee, A Minnesota Municipal Corporation, of the County of Scott, State of Minnesota, Grantor, and the Metropolitan Waste Control Commission, a duly constituted Metropolitan Agency organized pursuant to Minnesota Laws 1975, Chapter 13 , Minnesota Statutes §473 . 503 , Grantee; WITNESSETH, that Grantor, in consideration of One Dollar and other good and valuable consideration to it in hand paid by Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to Grantee, its successors and assigns, the following described easement for sanitary sewer and utility purposes: A variable width temporary easement for construction purposes over, under and across the following described property: Outlot E, Killarney Hills, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Scott County, Minnesota. Said temporary easement described as follows: Beginning at the intersection of the West line of said Outlot E and the Southerly right-of-way line of Minnesota Department of Transportation Right-of-Way Plat No. 70-19; thence North 45 degrees 35 minutes 08 seconds East along the Southerly line of said Plat No. 70-19 a distance of 48 . 43 feet; thence North 82 degrees 57 minutes 11 seconds East -1- along the Southerly line of said Plat No. 70-19 a distance of 200 . 43 feet; thence South 71 degrees 59 minutes 03 seconds East along the Southerly line of said Plat No. 70-19 a distance of 118 . 03 feet; thence South 82 degrees 57 minutes 11 seconds West a distance of 348 . 07 feet to the West line of said Outlot E; thence North 00 degrees 52 minutes 40 seconds West along the said West line a distance of 20. 73 feet to the point of beginning. Said temporary easement contains 14 , 040 square feet, more or less. Said temporary easement to expire on or before December 31, 1996. The above described easement includes the rights of Grantee, its contractors, agents and employees to do whatever is necessary for enjoyment of the rights granted herein including the right to enter the easement for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removing said sewers and utilities. Grantor, its heirs, successors and assigns, will not erect, construct, or create any building, improvement, obstruction or structure of any kind, either above or below the surface, or stockpile soils, construction debris, or construction equipment, or change the grade thereof, without the express written permission of the Grantee. Notwithstanding the aforementioned provision, the following improvements by Grantor, its heirs, successors, and assigns do not require Grantee' s written approval: fences, parking lots, street -2- and/or roadways, landscaping, bushes, shrubs. However, Grantor hereby agrees that Grantee will not be responsible for and will not pay for the loss of or any damage to, or replace or restore the following items within the easement area: trees, shrubs, bushes or other plantings, other than grass or sod, fences. Grantor covenants that it is the Owner and is in possession of the above described premises and has lawful right and authority to convey and grant the easement described herein. IN WITNESS WHEREOF, the said Grantor has caused this Easement to be executed as of the date noted above. By Gary Laurent Its Mayor BY tt-rti4 /e7 Dennis Kraft Its City Administrator By Judith Cox Its City Clerk STATE OF } } ss COUNTY OF } On the day of , 19 , before me a notary public w thin and for said County, personally appeared Gary Laurent, Mayor; Dennis Kraft, City Administrator; and Judith Cox, City Clerk; respectively, named in the foregoing instrument, and that said instrument was signed on behalf of said City of Shakopee, A Minnesota Municipal Corporation, by authority of its City Council and said City Council acknowledged said instrument to be the free act and deed of said City of Shakopee. Notary Public -3- DRAFTED BY: Jeanne K. Matross, Attorney License No. 68615 Metropolitan Waste Control Commission 230 East Fifth Street, Mears Park Centre St. Paul, Minnesota 55101 (612) 229-2108 -4- CONSENT l3 MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Release of Temporary Easement DATE: April 13 , 1994 INTRODUCTION: The City has received a request to release a temporary easement. BACKGROUND: The City acquired permanent and temporary easements in the early 1980's for the construction of the 1981 VIP Sewer Interceptor. The easements were acquired through condemnation proceedings. Some of the easements obtained were temporary and no expiration date was identified. The City has received a request to release the temporary easement across property owned by CertainTeed Products Corporation. The City Engineer has determined that the temporary easement is no longer needed. ALTERNATIVES: 1] Release temporary easement 2] Do not release temporary easement RECOMMENDATION: Staff recommends alternative No. 1, to release the temporary easement. RECOMMENDED ACTION: Authorize the appropriate City officials to execute the appropriate documents to release the temporary easement filed with the County Registrar of Title on 12-28-81 as part of document #23621 for parcel #27-905-5210-016-00. 13h CONSENT Attached is a print out showing the division budget status for 1994 based on data entered as of 4/13 /94 . The HRA Fund is experiencing costs that will probably exceed the budget as it currently stands. Costs are related to the Stans House project and TIF studies. Included in the attached bill list is a check for $5, 000 for the Scott County Transportatin Coalition. Included in the attached bill list is $1, 020 . 75 for delinquent and current storm drainage bills for Murphy's Landing. 4/13/94 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 0 0 11 MAYOR 8 COUNCIL 69,140 5,140 14,577 21 1Z CITY ADMINISTRATOR 185,140 6,025 48,555 26 13 CITY CLERK 116,490 4,016 27,419 24 15 FINANCE 278,020 8,334 54,159 19 16 LEGAL COUNSEL 151,000 5,182 35,967 24 17 PLANNING 405,840 11,201 76,982 19 18 GENERAL GOVERNMENT BUILDINGS 114,460 4,939 30,820 27 31 POLICE 1,332,050 63,318 382,058 29 32 FIRE 865,310 21,584 49,944 6 33 INSPECTION-BLDG-PLMBG-HTG 183,350 5,160 38,342 21 41 ENGINEERING 346,590 19,883 86,626 25 42 STREET MAINTENANCE 582,720 12,043 117,657 20 44 SHOP 103,120 6,175 30,606 30 46 PARK MAINTENANCE 289,940 11,841 65,156 22 48 REFUSE COLLECTION 513,550 39,457 118,346 23 61 POOL 150,300 -62 8,074 5 64 RECREATION 200,010 5,275 46,145 23 91 UNALLOCATED 177,000 -2,144 20,235 11 TOTAL GENERAL FUND 6,064,030 227,367 1,251,668 21 17 PLANNING 360,860 17,431 81,525 23 TOTAL TRANSIT 360,860 17,431 81,525 23 12 CITY ADMINISTRATOR 64,870 4,195 34,303 53 TOTAL HRA 64,870 4,195 34,303 53 00 N/A 689,000 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 689,000 0 0 0 • .a a a a a s a s a a a Or a = = H . 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CONSENT "5 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Probation Termination DATE: April 13, 1994 INTRODUCTION: Mike Huber, Engineering Technician has successfully completed his probationary period for new employees and staff is requesting that he be appointed full time. BACKGROUND: Mike Huber was hired on April 26, 1993 subject to a twelve month probationary period. A performance evaluation has been completed and it is recommended that the probationary status be terminated and full time status appointed. ALTERNATIVES: 1. Terminate probation. 2. Continue probation. 3. Terminate employment. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to terminate the probationary status of Mike Huber and appoint him to the full time permanent position of Engineering Technician II effective April 26, 1994. DEH/pmp HUBER /444q. EXPLANATION TO ORDINANCE 376 ORIGINATING DEPARTMENT: Law Department PURPOSE: To adopt a new Section to City Code Chapter 6, regulating pawnbrokers, precious metal dealers, and secondhand dealers. REMARKS : In the past two years Shakopee has grown from having one pawnshop to having at least three, plus other dealers in used goods. Such businesses provide opportunities for criminals to relieve themselves of stolen goods, and in fact, various stolen property has been recovered from these businesses. The City Council has requested the preparation of an ordinance regulating these businesses . The Police Department strongly supports regulation of these businesses as well . The attached ordinance is based on Bloomington' s, which is the model being used throughout the metro area. They have had extensive experience in regulating pawnshops, and have repeatedly fine-tuned their ordinance to better address problems. The City Attorney and Detectives Lawrence and Forberg met with owners of some of the pawnshops on April 8, 1994, to discuss the provisions of this ordinance. Changes were made in the draft to accommodate their requests. They specifically asked to have the hours of operation (Subd. 6 .A) changed to allow the businesses to remain open until 2 : 00 a.m. Staff reluctantly agreed to revise the ordinance to allow them to remain open until midnight; staff had drafted the ordinance to limit their hours to 10 : 00 p.m. Changes also were requested to Subd. 9 .B, to require the owner of stolen property to pay the pawnbroker in order to receive back his or her property; staff declined to make this change. They also asked that Subd. 9 .0 be revised to allow commonly stolen items sold to them to be resold within 14 days. Since the point of the holding period is to allow the police to determine which items are stolen, staff did not make this change. They also asked that a holding period prohibiting a pledger from redeeming pawned goods be deleted, and staff did make this change. The effective date set out in Section 4 of the ordinance gives all existing businesses 30 days to come into compliance. ALTERNATIVES : 1 . Adopt the ordinance as drafted. 2 . Modify the ordinance and adopt it as amended. 3 . Table for additional information from staff. 4 . Do not regulate pawnshops, precious metal dealers, and secondhand dealers. ACTION REQUESTED: Offer Ordinance No. 376 , an ordinance amending City Code Chapter 6, Other Business Regulation and Licensing, by Adopting a New Section 6 .28, Pawnbrokers, Precious Metal Dealers, and Secondhand Dealers, and move its adoption. Submitted by: Z4s2-7297 City Attorney [3PAWN4] -2- ORDINANCE NO. 376 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 6 , OTHER BUSINESS REGULATION AND LICENSING, BY ADOPTING A NEW SECTION 6 . 28 , PAWNBROKERS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 6, Other Business Regulation and Licensing, is hereby amended by adopting a new Section 6 . 28 , Pawnbrokers, Precious Metal Dealers, and Secondhand Dealers, which shall read as follows : SEC. 6 .28 . PAWNBROKERS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS. Subd. 1. Purpose. The City Council finds that pawnbrokers, precious metal dealers, and secondhand dealers can provide an opportunity for the commission and concealment of crimes, because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers, precious metal dealers, and secondhand dealers . The purpose of this Section therefore is to prevent pawnbroking, precious metal, and secondhand businesses from being used as facilities for commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the City. Subd. 2 . Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. "Item Containing Precious Metal" means an item made in whole or in part of metal and containing more than one percent by weight of silver, gold, or platinum. B. "Pawnbroker" means a person who loans money on deposit or pledge of personal property; who deals in the purchasing of personal property on condition of selling that same thing back again at a stipulated price; or who loans money secured by chattel mortgage or personal property, taking possession of the property or any part thereof. No bank, savings and loan association, or credit union shall be deemed a pawnbroker for purposes of this Section. C. "Pawnshop" means any business establishment operated by a pawnbroker. D. "Precious Metal Dealer" means any person engaging in the business of buying coins or secondhand items containing precious metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects, as specified in Minn. Stat . Sec . 325F. 731 . Persons conducting the following transactions shall not be deemed to be Precious Metal Dealers : 1. Transactions at occasional garage sales, rummage sales, estate sales, or farm auctions, except that precious metal dealers must comply with the requirements of Minnesota Statutes, Sections 325F.734 to 325F. 742, for these transactions . 2 . Transactions regulated by Minnesota Statutes, Section 80A. 3 . Transactions regulated by the Federal Commodity Futures Commission Act . 4. Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps, or dust from an industrial manufacturer, dental lab, dentist, or agent thereof. 5. Transactions involving the purchase of photographic film, such as lithographic and X-ray film, or silver residue or flake recovered in lithographic and X-ray film processing. 6. Transactions involving coins, bullion, or ingots. 7 . Transactions in which the secondhand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item exceeds the value of the secondhand item, except that a person who is a precious metal dealer by engaging in a transaction which is not exempted by this section must comply with the requirements of Minnesota Statutes, Sections 325F.734 to 325F.742 . 8. Transactions between precious metal dealers if both dealers are licensed under Minnesota Statutes, Section 325F.733, or if the seller' s business is located outside of the state and the item is shipped from outside the state to a dealer licensed under Minnesota Statutes, Section 325F.733 . 2 9 . Transactions in which the buyer of the secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques, and the items are resold in an unaltered condition except for repair, and the items are resold at retail, and the buyer paid less than $2, 500 for secondhand items containing precious metals purchased within any period of twelve (12) consecutive months . " E. "Precious Metals" means silver, gold, and platinum. F. "Secondhand Dealer" means a person engaged in the business of buying previously used, rented, owned, or leased goods of any kind, including but not limited to coins, gold, silver, jewelry, metals, guns, and wrecked or dismantled motor vehicles or motor vehicles intended - to be wrecked or dismantled. Persons conducting the following transactions shall not be deemed to be Secondhand Dealers : 1. Transactions where all the following are present : a. The sale is held on property occupied as a dwelling by the seller, or owned, rented, or leased by a charitable organization; b. The items offered for sale are owned by the occupant; c. No sale exceeds a period of 72 consecutive hours; d. No more than four sales are held in any 12- month period; and e. None of the items offered for sale was purchased for resale or received on consignment for the purpose of resale. 2 . Sales of goods at an auction held by an auctioneer. 3 . Transactions involving goods taken as partial or full payment for new goods, where such business is incidental to and not the primary business of the person. 4. Transactions by a business specializing in the sale of antiques and other goods more than 20 years old, where any other transactions are incidental to the antique business. 3 5 . Bulk sales of property from a merchant , pafubusiness, orwholesaler goodshaving atnopenestablished from placelaceof o bankrupt stock. 6 . Sale of goods at an exhibition, providing the exhibition does not last longer than ten days in any 12-month period. 7 . Sales of automobiles by a licensed automobile dealer. 8 . Sales made by the sheriff or other public officials in the discharge of their official duties . 9 . Sales made by assignees or receivers appointed by the State or a court to make sales for the benefit _ of creditors . 10 . Sales by a charitable organization of donated items . Subd. 3 . License Required. No person shall operate as a pawnbroker, precious metal dealer, or secondhand dealer, operate a pawnshop, or work in the pawnbroker' s, precious metal dealer' s or secondhand dealer' s business without a license therefor from the City. Subd. 4. Application. All applications for a license shall comply with the requirements of City Code Sec. 6 . 02, and also contain the following information: A. Whether the applicant holds a current pawnbroker, precious metal dealer, or secondhand goods dealer license from any other governmental unit; B. Whether the applicant is licensed under either Minnesota Statutes, Section 471 . 924, or Minnesota Statutes, Sections 325F.731-325F.744; and C. Whether the applicant has previously been denied a pawnbroker, precious metal dealer, or secondhand goods dealer license from any governmental unit. Subd. 5. Licensing Requirements. A. Liquor License. No license shall be issued to an applicant who holds a liquor license under Section 5 .30 of the City Code. 4 B. Gambling. No license shall be issued to an applicant who keeps, possesses, or operates, or permits the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punch-boards, blackjack tables, or pinball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minnesota Statutes, Sections 349 . 11-349 . 60, may be kept or operated, and no raffles may be conducted on the licensed premises and/or adjoining rooms . The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to Minnesota Statutes, Section 349 . 01-349 . 15 . C. Minors. No license shall be issued to an applicant who is a minor at the time the application is filed. D. Delinquent Taxes. No license shall be issued for an operation on any property on which taxes, assessments, or other financial claims of any governmental entity are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statues, Sections 278 . 01-278 . 03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. Subd. 6. Restrictions and Regulations. A. Hours of Operation. Hours of operation shall be limited to between 7 :00 a.m. and 12 :00 midnight . B. Inspection. The licensee shall, at all times, allow the Police Department to enter any portion of the building or property where the licensee' s business is located or where goods are stored, for the purpose of inspecting building or property, for inspecting the items therein for the purpose of locating items suspected or alleged to have been stolen or otherwise improperly disposed of, and for the purpose of checking for violations of this Section. C. Minors. No licensee shall purchase or receive personal property of any nature on deposit or pledge from any minor. D. Incompetents. No licensee shall purchase or receive personal property of any kind from a person who is or 5 appears to be of unsound mind, incompetent, or under the influence of alcohol or drugs . E. Prohibited Items. No licensee shall accept any item of property which contains an altered or obliterated serial number, nor any item of property whose serial number has been removed. F. Licensed Vehicles. No licensee shall accept any vehicle licensed or subject to licensing by the State of Minnesota, unless the vehicle is licensed and operable. The licensee must be shown the title, and the pledger or seller must be named as owner on that title. The title must be clearly visible on the videotape required in this Section. G. Checks. All purchases and pawns by a licensee over $60 . 00 shall be made by check. No licensee shall purchase or pawn items for more than $60 . 00 with cash. H. Interest. The rate or interest charged on pawned items shall be posted in a clearly visible location in the licensee' s building. Subd. 7 . Identification of Seller or Pledger. The safety of the public is compromised when stolen property is easily pawned or sold to pawnbrokers, precious metal dealers, or secondhand dealers. Due to the nature of the business of pawnbrokers, precious metal dealers, and secondhand dealers, and the attraction pawnshops, precious metal businesses, and secondhand businesses have to the criminally disposed, special regulation of the transactions is necessary. A. A licensee shall not accept items of property unless the seller or pledger provides to the licensee one of the following forms of identification. No other form of identification shall be accepted. 1. A valid Minnesota driver' s license; 2 . A Minnesota Identification Card issued by the Department of Public Safety; or 3 . A photo identification issued by the state of residency of the person from whom the item was received. B. A pawnbroker or secondhand goods dealer shall run a videotape during all hours of operation. Tapes shall be retained a minimum of 30 days. The quality of the videotape shall be sufficient to clearly identify the seller or pledger, and to clearly identify the goods 6 involved in the transaction. Each tape shall automatically record the date and time of each transaction. Videotape recordings shall be provided to the Police Department upon request . Subd. 8 . Record Keeping. A. At the time of a receipt of any item of property, whether sold or pawned, the licensee shall immediately and legibly record the information described below. The record shall be in the English language, and kept on computer disc . The computer records shall be on disk in a format compatible with WordPerfect or ASCII, or else the licensee shall provide the Police Department with a copy of the software at the licensee' s expense . The form of the data shall be approved by the Police Department . Each record shall contain the following information: 1. An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; 2 . The date and time the item of property was received by the pawnbroker, precious metal dealer, or secondhand dealer; 3 . The name, address, home telephone number, work telephone number, race, sex, height, weight, hair color, eye color, and date of birth of the person from whom the item of property was received; 4. The type of identification produced by the seller or pledger, and its number; and 5. Other information reasonably required by the Police Department. B. The licensee shall make these records available during regular business hours and at any other reasonable times for inspection by the City. These records shall be retained by the licensee for at least four (4) years. C. For the following items whether sold or pawned, the licensee shall complete forms approved by the City and send the forms weekly to the Police Department : 1. Any item with a serial number, identification number, or "Operation Identification" number; 7 2 . Cameras; 3 . Electronic audio or video equipment ; 4 . Precious jewelry, gemstones, diamonds, and metals; 5 . Artist-signed or artist-attributed works of art; 6 . Guns; 7 . Any item not included in (1) - (6) above, xcpwhich pt furniture and kitchen or laundry appliances, the licensee intends to sell for more than two hundred dollars ($200) . D. The weekly report forms submitted to the Police Department shall contain the following information: 1. All information listed in paragraph A above; and 2 . Whether the item was purchased or pawned. Subd. 9 . Holding Period. A. Whenever the Police Department notifies the licensee not to sell an item, the item shall not be sold or removed from the licensed premises for a period of 60 days, or until authorized to be released by the Police Department, whichever comes first . B. The Police Department may remove items believed to be stolen from the licensee' s business and hold them in the Police Department property room until it is determined whether they are stolen or not. Under Minn. Stat . Sec. 609 .523, the Police Department may return stolen property to the owner, with no recompense to the licensee. Upon criminal conviction, restitution may be sought for losses experienced by a licensee. Each licensee is responsible for establishing procedures to avoid receiving stolen property. - C. Any item sold or pawned to a licensee, for which a report to the police is required, shall not be sold or otherwise transferred for thirty (30) days after the date of the sale or pawn. D. Each pledger shall be given a deadline for redeeming pawned property, after which date the licensee may sell the item. This date shall be a day on which the licensee is open for regular business. Subd. 10 . Receipt. 8 A. The licensee shall provide a receipt to the seller or pledger of any item of property received, which shall include the following information: 1. The name, address, and phone number of the licensee' s business . 2 . The date on which the item was received by the licensee. 3 . A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold. 4 . The signature of the licensee and seller or pledger. 5 . The deadline by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date. 6 . The amount of interest charged on pawned items. 7 . The name and address of the seller or pledger. B. The licensee shall provide a receipt to any purchaser of any item of property, which shall include the following information: 1. The name, address, and phone number of the licensee' s business. 2 . The date on which the item was sold to the purchaser. 3 . A description of the item and amount paid to the licensee in exchange for the item. 4. The signature of the licensee and purchaser. 5. The name, address, home telephone number, and work telephone number of the purchaser. C. A legible copy of each receipt shall be retained by the licensee for at least four years. The licensee shall make these records available during regular business hours and at any other reasonable times for inspection by the City. Subd. 11. Suspension or Revocation of License. 9 A. The City Council may suspend or revoke a license upon a finding of a violation of any of the provisions of this Section or any state statute regulating pawnbrokers, precious metal dealers, or secondhand dealers . Any conviction by the pawnbroker, precious metal dealer, or secondhand dealer for theft, receiving stolen property, or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. B. Except in the case of a suspension pending a hearing on revocation, a revocation or suspension by the City Council shall be preceded by written notice to the licensee and a public hearing. The written notice shall give at least ten (10) days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee . The City Council may, without notice, suspend any license pending a hearing on revocation for a period not exceeding thirty (30) days. The notice may be served upon the licensee by United States mail addressed. to the most recent address of the business in the license application. Subd. 12 . Penalty. A violation of this Section is a misdemeanor. Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 6 . 99, Violation a Misdemeanor or Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentences, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Section 4 - Summary Approved. The City Council hereby determines that the text of the summary of this ordinance, marked "Official Summary of Ordinance No. " and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication oftitle and effectsuch ofstheaordinancewill clearly inform the public of the intent Section 5 - Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to 10 the Scott County Library for posting and filing, at which during locations a copy is available for inspection by any person regular office hours . Section 6 - The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and the Scott County Library. Section 7 - Effective Date. This ordinance becomes effective from and after its passage and publication. Existing businesses shall have thirty (30) days from the effective date of this ordinance to come into compliance. 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: Or ' ' eeAl/ City Attorney Published in the Shakopee Valley News on the day of , 1994 . [3 PAWN4] 11 / 4] RESOLUTION NO. 3990 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION 3924, ADOPTING THE 1994 FEE SCHEDULE, BY ADOPTING FEES RELATING TO PAWN SHOPS, PRECIOUS METAL DEALERS, AND SECONDHAND DEALERS, AND TATTOOING. WHEREAS, the City Council has considered the adoption of new regulations relating to pawn shops, Rrecious metal dealers, and secondhand dealers; and WHEREAS, the licensing of pawn shops, precious metal dealers, and secondhand dealers will impose certain costs on staff which may be recovered by a fee; and WHEREAS, the City Council adopted a fee schedule in 1993 which included a fee for a tattooing license; and WHEREAS, the tattooing fee was accidentally left out of the 1994 fee schedule and needs to be added. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the 1994 Fee Schedule is hereby amended by adding fees relating to pawnshops, precious metal dealers, and secondhand dealers, and relating to tattooing, which shall read as follows : Pawnshops, Precious Metal Dealers, and Secondhand Dealers (authorized by City Code 6 .28) 1. Annual License Fee $300 . 00 2 . Initial license requires one time investigation fee $330 . 00 3 . Investigation fee for each new employee $ 50 . 00 Tattooing License (authorized by City Code 6 . 51) 1. Annual License Fee $300 . 00 2 . Initial license requires one time investigation fee $330 . 00 3 . Investigation fee for each new employee $ 50 . 00 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 [10 MEMO] -2- CONSENT Mc. TO: Dennis R. Kraft, City Administrator FROM: Vernice Takumi, Accountant RE: 1994 Budget Amendment Resolution No. 3995 DATE: April 13 , 1994 Introduction There have been several changes since the adoption of the 1994 Budget that require budget amendments. Background 1. All wages were based on 1993 pay scales. We now have new union contracts for the Police department, and the Public Works employee's Premium pay has been determined. Source of funding - Contingency. 2 . The Civil Defense Siren was approved as a purchase in 1993 for a total of 15, 000, however it was not delivered until 1994 . The new amount requested is 11, 450 for the Siren, and 1, 300 for installation. Source of funding - Capital Equipment Fund. 3 . There was $2 , 500 in the 1993 budget (building maintenance) to replace 4 windows on the second story of the Police department, however these windows were ordered in 1993, but not installed until January 1994. The amount requested is $2, 170. Source of funding - General Fund, Fund Balance (1993 carry over) . 4 . The cost of purchasing a new squad car has increased by 2 , 500 over the cost projections made in the 1994 budget. The memo from Gregg Voxland dated 12/9/93 requesting the purchase of this vehicle explained the potential increased cost. Source of funding - Capital Equipment Fund. 5. The Assistant City Attorney, and Clerk-Typist positions have been increased from half-time to full time. Council approved change on 4/5/94 . Source of funding - General Fund, Fund Balance. 6. Council has authorized expenditures this year for Murphy's Landing. This new program was not included on the 1994 budget. Charges to date on this program have totaled $7 , 359. The budget increase is for $15, 000. , and will probably need further amendment as time passes and activities fall into place. Source of funding - General Fund, Fund Balance. Attached is a resolution that amends the 1994 budget to provide for the increase in salaries, capital equipment, building maintenance, and Murphy's Landing expenses. Alternatives 1. Approve resolution as presented. 2 . Amend resolution and approve. 3 . Do not approve resolution. Action 1. Offer Resolution No. 3995 A Resolution amending Resolution No. 3913 Adopting the 1994 Budget and move its adoption. RESOLUTION 3995 A RESOLUTION AMENDING RESOLUTION 3913 ADOPTING THE 1994 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are increased as follows: Fund Division Account Amount Portion for new Police Union contract: 26,970 General Police Personal Services General Unallocated Contingency (26,970) Portion for Public Works Premium pay: 2,330 General Street Personal Services General Shop Personal Services 1,410 General Park Maint. Personal Services 2,330 General Unallocated Contingency (6,070) Portion for the Civil Defense Siren: 12,750 General Police Capital Equipment Capital Equip. Transfers Out 12,750 General Transfers In 12,750 Portion for the Window replacements: 2,170 General Police Building Maint. Portion for the increase cost of a police car: 2,500 General Police Capital Equipment Capital Equip. Transfers Out 2,500 General Transfers In 2,500 Portion for Assistant City Attorney & Clerk-Typist: 28,800 General Legal Personal Services Portion for Murphy's Landing: General Parks Equipment Maintenance 5,000 General Parks Utility Service 10,000 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 Nummer, Staff Engineer Z/4/`J SUBJECT: Alley in Block 51, Original Shakopee Plat DATE: April 14, 1994 INTRODUCTION: Attached is Resolution No. 3992, a resolution declaring adequacy of petition and ordering the preparation of a feasibility report for paving the Alley in Block 51, Original Shakopee Plat. BACKGROUND: The City of Shakopee has received a petition to pave the alley between 3rd Avenue and 4th Avenue and Sommerville Street and Spencer Street (Block 51). The petition was signed by all adjacent property owners. The petition has been forwarded to the City Attorney for review. The current Special Assessment Policy states that paving an existing gravel alley will be 100% assessed to the block in question. This position was recently challenged when a benefit appraisal indicated no benefit to adjacent property owners for paved alleys. Since the petition for improvements was signed by 100% of the property owners, staff is recommending assessing this project 100%. Staff would propose that at the public hearing to consider this project, a waiver form should be provided for all properties, waiving their right to appeal their assessments. ALTERNATIVES: 1. Accept the petition and adopt Resolution 3992, ordering a feasibility report. 2. Deny the petition. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3992, A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Feasibility Report for Paving the Alley in Block 51, Original Shakopee Plat and move its adoption. DEH/pmp MEM3992 RESOLUTION NO. 3992 A Resolution Declaring Adequacy Of Petition And Ordering The Preparation Of A Report For Paving The Alley In Block 51 Original Shakopee Plat BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of the Alley in Block 51, Original Shakopee Plat by pavement, filed with the Council on April 19, 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 iq CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engine frvIj SUBJECT: Rahr Service Line DATE: April 14, 1994 INTRODUCTION: Attached is Resolution No. 3993, a resolution accepting bids and awarding the contract for the Rahr Service Line Project No. 1994-8. BACKGROUND: On March 8, 1994 the City Council authorized the advertisement for bids for the Rahr Service Line Project. On April 12, 1994 the bids were received and publicly opened for this project. A total of four bids were received and are summarized in the attached resolution. The low bid was submitted by S.M. Hentges & Sons, Inc. of Shakopee, MN for a total of $80,000.00. The Engineer's estimate was approximately $55,000.00. The Engineering Department has reviewed all the bids for completeness and also the qualifications of the low bidder and has determined that they are able to perform the work as designed in the plans and specifications. Staff is requesting a contingency amount equal to 10% of the bid for use by the City Engineer to cover any minor change orders or final quantity adjustments that may occur. The City of Shakopee and Rahr Malting have reached agreement on the funding for this project. The proejct will be assessed to Rahr Malting 100%, but deferred until they construct their own waste water treatment plant in the future. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3993 awarding the contract to S.M. Hentges & Sons, Inc. 2. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Offer Resolution No. 3933,A Resolution Accepting Bids on the Rahr Service Line Project No. 1994-8 and move its adoption. 2. Approve a contingency in the amount of 10% for the use by the City Engineer in authorizing change orders or quantity changes on this project. DMN/pmp MEM3933 RESOLUTION NO. 3993 A Resolution Accepting Bids On The Rahr Service Line Project No. 1994-8 WHEREAS,pursuant to an advertisement for bids for the Rahr Service Line Project,bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: S.M. Hentges & Sons, Inc. $ 80,000.00 Minger Construction $ 96,906.00 Ryan Contracting, Inc. $102,156.00 Metro Utilities $108,214.00 AND WHEREAS, it appears that S.M. Hentges & Sons, Inc., P.O. Box 520, Shakopee, MN 55379 is the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with S.M. Hentges & Sons, Inc. in the name of the City of Shakopee for the Rahr Service Line Project by sanitary sewer installation according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney *19 -c CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer -"- SUBJECT: 1st Avenue Sidewalk DATE: April 14, 1994 INTRODUCTION: Attached is Resolution No. 3994, a resolution receiving a report ordering an improvement and preparation of plans and specifications for sidewalk on 1st Avenue from Shakopee Chevrolet to the Millpond Bridge. BACKGROUND: On March 8, 1994 the City Council of Shakopee ordered the preparation of a feasibility report for constructing sidewalk on 1st Avenue from Shakopee Chevrolet to the Mill Pond Bridge. This report has been completed and is attached for Council review. The feasibility report recommends constructing sidewalk on the south side of 1st Avenue from Shakopee Chevrolet to County Road 17, and on the north side of 1st avenue from the existing sidewalk at County Road 17 to the Mill Pond Bridge. The option of installing sidewalk on the south side of 1st Avenue east of County Road 17 was rejected for several reasons. 1. Pedestrians going to Memorial Park would have to cross T.H. 101 at the Mill Pond Bridge. It is safer for pedestrians to cross the street at a signalized intersection. 2. Sidewalk on the south side of 1st Avenue would be located in an existing drainage ditch Storm sewer would be needed to convey runoff if the ditch were filled for the sidewalk. The cost of the sidewalk and storm sewer was estimated at $45,254.68. This cost is substantially higher than the cost of installing sidewalk on the north side of 1st Avenue. The total project cost is estimated at $35,263.94. 1st Avenue is designated as a collector street and as such, sidewalk installed adjacent to 1st Avenue does not qualify for assessment. This project is not included in the 1994 Capital Improvement Plan and has not been budgeted for. The Finance Director has a indicated funding could come from the General Fund or the Capital Improvement Fund, and has recommended the Capital Improvement Fund as the preferable choice. In order to receive lower bid prices, staff recommends including the 1st Avenue Sidewalk in the 1994 sidewalk Program Project to be bid out this summer. ALTERNATIVES: 1. Adopt Resolution No. 3994. 2. Deny resolution No. 3994. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3994, A Resolution Receiving a Report, Ordering an Improvement and the Preparation of Plans and Specifications for Sidewalk on 1st Avenue from Shakopee Chevrolet to the Mill Pond Bridge, Project No. 1994-3 and move its adoption. DMN/pmp MEM3994 RESOLUTION NO. 3994 A Resolution Receiving A Report Ordering An Improvement And Preparation Of Plans And Specifications For Sidewalk On 1st Avenue From Shakopee Chevrolet To The Mill Pond Bridge Project No. 1994-3 WHEREAS,the City Council ordered the preparation of a feasibility report and a report has been prepared by David E. Hutton, Public Works Director, with reference to the addition of sidewalk on 1st Avenue from Shakopee Chevrolet to the Mill Pond Bridge and this report was received by the Council on April 19, 1994. WHEREAS, the Council has considered the improvements of said 1st Avenue sidewalk from Shakopee Chevrolet to the Mill Pond Bridge in accordance with the report and the assessment of abutting 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 improvements of $35,263.94. 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 April, 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 1994-3 Public Improvement Program. 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 FEASIBILITY REPORT FOR SIDEWALK ON 1ST AVENUE FROM SHAKOPEE CHEVROLET TO THE MILL POND BRIDGE I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date 0( Registration No. 19133. APRIL 1994 BACKGROUND The City Council of Shakopee ordered the preparation of a feasibility report to install sidewalk on 1st Avenue from Shakopee Chevrolet to the Mill Pond Bridge west of Memorial Park. This report provides proposed improvements, cost estimates and provides recommendations. PROPOSED IMPROVEMENTS This report is divided into two sections for improvements east and west of County Road 17. Please see map in Appendix. IMPROVEMENTS WEST OF COUNTY ROAD 17 This report recommends installing 8 foot wide sidewalk on the south side of 1st Avenue from Shakopee Chevrolet to County Road 17. The wide sidewalk is to accommodate light fixtures and power poles which would otherwise have to be moved. Currently, there is sidewalk on the north side of First Avenue, but none on the south side. The cost estimate for this sidewalk is$19,459.00. This cost includes the sidewalk and restoration of the surrounding area, as well as a 10% contingency and 25% for engineering and administration. A detailed cost estimate has been included in the Appendix. IMPROVEMENTS EAST OF COUNTY ROAD 17 This report has identified two options for installing sidewalk in this area. The first is to install sidewalk on the south side of 1st Avenue from Shakopee Ford to the bridge. Currently, a drainage ditch exists adjacent to the roadway which conveys stormwater to the Mill Pond. Installing sidewalk on the south side of 1st Avenue would mean filling in the ditch and installing storm sewer to carry the runoff. Installing storm sewer adjacent to 1st Avenue may interfere with existing watermain and could also conflict with existing power poles which run down the ditchline. The estimated cost of the sidewalk, storm sewer and restoration of the surrounding area is $45,254.69. This cost includes a 10% contingency and 25% for engineering and administration. The cost estimate does not include any costs for moving existing utilities. A detailed cost estimate has been included in the Appendix. The second option is to install sidewalk on the north side of 1st Avenue. The existing sidewalk runs from County Road 17 to the trailer park. This option avoids having to install any drainage structures or relocate any existing utilities as with Option No. 1. This option allows pedestrians to cross First Avenue at a protected crosswalk, then walk to Memorial Park on the north side of First Avenue. The estimated cost of extending new sidewalk and restoring the adjacent area is $15,804.94. This cost includes a 10% contingency and 25% for engineering and administration. A detailed cost estimate has been included in the Appendix. RECOMMENDATION AND CONCLUSION This report recommends constructing the sidewalk on the south side of 1st Avenue from Shakopee Chevrolet to County Road 17 and installing sidewalk on the north side of 1st Avenue from County Road 17 to the bridge. The total estimated cost for the recommended improvements is $35,263.94. APPENDIX Page No. Area Map 1 Cost Estimate for Sidewalk West of C.R. 17 2 Cost Estimate for Sidewalk East of C.R. 17: Option 1 3 Cost Estimate for Sidewalk East of C.R. 17: Option 2 4 1m _. B . i r I illimirais \rilli Ilill ;.1111 d0 aw RIS 1 7 t § I d ~o- o � HUll w o 01.11111111 . 1 -g 0 o ao o �, lig s U� V) o 1 I I rati 0 y P ' ' • 47. , !Rs = 1 LL1 0G Qo mlill "lin IIM � z vim w woiii 111103 � � 00 IJI Wi V*1 al. (-7-) Tt II WI W W Q 0 010 N = SIDEWALK WEST OF COUNTY ROAD 17 Prepared By: !`�/ 'J COST ESTIMATE ., Checked By: i ITEM UNIT TOTAL NO. ITEM UNIT QUANTITY COST COST 1 Remove Bituminous Pavement S.Y. 70 $1.50 S105.00 2 Remove & Curb & Gutter L.F. 50 $1.50 S75.00 3 Remove Concrete Driveway S.F. 700 $1.50 61,050.00 4 Relocate Catch Basin EA. 1 $1,300.00 61,300.00 5 Install 4" Sidewalk S.F. 3226 $2.00 $6,452.00 6 Install 8" Sidewalk S.F. 950 $2.50 62,375.00 7 Install Curb &Gutter B-618 L.F. 70 $6.00 $420.00 8 Bituminous Patching S.Y. 52 $25.00 $1,300.00 9 Sod S.Y. 350 $2.50 $875.00 10 12" RCP Class 4 L.F. 10 $20.00 $200.00 Total $14,152.00 Plus 10% Contingency S1,415.20 Subtotal $15,567.20 Plus 25% Engr./Admin Fees 53.891.80 GRAND TOTAL $19,459.00 2 SIDEWALK EAST OF COUNTY ROAD 17 Prepared By: 7,5' COST ESTIMATE Checked By: ./..iu✓ OPTION NO. 1 UNIT TOTAL ITEM NO. ITEM UNIT QUANTITY COST COST 1 Remove Bituminous Pavement S.Y. 275 51.50 $412.50 2 Remove Concrete Driveway S.F. 775 51.50 $1,162.50 3 ;Bituminous Patching S.Y. 150 S25.00 $3,750.00 4 .4" Sidewalk S.F. 3400 52.00 $6,800.00 5 8" Sidewalk S.F. 775 52.50 $1 ,937.50 6 18" RCP Class II L.F. 750 $20.00 $15,000.00 7 27" Catch Basin Manhole EA. 3 $900.00 $2,700.00 . 8 Sod S.Y. 460 $2.50 $1,150.00 Total $32,912.50 Plus 100/0 Contingency $3,291.25 Subtotal $36,203.75 Plus 25% Engr./Admin Fees $9,050.94 GRAND TOTAL $45,254.69 3 �� SIDEWALKPrepared By: _)EAST OF COUNTY ROAD 17 COST ESTIMATE ( Checked By: OPTION NO. 2 UNIT TOTAL ITEM NO. ITEM UNIT QUANTITY COST COST 1 Remove Bituminous Pavement S.Y. 83 S1.50 $124.50 2 Remove Concrete Driveway S.F. 750 $1.50 $1,125.00 4 Bituminous Patching S.Y. 83 $25.00 $2,075.00 5 4" Sidewalk S.F. 2210 S2.00 $4,420.00 5 8" Sidewalk S.F. 1000 S2.50 $2,500.00 6 Sod S.Y. 500 $2.50 $1 ,250.00 Total $11,494.50 Plus 10% Contingency $1,149.45 Subtotal $12,643.95 Plus 25% Engr./Admin Fees $3,160.99 GRAND TOTAL $15,804.94 4 Re v ; Se- cL 2--/ RESOLUTION NO. 3994 A Resolution Receiving A Report Ordering An Improvement And Preparation Of Plans And Specifications For Sidewalk On 1st Avenue From Shakopee Chevrolet To The Mill Pond Bridge Project No. 1994-3 WHEREAS, the City Council ordered the preparation of a feasibility report and a report has been prepared by David E. Hutton, Public Works Director, with reference to the addition of sidewalk on 1st Avenue from Shakopee Chevrolet to the Mill Pond Bridge and this report was received by the Council on April 19, 1994. WHEREAS, the Council has considered the improvements of said 1st Avenue sidewalk from Shakopee Chevrolet to the Mill Pond Bridge in accordance with the report and the assessment of abutting 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 improvements of$35,263.94. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such improvements are hereby ordered: Installation of sidewalks on the south side of 1st Avenue from Shakopee Chevrolet to County Road 17 and the installation of sidewalks on the north side of 1st Avenue from County Road 17 to the Mill Pond Bridge. 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 1994-3 Public Improvement Program. 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 ly CONSENT RESOLUTION NO. 3 ! / 6 WORKERS' COMPENSATION RESOLUTION WHEREAS: The average cost of workers' compensation in Minnesota is 32% higher than Wisconsin and than percentage is even higher when compared to other surrounding states; and WHEREAS: Nearly$100 million is spent by counties ($15.3 million), cities ($35 million), school districts ($23.9 million) and the State of Minnesota ($24.7 million) for direct workers' compensation. If these counties, cities, school districts were located in Wisconsin, their premiums for workers' compensation could be up to 32% less; and WHEREAS: Local governments pay these high workers' compensation costs when employing private Minnesota contractors to perform services for their governments and these costs are not included in the $100 million direct workers' compensation costs; and WHEREAS: If Minnesota had workers'compensation reform which would be close to any of the bordering states, there would be less money spent on workers' compensation premiums and more money spent on services or property tax relief; and WHEREAS: Local city and county development agencies find it nearly impossible to get companies to bring jobs and expanded tax bases to their community because of high business costs, including workers'compensation; and WHEREAS: Local governments need an expanding tax base if they are going to hold down the increasing cost of property taxes; and WHEREAS: During the 3id quarter of 1991 to the fourth.quarter of 1992, 18 Minnesota manufacturing companies employing 3,050 workers moved from Minnesota and nearly all gave the reason for their move as Minnesota's high workers'compensation and unemployment compensation costs. f NOW, THEREFORE, BE IT RESOLVED, that the City of Shakopee is calling upon our legislators and the Governor to pass major workers' compensation reform which will lower workers' compensation rates to those of surrounding states. Adopted by the City Council of the City of Shakopee this day of April, 1994. Gary Laurent Mayor, City of Shakopee Judith S. Cox City Clerk /Y CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of the Eastern one-half of Cass Street, between 2nd Avenue and 3rd Avenue DATE: April 14, 1994 INTRODUCTION: The attached Resolution No. 3964 sets a public hearing date to consider the vacation of the eastern one-half of Cass Street, between 2nd Avenue and 3rd Avenue. DISCUSSION: The City has received a petition from Rahr Malting Co. to vacate the eastern one-half of Cass Street, between 2nd Avenue and 3rd Avenue. The attached resolution sets a public hearing for May 17, 1994. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 3964, A Resolution Setting the Public Hearing Date to Consider the Vacation of the Eastern one-half of Cass Street, between 2nd Avenue and 3rd Avenue, and move its adoption. (C f f YCO UN V ACS PH D.419) RESOLUTION NO. 3964 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF THE EASTERN ONE-HALF OF CASS STREET, BETWEEN 2ND AVENUE AND 3RD AVENUE. WHEREAS, it has been made to appear to the Shakopee City Council that the eastern one-half of Cass Street located between 2nd Avenue and 3rd Avenue serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 19th day of May, 1994, at 7:00 P.M. or thereafter, on the matter of vacating the eastern one- half of Cass Street located between 2nd Avenue and 3rd Avenue. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be 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. 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 C c R \z T- >� y Q. DlelsQty l RESOLUTION NO. 3964 A RESOLUTION SETTLNG THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF CASS STREET, BETWEEN 2ND AVENUE AND 3RD AVENUE. WHEREAS, it has been made to appear to the Shakopee City Council that tilr ' IT Cass Street located between 2nd Avenue and 3rd Avenue serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the tA —Yet day of May, 1994, at 6:00 P.M. or thereafter, on the matter of vacatingthe=eotgem=s44- Ifaef Cass Street located between 2nd Avenue and 3rd Avenue. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be 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. 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 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer SUBJECT: Public Works Parking Lot DATE: April 15, 1994 INTRODUCTION: Attached is Resolution No. 3997, a resolution approving plans and specifications and authorizing advertisement for bids for the Public Works Parking Lot Improvements, Project No. 1994-9. BACKGROUND: The parking lot was originally constructed in 1976 in conjunction with the Public Works building. The existing parking lot consists of severely deteriorated pavement and large areas of exposed gravel surfaces. These surface conditions are prone to generating dust and erosion. There is a substantial amount of sediment due to erosion carried to 4th Avenue during rainfall events. The City Council has taken a proactive approach to eliminate all gravel streets in Shakopee, and has greatly reduced the number of gravel streets in urban Shakopee over the last five years. The Public Works/Shakopee Public Utilities Commission(SPUC)complex continues to be an eyesore, generating dust and erosion problems in urban Shakopee. A second major problem with the Public Works/SPUC parking lot is inadequate drainage. Standing water in the parking lot and around the SPUC building is common after a rainfall. This standing water tends to deteriorate the pavement at an accelerated rate due to infiltration and frost action. Simply repaving the parking lot will not take care of this problem. The parking lot must also be regraded to provide adequate drainage. The proposed improvements include both regrading and paving. This will help to alleviate dust, erosion and drainage problems. The drainage system will be enhanced with the addition of storm sewer, curb and gutter, and a storm water treatment pond which will remove sediment and contaminants from the runoff water before discharging to the storm sewer and ultimately, the Minnesota River. The Engineer's estimate for this project is $195,000.00, plus a 10% contingency for a total estimated cost of $214,500.00. Of this amount, approximately $40,500.00 is for storm sewers which staff recommends to be funded out of the Storm Sewer Utility Fund. The remainder of the cost of $174,000.00 is proposed to be split 50/50 between the City and SPUC. The estimated cost for each is $87,000.00. On April 4, 1994 the Utility Commission voted to pay for 50% of the project costs. Since all of the engineering was done in-house, staff is not proposing to include any engineering costs in either the City or SPUC portion. The 1994 Capital Improvements Fund includes $100,000.00 for this project which will cover the City's half of the project costs. ALTERNATIVES: 1. Adopt Resolution No. 3997. 2. Deny Resolution No. 3997. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3997, A Resolution Approving Plans and Specifications and Authorizing - Advertisement for Bids for the Public Works Parking Lot Improvements, Project No. 1994-9 and move its adoption. DMN/pmp MEM3997 RESOLUTION NO. 3997 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Public Works Parking Lot Improvements Project No. 1994-9 WHEREAS, David E. Hutton, Public Works Director has prepared plans and specifications for the improvement of the public works parking lot by paving and storm sewer installation and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney # (sa . TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Storm Drainage Bills on ROW DATE: April 15, 1994 Introduction A few instances of delinquent storm drainage utility bills on highway right of way have surfaced. Action by the City is needed to clear these up. Background Various parcels in the city have been acquired by MDOT or the county for right of way for the bypass or the CR 18 interchange. In some cases there are delinquent storm drainage utility bills that have been certified for collection with the taxes in 1994 . The city certified these in November 1993 . ROW is not charged for storm drainage. The practical aspect is that if the county or state do not pay the storm drainage certified amount, we have no way to collect because the property forfeits to the state and no one will buy the parcel because it is ROW. Action Requested Move to authorize staff to process abatement requests to the county to abate delinquent storm drainage amounts certified for collection with the taxes on parcels acquired for right of way.