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HomeMy WebLinkAbout07/12/1994 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA July 12 , 1994 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1) Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4) Re-convene 5] Liaison Reports from Councilmembers 6) Mayor's Report 7) RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approve Minutes of June 7th, 21st, and 28th, 1994 10] Communications: a] Rod MacRay, Celtic Festival Weekend, regarding temporary liquor license restrictions b) 11) 7 : 00 P.M. PUBLIC HEARING on appeal from Shiely Company of the Planning Commission's denial of a variance to allow the operation for mineral extraction from 6: 00 A.M. to 7 : 00 P.M. 12] Recommendations from Boards and Commissions: Community Development Commission: *a] Transit Vehicle Procurement 13 ] Reports from Staff: a) Linda Kurian dba Body Art Tattoo License b) Murphy's Landing Bill c) Universal Forest Products - Facility Expansion d] Downtown Streetscape, Project 1993-12 - Res. No. 4036 e] Shakopee Derby Days TENTATIVE AGENDA July 12, 1994 Page -2- 13) Reports from Staff Continued: *f] MWCC Easement *g] Rural Plats - Time Extensions *h] Local Recycling Development Grant - Recycling Bins *i] 1993 Comprehensive Annual Financial Report *j ] Approve Bills in the Amount of $548, 303 . 57 *k] Request for Permanent Easement - U. S. West *1] Fuller Street Consultant Services *m) Viking Steel Road Consultant Services *n] U. S. West Agreements 143 Resolutions and Ordinances: *a] Res. No. 4034 - Setting Hearing on Vacation of Hauer Trail East of Jasper Road *b] Res. No. 4035 - Accepting Bids and Awarding Contract on 1994 Sidewalk Program, Project No. 1994-3 *c) Res. No. 4040 - Prohibiting Parking on Vierling Drive 15) Other Business: a] b) c] 16] Adjourn to Tuesday, July 26, 1994 at 7 : 00 P.M. Dennis R. Kraft City Administrator REMINDER: July 19th, 5: 00 P.M. Committee of the Whole REVISED TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting July 12, 1994 1 . Roll Call at 7 : 00 P.M. 2 . Minutes of June 7th and 21st, 1994 3 . Stans House - Phase III and Exterior Treatment 4 . Tom Gestach Property Offer 5 . Other Business a) I . S .D. 720 Presentation - Ron Ward b) 6 . Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE HOUSING & REDEVELOPMENT AUTHORITY ADJ REG. SESSION SHAKOPEE, MINNESOTA JUNE 7, 1994 Chrmn. Lynch called the meeting to order at 7 : 06 PM with Comm. Beard, Dirks, Sweeney and Mayor Laurent present . Also present : Dennis R. Kraft, City Administrator; Barry Stock, Ass' t City Administrator; Lindberg Ekola, City Planner; Dave Hutton, Public Works Director; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Sweeny/Beard moved to approve the Minutes of April 19 and May 3 , 1994 . Motion carried unanimously. Chrmn. Lynch adjourned the meeting at 7 : 07 PM. Dennis R. Kraft Executive Director Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE HOUSING & REDEVELOPMENT COMMITTEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA JUNE 21, 1994 Chrmn. Lynch called the meeting to order at 7 : 01 PM with Comm. Lynch, Beard, Dirks, Sweeney and Mayor Laurent present . Also present : Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director, and Judith S . Cox, City Clerk. Mr. Stock stated that quotations were sent out for Phase III of the Stans house which is mostly interior improvements . However no quotes were submitted and staff is suggesting to extend the deadline . Sweeney/Beard moved to table action of selecting a contractor for Phase III work on the relocated Stans house . Motion carried unanimously. Sweeney/Laurent moved to obtain alternate quotations on painting or siding with the rest of the bid. Motion carried unanimously. Mr. Stock stated that he has been in contact with the CAP Agency, the Housing Coalition and Scott County HRA for purposes of disposing of the property. Sweeney/Laurent moved to direct staff to open negotiations with the Affordable Housing Coalition and other agencies to dispose of the property. There was discussion on the procedure to be used by the Affordable Housing Coalition. Motion carried unanimously. Chrmn. Lynch adjourned the HRA meeting at 7 :11 p.m. Dennis R. Kraft Executive Director Debra Zabel Recording Secretary #3 Dave Schmitt Contstruction Phase III Cost Quotation 1. Electrical $8, 000. 00 2 . Plumbing $3 , 610. 00 3 . Mechanical (New Boiler & Refit) $5, 165. 00 4 . Install Bedroom Egress Windows $2, 370. 00 5. Rebuild Stairs $ 950. 00 6. Secure Entrance Doors/Hardware $ 400. 00 7 . Miscl. (Window repair, bath finish $5, 000. 00 ceiling rework) Alternatives 1. Vinyl Siding/Metal Soffit & Fascia - $11,200 plus $25. 00 per window wrap 2 . Steel Siding/Metal Soffit & Fascia - $13 , 200 plus $25. 00 per window wrap 3 . Masonite siding/painting - Same as Vinyl siding Gary Mundahl - Minn Exterior Inc. Siding Quotation 1. Vinyl Siding/Soffit & Fascia/Window Wraps - $7620 2 . Window Replacements - Upper Level (3 @ $410 ea. ) - $1230 (Sliders/Double Pane/Vinyl/Installed) MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Barry A. Stock, Assistant City Administrator RE: Stans House - Phase III and Exterior Treatment DATE: July 5, 1994 INTRODUCTION: On June 21, 1994 the Shakopee HRA tabled action with respect to selecting a contractor for Phase III improvements to the Stans House. At that time, staff was also directed to obtain cost quotations for potential exterior building improvements. BACKGROUND: On June 21, 1994 staff informed the HRA that no cost quotations were received for Phase III construction work on the Stans House Project . Staff is continuing our efforts to obtain cost quotations for this work. Staff is optimistic that at least one cost quotation will be submitted for Phase III . However, no formal quotations were received as of July 8, 1994 . At the meeting on July 12, 1994 staff hopes to have at least one cost quotation for HRA' s review and consideration. In terms of the building exterior, staff will have quotations available for the HRA' s review on July 12th for the following: 1 . Wood 2 . Steel 3 . Vinyl Due to the extraordinary preparation costs and basic deterioration of the existing siding (which is original) staff is not recommending that the home be re-painted. On July 12th, staff will be prepared to make a recommendation on what type of exterior improvement to pursue. ALTERNATIVES• 1 . Select a contractor for Phase III and authorize the appropriate City officials to execute the appropriate agreements . 2 . Select a exterior building improvement option and direct staff to proceed accordingly. 3 . Table action pending further information from staff . 4 . Leave the building exterior in it' s present condition. STAFF RECOMMENDATION: Staff recommends alternatives 1 and 2 . ACTION REQUESTED: 1 . Select a contractor for Phase III and authorize the appropriate City officials to execute the appropriate agreements . 2 . Select a exterior building improvement option and direct staff to proceed accordingly. 3 MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Barry A. Stock, Assistant City Administrator RE: Stans House - Phase III and Exterior Treatment DATE: July 5, 1994 INTRODUCTION: On June 21, 1994 the Shakopee HRA tabled action with respect to selecting a contractor for Phase III improvements to the Stans House. At that time, staff was also directed to obtain cost quotations for potential exterior building improvements. BACKGROUND: On June 21, 1994 staff informed the HRA that no cost quotations were received for Phase III construction work on the Stans House Project . Staff is continuing our efforts to obtain cost quotations for this work. Staff is optimistic that at least one cost quotation will be submitted for Phase III . However, no formal quotations were received as of July 8, 1994 . At the meeting on July 12, 1994 staff hopes to have at least one cost quotation for HRA' s review and consideration. In terms of the building exterior, staff will have quotations available for the HRA' s review on July 12th for the following: 1 . Wood 2 . Steel 3 . Vinyl Due to the extraordinary preparation costs and basic deterioration of the existing siding (which is original) staff is not recommending that the home be re-painted. On July 12th, staff will be prepared to make a recommendation on what type of exterior improvement to pursue. ALTERNATIVES : 1 . Select a contractor for Phase III and authorize the appropriate City officials to execute the appropriate agreements . 2 . Select a exterior building improvement option and direct staff to proceed accordingly. 3 . Table action pending further information from staff . 4 . Leave the building exterior in it' s present condition. STAFF RECOMMENDATION: Staff recommends alternatives 1 and 2 . ACTION REQUESTED: 1 . Select a contractor for Phase III and authorize the appropriate City officials to execute the appropriate agreements. 2 . Select a exterior building improvement option and direct staff to proceed accordingly. MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Barry A. Stock, Assistant City Administrator RE: Tom Gestach - Property Offer DATE: July 6, 1994 INTRODUCTION: Shown in attachment #1 is a correspondence received from Mr. Tom Gestach owner of the property currently occupied by the Eagles Club and formerly known as Abeln' s Bar. BACKGROUND: In the early 80' s the Shakopee HRA had considered the possibility of pursuing the redevelopment of Block 32 in Downtown Shakopee for a housing project . After much research and discussion it was determined that the property was not suitable for development at that time. Shown in attachment #2 is a map indicating the location of the subject property. At the present time there are several vacant lots adjacent to the subject site. The question before the HRA is whether or not they feel at some point in time a redevelopment project incorporating various parcels in Block 32 might be appropriate. If the HRA feels that they should be involved in stimulating the redevelopment of this block, it might be appropriate to consider the offer put forth by Mr. Gestach. If the HRA were to consider a redevelopment project on Block 32 it would be prudent to create a tax increment district . The dynamics of any potential project would also likely include the acquisition of other vacant parcels and possibly several home sites presently located on Block 32 in order to make the redevelopment project feasible in terms of total land area. At this time, the City has not received any formal development interest in this block. The HRA has also not been actively soliciting development interest in this area. In the past, the Community Development Commission has looked favorably at the redevelopment potential of Block 32 . However, no formal recommendation has ever been setforth. Staff would like the HRA to discuss this matter and provide direction to staff accordingly. Basically there are three funding sources for this type of project . First, the HRA could utilize a portion of the HRA fund balance to acquire the property. Second, the HRA could create a tax increment district and utilize existing tax increment funds to initiate redevelopment . Third, if a redevelopment project could be created, tax increment generated from the new project could be captured to cover development costs . Option #2 for funding is not being recommended since the HRA has recently determined how existing tax increment funds would be allocated. Option #3 is also somewhat difficult at this time since a developer is not currently available for the project . Mr. Gestach will be at the meeting on July 12th to answer any questions that Council may have . ALTERNATIVES: 1 . Respectfully inform Mr. Gestach that the HRA is not interested in acquiring the property in question. 2 . Request staff to obtain additional information and schedule this item for discussion at a upcoming HRA Executive Session. 3 . Authorize the appropriate HRA officials to execute a purchase agreement with Mr. Gestach consistent with his offer. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to respectfully inform Mr. Gestach that the HRA is not interested in pursuing acquisition of the subject property. teal-* mr. movies #15 2067 I) • War_ata B/rd. W. • P.O. Box 753 •Long Lake. Minnesota 55356 (612) 473-7360 CITY OFopEE JUL 61994 1-.) July 1, 1994 ECEI VE Shakopee HRA Dennis Kraft, Executive Director 129 South Holmes Street Shakopee, MN 55379 Re: Eagles Club 220 West 2nd Avenue Shakopee, MN 55379 Legal Description: 8 & E 38; of 9-32 Dear Mr. Kraft, My name is Tom Gestach, and I've owned the above property since July 1985. Due to other business opportunities I have decided to put the property up for sale. I would like to offer "first right of refusal" to the city of Shakopee. My asking price is $139,500.00, with the understanding that the city takes care of all closing costs, and I'll pay for all existing assessments. If the city isn't interested in the property, I'll be listing the property with a Realtor for$149,900. Respectfully, jCIAA_ j10:CeLfa---- Tom Gestach Home: 448-4312 Pager: 650-6462 #a -.> A V Lki _ - • 1-g• ! \.) .1- . , . . . ., , - --c-°--. _ 0 -,— o.,--- .ti 1 --ti 2 .......r CL-1'. Col,, •.. C\I \ •— li) • NZ .• : ci - _ . . N •qt. llkillik' ___._. . . .. . r .4..< tea zi -Vit - .. 14 r'l -.- ...._-.---- . . . 1 -.....C.) , I' .-‘_ ,, -- 0 -.. "1 .... _„ . .N. ____ __ . . . , . . . _ _ . . . . . .__ , .. . • __ _, . — .- . . . . . -,. , . • . • ' . ....._ . • .. .. • , , • :.- . . . ___,---.--.....„ _. . – . •Li) — _..-- , . . ... - • , r-- . C.. ...._ ' .. . ...4C . ...s, -_ t'5 — . cz.....v) 1 _ _ _ .... z --1-- . _ ±: ::±± _ _ . . .. . _ .._ . . _ . ... 7- _ . . . . . .. - . .__. . .cy.f.....tk. , ._. ._ ..._ .• i , ._ . , . ..,- M ... ....„<,/ . c\,..._... . -_,...,......;._ OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ REG. SESSION SHAKOPEE, MINNESOTA JUNE 7, 1994 Mayor Laurent called the meeting to order at 7 : 00 PM with Cncl . Lynch, Beard, Dirks (7 : 10) and Sweeney present . Also present : Dennis R. Kraft, City Administrator; Barry Stock, Ass' : City Administrator; Lindberg Ekola, City Planner; Dave Hutton, Public Works Director; Karen Marty, City Attorney; and Judith S . Ccx, City Clerk. Councilmembers added to the agenda 15a) Aerial Platform Truck and 15b) Mini-Bypass . Sweeney/Lynch moved to approve the agenda as chanced. Motion carried unanimously. Mayor Laurent suggested moving at agenda number 10a) recognition of citizens before continuing with the agenda. Mayor Laurent presented an award to Daniel Zell and Marie Bisek for their actions in saving the life of Dale Kempenich. Mayor Laurent recessed the City Council meeting for an HRA meeting. Mayor Laurent reconvened the City Council meeting at 7 : 07 PM. Liaison reports were given by the Councilmembers . Mayor Laurent gave the Mayor' s report . Mayor Laurent recognized anyone in the audience wishing to speak on any item not on the agenda. Mr. Leroy Houser, 2021 Marschall Road, commented that the City Council should not be going through with the construction of a recreation center without a referendum or a ballot from the citizens of Shakopee. He stated that winter construction would add to the costs and that the City Council could not commit to only a $40 increase in taxes if the projected costs/utilities were not known for the building. He stated that Shakopee should be on a better open communication level with the Sioux Community. Mayor Laurent described partially how the Tax Increment Financing (TIF) funds work and the legislature in terms of utilizing TIF funds . Mr. Elmer Otto, 1057 Eastview Circle, requested that stop signs be placed at the intersection of Seventh Avenue and Dakota Street . Mayor Laurent informed Mr. Otto that this item is on the agenda and the signs should be installed in the near future . Official Proceedings of the June 7, 1994 Shakopee City Council Page -2- Mr. Joe Zak, 5371 Eagle Creek Blvd, stated that he was opposed to the building of a community center without a referendum. He suggested using an advisory referendum to complete the project . He stated that the sampling survey used should no: be referred to since it is not an accurate depiction. Mr. Zak stated that he would like a vote by the citizens, a statement of costs to run the facility and family membership costs to be determined to show the public . Mayor Laurent commented that the fees of running the building, membership costs, etc . are way ahead of wha: the Council has looked at so far. He stated that the $6 million cannot be placed on referendum according to the legislature . He explained that the vote last year told the Council that the citizens of Shakopee did not want to raise their taxes for this type of facility, but not that they did not want this type of facility. Councilmembers added to consent business : 10c) Shakopee Jaycees, regarding rental space; 131) 1993 Street Reconstruction for Public Works; 15a) Aerial Platform Truck and 15b) Mini Bypass . Councilmembers deleted from consent business : 12a) Fees for Adult Baseball Teams - Res . No. 4018 and 13g) Comprehensive Stormwater Management Plan. Dirks/Beard moved to approve consent business as modified. Motion carried unanimously. Lynch/Dirks moved to approve the Minutes of May 3rd and May 17th, 1994 . Motion carried unanimously. Sweeney/Beard moved to amend Ordinance 376 (on Pawn Shop regulations) as requested by Mr. Watzl . Cncl . Sweeney stated that he would not like to see record keeping of fire arms decreased. He stated that until Council has more experience with this Ordinance that it should remain as it is . John Nelson, American Pawnbrokers, stated that the video and computer use is very important in their business . Cncl . Beard asked whether video surveillance equipment used for security would be the same as video equipment to tape the transactions . He stated that Mr. Watzl wants to run a pawnshop and a gun retail store, but that would not be a good change to the ordinance . Pete Watzl, Sporting Arms, stated that he is not a pawnshop and a small portion of his business includes loaning money to people for firearms . He stated that he was asking for the amended change due to the cost of a computer and video equipment and the license fees . Official Proceedings of the June 7, 1994 Shakopee City Council Page -3- Chad Freeman, Sporting Arms, stated that the loaning of money for guns just started in March and is a small portion of their business . He stated that they are discouraging the loaning of money on handguns due to the Brady Bill . Mr. Marzario, 3300 Emerson Avenue South, stated that he complies with the ordinance and does not feel the need for an exception. He stated that the computers and video equipment is to help the police and should not be changed. Motion failed unanimously. Dirks/Beard moved to authorize the appropriate City officials to execute a lease agreement by and between the City of Shakopee and the Shakopee Jaycees for office space located on the second floor of the former City Hall building at a rate of $1 . 00 per month. (Motion carried under consent business . ) Mayor Laurent opened the public hearing at 8 : 03 p.m. on the proposed vacation of Jasper Road between CR-16 and Hauer Trail . Mr. Hutton gave a presentation on the vacation of Jasper Road which was initiated by the City Council . He stated that Jasper Road is a very steep road and with construction of Vierling Drive across to CR-16 that alleviated an access point on Jasper Road. Mr. Hutton explained that Hauer Trail cannot be extended to the East due to development and the cemetery. Mr. Hutton stated that he is not proposing to assess for this project . He outlined three options to facilitate the vacation. Don Ueland, 2767 Hauer Trail, stated that he did not want a cul-de- sac and stated that the hill was very steep. He suggested making his driveway connect to the intersection. Mr. Hutton stated the only costs would be removal of the old road and putting in sod and seed. Mr. Gene Hauer, 2088 Hauer Trail, stated that he would like to develop to the west and would like an access to CR-16 . Mr. Hutton explained that an access to CR-16 is a county issue and would have to be discussed with them. Mayor Laurent closed the public hearing at 8 :22 p.m. Beard/Sweeney moved to direct staff to prepare the resolution and legal description for vacating Jasper Road and a portion of Hauer Trail as described in Alternative No. 6, (long driveway) and report back to City Council with the completed resolution for action by the City Council . Motion carried unanimously. Official Proceedings of the June 7, 1994 Shakopee City Council Page -4- Mayor Laurent opened the pu _ic hearing at 8 : 24 p.m. on the Land Use Regulations (Zoning) . Ms . Marty explained the added portions to the ordinance as were delivered to Councilmembers a: the meeting. Cncl . Lynch commented on a d:g kennel that was being proposed in her neighborhood but turned down die to neighbor opposition. She stated that she would like doc kennels removed from rural residential, however, allowing it in agriculture zone but putting a distance restriction from adjoining properties, perhaps a half mile . She also stated that the cages should be bigger than 4x4 feet which allows two dogs in each. Larry Griffith, Valleyfair representative, was concerned that the major commercial recreation porticn of the ordinance was not a permitted use in the I-2 zone until their PUD was completed. Cncl . Sweeney stated that this concern was acknowledged by Council and that it was decided not to put this into the ordinance but rather the intent of Council would be sufficient until the PUD is completed. Mr. Griffith stated that all the drawings for the PUD are completed and they have met with the City Engineers to discuss other items of concern. His other concern was the date of December 7, 1994 for the exemption to the ordinance. He stated that it should be six months from when the ordinance becomes effective and asked that the date be changed. He suggested a 12 month extension to allow time for the PUD to be completed. Ms . Marty explained that the ordinance does not become effective until the mapping is complete . Mr. Ekola stated that June, July and August will be used for the completion of the Comprehensive Plan. He stated that staff would not begin the process of zone mapping until the Comp Plan is complete. Mr. Griffith made a request to be personally notified of the completion of the mapping process . He stated that he did not receive Section 11 . 60 covering the lighting in his packet of the ordinance . Mayor Laurent asked if there were further questions from the audience . There were none. Mayor Laurent closed the public hearing at 8 : 55 p.m. Sweeney/Beard offered Ordinance No. 377, an ordinance amending the City Code by repealing Chapter 11, Land Use Regulation (Zoning) ; Official Proceedings of the June 7, 1994 Shakopee City Council Page -5- Sec . 2 . 90, Official Maps - Effect and Procedures, of Chapter 2, Administration and General Government; and Sec . 4 . 30, Signs - Construction, Maintenance and Permits, of Chapter 4 , Construction Licensing, Permits and Regulations; and adopting one new chapter in lieu thereof relating to the same subject, and moved its adoption. Lynch/Sweeney moved to amend the ordinance Sec . 11 . 24 , rural residential zone, Subd. 3 , Conditional Uses by deleting paragraph G, kennels . Adding these terms to the Ag Zone under kennels : shall have cages of sufficient size and procedures to humanly treat the animals, animals shall be minimum of half a mile away from any residential zone other than Ag and limit the amount of animals in such kennels . Mr. Ekola stated that there are no such kennels in Shakopee at this time that would be made non-conforming. Cncl . Beard commented that Planning Commission and City Council has the ability to determine if these kennels are justified in their areas since kennels are a conditional use, therefore, the people will have to conform to certain procedures set forth. He did not feel there was a need to remove this item from rural residential zone. Ms . Marty pointed out that kennels are a permitted use in Ag Zone and a conditional use in the rural residential zone. She stated that there are conditions set out for each conditional use . She commented that she would not hesitate in adding these conditions . Cncl . Sweeney stated that limiting uses in Ag Zone could be conflicting with Statutory definitions . He stated that this item could be taken care of in the Ag Preservation Zone, Subd. 3 , Conditional Use, which limits hours of operation and so forth. Lynch/Sweeney moved to withdraw their previous motion. Sweeney/Lynch moved that kennels be removed from rural residential as permitted or conditional use . Motion carried with Cncl . Beard dissenting. Sweeney/Lynch moved to put the commercial kennel in the conditional use under agricultural uses . Motion carried unanimously. Sweeney/Lynch moved to amend the effective date under Section 6 that the final sentence in Section 6 read in no event shall the effective date for the property described in Exhibit A be earlier than June 7, 1995 . Motion carried unanimously. Motion carried unanimously on Ordinance No. 377, as amended. Official Prc:eedings of the June 7, 1994 Shakopee City Council Page -6- Mayor Lauren: opened the public hearing at 9 :24 p .m. on proposed curb and gutter improvements to CR-15 between 6th Avenue and 13th Avenue . Mr. Hutton cave a brief presentation on the County' s proposal to reconstruct CSAH 15 . He stated that the City is required to pay 50 percent of curb and gutter costs and that this could be assessed to the public under the new assessment plan adopted by the City Council . Mr. Hutton went over the assessment plan per property in this area. David Bloom stated that he is a corner lot and should be paying the 50 percent assessment . Mr. Hutton stated that was a mistake and Mr. Bloom should be assessed as a corner lot . Mr. Bloom also stated that he would like to see completion of the project before Fall . He asked whether the city would be taking back this road between 10th and 6th Avenue after the project is completed. Mr. Hutton stated that the city would not initiate such a process of retaining the street until the project was completed. Mayor Laurent closed the public hearing at 9 :35 p.m. Beard/Lynch offered Resolution No. 4013, A Resolution Ordering an Improvement for County State Aid Highway 15 (Adams Street) from 13th Avenue to 6th Avenue and moved its adoption. Motion carried unanimously. Mayor Laurent recessed for a break at 9 :35 p.m. Mayor Lauren: reconvened the City Council meeting at 9 :55 p.m. Discussion ensued on the recreation activity fees for adult baseball teams . Cncl . Sweeney stated that when the fee schedule was adopted it was to include all teams and not to exclude baseball teams . Cncl . Lynch stated that these teams were not notified of the meeting and have not been charged in the past so the Council should postpone their paying fees until next year. Mr. Stock stated that the Park Board determined to revaluate the fee schedule next year to include baseball teams. Mr. Joe Schleper, 542 E. 7th Avenue, commented that the group who helped build the facility should not be charged to use the building and field. He stated that the teams already pay for umpires, uniforms and equipment . Official Proceedings of the June 7, 1994 Shakopee City Council Page -7- Beard offered Resolution No. 4018, A Resolution Amending Resolution No. 3924 Adopting the 1994 Fee Schedule (Eliminating the $300 Recreation Activity Fee for the Shakopee Town Baseball Team, American Legion Baseball Team and 35 and Over Baseball Team) , and moved its adoption. Motion failed for lack of a second. Paulette Rislund, Chair of Park & Recreation Advisory Board, stated that since the baseball teams were not notified of the meeting discussing the fee schedules the Board felt it unfair to make them pay a fee for this year. Lynch/Dirks offered Resolution No. 4018, A Resolution Amending Resolution No. 3924, Adopting the 1994 Fee Schedule, and moved its adoption; and, implement an activity fee in 1995 . Motion carried with Cncl . Sweeney dissenting. Dirks/Beard offered Resolution No. 4019, A Resolution In Support of the City' s Participation in the Minnesota Cooperative Trail Grant Program, and moved its adoption. (Motion carried under consent business . ) Mr. Hutton gave a brief presentation concerning the request by Jack Anderson to keep a partial sidewalk in front of his house. The League of MN Insurance Trust and the City Attorney have expressed a concern with partial sidewalks and their liability. The City has in the past removed partial sidewalks unless a majority of people on that block want to keep the sidewalk then a complete sidewalk is put in. Sweeney/Lynch offered Resolution No. 4015, A Resolution Establishing a Policy on the Installation of Sidewalks on Local, Residential Streets and moved its adoption. Sweeney/Lynch moved to strike paragraph one and renumber the remaining three paragraphs one through three in Resolution No. 4015 . Motion carried unanimously. Cncl . Beard commented that if a property owner wants a sidewalk and his neighbor does not that the partial sidewalk should remain and that the liability should not be a concern. Resolution No. 4015 failed unanimously. Staff was directed to re- draft the resolution. Dirks/Beard moved to approve the application and grant a Pawnshop License to American Pawnbrokers, Inc . , 450 West 1st Avenue . (Motion carried under consent business . ) Official Proceedings of the June 7, .994 Shakopee City Council Pace -8- Dirks/Beard moved to approve the application and Grant a Pawnbroker, Metal Dealer and Secondhand Dealer' s license to John W. Nelson, American Pawnbrokers, Inc . , 450 West 1st Avenue . "Motion carried under consent business . ) Dirks/Beard moved to approve the applications and grant licenses to the following employees of American Pawnbrokers, Inc . : Timothy E . O' Leary, Dennis W. Nelson, Patrick T. Rockne, and Samuel Dean Rockne . (Motion carried under consent business . ) Dirks/Beard moved to approve the application and grant a Pawnshop License to Shakopee Pawn & Cash Co. , 1147 Canterbury Road. ;Motion carried under consent business . ) Dirks/Beard moved to approve the application and c=ant a Pawnbroker' s license to rank J. Marzario, Shakopee Pawn & Cash Co. , 1147 Canterbury Road. (Motion carried under consent business . ) Dirks/Beard moved to approve the applications and grant licenses to the following employees of Shakopee Pawn & Cash Co. : Sherrie L. Marzario, John R. Richards, Budd J. Rutter, II, Michael L. Gould, Nicholas P. Falco, Jessica C. Dold, and Corey L. Johnson. (Motion carried under consent business . ) Dirks/Beard moved to direct staff to replace the yield signs at 7th Avenue and Dakota Street with stop signs . (Motion carried under consent business . ) Dirks/Beard moved to authorize the hiring of Mark Erickson as Assistant City Attorney at pay step 1, subject to satisfactory completion of a drug test, criminal history background check, and driver' s license check. (Motion carried under consent business. ) Dirks/Beard offered Resolution No. 4020, A Resolution Making a Negative Declaration on the Environmental Assessment Worksheet for the proposed Prairie Bend Planned Unit Development . (Motion carried under consent business . ) Dirks/Beard offered a motion granting the developer of Dominion Hills 1st Addition an additional 180 days in which to file the Final Plat with the Scott County Recorder' s Office, and moved its approval . (Motion carried under consent business . ) Sweeney/Beard moved to direct staff to submit the Draft Comprehensive Stormwater Management Plan to all agencies for review and comment prior to City Council reviewing it . Jon Albinson suggested submitting the report for public review also, since it replaces a 1974 Comprehensive Stormwater Management Plan. Official Proceedings of the June 7, 1994 Shakopee City Council Page -9- Cncl . Sweeney suggested holding a public hearing after the agencies have reviewed the document . Mr. Hutton stated that the document is available for review by the public . Ms . Marty stated that this is an amendment to the Comprehensive Plan and there must be a public hearing. Motion carried unanimously. Cncl . Sweeney stated he received a phone call concerning an alley bounded by 8th Avenue, Holmes Street, 10th Avenue, and Fuller Street, questioning whether the property owner had to maintain the alleyway. Mr. Hutton stated that the City owns half of the alley, he stated that City has an eight foot strip on Plat 12 and nothing on the other side . Lynch/Sweeney moved to have Staff review this project and obtain any property necessary to make the 8 foot alley a 16 foot alley when Staff has the time to get to this project, within a years time. Motion carried unanimously. Mr. Hutton stated that he would like to draft the appropriate legal documents and have them signed by the property owners to bring back to the Council for further review. Dirks/Beard moved to approve the application and grant a temporary non-intoxicating malt liquor license to the Church of St . Mary for June 24th - 25th, 1994, at 535 S . Lewis Street . (Motion carried under consent business . ) Dirks/Beard moved to approve bills in the amount of $263, 341 . 36 . (Motion carried under consent business . ) Dirks/Beard moved to authorize staff to replace the shouldering type sander from Crystal, Inc. with a conventional sander and to accept a $3 , 000 . 00 cash reimbursement for this transaction. (Motion carried under consent business . ) Dirks/Beard moved to direct staff to notify S .M. Hentges & Sons, Inc . that Spencer Street, between 2nd and 3rd Avenue, can be considered permanent construction subject to the conditions and recommendations of the June 3 , 1994 testing report, but that the base course of asphalt for Fillmore Street must be removed and replaced due to poor compaction results . (Motion carried under consent business . ) Official Proceedings of the June 7, 1994 Shakopee City Council Page -10- Mr. Kraft discussed the 1994 Pay Plan for the Police Chief, City Engineer and City Attorney. He recommended that the salary levels be adjusted in order to bring the number of points and experience in line with the levels of compensation. Sweeney/Lynch moved to set to levels of compensation for the City Engineer and Police Chief a: Step 6 of their respective positions in the 1994 Pay Plan effective January 1, 1994 . Mr. Kraft stated that gender equity is figured into the pay plan and is consistent with comp worth law. Mr. Hutton explained the differences of the titles City Engineer and Public Works Director, with the latter being his official title . Motion carried unanimously. Dirks/Beard offered Resolution No. 4007, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Viking Steel Road From County Road 16 to Trunk Highway 101 and an Unnamed Street from County Road 16 to 4th Avenue, Project No. 1994-10 and moved its adoption. (Motion carried under consent business . ) Dirks/Beard offered Resolution No. 4016, A Resolution Ordering the Preparation of a Report on an Improvement to Maras Street, from 13th Avenue South and moved its adoption. (Motion carried under consent business . ) Dirks/Beard offered Resolution No. 4014, A Resolution Receiving a Report and Calling a Hearing on an Improvement to County Road 16, from County Road 17 to County Road 83 , Project No. 1994-11 and moved its adoption. (Motion carried under consent business . ) Dirks/Beard offered Resolution No. 4017, A Resolution Authorizing the Submittal of Three Applications for the Met Council Water Quality Initiative Grant Program and Moved its adoption. (Motion carried under consent business . ) Dirks/Beard moved to declare the present aerial unit as surplus equipment and authorized the City Administrator to take the appropriate action for disposal . (Motion carried under consent business . ) Dirks/Beard moved to waive the noise prevention section of the City Code for construction activities (Section 10 . 60 Subd. 3 .D) to allow C.S . McCrossan Construction, Inc. to perform paving operations at night on the Mini Bypass Project . (Motion carried under consent business . ) Official Proceedings of the June 7, 1994 Shakopee City Council Page -11- Mayor Laurent explained that Mr. Bell' s application was not completed and therefore he was not approved under the pawnshop ordinance . Ms . Marty stated that Mr. Bell' s application was not submitted until last week and not completed until yesterday. Doug Bell, 1501 East First Avenue, stated that in May they were incorporating and there was a staff problem also at that time which resulted in a burglary at the pawnshop. He stated that they were focusing on getting records to the police and rehiring staff and that' s why his application was late. Sweeney/Beard moved to grant Mr. Bell a two week temporary pawnshop license expiring on June 21, 1994 . Motion carried unanimously. Mayor Laurent adjourned the meeting to June 21, 1994 at 7 : 00 p.m. Meeting adjourned at 10 : 55 p.m. a Lt,44 ,: i • ex: dith S. Cox ty Clerk Debra Zabel Recording Secretary MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: July 8, 1994 1 . Attached is the Business Update from City Hall for July. 2 . Attached is a summary of the revised Plan of Action for the Village Apartments located on 4th Avenue East of Marschall Road. This is a HUD project and the new Plan of Action will have little effect on occupants . A copy of the plan is in the City Clerk' s office if anyone desires to see it . 3 . Attached is a memorandum from the Assistant City Administrator regarding Murphy' s Landing Trail . 4 . Attached are the July 7th agendas for the Planning Commission and Board of Adjustment & Appeals . 5 . Attached is the Police Newsletter for Council review. 6 . Attached is the Shakopee Fire Department Relief Association Annual Financial Report . 7 . Attached is correspondence from Bill Runge regarding TIF funds . 8 . Attached are the June 22, 1994 minutes of the Community Development Commission. 9 . Attached are the June 7, 1994 minutes of the Shakopee Coalition. 10 . Attached is the Monthly Progress Report from the Planning Department . 11 . Attached is the Monthly Report from the Engineering Department . 12 . Attached is a memorandum from the Public Works Director regarding vacation time . 13 . Attached is correspondence from the Assistant City Administrator to the Scott County Administrator regarding Murphy' s Landing Property (to date we have received no response) . 14 . Attached is a memorandum from the Public Works Director regarding MWCC Letter Regarding River Interceptor. 15 . Attached is correspondence that was sent to Marge Henderson, Joe Zak, LeRoy Houser and John DuBois from the Mayor regarding their meeting on the proposed community center. 16 . Attached is correpondence from LeRoy Houser in response to the above correspondence. 17 . Attached is the monthly report from the Assistant City Administrator/Community Services Director. # { BUSINESS UPDATE FROM CITY HALL Vol. 8 No. 7 Dear Chamber Member: July 1, 1994 Administration enhancement will augment existing transit programs in place. The proposed service will allow Shakopee On June 21, 1994 the Shakopee Council approved by residents to obtain public transportation from resolution the annexation agreement by and between Shakopee to the Eden Prairie Center transit hub. the City of Shakopee and Jackson Township. The From that location Shakopee residents will be able to access a wide variety of transit options including annexation provides for the inclusion of Township property located North of the Shakopee By-pass into express route service to Downtown Minneapolis, the Shakopee city limits. The annexation agreement Southdale Mall and the Bloomington Mega Mall. will go into effect when the Metropolitan Council approves the extension of the Metropolitan Urban It is expected that the proposed service will be implemented in early October. Fares for utilizing the Service Area to the area in question. The Minnesota Municipal Board is also required to approve the service have not been established at this time. annexation. Staff is optimistic that the Metropolitan However, it is expected that the fare structure will Council and Minnesota Municipal Board will act upon resemble the current fare structure being applied by the annexation yet this year. the MTC and the Shakopee Van Pool Program. Finance City Clerk On June 21, 1994 the City of Shakopee approved the 1993 Annual Financial Report. The Financial Report On June 7th, City Council approved Pawnshop was completed by the firm of Deloitte and Touche. Licenses for American Pawnbrokers, 450 West 1st The report indicated that the City of Shakopee is in Avenue and for Shakopee Pawn & Cash co., 1147 excellent financial condition. In terms of productivity Canterbury Road. the City of Shakopee was also on the average better than metropolitan communities in terms of the number On June 21st, City Council approved the 1994 Beer, of employees per capita. The auditor also indicated Wine and Liquor Licenses. They also approved a that Shakopee should be commended for the level of Massage Center License for Mip and Kurl, 238 So. outstanding debt and positive debt service schedules. Lewis and denied a Pawnshop License for B & B Pawn, 138 North Naumkeag. On June 21st. City Council changed the July meeting Park and Recreation dates to July 12th and 26th beginning at 7:00 p.m. Planning continues to move forward on the Shakopee community center project. During the week of June 6th, 1994 City staff interviewed project construction Community Development managers. Staff is optimistic that a construction manager will be selected in early July. The The Community Development Commission is currently construction manager will be utilized to prepare preparing a plan for the implementation of fixed route preliminary construction estimates and assist in the transit service to Eden Prairie Center during peak a.m. architect selection process. Architect selection is and p.m. travel times. The proposed transit service scheduled to occur in late July or early August. The Shakopee Park and Recreation Advisory Board is Police currently reviewing the information received at two public hearings in regard to community needs. These For the fourth year Shakopee's 5th grade students have community needs are being incorporated into the completed Drug Awareness Resistance Eduction. On facility design. The Shakopee Park and Recreation May 24th and 25th, evening graduation ceremonies Advisory Board is expected to make a recommendation were held for approximately 220 fifth grade students to the City Council in July with respect to the facility who participated in seventeen weeks of DARE design components. A recommendation will also be education. Students were presented their certificates made in regard to the preferred option for funding any by Mayor Gary Laurent, Chief Tom Steininger, and facilities that are needed above and beyond that which Officer Tom Crocker. This was Tom Crocker's first can be funded with the initial $6 million allocation. year working with the DARE program in our schools, and it was evident by the cheering graduates that he On June 21, 1994 the Shakopee City Council directed was well received by them. staff to prepare factual data that can be disseminated to all residents in Shakopee with respect to the process Members of the Shakopee Police Department and their that the City is currently undergoing with respect to a families have joined together to raise money for the community center. Staff is optimistic that a special American Cancer Society. Team members are edition of the Shakopee Newsletter will be distributed enthusiastic and looking forward to the "Walk in the in early July as directed by City Council. Park" celebration, held at Memorial Park on July 15th and 16th. See you there! Planning The Special Incident Response Team spent June 14th training at an abandoned house on C.R. 16. Under the BOAR Meeting 6-09-94 adverse, sultry weather conditions, team members 306 Sommerville Street Var. Side Setback Approved trained in full equipment, including ear microphones. 800 West First Ave. (Rahr) Var.Bldg Materials Cont.to 7-07 Shakopee team members were joined by members from 6896 Hwy 101 (Shiely Mine) Var. Mining Hours Denied other communities for this session. PC Meeting 6-09-94 CR 83-CR 16(Fischer Mine) CUP Renewal Approved Public Works/Engineering CUP Annual Review Approved g g 663 East CR 72 CUP Kennel/Clinic Approved 800 West First Ave. iRahr) CUP Height 150' Approved The Downtown Streetscape Project Phase II is 4401 Valley Industrial Blvd. Vacation Easement Rec. App. Cretex Ave-Railroad Rezoning B1 to 12 Rec.App. currently being advertised for bids. The bids will be Monnens Addition Pr:. &Final Plat Rec.App. considered by the City Council in July for awarding Prairie Bend PUD Pre. Dev. Plan Cont. to 7-07 the contract. Scherer South Addition Preliminary Plat Cont. to 7-07 Scherer South PUD Pre. Dev. Plan Rec.App. Final Dev. Plan Rec. App. The 1993 Street Reconstruction Project is moving Super 8-Eagle Creek Plaza Vacation Easement Rec.App. towards completion. 4th Avenue has been completed. Vierling Drive(poroen) Vacation Rec. App. Spencer St. is almost completely paved. The only street remaining to be completed is 8th Avenue, which Other Items Before the Planning Commission is proceeding on schedule. Comprehensive Plan Goals,Objectives. &Policies Discussion Item Discussed VierlingDrive between Adams St. and Presidential Enforcement Quarterly Reports Other Business Discussed PC Membership Opening Other Business Discussed Lane has been designed and is currently being Posting On Site Other Business Discussed advertised for bids. Trail Maintenance Other Business Discussed Tree Preservation Program Other Business Discussed The Zoning Ordinance text was approved by the City Council. The next step in the Zoning Ordinance Update will be mapping the districts. Amy Wicklund completed her internship with the Planning Department. DONOVA.N LAW OFFICE 5407 Excelsior Boulevard ClSuite B N Minneapolis, OF /�,gKOF Minnesota 55416 D JUN EF Telephone (612) 922-3957 7 1994 Facsimile (612) 922-8351 Thomas L. Donovan Certified as a Real Property Law Specialist by the Minnesota State Bas Assocation June 15, 1994 Mr. Paul Woxland CERTIFIED MAIL Department of Housing & RETURN RECEIPT REQUESTED Urban Development Loan Management Department 220 Second Street South Minneapolis, MN 55401 RE : Village Apartments Shakopee, Minnesota FHA Project No. 092-35051 Dear Mr. Woxland: Enclosed please find six copies of a revised Plan of Action ( "POA" ) of Shakopee 62 Partnership ( "Owner" ) with respect to the above captioned project. Also, enclosed is a copy of a revised Summary of the POA ( "Summary" ) which is being directed to the tenants of the above project. Please note that the POA incorporates the Owner's response to each of the issues raised in your deficiency letter of January 12 , 1994 . In addition, the POA evidences the Owner's decision to take the 8% annual authorized return option under LIHPRHA. Therefore, there is no equity loan and no ownership change being proposed under the POA. In addition, no rehabilitation loan is being requested under the POA. As before, I would request that all written communications from your office with respect to this matter be addressed to each of the following: Mr. Robert Iversen 6805 Iroquois Circle Shakopee, MN 55435 Mr. Harold W. Teasdale Minnesota Brokerage Group, Ltd. 5407 Excelsior Blvd Suite B June 15, 1994 Page 2 Minneapolis, MN 55416 Mr. Thomas L. Donovan, Esq. Donovan Law Office 5407 Excelsior Boulevard Suite B Minneapolis, MN 55416 By copy of this letter and its enclosures, the POA and the Summary is being filed with the Mayor's Office, City of Shakopee, Minnesota. In addition, the Owner or its property manager will immediately begin posting a copy of the Summary in a readily accessible location within each affected building of the project. The Owner knows of no tenant representative at this time. In the event a tenant representative comes to the attention of the Owner, all required notices, communications and materials will be provided to such tenant representative. Please call if you have any questions regarding the enclosed. Sincerely yours, Thomas L. Donovan cc (w/enc) : vayor Gary Laurent Certified Mail City of Shakopee Return Receipt Requested 129 East First Avenue Shakopee, MN 55379 Mr. Robert Iversen Mr. Harold W. Teasdale shax-pee.24 TO ALL RESIDENTS OF VILLAGE APARTMENTS In August, 1992 , Shakopee 62 Partnership (Owner) started a program with HUD which is commonly referred to as LIHPRHA. At that time the Owner copied you with the initial filing with HUD. The Owner also notified you in September, 1993 , of the LIHPRHA inspection by HUD of the Village Apartments The Owner filed its initial draft of the Plan of Action (POA) on November 12 , 1993 . HUD requested certain changes to the POA by a letter dated January 12, 1994 . This revised POA constitutes the Owner's response to HUD's letter. It also sets forth certain other changes to the original POA. The Summary of the revised Plan of Action is described below. You are welcome to review a full copy of this Plan of Action. The revised POA can be obtained from either HUD or the Owner at the address and phone number listed below. The Owner and HUD welcome your comments. However, any such comments must be made in writing by August 24 , 1994 . Please contact the Owner or HUD at the following address and phone number: Mr. Paul Woxland Loan Management Department Department of Housing & Urban Development 220 Second Street South Minneapolis, MN 55401 370-3013 Mr. Robert Iversen Brentwood Management Company 6805 Iroquois Circle Minneapolis, MN 55435 869-0180 SUMMARY OF PLAN OF ACTION The Owner intends to continue its ownership of the Village Apartments , extend the existing HUD low income affordability restrictions under LIHPRHA and receive an 8% Annual Authorized Return on its equity in the property. The Village Apartments will, therefore, continue to remain affordable to the existing tenants of the Project, and to future low and very low income tenants . In addition, certain repairs and replacements described in the POA will be made to the Village Apartments by the time of the POA closing. Tenants in the Project will generally not be affected by the LIHPRHA process . Brentwood Management Company will continue to act as the property manager of the Project. In addition, current management policies and occupancy policies will generally continue in effect. This process may take another six months to complete. We will keep you informed as we go along. Please call Robert Iversen at 869-0180 if you have any questions. Robert Iversen Brentwood Management Co. ahakopee.14 MEMO TO: Shakopee City Council FROM: Barry A. Stock, Assistant City Administrator RE: Murphy' s Landing :rail - Non Agenda Informational DATE: June 21, 1994 INTRODUCTION: Attached is a correspondence that was received from Mr. Steve Rose, Minnesota Valley Trail Specialist regarding the status of the agreement by and between Murphy' s Landing and the DNR with respect to the Minnesota Valley Trail alignment through Murphy' s Landing. The City has also received a copy of the complete memorandum of understanding which was mutually agreed upon by the representatives of Murphy' s Landing and the DNR officials . A copy of the memorandum of understanding has also been attached. No official City action is needed at this time. At a later date the DNR will be appearing before the City Council to seek a permanent easement to clearly define the trail alignment through Murphy' s Landing. It is expected that this process will take in excess of six months . Formal Council action will be needed at that time . hi STATE OF DEPARTMENT OF NATURAL RESOURCES PHONE NO. =.LE NC 3une 20, 1994 Shakopee City Council ::/o Barry Stock 129 Holmes Street South Shakopee, MN 55379 Dear Mr. Stock: MOU - MURPHY' S LANDING AND DEPARTMENT OF NATURAL RESOURCES Please find the enclosed MOU which pertains to the Minnesota Valley Trail crossing through Murphy' s Landing. The terms of the agreement were mutually agreed upon by the representatives of MN Valley Restoration Project and the Minnesota Department of Natural Resources. As we have discussed previously, we will be seeking a permanent easement to further delineate the precise corridor on which the trail will be constructed. We anticipate this process will take about six months, at which time we will present the appropriate documents to the city for it' s approval. Thank you for your assistance in this matter. Sincerely, C7C-I'lle /264 Steve Rose Minnesota Valley Trail Specialist AN EQUAL OPPORTUNITY EMPLOYER . . DUPLICATE MEMORANDUM OF UNDERSTANDING THIS AGREEMENT, made this <-71/o AC-1'1994 by and between the Minnesota Valley Restoration Project Inc. a corporation under the laws of Minnesota and the Minnesota D partment of Natural Resources. WHEREAS, Minnesota Valley Restoration Project, Inc. is the legal tenant of the City of Shakopee, a political subdivision of the State of Minnesota, and is in the business of operating the Historic Murphy's Landing a living museum located in the Minnesota River Valley. WHEREAS, The Minnesota Department of Natural Resources and The City of Shakopee have reached agreement to transfer a portion of the leasehold estate to the State of Minnesota for State recreational trail purposes, and WHEREAS, The State of Minnesota, Department of Natural Resources and Minnesota Valley Restoration Project, Inc. desire to setforth their intentions in this memorandum which delineates the parties obligations before, during and after the trail grade's construction on the leasehold estate. THE STATE OF MINNESOTA, DEPARTMENT OF NATURAL RESOURCES AGREES TO THE FOLLOWING TERMS AND CONDITIONS: 1. COSTS Assume all costs related to the development, construction, operation and maintenance of the Minnesota Valley Trail to be constructed along the Minnesota River, to the extent possible, on an existing pathway, more specifically described in Exhibit A. 2. CONSTRUCTION EFFORT Construct the trail grade from Memorial Park to County Road 18 in one complete effort rather than in segments. 3. PUBLIC RESTROOMS Construct, a public restroom facility near the lift station as it currently rests on the site. 4. ADDITIONAL PARKING SPACES Construct ten additional parking spaces in both the "East" parking lot and "West" parking lot of Murphy's Landing. 5. OVERALL DESIGN PLAN A. Review of Plan The trail design, parking space design and restroom facility design will be reviewed by Minnesota Restoration Project, Inc.'s Executive Director prior to letting the construction bid. B. Site User Groups The State designer, or agent thereof shall pay particular attention to separating the trail user group from the Museum user group. C. Style The trail design shall be architecturally sensitive to the historic nature of the museum. Including but not limited to, conservative use of contemporary signs, use of historic fencing that is both aesthetically appropriate and provides security for the museum site. Particularly, wrought iron fencing will be constructed in the "overlook" area, while chain link fencing used in conjunction with natural plantings, landscaping and burming on the remainder of the trail grade. D. Construction material The trail shall be designed to use natural materials to the extent practicable and designed in a manner that least interferes with the Murphy's Landing operation. The trail grade shall have a bituminous surface. E. Gates In an effort to reduce access by trail users to Murphy's facility, the State of Minnesota will erect, at its own expense, three gates at mutually agree upon locations 6. ENFORCEMENT Once the trail is constructed, the State shall work with representative of Minnesota Valley Restoration Project, Inc. for the appropriate coordination of security and general patrolling. 7. MAINTENANCE OF TRAIL GRADE The Department shall use best efforts in maintaining the trail during the museum's off hours, thereby minimizing interference with Murphy's Landing user group. 8. HUNTING AND SHOOTING There shall be no random public hunting or shooting permitted on the site at anytime. Shooting ranges will be developed only upon express written consent of the Executive Director of Minnesota Valley Restoration Project, Inc. MINNESOTA VALLEY RESTORATION PROJECT INC. AGREES TO THE FOLLOWING: 1. RESTROOM Assume the daily maintenance and up-keep for the public restroom facility. 2. APPROPRIATE USAGE OF SITE Assist in providing the public with information on the proper use of the entire site, through proper signage, kiosks, and brochures. 3. SECURITY AND PATROLLING To work with the State in the coordination of security issues and general patrolling of the site. IT IS FURTHER UNDERSTOOD That the State shall at its own expense be undertaking a survey of the trail grade area and shall work with the State Archeologist in the design and construction phases. Each party will cooperate to the extent necessary to accomplish and satisfy the terms and conditions listed above as expeditiously as possible. MINNESOTA VALLEY RESTORATION PROJECT, INC. i//./ . Shirley 0/ on Its: Executive Director MINNESOTA DEPARTMENT OF NATURAL RESOURCES William Morrissey Its: Director Division of Parks and Recreation THIS INSTRUMENT WAS DRAFTED BY: Bureau of Real Estate Management Department of Natural Resources EXHIBIT Minnesota '•alley Trail Scot: County Farce: 159 - City c. S akctee `-turphv's Landinz That part cf Lots:s Gc� r^ent Lo1 and : of Se__ion _- . Township 115 _,- L l and and :he Northwest Rat.e 2 West, and lover... _t Lots - .arter of the Northeast Quarter of Section 5 , T., 115 . rh, Range ' .est , Scott Coun . , Minnesota, easterly of the fol_cw_n¢ described line : tor- he souther_' shoreline of the .Beginning the _..terser .. o: t:g` - 's at - d- parallel and 30 fee: north �t1..^.es..:a �iVe� and a`f-i�eC:'2,�' thence westerly V along said line of north bank of C ' parallel and 30 feet north of the north bank of Mill drawn a_ ' withline Creek a distance of :CO feet; thence southeasterly along a 100fee_ of the top of the paral:e'_ with and southwesterly . southerly bank cf the Minnesota River for a distance of 270 feet; thence southwesterly a: a right angle to said river for a distance of 150 fee:: thence southeasterly along a line parallel with and 250 feet southwesterly of the too of the southerly bank of the Minnesota River for a distance of 200 feet; thence easterly for a distance of 350 feet to a point 50 feet southerly of the top of the southerly bank of the Minnesota River; thence easterly 200 feet to a point 20 feet southerly of the existing trail; thence easterly, northerly, southe. sterly and easterly along a line 20 fee: southerly of the existing trail for a 3500 feet to the east line of said Government Lot 1 distance of of Section 5 and there terminating. Containing 13 acres , - more or less . Minnesota Valley Trail Scott County Parcel - Scott County R-S 1'1 '0/91 Murphy's Landing Revised: RE- 12/31/91 That part of the West 1000 feet of Government Lot 3 of Section 4, Township 115 North, Range 22 West, Scott County, Minnesota, being a strip of land 100 feet in width lying 50 feet on each side of the following described center line: Commencing at the intersection of the northerly right-of-way line of said Trunk Highway No. 101 and a line drawn parallel with and 1000 feet East of the west line of said Section. 4; thence northerly along said line 570 feet to a point 140 feet southerly of the natural ordinary high water mark of the Minnesota River and the point of beginning; thence westerly 1000 feet to a point cn the west line of said Government Lot 3 in the center line of an existing trail and there terminating. Containing approximately 2. 3 acres. TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN July 7 , 1994 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the June 9 , 1994 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens . 5 . Approval of Consent Agenda - (All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 6 . 7 : 50 P.M. PUBLIC HEARING CONTINUED: To consider the preliminary plat of Eagle Creek Bluff Addition, located east of CR 18 and south of Boiling Springs Lane. Applicant: VanZee Homes, Inc. 7 . 7 : 55 P.M. PUBLIC HEARING CONTINUED: To consider the preliminary and final plat for the Scherer South Addition Planned Unit Development, located north of 4th Ave. , south of Hwy 101 and west of Certainteed. Applicant: Scherer Brothers Lumber 8 . 8 : 00 P.M. PUBLIC HEARING CONTINUED: To consider the Preliminary and Final Development Plan for the Prairie Bend Planned Unit Development, lying south of East 4th Ave. and south and west of the Knights of Columbus Hall . Applicant: Sienna Corp. 9 . 8 : 05 P.M. PUBLIC HEARING: To consider the preliminary plat for Prairie Bend Addition, lying south of East 4th Ave. and south and west of the Knights of Columbus Hall. Applicant: Sienna Corp. 10 . 8 : 10 P.M. PUBLIC HEARING: To consider an amendment to the City's 1980 Comprehensive Plan to change the land use on a 20 acre parcel from Multi Family Residential to commercial designation. The property is located north of the intersections of CR 16, Roundhouse Circle and Sarazin St. Applicant: Midwest Commercial Development, Inc. *11. Review: BMX Bike Track - CUP Resolution No. 668, Review of Condition No. 9 . 12 . Other Business A. 1995 - 1999 Capital Improvement Program B. Comprehensive Plan Goals and Objectives C. Follow-up on June Meeting Requests (Verbal) 13 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN July 7 , 1994 Chairperson William Mars Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of June 9 , 1994 , Meeting Minutes 4 . Recognition by Board of Adjustment and Appeals of Interested Citizens. 5 . 7 : 30 P.M. PUBLIC HEARING: To consider an application for an 11. 8 ' variance from the front yard setback requirement of 50' from a Minor Arterial street, and a variance from the acceptable exterior building material requirements in order to keep the building appearances uniform at 800 W. 1st Ave. Applicant: Rahr Malting Company Action: Resolution No. 684 6 . 7 : 35 P.M. PUBLIC HEARING: To consider an application for a 12 ' variance from the required 30' front yard setback in order to build an addition and deck onto the house at 910 E. 8th Ave. Applicant: Mary L. Zorn Action: Resolution No. 690 7 . 7 : 40 P.M. PUBLIC HEARING: To consider an application for a 5' variance from the rear yard setback requirement of 30' in order to add a screen porch onto the residence at 979 Goldenrod Lane. Applicant: Dennis Krampotich Action: Resolution No. 688 8 . 7 : 45 P.M. PUBLIC HEARING: To consider an application for a variance of 114 sq. ft. from the maximum 150 sq. ft. of signage allowed for a free standing sign at 6220 Hwy 101 S . Applicant: CAN AM Recreational Vehicles Action: Resolution No. 689 9 . Other Business a. b. 10. Adjourn Lindberg S. Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS: I. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. 3, OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee, Minnesota June 9 , 1994 MEMBERS PRESENT: Madigan, Mars, DuBois, Christensen MEMBERS ABSENT: Joos STAFF PRESENT: Lindberg Ekola, Planning Director Paul Bilotta, Senior Planner Dave Nummer, Staff Engineer Lisa Anderson, Recording Secretary I. ROLL CALL Vice Chrmn. Mars called the meeting to order at 8 : 01 p.m. The roll call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE MAY 5, 1994, MEETING MINUTES The minutes of the May 5, 1994, meeting were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Vice Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. APPROVAL OF CONSENT AGENDA Motion: Comm. Christensen/Madigan offered a motion to approve the Consent Agenda as presented. Vote: Motion carried unanimously. VI. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 150' TALL BUILDING IN A DISTRICT WITH A MAXIMUM HEIGHT REQUIREMENT OF 45' , UPON THE PROPERTY LOCATED AT 800 W. 1ST AVE. - RAHR MALTING COMPANY - RESOLUTION NO. 683 . Vice Chrmn. Mars opened the public hearing regarding the above entitled matter. The Planning Director gave a brief update regarding this matter. He stated that Rahr Malting Company has submitted an application for a Conditional Use Permit to construct an addition to present storage facilities that will exceed the 45 foot height limit. The land is Minutes of the Page - 2 Shakopee Planning Commission June 9, 1994 currently zoned Heavy Industrial (I-2) . The proposed grain storage tower will be 150 feet above grade level and have a capacity of approximately 1, 000, 000 bushels of grain. The building would be constructed of concrete. Upon review of the Flying Cloud Airport Comprehensive Plan, staff has determined that the structure will not interfere with existing or future flight approach areas. The addition of the proposed storage facility will not affect the need for utilities or parking. The Planning Director stated that staff is recommending approval for this Conditional Use Permit request. Mr. Dan Hennes, Plant Manager, 800 West 1st Avenue, Shakopee, Minnesota, approached the podium. He stated that they are looking at building a storage facility for the new Malt house. He stated that this new facility will be located on the east end of the property and will blend in with the existing elevator storage. He stated that this facility will be built out of concrete and has no intention of ever painting this storage facility. Vice Chrmn. Mars asked whether this expansion will increase the traffic load. The applicant responded that it will increase the railroad traffic. Motion: Comm. Madigan/Christensen offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Christensen/Madigan offered a motion for approval of the Conditional Use Permit Resolution No. PC- 683 , and move its adoption. Vote: Motion carried unanimously. VII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR THE RENEWAL OF MINERAL EXTRACTION AND LAND REHABILITATION CONDITIONAL USE PERMIT NO. 376, TO CONTINUE THE GRAVEL MINING OPERATION UPON THE PROPERTY LOCATED WEST OF CR 83, SOUTH OF CR 16 AND NORTH OF VALLEY VIEW ROAD - FISCHER AGGREGATE, INC. Vice Chrmn. Mars opened the public hearing regarding the above entitled matter. The Planning Director gave a brief summary regarding this matter. He stated that Condition No. 1 of the Conditional Use Permit and the Mineral Extraction and Land Rehabilitation Permit No. 376 requires an annual review of the mining operation, and a renewal of the permits every three years. The subject site is located west of CR 83 and south of CR 16, within the Agricultural Minutes of the Page - 3 Shakopee Planning Commission June 9, 1994 Zoning District. A renewal of the permit is required in 1994 . He stated that in 1991, the Shakopee City Council adopted Ordinance No. 304 . This ordinance deleted mineral extraction as a Conditional Use in the Agricultural and Rural Residential Zoning Districts. The existing mining operation at the subject site is a legal nonconforming use. The Planning Director stated that this operation is to be operated in compliance with conditions to be established with the Conditional Use permit. In the review of this operation last year, it was discovered that two of the conditions were not being complied with due to the width and side slopes. He stated that Fischer Aggregates, Inc. , has prepared an amendment to the Planning Commission which has been tabled primarily until the zoning ordinance update was completed. The Engineering and Planning staff have inspected the subject property and conducted a review of the conditions as stated in the Conditional Use Permit. The Planning Director stated that staff recommends to the Planning Commission that the renewal be approved, subject to either amending Conditions 16 and 17 or coming into compliance with Conditions 16 and 17 or by the date of December 31, 1994 . There was a brief discussion clarifying the request. It was clarified that the proposal is not for the amendment but for the renewal of Resolution 376 which is previously approved. It does have two conditions in noncompliance, but those would be taken up in the amendment process. Comm. Christensen stated a concern that a lot of time is spent discussing these issues and then the applicants sometimes don't hold true to their promises. Mr. John Voss, Planning Consultant, Fischer Aggregates, Inc. He stated that they have a much more thought-out plan in which they are proposing than what was previously presented. He gave a brief summary of the proposed plan. Vice Chrmn. Mars asked if 50 average daily trips ingress and egress County Road 83 is an accurate figure. Mr. Peter Fischer, Fischer Aggregates, Inc. , Apple Valley, approached the podium. He responded that 50 average daily trips is an accurate figure. Mr. Todd Bolander, 1456 Sharon Parkway, Shakopee, Minnesota, approached the podium. He stated that he Minutes of the Page - 4 Shakopee Planning Commission June 9, 1994 feels the applicant is requesting a Conditional Use Permit in order to enlarge the area, purchase more land, dig deeper, and screw up the water table. He stated there are a lot of homes out there and the people he has talked to don't want this changed. He is very much against this Conditional Use Permit and would not like to see it be approved. He feels that there is more like 300 average daily trips and doesn't agree that 50 is an accurate number. Ms. Beverly Koehnen, 2036 Canterbury Road, Shakopee, Minnesota, approached the podium. She stated that she has been before the Planning Commission several times regarding this matter and stated her concerns. She is very much against approving the Conditional Use Permit. She went through the conditions and stated that she feels a lot of the conditions have not been net in the past. Mr. Kenneth Rutt, 1750 Canterbury Road, Shakopee, Minnesota, approached the podium. He stated that he would like to see this Conditional Use Permit approved because it is a good plan and it will help get the place cleaned up. He feels this would improve this area greatly from the way the previous owners took care of it. Mr. John Voss, Planning Consultant, Fischer Aggregates, Inc. , approached the podium. He addressed some of the concerns brought forward by the public. He stated that all the conditions have been met with the exception of 16 and 17, and stated his plan will improve the area. Ms. Shirley Rutt, 1750 Canterbury Road, Shakopee, Minnesota, approached the podium. She stated that Fischer Aggregates Inc. , have a good proposal to really clean the area up and would like to see this Conditional Use Permit approved. Comm. Christensen stated that some type of clause should be made stating that if the conditions are not met during the year, that the permit be taken away. She is tired of seeing promises made by applicants, only to be broken at a later date. Motion: Comm. Madigan/DuBois offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. DuBois/Madigan offered a motion approving the renewal of the Conditional Use Permit and the Mineral Extraction and Land Reclamation Permit No. 376, Amendment No. 1, and Amendment No. 2 , subject to either amending Conditions 16 and 17 or coming into compliance with Conditions 16 and 17 by December 31, 1994 . Minutes of the Page - 5 Shakopee Planning Commission June 9, 1994 Comm. Christenson stated she would like the Motion changed to include a clause stating that if all conditions are not met, the permit can be revoked. Amendment to the Motion: Comm. DuBois/The motion is the same as previously stated with the addition that a semi- annual review of the operation would be part of the Conditional User Permit. Amendment to the Motion failed due to a lack of a second. Vote: Motion carried unanimously. Motion: Comm. DuBois/Christenson offered a motion requesting Staff to do a review of the operation no later than August 31 of each year. Vote: Motion carried unanimously. VIII. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO OPERATE A VETERINARY CLINIC AND A KENNEL TO BOARD APPROXIMATELY 10 DOGS UPON THE PROPERTY LOCATED AT 663 E. CR 72 . - GREGORY T. MILLER DVM - RESOLUTION NO. 686. Vice Chrmn. Mars opened the public hearing regarding the above entitled matter. The Senior Planner gave a brief summary regarding this matter. He stated that the applicant is requesting a Conditional Use Permit to operate a veterinary clinic and a ten dog kennel upon his property at 663 East CR 72 , and located in the R-1 Zoning District. The operation would include preventative medicine, therapeutic medicine, surgery, dentistry, sales of prescription drugs and pet foods, and the boarding and grooming of dogs and cats. The applicant is proposing regular business hours of between 9 : 00 a.m. and 8 : 00 p.m. He stated that the applicant does not anticipate having the animals outside of the clinic/kennel except during transportation to and from the site. The Senior Planner stated that staff is recommending approval of the Conditional Use Permit subject to the conditions as stated in the Staff Report. Mr. Gregory T. Miller, 663 East County Road 72 , Shakopee, Minnesota, approached the podium. He stated that he doesn't plan to turn this into a business practice. He has two other veterinary practices and he regards this as Ninths of the Page- 6 Shakopee Planning Commission June 9, 1994 an artillery type of business. He doesn't want any problems with his neighbors. Mr. Jim Hayes, 4095 County Road 79, Shakopee, Minnesota, approached the podium. He stated that a concern about noise control. He is not opposed to this Conditional Use Permit, he just wanted some clarification. Motion: Comm. Christenson/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Christensen/Madigan offered Conditional Use Permit Resolution No. 686, a Resolution granting a Conditional Use Permit allowing the applicant to operate a veterinary clinic and 10 unit kennel within the Rural Residential (R-1) Zoning District, subject to the following conditions, and move its adoption: 1. The maximum number of pets to be boarded at any given time shall be limited to 10. 2 . The hours of operation shall be limited to between 9 : 00 a.m. to 8 : 00 p.m. , except for emergencies. 3 . Pets may be kept on the premises overnight for the following purposes: 1. ) Hospitalization; 2 . ) Short term vacation boarding. 4 . The applicant shall submit a plan for the disposal of animal waste, remains, infectious waste, and laboratory waste. The animal waste disposal plan must be approved by the Planning Department prior to the release of the building permit. 5. A separate septic system and drainfield shall be installed for use by the veterinary clinic and kennel only. 6. All cages in use must be cleaned daily as often as necessary for sanitary reasons and to control odors. 7 . All animals must be confined within the clinic/kennel, except for transportation to and from the clinic, and during exercise runs. During exercise runs, animals must remain on a leash, and the attendant must remove and dispose of any fecal matter in a sanitary manner. The applicant must not construct any outdoor runs for the animals. Minutes of the Page - 7 Shakopee Planning Commission June 9, 1994 8 . The maximum of 5 employees (including the property owner) may work on the site at any given time. 9 . The facility must meet all state and county health code requirements. 10. If the City receives any valid complaints, staff will bring the conditional use permit back to the Planning Commission for review. Vote: Motion carried unanimously. A short recess was taken at 9 : 30 p.m. Reconvene at 9 : 40 p.m. IX. PUBLIC HEARING CONTINUED: TO CONSIDER THE PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR THE SCHERER SOUTH PLANNED UNIT DEVELOPMENT, LOCATED NORTH OF 4TH AVE. , SOUTH OF HWY. 101 AND WEST OF CERTAINTEED. Vice Chrmn. Mars opened the public hearing regarding the above entitled matter. The Planning Director gave a short summary regarding this matter. He stated that Scherer Brothers Lumber has submitted applications for approval of both the Preliminary Development Plan and the Final Development Plan for proposed Planned Unit Development for Scherer South. The subject is to be located on the north side of 4th Avenue and West of the existing Certain-teed site. He stated that staff recommends the approval of the Preliminary and Final Development Plans subject to the conditions as stated in the Staff report. Comm. Mars asked the days of the week this company would be in operation. The Planning Director responded Scherer Brothers Lumber would be open Monday through Friday and not open on the weekends. Mr. Robert Olson, 5010 Hillsboro Avenue North, Minneapolis, Minnesota, approached the podium. He displayed a diagram of the office portion of the main building completion. He stated that the balance of the building would be concrete, the exterior would be masonry, and the roof shingled and sloped. Mr. Olson also displayed a map and gave a description of what the outdoor storage will look like. Minutes of the Page - 8 Shakopee Planning Commission June 9, 1994 The Planning Director commented that the project as proposed by the developers from 4th Avenue, is working well as meeting the contents of the ordinance. Motion: Comm. Christensen/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. DuBois/Madigan offered a motion recommending approval of the Preliminary and Final Development Plans for the Scherer South Planned Unit Development to the City Council, subject to the following conditions, and move its approval: 1. The following variances from the Zoning Ordinance are approved: A. Section 11. 03, Subd. 3 .C, regarding Lot Provisions, which states, "Except in the case of planned developments as provided for hereinafter, not more than one principal building shall be located on a lot" . The approval of this PUD allows the following buildings to be constructed on the subject site: a. Office Building. A one story office structure which includes a 2 , 230 square foot hardware sales area and a 1, 530 square foot display area. Millwork/Warehouse. A single story structure, 64, 000 square feet in area, used as a millwork warehouse. Closed Dock. Loading dock and connecting link between office and millwork / warehouse structure, 3 , 299 square feet in area. b. Garage. A single story, 4, 800 square foot structure, used for light maintenance, washing, and parts storage. c. Warehouse. A single story structure 30, 000 square feet in area, used for cold storage for roofing, siding, and related hardware. d. Covered Storage. 24 , 800 square feet of covered storage, open on one side only. The back of this structure will form perimeter screening and fencing for the site. e. President Homes. A warehouse, 2, 400 square feet in side, and 4 , 800 square Minutes of the Page- 9 Shakopee Planning Commission June 9, 1994 feet of open loading docks. To include a small office and restroom facility. B. Section 11. 05, Subd. 4 .B, regarding Fences, which states, "Fences in excess of the above heights shall require a Conditional Use Permit" (or approval through a PUD) . The approval of this PUD allows a fence, eight (8) feet in height, to be constructed on the subject site. The fence shall be located within the areas designated on the site plans. Barbed wire fences shall not be permitted on the site. C. Section 11.33, Subd. 3 .N, states that "retail sales and displays are allowed as a Conditional Use when they are necessary to a permitted principal use carried on in a structure located on the premises, but the area so used shall not exceed 15 percent of the principal structure" . The PUD shall comply with the requirements of Section 11. 33 , Subd. 3 .N. The office, dock, and millwork / warehouse building serves as the principal structure on the subject site. The applicant's submittal identifies 3 ,760 square feet of retail (display and hardware) area within this proposed structure. Retail operations shall be limited to Monday through Friday from 6 a.m. to 6 p.m. The calculations as per Section 11. 33 , Subd. 3 .N would be as follows: Office (First Floor / Phase I only).1, 400' sq. Closed Dock (40' x 80' ) 3 ,200' sq. Millwork / Warehouse (160' x 240' ) 36, 600' sq. Total Area of Principal Structure 51, 200' sq. 3 , 760' sq. Total Retail Proposed by Applicant 51, 200 'sq. Total Area of Principal Structure = 7 . 35% of Structure 2 . The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the Planned Unit Development must be filed with the Scott County Recorder. B. A Major Subdivision plat must be approved and recorded for the subject site. Minutes of the Page -10 Shakopee Planning Commission June 9, 1994 3 . The following must be approved prior to approval of the Preliminary and Final Development Plans by the City Council: A. The Stormwater Management Plan, including the stormwater calculations and ponding design, must be approved by the City Engineer prior to the approval of the PUD by the City Council . B. Verification of the approval of the Stormwater Management Plan by the Lower Minnesota Watershed District must be submitted to the City prior to the approval of the Final Development Plan for the PUD by the City Council. C. A revised landscape plan must be approved by the Planning Director prior to the approval of the PUD by the City Council. 4 . The following must be completed prior to the recording of the Development Agreement 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 Planned Unit Development prior to the recording of the Final Development Plan with the Scott County Recorder's Office. B. The applicant shall submit verification that the private sanitary sewer easements between the property owner to the west (Certain Teed, owned by Saint-Gobain Corporation) and Scherer Bros. have been completed and executed. C. The applicant shall submit verification that easements for the 8" private watermain proposed for the site have been completed and executed. The existing 1" water service line in 4th Avenue to Scherer South will be disconnected and plugged at the 12" main. D. The applicant shall submit a revised Final Development Plan which shows the location of the easement for the VIP sewer. 5. Approval of the Preliminary and Final Development Plans are contingent upon the following: Minutes of the jure 9, 19 Page -11 1 Shakopee Planning Commission 4 A. Approval of the Final Development Plan is contingent upon the approval of the Preliminary Grading and Drainage Plan and the Erosion Control Plan by the City Engineer. B. Approval of the Final Development Plan is contingent upon the resolution of the stormwater issues. 6. The following must be completed prior to the approval of a Building Permit: A. All proposed signage requires the approval of Sign Permits from the City of Shakopee, and must meet the requirements of Section 4 . 30, Subd. 4 . B. The applicant shall comply with all requirements of Scott County Environmental Health (SCEH) regarding Hazardous Waste licenses. C. The applicant shall agree to construct a concrete reinformed slab (20' x 24 ' x 18" thick) beneath the railroad spur ballast to protect the existing 27" RCP CL 3 sanitary sewer. D. A total of two fire hydrants are required to serve the site, and each must flow 1, 500 gallons when both are in use. The additional hydrant will be required to be located on the east side of the office building and parking lot. E. The applicant shall pay the existing special assessments against this property prior to the approval of the Building Permit. Vote: Motion carried unanimously. X. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT FOR THE SCHERER SOUTH ADDITION, LOCATED NORTH OF 4TH AVE. , SOUTH OF HWY 101 AND WEST OF CERTAINTEED. - SCHERER BROTHERS LUMBER. Vice Chrmn. Mars opened the public hearing regarding the above entitled matter. The Planning Director stated that staff would like this public hearing be continued to the July 7 , 1994 , Planning Minutes of the Shakopee Planning Commission Page -12 June 9, 1994 Commission meeting to allow time for the stormwater issues to be resolved. Motion: Comm. Christenson/DuBois offered a motion to continue the public hearing to the July 7, 1994, meeting of the Planning Commission, and move its approval. Vote: Motion carried unanimously. XI. PUBLIC HEARING CONTINUED: TO CONSIDER THE PRELIMINARY DEVELOPMENT PLAN FOR THE PRAIRIE BEND PLANNED UNIT DEVELOPMENT, LYING SOUTH OF EAST 4TH AVE.AND SOUTH AND WEST OF THE KNIGHTS OF COLUMBUS HALL. - SIENNA CORP. Vice Chrmn. Mars opened the public hearing regarding the above entitled matter. The Senior Planner stated that the applicant has been working with a potential developer to the east of the Prairie Bend development to slightly redesign one of the street locations. This change will allow a major grouping of full-grown trees to be saved when the eastern property is developed. Due tot he drafting changes required, the applicant has requested that the case be continued until the July meeting. He stated that staff applauds the applicant's willingness to cooperate with adjacent property owners in order to minimize future environmental impacts and recommended that the Planning Commission grant their request for continuance. Motion: Comm. DuBois/Madigan offered a motion to continue the public hearing for the Prairie Bend Planned Unit Development to the July 7, 1994 , meeting of the Planning Commission, and move its approval. Vote: Motion carried unanimously. XII. PUBLIC HEARING CONTINUED: TO CONSIDER THE REZONING OF A 7. 5 ACRE PARCEL LYING SOUTH OF CRETEX AVE. AND NORTH OF THE RR TRACK FROM HIGHWAY BUSINESS (B-1) TO HEAVY INDUSTRIAL (I-2) - PRINCESS MARBLE. Vice Chrmn. Mars opened the public hearing regarding the above entitled matter. The Senior Planner gave a brief update regarding this matter. He stated that the applicant has submitted an application for an Amendment to the Zoning Map. They are requesting that the City rezone a 7. 5 acre site from Highway Business to Heavy Industrial. The site is being Minutes of the Page -13 Shakopee Planning Commission June 9, 1994 proposed for industrial development by the applicant and is located south of the Blue Lake Treatment Plant on the south side to T.H. 101. The area is currently zoned B-1, Highway Business. The Senior Planner stated that one thing unique about this parcel is that currently, due to the vacation of Cretex Avenue, there is no access to two of the three lots within the subject site. The applicant has submitted an application for minor subdivision approval which would consolidate the three lots into one lot. The application is currently being reviewed by staff. The applicant is taking the necessary step to resolve the access issue with the minor subdivision application. He stated that staff is recommending approval of the minor subdivision application and the rezoning. Motion: Comm. Madigan/Christenson offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. Christenson/Dubois offered a motion to recommend to the City Council the approval of the request to rezone the subject site from Highway Business (B-1) to Heavy Industrial (I-2) subject to detaining the issue of building permits for Lots 1, 2, and 3 , Block 1 until access to all three lots has been provided. Vote: Motion carried unanimously. XIII. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY AND FINAL PLAT FOR MONNENS ADDITION, LYING ON THE EAST SIDE OF MARKET STREET, SOUTH OF 5TH AVE. - MONNENS CUSTOM BUILDERS. Vice Chrmn. Mars opened the public hearing regarding this matter. The Planning Director stated that Monnens Custom Builders has submitted applications for approval of both the Preliminary and Final Plat for Monnens Addition. The proposed subdivision is located on the east side of Market Street, south of 5th Avenue. The area is zoned R- 2 , Urban Residential and consists of 2 lots. He stated that staff is recommending approval of the Preliminary and Final Plat for Monnens Addition, subject to the conditions as stated in the staff report, with the following changes: Minutes of the Page-14 Shakopee Planning Commission June 9, 1994 Condition 1 B.Subd.A. - The Park Dedication Requirement shall be a cash payment in lieu of park land. The total park dedication requirement of $2 , 100 . 00 will be required to be paid at the time of the recording of the building permit. Condition 2 A. - To state that the applicant shall provide the compaction testing if needed as determined by the building official. The Planning Director stated that these changes are recommendations of staff. Vice Chrmn. Mars stated he remembered two houses being on this property. The applicant, Jeff Monnens, 447 South Market Street, Shakopee, Minnesota, approached the podium. He stated that there was only one small house located on this property. Vice Chrmn. Mars stated in his opinion the proposal was a good idea and encouraged other housing infill projects like this. Motion: Comm. Madigan/DuBois offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Comm. DuBois/Christenson offered a motion recommending to the City Council the approval of the Preliminary and Final Plat for Monnens Addition, subject to the following conditions, and move its approval: 1. The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of the title opinion by the City Attorney. B. Execution of a Developer's Agreement for the following requirements: a. The Park Dedication Requirement shall be a cash payment in lieu of park land. 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. b. The City Engineer will reapportion the existing special assessments against the Minutes of the Page -15 Shakopee Planning Commission June 9, 1994 lots and the developer shall waive his right to appeal the reapportionment. C. A permit for work in the right-of-way is hereby approved to allow City utility services to be provided to Lot 2 . 2 . 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 soils engineer when native soils are displaced, or when building sites are filled, if needed, as determined by the Building Official. Vote: Motion carried unanimously. XIV. VACATION: TO CONSIDER THE VACATION OF THE PORTION OF VIERLING DRIVE BETWEEN CR 15 AND HARRISON STREET AND A PORTION OF PRESIDENTIAL LANE - CITY OF SHAKOPEE. This item was under the Consent Agenda and was approved unanimously. XV. VACATION: TO CONSIDER THE VACATION OF THE 20' WIDE UTILITY EASEMENTS ON TWO LOTS AT 4401 VALLEY INDUSTRIAL BLVD. SOUTH - ASHLAND OIL, INC. This item was under the Consent Agenda and was approved unanimously. XVI. VACATION: TO CONSIDER THE VACATION OF THE 10' WIDE DRAINAGE AND UTILITY EASEMENTS LOCATED ALONG THE INTERIOR LOT LINE OF THE TWO VACANT LOTS BETWEEN SUPER 8 MOTEL AND EAGLE CREEK PLAZA. - MURRAY WILLIAMSON & ASSOCIATES, INC. This item was under the Consent Agenda and was approved unanimously. XVII. DISCUSSION: COMPREHENSIVE PLAN GOALS, OBJECTIVES AND POLICIES. The Senior Planner stated that the second packet regarding the Comprehensive Plan is to be turned in to staff, and the third packet was available for each member. He stated that the intention is to come back for approval at the July 7th, Planning Commission meeting. Minutes of the Page -16 Shakopee Planning Commission June 9, 1994 Comm. Christenson stated a concern that agricultural land is somewhat being ignored. She stated that there is a need to preserve agricultural land. Comm. DuBois asked what the next process is regarding the Comprehensive Plan. The Senior Planner gave a brief summary of the completion process. The ultimate goal is to have all the changes possibly completed by August. XVIII. OTHER BUSINESS: Vice. Chrmn. Mars stated that some of the City walking paths need to be swept or cleaned of debris. The Staff Engineer stated that this matter would be looked into. Comm. DuBois suggested that when a property is being rezoned, a sign be illustrated to inform any interested persons, in order for them to voice their concerns or opinions. Staff noted that they would report back on this item. Comm. DuBois also suggested that when land is being cleared for construction or is being developed, that no trees be removed unless absolutely necessary. She suggested putting something in writing stating that trees need to be replaced if taken down. The Senior Planner suggested that this concern be addressed in the Comprehensive Plan. Vice Chrmn. Mars noted that the 1994 Annual City Picnic is going to be held on August 15, at Lion's Park. Vice Chrmn. Mars stated that the Planning Commission is two members short and encouraged people to get their applications in to the City Hall as soon as possible. XIX. ADJOURNMENT: The meeting adjourned at 10:35 p.m. SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION SHAKOPEE, MINNESOTA ANNUAL FINANCIAL REPORT YEAR ENDED DECEMBER 31, 1993 SHAKOPEE FIRE RELIEF ASSOCIATION Table of Contents FINANCIAL SECTION Reference Page Auditor's Report I General Purpose Financial Statements Combined Balance Sheet Exhibit A 1 Special Pension Trust Fund Statement of revenues, expenditures and changes in fund balance Exhibit B 2 Statement of cash flows Exhibit C 3 General Fund Statement of revenues, expenditures and changes in fund balance Exhibit D 4 Notes to the financial statements 5 Compliance: Independent Auditor's Report 11 JASPERS, STREEFLAND & COMPANY JEROME JASPERS.CPA•JAMES STREEFLAND Jr CPA MEMBERS OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 206 SCOTT STREET,SMA OPEE MN 55379.(612)4452817 AUDITORS' REPORT Members of the Shakopee Fire Relief Association Shakopee, Minnesota We have audited the accompanying general purpose financial statements of the Shakopee Fire Relief Association, Shakopee, Minnesota as of and for the year ended December 31, 1993, as listed in the table of contents. These financial statements are the responsibility of the Fire Relief's management. Our responsi- bility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements . An audit also includes assessing the accounting principles used and significant estimates made by manage- ment, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Shakopee Fire Relief Association, Shakopee, Minnesota, as of December 31, 1993, and the results of its operations and its cash flows of its fiduciary fund types for the year then ended in conformity with generally accepted accounting principles. )14°9(11.9 "4 1 . moo June 3 , 1994 I SHAKOPEE FIRE RELIEF ASSOCIATION Exhibit A Combined Balance Sheet December 31, 1993 FUND TYPE Fiduciary Governmental Special Total Pension (Memorandum Trust General Only) ASSETS Cash $ 74,280 $ 16,187 $ 90,467 Investments 520.735 520.735 Total assets $ 595,015 $ 16,187 $ 611,202 FUND BALANCE Fund balance Required reserves $ 726,343 $ $ 726,343 Unreserved Unfunded accrued liability (131,328) (131,328) Undesignated 16.187 16.187 Total fund balance 595.015 16.187 611.202 Total liabilities and fund balance $ 595,015 $ 16,187 $ 611.202 The notes to the financial statements are an integral part of this statement. 1 Exhibit B SHAKOPEE FIRE RELIEF ASSOCIATION Special Pension Trust Fund Statement of Revenues, Expenses and Changes in Fund Balance Year Ended December 31, 1993 Operating Revenues Contributions $ 48,290 City of Shakopee 35,714 State of Minnesota142 Members dues 32,605 Interest & dividends 19 ,721 Gain on sale of investments 136,472 Total Operating Revenues Operating Expenses Salaries 1,400 Pension Benefits 65,796 Membership dues and subscriptions 295 Audit Fees 1,450 Bank charges 120 Education expense 375 Bonds 465 Total Operating Expenses 69,901 Net Income 66,571 Fund Balance, January 1 528,444 Fund Balance, December 31 $ 595 ,015 The notes to the financial statements are an integral part of this statement. 2 SHAKOPEE FIRE RELIEF ASSOCIATION Exhibit C Special Pension Trust Fund Statement of Cash Flows Year Ended December 31, 1993 Increase (decrease) in cash and cash equivalents Cash Flows From Operating Activities Net income $ 66,571 Cash and cash equivalents - January 1 528.444 Cash and cash equivalents - December 31 $ 595.015 The notes to the financial statements are an integral part of this statement. 3 Exhibit D SHAKOPEE FIRE RELIEF ASSOCIATION General Fund Statement of Revenues, Expenditures and Changes in Fund Balance Year Ended December 31, 1993 Revenues Investment income 435 Interest Fundraisers 12,444 Contributions 2,690 Total Revenues 15,569 Expenditures 1,200 Board of directors fees/expenses Conventions and meetings 1,532 Gifts and flowers 265 Supplies 8,801 Fundraiser expenses 3,940 Capital outlay (equipment) 14,007 Total Expenditures 29.745 Excess of Expenditures over Revenues (14,176) Fund balance, January 1 30,363 Fund balance, December 31 $ 16,187 The notes to the financial statements are an integral part of this statement. 4 SHAKOPEE FIRE RELIEF ASSOCIATION Notes to Financial Statements December 31,1993 1. Plan Description A. General Information The Shakopee Fire Department Relief Association was incorporated on August 1, 1895. It operates under the provisions of Minnesota laws. It is governed by a board of nine members. Six of the board members are elected by the members of the association for three year terms. The Fire Chief, Mayor, and City Clerk are ex-officio non-voting members of the board of trustees. For financial reporting purposes the Association's financial statements are not included with the City of Shakopee's financial statements because the Association is not a component unit of the City. As of December 31, 1993 membership data related to the relief association were: Retirees and beneficiaries currently receiving benefits and terminated employees entitled to benefits but not yet receiving them. Active plan participants Vested 3 Partially vested 27 Nonvested 3 Total 33 B. Benefits Provisions Twenty Year Service Pension. Each member who is at least 50 years of age, has retired from the Fire Department of the City of Shakopee, has served at least twenty (20) years of service with such department before retirement and has been a member of the Association in good standing at least 10 years prior to such retirement shall be entitled to a lump sum service pension in the amount of $2,263.00 for each year of service (including each year over 20) but not exceeding the maximum amount per year of service allowed by law for the minimum average amount of available financing per firefighter as prescribed by law. Five Years Service But Less Than Twenty Years Service. Each member who is at least 50 years of age, who has retired from the Fire Department of the City of Shakopee, who has served at least 5 years of active service with such department before retirement but has not served at least 20 years of active service and who has been a member of the Association in good standing at least 5 years prior to such retirement shall be entitled to a pro-rated lump sum service pension based on the maximum percentage applicable for the completed full years of service as prescribed by Minnesota Statute 424A.02, Subd. 2. To compute said pro-rated lump sum service pension the applicable percentage for the completed full years of service as prescribed by Minnesota Statute 424A.02, Subd. 2 shall be multiplied by the annual sum amount set forth in the Bylaws and then the product shall be further multiplied by the completed full years of service. 5 SHAKOPEE FIRE RELIEF ASSOCIATION Notes to Financial Statements December 31, 1993 Disability Benefits . To be eligible to receive a permanent disability benefit, a member's injury or disability must prevent the member from performing fire fighting duties. When a member is disabled to the extent that it is substantially certain that he will never again be able to return to active duty service as a firefighter, then the member shall be paid a disability benefit out of the Special Fund in the amount equivalent to the accrued retirement liability at the time of disability. Death Benefits. Upon the death of an active or deferred member, the surviving spouse and surviving children of deceased members, and if no surviving spouse, the estate of the deceased member shall be paid a death benefit out of the Special Fund in an amount equivalent to the accrued retirement liability at the time of death. 2 . Summary of Significant Accounting Policies and Plan Asset Matters A. Fund Accounting The resources of the Association are accounted for in two funds: The Special Fund is a pension trust fund for the accumulation of resources to be used for retirement, dependency and disability annuity payments of appropriate amounts and at appropriate times in the future. Resources are contributed by the City of Shakopee at amounts determined by laws (taxes) , and from the two-percent insurance premium tax and amortization aid from the State of Minnesota. The General Fund is a governmental fund which accounts for the resources other than those in the Special Pension Trust Fund. It is used for the good and benefit of the association as determined by Association by-laws. Its resources consist of membership dues, fund-raiser proceeds, investment earnings, and miscellaneous sources. B. Basis of Accounting The Shakopee Fire Department Relief Association's financial statements are prepared on the accrual basis of accounting for the pension trust fund and the modified accrual basis for the general fund. Revenues susceptible to accrual include: contributions from the State of Minnesota and the City of Shakopee; and investment revenue including interest on deposits and dividends. C. Total Column on Combined Balance Sheet The total column on the combined balance sheet is captioned: "Memorandum Only" to indicate that it is presented only to facilitate financial analysis. Data in this column does not present financial position in conformity with generally accepted accounting principles. 6 SHAKOPEE FIRE RELIEF ASSOCIATION Notes to Financial Statements December 31, 1993 D. Deposits and Investments Deposits Minn. Stat. § 118.005 authorizes the Relief Association to deposit cash and to invest in certificate of deposits in financial institutions designated by the governing body. At December 31, 1993, Relief Association deposits totaled $185,590 of which $90,467 was cash deposits and $95,123 was invested in certificates of deposit. Minnesota statutes require that all Relief Association deposits be covered by deposit insurance, surety bond, or pledged collateral. Following is a summary of the deposits covered by insurance or collateral at December 31, 1993. Covered Deposits Insured, or collateralized with securities held by the Relief Association or its agent in the Relief Association's name $ 185,590 Collateralized with securities held by the pledging financial institution's trust department or agent in the Relief Association's name Total covered deposits 185.590 Uncollateralized Total $ 185,590 Investments Minn. Stat. § 69.775 and 11A.24 authorize and define the types of securities available to the Relief Association for investment. Generally accepted accounting principles have determined three levels of credit risk for securities: (a) securities that are insured or registered, or for which the securities are held by the Relief Association or its agent in the Relief Association's name; (b) securities that are uninsured and unregistered and are held by the broker's or dealer's trust department or agent in the Relief Association's name; (c) securities that are uninsured and unregistered and are held by the broker or dealer, or by its trust department or agent, but not in the Relief Association's name. 7 SHAKOPEE FIRE RELIEF ASSOCIATION Notes to Financial Statements December 31, 1993 Following is a summary of the carrying values of the Relief Association's securities, categorized into the aforementioned levels of risk, along with the market values of the securities, at December 31, 1993. Category Market a b c Cost Value Investments $120,350 Government obligations $109,166 $109,166 Corporate obligations Banker's acceptance Commercial paper Mortgage participation and pass-through certificates Repurchase agreements Corporate stock Limited partnership, collective fund or 56,290 44,700 trust interest 56,290 Futures and options Total $165.456 165,456 165,050 Investment pools 260,156 252.298 Total investments $425,612 $417,348 Investment income is recognized when received by the relief association, and Investments are valued at cost. There are no investments in, loans to, or leases with parties related to the pension plan. 3. Funding Status and Progress The amount shown below as "pension benefit obligation" is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of any step-rate benefits, estimated to be payable in the future as a result of service to date. The measure is the actuarial present value of credited projected benefits and is intended to help users assess the Shakopee Fire Department Relief Associa- tion status on a going-concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among public employee retirement systems. The measure is independent of the funding method used to determine contributions to the Shakopee Firemen's Relief Association. 8 SHAKOPEE FIRE RELIEF ASSOCIATION Notes to Financial Statements December 31, 1993 The pension benefit obligation was determined as of December 31, 1993, pursuant to state statutes. Significant actuarial assumptions are as follows: - The entry age normal cost method was used to determine the normal cost of all benefits. - The rate of investment return used in making the valuation was five percent per annum, compounded annually. - Age and service retirement was assumed to occur at age 50. At December 31, 1993, the pension benefit obligation in excess of assets was: Pension Benefit Obligation Terminated members entitled to benefits but have not received them $ Current members Vested 153,884 Partially vested 554,807 Non-vested 17, 652 Total pension benefit obligation 726,343 Net assets available for benefits, at cost 595,015 Pension obligation in excess of assets $ 131,328 4. Contributions Required and Contributions Made The Shakopee Firemen's Relief Association funding policy provided for contributions from the state of Minnesota and the city of Shakopee in amounts sufficient to accumulate sufficient assets to pay benefits when due. The unfunded liability is amortized over a period of ten years. The Shakopee Firemen's Relief Association is comprised of volunteers and therefore there are no payroll expenditures (i.e. , there are no covered payroll percentage calculations) . Contributions totaling $48,290 were made by the City in accordance with state statute requirements for the year ended December 31, 1993. 9 SHAKOPEE FIRE RELIEF ASSOCIATION Notes to Financial Statements December 31, 1993 5. Historical Trend Information (Unaudited) Historical trend information designed to provide information about Shakopee Firemen's Relief Association's progress made in accumulating sufficient assets to pay benefits when due is presented below: Unfunded Net Assets Pension Pension Available Benefit Percentage Benefit for Benefits Obligation Funded Obligation 1993 $ 595,015 $ 726,343 82% $ 131,328 1992 528,444 714,463 74% 186,019 1991 509,422 675,387 75% 165,965 1990 440,166 429,190 100% 1989 368,531 363,874 100% 1988 350,084 338,662 100% 1987 291,506 294,772 99% 3,266 1986 283,054 269,054 100% 1985 247,326 285,077 87% 37,751 1984 283,382 279,880 100% 1983 265,375 285,720 93% 20,345 Revenues by Source Expenses By Type City Investment Benefit Administrative State Aid Contribution Income Payments Expenses 1993 $ 35,714 $ 48,290 $ 52,326 $ 65,796 $ 4,105 1992 36,090 25,191 34,999 76,111 1,255 1991 35,710 5,000 30,736 2,304 1990 40,749 5,000 28,049 2,256 1989 39,122 5,000 27,888 51,577 2,082 1988 39,056 5,000 24,848 8,051 2,380 1987 35,784 5,000 15,432 26,570 1,702 1986 32,939 17,867 20,710 1,479 1985 27,105 22,745 96,550 2,055 1984 25,217 5,806 22,356 34,740 731 1983 23,460 20,973 21,953 2,219 10 JASPERS, STREEFLAND & COMPANY JEROME JASPERS CPA•JAMES STREEFLANO Jr CPA MEMBERS OF THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS 206 SCOTT STREET.SHAKOPEE MN 55379,16121 445-2817 INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE To the Board of Trustees Shakopee Fire Department Relief Association Shakopee, Minnesota We have audited the general purpose financial statements of the Shakopee Fire Department Relief Association as of and for the year ended December 31, 1993, and have issued our report thereon dated June 3, 1994. We conducted our audit in accordance with generally accepted auditing standards and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the Legal Compliance Task Force pursuant to Minn. Stat. Section 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Local Government covers three categories of compliance to be tested in audits of relief associations: deposits and investments, conflicts of interest, and public relief associations. Our study included all of the listed categories. The results of our tests indicate that for the items tested, the Shakopee Fire Department Relief Association complied with the material terms and conditions of applicable legal provisions, Further, for the items not tested, based on our audit and the procedures referred to above, nothing came to our attention to indicate that the Shakopee Fire Department Relief Association had not complied with such legal provisions. This report is intended solely for the use of Management and appropriate state agencies and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report, which is a matter of public record. ' I / Il Shakopee, Minnesota June 3, 1994 11 47 t Ceu,„„e_ JD/ -avevd(eLd a ?<i49 aff i;" -c<=t, 9-(e- e--'-A-iriz-t4r6-1 - *otle / 6/61:14 )?14-h-v et-era'A-C -4 6-(4 et,u,„ -644- e", WOOLAL174A---a- Vriecz-d - e2-144._ fto-7,1 L.44t et- & �cti� �c-tt � cuv`- - -t4 ce-r a 4 6, 000, Oo0 44 ao a L-,LA;etit 05÷2t -e,e44A*-4 S,e0 r---411/)eu � ¢ !JU L 0 = 1994 -�g OFFICIAL PROCEEDINGS OF THE SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 22 , 1994 Chairman Phillips called the meeting to order at 5 :30 p.m. with the following members present : Morke, VanHorn, Unseth, Phillips, Schoepester, Albinson and Reinke. Commissioners Brandmire, City Stafford and Miller were absent . Barry Stock, Assistant Paul Administrator; Terrie Sandbeck, Assistant City Planner; Bilotta, Senior Planner and George Bentley were also present . Albinson/Morke moved to approve the minutes of the May 18, 1994 meeting as kept . Motion carried unanimously. Mr. Stock gave a brief economic development update. He noted that Scherer Bros Lumber, Ashland Chemical and Princess Marble Projects were all scheduled for construction yet this year. Mr. Stock also commented briefly on the Danny' s Construction Project and the impact of the southerly bypass on their property. Mr. Stock noted that he would like to place a new item on the agenda. Mr. Stock noted that the item related to vehicle procurement for the Shakopee Dial-A-Ride Program. Mr. Stock stated that Mr. George Bentley has been assisting opt-out communities over the past 5 years in their lobbying efforts. Mr. Stock went onto state that up until 1992 the City of Shakopee could not acquire Dial-A-Ride vehicles . He noted that with a change in the legislation that occurred in 1992, Capital Funds now exist for the City to acquire their own vehicles. Mr. Bentley stated that he has successfully worked with SW Metro to secure acquisition of transit vehicles . He also stated that the MN Valley Transit System is currently going through the process to acquire their own vehicles. He noted that if Shakopee so desired they could ride along on MN Valley' s process and also acquire vehicles . Mr. Bentley also stated the benefits of owning your own fleet . He stated that the vehicles to be acquired are better built and would have a 6 year life expectancy as compared to the 3 year life expectancy on our current vehicles being provided by the contractor. He also stated that all the vehicles would be of a consistent design and would present a clear image of the Shakopee system. He went on to state that we would also be able to purchase one additional vehicle which could be used as a dedicated spare vehicle. Under the current system, what ever vehicle is sitting around on the ccntractors lot gets placed into service. Often times the vehicles are in poor condition and do not have the proper markings to identify them as Shakopee vehicles . Mr. Bentley also stated that if we owned our own vehicles there would likely be increased competition for operating contractors to bid on our service . Mr. Reinke questioned who would assume liability for operating the vehicles . Mr. Bentley stated that the would provide for the contractor operational o assume contract specifications Official Proceedings of the June 22 , 1994 Shakopee Community Development Commission Page -2- all responsibility for maintenance and insurance on the vehicles . If the City wished to pursue other maintenance options that would also be possible. hat are alsoncurrdasaresult oftheCity� iMr. ecmnented on er ius cost efficiencies t owning their own vehicles. Commissioner Reinke questioned whether or not we could acquire Vanpool vehicles through this program. Mr. Stock stated that Vanpool vehicles are a little bit different in that they are driven by volunteer drivers. Mr. Stock stated that Vanpool Services, is the only vendor that he is aware of that provides liability insurance for persons who are not employed by them. He stated that it would be cost prohibitive for the City to acquire transit insurance. He also went on to state that he did not believe that their is any provider that would provide Vanpool operation management only. Mr. Stock leasered of that the vehicles S erynoticon their es, Inc. makes money off of operational services. Mr. Stock stated that it was important to note that the vehicle procurement process takes approximately 12 months . He went on to state that there will be several decision points along the line where City Council will have to take formal action. Mr. Stock stated that the first process that we have to go through is to convince the RTB to allow the City of Shakopee to access the vehicle procurement dollars . Once that process is complete then we have to bid for the actual vehicles . Mr. Stock noted that at any point in time during this process the City could back out of the vehicle procurement . Mr. Stock stated that he saw great benefit in proceeding at this time with MN Valley Transit . Mr. Bentley also stated that MN Valley Transit attorney' s would be providing much of the work in preparing the necessary documents at MN Valley' s expense. Mr. Stock went onto state that Mr. Bentley will assist the City of Shakopee through the vehicle procurement process . Mr. Stock stated that he is also requested Mr. Bentley to gain access to the City of Shakopee' s 1993 transit carryover dollars for operational costs in 1995 . Morke/Reinke moved to recommend to City Council thatthe City- work with Mr. Bentley and MN Valley Transit to procure transit vehicles . Motion carried unanimously. Discussion ensued on the Vanpool minimum ridership policy and fare increase . Terrie Sandbeck stated that at the last meeting the Committee requested staff to look at a possible Vanpool fare increase . Ms . Sandbeck noted that the MTC supersaver monthly fare is $65 . 00 per month and the current Vanpool monthly fare is $52 . 00 per month. She noted also that the MTC supersaver weekly fare is $15 . 50 as compared to the current Shakopee Vanpool weekly fare of $15 . 00 . Ms . Sandbeck stated that staff is recommending a fare increase at this time . Discussion ensued. Mr. Reinke noted that Official Proceedings of the June 22 , 1994 Shakopee Community Development Commission Page -3- the current fare box recovery ratio on the Vanpool program is in excess of 30% . He stated that based on this information he did not see the need for a fare increase since the RTB requirement is only 15% fare box recovery. Mr. Stock stated that when the RTB looks at the City of Shakopee' s fare box recovery ratio they combine the Dial-A-Ride and Vanpool programs together. He stated that the current fare box recovery ratio for the Dial-A-Ride program is less than 15% . When both etboxrecovery rato. In programs ether however, we do in some respect the Vanpool fact f meet the f program is subsidizing the Dial-A-Ride program. Mr. VanHorn stated that perhaps the Dial-A-Ride fare should be increased. Mr. Stock stated that the vast majority of the Dial-A-Ride users are students and Senior Citizens . He stated that a small fare increase of say 25 cents would adversely impact ridership and place a greater burden on persons who perhaps have less of a ability to pay. drop in Dial-A-Ride ridership would also negatively impact the fare box recovery ratio. Mr. Stock stated that he felt a fare increase for the Vanpool program was needed. However, given the fact that we will likely be implementing the new fixed route service to Eden Prairie Center this fall to augment the Vanpool program that perhaps a fare increase should be considered to coincide with the new service expansion. Mr. Reinke stated that he concurred and that he would like to make sure that before a fare increase is considered this fall that all Vanpool riders be notified in advance . Reinke/VanHorn moved to table a Vanpool fare increase at this time . Motion carried unanimously. Discussion then ensued on the minimum ridership policy for nine passenger vans. Mr. reinke noted that the proposed policy specifies a 50% reduction off the normal fare for backup drivers . Mr. Stock stated that the 50% indicated in the proposed policy is an error. The actual reduction should be 25% . Reinke/Phillips moved to approve the Shakopee Area Transit Policy ##25 relating to the minimum ridership on nine passenger vans . Motion carried unanimously. Commissioner Phillips stated that due to the lateness of the hour that it might be prudent to table the agenda item relating to the undergrounding of electric service in Block 21 . Mr. Stock stated that there was no urgency in this matter and that it could be tabled. Albinson/Morke moved to table the undergrounding of electric service in Block 21 to the next meeting. Motion carried unanimously. Discussion then ensued on the code enforcement process . Ms . Sandbeck stated that at the May 18 , 1994 meeting the CDC discussed the possibility to hiring a code enforcement officer. Ms . Sandbeck Official Proceedings of the June 22 , 1994 Shakopee Community Development Commission Page -4- explained the current code enforcement in place. She stated that the City utilizes a complaint report form that routes complaints to the department responsible for enforcement . Discussion ensued on several recent code enforcement violations that have taken an enormous amount of staff time to rectify. Ms . Sandbeck stated that she wanted to point out that the vast majority of the code enforcement complaints that we deal with are taken care of after first notification to the property owner. However, the few that do not comply take a tremendous amount of staff time . Discussion ensued on whether or not the City could fine violators for code enforcement infractions. Mr. Stock stated that to the best of his knowledge in Minnesota the only person that could issue a tab charge was a police officer. Mr. Stock noted that the police force isreluctantto spend snwhenthere are a great eal of time on many other issues thatrcode are of enforcementviolations iolat greater importance. Commissioner VanHorn questioned whether or not an additional staff person would really make any difference in terms of code enforcement . Heenforcementthat aseitfelt is currentlystaff takingcould continue ace to perform code Commissioner Reinke stated that he strongly supports the need for more affirmative code enforcement . He went on to state that greater attention needs to be placed on follow up of code enforcement infractions. He stated that he understands staffs dilemma in terms of available time to spend on code enforcement . Discussion ensued. Mr. Stock stated that code enforcement in a strict application would be very difficult and would create many problems in the community. For example, Mr. Stock stated that all refuse containers within the business districts are technically suppose to be screened. If we were to actively enforce Commissioner ordinance, many business owners would be unhappy. VanHorn stated that perhaps we need to change some of our City Codes . Mr. Stock stated that amending the City ordinance to take out sections which are not important to City Council is one possibility of dealing with code enforcement . Commissioner Morke stated that if a business needs a license the City could also request that all codeinfract Stock stated that this ions be taken care of his iohal so to tan issuance of a license . excellent means to enact code enforcement . Unfortunately, on license renewals the building inspector typically investigates only those things that pertain to their department . Many of the code enforcement issues fall under different department jurisdictions and may go unnoticed by the inspector. An inspection check list for license renewals could help rectify renewals tp forlem.liquor Haaving staff departments review license /or cigarettes for example would be very time consuming. This would also deal with only one segment of the community. Discussion ensued. Chairman Phillips questioned whether there was enough code enforcement to that it woulddependon the level of ecode enforcement officer nforcement Sandbeck statedor ement Official Proceedings of the June 22, 1994 Shakopee Community Development Commission Page -5- that the Council wished t he code enfo�cementalso offi depend wouldtbe he areas of responsibility that delegated. Morke/Albinson moved to recommend to City Council the hiring of a part-time code enforcement officer. Motion carried with Commissioner VanHorn opposed. Albinson/Morke moved to recommend that staff investigate the possibility of issuing citations and/or fines for violations. Motion carried unanimously. VanHorn/Albinson moved to adjourn the meeting at 7 :20 p.m. Motion carried unanimously. 49 OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION June 7 , 1994 The meeting was called to order at 4 : 30 p.m. by Chairman Judson Kenyon. Members present: Tony Stocker, Citizens State Bank/American Cancer Society; Claude Kolb, Shakopee Lions/Knights of Columbus; Sister Esther Wagner, SACS Schools; Pat Ottman, SACS Schools; Connie Uileber, Scott County Human Services. HUMAN SERVICES Connie reports Board of Commissioners reviewing expansion of Courthouse and library. Looking at increasing visibility of Special Olympics program. Seeking volunteer coaches and assistant coaches. SACS SCHOOL Sister Esther informed us that this is her last meeting. Her replacement is Pat Ottman. Enrollment should be about the same (350) . Eighth graders graduated Monday 6-6-94 . Hopeful donations to increase so some improvements can be made to school classrooms. Discussed recycling service that SACS provides. LIONS Claude stated new President coming in - Brian Norris. Planted trees in park last week. Had Christmas in May. Recipients of improvements were very happy. Steak Fry Wednesday, 6-8-94 . CAP AGENCY Judson reports 451 families are fed through May from food shelf. Contributions are surprisingly good. Christmas in May was a grand success. AMERICAN CANCER SOCIETY Residential fund drive completed. Some success. "Walk in the Park" begins Friday, July 15 through Saturday, July 16. Next meeting of the Shakopee Coalition is scheduled for July 5, 1994 in the Citizens State Bank Building Community Room at 4 : 30p.m. Respectfully Submitted Tony Stocker ICS Monthly Progress Report Planning Department June 30, 1994 PROJECT START COMPLETE STATUS COMMENTS Administration 1. U of Mn Intern 9/20/93 6/15/94 100% Amy Wicklund 2. St. Cloud State Intern 3/07/94 5/26/94 100% Julie Baumann 3. 1995-1999 CIP 3/01/94 7/19/94 80% Planning Commission Review 4. File System Reorganization 4/15/94 8/30/94 75% In progress 5. Application Packet Revisions 1/15/94 6/15/94 100% Ready for use once Zoning Ord is adopted Long Range Planning 1. Comp Plan Policies Review 4/01/94 7/30/94 70% PC review continuing 2. Land Use Plan 3/01/93 8/01/94 50% Research 3. East Shak Trans Plan 1/01/93 4/01/95 30% RTD area traffic generation 4. Zoning Ord Update (text) 6/01/93 6/07/94 100% City Council to approve 5. Zoning Mapping 1/01/94 10/01/94 10% Planning Commission initial discussions 6. Chaska Int Conditions 7/01/93 2/01/95 20% Rural Density, MUSA 7. Riverfront Design Plan 5/01/94 9/01/94 10% Consultant selected: Brauer & Assoc. Current Planning 1. Building Permits 6/01/94 6/30/94 Ongoing * Residential permits (Unavailable) * Commercial permits (Unavailable) * Industrial permits (Unavailable) 2. Planning Reports 6/01/94 6/30/94 Ongoing 3 Variances 0 Appeals of CA 3 CUPs 2 Plats 2 PUDs 1 Rezoning 3 Vacations 3 Minor Subdivisions 0 Official Map Reviews 0 Registered Land Surveys 1 Other: PC/BOAA Handbook 2 Other: Comp Plan Amendment 3. Enforcement 6/01/94 6/30/94 Ongoing 7 Code Violations (Zoning) 6 Resolved Violations Management Information Systems (MIS) 1. GIS Stage One 10/01/93 10/01/94 5% Awaiting County Status 2. PC Hardware Upgrade 11/09/93 5/20/94 100% Complete 3. Install File Server 11/09/93 5/20/94 100% Complete 4. Install New PCs: Police Dept. 4/20/94 5/10/94 100% Complete 5. Evaluate Scheduling Software 5/01/94 8/01/94 25% In progress 6. Network Security 5/01/94 8/01/94 5% Beginning 7. Quarterly Staff Work Program 5/20/94 7/15/94 50% In Progress 8. MIS Database Development 7/7/94 12/31/94 1% Beginning {WPSI\DOCS\TERRIE\\PCREPORTJUN} 6/30194 Monthly Progress Report Planning Department Continued PC Meeting 6-09-94 The Shiely Co. Variance Denied 306 Sommerville Street Variance Approved Rahr Malting Co. Variance Continued to 7-07-94 Rahr Malting Co. CUP 150' tall Building Approved Fischer Aggregates, Inc. CUP/Mineral Ext., etc. Renewal Approved 663 E. CR 72 CUP Veterinary Clinic Approved Scherer South PUD Pre./Final Dev. Plan Recommended Approval Scherer South PUD Preliminary Plat Continued to 7-07-94 Prairie Bend PUD Preliminary Dev. Plan Continued to 7-07-94 Princess Marble Rezone: B-1 to I-2 Recommended Approval Monnens Customer Builders Pre./Final Plat Recommended Approval Vierling Drive: CR 15-Harrison Vacation of Street Recommended Approval Ashland Oil, Inc.: Easement Vacation of Easements Recommended Approval Murray Williamson and Associates Vacation of Easements Recommended Approval Comprehensive Plan Goals, etc. Discussion No Action Other Activities Amy Wickland has completed her nine month internship with the Planning Department. She has recently graduated from the University of Minnesota, and will soon be moving to Boston to continue her education. Good luck, Amy! {WP5I\DOCS\TERRIE\PCREPORTJUN} 6/30/94 CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR JUNE, 1994 Respectfully Submitted David E. Hutton, P.E. Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Minibypass 5/93 7/1/94 95% Mn/DOT Project 2. Upper Valley Drainage 9/93 7/29/94 85% See Narrative Section 3. 1993 Street Reconsturction 8/93 8/1/94 80% See Narrative Section 4. Rahr Forcemain 10/93 6/15/94 100% Completed 5. Rahr Service Line 5/94 10/94 0% See Narrative Section 6. Pierce Street 6/94 7/94 0% See Narrative Section 7. Underground Tank Removal 5/94 6/94 100% See Narrative Section 8. 1994 Sidewalk Program 7/94 9/94 0% See Narrative Section 9. Public Works Parking Lot 7/94 10/94 0% Contract Has Been Awarded 10. Parking Lot(Pelham) 7/94 10/94 0% Will Bid With Downtown Streetscape 11. Downtown Streetscape II 7/94 10/94 0% See Narrative Section 12. Alley- Block 48 7/94 10/94 0% Will Bid With Downtown Streetscape 13. 11th Ave. Storm Laterals 6/94 9/94 10% See Narrative Section 14. Vierling Drive,Adams St. 7/94 9/94 0% Bid Opening In July to Presidential Lane 15. Pavement Preservation 8/94 10/94 0% Bid Opening In July Category II- Projects in Design 1. Downtown Alleys 6/93 Done 100% See Narrative Section 2. Tahpah Parking Lot 10/93 Done 100% See Narrative Section 3. Fuller Street 7/94 9/94 0% See Narrative Section 4. Viking Steel Road Et. Al. 7/94 9/94 0% See Narrative Section 5. County Road 16 Utilities 7/94 11/94 0% See Narrative Section Category III- Projects Under Study 1. St. Francis Sewer/Water 7/93 8/94 75% Waiting on Watermain Input from SPUC 2. C.S.A.H. 18 Connection 11/93 7/94 10% See Narrative Section 3. Murphy's Landing Sewer/Water 3/94 7/94 60% See Narrative Section 4. Alley- Block 51 5/94 6/94 100% Hearing Scheduled For July 5. Maras Street 6/94 10/94 0% Category IV - Private Subdivision Construction 1. Beckrich Estates 1992 6/94 100% Completed 2. Meadows 8th 5/93 8/94 95% 3. Milwaukee Manor 6/93 6/94 100% Completed 4. Maple Trails 6/93 9/94 25% Portions Have Gravel Base 5. Dominion Hills 6/93 9/94 25% Rough Grading Completed 6. Stonebrooke 2nd Unknown Unknown 0% 1 PROJECT START COMPLETE STATUS COMMENTS Category IV - Private Subdivision Construction (Cont.) 1. Parkview 1st 7/93 8/94 100% Completed 2. Meadows 9th 10/93 9/94 80% Asphalt Base Is Completed 3. Westridge Bay 2nd 10/93 9/94 70% Completed 4. Homestead Ridge 5/93 9/94 70% Gravel Base And Curb Completed Category V - Special Projects 1. In-House Engineering Concept 4/94 9/94 20% Will Prepare with 1995 Budget 2. Prior Lake Outlet Channel 2/93 8/94 0% 3. Comprehensive Sanitary Sewer Plan 1992 7/94 95% Draft Plan Completed 4. Comprehensive Stormwater 2/93 7/94 95% Draft Plan Completed Management Plan 5. 5-Year Capital Improvements 4/94 6/94 100% Completed Plan 6. Pavement Management System 6/94 9/94 0% See Narrative Section Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category 1 - Projects Under Construction 2. Upper Valley Drainage Project- Phase II and Shakopee Bypass Drainage Facilities The mainline ditch is approximately 90% complete. The Contractor is placing topsoil and seeding. Work in the Tahpah Park area is about 95% complete. Excavation has begun for the Lions Park Pond and is 75% complete. Restoration work has also begun on areas where only storm sewer pipe was installed. Bike trail construction is completed from County Road 17 to County Road 79. 3. Street Reconstruction Projects(Spencer Street,8th Avenue,4th Avenue,Naumkeag Street, Fillmore Street and Atwood Street) All underground utility installations (sewer, water, storm sewer) have been completed on all streets for this project. The base course has been placed on all of Spencer Street, between 4th Avenue and Shakopee Avenue and portions of 8th Avenue. Three blocks on 8th Avenue still do not have gravel placed due to difficulty in drying the subgrade. Staff has presented the Contractor with options and have requested a change order price (if necessary) but to date no response has been received. Sidewalks and restoration work is proceeding on Spencer Street. This project is falling behind schedule for the August 1, 1994 completion date as required by the contract and staff has notified the Contractor of this fact. No requests for a time extension has been received. 5. Rahr Service Line Due to the recent explosion at Rahr Malting, the Contractor has requested and received a time extension prior to starting this project. 6. Pierce Street Public Works crews will remove the existing pavement and regrade the new alley. A City contractor will install the new curb & gutter and pavement. This work should be done in conjunction with an existing contract, so the exact timing for this work is not set at this time. 3 7. Underground Storage Tank Project This project has been completed. During the tank removal process, some contaminated soils were found. These soils were contaminated probably from spillage or over filling rather than a leak in the tank. The amount of contaminated soil is very small. The Contractor has retained an environmental engineer to test the soils and work with the City and MPCA for proper disposal. The MPCA has been notified as well as LMCIT. This problem will qualify for Petrofund monies for clean-up. The Contractor is no longer responsible for providing services related to the clean-up of the soils. 8. 1994 Sidewalk Program This project consists of a) Sidewalk Replacement Program; b) Marschall Road sidewalk, 4th Avenue to 10th Avenue; c) 10th Avenue sidewalk, Tyler Street to Shakopee Town Square Mall; and d) 1st Avenue sidewalk, Shakopee Chevrolet to the T.H. 101 Bridge. The bid opening was June 23, 1994 and the bids will be considered by Council in July. 11. Downtown Streetscape The Downtown Streetscape plans are completed and a bid opening was held on June 23, 1994. The bids on this project will be considered by Council in July. Prior to any construction starting, Mn/DOT will need to turnback 1st Avenue to the City. Staff has initiated turnback discussions with Mn/DOT, but they will not be able to do this until after the Minibypass Project is completed (July 1, 1994). 13. 11th Avenue Storm Sewer Laterals Construction has started on this project. Approximately one block of storm sewer has been installed as of July 1, 1994. Category No. 2 - Projects in Design 1. Downtown Alleys On April 19, 1994 the City Council rejected the lone bid received on this project and directed staff to re-schedule a public hearing on this project. The public hearing will probably be held in late summer, early fall. 4 2. Tahpah Parking Lot The design is complete. This project will be funded by the Shakopee Jaycees so the actual construction schedule is not determined. 3. Fuller Street This project will be a joint City/County project. The County has designed Apgar Street and has asked the City to design the Fuller Street realignment of County Road 77. The Council has directed staff to obtain a proposal from one of the City's design consultants for preparing the plans. A cost participation agreement will be prepared between the City and County to cover all costs. 4. Viking Steel Road, Et. AL This project was recently ordered by Council. Plans will be prepared by one of the City's consultants. 5. County Road 16 This project was recently ordered by Council. Plans will be prepared in-house. Category 3 - Projects Under Study 1. St. Francis Hospital Sewer and Water The sewer portion has been completed and staff is still waiting on the watermain information from Shakopee Public Utilities. The watermain information is being completed by Shakopee Public Utilities Commission's consultant and there have been delays in completing this portion due to negotiations with St. Francis on the final location of a booster pump. It is expected that the watermain portion will be completed in August so that the final report can be prepared. 2. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project in 1994. 5 3. Murphy's Landing Staff has analyzed and located all existing sewer and water facilities, along with individual service lines and is in the process of determining the most effective system to operate for the City. The draft report will be finished in July. 5. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Category 5 - Special Projects 1. Total In-House Engineering Concept During the 1994 budget process, the City Council directed staff to prepare a proposal on what it would take to be a completely self-sufficient Engineering Department (i.e. no consultants, staff equipment and furnishings needed). Staff has not prepared this report yet. This report will be prepared for the 1995 budget discussions. 2. Improvements to the Prior Lake Outlet Channel Staff met with the PLSL Watershed District in February to discuss the schedule for completing this project and resolving all drainage issues. The Watershed District has not submitted any proposed improvements to this channel, but they have directed their consultant to prepare a study on this. It is anticipated that staff will be working with their consultant to resolve all issues and staff will be bringing this item back to Council. (No change in status since last report). 3. Comprehensive Sanitary Sewer Plan (Consultant) The draft report is done. Staff is proposing to submit the final report to all agencies in July. 6 4. Comprehensive City-Wide Stormwater Management Plan (Consultant) The draft report is completed. Staff is proposing to submit the final report to all agencies in July. 5. Capital Improvements Program Engineering staff has completed the project data sheets and submitted them to the Planning Department for preparation of the 5-Year Capital Improvement Program. 6. Pavement Management System The 1994 budget contains $25,000.00 to purchase a Pavement Management System. Staff will be preparing RFP's to solicit bids on this program this summer. 7 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Vacation DATE: July 5, 1994 Please be advised that I will be on vacation and out of State from July 9 - July 23. If you have any problems, please contact Ray Ruuska in Engineering or Harry Pass in Public Works. Thank you. # i3 SHAKOPEE June 24, 1994 Mr. Cliff McCann, Scott County Administrator Scott County Courthouse 428 Holmes Street South Shakopee, IvLN 55379 RE: Murphy's Landing Property Dear Cliff: On June 21, 1994, the City of Shakopee received a request from the Murphy's Landing Restoration Board of Directors with respect to relocating their East entrance drive. (See Attachment #1). Upon reviewing the issue, it appears that the property where the proposed driveway relocation is to occur is located on property which is presently owned by Scott County. The City of Shakopee is interested in assisting Murphy's Landing with this request. In that vein, I would like to request the County Boards approval to allow the City to complete the improvements on the County property. I would also like to request that the Scott County Board consider transferring the property that is presently owned by Scott County on the Eastern edge of Murphy's Landing to the City of Shakopee. Said land transfer could be accomplished with a simple quit claim deed. Transfer of the property to the City would help alleviate problems such as the one outlined herein. Since the Minnesota Valley Restoration Board is anxiously awaiting the improvement, I would request a timely response from you in regard to this matter. If you have any questions or require additional information, please feel free to call me at 445-3650. Sincerely, Barry A. Stock Assistant City Administrator Enclosure BAS tiv Coir. �m P3:DESINCE 1557 .2- - ...`.:ll'•. ... ti"I ._Y - 1.\\ _ .(5) ID .(2) MURPHY'S LANDING Minnesota Valley Restoration Inc. A village of 1840-1890 2187 E. Highway 101 Shakopee, Minnesota 55379 Phone:(612)445-6901 Fax:(612)445-4174 (ck§p1) June 13, 1994 Mr. Dennis Kraft City Administrator Cit.. f Sh kcpee L-i tJ va vuGi.awr 129 1st. Ave. East Shakopee, Mn 55379 Dear Dennis: At the June 8, 1994 MVRP Board of Directors meeting, a motion was passed requesting the City of Shakopee to assist the Landing in the relocation of the East entrance drive. Currently this entrance is located in the center of the site. Visitors must enter the site and then turn right and drive approximately a quarter mile to the parking lot. This creates a problem on busy days with traffic flow and more importantly, makes it very difficult to limit access to the site to paying customers only. Through the donation of materials and volunteer labor, we have constructed a fence to separate the parking lot from the site. Our intent is to force visitors to go through the admissions barn to gain access. Your assistance in moving the driveway so it enters directly into the lot would be very helpful. This would involve installing a culvert and some loads of surface gravel. The planned location would be to enter from the existing service road. We would very much appreciate it if this request could be considered at the upcoming council meeting. Please contact me if you have further questions. Thank-you or your consideration. Shirley A. Olso 9 Executive Director fr rc, thecosts todc work and ., i11 have Vit i 'r!111 �r•?oa estimate this � - it available at Council "eetin_ ACTION REQUESTED : his roc st ,.rd provide a de stff with direction Disciss � - - ' 4iiy MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director iy SUBJECT: MWCC Letter Regarding River Interceptor DATE: July 7, 1994 NON-AGENDA INFORMATIONAL ITEM FOR COUNCIL: Attached is a letter staff has received from the Metropolitan Waste Control Commission(MWCC) regarding the City's draft Inflow/Infiltration (I/I) study. The I/I study basically reviewed the River Interceptor, which is the only City sewer experiencing any substantial I/I. As you may recall, the I/I report analyzed five alternatives, including the "do nothing" option which basically would result in the City paying for the I/I as treatment costs at Blue Lake. The life cycle analysis indicated that paying to treat the I/I was the most cost effective option. As indicated by the attached MWCC letter, this option is not acceptable to the Metro governing agencies. Therefore, the I/I report will need to be revised to recommend another option prior to the comprehensive Sanitary Sewer Plan being accepted. Staff will be preparing the appropriate information and submit it to Council at a later date, but staff wanted to inform Council of the MWCC letter. DEH/pmp I/I -�- ( e_ S t-.4Ko y` 0,2ec Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 —— 612 222-8423 June 20, 1994 PEENED SHORT ELLlOTT EN J cOi�, IAC Mr. David Hutton SUN 2 2 199IC4 City Engineer City of Shakopee 129 E. 1st Street MINNEAPOLIS Shakopee, MN 55379 Dear Mr. Hutton: On March 9, 1994, representatives of the Commission met with the City of Shakopee staff to discuss the Rahr Malting Forcemain Project. The Commission had expressed the following two concerns: The first was in regard to the consistency of the project with the draft Comprehensive Sewer Plan. It was our understanding that the entire flow from Rahr Malting was to be diverted south around the city to the VIP Interceptor. At this meeting, it was indicated by the city that they had entered into an agreement with Rahr Malting to allow for its flow to enter the existing sanitary sewer system by gravity during non-peak flow periods and be pumped south during peak periods, thus not adding to the peak load from this area. Our second concern was regarding the proposed completion date for the city's revised Comprehensive Plan (CP). The city's draft CP indicated that the city needed the commission to expand the capacity of its existing lift station L-16 from 3200 gpm to 3700 gpm to provide for both the peak flows of the city and the augmented flow from Rahr Malting. To allow the commission to initiate the design for the reconstruction of lift station L-16 beyond its existing capacity, the city must first have its Comprehensive Plan calling for this capacity approved by the Metropolitan Council. It will take almost two years to design and construct the lift station project once we receive the Metropolitan Council's approval. We also expressed our concern that during the 1993 flood, the commission received a total of 4100 gpm of flow to the lift station, of which some of the flow had to be discharged to the river. Because of capacity limitations in the downstream gravity interceptor, the lift station can not be expanded beyond the requested 3700 gpm. It was requested at the meeting that the city review its I/I study and include in your Comprehensive Plan a program for I/I reduction in the West River Trunk Sewer to eliminate the potential for wastewater by passes to the river. The commission has since received a copy of the final draft of the Update to the 1982 Infiltration and Inflow Study for the City of Shakopee. It is our understanding, from the report's conclusions, that the city would not be able to recover the total investment costs for repairing the West River Trunk Sewer through reduced sewer charges from the commission. Therefore, the report recommends that the city accept the „Do Nothing” alternative. In further discussions with Dan Boxrud of SEH on June 13, 1994, it was indicated that the city was also proposing to include the "Do Nothing" alternative as part of the I/I Program to be identified in the city's Comprehensive Plan. Equal Opportunity/Affirmative Action Employer David Hutton City of Shakopee June 20, 1994 Page Two Based on this understanding, the commission would like to express the following concerns: First, the Minnesota Pollution Control Agency will not allow the commission to design the lift station for 3700 gpm given that it would result in periodic bypassing of wastewater to the river. To oversize the lift station to 4100 gpm and eliminate the downstream restriction in the gravity interceptor would add approximately $850,000 to the lift station project. Thus, this would not be an acceptable alternative for the metropolitan area. Second, policy 1 -5 of the Water Resources Management Plan, as adopted by the Metropolitan Council, requires communities that are to be served by any proposed interceptor expansion or replacement project to first have an acceptable an adopted I/I reduction and prevention program as part of their local Comprehensive Plan. A plan that would permit the continued periodic bypassing of wastewater to the river is not acceptable. Thus, the Metropolitan Council will not allow the commission to reconstruct its existing lift station. Third, the Minnesota Pollution Control Agency, given the fact that this is a known source of periodic pollution to a public waterway, could require the city to make the improvement. Finally, there must be a value placed on water quality and the elimination of pollution at its source. Given the fact that both the city and the commission have immediate project needs that are dependent on an approved comprehensive plan, it is in both our interests to have the comprehensive plan completed as soon as possible. Development of an acceptable I/I reduction plan is an essential requirement of the approval process. If you hnve any questions in this regard, please contact Mr. Donald Bluhm of my staff at telephone number 229-2116. Sincerely, 4 William G. Moore Director, Engineering and Construction WGM/DSB/bw hutton.615 cc: Helen A. Boyer, MWCC; Russ Felt, MPCA; Marcel Jouseau, MC; Fred Banister, MWCC; Dan Boxrud, SEH June 30, 1994 Ms . Marge Henderson 905 South Holmes Street Shakopee, MN 55379 Dear Ms . Henderson: I would like to thank you for attending yesterday' s meeting on the proposed Shakopee Community Center. As has always been the case, I am willing to meet with residents to discuss their concerns on community issues . As I stated in the meeting, if any member of the committee has a question regarding council actions or intentions, please contact me so that we can discuss it . One item that was discussed yesterday is somewhat disturbing. The allegation that the City Council in some way acted in a clandestine manner in bringing forth the community center issue is something which needs to be directly addressed. As you and all members of the committee are aware, the City Council held a referendum a year ago on the question of whether bonds should be sold to finance a community center, fire station and ice arena. As you are also well aware, that issue failed and the City Council subsequently did not issue those bonds. The comment that the Council subsequently approved going forth on a community project in a behind the scenes manner is just not accurate . All City Council meetings are public, are advertised in the media, and all regular meetings and many committees of the whole are also on cable TV. In the case of the community center project, after the referendum the project continued to be discussed by both the City Council and the Planning Commission. The City' s Five Year Capital Improvement Program was discussed in a public meeting by the Planning Commission and subsequently forwarded to the City Council for approval . More specifically, on August 5, 1993 , the Planning Commission recommended approval of the 1994-1998 Capital Improvement Program to the City Council . There was a unanimous vote in favor of this project and all members of the Planning Commission were in attendance . The Capital Improvement Program specifically identified the funding sources for the community center as both bonds and tax increment financing. The actions taken by the Planning Commission and the City Council in public meetings are one of the major ways we attempt to convey information to the citizens of Shakopee on what programs the City Council intends to pursue. The Capital Improvement Program specifically indicated an interest on the part of the City Council to pursue a community center in 1994 . This is a matter of public record. Page 2 June 30, 1994 Ms . Marge Henderson In the future, if members of the committee, or other citizens have questions I would very much appreciate it if you would refer them to either myself or members of the City staff . I believe we all have a duty to work toward what is best for the community. One of the cornerstones of a democracy depends upon accurate information being disseminated to the public, which in turn leads to rational decision making. Misinformation that has been circulated needs to be corrected so that an accurate picture can be portrayed to the public. I would appreciate any assistance you can provide in this area. In the future, I would like to reemphasize, if you have questions please contact me or other members of the City Council . We will endeavor to try and get you answers to your questions so that misinformation circulating in the community can be minimized. Very truly yours, Gary L. Laurent Mayor GLL:trw Wo Sign of cg 0-�CG ,7, /40* ?� �l�ifrfJ�GC�P.c� Quality 287 SOUTH MARSCHALL ROAD SUITE 202 Service SHAKOPEE, MINNESOTA 55379 PHONE:(612)445-5150•FAX:(612)445-8153 Building Code Plan Analyst-Code Compliance Inspections-Environmental Assessments July 6, 1994 Gary Laurent 128 South Fuller Street Shakopee, MN. 55379 Dear Gary: I read very carefully the letter your propaganda minister wrote for you hoping to find w ,sign ofackn,,w1 edgm�^t that yo, and the Council admitted to a gross error in judgement in authorizing a six million dollar expenditure for a failed referendum question. Unfortunately, as always with Government, no sign was evident . The committee and myself are a little upset that you people keep referring to "misinformation" that is being given to the public by me or committee members . Everything that we have given to the public is a matter of public record. All of it was obtained from the Shakopee Valley News or the Council minutes or from the State Research Committee people . The fact is, you came in the back door on this issue and ran it through before the public or even your Planning Commission members were aware of what was going on. You refer to the "approved five year capital improvement program" that the Planning Commission approved. I have been in Government long enough to know this is a wish list for trying to prepare for future development projects . You also know that a project of this magnitude that has a potential for having a financial ball and chain around the tax payers necks in perpetuity normally goes before a public hearing and then to referendum. The fact is, this issue was defeated in a referendum m le'ss than one year go and you and the Council decided to ignore the results of that referendum and authorize the six million dollar expenditure. The fact is, there has been no public hearing on whether or not to build the recreation center. The fact is, not spending the six million dollars does not result in the loss of the six million dollars or result in a penalty as your people have tried to convince the public . �Eat�4 SRA LeRoy F. Houser, SRA Class 11 Building Official I.C.B.O. Certified Building Inspector Laurent, page two. The fact is, you can leave this money in an interest bearing account and use the interest on other projects approved under the TIF legislation. The fact is, you can loan this money to developers and use the P&I on any project you want to. The fact is, the six million dollars is not in jeopardy by any possible future state legislation. Kelso and the Attorney General' s office both indicated that new legislation is not retroactive and if it was you would be notified in plenty of time to circumvent it . The fact is, you can use this money for one time tax relief as I stated before . However, a penalty to the City goes with this option. The fact is, no action was taken by the Planning Commission or Council to convey information to the general public on this project until after the fact . You passed this on May 3rd and the general public found out about it on May 5th in the Shakopee Valley News (not a lot of time for them to react to it) . This project had to be under way long before the May 3rd meeting. The fact is, the public hearings you are holding are not hearings whether to build this facility or not . The fact is, you have authorized the six million dollar phase 1 expenditure for the recreation center without benefit of a market study. The long and short of it is the authorization was given before you could determine if it was financially feasible from an operational standpoint . The fact is, you projected a dollar amount for an $80, 000 . 00, dollar assessed residential property without the faintest idea of what it would cost the tax payers to operate and maintain the facility. This projection was based solely on a $4, 000, 000 . 00 facility cost (you were quoted in the Shakopee Valley News) . The fact is, with two major recreation centers within five miles of the center of Shakopee makes the probability of a financially successful operation within the City highly improbable. The fact is, that no matter where a facility is built within the corporate limits of any city, some kids are going to have to bike it or find other transportation to the facility. Laurent, page three The fact is, you and the Council did it, (I presume on the advise of staff) at least admit it and don' t try to blame us for your mistakes . The fact is, Kris Dirks is quoted as saying "the people don' t understand" . This is a true statement, none of you have ever bothered to make them understand. You and the Council just went ahead and did it without even asking the people, thats what the people understand. Mayor, I challenged you to place this on the ballot to give the voters a fair shake, we even offered you a way to save a little face by the binding agreement, which is essentially an alternative your staff gave you. You ignored both options . Now here is another challenge for you and staff, itemize each piece of misinformation you claim I or the committee has given the public that is not a matter of public record and is not true so we may correct it and offer a public apology. In doing this, don' t have the City Administrator quote chapter and verse out of an antiquated MSA book (like he did at the meeting on the 29th) that does not apply to the issue at hand. Gary, the way this whole issue was handled can only be described as "bad" . It is totally out of character for you to try to pull the wool over the eyes of the tax payers . I keep telling myself that you really got some bad advise or there is a hidden agenda some where on the Council' s or staff' s part . Knowing you, I assume you just got bad advise on this issue . Some day Gary, when this blows over perhaps we can sit down and have a burger together, I might buy if by then I can understand how and why all this transpired LeRo -Hauser # 1 7 Monthly Project Report - Submitted by Barry Stock June 3, 1994 Project Start Complete Status Comments 1. Clinic RFP's ? ? 0% 2 . AWAIR Program ? ? 0% 3 . Perform Employee 5/1 5/15 0% Evaluations 4. Develop Pay for Perf. DRK to Program 4/1 7/1 10% complete 5. Complete Dept. Reorganization Plan 3/1 9/1 45% 6. City Newsletter 8/2 9/8 0% 2nd. Issue Issue #2 scheduled for Sept. 7 . Stan House Project 2/15 8/1 50% 8. Downtown Utlility 3/24 ? 5% On hold until Easements after new Public Hearing 9. 1994 Pool Repairs 4/1 6/10 100% ADA Restroom 10. Solicit Downtown 4/11 7/1 75% Development Interest 11. City Residents Guide 4/15 7/1 25% 12 . Complete CIP 5/20 6/20 100% (Parks & Gov't Bldgs) 13 . Evaluate creation of 6/1 7/15 60% an Econ. Dev. Auth. 14 . Select Comm Center 5/20 6/21 50% Const. Mgr. 15. Determine Phase I Comm. 6/13 7/15 20% Center Facilities 16. Comm. Center Newletter 6/22 7/7 100% 17. 1995 Budgets 7/1 9/1 20% 18. Implement new Transit 7/1 10/1 0% Fixed Route Service OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JUNE 21, 1994 Mayor Laurent called the meeting to order a: 7 : 00 PM with Cncl . Lynch, Beard, Dirks and Sweeney present . Also present : Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director, and Judith S . Cox, City Clerk. Councilmembers added item 15a) Public Improvements on Parkview 1st Addition and 15b) Street Lights on Valley Industrial Blvd. South to the agenda. Sweeney/Beard moved to approve the agenda as modified. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for an HRA meeting at 7 :01 PM. Mayor Laurent reconvened the City Council meeting at 7 : 11 PM. Liaison reports were given by 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 business 15a) Public Improvements on Parkview First Addition. Sweeney/Lynch moved to approve the consent business as modified. Ms . Cox commented that all applications are in order for items 13c) Massage Center License and 13g) 1994 Non-Intoxicating Malt Liquor Licenses and 13h) 1994 Intoxicating Liquor Licenses . Mayor Laurent commented that he would be abstaining from the consent agenda items : 12d) Final Plat for Minnesota Valley 8th Addition, located at the intersection of Vierling Drive and Presidential Lane - Res . No. 4029; 13d) Resolution and Annexation Agreement; 13f) 1994 Wine Licenses and 13g) 1994 Non-Intoxicating Malt Liquor Licenses . Motion carried unanimously with Mayor Laurent abstaining on agenda items 12d, 13d, 13f and 13g. Cliff Hoffman gave a presentation on the Auditor' s Report . He stated that Shakopee was a conservative city and paid for what they buy today rather than waiting until later. He stated that Shakopee charges for its services instead of raising property taxes, which is a good practice. Official Proceedings of the June 21, 1994 Shakopee City Council Page -2- Kelly Curtin commented that Shakopee should be considering moving some programs into other funds . She suggested that the refuse collection be put into an enterprise fund. Marge Henderson, Citizens Committee for Representative Government, requested Council to enter into a binding agreement with their Citizens Committee concerning project costs, costs of operations and holding a ballot for the proposed community center. She handed out an agreement to the council members . Joe Zak requested that Council inform the citizens about costs, and fees for the community center. He asked what other uses the TI= money could be used for, such as 1st Avenue Project . He handed out a press release to the Council and commented that the citizens may have to petition against the project . Cncl . Beard explained that he was going to Denver on a business trip and would also be attending a seminar on Community Centers along with Mr. Stock. Mayor Laurent stated that the Council is looking into the costs of the community center but no determinations have been made. Sweeney/Beard moved to refer the proposed agreement to staff for some answers to questions being raised by Ms . Henderson. Motion carried unanimously. Sweeney/Lynch moved to receive and file the letter from City of Afton regarding League of Mn. Cities Insurance Trust appeal to the Mn. Supreme Court . (Motion carried under consent business . ) Shirley Olson, Murphy' s Landing, asked City Council to move the main entrance of Murphy' s to a site on the east end so it enters the parking lot . She stated that there are volunteers willing to donate services to create a bus turn around and enlarge the parking lot on the West side of the site and she is asking for some class 5 or gravel to add to the lot . Mr. Hutton explained the total cost of the gravel and labor would be under $1, 000 . Sweeney/Beard moved to authorize the City Engineer to undertake the projects requested moving the entrance to Murphy' s Landing to the East end and enlarging the parking lot on the West side . Cncl . Sweeney suggested that Mr. Hutton inspect the project after it is completed. Ms . Marty informed council that the east entrance would not be on city property and therefore negotiations should be started with Scott County to turn this land over to the city. Official Proceedings of the June 21, 1994 Shakopee City Council Page -3- Motion carried unanimously. Sweeney/Lynch moved to direct staff to enter into negotiations with Scott County to either grant permission to make the improvements or to pass title to the City through whatever means seems appropriate . Motion carried unanimously. Mayor Laurent turned the meeting over to Vice Mayor Beard because of a conflict of interest on the proposed vacation of Vierling Drive. Vice Mayor Beard opened the public hearing at 8 : 12 p .m. on the vacation of Vierling Drive between CR-15 and Harrison Street and a portion of Presidential Lane . Mr. Ekola gave a presentation on the proposed vacation of Vierling Drive and Presidential Lane . He stated that the Planning Commission found the vacation in conformance with the Comp Plan and is recommending approval . Cletus Link, 1216 Jefferson Street, did not object to the project but wondered when the right of way is vacated, does the land North of the new proposed Vierling Drive revert back to the property owner. Mr. Ekola stated the land would revert back to the property owners and would be a benefit because two additional lots can be created. Mr. Link stated that his previous engineering expenses would be more than the benefit of the creation of two lots. Cncl . Sweeney suggested that Mr. Link come back after the project is complete with real dollar figures to propose reimbursement at that time. . Cncl . Beard closed the public hearing at 8 :30 p.m. Lynch/Dirks offered Resolution No. 4022, a Resolution Vacating a Portion of Vierling Drive Between County Road 15 and Harrison Street, and a Portion of Presidential Lane and moved its adoption. Motion carried with Mayor Laurent abstaining. Mayor Laurent opened the public hearing on the vacation of a 20 foot utility easement on two lots, Lots 4 and 5, Block 1, Valley Park 6th Addition. Mr. Ekola gave a short presentation on the vacation. He stated that the Planning Commission is recommending approval of this project . Official Proceedings of the June 21, 1994 Shakopee City Council Page -4- Mayor Laurent asked if there were any comments from the audience . There were none. Mayor Laurent closed the public hearing at 8 :31 p.m. Sweeney/Beard offered Resolution No. 4023 , A resolution Vacating the Two Existing 20 Foot Wide (40 Foot Total) Drainage and Utility Easements lying 178 feet to the North of a Point Beginning 20 feet North of the Southern Lot Lines between Lot 4 and Lot 5, Block 1, Valley Park 6th Addition, and moved its adoption. Motion carried unanimously. Mayor Laurent opened the public hearing on the vacation of a 10 foot drainage and utility easement along interior lot lines, Lots 2 and 3 , Block 1, Century Plaza Square 3rd Addition. Mr. Ekola gave a presentation on the vacation. He stated that the property line would be adjusted between the two properties as a lot reconfiguration. Mayor Laurent asked if there were any comments from the audience. There were none . Mayor Laurent closed the public hearing at 8 : 34 p.m. Dirks/Beard offered Resolution No. 4024, a Resolution Vacating the 298 . 61 foot long by 20 foot wide Drainage and Utility Easement Located Adjacent to the Original Lot Line Between Lot 2 and Lot 3 , Block 1, Century Plaza Square 3rd Addition, Subject to the Recording of a new 298 . 61 Foot Long by 20 Foot Wide Drainage and Utility Easement Along the new Lot Line, and moved its adoption. Motion carried unanimously. Mayor Laurent opened the public hearing on proposed improvements to Viking Steel Road from CR-16 to TH-101 and to an unnamed road from CR-16 to 4th Avenue . Mr. Hutton explained that the unnamed roads will be known as Roundhouse Circle and Sarazan Street . He stated that the developer of Prairie Bend had petitioned for the improvements to Roundhouse Circle and Sarazan Street from 4th Avenue to CR-16 . He explained that the City Council asked that Viking Steel Road North of 4th Avenue be added to the feasibility study. He explained the proposed improvements and costs for each of the three roads . Harry Weinandt, 1259 Maxine Circle, stated that the Knights of Columbus put in a sewer line years ago and asked the city to look at cost consideration for the past project . Official Proceedings of the June 21, 1994 Shakopee City Council Page -5- Mr. Hutton explained the sewer line Mr. Weinandt mentioned was very shallow, four feet deep, and possibly some credit should be locked at . Jim Johnston, Sienna Corp, is the petitioner for the project and stated that the EAW was completed and they would like to move forward. Leroy Menke, 1185 Shumway, asked about a right of way from :he Knights of Columbus building. Mr. Hutton stated there would need to be acquisition of 40 to 50 feet from the Knights of Columbus hall . Mr. Menke stated that that would deplete some of their parking lot which was poured just last year. Harold Marshall, 2240 Marshall Road, asked if this is a district assessment . Dave Hutton responded that it would be a front foot assessment . Mr. Marschall asked if the KC' s would be getting a benefit . Mayor Laurent stated that benefit should be discussed at the public hearing on assessments . Bill Hauer, 1426 E. 4th Avenue, stated that he bought the Lenzmeier house and that the developer told him he would not be assessed for a road on the west side. Mayor Laurent closed the public hearing at 9 :30 p.m. Sweeney/Beard moved to amend the resolution by adding in the description Sarazan Street, aka Viking Steel Road from 4th Street to Hwy 101 . Motion carried unanimously. Sweeney/Beard moved to add paragraph 3 to the resolution, as authorized under the provisions of MN Statutes, the contract shall be let no later than three years from the date of this resolution. Motion carried with Cncl . Dirks and Lynch dissenting. Sweeney/Lynch offered Resolution No. 4025, a Resolution Ordering an Improvement and the preparation of Plans and Specifications for Sarazan Street, Between 4th Avenue and County Road 16 ; and Roundhouse Street Between 4th Avenue and County Road 16; and 4th Avenue, Between Shawnee Trail and Sarazan Street, Project No. 1994- 10 as amended, and moved its adoption. Motion carried unanimously. Lynch/Sweeney moved to direct staff to bring back some alternatives for design to accommodate development . Motion carried unanimously. Mayor Laurent recessed the City Council meeting for a break between 9 :40 and 9 : 50 p.m. Official Proceedings of the June 21, 1994 Shakopee City Council Page -6- Mayor Laurent opened the public hearing on proposed improvements to CR-16 from CR-17 to CR-83 by sanitary sewer and water service . Mr. Hutton explained that this project was generated by Scott County. Scott County will be letting a contract for CR-16 in March of 1995 and they are asking when the City wants to install sewer and water. If done now there will not be a need for street cuts in a new street later on. Segment 1 from Sarazan Street to VIP Interceptor (Hauer Trail) includes sewer. He explained that there were three options and than only option #3 would work. It would be assessed 1000 at approximately $1, 000/lot . Jim Johnston, Sienna Corporation, stated that he is in favor of the project and that it can never be done more efficiently than with the County. Don Reed, 1833 East 10th Avenue, questioned his receiving two assessments, one on a . 15 acre tract . Segment 2 from Hauer Trail to the Chaska Interceptor (Killarney Hills) includes sewer. Mr. Hutton explained that this is also known as the VIP Diverson and reminded Councilmembers that the City' s portion of the Chaska Interceptor cost was reduced by $800, 000 for this diversion. This is a 24 inch pipe. The only people who benefit from this are along CR-16 and they will be assessed only for an eight inch pipe. Dave King, 2860 Eagle Creek Blvd. , stated that he has everything he needs. He doesn' t want and doesn' t need any sidewalk, trail or curb and gutter. Mr. Hutton explained that he won' t be assessed for sidewalks or the bike trail because this is a collector street, but will be assessed for curb and gutter. Gene Hauer, 2888 Hauer Trail, asked Mr. Hutton to look into whether or not some of his parcels are provided service from Jasper Road and Limestone Drive . Jon Albinson, Valley Green Business Park, 5240 Valley Industrial Boulevard South, pointed out that the emergency road from the Racetrack will have to be realigned. He also noted that there will be a future need for water services and that none are proposed. The County will not allow digging into a new road. Mr. Hutton concurred that services need to be addressed and that there needs to be a meeting with Shakopee Public Utilities and with the County. Segment 3 is estimated to cost $31, 000 and will all benefit Valley Green Business Park. Official Proceedings of the June 21, 1994 Shakopee City Council Page -7- Jon Albinson, Valley Green Business Park, stated that he supported the project . Mr. Hutton pointed out that there would be no sewer from the Bypass to CR-83 , but that a connection can be made to the Chaska Interceptor when the Metropolitan Urban Service Area is ex:ended. Mr. Hutton explained that Scott County participation would pay for the sidewalk from CR-17 to Sarazan Street . The bike trail, at a cost of $51, 000, would not be assessed. The city portion of the curb and gutter would be assessed and that an additional public hearing will be held addressing the curb and gutter improvements . The City' s participation for the storm sewer would be $500, 000 . Mayor Laurent asked if there were further questions from the audience. There were none. Mayor Laurent closed the public hearing at 10 :30 p.m. Beard/Lynch offered Resolution No. 4026, a Resolution Ordering an Improvement and the Preparation of Plans and Specifications for County Road 16, Between County Road 17 and County Road 83 , Project No 1994-11, and moved its adoption. Ms . Marty stated there was a typo on the Resolution in paragraph three and should be MN Statute Section 429 . 041 . Motion carried unanimously. Sweeney/Lynch offered Ordinance No. 379, an Ordinance of the City of Shakopee Amending the Zoning Map to Rezone a 7 . 5 Acre Site Located South of the Blue Lake treatment Plant, on the South Side of T.H. 101, from Highway Business (B-i) to Heavy Industrial (I-2) , and moved its adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 4031, a Resolution Approving the Preliminary and Final Plats for Monnens Addition, and moved its adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No 4030, a Resolution Approving the Preliminary and Final Development Plans for the Scherer South Planned Unit Development, and moved its adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 4029, A Resolution Approving the Final Plat for Minnesota Valley 8th Addition, and moved its adoption. (Motion carried under consent business with Mayor Laurent abstaining. ) Ms . Marty stated that the B & B Pawnshop was not in compliance with the city ordinance with their signage, video or computer records . Official Pr:ceedings of the June 21, :994 Shakcpee City Council Page -8- Sweerey/Lyr.=h moved to deny a Pawnshop License to B & B Sales & Service Inc . dba/B & B Pawn, 137 N. Naumkeag Street, and a pawnbroker license to Douglas L. Bell and his three employees for the following reasons : failure to comply with the sign regulations in a timely .tanner (City Code Sec . 4 . 30) and failure to comply with the pawnshc: requirements (City Code Sec . 6 .28) . Mr. Bell, President of B & B Sales & Service Inc . , explained the problems he has had with management and a burglary and that he is up to compliance except for the sign. Cncl . Sweeney asked about the check from B & B Pawn for a pawnshop license that was returned to the City for NSF funds . Mr. Bell responded. Ms . Marty stated that there was no prohibition on reapplying for a license. Motion carried unanimously. Sweeney/Lynch moved to table and discuss the 1993 Comprehensive Annual Financial Report in a Committee of the Whole Meeting. Motion carried unanimously. Greg Voxland presented the proposed insurance plan for the city. Sweeney/Beard moved to accept the property/liability insurance proposals of the League of Minnesota Cities and Hartford and employee bonding coverage from United Casualty. Motion carried unanimously. Sweeney/Lynch moved to decline the petro fund coverage for 1994/95 . Motion carried unanimously. Sweeney/Beard moved to direct staff not to obtain an umbrella policy for 1994/95 . Cncl .Sweeney stated that City Council has discussed umbrella coverage on various occasions in the past. He said that what it essentially does is defeat the liability limits the statutes afford Cities. He feels it is an unwise decision to carry this coverage . If enough cities carry the umbrella coverage, the legislature may raise the limits. Also, the premiums are not cheap and the City has not budgeted for coverage . For these reasons he encouraged the Councilmembers to not vote for an umbrella policy. Motion carried unanimously. Sweeney/Lynch moved to approve the application and grant a massage center license to Dawn M. Krause, Klip & Kurl, 238 S . Lewis . (Motion carried under consent business . ) Official Proceedings of the June 21 , 1994 Shakopee City Council Page -9- Sweeney/Lynch offered Resolution No. 4012 , a Joint Resolution for Orderly Annexation by the City of Shakopee and the Township of Jackson, and moved its adoption; and authorized the appropriate City officials to execute the Orderly Annexation Agreement with Jackson Township. (Motion carried under consent business with Mayor Laurent abstaining. ) Mr. Hutton explained that the County is upgrading CR-15 (Apgar Street) . Several years ago the City Council discussed realignment of Apgar with Fuller Street to Wampach's. The County is asking the City to design that part of Fuller where it adjoins their project. Because of the short time available, Mr. Hutton suggested using a consultant to do the design. Discussion followed. Beard/Lynch directed staff to obtain a formal proposal from Strgar- Roscoe-Fausch, Inc. to design the Fuller Street realignment south of 10th Avenue. Leroy Menke expressed concern that there be any delay in the County moving forward with their project. Everyone in the neighborhood is disgusted with the dust problem. Motion carried unanimously. Beard/Lynch directed staff to request a Memorandum of Understanding on the Fuller Street realignment from Scott County, as soon as possible. Motion carried unanimously. Sweeney/Lynch moved to approve the applications and grant On Sale Wine Licenses to Stonebrooke of Shakopee, Inc. 2693 County Road 79 and Cedar Fair L.P. , One Valleyfair Drive. (Motion carried under consent business with Mayor Laurent abstaining. ) Sweeney/Lynch moved to approve the applications of and grant the following Non-Intoxicating Malt Liquor Licenses to: Superamerica Group - Division of Ashland Oil, Inc. , 1155 East 1st Avenue (Off- Sale) ; Cedar Fair L.P. , One Valleyfair Drive (On-Sale) ; Holiday Stationstores, Inc. , 444 East 1st Avenue (Off-Sale) ; Pizza Huts of the Northwest, Inc. , 257 Marschall Road (On-Sale) ; Retail Foods of Minnesota, a division of Gateway Foods, Inc. , dba Brooks Food Market #28, 615 Marschall Road (Off-Sale) ; Raceway Park, Inc. , One Checkered Flag Blvd. (On-Sale) ; Shakopee Ballroom & Banquet Center, Inc. , 2400 East 4th Avenue (On-Sale) ; Polka Dot Dairy, Inc. , Tom Thumb Food Markets, 590 South Marschall Road (Off-Sale) ; Fraternal Order of Eagles Aerie #4120, 220 West 2nd Avenue (On-Sale) ; Retail Foods of Minnesota, a division of Gateway Foods. , Inc. , dba Brooks Food Market #42 , 1147 Canterbury Road (Off-Sale) ; Sene's Inc. dba Imperial Wok, 237 East 1st Avenue (On-Sale) ; Stonebrooke of Shakopee, Inc. , 2693 County Road 79 (On-Sale) . (Motion carried under consent business with Mayor Laurent abstaining. ) Official Proceedings of the June 21, 1994 Shakopee City Council Page -10- Sweeney/Lynch moved to approve the applications of and grant the following Intoxicating Liquor Licenses to: Bretbecca, Inc. , 124 West 1st Avenue (On-Sale, Sunday and Off-Sale licenses) ; Rock Spring Restaurant Inc. , 1561 East 1st Avenue (On-Sale, Sunday, and Off-Sale) ; Clair's Bar, Inc. , 124 South Holmes (On-Sale, Sunday, and Off-Sale) ; Canterbury Park Concessions, Inc. , 1100 Canterbury Road (On-Sale and Sunday) ; Dangerfield's Restaurant, Inc. , 1583 East 1st Avenue (On-Sale, and Sunday) ; Springers on Main, Inc. , 911 East 1st Avenue (On-Sale and Sunday) ; MIN Hotel Corporation, 1244 Canterbury' Road (On-Sale and Sunday) ; Turtle's Bar & Grill, Inc. , 132 East 1st Avenue (On-Sale and Sunday) ; Corp-Tool, Inc. , 122 East 1st Avenue (On-Sale and Sunday) ; VFW Post #4046, Inc. , 1201 East 3rd Avenue (Sunday and Club) ; Family Dining, Inc. , 6268 Hwy 101 (Off-Sale) ; Riverside Liquors, Inc. , 507 East 1st Avenue (Off- Sale) ; Valley Liquor, Inc. , 1102 Minnesota Valley Mall (Off-Sale) ; Spirits of Shakopee, Inc. , 471 Marshall Road (Off-Sale) ; American Legion Club Post No. 2 , 1266 East 1st Avenue (Sunday and Club) ; Knights of Columbus Home Assn. , Inc. , 1760 East 4th Avenue (Sunday and Club) ; Pablo's Mexican Restaurant, Inc. , 230 South Lewis Street (On-Sale) . (Motion carried unanimously under consent business. ) Sweeney/Lynch moved to approve bills in the Amount of $4 , 141,923 .03 ($2 , 650, 000. 00 is a transfer of funds) . (Motion carried under consent business. ) Sweeney/Lynch moved to nominate Todd Bladow and James Link to the Planning Commission and Board of Adjustment and Appeals. (Motion carried under consent business. ) The July meetings were set for July 12 and July 26 . The August meetings are to remain the regular meetings. Sweeney/Lynch moved to accept Mr. Kraft's proposed meeting schedule for July and August. Motion carried unanimously. Cncl. Lynch asked for suggestions of Council to disseminate information to the citizens regarding the community center. Gary Morke, 1042 Merrifield Street, suggested that the information packet include explaining what TIF funds can be spent for, the effect of taxes being returned and using TIF funds for building a fire station. He stated that publishing articles in the newspaper would be helpful. Bob Tomczik, 1232 Monroe, stated that perhaps members of council and the Park and Recreation Board could meet with Mr. Zak and his group to inform them of the project. He stated that there have been two public hearings but neither of these interested groups were at them. Cncl. Sweeney stated that the main problem is the referendum issue. Official Proceedings of the June 21, 1994 Shakopee City Council Page -11- Cncl . Dirks suggested getting a newsletter or some type of information to the citizens before Mr. Zak' s group does the petition. Cncl . Lynch stated that she would like to have accurate information on the Chaska community center as far as costs, etc . Mr. Stock suggested having an open meeting, an article in the newspaper, special issue of the newsletter, perhaps on a monthly basis . Mr. Kraft suggested putting an article together at the Committee of the whole meeting. Lynch/Dirks moved to do some bulk mailing of information (on a community center) and make it as neutral as possible. Mayor Laurent stated he would meet with any groups to discuss questions they may have . Motion carried unanimously. Sweeney/Lynch offered Ordinance No. 378, an Ordinance of the City of Shakopee, Minnesota, Renaming Indigo Lane Lying Within the Meadows 9th Addition to Mound Street, and moved its adoption. (Motion carried under consent business . ) Sweeney/Lynch offered Resolution No. 4021, a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 1994 Pavement Preservation Program, Project No. 1994-12 and moved its adoption. (Motion carried under consent business. ) Sweeney/Lynch offered Resolution No. 4027, a Resolution Accepting Bids on the Public Works Parking Lot Improvements, Project No. 1994-9 and moved its adoption. (Motion carried under consent business . ) Lynch/Dirks moved to amend Resolution No. 4028, a Resolution Receiving a Report and Calling a Hearing on an Improvement to the Alley in Block 51, Original Shakopee Plat, Project No. 1994-14 to set public hearing on July 26, 1994 . Motion carried unanimously. Lynch/Sweeney offered Resolution No. 4028, as amended, and moved its adoption. Motion carried unanimously. Sweeney/Lynch offered Resolution No. 4033 , a Resolution Accepting Public Improvements for Parkview 1st Addition, and moved its adoption. (Motion carried under consent business . ) Cncl . Dirks stated there is little lighting on Valley Industrial Boulevard and the intersection on Hwy 83 and Valley Park Drive . Official Proceedings of the June 21, 1994 Shakopee City Council Page -12- She stated there are businesses that are 24 hour operations in this area and would like to see extra lighting in place . Mr. Hutton stated that he would look into the lighting situation. Mayor Laurent adjourned the City Council meeting at 11 :54 p.m. visti:tidtd lith S . C i y Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA JUNE 28, 1994 Mayor Laurent called the meeting to order at 5: 10 p.m. with Councilmembers Lynch, Dirks, and Sweeney present. Cncl.Beard was absent. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Lindberg Ekola, Planning Director; Dave Hutton, Public Works Director; Tom Steininger, Chief of Police; and Frank Ries, Fire Chief. Sweeney/Lynch moved to accept the special call of the Mayor. Motion carried unanimously. Lynch/Dirks offered Resolution No. 4032 , A Resolution Changing The July 5th and 19th, 1994 Council Meeting Dates, and moved its adoption. Motion carried unanimously. Discussion ensued on the draft newsletter regarding the community center. Suggestions were made on how to improve the newsletter as drafted. Mayor Laurent adjourned the meeting at 5: 26 p.m. . k ith S. Cox 'ty Clerk Recording Secretary / O& MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Communication from Rod MacRae, Celtic Festival Weekend DATE: July 8, 1994 INTRODUCTION: Mr. Roderick MacRae, Chief, Celtic Festival Weekend will be submitting a letter to the City Council asking that Council consider amending a restriction in the city code relating to temporary liquor licenses. BACKGROUND: A Celtic Festival Weekend is being planned for August 6th and 7th, 1994 at Murphy's Landing. Application is being made for a temporary liquor license to allow the sale of strong beer. The committee planning the festival desires to provide British ale in conjunction with the festivities. They are of the opinion that there is no on sale liquor licensee within the City of Shakopee available to provide the ale and catering services they desire. The sale of strong beer does require a liquor license. The city code allows for a temporary on-sale intoxicating liquor license for an occasion in connection with a social event sponsored by the licensee. The city code also allows the temporary licensee, "to contract with the holder of a full-year on-sale license, issued by the City, for liquor catering services. " Since there is no on sale licensee within Shakopee available to provide the services desired, Mr. MacRay is requesting that the City Council consider amending the city code deleting this requirement. ALTERNATIVES: 1] Amend the city code by removing the requirement that liquor catering services be provided only by on-sale liquor licensees within the City of Shakopee. 2] Do not amend the city code DISCUSSION: Staff is unaware of the reason for the restriction. It is not required by State law. The restriction appears to accomplish two things: 1) City Council would be familiar with a caterer licensed by them as opposed to another community, and 2) any catering business would be kept within the community. City Council will be provided with a copy of the letter from Mr. MacRae and with a draft ordinance amendment at the Tuesday Council meeting. Mr. MacRae, or someone on his behalf, was invited to attend the council meeting. The application for a temporary liquor license will be scheduled for Council consideration on August 2nd. After approval it must be approved by the Liquor Control Division of the Minnesota Department of Public Safety. If Council desires to amend the city code, the amendment should be adopted on July 12th to allow for publication of the ordinance in a timely manner and to allow for planning for the Celtic Festival Weekend. RECOMMENDATION: City Council should discuss the request of Mr. MacRae and determine whether or not the requested amendment is in the best interest of the City of Shakopee. SHAKOPE E June 28, 1994 Mr. Roderick MacRae, Chief Celtic Festival Weekend 1210 West 22nd Street Minneapolis, MN 55405 Dear Mr. MacRae: I am writing in follow-up to our telephone conversation this morning. Enclosed is a list of on-sale intoxicating liquor licensees within the City of Shakopee. As I mentioned, the City Code allows a temporary liquor licensee to contract with the holder of a full- year on-sale license, issued by the City, for liquor catering services. If you are unable to locate a licensee willing to provide the catering services for the Celtic Festival Weekend, you may wish to explain your situation to the City Council and ask them if they would consider amending the city code. A new application should be made by a club meeting the requirements of the city code. Both the applicant and the caterer must provide proof of liquor liability insurance. The area where the liquor will be sold and consumed should be described in the application and should be confined on the premises, as we discussed. I am sending you a copy of the city code relating to temporary on-sale liquor licensing, for your information. Please let me know if I can help in any way. I would like to see the Celtic Festival Weekend continue to grow in Shakopee. Sincerely, -,- ,, ,% 2C Ju ith S. Cox •City Clerk Cc'.�n.j\rn PRI E 9:NCE 17 :2— - C',: " -• ' .. .. ._ 1 :,. --_--4 -7:• _ J:-?-4-4-iS..;EJ _t7 Vic o SEC. 5.:.:. SPORTS OR CONVENTION FACILITIES LICENSE. The Ce_-til may =_:ncri:e any holder cf an on-sale liquor license issued by the Ci:y or by an adjacent municipa. to set! icuor at any convention, banquet, conference, meeting or scc:al affair conducted on the :•_mases of a sports or convention facility owned by the City. or instrumentality thereof having ind__endent _ciicy making and appropriating authority and located within the City. The licensee must de engaged to sell liquor at such art event by the person or organization permittee to use :re premises, and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athie:c even:. Such saves may be :invited to designated areas of the facility. All such sales shall be subject to all laws relating t`e•eto. (Ord. 124, August 4, 1983) SEC. 5.36. TEMPORARY LIQUOR LICENSE. Subd. 1. License Authorized. Notwithstanding any provision of the City Code to the contrary, the Council may issue a license for the temporary on-sale of liquor in connection with a social event sponsored by the licensee. Such license may provide that the licensee may contract with the holder of a full ear on-sale license, issued by the City, for liquor caterind services. § 5 . 40 Subd. 2. Applicant. The applicant for a license under this Section must be a club or charitable, religious, or other non- profit organization in existence for at least three years. Subd. 3. Terms and Conditions of License. A. No license is valid until approved by the Commissioner. B. No license shall be issued for more than three consecutive days. C. All licenses and licensees are subject to all provisions of statutes and the City Code relating to liquor safe and licensing. The licensee shall provide proof of financial responsibility coverage and, in the case of catering by a full-year on-sale licensee, such caterer shall provide proof of the extension of such coverage to the licensed premises. D. Licenses may authorize sales on premises other than those owned or permanently occupied by the licensee. (Ord. 198, July 24, 1986) SECTIONS 5.37 - 5.39. Reserved. SEC. 5.40. ON-SALE WINE LICENSE. Subd. 1. License Required. It is unlawful for any person to sell, or keep or offer for sale, any wine, which shall rot exceed 14% alcohol by volume, without a license therefor from the City. Subd. 2. Repealed. • Subd. 3. Wine License Restrictions. A. It is unlawful to sell wine during hours, or on days, when the cn-safe cf liquor is no: permitted by Minnesota Statutes. B. It is unlawful for any person to consume, cr any licensee to permit consumption Cf. any wine on licensed premises more than thirty (30) mir_.es after the hour vi'-en a sane can lega'.y be made. Provided. that this shall not prevent a licensee fr_ . cortin_ nC to sen e food after the Ieca: .:me fcr making wine saves. It is also un for any licensee to pr_ ,it or p'e ent a . ice office , by any means. _ `- '-'Taro:, : an irs_ec:'cn to c_senve v. ether cr no: this S.._divisCr is being /Z.cnfzesaki T.o 'tttan, l Scottish caws, 1210 West 22nd Street, Minneapolis NST 55405 PETITICV TO THE CITY OF SHAKOPi SUBJECT: Variation of code for a temporary alcohol license for the Celtic Festival Weekend, August 6-7, 1994, at Murphy's Landing The Minnesota Coalition of Scottish Clans Inc. herwith requests a variance from the code of the City of Shakopee concerning a temporary liquor license. We understand that the city code now requires the license holder to be licensed within the city of Shakopee. We believe this code to be unduly restrictive in relation to this event for the following reasons: 1 ) The Celtic Festival Weekend is a caLtaAa2 event and i qu.i/r _6 alcoholic !eveaopec4i.c .to -the caliwwz. The Celtic community desire ales and beers from Scotland, Ireland and Wales which are not commonly available through local providers. The Irish Well specialises in these products and can readily supply them. 2) The Irish Well has already arranged insurance insurance coverage for the sponsors and the City of Shakopee which would be difficult to obtain otherwise. 3) The short period of time for bar service would not be attractive to a local provider. The Irish Well is accustomed to serving the ('i 1 tic community. Because of the unique nature of the Celtic Festival Weekend and the unique nature of the Murphy's Landing site we believe that this request is justified. The Murphy's Landing site does not provide for alcohol con- sumption during their regular open hours. The evening event for the Celtic Festival is a social and cultural event with dance, poetry and music. Irish or Soot's ales are the common drink for such events. We believe that a ligour license holder already known to us can provide better and more controlled service. CITY OF SHAKOPEE Roderick MacRae Chief, Celtic Festival D J U L 1 2 1994 & Officer MCSC E C Irl 7 JDA ORDINANCE NO. , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, LIQUOR, BEER AND WINE LICENSING AND REGULATION, BY REPEALING SEC. 5 .36, TEMPORARY LIQUOR LICENSE, AND ENACTING ONE NEW SECTION IN LIEU THEREOF RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 5, Liquor, Beer and Wine Licensing and Regulation, is hereby amended by repealing Sec. 5 . 36, Temporary Liquor License, and enacting one new subdivision in lieu thereof, which shall read as follows : "SEC. 5 .36 . TEMPORARY LIQUOR LICENSE. Subd. 1. License Authorized. Notwithstanding any provision of the City Code to the contrary, the Council may issue a license for the temporary on-sale of liquor in connection with a social event sponsored by the licensee. Such license may provide that the licensee may contract with the holder of a full-year on-sale license, issued by any municipality the City, for liquor catering services . Subd. 2 . Applicant. The applicant for a license under this Section must be a club or charitable, religious, or other non- profit organization in existence for at least three years . Subd. 3 . Terms and Conditions of License. A. No license is valid until approved by the Commissioner. B. No license shall be issued for more than three consecutive days. C. All licenses and licensees are subject to all provisions of statutes and the City Code relating to liquor sale and licensing, except Sec. 5 . 09 and those laws and ordinances which by their nature are not applicable. The licenoee shall provide proof of financial responoibility coverage and, in the case of to the liccnoed prcmicco . D. Licenses may authorize sales on premises other than those owned or permanently occupied by the licensee . " Note : The redlined language is deleted; the underlined language is inserted. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 5 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1994 . [12ORD1] -2- /1 MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Appeal of the Decision of the Shakopee Board of Adjustment and Appeals - Shiely Company DATE: July 6, 1994 INTRODUCTION: The Shiely Company has requested a variance to Section 11.05, Subd. 7.C.8, regarding the hours of operation for mining. The subject site is located within the Heavy Industrial (I-2) Zoning District. At the June 9, 1994, meeting, the Board of Adjustment and Appeals denied the request for the Variance. The applicants have appealed this decision to the City Council. BACKGROUND AND DISCUSSION: The Shiely Company requested a variance to Section 11.05, Subd. 7.C.8, regarding the 7:00 A.M. to 7:00 P.M. hours of operation allowed for mining. They requested the variance to allow them to operate from 6:00 A.M. to 7:00 PM. The Board of Adjustment and Appeals held the public hearing at their June 9, 1994, meeting. However, the variance request was denied. The applicants have submitted the attached letter requesting an appeal of the decision of the Board of Adjustment and Appeals. (See Exhibit A.) A copy of the Staff Report from the June 9, 1994, Planning Commission Agenda Packet has been attached to this staff report. Please refer to this Staff Report for background information regarding this variance request. ALTERNATIVES: 1. Uphold the decision of the Board of Adjustment and Appeals and affirm the denial of the variance request. 2. Overturn the decision of the Board of Adjustment and Appeals and approve a variance to Section 11.05, Subd. 7.C.8, as requested by the applicant. 3. Table the decision to allow the applicant or staff to provide additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Appeal Resolution No. CC-687, A Resolution Approving A One Hour Variance to the 7:00 A.M. to 7:00 P.M. Restriction to the Hours of Operation for Mining, and move its approval. (If the City Council concurs with the decision of the Board of Adjustment and Appeals to deny the variance request, the City Council should vote against the adoption of this Resolution.) {Cf CYCOUNMPPEALSH.712} APPEAL RESOLUTION NO. CC-687 A RESOLUTION OF THE CITY OF SHAKOPEE, MLNNESOTA, APPRONI G A ONE HOUR VARIANCE TO THE 7:00 A.M TO 7:00 PM RESTRICTION TO THE HOURS OF OPERATION FOR MINING. WHEREAS, the Shiely Company is the owner of said property; and WHEREAS, the owner has filed an application dated May 17, 1994, for a variance under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.04, Subd. 5, for a one hour variance to the 7:00 A.M. to 7:00 P.M. Restriction to the hours of operation for mining to allow the applicant to operate from 6:00 A.M. to 7:00 P.M; and WHEREAS, this parcel is presently zoned Heavy Industrial (I-2); and WHEREAS, the property upon which the request is being made is legally described on Attachment A; and WHEREAS, notice was provided and on June 9, 1994, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the City Planner and invited members of the public to comment. WHEREAS, at the conclusion of the public hearing, the Board of Adjustment and Appeals voted to deny the application; and WHEREAS, a written appeal was filed with the City Administrator within seven days of the action of the Board of Adjustment and Appeals; and WHEREAS, the City Council has reviewed the application, the record before the Board of Adjustment and Appeals, and the Board of Adjustment and Appeal's action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the application for Variance No. CC-687 is hereby APPROVED, and the applicant has been granted a variance to perform mining operations on the subject site from 6:00 A.M. to 7:00 P.M. 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 • Exact Legal Description That part of the north 824.0 feet (as measured at right angles to the north line) of the Northeast Quarter of Section 10, Township 115, Range 22, Scott County, Minnesota lying north and east of the south 488.00 feet of the west 179.95 feet of said north 824.00 feet. and The N 1/2 of the NW 1/4 of Section 11, Township 115, Range 22 West; and The SW 1/4 of Section 2, Township 115. Range 22 West lying South of the Chicago, Saint Paul, Minneapolis and Omaha Railroad line; and The SE 1/4 of Section 3, Township 115, Range 22 West, lying South of the Chicago, Saint Paul, Minneapolis and Omaha Railroad line excluding, however, the following: That part of the West 200 feet as measured at the West line thereof the SE 1/4 of Section 3, Township 115, Range 22, Scott County lying southerly of the southeasterly extension of the northeasterly line of Lot I, Block 5, Valley Park First Addition and lying northerly of the easterly extension of the southerly line of said Lot 3. EXHIBIT A Shiely Company • Shiely ' Sjte Ea(a-_:.. 5,t2' :3.x135 Fax(6'2 -:3.81oi June 16, 1994 Mr. Lindberg Ekola, City Planner 129 Holmes St. City Hall Shakopee, MN 55379 Dear Mr. Ekola: Please accept this letter as Shiely Company's notification of appeal to the Shakopee City Council. We are appealing the June 9, 1994 decision of the Shakopee Board of Adjustment and Appeals Commission to deny Shiely's request for a variance from the 7:00 am mining start time. In a few days, I will submit a detailed letter to the council. Sincerely, 7776C Mark Suel Environmental Affairs Assistant CELEBRATING YE.4_RS! Qu_ CoNNUNTn PRIDE SCcCE 18.i- SHAKOPEE STAFF REPORT MEETING DATE: June 9 , 1994 RESOLUTION NO• : PC-687 PREPARED BY: Terrie Sandbeck, Assistant Planner APPLICANT APPLICABLE PROVISIONS: Section 11. 04 , Subd. 5 Section 11.05, Subd. 7 , Subparagraph C.8 PROPOSAL: The applicant is requesting a variance to the Hours of Operation for Mining. LOCATION: 6896 Highway 101 APPLICANT: Shiely Company SITE DATA Heavy Industrial (I-2) ZONING: Approximately 257 . 5 Acres ACREAGE: MUNICIPAL UTILITIES: No ADJACENT ZONING AND LAND USE: N- B-1/I-2 Commercial/Industrial S- I-1/1-2 Industrial E- I-2 Industrial W- I-1/I/2 Industrial CONSIDERATIONS: 1. Shiely Company is requesting a variance to Section 11.05, Subd. 7.C.8, regarding the hours of operation for mining. The subject site is located within the Heavy Industrial (I-2) Zoning District. (See Exhibit A.) 2. Section 11.05, Subd. 7, (Mineral Extraction and Land Rehabilitation), Subparagraph C (Performance Standards), Item 8, regarding the hours of operation for mining, states the following: "Hours of Operation. All mining operations shall be conducted between the hours of 7:00 A.M. and 7:00 P.M. Any operations not conducted between the hours of 7:00 A.M. and 7:00 P.M. shall require a conditional use permit. Such permits shall be granted for public or private emergency or whenever any reasonable or necessary repairs to equipment are required to be made. " 3. In 1985, the Planning Commission issued Conditional Use Permit No. 375 to the Shiely Company. One of the conditions of approval requires a yearly review of the permits, and requires that the applicant apply for a renewal every three years. The permit was last renewed at the May 5, 1994, meeting of the Planning Commission. With this last renewal, the applicant requested an amendment the mining hours to allow for an earlier start. The current permit allows mining from 7:00 AM to 7:00 PM (Condition No. 8). The applicant requested an amendment to extend these hours to 6:00 AM to 7:00 PM. Since Section 11.05, Subd. 7, Subparagraph C, Item 8, regarding the hours of operation for mining, states that "all mining operations shall be conducted between the hours of 7:00 A.M. and 7:00 P.M.", staff could not recommend the approval of this request for an amendment to the permit. At the May 5, 1994, meeting, the Planning Commission approved both 1) The three (3) year renewal of Mineral Extraction and Land Reclamation Permit No. 375, subject to the original conditions of the permit; and 2) The annual review of Conditional Use Permit no. 375 for the year 1994. Attached is a copy of Conditional Use Permit No. 375, and a copy of Amendment No. 1 to Conditional Use Permit No. 375 which includes the four conditions that were added to the permit in 1991. Please refer to this staff report for additional background information regarding the mining operation. 4. With this application the applicant is requesting a variance to Section 11.05, Subd. 7, Subparagraph C.8 to allow them to mine the site between the hours of 6:00 A.M. to 7:00 P.M. The approval of this variance would allow the company to take advantage of some timing efficiencies and weather conditions which they believe will improve their operation. 2 5. The 6:00 A.M. start time which is being requested, would be used to haul rock from the pit to the processing equipment area. It would also allow workers to haul rock without interruptions. When they do not begin until 7:00 A.M., the customers which need to be loaded consume the majority of the worker's time. In addition, the earlier start would allow the employees to haul from the pit during the cooler morning hours and to provide faster service to their customers. The applicants feel that the additional hour would enable Shiely to increase production and improve customer service. No blasting or external hauling will take place. Since most of the activity would occur within the pit itself, the applicant feels that the related noise would go unnoticed. Please refer to the attached cover letter from the applicant (Exhibit C). FINDINGS: Criteria #1 Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this Chapter have had no control. FINDING #1 There are no exceptional circumstances which apply to the subject property which do not apply to other properties in the same zoning district. Criteria #2 The literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter. FINDING #2 Other mining operations in the City have complied with or have more restrictive hours of operation as established in the Zoning Ordinance. Criteria #3 That the special conditions or circumstances do not result from the actions of the applicant. FINDING #3 The mining operation and the request to extend the hours of operation beyond the Zoning Ordinance requirement is the result of the applicant's action. Criteria #4 That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. FINDING #4 The granting of the variance would confer a special privilege to the applicant that other property owners with the appropriate permits for mining could not do. 3 Criteria #5 The variance requested is the minimum variance which would alleviate the hardship. FINDING #5 No evidence or supporting material has been provided which would establish that the additional one hour of operation is minimum variance necessary to alleviate the hardship. Criteria #6 The variance would not be materially detrimental to the purposes of this Chapter, or to the property in the same zone. FINDING #6 The variance would be detrimental to the purposes of the Zoning Ordinance. ALTERNATIVES: 1. Deny the variance request. 2. Approve the variance request. 3. Continue the public hearing to allow time for the applicant and staff to present additional information. STAFF RECO`LMENDATION: A variance to the provisions of the Zoning Chapter may be issued to provide relief to the landowner in those zones where the Chapter imposes undue hardships or practical difficulties to the property owner in the use of land. A variance may be granted only in the event that the above criteria can be met. Staff is recommending the denial of the application (Alternative No. 1) for a variance to the maximum hours of operation for mining. - ACTION REOUESTED: Offer Variance Resolution No. PC-687, A Resolution Approving a One Hour Variance to the 7:00 A.M. to 7:00 P.M. Restriction to the Hours of Operation for Mining, and move its adoption. (If the Board of Adjustment and Appeals concurs with the recommendation of Staff, the Board of Adjustment and Appeals should vote against the adoption of this Resolution.) {PLA4COMM VARSHIELJUN} 4 EXHIBIT A •1 . . ..›. * • .L. t ���1. 1 � • • LAKE. ' •• • 7 G.. • FI$ ER �' ••• ,. • 1 • •••••• • j 12 . ' ' .* • 1, • - . .% :- .. _— — mmomm ligl11111111111pp . . .. _ 4}�, .� Jam/ ' .,4. 'l.,/ • 1 •••i //�� J S v '4'18-':'• al. ) ........................ .. .. .. .. t i. . �:„ 1 1 I il 1 4iii};}i? -i}}i}?ii}?i}}::�;: :ti:ti?:-?:!.iii:i}i:•::: 1 1 � �+ Ifs .i • pl L3C LAfQ I�; xa la►raf ' _', f�t7te. I 11 j . i • AG AGRICULTURE NI '`` R 1 RURAL RESIDENTIAL R2 URBAN RESIDENTIAL - R3 MID-DENSITY RES. It R4 MULTI FAMILY RES. r Bi HIGHWAY BUSINESS " RI B2 COMMUNITY BUSINESS B3 CENTRAL BUSINESS `�"` u 1 LIGIiT INDUSTRIAL • , a u 1. 12 HEAVY INDUSTRIAL • ' R1 S SHORELAND i FLOODPLAIN DISTRICT a .......• MANDATORY PUD i �, RTD RACETRACK DISTRICT '"= •� Zoning Map City of SHAKOPEE immoommigEXHIBIT B Shiely Company •miomi ■ �� 2915 Waters Rd.,Suite 105 Eagan, S 55121 sommi Shiely (612)683-0600 Fax(612)683.8108 Nimmignmor May 16. 1994 Board of Adjustment and Appeals Members City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Dear Members: On May 5, 1994, Shiely Company presented its three year renewal plan for a mining operation to the Shakopee Planning Commission.Commission members approved the plan,however,they voted against granting a conditional use amendment that would have allowed Shiely to begin operations at 6am instead of the mandated 7am. Members were informed by the City Planner,Lindberg Ekola, that they did not have the authority to amend Shiely's permit pursuant to city ordinance SS 11.05 8. which specifies hours of operation (7am to 7pm). Shiely is now seeking a variance from this ordinance. We are asking that our conditional use permit be amended to allow operations to begin at 6am. The additional hour will be used to haul rock from the quarry floor to the process area. We would not do any blasting or external hauling between 6am and 7am. The earlier start would allow us to haul from the pit during the cooler morning hours and provide faster service to customers. The following addresses the six criteria necessary for granting a variance. 1)Minnesota's short mining season is the primary reason we seek this variance. An additional hour of mining results in an extra 250 tons of processed aggregate per day; 2) A literal interpretation of the zoning ordinance would disallow full use of industrial property which is afforded to neighboring industrial manufacturers;3) The special conditions surrounding this case--namely Minnesota winters and an increased local demand for construction materials--are not due to the applicants actions; 4) Considering that Shiely is located in an industrial district, by allowing this variance, board members would not be conferring a special privilege;neighboring manufacturers are not hampered by time restrictions; 5)The one hour variance requested is the minimum required to alleviate our hardship;6) and since noise has not been an issue with our neighbors, we do not believe this variance would be detrimental to the zoning chapter or to property in the same zone. Thank you for your consideration. Sincerely, Mark Suel Environmental Affairs Assistant CELEBRATING YEARS.' Quality Construction Materials • • CITY OF SHAKOI'EE l "• EXHIBIT C.1 CONDITIONAL USE PERMIT RESOLUTION NO. 375 • • } wiiERr•.As, J.L. Shiely Company having duly `` filed an application for a Conditional Use Permit dated 11-8-84 under the provisions of the Shakopee Zoning Ordinance, Section 11.04 , Subd 6, Section 11.05, Subd 7 , .as follows: • CUP for mining and excavation industry in the I-1 and I-2 zoning districtsand •• •.4•�' I' • wilL•'n:As, the present zoning for the parcel on which the :'$� r Conditional Use Permit is being requested is designated as: � .' I-1 & I-2 , and � 'YT.!•:••••:!•;,•••••7..::- WHEREAS, the property upon which the request is being is described as: SW f Sect. 2, N 1 of •NW # of Sect. 11 ; and • SE of Section '3 r '' WHEREAS, upon hearing the advice and recommendation of the City:' Planner and upon considering the' suggestions and objections raised by the affected property owners within a radius of 350 feet thereof:::,• ¢' in a public hearing duly held thereon. NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE PLANNING '• • COMMISSION OF THE CITY OF SIHAKOPEE, MINNESOTA, that the aforementioned • Conditional Use Permit application be and is hereby: approve as follows. 1) The Mining Permit be renewed every three years. Annual • Planning Commission review of the permit. 2) The applicant shall prepare and record an agreement between •"., them and the City which holds the City harmless for any -S' damages which may result from the end use of the property. 3) The Conditional Use Permit and Mining Permit shall apply •it • only to the existing quarry and its expansion. ;:��� 41 A variance from the reclamation regulations which require the bank of the lake to be sloped at a rate no greater than 3.1 is hereby granted based on the hold harmless agreement and shall be limited to that portion which is limestone in ,-;' !►', nature. : .,� ,::;• 5) The end use plan "Map C" as submitted by the applicant shall be regarded as a concept plan subject tou ther review. Cont. over DE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, Section 11.04, Subd. 6C-12, if an approved Conditional Use Permit • is not utilized within one year from date herein approved or by • • `.' January 24 , 1986 it shall become null and void. • • Adopted in regular session of the Shakopee . Planning Commission of the City of Shakopee, Minnesota held this 24th day of January , 19 85 Lee Stoltzman /s/ Chairman of the Planning Commission • -`� ATTEST: • City Jann�•r • • • • 11/R4 �. ;°" 7 ' 6) The applicant shall' control..dust on the'.site and.access, _ road."" •• 7) Noise emissions shall not exceed the Minnesota Pollution `., '" '.. ' - . Control Agency and Mine Safety. Health Administration standards.,; • • =' • . 8) All mining operation shall be conducted between the hours of ,;'. t. 7.00 A.M. and 7.00 P:M. • •:%:,:9: •'• 9) The mining operation shall maintain the following minimum-. • • • .-. ....,% . . . • setbacks: 100 *feet from the•property line, 500 feet. tram ;' .;:? . ' •4•'• any commercial structures, 'nor 30 feet from any road right,F;.;� .,:`;: F:: of-way. • 10) Adjacent commercial properties' shall be screened'from the• ; ..,. .,• 1 ' •1•• mining operation by natural vegetation and trees. ,•' �•.. `,• . • ' 1 •••:; : .. 11) No truck traffic from the mining operation be routed through i :•,..- -• : : .: :.,. "' the urban section of Shakopee. ,!0 ' ' 12) Safety fencing at least four feet in height shall be installed ti around the perimeter of the operation. . •••. • . ... 13) If the applicant increases the pumping rate of the dewateing : . ' 1 _' �t • " . 'pump, the applicant shall submit a drainage report to the City ' :. l ...-' '" Engineer which will show that downstream facilities have:-the• • : - • capacity for the dewatering'pump.'. - • . • 14) Use of explosives must not damage the natural watercourse ' through the center of the quarry. Explosives shall not , . :.. be stored on site. ' I • • • 15) The mining operation shall comply with all other city codes. ti.-: : ;;, • • 16) The Shakopee Planning Commission•shall .serve as a long range , planning committee to meet . annually with applicant•for the • . purpose of reviewal and to 'serve as a reclamation committee T • -. to deal with site, treatment-and planning. . . . • -. _ ' • 17) The applicant and the Reclamation Committee work towards a• _ : ;r:. preliminary reclamation plan to be completed at the end of - -` . the first two years, at which time a determination on the - • - '•. _ .;`�` ' submittal of a biological report'or EAW, to be done for, the ' ::, ` three year renewal, shall be made. . ; 16) Recommend continuing the collection of dewatering data and., :f.'c ice • request a formal review by the DNR. : '.tip 191 The applicant shall prepare in report form, a plan for operation,' . ' i "•tom:' which if acceptable, shall be adopted by resolution as .the .mining . s •:. permit. ..1 - . • • . . M1' J,S J. ) 20) Annual review shall be conducted on or about February 1st. • y ;' .,.' _;•`; Any information for review shall be made available through staff by December 1st. , �•� `' ' • • S „ta• . • i• J .,• �, ,' • • • • vS. . • • EXHIBIT C.2 CITY OF SHAKOPEE AMENDMENT NO. 1 CONDITIONAL USE PERMIT RESOLUTION NO. 375 WHEREAS, J. L. Shiely Company having duly filed an application for a Conditional Use Permit dated 11-8-84 under the provisions of the Shakopee Zoning Ordinance, Section 11. 04 , Subd. 6, Section 11 . 05, Subd. 7 , as follows : CPU for mining and excavation industry in the I-1 and I-2 zoning districts; and WHEREAS, the present zoning for the parcel on which the Conditional Use Permit is being requested is designated as: I-1 & I-2 ; and WHEREAS, the property upon which the request is being made is described as : SW 1/4 Sect. 2 , N 1/2 of NW 1/4 of Sect. 11, SE 1/4 of Section 3 ; and WHEREAS, upon hearing the advise and recommendation of the _ City Planner and upon considering the suggestions and objections raised by the affected property owners within a radius of 350 feet thereof in a public hearing duly held thereon. WHEREAS, the Shakopee Planning Commission did on January 24 , 1985 adopt Conditional Use Permit Resolution No. 375 , which approved the application subject to twenty conditions including a renewal of the permit every three years. WHEREAS, the applicant having duly filed an application for renewal on March 7 , 1991 for the renewal . NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE PLANNING COMMISSION OF THE CITY OF SHAKOPEE, that the application for renewal of the aforementioned Conditional Use Permit is hereby approved with four additional conditions: 1. The plan of operation submitted by the J. L. Shiely Co. is hereby adopted as the mining permit and the J . L. Shiely Co. must carry out its operation in compliance with said plan except as required by amendments listed i Condition 2 . 2 . Prior to the initiation of the proposed mining of an additional 40 feet in depth of the east quarry or initiating mining operation on the west portion of the site, the Mineral Extraction and Land Reclamation Permit and Conditional Use Permit No . 375 must be amended regardless of the three year time frame interval for renewal . 3 . The site plan must be redrawn for the 1992 Annual Review to recognize the 100 foot mining setback requirement (Condition 9) . 4 . A silt barrier or other appropriate erosion control measure must be installed between the overburden pile and the drainage ditch subject to approval of the City Engineer. BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, Section 11. 04 , Subd. 6C-12 , if an approved Conditional Use Permit is not utilized within one year from date herein approved or by May 9 , 1992 , it shall become null and void. Adopted in regular session of the Shakopee Planning Commission of the City of Shakopee, Minnesota held this 9th day of May, 1991. i7r VIMVA-(li 1( 4(L-- h irperson of the Planning Commission ATT: 111. A ..-2) --4/1-- Pity P anner 07/08/94 09:45 FAX 612 683 8108 SHIELY CO. 0002/002 elI Elm= ShielyShletyCompany 2915 Waters Rd.,Suite 105 Eagan,MN 55121 (612)683-0600 momminismy Fax(612)683-8108 July 7, 1994 Gary Laurent, Mayor City of Shakopee 128 South Fuller Shakopee, MN 55379 Dear Mayor Laurent: The Shiely Company quarries and processes limestone for the construction industry in the City of Shakopee at 6896 Highway 101 which is located south of the Blue Lake Sewage Treatment Plant and south of Elk River Concrete. The location of this mine is in the city's I-2, Heavy Industrial Zone. The Company has been mining here for four decades in relative harmony with our neighboring industrial users. At this year's Annual Review and Conditional Use Permit Renewal hearing, the Company requested permission to start its quarrying operations at 6:00am.Currently,we are restricted to the hours of 7:00am to 7:00pm. The Board of Adjustments and Appeals heard our request on June 9 and denied the variance. This change would allow us to haul rock up from the quarry one hour earlier. This change is for business efficiencies, for improving customer service and for the comfort and convenience of our employees. In this specific case, it does not appear the public good is served by hour restrictions. No adjacent property owner benefits by this restriction.All of our neighbors are industrial or commercial users with no restrictions on their hours of operation. The Board of Appeals recognized that there are no nearby residences and, in fact,city staff informed the Board that there have been no noise complaints about our operation. The Board of Appeals was concerned, however, that a variance which would allow the Shiely Company expanded hours of operation would be unfair to other mining operations in the city. Shiely, however, is the only mine located in an industrial zone, all others are located in agricultural/residential zones. I believe, though I am not an attorney,that land use restrictions are important for insuring compatibility between users and protecting property values, but they were not intended for the purpose of regulating commerce. This is important to the Shiely Company and we hope that you will see that these types of restrictions have no place in this particular zoning district. Thank you for your consideration. Sincerely, Zie'da-c- zyZ Robert H. Bieraugel Environmental Affairs Manager cE 1 g4rING YEARS! Quality Construction Materials ) ,2 , MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Transit Vehicle Procurement DATE: July 5, 1994 INTRODUCTION: On June 22, 1994 the Shakopee Community Development Commission recommended to City Council that the City utilize the services of Mr. George Bentley in an attempt to obtain funds for transit vehicle procurement . BACKGROUND: Up until 1992 the City of Shakopee could not utilize transit funds to acquire transportation vehicles for the City' s Dial-A-Ride and/or Van Pool Program. Capital funds through the Regional Transit Board now exist for the City to acquire their own vehicles . With the assistance of Mr. George Bentley, the Southwest Metro Transportation System has recently secured funding to acquire vehicles for their Dial-A-Ride and Fixed Route Program. The Minnesota Valley Transit System is currently going through the process to acquire their own vehicles . They are also utilizing the services of Mr. George Bentley to assist them in securing the funding. Shown in attachment #1 is a correspondence from Mr. George Bentley which outlines the vehicle procurement procedure and the benefits that the City would incur if we at some point in time select to acquire Dial-A-Ride vehicles. The Community Development Commission believes that a window of opportunity exists whereby the City could potentially obtain funding for transit vehicles while relying on the expertise of Mr. Bentley and the staff at Minnesota Valley Transit to complete the process . It is important to note that the capital funds provided through this program are over and above the operating dollars that we are eligible to receive. It is also important to note that at any time during the process, the City of Shakopee could select to discontinue participation. There are obviously several questions that would need to be resolved (vehicle maintenance, storage, etc . ) should we be successful in our efforts to obtain capital funding. However, due to the relatively long time frame that the process entails (12 months) the Community Development Commission felt that it would be appropriate to proceed at this time given Minnesota Valley Transit' s current time schedule. Ultimately if we are successful in obtaining capital funds and purchasing our own transit vehicles we can expect to see lower overall transit program operating costs . This will in turn allow us to look at more transit service options in terms of increased service levels . Cost incurred as a result of utilizing Mr. Bentley' s services will be covered through the 1994 Transit Budget. Adequate funds presently exist to cover Mr. Bentley' s services which are not expected to exceed $2, 500 . ALTERNATIVES: 1 . Move to direct staff to work with Minnesota Valley Transit System through their vehicle procurement process and utilize the services of Mr. George Bentley to assist us in our efforts to obtain capital funding. 2 . Do not pursue capital funds at this time to acquire Dial-A- Ride vehicles . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to direct staff to work with Minnesota Valley Transit System through their vehicle procurement process and utilize the services of Mr. George Bentley to assist us in our efforts to obtain capital funding. Attachment #1 G.C. BENTLEY' ASSOC. INC. 7525 Mitchell Rd., Ste. 216 Eden Prairie, MN 55344 (612) 937-3502 June 17, 1994 MEMO TO: Barry Stock, Cityy� of Shakopee FROM: George Bentley ,41C.4Ki SUBJECT: Shakopee Transit Vehicle Procurement BACKGROUND The purpose of this memo is to assist the City of Shakopee to consider the purchase of a fleet of small transit vehicles to operate your local transit service. At the present time Shakopee provides dial-a-ride and van pool services to its residents under the replacement service statute, Minn. Statute §473.388. Under this statute Shakopee is allowed to use up to 90 percent of the locally generated regional transit property tax to operate its own local transit system. Dial-a-ride services are currently provided via a competitively bid contract with National School Bus Service, Inc. (NSB). As part of that contract, NSB provides the necessary vehicles to Shakopee. The capital depreciation cost of those vehicles is charged by NSB to Shakopee as part of its hourly service contract rate. Historically, this capital cost, known as private vehicle capital, was paid by Shakopee through the use of its operating funds (i.e. , the 90 percent of locally generated transit property taxes). This funding method was contrary to the way the MTC funded vehicles, which involved the use of regional transit bonds rather than operating funds, and reduced the amount of funds available to Shakopee for operations. In 1992 the Regional Transit Board (RTB) approved a policy that allowed Shakopee and the other opt-out transit systems to exclude the cost of private vehicle capital from its operations costs, and to pay for that cost through the use of regional bond sale proceeds. The 1992 Legislature authorized $6.5 million to fund the RTB policy for three years as part of an $18 million bond authorization for the region. The MTC received a separate bond authorization. Since January 1, 1993, when the RTB policy went into effect, Shakopee has paid the capital depreciation cost of the hourly rate charged by NSB with regional bond proceeds. GOVERNMENT AFFAIRS • LEGISLATIVE AFFAIRS • CONSULTING Vehicles - Page 2 RECENT DEVELOPMENTS Originally the RTB used 1991 series bonds, issued under a previous legislative authority, to fund its Vehicle Capital Policy. In mid-1993 the RTB attempted to sell bonds under the 1992 authority to replenish the funding for the policy, but its request was rejected by bond counsel because the 1992 bond statute was written too strictly. Bond sale funds could be provided for the purchase of opt-out transit vehicles, but there was no clear authority to use those funds for private vehicle capital contract reimbursement of vehicle depreciation costs. During the 1994 legislative session, opt-out transit sought and received a change in the 1992 regional transit bond statute to allow for the use of bond proceeds for private vehicle capital contract reimbursement. However, even though the intent of the Legislature in 1992 was to provide $6.5 million for opt-out and community based transit services, the amount was never written into law. The RTB believes this gives them the flexibility to use these funds as it chooses, provided the use conforms with the uses allowed in statute. At this point the RTB is indicating it will only commit to the Vehicle Capital Policy through the end of 1994. In addition, as a result of the change in Metro Mobility operations this summer, the RTB is considering using the remaining bond authority intended for opt-out transit to buy out the lease for Metro Mobility vehicles it currently has with ATE, the Metro Mobility management company that is departing the area on July 4th. Changes in metro governance brought about by the 1994 Legislature, transferring the RTB and the MTC to the Metropolitan Council, place additional uncertainty into the regional discussions on the availability of bond proceeds for the RTB policy. Shakopee needs to consider the relationship of regional policy decisions on the future operation of service. FLEET OWNERSHIP Shakopee"s 1994 budget with the RTB calls for approximately $69,000 in private vehicle capital costs through its contract with NSB. If Shakopee purchased its own fleet of small transit vehicles it would preclude the need for future RTB reimbursements for vehicle capital. It would also protect Shakopee"s operations funds if the RTB or the Met Council reversed the Vehicle Capital Policy. There are additional advantages to fleet ownership for Shakopee as well: 1. Consistency and Image of Shakopee"s Fleet All of Shakopee"s vehicles used for dial-a-ride or other general purposes would be similar in make, model and design. Shakopee would have the advantage of selecting transit equipment that is used to deliver service, rather than relying on vehicles provided by the contracted service provider. Vehicles - Page 3 2- Capacity Demand for service in Shakopee is growing, and small bus capacity can become an ongoing problem, particularly during peak periods. Typically a contracted service provider is unwilling to procure adequate peak period equipment without renegotiating a contract extension to cover their costs. Commitment to service is then based upon vehicles, not on the operator performance. 3_ LWicated Spare Vehicle Because excess vehicle capacity is generally not provided by the contracted service provider, spare vehicles brought into service due to breakdowns or regular maintenance are provided from the provider's fleet of vehicles. This can create problems because the vehicle may not have the same capacity as the regular vehicle, does not have proper markings, and is often in poor repair. 4_ Competition The costs associated with fleet procurement by a private provider cause bidding problems when contracts for service are bid because of the need for the provider to recover its vehicle investment. Nationally, more and more transit authorities are becoming owners of transit vehicles and contracting for service only. The contractor assumes responsibility for maintenance and insurance on the vehicles, or the maintenance can be done elsewhere. Competition to operate service would likely be enhanced if Shakopee owned the equipment and contracted for operations. 5. Control By providing the equipment, Shakopee would have direct control over its contracted transit operator. If the operator was performing poorly it would be less complicated and involve less time to find another operator without vehicle considerations. 6. Cost Efficiencies Vehicles purchased by Shakopee would be longer lived, sturdier, and more suited to regular public transit use than the vehicles provided by contracted providers. It is likely two sets of contractor-provided vehicles would be used during the life of one set of vehicles purchased by Shakopee. Also, vehicles built for durability would have significantly lower maintenance costs over the life of the vehicles. Vehicles - Page 4 OTHER CONSIDERATIONS Southwest Metro Transit recently completed a process of developing vehicle specifications, obtaining RTB approval, and competitively bidding a contract for 22 transit vehicles for its small vehicle fleet. Southwest Metro's new vehicles should arrive by February, 1995. Shakopee can use much of the experience and specification materials developed by Southwest Metro during its procurement process. Minnesota Valley Transit is currently considering entering into a vehicle procurement process of its own for small transit vehicles, once again borrowing heavily from Southwest Metro's experience. Shakopee can "piggyback" on Minnesota Valley's process, thus easing some of the specification development and approval process, as well as allowing for a joint bid. Fleet maintenance and vehicle storage can be addressed at a later time. There are various opportunities available to manage these functions, including allowing the contracted service operator to house and maintain the vehicles. An immediate decision on how to manage the fleet is not necessary due to the long lead time in procuring the equipment. The anticipated time frame to complete the vehicle procurement process would include approximately 3-4 months to gain regional approval, issue the RFP and award a contract. An additional time of 6-9 months would be required for vehicle delivery from the factory. Once the vehicles are delivered an additional 1-2 months would be required to retrofit the vehicles with radios, fareboxes, and other equipment and to paint and mark the vehicles. Shakopee would not be committed to proceeding with the vehicle purchase until it obtains regional funding approval and awards a contract to the successful bidder. At any time up to that point the process can be terminated. However, if Shakopee is to enter into this process it should decide to do so very soon so it can join with Minnesota Valley's process. I will be available to answer any questions you may have, and I can assist in presenting this matter to your commission and to your City Council if you would like. Feel free to call me at any time. / 3aJ MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Linda Kurian dba/Body Art Tattoo License DATE: July 1, 1994 INTRODUCTION: The insurance policy (copy) on file with the City does not meet the requirements of the City Code for insurance coverage for a tattoo license. Staff is seeking direction from City Council. BACKGROUND: On December 7, 1993 , City Council approved a tattoo license for Linda Kurian, Body Art, for a tattoo license, effective upon the date of publication of an amendment to the city code permitting the variances she requested. You may remember that she wished to utilize dry heat for sterilization, a dental chair for clients, and colored washable garments for technicians. At the time of approval of the license, the insurance required appeared to be in order based on the documentation provided. More complete information on the insurance has been provided (copy of insurance policy) and the insurance does not meet the code requirements. Upon examination of the policy it appeared that there were four areas which did not meet the code requirements. Three of the four areas have been (are being) corrected: 1) The policy does not cover the use or application of dyes, pigments, or any other products that do not meet Federal Drug Administration standards. The Insurance representative has advise that the pigments Ms. Kurian is using from Spaulding and from Acti-Color are acceptable and therefore are covered under the policy. 2) The policy does not cover bodily injury or property damage arising out of any cheek blush procedures/services. Ms. Kurian does not do any cheek blush procedures. 3) The insurance company has agreed to correct the cancellation clause wording to meet the code requirements. 4) The policy does not cover any liability arising out of the transmission of a communicable disease by an insured or by any other person for whom the insured is legally responsible. This does not meet the code requirements. Ms. Preston, President of Professional Program Insurance Brokerage, has advised that the policy can not be amended to cover communicable diseases. She has stated that there is no insurance company in America that she is aware of writing professional liability for the tattoo industry who will lift this exclusion. DISCUSSION: It appears that there is no insurance coverage for communicable diseases relating to tattooing available to Ms. Kurian. Ms. Kurian has tried to obtain the required insurance. You may remember that City Council has already amended the code requirements for insurance when it was discovered that there is no insurance company licensed in the State of Minnesota who will cover professional insurance for a tattoo business. Ms. Kurian was issued a tattoo license, based on the understanding that she had appropriate insurance coverage. She has gone to the expense of making improvements to her beauty salon to meet the code requirements. She has access to an autoclave for sterilization through an agreement with a dentist in the building she occupies. She uses disposable needles. The insurance agent stated that since Ms. Kurian has an autoclave there should be no problems with regard to communicable disease. I have contacted the City of Minneapolis and have learned that they do not require insurance for the licensing of tattoo businesses. You may remember that the Shakopee tattoo regulations were modeled after the City of Minneapolis. The City Council added the insurance requirements. ALTERNATIVES: 1] Amend the city code by removing the requirement of professional liability coverage for communicable diseases. 2] Schedule a hearing to consider suspending or revoking the license for non compliance with the insurance requirements of the city code. RECOMMENDATION: Staff recommends City Council discuss this matter and give staff direction. MEMOTATT.00 24/1994 13: 20 415EE.=_ 37 := F'AGE of PROFESSIONAL PROGRAM INSURANCE NROKERAGE FAX TRANSMITTAL Date: June 24. 1994 Fax No.: 612-445-8718 To: City of Shakopee Attn: Judith S. Coxi_City Clerk From: Susan Preston, President_ RE: Linda Kurian/Body Art Total number of pages including this: 2 Our Fax Number: 415'885.5697 This confirms that we will delete the wording on our insurance certificate as you requested. That form is enclosed. Ac.T,c..s.L1 f014j By this letter, I can confirm to you that the pigments Linda Kurian is using from Spaulding and from Acti-Color are acceptable and therefore are covered under our policy. Any other American made pigments would be acceptable. Finally, we cannot delete the communicable disease endorsement. There is no insurance company in America that I am aware of writing professional liability for this industry who will lift that exclusion I hope that this will be a satisfactory resolution on behalf of Linda Kurian. 1200 Van Ness Avenue, Suite 200• San Francisco, CA 94109 • (415)885-1331 l S .� MEMO TO: City Council FROM: Dave Hutton, Public Works Director SUBJECT: Murphy's Landing DATE: July 5, 1994 INTRODUCTION: Council authorization is needed to pay the Waste Management bill in the amount of$4,010.03 for Murphy's Landing. BACKGROUND: According to the terms of the lease agreement with Murphy's Landing, the City of Shakopee is required to "provide garbage collection for all facilities other than the restaurant". In staff's opinion, the intent of this provision is for the City to pick up the normal weekly garbage, with costs around $140.00 per month, using Waste Management for this service. Because of the small garbage truck owned by the City and other maintenance workloads, staff authorized Waste Management to pick up Murphy's Landing when they pick up the garbage at other City buildings. Recently, staff received a monthly bill from Waste Management in the amount of $4,010.03 (attached). Apparently, this is for purposes of dropping off and picking up the large roll off dumpsters commonly used for building demolition. These roll offs were ordered by Murphy's Landing Manager, Shirley Olson, as part of their renovation efforts. Staff was unaware of this and would like Council direction on paying this bill. Apparently, the roll offs will be needed for the remainder of this summer to complete the renovations and cleaning. A representatives from Murphy's Landing will be available at the Council meeting to answer questions. The Finance Director has indicated that payment for this bill would come from the Murphy's Landing account. ACTION REQUESTED: Provide staff with the appropriate direction in this regard. DEH/pmp MURPHYS INVOICE TO: PAGE 1 OF 2 FROM: ACCOUNT NUMBER WASTE MANAGEMENT-SAVAGE 910938 RO 0364582 CITY OF SHAKOPEE 12448 PENNSYLVANIA AVE INVOICE NUMBER 129 S HOLMES ST SAVAGE MN 55378-1118 420206 SHAKOPEE MN 55379 DATE 06/17/94 BILLING INQUIRIES: 612/890-1100 SERVICE INQUIRIES: 612/890-1100 H AMOUNT DATE NUMBER REFERENCE QUANTITY DESCRIPTION 06/03 PREVIOUS BALANCE 785.95 BALANCE FORWARD 785.95 Z-CITY OF SHAKOPEE VARIOUS SHAKOPEE MN 55379 05/20 374425 5.00 DELIVER ROLLOFF BOX 0 .00 05/23 063852 1 .00 DELIVER ROLLOFF BOX 0.00 05/23 063852 1 .00 DELIVER ROLLOFF BOX 0.00 05/23 278994 1 .00 20.0 YARD ROLLOFF CONTAINER 50.00 05/23 278994 2.61 DISPOSAL FEE-NON-HENNEPIN 169.65 05/23 278992 1 .00 30.0 YARD ROLLOFF CONTAINER CHARGE 50.00 05/23 278992 6 .41 DISPOSAL FEE-NON-HENNEPIN 416.65 05/23 278997 1 . 00 20.0 YARD ROLLOFF CONTAINER 50.00 05/23 278997 4.51 DISPOSAL FEE-NON-HENNEPIN 293.15 05/23 278996 1 .00 30.0 YARD ROLLOFF CONTAINER CHARGE 50.00 05/23 278996 1 . 00 DISPOSAL FEE-NON-HENNEPIN 240.00 05/23 278995 1 .00 30.0 YARD ROLLOFF CONTAINER CHARGE 50 .00 05/23 278955 1 . 00 DISPOSAL FEE-NON-HENNEPIN 240.00 05/23 278993 1 .00 20.0 YARD ROLLOFF CONTAINER 50.00 05/23 278993 2.83 DISPOSAL FEE-NON-HENNEPIN 183.95 05/26 786356 1 .00 30 .0 YARD ROLLOFF CONTAINER CHARGE 125.00 05/26 786356 5.64 DISPOSAL FEE-NON-HENNEPIN 366 .60 05/26 786356 1 .00 20 . 0 YARD ROLLOFF CONTAINER 125.00 05/26 786356 1 .08 DISPOSAL FEE-NON-HENNEPIN 70.20 06/01 278334 1 .00 20 .0 YARD ROLLOFF CONTAINER 125.00 06/01 278334 1 .16 DISPOSAL FEE-NON-HENNEPIN 75.40 06/10 040330 1 .00 20.0 YARD ROLLOFF CONTAINER 125.00 06/10 040330 2.26 DISPOSAL FEE-NON-HENNEPIN 146.90 PLEASE RETURN THIS PORTION WITH PAYMENT INVOICE DATE:06/17/94 H CURRENT CHARGES: 3,224.08 WASTE MANAGEMENT-SAVAGE 12448 PENNSYLVANIA AVE TOTAL DUE: 4,010.03 SAVAGE MN 55378-1118 ACCOUNT NUMBER AMOUNT PAID 910938 RO 0364582 $ . INVOICE NUMBER CHECK NUMBER 420206 I'I,IIIIIIlIIIIIIiiIIIII IIiiIIiiiIiIIiiiiiiIiIIiIiiiIIiii WB ASTE MANAGEMENT-SAVAGE CITY OF SHAKOPEE ROLLOFF DIVISION 129 S HOLMES ST SHAKOPEE MN 55379 PO BOX 2105BEDFORD PARK IL 60499-2105 IIII►,Iln11in!l1Inl1In 1111111111111111LI1IL111111111111I 30056136 91093803645824202060000032240800000000000000004010039109389> INVOICE FROM: TO: PAGE 2 OF 2 ACCOUNT NUMBER WASTE MANAGEMENT-SAVAGE 910938 RO 0364582 CITY OF SHAKOPEE 12448 PENNSYLVANIA AVE INVOICE NUMBER 129 S HOLMES ST SAVAGE MN 55378-1118 420206 SHAKOPEE MN 55379 DATE 06/17/94 BILLING INQUIRIES: 612/890-1100 SERVICE INQUIRIES: 612/890-1100 H DATE REFERENCE QUANTITY DESCRIPTION AMOUNT NUMBER MN SALES TAX 195.18 STATE OF MN FEE 26.40 TOTAL CURRENT CHARGES 3,224.08 DUE WITHIN 10 DAYS OF RECEIPT TOTAL AMOUNT NOW DUE 4,010.03 YOUR PROMPT PAYMENT IS APPRECIATED. PLEASE REMIT TOTAL AMOUNT DUE WITHIN 10 DAYS OF RECEIPT. A FINANCE CHARGE OF 1 .5% WILL APPLY TO ALL PAST DUE BALANCES. WE APPRECIATE HAVING YOU AS OUR CUSTOMER. TO ENSURE PROPER CREDIT TO YOUR ACCOUNT, PLEASE INCLUDE THE REMITTANCE ADVISE WITH YOUR PAYMENT. PLEASE RETURN THIS PORTION WITH PAYMENT INVOICE DATE: CURRENT CHARGES: TOTAL DUE: ACCOUNT NUMBER AMOUNT PAID INVOICE NUMBER CHECK NUMBER * PLEASE RETURN REMITTANCE ON PAGE 1 * 30056137 1 c MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Universal Forest Products Relocation DATE: July 6, 1994 INTRODUCTION: Mayor Laurent requested that staff place the Universal Forest Products relocation on the July 12, 1994, City Council agenda for discussion purposes. BACKGROUND: At the September 19, 1992, meeting the City Council reviewed the recommendation from the Planning Commission on Universal Forest Products' request to rezone their 16.9 acre site from Light Industrial (I-1) to Heavy Industrial (I-2). The applicants wanted to expand their permitted wholesale lumber operation to include a manufacturing operation for a wood preservation facility (green treated lumber). Based on the review of the Planning Commission's recommendation and input from the applicant and the community, the City Council denied the rezoning request unanimously. At the July 20, 1993, meeting the City Council reviewed a text amendment request from Universal to allow wood preservation facilities to be added as a conditional use in the I-1 district. The Planning Commission recommended denial of the text amendment. The motion by the City Council on this text amendment request failed on a 3/5 positive vote (a 4/5 positive vote was needed to pass the zoning ordinance amendment). In the summer of 1993, the City began the process of updating the Zoning Ordinance. The text for the new Zoning Ordinance went through a thorough and lengthy review process with the City Council approving the updated ordinance on June 7, 1994. As approved, the new Zoning Ordinance text would allow the following as a conditional use in the I-1 district: "A. Manufacturing, fabrication, processing, and assembly operations conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400;" The Zoning Ordinance is to become effective upon the latest of the following actions: its passage, the publication of its title and summary, and the passage and publication of an ordinance or ordinance summary adopting a new zoning map. With the adoption of the text and the recent publication, the zoning mapping process is the last step required for the new Zoning Ordinance text to become effective. DISCUSSION: Staff was recently informed that Universal Forest Products has initiated efforts to relocate their business operations. It is staff's understanding that they are seriously considering the relocation of at least some of the operations outside of the City of Shakopee. Universal Forest Products decision to look at new sites is related to several factors including the potential lengthy time period involved with the effectuation of the new ordinance and the proposed assessments associated with the Viking Steel Road Improvement Project. Universal forest Products was considering the acquisition of the Viking Steel property to accommodate their expansion plans. Mayor Laurent requested that staff research alternatives which the City could take to facilitate the retention of the entire Universal Forest Products operation in the City of Shakopee. Financial Issues With respect to the improvement costs associated with Viking Steel Road, staff would like the City Council to discuss the creation of a TIF district to capture new taxes generated from any building expansion. The increment collected could be used to cover a portion of the street improvement costs. Another possible use of the increment would be to establish a "pay as you go" plan which would return a portion of the increment to Universal for a write down on the new land purchase. At the meeting on July 12th, staff will have more information on the number of new jobs being created, existing taxes paid and the new project value. Zoning Issues Planning staff has presented a conceptual approach on the zoning mapping process to members of the Council at previous meetings. The approach involves adopting the zoning map in phases. A first phase could adopt a zoning map for areas in the City which would be non-controversial. A second or later phase could adopt a zoning map for the controversial areas. Staff feels that there are areas in the City that would be non-controversial in nature while at the same time would be consistent with the adopted Comprehensive Plan. Since the two industrial districts remained largely intact in the Zoning Ordinance text update, staff feels that a significant portion of the existing industrially zoned area within the urban service area could be mapped similar to the existing zoning pattern. Attached as Exhibit A is a map which illustrates the area proposed for the fist phase of mapping. As established in the Zoning Ordinance, the City Council has the authority to initiate the mapping (rezoning) process for any part of or all of the City. The City Council could direct staff to initiate the mapping process which could set a Planning Commission public hearing as early as the first Thursday in August. With the mapping adopted for the identified area on Exhibit A, the new Zoning Ordinance text would become effective with the publication of the mapping summary. As discussed earlier in the staff report, Universal's proposal to develop a processing facility would require a conditional use permit. Expansion of their site would trigger a subdivision plat and building permits. These are obvious development review procedures for projects of this magnitude. To expedite the review processes, Universal could submit conceptual site plans for staff and Planning Commission review and comments. Several developers have found it beneficial to resolve site design issues with the City before formal applications are submitted. Staff would point out that the wood processing operation has raised some environmental concerns with the Scott County Environmental Health Department and the residents of the Shakopee Village townhomes located on Shawnee Trail. The project as Universal has discussed with staff does not appear to exceed the thresholds for a mandatory Environmental Assessment Worksheet (EAW). Exhibit B lists the thresholds for industrial facilities. Staff would note that the State of Minnesota has established a petition process for EAWs. A petition containing at least 25 individuals submitted to the Environmental Quality Board can initiate EAW process. In summary, the EAW is intended to set out the basic environmental facts about a proposal and to determine whether an Environmental Impact Statement (EIS) is necessary. Included with this staff memo are a series of alternatives that the City Council can consider. Staff would request that the City Council discuss the Universal Forest Products situation and provide staff with the appropriate direction. ALTERNATIVES: Financial Issues 1. Direct the appropriate officials to work with the City's bond counsel and the HRA to investigate tax increment funding as a means to reduce Universal Forest Products site development costs. 2. Do nothing. Zoning Issues 1. Direct staff to initiate the mapping process for the industrial area described on Exhibit A and set a public hearing for the August Planning Commission meeting. 2. Direct staff to initiate the rezoning request for the subject site from I-1 to 1-2. 3. Do nothing. STAFF RECOMMENDATION: 1. Financial Issues - staff recommends Alternative 1. 2. Zoning Issues - staff recommends Alternative 1. ACTION REQUESTED: Review and discuss the Universal Forest Products situation and provide staff with the appropriate direction. EXHIBIT B Mandatory EAW Category Mandatory EIS Category Exemption • Industrial / Corrrnercial/Institutional Facilities Note that projects of these types may also fit various other specific ind;s:r;a categories :r the categ:es for: air pollution, water appropriation and impoundments, stream diversion, wetlands and protected waters, agriculture rd forest.... natural areas, historic places, mixed commercial-resident,al,sports or entertainment facilities,or communication towers 4410.4300, subp. 14 4410.4400, subp. 11 4410.4600, subp. 10 A.Construction of a new or expansion of an A.Constn:c'ion of a ne•x or expansion of an A.Construction of a new or expansion of an existing warehousing or light industrial existing warehousing or light i..:::strial existing industrial, commercial, or institu- facility equal to or in excess of the follow- facility equal to or in excess of the fo'low- _;nal facility of less than the following ing thresholds, expressed as gross floor ing thresholds, expressed as gross iloor _rsholds, expressed as gross floor space, space: space. provided that nopart of the development is 1. Unincorporated area, 150,000 sq.ft. 1. Unincorporated area.375,00 sq. within a water-related land use management 2.Third or fourth class city,300,00 sq. ft. 2.Third or fourth class city,750,00; sq.ft. =s:nct: 3. Second class city,450,000 sq.ft. 3. Second class city, 1,000,000 sq.f :. Third or fourth class city or unincor- 4. First class city,600,00 sq.ft. 4. First class city, 1,500,000 sq.ft. porated area,50,000 sq.ft. (Local) (Local) 2. Second class city,75,000 sq.ft. 3. First class city, 100,000 sq.ft.,if no part B.Construction of a new or expansion of an B.Construction of a new or expansion of an of the development is within a shoreland existing industrial, commercial, or instint- existing industrial, commercial, or it:stilts- area, delineated flood plain, state or tional facility, other than a warehousing or tional facility, other than a warehousing or federally designated wild and scenic light industrial facility,equal to or in excess light industrial facility equal to or in excess rivers district,the Minnesota River Project of the following thresholds, expressed as of the following thresholds, expressed as Riverbend area, or the Mississippi head- gross floor space: gross floor space: waters areas. 1. Unincorporated area, 100,000 sq.ft. 1. Unincorporated area,250,000 sq. = B.Construction of an industrial,cotrtrnetcial.or —-- 2.Third or fourth class city,200,000 sq.ft. 2.Third or fourth class city,500,000 sq.ft. .stitutional facility with less than 4,• 3. Second class city,300,000 sq. ft. 3. Second class city,750,000 sq.ft. square feet of gross floor space,and with as- 4. First class city,400,000 sq. ft. 4. First class city, 1,000,000 sq.ft. sociated parking facilities designed for 20 (Local) (Local) vehicles or less. C.Construction of a new or expansion or an C.Construction of a new or expansion of an existing industrial, commercial, or instittt- exiting industrial,commercial,or insanttion- tional facility of 20,000 of more square feet al facility of 100,000 or more square feet of of ground area,if the local governmental unit ground area,if the local governmental unit has not adopted approved water-related land has not adopted approved water-related land use management district ordinances or plans, use management district ordinances or plans, as applicable,and either the project involves as applicable,and with the project involves riparian frontage of 20,000 or more square riparian frontage or 100,000 or more square feet of ground area to be developed is within feet of ground area to be developed is within a water-related land use management district a water-related land use management district. However,this item only applies to shoreland However,this item only applies to shoreland areas,floodplains,and state wild and scenic areas,floodplains,and state wild and scenic rivers land use districts if the local unit of rivers land use districts if the local government has received official notice from governmental unit has received official the Department of Natural Resources that it notice from the Department of Natural must adopt applicable land use management Resources that it must adopt applicable land district ordinances within a specific period use management ordinances within a of time.(Local) specified period of time. (Local) NI Notes Terms used in these categories mean the following: "Warehousing facility" -a subcategory of industrial-commercial land use that has as its primary function the storage of goods or materials;other uses,such as office space ors sales space may be present in small amounts. "Light industrial facility" -a subcategory of industrial land use with a primary function other than iranufacturing with less than 500 employees. "Gross floor space" • the total square footage of all floors, including that of all structures on the project site, but not including parking lots or • approach areas. "Ground area" -this includes the total surface area which would be converted to an imrservious surface in conjunction with the project,and does include parking lots and approaches. 11'1" City Class •cities of the first class:Mpls., St.Paul,Duluth -cities of the second class:20,000 or more population •cities of the third class: 10,000 to 20,000 population 41 -cities of the fourth class:less than 10,000 population (The EQB uses the latest reliable population estimates rather than the latest U.S.Census.ata in dec:.iitg what class a city is of) aorttrued nett Fere UOLER J y1n Cy n� 1.'Liait- w(lEGL.II ST.I N Aff I'.L RD. mid.\\ •CU r 1 yr r 9�_� 71 �� • \ ¶.- C.S.AI -' 1._."--___.-- TRAIL > (i IRAHSF'Y (-(1 --'"� IRAHSEY.I ST_ • I :......... • Li. •• ............ f-_ICER S7. _iy6 Lam. ......... �• 9 . �.•.yy:W���:.�.���:.:: l • c'd..)-- ,E.-;s PHIRE LANE i4 G��--_"-�1 O? _-_ -Y RITT "' D b. 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II . a: k . � y t$ tri r----- [?____ _ ..... ►rovp .,____,,..\,_) -,_._zil r-• 1 !v .'k z�! . • d Cn 'k FW tri • M F-4 y lid MEMO TO: Dennis Kraft, City Administrator 0/ FROM: Dave Hutton, Public Works Director( SUBJECT: Downtown Streetscape - Phase II, Project No. 1993-12 DATE: July 7, 1994 INTRODUCTION: Attached is Resolution No. 4036, which awards the contract for the above referenced project. Due to the higher bids received, staff recommends rejecting all bids and rebidding. BACKGROUND: The City Council previously authorized the advertisement for bids for the Downtown Streetscape, Phase II Project. This project consists of reconstructing 1st Avenue between Holmes Street and Sommerville Street using the same streetscape theme as the rest of downtown. The bid also included the alley in Block 48 and paving the City parking lot (old Pelham site). On June 23, 1994 bids were received and publicly opened for this project. A total of three bids were received and are summarized in the attached resolution. The low bid was submitted by Hardrives, Inc. of Plymouth, MN. Hardrives is the same contractor that completed Phase I of the Downtown Streetscape. Staff has reviewed the qualifications of the low bidder and have determined that they are able to complete the project according to the plans and specifications. Unfortunately, the bids came in substantially higher than estimated. The following table summarizes the low bid versus the estimates: Estimate Low Bid Schedule A - Downtown Phase II $293,000.00 $429,128.00 Schedule B - Alley in Block 48 $ 10,240.00 $ 20,732.00 Schedule C - Pelham Lot None * $ 37,236.00 * Note - this was previously bid with the Downtown Alley Project, which was rejected by Council. The previous bid for the Pelham lot was $50,000.00. In reviewing the bid items, it is apparent that the sewer and water portion and street lighting were a major part of the higher prices since these items were 200% over estimate. The street portion was 11% over estimate. Staff has determined that the bids were higher than estimated for the following reasons: a) the project is fairly small (2 blocks) which automatically increases unit prices due to the mobilization costs for the various contractors; b) the bidders could not receive competitive quotes from utility sub-contractors because most sub-contractors have too much work already; c) low number of bids received. The downtown businesses would prefer to complete this project this year. If the City were to rebid the project next year, lower bid prices are not guaranteed although if the project could be combined with another project and bid early in the year, staff does feel that the bids would be somewhat lower, although not as low as the Engineer's estimate due to this being more of a specialty project and the size of the project. The Tax Increment Financing (TIF) reserves do contain $500,000.00 for this project so it would still be adequate to cover the higher bids, although staff has been anticipating TIF to fund about $300,000.00 of the project. Of the total cost though, TIF will only be paying for the streetscape items (including lighting) and the non-assessed street portion (75%). The other elements will be funded by the various utility funds. Therefore, the actual amount needed from TIF (based on the bids) is approximately $240,000.00. Staff has also sent a bid tabulation to Shakopee Public Utilities Commission (SPUC) for their review and comment on the watermain portion. If Council wishes to award the bids, attached is Resolution No. 4036 for Council consideration. If the bids are rejected and this project is rebid for next year, another public hearing is required prior to awarding the contract. ALTERNATIVES: 1. Award the bid to Hardrives, Inc. 2. Reject all bids and rebid for 1995 construction. 3. Table the bids for additional information. RECOMMENDATION: At this point, staff recommends rejecting all bids and rebidding the project. Staff feels that the bids are simply too high to be realistic and that the high bids were due to market circumstances in the construction industry and that rebidding the project would result in lower bids. Delaying the project may also allow for additional Council action regarding the final plans for Blocks 3 and 4 redevelopment. The downtown businesses would prefer that the project be constructed in 1994 and would like to address the Council directly on this. ACTION REQUESTED: 1. Offer Resolution No. 4036, A Resolution Accepting Bids on the Downtown Streetscape - Phase II, Project No. 1993-12 and move its adoption. (A negative vote would deny awarding the contract). 2. Move to reject all bids on this project and rebid it for next year. DEH/pmp MEM4036 ATTACHMENT NO. 1 Summary Of Low Bids Versus Estimated Costs For The Downtown Streetscape Phase II Portion (Schedule A) Engineer's Feasibility Report Estimate After Hardrives Estimate Desi Bid Roadway $116,000.00 $152,000.00 $169,835.00 Sanitary Sewer $ 23,000.00 $ 32,000.00 $ 64,778.00 Water $ 34,000.00 $ 34,000.00 $ 71,886.00 Storm Sewer $ 10,000.00 $ 10,000.00 $ 14,437.00 Streetscape and $ 80,000.00 $ 65,000.00 $108,192.00 * Street Lighting TOTAL $263,000.00 $293,000.00 $429,128.00 * Includes Street Lighting Costs of $76,304.00 RESOLUTION NO. 4036 A Resolution Accepting Bids On The Downtown Streetscape - Phase II Project No. 1993-12 WHEREAS,pursuant to an advertisement for bids for the Downtown Streetscape- Phase II Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Hardrives, Inc. $487,096.50 Lakeland Nursery, Inc. $535,475.20 C.S. McCrossan Construction $541,592.35 AND WHEREAS, it appears that Hardrives, Inc., 9724 10th Avenue North, Plymouth, Mn 55441 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 Hardrives, Inc. in the name of the City of Shakopee for the Downtown Streetscape - Phase II 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. 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V0 Co V a a tDV W W CO a W W V O 0o (�1 0O p B a a VA P W N O Co O Z G) 0N O V a O re co O O N a N V% V V O a V -4 C O n LI 8 .4m 8 0 888808 808808 D. 8go to N > Z TO SHAKOPEE CITY _OUNCIL FROM ED DRESSEN 126 EAST FIRST AVENUE SHAKOPEE, MINNESOTA 55379 SUBJECT STREET IMPROVEMENT - 1ST AVE. BETWEEN SOMMERV I LLE ST. AND HOLMES ST. IN THE INTEREST OF THE DOWNTOWN REDEVELOPEMENT, I FEEL IT WOULD BE BEST TO COMPLETE THESE PROJECTS AS SOON AS POSSIBLE. WE HAVE BEEN WITH CONSTRUCTION, ON AND OFF, FOR A VERY LONG TIME. IT WOULD BE NICE T O SEE IT OVER WITH, SO THAT BUSINESS COULD RETURN TO NORMA! . CONSTRUCTION HAS A TENDENCY TO KEEP PEOPLE AWAY. IT TAKES THEM A WHILE TO GET USE TO THE NEW CHANGES, AND START COMING BACK TO THE AREA. A CERTAIN PERCENTAGE INCREASE TO THE ASSESSMENT IS TOLERABLE, IF IT IS THE ONLY WAY TO GET DONE. PLEASE FIND A WAY TO GET THIS ON AND OFF CONSTRUCTION OVERW I TH. RESPECTFULLY YOURS ED DRESSEN / 5t) MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Derby Days DATE: July 5, 1994 INTRODUCTION: The Shakopee Chamber of Commerce and the 1994 Derby Days Committee are currently in the process of finalizing plans for this year' s Derby Days Celebration. In the past, the Shakopee City Council has supported the Derby Day activities through a variety of means including providing Public Works maintenance crew assistance in preparing for the celebration and clean-up following the event . BACKGROUND: The 1994 Derby Days Celebration will be held between August 4th and August 6th. Events scheduled for Thursday, August 4, 1994 include the Downtown Sidewalk Sales and the Taste of Shakopee. The Derby Days Committee would like to request permission to close the Second Avenue Parking Lot and Lewis St . between Pablo' s Restaurant and Second Ave . at approximately 3 : 00 P.M. to allow time to set-up for the Taste and allow time for vehicles to be removed. The lot and Lewis St . will be reopened by 9 :00 p.m. the same day. In a related matter, Bill' s Toggery is requesting permission to block off a portion of Lewis St . between 2nd Ave. and the alley adjacent to the American Family Insurance office. (See attachment #1) . Mr. Mertz is requesting that the street be blocked off from 6 : 00 p.m. August 3rd through 8 : 00 p.m. August 6th. The Police Chief has reviewed these two street closing requests and is not opposed. The Public Works Director has informed Mr. Mertz that he is not opposed to closing Lewis St . but would like Mr. Mertz to identify another means to secure the tent than drilling holes in the street surface. Mr. Mertz is pursuing other options as directed. Section 7 . 08 of the Shakopee City Code allows for the sale of goods upon public property with City Council approval . Therefore, the Derby Days Committee would like to request City Council to approve the sale of goods on City property for the Taste of Shakopee, food and refreshment vendors at Lions Park, craft vendors and downtown business merchants during the Derby Days Celebration. The Derby Days Committee would again like to request Public Works assistance in preparing the Taste of Shakopee site and Lions Park. Typical work tasks include delivering picnic tables, refuse containers, pick-up and delivery of barricades, bench delivery and clean-up. The tasks requested for assistance this year are similar to those performed by the Public Works Department in previous years . On Saturday, August 6, 1994 the majority of the Derby Day events will be held at Lions Park. A 5K Run will also be held that will utilize a portion of Adams Street (C.R. 15) heading South. The Police Chief and County Sheriff have both been advised of the route and will be working with the Derby Days Committee to insure public safety. This year, there will be no evening dance held at Lions Park. The Derby Days Committee is proposing to conclude this year' s celebration with a beach party and steak fry. The Derby Days Committee would like to request City Council to waive all admission fees for the Shakopee Pool beginning at 3 : 00 P.M. on Saturday, August 6th. The Beach Party will include a D.J. and games for the kids . The Steak Fry will be held simultaneously with the Beach Party. The Shakopee Jaycees will be hosting the Steak Fry. All proceeds from the Steak Fry will go to Minnesota Special Olympics . In summary, the Derby Days Committee would like to request City Council approval of the following three items : 1 . Permission for the sale of goods on public property. 2 . Permission to utilize Public Works maintenance crews to assist in preparing for the celebration and to assist in clean-up following the event . 3 . Permission to waive pool admission fees on Saturday, August 6th. 4 . Permission to close the Northern half of Lewis St . between Second Ave . and Third Ave. and the Second Ave . parking lot for the Taste of Shakopee. 5 . Permission to close the Southern half of Lewis St . between First and Second Avenues for the Downtown Sidewalk Sale. ALTERNATIVES: 1 . Move to approve the assistance request as submitted by the Shakopee Derby Days Committee for the 1994 Derby Days Celebration. 2 . Do not approve the assistance request as submitted by the Shakopee Derby Days Committee. 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to approve the 1994 Shakopee Derby Days Committee request for City assistance granting permission for the following: 1 . Permission for the sale of goods on public property including Downtown Sidewalks, Lions Park and the Second Avenue Parking Lot . 2 . Permission to utilize Public Works maintenance crews to assist in preparing for the celebration and to assist in clean-up following the event . 3 . Permission to waive pool admission fees on Saturday, August 6th. 4 . Permission to close the Northern half of Lewis St . between Second Ave. and Third Ave. and the Second Ave. parking lot for the Taste of Shakopee . 5 . Permission to close the Southern half of Lewis St . between First and Second Avenues for the Downtown Sidewalk Sale. v ,a 2_,,,) SILL'S I2nd and Lewis Street(612) 445• Shakopee3735 , Minnesota 55379 1)� 4/ 5- 7 (--p e,A__ Sikit.kr et:1T/ 6r C.,kt.C; /2 !4 je_ a.pe_ (\et ve si-y.pi ,? ha v e --/-ke-. 2_ 610 ,1 ,..1 Le r,._)rs nrree f bel-1,0 - 4- -1` C. [ 1 do.s-.ci -, Wei. e v�e71i7 9--iivd �- -“-(-) Ste- 7 . int s Irl /f co ii ci u /lc-7o`r w / 71-4 Dt.r A .._.s- Sae wa (k- Sa (t S , (AJ-C hAve-- (ems ii/e. G` a i Y 8� Ga. 7L Te' TU /aced7'7 / s re e / / ca dr. Ida In /essi-kP a ve me/2-/-. o sc.,pport- c ay\ b e--- en-tra 4-0 m e_ ._11,..e._ —7- w7z- c-,4,2,7 . --rAz. /e3 (4) ; // be fiy/e." , -/- 6o,c14/sia 5 ( cie wa l k S-a. lam- . ----rka,vik--- (10-7 -67\ o--t/r. ,e, itcs-;:c6/724o /-1 . IfIra: c -A- ---- CONSENT lV MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director ') SUBJECT: MWCC Easement DATE: July 5, 1994 INTRODUCTION: City Council authorization is needed to execute the attached easement from the Metropolitan Waste Control Commission (MWCC) for the Chaska Interceptor. BACKGROUND: In March, 1994 staff received a request from the MWCC for a temporary easement as part of the Chaska Interceptor. The easement is through City owned property within Killarney Hills Subdivision (Outlot E). The easement is a temporary construction easement and would expire on December 31, 1994. The City Council directed staff to solicit an appraisal from the MWCC for the easement. The MWCC has completed the appraisal and have offered the City $244.22 for this temporary easement. Attached is a letter from the MWCC further explaining their offer. The easement documents have been reviewed and approved by the City Attorney. ALTERNATIVES: 1. Approve of the offer and direct the appropriate City officials to execute the easement. 2. Deny the offer and direct staff to prepare a counter offer. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to accept the Metropolitan Waste Control Commission's offer of$244.22 and authorize the appropriate City officials to execute the temporary construction easement with Metropolitan Waste Control Commission for Outlot E of Killarney Hills for purposes of constructing the Chaska Interceptor. DEH/pmp MWCC !!!5Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 June 23, 1994 Mr. David E. Hutton, P.E. Public Works Director O City of Shakopee7111111 /44V 129 Holmes Street South Shakopee, MN 55379-1351 Ct 199n RE: Shakopee/Chaska Interceptor MWCC Project Number 920601 Easement Acquisition Dear Mr. Hutton: As you are already aware of, the Metropolitan Waste Control Commission (MWCC) is planning to construct the above referenced sanitary sewer interceptor project in early 1995 to late 1996 . 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. As the City Council requested, the MWCC had the easement appraised by an independent fee appraiser, Paul W. Wermerskirchen of South Metro Appraisals. Based on 50% of the Fair Market Value of $. 15 per square foot of the property, the following summarizes the offer: 14, 040 sq. ft . temporary easement : $175 . 22 Crop Damage : $ 69 . 00 Total Offer: $244 . 22 It is my understanding that the City is leasing the property for crops . At the time of closing for the easement acquisition, the MWCC would require that the lessee be included on any payment that is made. Also, enclosed are two proposed easement documents . Should this offer be acceptable for presentation to the City Council at its July 12th meeting, please have these documents signed and notarized appropriately. Please note that the MWCC has been merged with the Metropolitan Council, effective July 1, 1994 . The documents have been prepared reflecting that change . Equal Opportunity/Affirmative Action Employer iii Mr. David E. Hutton, P.E. June 23, 1994 Page 2 Thank you very much for your assistance in this project . Please call Carol Johnson at 229-2147 as soon as possible if you would like to discuss this offer or meet to review the acquisition and project plans. Sincerely, 41 laLltAL41/1 William G. Moore Director of Engineering and Construction Enclosures WGM:CLJ COMPARABLE ANALYSIS afoot is applicable.#7 at $. 0853 per square This should be adjusted for time to $. 15 per square foot. This parcel value I ' should be considered as if the by-pass was in place. This site is valued at $25, 000 (without sewer and water, but a country site) . It now has ndhi non-treed.uence of the highway However, the 3 . 82 by-pass cr sr is muchic, the larger Basemen than a regular sized lot. 166, 399 square feet (3 .82 acres) X . 1503 = $25, 000 Market Data Approach = $25,000 Income Approach = NJA Cost Approach = N/A DAMAGE VALUE ESTIMATE There are 14, 040 square feet in the temporary easement. Using the $25, 000 as a before value, the value of the temporary easement at 50% of $. 15 = $.075 would be $1053 . 00. The use of this property will be discounted 8% fcr its use over 2 years to pile dirt on. Thus, the present value discounted would be $1228.22 . The difference between these figures should be value of use or $175.22 . CROP DAMAGE Crop damage for one year ($2 .50 per bushel corn X 120 bushel per acre) = 10,000 square feet ( .23 acres) = 27 bushels X $2 .50 per bushel = $"59.09. TOTAL DAMAGE 14,040 square foot temporary easement = $175 . 22 Crop Damage TOTAL $ 244.22 AFTER VALUE ESTIMATE 3 . 82 acres = $24 , 755 SOUTHERLY R/W LINE 114 MN/DOT PLAT NO. 70-19 , .... .. :,..., : :, , .... .. ,-, ..., , _, ... , ... - .- • -. S . ", ... ....., ,.. .. .. . Z , . ,...... . ......., , • '. • •• , , • ''., ',: •... • T.H/ 101 ,/ ,. '/- / :•-- . • ouTLoTTif I / , , „ /- , . , e 200.43' 118:.03' • , ' . 1 I \ ,- _ ,/ 48.43'_i,_ -- /A,IfAI ,, -' --i- . 20.73'-' •/----- _ _____I' 1 , 50, 348.07' 1 , •. TEM P OR AR Y ----- i . 1---- j EASEMENT / ' ---- ----- OUTLOT E \ /---/-- -- --- :. ------ I / ,- EASEME-1\1- N.S.P• 1 POINT OF BEGINNING N I I_ 819 17116 W -V 200 0 200 • 1 ..igi SANDSTONE MONUMENT 100 AT SECTION CORNER AgripSEH ( PARCEL NO. 13) %It N. ill 1t3 CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, Planning Director RE: Rural Plats - Time Extensions DATE: July 6, 1994 INTRODUCTION: At a meeting earlier this year, the Shakopee City Council directed staff to contact the developers of rural subdivision plats which have been given preliminary plat approval but do not have all the outlot areas final platted at this time. BACKGROUND: On January 18, 1994, the City Council passed a motion which required that the minimum lot size for future lots in the rural service area to be a minimum of ten acres. This ordinance, adopted as Ordinance No. 369, was part of the City's agreement in negotiations with the Metropolitan Council on the Chaska Interceptor Agreement. Staff has researched all the rural plats in the City. Based on this research, there are four levels of approvals for rural plats. Exhibit A is a list of the rural plats within categories by City Council approval. The City subdivision regulations establish several time frames for the approval of subdivision plats. Section 12.03, Subd. 3.G. states that following preliminary plat approval by the City Council, an applicant has 12 months to submit a final plat on part or all of the subdivision for final approval. During that 12 month time frame the conditions for plat approval cannot be changed by the City Council. The ordinance further states that the City Council may extend the preliminary plat approval with each extension up to a maximum of 12 months. Final plats approved by the City Council have 180 days to be recorded with the Scott County Recorders Office. The City Council may rescind approval of the final plat or approve a time extension for recording of plats beyond the initial 180 days. In general, time extensions for preliminary and final plat approvals have been granted to developers if no substantial changes have occurred which would necessitate another review by the City. Some of the possible factors which could necessitate further City review include changes in area land uses, realignment of street systems, revised utility locations, changes to the stormwater management system, or other significant environmental impacts. DISCUSSION: Four plats have been approved and recorded with large outlots. The outlots in these plats were intended to be further divided with the submittal of another final plat. These four plats are listed in Exhibit A. Staff would recommend that a one year time extension to the preliminary plat approval be granted for these four plats. This would allow the outlots to be final platted or for a phasing mechanism to be incorporated into the subdivision regulations. The second listing of plats is for final plats approved by the City Council but not yet recorded. There are two as shown on Exhibit A. On June 7, 1994, the City Council approved a 180 day extension for the recording of Dominion Hills. Staff would recommend that a 180 day time extension be granted for Stonebrooke 2nd Addition in order that it may be recorded. Staff would recommend that the preliminary plat approval for Dominion Hills and Stonebrooke 2nd Addition be extended for one year since it is anticipated that final plats will result in large outlots to be further platted. The third listing is for plats in the rural service area with preliminary plats approved. There are two plats under this category, Orleans Addition and Riverview Estates 2nd Addition. Both applicants were notified of the 12 month window for preliminary plat approval. Both plats will expire in the month of April, 1995. Staff believes that adequate action and notice has been served to these two applicants. No further action is required by the City until a final plat application has been submitted. The last category of plat projects in the rural service area is for an approved PUD. The Eagle Creek Bluff PUD has been approved by the City Council. A preliminary plat was submitted prior to the January 18, 1994, deadline. Staff is working with the developer and the City of Savage to process the project through the recently petitioned environmental review process. Staff would anticipate that this project review process can commence in approximately two to three months following the completion of the environmental review process. Staff would recommend that the project be allowed to continue through the normal review channels. Because of the unique nature of each subdivision and the impacts of final platting, staff did not address the detailed issues of completing the final platting process for all outlots within each subdivision. Rather, staff would recommend that the time extension be approved as noted earlier in the staff report and that each subdivision be addressed on a case by case basis. Staff would advise the Council that additional time extensions may be required due to requirement beyond the control of the applicants. Staff would also note that the number of rural plats for consideration by the City Council is being significantly reduced in this effort. The preliminary plat for the Killarney Hills subdivision was approved by the Scott County Board in the 1960s. Due to the length in time this plat has been expired, staff has informed the property owner, Mr. Gene Hauer, that the plat approval has clearly expired for the Killarney Hills subdivision. A letter was sent to Mr. Hauer and a copy forwarded to the City Council for their information. 2 ALTERNATIVES: 1. Approve the time extensions as recommended by City staff. 2. Do not approve the time extensions. 3. Table a decision for further information from staff. STAFF RECOMMENDATION: Staff recommends that a time extension for the plats as noted below be approved by the City Council: A. A one year time extension from July 12, 1994, for preliminary plat approval for the following subdivisions: 1. Westridge Lake Estates 2. Maple Trails Estates 3. Stonebrooke 1st Addition 4. Horizon Heights 4th Addition 5. Dominion Hills 6. Stonebrooke 2nd Addition B. A 180 day time extension from July 12, 1994, for the following final plat approval for the purpose of recording the plat: 1. Stonebrooke 2nd Addition ACTION REQUESTED: 1. Offer a motion which approves the one year time extension from July 12, 1994, for Westridge Lake Estates, Maple Trails Estates, Stonebrooke 1st Addition, Horizon Heights 4th Addition, Dominion Hills, and Stonebrooke 2nd Addition preliminary plat approvals. 2. Offer a motion which extends the 180 day time frame from July 12, 1994, for the recording of the final plat for Stonebrooke 2nd Addition. 3 EXHIBIT A Recorded Final Plats with Large Outlots 181 Westridge Lake Estates Darrel Gonyea 175 Maple Trails Harland Hohenstein 146 Horizon Heights 4th Steve Muhlenhardt 142 Stonebrooke 1st Menden/Laurent Approved Final Plats (Not Recorded) NA Dominion Hills Gary Bergquist NA Stonebrooke 2nd Gary Laurent Approved Preliminary Plats (No Final Plat Submitted) NA Orleans Addition Patrick Leavett NA Riverview Estates 2nd Dave McGuire Approved PUD (No Plat Approval) NA Eagle Creek Bluff Klaus VanZee WESTRIDGE BAY COMPANY (\ c/o GONYEA LAND COMPANY 605 WEST TRAVELERS TRAIL BURNSVILLE, MINNESOTA 55337 TELEPHONE(612)882-1112 FAX(612)882-1531 June 6, 1994 Mr. Lindberg Ekola City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Mr. Ekola: I received your letter of June 3, 1994 concerning Time Extension Requests for Preliminary Plat Approval . As you are aware, the Preliminary Plat for Westridge Lake Estates First Addition expires in December of this year. I hereby request that the Shakopee City Council extend the Preliminary Plat expiration date to December 1, 1995 . In the PUD process for Westridge Lake Estates, the phasing plan called for a series of additions. It is my understanding that the time period for Preliminary Plats is being reviewed and may coincide with the phasing plan for PUD' s in the future. Under the present ordinance, it is my understanding that I will have to continue to request extensions for these future additions, as they are all part of the Westridge Lake Estates First Addition. Yours truly, WESTRIDGE BAY COMPANY 64af 44,ie. Darrel . Gonyea President The Laurent Building LA U R E N T Corporate Once 128 South Fuller Street, Shakopee, MN 55379BUILDER S,el N C. (612) 445-6745 June 9, 1994 Lindberg S. Ekola 129 Holmes Street South Shakopee, MN 55379 RE: Time extension request for preliminary plat approval for Maple Trails Estates. Dear Mr. Ekola, I have been informed by Harley Hohenstein that he recieved a letter from you regarding extension of the preliminary plat approval for Maple Trails Estates. At his request and on his behalf I thank you for your letter and hereby request a twelve month extension for the above cited approval. I have enclosed two letters as reference regarding this issue. Please let us know if you desire more information. Thank you for your assistance. Sincerely, Gary L. La ent President c : Harley Hohenstein MA R-E 1 Jt-5 BUILDERS • DEVELOPERS June 20, 1994 Mayor Gary Laurent Shakopee City Council 129 Holmes Street So Shakopee, Mn. 55379 Dear Mayor Laurent and Shakopee City Council, This is a letter in response to the request for a time extension for preliminary plat approval of Horizon Heights subdivision. I am requesting an extension of 1 year. Due to the fact that there were several deaths in the family, the time which was previously allotted was not sufficient to handle these matters accordingly. Favorable consideration is appreciated. Sincerely, 1111A0t • Steven D. Muhlenhardt Developer of Horizon Heights SDM/ck HC¢Iac J E 47-5 L4 1-11 M CC LAY • ALTON ATTORNEYS ROBERT M. MCCLAY 951 GRAND AVENUE BRIAN D.ALTON* SAINT PAUL. MN 55105 FAX 612/290-2502 Also Licensed in Wisconsin 612/290-0301 June 23, 1994 i" The Honorable Gary Laurent MAYOR OF THE CITY OF SHAKOPEE 129 Holmes Street S Shakoee, MN 55379-1351 De r Mayor Laurent: This correspondence is in response to a letter dated June 3, 1994 addressed to Francis and Bonnie Menden from Lindberg S . Ekola, Planning Director for the City of Shakopee, regarding a time extension request for preliminary plat approval . On behalf of Francis and Bonnie Menden, we request that the preliminary plat approval time frame be extended. We make this request so that the preliminary plat does not expire. The Mendens intend to proceed with the development but at this time, the costs involved and the market do not permit final development. We appreciate your consideration of this request for an extension. Please contact Francis and Bonnie Menden or myself if you need additional information. If you would like someone to appear at the council meeting where this request will be considered, please let us know. ery truly yours, \ kielW"" Brian D. Alton BDA/cjk cc : indberg S . Ekola, Planning Director Francis and Bonnie Menden 5-Tdixg is. The Laurent Building L A U R E N T Corporate Office 128 South Fuller Street, Shakopee, MN 55379g U I l D E R 5,A1 N c. (612)445-6745 June 9, 1994 f� Lindberg S. Ekola 129 Holmes Street South Shakopee, MN 55379 RE: Time extension request for preliminary plat approval for Stonebrooke Subdivision. Dear Mr. Ekola, Thank you for your letter of June 3, 1994. In response to that letter, we are hereby requesting a twelve month extension of our preliminary plat for Stonebrooke. Please let us know if you desire further information. Thank you for your assistance. Sincerely, So c L� Sara Laurent • S10 62 <C- W" mo BUILDERS • DEVELOPERS CONSENT ) k_ MEMO TO: Dennis R. Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Local Recycling Development Grant Funds for the Purchase of Additional Residential Recycling Bins DATE: July 1, 1994 INTRODUCTION: Scott County has earmarked $16,834.00 of the Local Recycling Development Grant (LRD) from the Metropolitan Council for cities and townships to purchase residential recycling bins. The purpose of this grant is to assist communities in purchasing additional recycling bins for replacement, or for new housing development. BACKGROUND: The amount of funding available to each city or township is based upon population using the 1991 Metropolitan Council Census. The amount available to the City of Shakopee is $3,369.00. The application for grant funds from Scott County must be submitted by August 1, 1994, or the funding will be distributed to other programs. A copy of the application to Scott County has been attached. After they receive our application and it is approved, they will send a completed Grant Agreement to the City for signatures. This agreement is similar to the ones we have signed to receive grant funding for our annual Spring Clean-Up Day. ALTERNATIVES: 1. Move that the appropriate City officials be authorized to submit an application and execute an agreement with Scott County for the purchase of additional residential recycling bins. 2. Do not pursue a an agreement with Scott County. 3. Table the decision and request additional information from Scott County. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer a motion to authorize the appropriate City officials to submit an application and execute an agreement with Scott County for a the purchase of additional residential recycling bins, and move its approval. {E,E&G,GRANTBLN.794} SHAKOPEE July 1, 1994 Lydia S. Kohls Scott County Environmental Health Scott County Courthouse 428 S. Holmes Street Shakopee, MN 55379 RE: Local Recycling Development Grant Funds for the Purchase of Additional Residential Recycling Bins Dear Ms. Kohls: On behalf of the City of Shakopee, I would like to submit the following application requesting funding assistance from Scott County for the purchase of additional residential recycling bins. It is my understanding that Scott County has been successful in receiving a Local Recycling Development Grant (LRD) from the Metropolitan Council that would serve as a funding source for the activities as outlined in Exhibit A. I would appreciate your assistance in processing this application request ina timely manner., I . understand that it will be necessary to enter into a grant agreement with Scott County in order to disburse these funds. If you have any questions regarding this application, please feel free to call me at 445-3650. /rely, Terrie Sandbec Assistant City Planner enc: Attachments CONINILNf1Y PRIDE SINCE 1857 :24 Huime-•z::eet South Shakopee.Minnesota. 553-q-1351 rl2-445-367N) F A\ 612-44=-^-18 EXHIBIT A CITY OF SHAKOPEE LOCAL RECYCLING DEVELOPMENT GRANT FUNDS FOR THE PURCHASE OF ADDITIONAL RESIDENTIAL RECYCLING BINS DESCRIPTION OF LOCAL RECYCLING DEVELOPMENT GRANT (LRD): Scott County has earmarked $16,834.00 of the Local Recycling Development Grant (LRD) from the Metropolitan Council for cities and townships to purchase residential recycling bins. The purpose of this grant is to assist communities in purchasing additional recycling bins for replacement, or for new housing development. The amount of funding available to each city or township is based upon population using the 1991 Metropolitan Council Census. The amount available to the City of Shakopee is $3,369.00. The application for grant funds from Scott County must be submitted by August 1, 1994, or the funding will be distributed to other programs. A copy of the application to Scott County has been attached. After they receive our application and it is approved, they will send a completed Grant Agreement to the City for signatures. JUSTIFICATION FOR GRANT REQUEST: The City of Shakopee is still utilizing many of the original recycling bins that were purchased in 1988. After six years of use, many of these bins are deteriorating, and some have been destroyed. These old bins need to be replaced. Last year, the City did purchase approximately 300 new recycling bins for replacement purposes and to cover new growth. In 1994, the City's refuse hauler (Waste Management, Inc.) acquired Shakopee Services. The acquisition resulted in 150 new residential accounts. Each new household also received a new refuse collection cart and recycling bin. The acquisition coupled with the new housing growth (200 homes in 1993) has depleted our recycling container inventory. GRANT REQUEST: With this application, the City of Shakopee would like to request that the $ 3,369.00 in funding assistance that is available to the City of Shakopee be approved for the acquisition of 740 residential recycling bins. {EERG,QRANTBIN.794} CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1993 Comprehensive Annual Financial Report DATE: June 14, 1994 Introduction Council has received the 1993 Comprehensive Annual Financial Report (CAFR) . A motion to accept the report for the record would be in order. Background Highlights of the report and of 1993 activity are reviewed in the transmittal letter contained in the beginning of the CAFR. Two items Council should be particularly aware of are the 12/31/93 General Fund - Fund Balance and the Sewer Fund operating income. The General Fund - Fund Balance at year end was at 26% while the target set by Council is 15%. Council usually transfers the amount over the target to the Capital Equipment Fund. The actual motion to make the transfer will be brought back for Council action at a later meeting. The amount over the target is due to revenues being higher than budgeted, primarily permits, and expenditures being under budget in several areas including pavement preservation (no 1993 program saving $93,000) . The sewer fund had a negative operating income partially due to increased MWCC fees because of a wet year and increased inflow and infiltration. Council did increase sewer fees 13% effective 1/1/94. The Finance Department would like to be able to provide the CAFR to Council in May rather than late June for a variety of reasons. The biggest factors in not being able to do so is the timing of the receipt of the annual reports from the Fire Relief Association and the Shakopee Public Utilities Commission. The City would have to receive those reports no later than the end of March in order to complete the CAFR in May. This year the SPUC report was received 5/3 and the Fire Relief was received 6/7. Action Move to accept the 1993 Comprehensive Annual Financial Report. ' 3S. Attached is a print out showing the division budget status for 1994 based on data entered as of 7/7/94 . 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. The shop division is over budget until an amendment is made for the fuel tanks. Unallocated is showing a negative number because the insurance costs have been allocated out of the unallocated division but the charge for the insurance bill has not been posted yet. Included in the bill list is a bill from Trio Tree for $2 , 176.86 for plantings associated with the disc golf project funded by the Park Reserve Fund. 07/07/94 CITY OF SAKOPEE EXPENSES BY CE?ARTMENT C'RRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED ___ ____ 00 N/A 0 0 -364 0 11 MAYOR & COUNCIL 69,140 0 23,563 34 12 CITY ADMINISTRATOR 185,140 0 90,655 49 13 CITY CLERK 116,490 0 53,394 46 15 FINANCE 278,C20 C 152,202 55 16 LEGAL COUNSEL 179,880 0 67,982 38 17 PLANNING 405,840 0 173,067 43 18 GENERAL GOVERNMENT BUILDINGS 114,460 0 61,743 54 31 POLICEE 1,376,440 167 730,329 53 32 FIRE 865,310 0 667,989 77 33 INSPECTION-BLDG-PLMBG-HTG 183,350 0 80,513 44 41 ENGINEERING 346,590 0 170,179 49 42 STREET MAINTENANCE 585,050 0 219,006 37 44 SHOP 104,530 0 112,300 107 46 PARK MAINTENANCE 307,270 0 157,882 51 48 REFUSE COLLECTION 513,550 0 203,357 40 61 POOL 150,300 0 43,170 29 64 RECREATION 200,010 0 91,773 46 91 UNALLOCATED 143,960 -68,689 -136,587 -95 TOTAL GENERAL FUND 6,125,330 -68,522 2,962,153 48 17 PLANNING 360,860 0 156,555 43 TOTAL TRANSIT 360,860 0 156,555 43 12 CITY ADMINISTRATOR 64,870 0 67,304 104 TOTAL HRA 64,870 0 67,304 104 00 N/A 704,250 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 704,250 0 0 0 = = == ___ .a a a a a C. a a o. a a a a 0. :., H < H H H H H H H H H H H H H H Z C) 00 Cy a E Z 0 a w C.) 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U A A .-1 —1 U CO CO W E Nd U .-1 t U1 0 .•1 UI 1e1 %0 r• CO 0 0 0 0 W 0 .-1 .--I N N N c`1 en ch cn .-1 cn .r '-0 0 0 .--1 .-.i v0 t t t t t N N CO CO 1.4 H 4k 4$ 4k * # * * * # * 4k 4t * * U Z A A A A A 000000000 A Z Z Z Z Z Z Z Z Z Z Z Z Z Z O A A A A A A A A A A A A A A U W W W C.:. L. Lz. W Gz. Gz+ Cz. Lz. L*. LT. Gs. CONSENT /.5K MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Request for Permanent Easement - US West DATE: July 5, 1994 INTRODUCTION: The City has received a request from US West with respect to obtaining a permanent easement for an existing underground tele-a- communications cable located on City property between Gorman Street and Fourth Avenue. BACKGROUND: Shown in attachment #1 is a correspondence that was received from Mr. Bill Folwick representing North Star Land Services Company. Mr. Folwick has submitted a request for a permanent easement on behalf of US West . Shown in attachment #2 is a map indicating the approximate location of the proposed permanent easement . The easement is for an existing underground tele-a-communications cable . Staff has forwarded a copy of the request to Mr. Lou VanHout for review and comment . Mr. VanHout has responded and is not opposed to the proposed easement . Shown in attachment #3 is a copy of the proposed easement agreement . The City Attorney has reviewed and approved the proposed easement . It would be appropriate at this time to authorize the appropriate City officials to execute the easement agreement by and between the City of Shakopee and US West Communications Inc . for an easement across City property located between Gorman Street and Fourth Avenue . ALTERNATIVES: 1 . Authorize the appropriate City officials to execute the easement agreement by and between the City of Shakopee and US West Communications, Inc. for a strip of land 10' in width on City property located between Fourth Avenue and Gorman Street . 2 . Do not approve the proposed easement request . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REOUESTED: Authorize the appropriate City officials to execute the easement agreement by and between the City of Shakopee and US West Communications, Inc. for a strip of land 10' in width on City property located between Fourth Avenue and Gorman Street . North Star Land Services Co. r PROFESSIONAL LAND and RIGHT OF WAY ACQUISITION SERVICES Suite 624,Rosedale Towers • 1700 West Highway 36 • St.Paul,Minnesota 55113 • (612)631-1778 • Fax:(612)631-1039 June 16 , 1994 City of Shakopee Attn: Mr. Barry Stock 129 Holmes Street Shakopee, MN 55379 RE: Proposed U SWEST Easement S 94-5-1 Cable Easement on City Property at Gorman Street and 4th Avenue, Shakopee Dear Mr. Stock: As I mentioned on the telephone, U S WEST would like to obtain an easement for an underground telecommunications cable already located on City property at Gorman Street and 4th Avenue. I have enclosed three copies of a proposed easement for signature (one copy for City records) . The description of the easement would have to be subject to a survey, but U S WEST is looking for a 10 foot strip the centerline of which would be the cable. The enclosed drawing shows the approximate cable location. If our proposal is acceptable, all that you need to do is to have two copies of the easement signed by the proper City officer and notarized and returned to me. After I receive the signed easement we will have the site surveyed and revise the first page of the easement accordingly, furnishing you a copy for your records. I will also take care of the recording process. Thank you again for your cooperation. Yours very truly, William D. Folwick Right of Way Agent WDF:vc Enclosures cc: John Boentges 4t€ -f ttZ N � -1 1' SNAKO P _ PoP�I UTILITIES - 47 Bt- DCr- 7 c czr- 4 � i I NOT FOR DISCLOS fE OUTSIDE NWB TEL CO EX: ll NPA NNX {Cs. 'ern Bell Yes Oietrict T' Tint. R'Z I GZ Air Pr.s r• ;r Ysi NO A/faciwie444 *13 S 94-5-1 Gle EASEMENT ‘,/7.9"/ The Undersigned Grantor(s) for and in consideration of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey to U S WEST COMMUNICATIONS, INC. , a Colorado corporation, (Grantee) , whose address in 5910 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 , its successors, assigns, lessees, licensees and agents a perpetual easement to construct, reconstruct, operate, maintain and remove such telecommunications facilities, including electrical facilities, from time to time, as said Grantee may require upon, over, under and across the following described land which the Grantor owns or in which the Grantor has any interest, to wit: PARCEL DESCRIPTION: See Exhibit A attached hereto. (Torrens Property) EASEMENT DESCRIPTION: Except for the right of access, Grantee's easement rights shall be limited to a strip of land 10.00 feet in width, lying 5.00 feet on each side of a centerline to be described by survey and described on the easement before recording. (Said easement is shown on Exhibit B attached hereto and made a part hereof) situate in the County of Scott, State of Minnesota. Grantee shall have the right of ingress and egress over and across the lands of the Grantor to and from the above described property and the right to clear and keep cleared all trees and other obstructions as may be necessary. Grantee shall be responsible for all damage caused to Grantor arising from Grantee's exercise of the rights and privileges herein granted. The Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with the rights -herein granted. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. claim, controversy or dispute arising out of • .reement sha - tied by arbitration in acco • - - the applicable rules of the •m- - • - - ociation, and judgment upon the award rendered b . •i r. . •- entered in any court having juri • - an thereof. The arbitration s . - - - - • ed in the - - y where the property is located. IN WITNESS WHEREOF, Grantor has executed this easement as of the day of , 1994 . THIS INSTRUMENT WAS DRAFTED BY: Grantor(s) : North Star Land Services Company The City of Shakopee 1700 West Hwy. 36 - Suite 624 St. Paul, Minnesota 55113 By: Its: ACKNOWLEDGEMENT STATE OF Minnesota ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1994 , by the of The City of Shakopee, a Minnesota municipal corporation, on behalf of the corporation. Notary Public EXHIBIT A .ill that tract or parcel of land lying arra being the Fifteen (llb)oNorth,Southwest Twenty-two (22) (E2 of SYis-) of Seotion Six (6), Township One Hundred Sest, Scott County, Minnesota, described as follows, to mit: Starting at a point on the South line of Fourth Street, East thakopee, according to the map or plat thereof on file and of record in the office of the Register of Deeds of Scott County, Minnesota, which point is two hundred fifty and six-tenths (25016) feet Southwesterly from the Northeast corner of the Northeast quarter of the Southwest quarter (NEI of S7i) of said Section Six (6) and is also two hundred forty-six and twenty-five hundredths (246,25) feet Rest of the North and South one quarter line through said Section six (6); thence South twelve hundred eighty (1280) feet more or less, to a point in the south line of the Northeast quarter of the Southwest quarter (11E1 of S64) of said Section Six (6), which point is two hundred thirty-six (236) feet Welt from the Southeast corner of the Northeast quarter of the Southwest quarter (NEi of sv; ) of said Section Six (6); thence continuing South along ,the, same line a distance of one hundred eighteen and eight-tenths (118.6 ) feet, more or lest to the'North line of the right-of-wty of the Chicago, Milwaukee, Ste Paul and Pacific Railway, which line from said point on the, South line of Fourth Street to the North line of said ri@ht-of-e is hereinafter referred to as the East boundary line;thence Northwesterly along the North line of ) feet, said right=of-way a distance richundred nline �rithrthe�SouthtZiresof2t�-ie2NortheastoQuarteror eEt' the said to the intersection ofright-of-ray of the Southwest Quarter (N.Fei of Si-) of said Section Six (6); thence West along said :South} line of the Northeast Quarter of the Southwest Quarter ( o4) of said SectioNorthn Six (€)linaodif stance of forty-two end one-tenths (42.1 ) feet; thence Northwesterly eofr right-of-way a distance of ninety-seven end five-tenths (97.5) feet more or less, to a point four hundred (400) feet due West pf the above described East boundary line; thence North on a lir.' drawn parallel to and four hundred (400) feet distant from said East boundary line a distance of eleven hundred sixty-seven end two-tenths ,(1167.2) feet, more or less, to the South line of Fourth Street, East Shakopee; thence Northeasterly along said South line of said Fourth Street a distance of four hundred six and five-tenths (406.5) feet, more or less, tc the place of beginning, excepting the following: Starting at the Northwest Corner of a 400 Foot strip of .lane now owned by the City of Shakopee which corner is on the South Line of 4th Street at a point 657.1 Feet Southwesterly from the northeast Corner of said Northeast Quarterof the Southwest Quarter of Section 6-115-22 and running Thence South on the West Line of said 400 Foot strip at an angle of 79' 46' to the South Line of said 4th Street 208 Feet, thence East at right angles 49.0 feet, thence North at right angles end parallel to the West line 216.9 Feet to the South Line of said 4th Street and Thence Westerly on said South line 49.E Feet to point of beginning, containing 0.24 acres. • - - - CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Fuller Street DATE: July 7, 1994 INTRODUCTION: Attached is a proposal from Strgar-Roscoe-Fausch, Inc. (SRF) to provide design services associated with the Fuller Street realignment and Community Center site grading. BACKGROUND: On June 21, 1994 the City Council directed staff to obtain a proposal from SRF to provide design services associated with the Fuller Street realignment. The project was initiated by Scott County since they are proposing to construct Apgar Street and the County Engineer felt that Fuller Street should be done at the same time. The Fuller Street/Apgar Street Project will be covered under a City/County cost participation agreement. Apgar Street has been designed by the County and they would like to bid this project as soon as possible, either yet in in 1994 or early 1995. The proposal from SRF indicates they can design Fuller Street for an estimated fee of$47,000.00 (staff estimated the design fees to be around $50,000.00). In addition to the street construction, sewer and water need to be extended down County Road (C.R.) 77 to the south side of the Upper Valley Drainageway in order to serve impending developments in this area. Staff has already received two preliminary development proposals for properties on the east side of C.R. 77. Staff requested a proposal from SRF to add the sewer and water design to the street project and their proposal indicates the cost for this design would be $15,000.00. Staff also requested a proposal to prepare a site grading plan for the Community Center. The site grading could be done more cost effective if included in the street construction project. SRF has indicated that the grading plan fee would be estimated at $15,000.00. SRF has also submitted a proposal to provide construction services such as contract administration, site inspection, etc. for an estimated fee of $75,000.00 but City staff usually provides these services and staff does not envision utilizing SRF for this work. Additional mapping and soil testing fees would cost a maximum of$9,000.00. All of the design fees would be included in the total project costs and funded by the County and City as part of the cost participation agreement. In addition, some of the projects costs will be assessed to the benefitted developments. Staff has contacted the County Engineer to prepare and submit a Memorandum of Understanding or draft cost participation agreement which would cover these design fees and this will be provided to the Council for review and consideration as soon as staff receives it. ALTERNATIVES: 1. Accept the proposal from SRF. 2. Reject the proposal from SRF. 3. Table the proposal. RECOMMENDATION: Staff recommends Alternative No. 1. The total estimated fees, excluding construction services but including the mapping and soil testing is $84,000.00. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached proposal from Strgar- Roscoe-Fausch, Inc. to provide design services associated with the Fuller Street realignment and Community Center site grading for a total not-to-exceed figure of$84,000.00. DEH/pmp SRF STRGAR ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS TRANSPORTATION ■ CIVIL ■ STRLLILRyL ■ ENVIRONMEN AL ■ PARKING July 8, 1994 Mr. David E. Hutton, P.E. Public Works Director CITY OF SHAKOPEE 129 South Holmes Shakopee, Minnesota 55379-1376 RE: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES FOR COUNTY ROAD 77 REALIGNMENT (BETWEEN APPROXIMATELY 11TH AVENUE AND NEW VIERLING DRIVE) SHAKOPEE, MINNESOTA Dear Dave: Based on your request, we are pleased to submit this proposal for engineering services for the referenced project. BASIC SERVICES We would propose to carry out all the work as outlined in our attached Scope of Services as necessary to complete the final design of realigned County Road 77 between 11th Avenue and the proposed intersection of Vierling Drive. Our proposal also includes costs to prepare a preliminary grading plan for the community center site, to design sanitary sewer and watermain for the corridor and to provide in-construction service if necessary. BASIS OF PAYMENT We would propose to be reimbursed for our services on an hourly basis as provided for in our Consultant Contract for Engineering Services. Out-of-pocket expenses (printing, repro- duction, etc.) would be billed at cost and mileage would be billed at a rate of$.27 per mile. Based on our understanding of the project and our Sccpe of Services, we would estimate the cost of our services to be as follows: County Road 77 (Street and Storm Sewer) Design $ 47,000.00 County Road 77 (Sanitary Sewer & Watermain) Design $ 15,000.00 Community Center Site Grading Plan $ 15,000.00 In-Construction Services $ 75.000.00 TOTAL $152,000.00 We would not exceed these figures without your approval. Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447-4443 (612) 475-0010 FAX (612) 475-2429 Mr. David E. Hutton, P.E. - 2 - July 8, 1994 If additional design mapping is required, we would assist the City in contracting to have that work done. Based on the size of the Community Center site, we estimate the cost to have the area mapped to be on the order of $3,000.00 to $5,000.00. Additional soils investigation work may also be necessary which we would assist the City in obtaining. Soils investigation costs could range from $2,000.00 to $4,000.00. NOTICE TO PROCEED A signed copy of this proposal or a separate letter of authorization returned to this office will serve as notice to proceed. We will begin the work immediately thereupon and, barring circumstances beyond our control, will complete the project within a mutually agreed upon time schedule. We sincerely appreciate your consideration and look forward to working with you on this project. Please feel free to call if you have any questions or wish to discuss modifications to our proposal. Sincerely, STRGAR-ROSCOE-FAUSCH, INC. Timothy D. Phenow, P.E. Principal TDP/jal/bba Attachments ACCEPTED FOR CITY OF SHAKOPEE Mayor Date City Administrator Date City Clerk Date PROPOSED SCOPE OF SERVICES FOR REALIGNED COUNTY ROAD 77 (11TH AVENUE TO NEW VIERLING DRIVE) SHAKOPEE, MINNESOTA July 8, 1994 I. DATA COLLECTION A. Meet with City to define limits and scope of project. B. Collect existing data: 1. As-builts of sanitary sewer, watermain, storm sewer, and streets in corridor and on adjacent roadways and easements 2. Copies of previous studies and reports 3. Copies of Comprehensive Plans 4. Copies of storm sewer studies 5. Copies of development plans and studies for development adjacent to corridor 6. Half-section maps 7. Plats adjacent to project 8. Aerial photographs 9. Topography maps 10. Traffic counts and studies 11. Right-of-way maps 12. Copies of gas, telephone, electric and cable TV location maps 13. Available soils data C. Coordinate additional topographic mapping as necessary. D. Perform supplemental field surveys as necessary to verify existing planimetric features and elevation data. E. Prepare project area base map at appropriate scale. PROPOSED SCOPE OF SERVICES - 2 - July 8, 1994 II. PRELIMINARY DESIGN A. Prepare preliminary layout alternatives of proposed improvements to include: 1. Horizontal and vertical alignment and geometry 2. Storm sewer 3. Landscaping B. Meet with City staff and others as necessary to review layout and make revisions as requested. C. Coordinate additional geotechnical investigation as necessary. D. Prepare estimates of construction costs. III. FINAL DESIGN (ROADWAY AND STORM SEWER) A. Prepare design and plans for proposed improvements to include: 1. Alignment 2. Profiles 3. Cross-sections 4. Storm drainage system 5. Traffic systems a. lane width and configuration b. turn lanes c. median d. signage and striping 6. Utilities (electric, gas, telephone, cable TV) relocations 7. City's systems (sanitary sewer, watermain, storm sewer) relocations 8. Sidewalks and trails 9. Landscaping B. Prepare Contract Documents and Specifications of a form and substance required by the City/County. C. Prepare Engineer's Estimate of construction cost. D. Meet with City/County Engineer to review plans and specifications. E. Assist City/County in obtaining necessary permits and approvals. PROPOSED SCOPE OF SERVICES - 3 - July 8, 1994 F. Prepare drawings and descriptions of required right-of-way and easements as necessary. G. Furnish 25 copies of the plans and specifications (complete bidding documents) for bidding purposes by contractor. IV. FINAL DESIGN (SANITARY SEWER AND WATERMAIN) A. Review as-builts development plans and comprehensive plans with respect to City utilities. B. Prepare design and plans for proposed: 1. Sanitary sewer extensions and services 2. Watermain extensions and services C. Prepare Contract Specifications for City utility improvements. D. Prepare Engineer's estimate of construction cost. V. FINAL DESIGN (COMMUNITY CENTER SITE GRADING) A. Review available concept plans for community center site. B. Prepare design and plan for preliminary grading of community center site. C. Prepare Contract Specifications for site grading. D. Prepare Engineer's Estimate of construction cost. VI. BIDDING ADMINISTRATION AND IN-CONSTRUCTION SERVICES A. Bidding Administration 1. Prepare advertisement for bids and submit to required publications 2. Answer bidders' questions. 3. Issue addenda if necessary. 4. Attend bid opening, tabulate results. 5. Prepare letter of recommendation to City. 6. Attend City/County meetings regarding bid award. 7. Prepare Notice of Award and Contract Agreement and forward to Contractor. PROPOSED SCOPE OF SERVICES - 4 - July 8, 1994 B. Perform field staking as necessary to construct project: 1. Limits of construction 2. Grading 3. Alignment and grades for new and relocated sanitary sewer, watermain and storm sewer 4. Alignment and grades for new curbs and gutters 5. Locations for signage and striping C. Construction Observation 1. Perform observation of the construction activities of the contractor. 2. Prepare and file copies of reports on the construction activities. 3. Keep a record of the quantities of each of the pay items used in the work. 4. Periodically review contractor's progress. 5. Perform field measurements for use in measurement of quantities and preparation of record plans 6. Arrange for construction staking as required by contractor's progress. 7. Upon substantial completion, prepare "punch list". 8. Coordinate and review testing of materials and installation. 9. Prepare final inspection letter. D. Construction administration 1. Coordinate and attend preconstruction conference. 2. Periodically perform on-site review of project's work and status and report to the City/County. 3. Prepare periodic payment request forms. 4. Prepare Change Orders and other written directives, if required. 5. Prepare letter of final review and acceptance. 6. Approve shop drawings, material list reports and all information on material to be used for construction in accordance with the plans and specifications. E. Final Inspection 1. Conduct final review of project. 2. Prepare letter of final acceptability. F. Prepare As-Builts 1. Obtain record information from field representative. 2. Prepare record drawings. 3. Submit copies of record drawings to City/County. CONSENT l � � MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Viking Steel Road, Project No. 1994-10 DATE: July 8, 1994 INTRODUCTION: Attached is a proposal from the City's consultant, Orr-Schelen-Mayeron & Assoc. (OSM) to provide engineering design services associated with the Viking Steel Road Project. BACKGROUND: On June 21, 1994 the City Council held a public hearing to consider the improvements to Viking Steel Road, which staff is referring to as Sarazin Street and also Roundhouse Street. The proposed improvements consists on constructing these two streets within the Prairie Bend Subdivision between 4th Avenue and County Road 16 and also constructing Sarazin Street from 4th Avenue to Trunk Highway (T.H.) 101, including installation of sewer and water utilities on 4th Avenue. At the conclusion of the public hearing, the City Council ordered the plans and specifications prepared for this project. The City Council also directed staff to obtain a proposal from the City's consultant, OSM to provide design services for this project. The petitioners for the Prairie Bend Subdivision desire to get the streets constructed as soon possible and due to other staff workloads, staff had recommended using the consultant to get this work done. All engineering costs will be included in the proposed assessments and also reimbursed by State Aid Funds. The City Council indicated that the segment of roads between 4th Avenue and County Road 16 should be constructed as soon as possible, but that the segment of street between 4th Avenue and T.H. 101 would not necessarily be need to be built now but to construct it within the next three years. Staff has received a proposal from OSM to do the proposed design. Attached is a letter from them outlining their proposal. They have indicated that their engineering fees to design Segments One and Three would total $56,900.00 and their fee to provide engineering services for Segment Two, which is the segment between 4th Avenue and T.H. 101 would be $38,200.00. Staff is requesting authorization to accept their proposal. ALTERNATIVES: 1. Accept the proposal. 2. Reject the proposal. 3. Direct staff to take some other direction in this regard. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the attached proposal from Orr- Schelen-Mayeron&Assoc., Inc. to provide design engineering services for the Viking Steel Road Project No. 1994-10, at a not-to-exceed figure of$95,100.00. DEH/pmp OSM •—. orr Schelen htaveron& • Associates,Inc. Park Place Center 5 Wayza_a Boulevar: .:.^neapolis `.IX 55416-1223 :2-595-577: July 8, 1994 :-300-753-575 FAX 595-5774 Engineers Architects Planners Mr. David Hutton, P.E. Surveyors City of Shakopee 129 South Holmes Shakopee, MN 55379-1376 Re: Contract Extension Agreement - Sarazin St., Roundhouse St. & 4th Ave OSM Proposal No. 0236-94 Dear Mr. Hutton: According to our agreement for Professional Services with the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is for the design of street and utilities for the following streets: 1. Segments 1 & 3: Sarazin St. & Roundhouse St. - 4th Ave to CSAR 16 4th Ave - Shawnee Trail to Sarazin St. (Sanitary Sewer & Watermain only) 2. Segment 2: Sarazin St. - 4th Ave to TH 101 Orr-Schelen-Mayeron & Associates (OSM) agrees to accomplish the attached scope of services for a fee not to exceed the following: Design Fee Preliminary Total Survey Fee Segments 1 & 3 $49,600 $6,400 $56,900 Segment 2 $33,400 $4,800 $38,200 A schedule has not been prepared at this time due to several unknowns. We have contacted the developer and understand his desires for the project and will endeavor to accomplish those if possible. A schedule will be provided at our earliest convenience. Equal Opp, _.:t}per.... .-. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval, please sign below and return one copy to our office. We look forward to working with you on this project. Sincerely, ORR-SCHELEN-MAYERON CITY OF SHAKOPEE T),„„174, 2J Bret A. Weiss, P.E. City Administrator Project Manager, Associate I City Clerk Edward J. DeLaForest, P.E. Vice President Mayor Date: Attachment H:\civil\nm\engineer\baw\proposalsha ENGINEERING SERVICES FOR SEGMENTS 1 & 3 Sarazin Street & Roundhouse Street - Street & Utility Construction 4th Avenue - Utility Construction SCOPE OF SERVICES The work will include preparation of bidding documents for the following streets: Sarazin Street - 4th Avenue to CSAH 16 - Street & Utility Construction Roundhouse Street - 4th Avenue to CSAH 16 - Street & Utility Construction 4th Avenue - Shawnee Trail to Sarazin Street - Sanitary Sewer & Water Main The following services will be provided as necessary to complete the project: 1) Review and evaluate the feasibility report prepared by the City and determine project specifics. 2) Complete preliminary field survey. The survey work for this segment will include full street cross sections from Shawnee Trail to Sarazin Street, centerline profile of Sarazin Street & Roundhouse Street from 4th Avenue to CSAH 16, and other miscellaneous items. The full cross-sections will be useful for the City preparation of plans for the 4th Avenue reconstruction. 3) Set up soil testing program and evaluate borings prepared by the developer to determine if additional borings are necessary. (All testing shall be paid for by the City under seperate invoice.) 4) Prepare construction plans at 1"=20'scale,specifications and bidding documents according to State Aid standards. 5) Prepare a detailed construction cost estimate. 6) Prepare and submit necessary permit applications to the regulatory agencies. (Permit fees to be paid by City). 7) Prepare necessary bid plan sets for City distribution. 8) Assist the City in acquiring State Aid approval and advertising for bids. Page 1 of 2 9) Prepare preliminary street grades for the 4th Avenue reconstruction surrounding Sarazin Street, Roundhouse Street and adjacent to the proposed assisted living complex. 10) Coordinate activities with the developer and the developer's engineer. 11) Coordinate CSAH 16 access with Scott County and their engineer. 12) Provide recommendations for Award of Contract. 13) Prepare supplementary drawings for clarification of working drawings as required. 14) Review shop drawings to determine compliance with plans and specifications. ASSUMPTIONS: (1) Project will be completed as one plan set for bidding. The project may require splitting due to uncertainties with crossing the Lindstrand property. Multiple plan sets and bids could require a fee adjustment. Page 2 of 2 ENGINEERING SERVICES FOR SEGMENT 2 Sarazin Street - 4th Avenue to TH101-Street & Utility Const. SCOPE OF SERVICES The work will include preparation of plans and specifications for street, storm sewer watermain and sanitary sewer construction for the above noted street. The following services will be provided as necessary to complete the project: 1. Review and evaluate the feasibility report prepared by the City and determine project specifics. 2. Complete preliminary field survey. The fee for this segment includes full street cross- sections along Sarazin Street, from 4th Avenue to TH101 and 4th Avenue, from CSAH17 to Shawnee Trail and Sarazin Street to Shenandoah Street. The 4th Avenue cross-sections can be removed from this project, but it appears to be more efficient to complete the work at this time due to the pending reconstruction of 4th Avenue in 1995. 3. Set up soil testing program and evaluate borings. (All testing shall be paid for by the City under separate invoice.) 4. Prepare construction plans at 1"=20' scale, specifications and bidding documents according to State Aid standards. 5. Prepare a detailed construction cost estimate. 6. Prepare and submit necessary permit applications to the regulatory agencies. (Permit fees to be paid by City.) 7. Prepare necessary bid plan sets for City distribution. 8. Assist the City in acquiring State Aid approval and advertising for bids. 9. Provide recommendations for Award of Contract. 10. Prepare supplementary drawings for clarification of working drawings as required. Page 1 of 2 11. Review shop drawings to determine compliance with plans and specifications. 12. Coordinate the request for an access permit to TH101. 13. Evaluate possible alternatives for serving the area with sanitary sewer. 14. Coordinate the activities associated with the excavation of the proposed pond. (If an archeological investigation is required, the City will be invoices under separate contract.) 15. Coordinate the railroad activities including rubber crossing and signals. ASSUMPTIONS 1. This work will be completed independent of Segments 1 and 3. 2. Right of way acquisition will be completed on a cost reimbursable basis. This acquisition work is after the alignment has been identified under this contract. Page 2 of 2 CONSENT l5 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: U.S. West Agreements DATE: July 8, 1994 Introduction Council authorization to execute service agreements with U.S. West is requested. Background Council earlier this year approved upgrading the communication link to LOGIS by installing a bridge to replace the MUX. Technology has moved on! Before we executed the order for a bridge, frame relay arrived. We have ordered the components and installation of frame relay within the authorized dollar amount. One issue with frame relay is that the telephone line equipment is different. U.S. West has sent us several service and maintenance agreements to sign. Action Requested Move to authorize the appropriate city officials to execute any necessary service and maintenance agreements for the upgrade of computer communications equipment with U.S. West. CONSENT 11a MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer)011" SUBJECT: Vacation of Hauer Trail DATE: July 5, 1994 INTRODUCTION: Attached is Resolution No. 4034, a resolution setting a public hearing to consider the vacation of Hauer Trail east of Jasper Road. BACKGROUND: On June 7, 1994 the City Council of Shakopee held a public hearing to consider the vacation of Jasper Road from County Road 16 to Hauer Trail. At that hearing, the resident on the northwest corner of Hauer Trail and Jasper Road indicated that he would prefer that both Jasper Road and Hauer Trail east of Jasper Road be vacated and a driveway constructed on the vacated right-of- way for access. The City Council directed staff to prepare a resolution and legal description for the vacation. While preparing the resolution, staff realized that the public hearing and legal notice did not include vacating Hauer Trail. The City Attorney has advised that a public hearing and legal notice would be required prior to vacating Hauer Trail. The attached resolution sets the public hearing for August 16, 1994. ALTERNATIVES: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4034, A Resolution Setting the Public Hearing Date to Consider the Vacation of Hauer Trail East of Jasper Road, and move its adoption. DMN/pmp MEM4034 HAUER TRAIL VACATION RT $ i I 1 REQUESTED ADDITIONAL VACATION !' V 9lj Cn : CATION A" PROVED .0,c? 16 JU . 7, 199 ' '.) /1/1 - .I , <.,c/c-)FR R S .s:rq-s 8 /1/%/4, 'I 4 . f # I z ONYX R, o %. ' -_--------' DRI•V R 3 u ZER,_,N 1 RESOLUTION NO. 4034 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF HAUER TRAIL EAST OF JASPER ROAD WHEREAS, it has been made to appear to the Shakopee City Council that Hauer Trail east of Jasper Road 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 16th day of August, 1994 at 7:00 P.M. or thereafter, on the matter of vacating Hauer Trail east of Jasper Road. WHEREAS, two weeks published notice will be give 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 , 1994. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT i V.10 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director k SUBJECT: 1994 Sidewalk Program, Project No. 1994-3 DATE: July 6, 1994 INTRODUCTION; Attached is Resolution No. 4035 accepting bids and awarding the contract for the 1994 Sidewalk Program. BACKGROUND: On May 17, 1994 the City Council ordered the advertisement for bids for the 1994 Sidewalk Program. This project consists of the following sidewalk segments: 1. Construction of sidewalk on the east side of Marschall Road between 4th Avenue and 10th Avenue (estimated cost - $55,200.00). 2. Construction of sidewalk on 10th Avenue between Tyler Street and Shakopee Town Square Mall (estimated cost - $12,000.00). 3. Construction of sidewalk on 1st Avenue between Shakopee Chevrolet and Marschall Road (south side) and Marschall Road and the Highway 101 Bridge(north side) (estimated cost - $28,000.00). 4. 1994 Sidewalk Replacement Project ($25,000.00 budgeted). The 1994 Sidewalk Replacement Project is mainly to install the handicapped ramps on all existing sidewalks to comply with ADA requirements. None of this sidewalk is proposed to be assessed since it is all located within street intersections. The other three sidewalk projects are located on collector streets, so again there will be no assessments. Since none of this project will be assessed, a public hearing was not necessary. On June 23, 1994 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 West Star Curb & Concrete of Watkins, MN for a total bid of$86,654.90. The Engineering Department has reviewed all bids for completeness and also the qualifications of West Star Curb & Concrete, the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. West Star Curb & Concrete has successfully completed previous City sidewalk replacement projects. The Engineer's estimate for this project was $120,000.00. Attached is Resolution No. 4035, which accepts the bids on this project and awards the contract. Staff is also requesting a 10% contingency or approximately $8,600.00 for use in processing change orders on this project. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 4035, awarding the contract to West Star Curb and Concrete, Inc. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: 1. Offer Resolution No. 4035, A Resolution Accepting Bids on the 1994 Sidewalk Program, Project No. 1994-3 and move its adoption. 2. Authorize a contingency in the amount of 10% of the bid for use by the City Engineer in authorizing change orders or quantity adjustments for this project. DEH/pmp MEM4035 RESOLUTION NO. 4035 A Resolution Accepting Bids On The 1994 Sidewalk Program Project No. 1994-3 WHEREAS, pursuant to an advertisement for bids for the 1994 Sidewalk Program, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: West Star Curb & Concrete, Inc. $ 86,654.90 Progressive Contractors, Inc. $115,396.10 Ryan Contracting, Inc. $139,390.00 Advanced Concrete, Inc. $144,839.25 AND WHEREAS,it appears that Weststar Curb&Concrete, Inc.,Box 201,Watkins, MN 55389 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 Weststar Curb & Concrete, Inc. in the name of the City of Shakopee for the 1994 Sidewalk Program, consisting of construction of sidewalk on the east side of Marschall Road, between 4th Avenue and 10th Avenue; 10th Avenue, between Tyler Street and Shakopee Town Square Mall; 1st Avenue, between Shakopee Chevrolet and Marschall Road (south side) and Marschall Road and the Highway 101 Bridge (north Side); and the 1994 Sidewalk Replacement Program 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 CONSENT iY , MEMO TO: Dennis Kraft, City Administrator FROM: Dave Nummer, Staff Engineer3M/' SUBJECT: Parking on Vierling Drive DATE: July 6, 1994 INTRODUCTION: Attached is Resolution No. 4040, a resolution prohibiting parking on Vierling Drive from County Road 15 to Presidential Lane. BACKGROUND: Vierling Drive from County Road 15 to Presidential Lane is designated as a State Aid Route and is proposed to be constructed with State Aid Funds later this summer. On past segments of Vierling Drive, a resolution banning parking has been required by the State Aid Office before they would approve the construction plans. This resolution allows the City to construct a 50 foot wide roadway with four lanes of driving and no parking lanes. ALTERNATIVES: 1. Adopt Resolution No. 4040. 2. Deny Resolution No. 4040. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4040, A Resolution Prohibiting Parking on Vierling Drive (MSAS 106) From County Road 15 to Presidential Lane, Project No. 1994-7 and move its adoption. DMN/pmp MEM4040 RESOLUTION NO. 4040 A Resolution Prohibiting Parking On Vierling Drive (MSAS 106) From County Road 15 To Presidential Lane Project No. 1994-7 WHEREAS, the City of Shakopee has planned the improvements of Vierling Drive (MSAS 106) from C.S.A.H. 15 to Presidential Lane; and WHEREAS, the City of Shakopee will be expending Municipal State Aid Funds on the improvement of this street; and WHEREAS, since this improvement lacks adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore include certain parking restrictions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That the City of Shakopee shall prohibit the parking of motor vehicles on both sides of MSAS 106 (Vierling Drive) at all times. 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 CONSENT IEQL MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Cler SUBJECT: Appointments to Planning Commission DATE: July 12, 1994 INTRODUCTION: Attached is a resolution making appointments to the Planning Commission to fill current vacancies. BACKGROUND: At their regular meeting on June 21st, City Council nominated Todd Bladow and James Link to the Planning Commission to fill unexpired terms. The interview committee interviewed both candidates late yesterday afternoon. I understand that both candidates are being recommended for appointment. Pursuant to your request, I have prepared the appropriate resolution for City Council consideration tonight. As a result of a flip of a coin, Mr. Bladow will fill the unexpired term of Mr. Zak until 1996 and Mr. Link will fill the unexpired term of Mr. Kelly until 1995. RECOMMENDED ACTION: Offer Resolution No. 4041, A Resolution Appointing Individuals To Various Boards and Commissions, and move its adoption. RESOLUTION NO. 4041 A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT THE FOLLOWING APPOINTMENTS ARE HEREBY MADE: 1 . Todd Bladow is appointed to the Planning Commission and Board of Adjustments and Appeals to fill the unexpired term of Joe Zak ending March 31, 1996 . 2 . James Link is appointed to the Planning Commission and Board of Adjustments and Appeals to fill the unexpired term of Joe Kelly ending March 31, 1995 . Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 12th day of July, 1994 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney