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HomeMy WebLinkAbout01/05/1999 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 5, 1999 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Liaison Reports from Councilmembers 5] Mayor's Report 6] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene *10] Approval of Minutes of October 6 and 13, and December 7, 1998 *11] Approve Bills in the Amount of$724,875.55 12] Communications: 13] Public Hearings 14] Recommendations from Boards and Commissions: TENTATIVE AGENDA January 5, 1999 Page -2- 15] General Business A] Public Works and Engineering 1] Order Feasibility Report for Street Paving for McGuire Circle and McGuire Court -Res. No. 5049 B] Community Development 1] BDM, LLC appeal of Board of Adjustment and Appeals denial of variances to setback requirements from the Residential Zone 2] NAPA Stores appeal of Board of Adjustment and Appeals denial of a 6.65 variance from the side year setback requirement in the highway business zone(B-1) - tabled 12/15 C] Parks and Recreation *1] Authorization to Advertise for Facilities Maintenance Worker D] Police and Fire *1] Community Oriented Policing(COPS) Overtime Grant -Res. No. 5046 E] General Administration *1] Repeal of Minnesota Municipal Board(Sunset) *2] Murphy's Landing Legislative Support 3] 1999 Liaison Appointments 4] Mayor's Council Meeting Objectives and Procedures *5] Designation of Official Newspaper *6] Amend 1999 Pay Plan by Adding Community Service Officer-Res. No. 5047 7] Assignment and Assumption of Developer's Agreement - Southbridge 1st- Minneapolis Foundation- memo on table 16] Other Business 17] Adjourn to Monday, January 11, 1999, at 4:00 p.m. TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 5, 1999 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Liaison Reports from Councilmembers 5] Mayor's Report 6] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene *10] Approval of Minutes of October 6 and 13, and December 7, 1998 *11] Approve Bills in the Amount of$724,875.55 12] Communications: 13] Public Hearings 14] Recommendations from Boards and Commissions: TENTATIVE AGENDA January 5, 1999 Page -2- 15] General Business A] Public Works and Engineering 1] Order Feasibility Report for Street Paving for McGuire Circle and McGuire Court - Res. No. 5049 B] Community Development 1] BDM, LLC appeal of Board of Adjustment and Appeals denial of variances to setback requirements from the Residential Zone 2] NAPA Stores appeal of Board of Adjustment and Appeals denial of a 6.65 variance from the side year setback requirement in the highway business zone (B-1) - tabled 12/15 C] Parks and Recreation *1] Authorization to Advertise for Facilities Maintenance Worker D] Police and Fire *1] Community Oriented Policing (COPS) Overtime Grant -Res. No. 5046 E] General Administration *1] Repeal of Minnesota Municipal Board (Sunset) *2] Murphy's Landing Legislative Support 3] 1999 Liaison Appointments 4] Mayor's Council Meeting Objectives and Procedures *5] Designation of Official Newspaper *6] Amend 1999 Pay Plan by Adding Community Service Officer-Res. No. 5047 7] Assignment and Assumption of Developer's Agreement - Southbridge 1st - Minneapolis Foundation - memo on table 16] Other Business 17] Adjourn to Monday, January 11, 1999, at 4:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting January 5, 1999 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Minutes: 11u3\P3 4. Financial A.)Approval of Bills 5. 1999 Election of Officers 6. Downtown Facade Loan Program &Design Guidelines; Greg Vierling request regarding Rehab Grant Program 7. Other Business: 8. Adjourn edagenda.doc 4171 CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: December 30, 1998 Introduction Attached is a listing of bills for the EDA and Seagate fund for the period 12/11/98 to 12/30/98 . Action Requested Move to approve bills in the amount of $2, 719 . 15 for the EDA General Fund and $192 . 85 for Seagate. E II 0 0 0 0 0 0 0 0 0 0 O N H II 0 0 0 0 0 0 0 0 0 0 O N AII • • • • • II [L] N 0 0 0 0 0 0 0 0 0 0 O II M U II I l(1 0 0 111 In 11 111 Lo In to o u ra O o H ri H CO aD CO CO o II • II H I O\ O O 01 01 01 NNNN N N fA I ri O O H 1 ri H I 01 01 01 01 ri II W 1 N 111 N N N H H H H 01 II A I HHNNN N u I E II gl N II 01 03 1 H 0 0 0 co ON 001 N fs: CO • W • M o 0 W [Ur] o CO U HM A 0 01 0 M m Ulrzi z°H Kg z az° alHH H 0) C ril E-1 al al al waa a xaa a 001. z4 H El O 0 Z ,,t1N z 04 \ 0 'CHN Cl) aN . a N H �Hrx w H >+ 44 H Z C U H U - - H mi W 4 a] CIC Z H A Z W H U 4 x 0 A 1nr01 Q M lO V. CO M d' L(1 In N N N N L41 d' Ln dl 10 CO 10 H U M M d' d' [T] 0 0 O O X ° 10 10 10 10 U Z 0 0 0 0 ao CO 03a0 010101 a, cao 01 H H H H \\\ ✓ 01 01 01 [4 r-I N N N H - - --. N A H H H H * * * * * * * * H In d4 0 01 01 H 111 H to * H H H 10 q V * O 10 * I-/ rI O O °H o O o a. OD wO� w x a o O H H H a A W V, a q W H as of rn (n a o 0 o O O Lo O O a a H a a H A * H H H u1 u1 u1 H H 4. o H H Z H O O « a CLI H r-I r•I El EEE CITY OF SHAKOPEE Memorandum TO: EDA FROM: Mark McNeil, Executive Director SUBJECT: 1999 Officers DATE: December 30, 1998 INTRODUCTION: The EDA is asked to elect officers for 1999. BACKGROUND: As January 5th will be the annual meeting for 1999, a slate of officers should be elected for the EDA. Appointments by election may be done by motion. By-laws of the Economic Development Authority require that the terms of office for President, Vice President, and the Treasurer expire on the date of the annual meeting of the Board of the subsequent year. The offices of the Secretary and Assistant Treasurer do not expire unless specific action is taken by the Board. The Secretary's position is filled by Judy Cox; the Assistant Treasurer is by Gregg Voxland. Therefore, the President, Vice President, and Treasurer positions should be elected at the January 5th meeting. Mayor Brekke has asked that Deb Amundson serve as President of the EDA for 1999, and makes that recommendation to the Board. Nominations for Vice President and Treasurer should be made at the meeting. ACTION REQUIRED: The Council should, by motion, elect officers for the positions of President, Vice President, and Treasurer of the Shakopee Economic Development Authority, for the year 1999. Mark McNeill Executive Director MM:tw CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook,Economic Development Coordinator SUBJECT: Downtown Facade Loan Program&Design Guidelines; Greg Vierling Request regarding Downtown Rehab Grant Program MTG DATE: January 5, 1999 Introduction: The EDA is asked to: 1. Endorse the new Downtown Shakopee Facade Loan Program; 2. Adopt the EDA-commissioned Downtown Design Guidelines (to go with the loan program); and 3. Consider reinstating the Downtown Rehab Grant Program upon the request of Greg Vierling, owner of Jerry's Pizza. Updated design criteria / guidelines are necessary to graphically communicate the Facade Loan Program's intent which is "to create a positive visual image for Downtown Shakopee through encouraging the restoration and preservation of the architectural heritage of the district's traditional commercial buildings". The design guidelines would also be appropriate for the Downtown Rehab Grant Program should it be reinstated. Mr. Vierling will be at the January 5 meeting to discuss his request; he is expanding his business and would like the EDA to reinstate the Downtown Rehab Grant Program to assist downtown property owners in the financing of building improvements. Background and Discussion: Termination of the Rehab Grant Program In September of 1997,the EDA terminated the Rehab Grant Program, and asked staff to create an alternative financial incentive program(preferably a low-interest loan program with participation from local banks)and related design guidelines to encourage downtown property owners to rehabilitate and restore their traditional commercial buildings. flpmmo.doc The Rehab Grant Program was terminated for the following reasons: • The program had very limited funding: $45,000 from the City(EDA). • The original intent of the Rehab Grant Program -"to encourage the preservation and beautification of downtown buildings by enhancing their original character";to"protect and enhance the historic character..."; and,to "preserve and enhance their original design, material and architectural detail"-was not being adhered to. Clearly,the general goal of the program was to promote economic development in the downtown area through encouraging the restoration and preservation of the district's traditional commercial buildings. To the contrary, funds were granted for building improvements that were not original design and did not enhance the historic character of downtown's traditional business district. • The program was expanded to the highway business district along Highway 101 to Marschall Road... an area with no commercial buildings of traditional design. Consequently,when the program was expanded to this area it lost focus of its goal -economic revitalization through historic preservation. • It was suggested that when applied to the highway business district,the program could be used to make buildings of contemporary/modern design look"historic"or"rustic". These false themes are inappropriate to the spirit and intent of the program - capitalizing on the original design of downtown's traditional commercial buildings to attract investment and customers. • The program had no illustrated design guidelines to graphically communicate its true intent. (Enclosed as Exhibit A are the original Rehab Grant Program Guidelines) Development of Alternative to the Rehab Grant Program Per the EDA's direction, staff conducted extensive research on financial incentive programs for rehabilitation of traditional commercial buildings and districts. This research revealed that the most successful programs are low-interest loan programs with participation from local lending institutions. Staff surveyed the National Main Street Center, the nation's foremost authority on the revitalization of traditional downtown commercial districts, and many communities that have financial incentive programs for downtown building rehabilitation. The survey revealed that the most common and successful program for downtown building rehabilitation is a public-private partnership which consists of a low interest loan program funded by local financial institutions and endorsed by the local downtown organization and/ or local government, accompanied by illustrated design guidelines funded by either the downtown organization and/or local government. In subsequent months, staff met numerous times with local lending institution representatives to determine their interest in developing a low interest loan program targeted on Shakopee's traditional commercial buildings, and to draft program guidelines. All of Shakopee's lending institutions with the exception of TCF have committed to being involved in the Downtown Shakopee Facade Loan Program. Each has earmarked$50,000 for the program, totaling $300,000. Enclosed for your review is Exhibit B, a refined draft of the program guidelines. The banks are currently reviewing this draft for final adoption and implementation. flpmmo.doc Development of Downtown Design Guidelines Regarding illustrated design guidelines, the EDA earlier this year approved a contract with Thomas R. Zahn & Associates to develop downtown design guidelines. The guidelines would direct the use of the Downtown Shakopee Facade Loan Program; all projects seeking funding through the Facade Loan Program must meet the criteria of the design guidelines. Enclosed as Exhibit C, the guidelines are currently under final draft (graphics are being added) and should be ready within the next few weeks. Shakopee's design guidelines will be very similar to the guidelines of Little Falls, Minnesota (enclosed as Exhibit D-for your information). Reinstating the Downtown Rehab Grant Program Should the EDA decide to reinstate the Downtown Rehab Grant Program, staff highly recommends this program be complimentary to (vs. competing with) the Facade Loan Program, and that it be extensively revised so the original intent("preserving and enhancing their[downtown buildings] original design), is strictly adhered to; this would include limiting the use of the program to the B-3 zone /central business district, and incorporating many of the same procedures and elements of the Facade Loan Program, such as requiring that projects meet the downtown design guideline criteria and receive Design Review Committee approval before funding is provided. Budget Impact: The $45,000 that was dedicated in previous years to the Rehab Grant Program was listed in the budget as "designated miscellaneous". For 1999, these funds have been moved to the "contingency" part of the budget. Options: 1. Endorse the new Downtown Shakopee Facade Loan Program; adopt the Downtown Design Guidelines, contingent upon completion, to be used with the Facade Loan Program; and consider reinstating the Rehab Grant Program after the Facade Loan Program has had sufficient time to be implemented and evaluated(at least one year). 2. Endorse the new Downtown Shakopee Facade Loan Program; adopt the Downtown Design Guidelines, contingent upon completion,to be used with the Facade Loan Program and Rehab Grant Program; and direct staff to make necessary revisions to the Rehab Grant Program so it would compliment the Facade Loan Program and adhere to its original intent, to be brought back to the EDA for approval. 3. Endorse the new Downtown Shakopee Facade Loan Program; adopt the Downtown Design Guidelines, contingent upon completion, to be used with the Facade Loan Program; and do not consider reinstating the Rehab Grant Program. 4. Table the matter for additional information. flpmmo.doc Staff Recommendation: • Endorse the new Downtown Shakopee Facade Loan Program; • Adopt the Downtown Design Guidelines, contingent upon completion, to be used with the Facade Loan Program; and • For the Downtown Rehab Grant Program, direct staff regarding the option the EDA wishes to pursue: A.)Do not consider reinstating the Rehab Grant Program until the Facade Loan Program has had sufficient time to be implemented and evaluated(at least one year); or B.)Make necessary revisions to the Rehab Grant Program so it would compliment the Facade Loan Program and adhere to its original intent,to be brought back to the EDA for approval. C.)Do not reinstate the Rehab Grant Program. Action Requested: 1. Offer and pass a motion to endorse the new Downtown Shakopee Facade Loan Program. 2. Offer and pass a motion to adopt the Downtown Shakopee Design Guidelines, contingent upon completion,to be used with the Facade Loan Program. 3. For the Rehab Grant Program, offer and pass a motion directing staff regarding the option the EDA wishes to pursue (A,B or C under"Staff Recommendation"). flpmmo.doc erniair- CITY OF SHAKOPEE Downtown Rehabilitation Grant Program Guidelines and Application CITY OF SHAKOPEE Downtown Rehabilitation Grant Program Program Guidelines Program Intent The Rehabilitation Grant Program created by the City of Shakopee and its Economic Development Authority(EDA) for the Downtown Business District is intended to encourage the preservation and beautification of downtown buildings by enhancing their original character in order to create a more attractive, inviting downtown shopping environment. The EDA shall annually consider allocations from the EDA reserve fund to match private building owner or merchant financing at a ratio of 25% grant money to 75%owner or merchant financing in grant amounts ranging from$2,500.00 to $25,000.00. The grants will be awarded to approved applicants by the EDA based on a review and recommendation from the Executive Director of the EDA or the Economic Development Coordinator. A. Eligible Applicants Any owner or tenant manager(with written consent of the owner) of a commercial building within the downtown district shown in Exhibit A. B. Eligible Projects 1. Grants will be awarded under the Program for the rehabilitation of commercial buildings. A commercial building shall be any building the primary ground floor function of which is retail, service or office use. 2. To be eligible,the building to be rehabilitated; a.)Must be located within the zoning districts identified in Exhibit A. b.)Must comply,after rehabilitation with the City's Comprehensive Plan. c.) Must comply, after rehabilitation with the City's exterior building and sign design standards, as found in Chapter 11 of the City Code C. Eligible Expenditures and Improvements 1. Rehabilitation grants shall not include expenditures for the acquisition, installation or repair of furnishings or trade fixtures. CITY OF SHAKOPEE Page 2 Downtown Rehabilitation Grant Program Guidelines C.Eligible Expenditures and Improvements (continued) 2. Eligible improvements shall be limited to the following improvements: a.)Awnings b.) Canopies c.)Exterior Painting d.) Signage which is incorporated into canopies/awnings e.)Parapet Type Lighting f.) Windows when tied to opening previously covered windows or new windows that improve the energy efficiency and architecturally enhance the appearance of the building consistent with the theme of the restoration project. g.)Enhancement of historical building features, such as Cornice work,tuck pointing, brick work. All work done must meet City Codes, as well as the building in general meeting City Codes. 3. Grant proceeds shall be used for the rehabilitation of existing buildings and shall not be used for the construction of new facilities. However, construction of reasonable additions to existing buildings which,together with other rehabilitation improvements, will enhance the commercial use of the building shall constitute qualifying rehabilitation expenses. 4. The rehabilitation of residential units shall not be allowed under the program. 5. Refinancing of existing debt shall not be allowed under the program. 6. Construction materials, labor(but not owner, applicant or employee labor) architect or engineer fees,building permit and program application fees are eligible program expenses. 7. Grants shall not be made for the acquisition of property. D. Grant Requirements and Restrictions 1. The grant minimum amount shall be $2,500.00 and the maximum grant amount shall not exceed$25,000.00. 2. As part of the grant application,the owner/applicant must have the building inspected for structural soundness by a certified building inspector. The owner/applicant is responsible for all building inspection costs and arrangments. The City of Shakopee does not provide building inspection services for this grant program. The results of the building inspection shall accompany the grant application. In addition,the inspector that performed the inspection must attest to the building's structural soundness under the"Building Inspector Review" section of the grant application. CITY OF SHAKOPEE Page 3 Downtown Rehabilitation Grant Program Guidelines D. Grant Requirements and Restrictions(continued) 3. A completed application, including building inspection results, shall be submitted to the City prior to review of the grant project. The application form is attached as Exhibit B. Grant applications may be submitted only prior to the commencement of the project. Grant applications will not be considered for work which is underway at the time of making or reviewing an application. 4. Professionally done Architectural elevation drawings to scale and color renderings must be submitted by the applicant prior to City review. 5. If an application is approved,the City will notify the applicant so s/he can arrange for loan closing (if applicable)with a financial institution. A copy of closing documents shall be provided to the City. 6. The City reserves the right to deny an application that meets all program eligibility and requirements. If an application is denied,the City shall state reasons for denial in writing. The applicant may resubmit the application with changes. 7. No more than one grant per year may be awarded per parcel. 8. The total aggregate amount of grant funds received per parcel over time shall not exceed$25,000. 9. Grant proceeds will be disbursed to approved applicants when the following has occurred: a. The work has been inspected and approved by city staff. b. When the applicant has submitted lien waivers verifying that said applicant has paid 100%of the project costs. 10. The building improvements must be consistent with the Downtown Building Design Standards. 11. Successful grant applicants must complete their project within 12 months of formal notification of grant award. Projects exceeding the 12 month completion period will forfeit the City's grant commitment unless an extension is submitted in writing and approved by the EDA. 12. Successful grant applicants must enter into a Grant Agreement with the EDA. 13. Project cost over-runs in excess of the approved grant amount shall be the responsibility of the applicant. CITY OF SHAKOPEE Page 4 Downtown Rehabilitation Grant Program Guidelines E. Grant Application Review The Executive Director of the EDA and/or the Economic Development Coordinator will review the proposals and make recommendations regarding funding to the Shakopee EDA after insuring that all grant application criteria are met. The review process will take approximately 30 days. All applicants will be notified in writing of their grant status following final action of the EDA. Exhibit B. CITY OF SHAKOPEE,MINNESOTA DOWNTOWN REHAB GRANT APPLICATION GENERAL INFORMATION Date Applicant Name: Address: Phone: Property Owner Name: Address: Phone: Site Business Name: Address: PROJECT DESCRIPTION 1. The rehabilitation will include(Check as many as apply): ❑ Painting of building ❑ Work on the facade, such as mortar repair,restoration or replacement of architectural features, etc. ❑ Windows-when tied to opening previously covered windows. ❑ Signage when incorporated into an awning or canopy. ❑ Awnings installation or renovation ❑ Awnings will be: _Retractable Stationary ❑ Parapet Type Lighting ❑ Other, Please describe: CITY OF SHAKOPEE,MINNESOTA DOWNTOWN REHAB GRANT APPLICATION Page 2 PROJECT DESCRIPTION (continued) 2. Please indicate the contractor(s)who will be doing the work: Please attach: a.)Copy of building inspection results; b.)Copy of specifications,plans,architectural drawings and color renderings for work to be done,and c.)Cost quotes for materials, labor,architectural fees,building permits,etc. FINANCIAL INFORMATION 1. Estimated project cost: $ 2. Grant amount applying for (25%of total project cost): $ How will the balance of the project cost be paid? Financial Institution Loan: $ Owner Financing: $ ************************************************************************ I hereby affirm all information above is true and correct to the best of my knowledge. I have read and agree to abide by the City of Shakopee Rehab Grant Program Guidelines and the Program's Design Guidelines. Signature Date Please have the following statements completed as appropriate. BUILDING INSPECTOR REVIEW I, , a Certified Building Inspector,have inspected the property mentioned in this application and have found it to be structurally sound. Signature Date Address Phone No. CITY OF SHAKOPEE,MINNESOTA DOWNTOWN REHAB GRANT APPLICATION Page 3 BUILDING OWNER CONSENT (If owner is not applicant) I, Owner of the property mentioned in this application,have reviewed the proposed project with the Applicant and consent to have the work done as proposed. Signature Date .,, _i: \ \ \ L \ _ _ B . A . BOAT LANDING S: 182 HUBER 'ARK . ltlw."05 trianie--1"-W-- .4 ft ar LEVEE DR'SS ;(001010, ktt 11 1 W i I tiallftr � At 1011 °/I X1' *° SW IS is A ■�' 4404104gNS _ POSTWilt."WS* D Pi (' • 40*kid' w I jitfIA 4* -J` **is*** ii-- alit St 11 r r . 111 1 atil 14. o ! IS �© Eri° R 'AI�� . ! LOT TRACT 1 --r.- B TRACT ! ^ ' -- 1110111115" � - ' 1 C ` � LIBRARY A � r'1 Stall 3 1111110/1V WS m• ••••,,•„;:a iss " Laws . % septa% ups Row iT MARKS 111 CHURCH SCHDDL 6 °Sti eli5\ \ CITY OF SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY BUILDING DESIGN GUIDELINES FOR THE DOWNTOWN COMMERCIAL DISTRICT I. BASIC PRINCIPLES The purpose of design guidelines for the downtown area is to protect and enhance the historic character of that neighborhood. The basic principle, in respect to existing buildings, is to preserve and enhance their original design, material and architectural detail, specifically the exterior, and if practicable,the interior. The basic principle, in respect to new or infill construction, is to preserve the unity of scale, material, set-back, roof-line and proportion of window/door space to wall space as shown in the original buildings of the Historic District. II. APPLICATION OF THE GUIDELINES A. The guidelines apply to all buildings within the B-3 Zoning District utilizing the Rehab Grant Program. B. The guidelines apply to rehabilitation, remodeling, addition or demolition, changes of exterior appearance, and new or infill construction when the land, the building, or the work receives financial assistant through the Housing and Redevelopment Authority. C. These guidelines assure property owners that design review will be based on clear, public and uniform standards. Consideration will be given to the amount and quality of original material and design remaining in the building. Consideration will also be given to clear cases of economic hardship or to deprivation of reasonable use of the owner's property. III. THE GUIDELINES A. The Preservation and Rehabilitation of Structures and Material. 1. The original features of a building should not be destroyed. The removal, alteration or covering up of original material or design shall be avoided. 1 a. The original material and design can be determined by physical inspection, old photographs, consultation with prior owners and building records. See the Housing and Redevelopment Authority for assistance. b. In some cases alterations have been made with materials or designs which have become irreplaceable or representative of a unique architectural style or period. Such alterations shall be respected. c. Alterations which have totally removed the original material, but not done with irreplaceable materials or representative of a unique style, may be removed,replaced or covered. 2. Deteriorated features should be repaired rather than replaced. Repairs should maintain the design, texture, material and other appearances of the original. 3. Alterations which conceal the original design and materials, or which are not appropriate for the age of the building, should be removed. Siding, signs, canopies, filler panels, framing, etc. of cedar plank or shakes, unpainted aluminum or metal, stucco, concrete block, ceramic tile, plastic, fiberglass and glass block are examples of inappropriate materials on older buildings. 4. Missing materials or features should be replaced if possible. Replacement should be based on evidence from historic, physical or pictorial sources. Only if evidence for the specific building is not available, may replacement be based on similar buildings of the same age. The replacement material or feature should duplicate the design, material, texture and appearance of the original to the extent possible. 5. Clean original materials as gently as possible. Sandblasting shall not be used, with the possible exception of on metal. Masonry should be cleaned with low pressure water (under 300 psi) and soft bristle brushes. Heat guns or Strep-Eze should be used on painted wood. Chemical cleaners should be tested on a small patch to determine their effect. Test patches should include areas where deterioration or patching is evident. Hydrozo, Diedrich and Tamms products are recommended by the HRA. 2 6. Mortar should be repaired only when there is evidence of water standing in joints or a significant amount of mortar is missing. Replacement mortar should match the color, texture, coefficients of expansion and contraction, and ingredient ratio of the original mortar. Portland cement shall not be used for reappointing. Pneumatic hammers should not be used to remove mortar. Original joint size, method of application and profile shall be duplicated. 7. The original or early color and texture of masonry surfaces should be retained. a. Unpainted masonry should not be painted. It should be sealed with a water proofing which breathes such as Hydrozo or Thoro-Seal. b. Masonry surfaces may have been painted for maintenance or appearance. Paint should not be removed if the building was originally painted,or if the removal will damage the surface. c. Most paint traps moisture inside soft bricks. Special masonry paints should be used. d. Cement based paint or tinted slurry may be used to protect deteriorated masonry. e. The roofing, parapet, cornice, coping, scuppers and gutters should always be inspected, cleaned and repaired before painting or other masonry work. 8. Original window and door openings should be retained. a. New windows and doors should not be opened in original materials,particularly on the major or visible sides of the building. b. Original windows and door openings should not be expanded, reduced or infilled. If a window must be closed, a shutter which can be removed is recommended. c. Original windows and doors should be retained. If the original is gone, or must be replaced, the replacement should closely match original pane, size, mullions, sash and frames. Replacement should completely fill the original opening. Double and triple pane windows are recommended for energy conservation. Wood or painted metal are acceptable materials; unpainted metal is not. 3 B. For Design of Restoration or Remodeling 1. In general, it is expected that buildings will be restored to their original or early appearance. a. All building should be recognized as products of their own time. Remodeling should not borrow designs, materials or colors from other eras. b. When complete restoration to original appearance is not possible, or extensive replacement is not necessary, remodeling for compatibility with the character of downtown should be considered. Removal of flat canopies, window infill or siding, painting bare metal,repainting building to reunify appearance, new signs and new awnings are suggested. 2. In general, it is expected that restoration or remodeling will contribute to the visual unity of the building, neighboring buildings, and the neighborhood. a. Restoration or remodeling should not exclude or isolate portions of the building. The entire front, sides and back should be considered as a whole design. b. Contemporary design for replacements, additions, or remodeling should not be discouraged when such designs do not destroy or cover original material, and are compatible with the building and its neighbors in respect to size, scale, color,material or character. 3. The traditional elements of a commercial building should be retained, restored or replaced. a. The decorative cornice should be repaired and maintained, or replaced if necessary. b. Window sills and hoods should be repaired and maintained. c. Decorative patterns of masonry should be repaired and maintained. d. Windows should fill the entire opening. They were usually double hung with two panes per sash. e. The lintel should be uncovered. It may be the best place for sign. 4 f. Transom panes should be uncovered, inside and out. g. If cast iron pillars supported the lintel,they should be replaced. h. Storefronts should have the largest possible windows area in keeping with the original opening. i. The bulkhead should be no more than about two feet high. Original bulkheads were wood panel, not brick. They may be replaced with wood or painted metal to simulate wood panels. j. The entrance should be recessed, without steps. k. The entire storefront should be set back about 6 inches from the front of the building. 1. The door should be commercial in style and typical for the period. It must open in and out. m. Recommended a water tap for cleaning walks, windows, facades. 4. Historic paint colors appropriate for the age of the building should be used. A common approach to color will enhance the appearance of each building and the character of downtown. At the same time, individuality is preserved through the owner's choice of base and trim colors. a. There is a wide range of historically appropriate colors. See the HRA for assistance. In general, there are three era color preference: 1. Built 1860s-1870s: soft tints of brown, gray, green and blur trimmed with white. 2. Built 1870s-1900s: dark browns, grays, reds, olives, yellows and greens,trimmed in darker and lighter shades of same color or complimentary colors. 3. Built 1900s-1920s: light grays, yellows and browns trimmed with complimentary colors, ivory or white. 5 b. Colors should also be selected to harmonize with neighboring buildings. c. Colors should be used to unify the appearance of the building. No more than a base color, a trim color and an optional detail color should be used. All walls of a building should be painted consistently. d. Bare aluminum or metal doors, windows and frames should be painted. An aluminum cleaner, zinc chromate primer and metal paint should be used. 5. Signs should be consistent with the design of the building and the character of the downtown. a. Signs should not cover up the traditional design elements of a building. b. The size of a sign should be proportionate to the building. As a rule, the area of the sign should be no more than 1.25 square feet fir every front foot. Do not exceed sizes established by City Ordinance. c. The traditional locations for signs are: painted inside the windows or door pane or inside the transcom pane; flush on the storefront cornice or lintel; letters painted or attached directly on the cornice or lintel; mounted flush between the lintel and second floor windows. d. The style, colors, lettering and materials of the sign should reflect the age of the building. Examples may be found in old photographs and surviving signs. See a professional sign painter for advice. e. Contrast between a dark background and light lettering, or vice versa, is more important than size. The lettering style should be chosen for it's legibility. f. Plastic, aluminum and back lit signs are not usually appropriate on older buildings because of their materials, colors, size and style of lettering. The content and logo of corporate and product signs can be transferred to more traditional materials and styles of sign. 6 6. Canvas or treated cloth awnings are recommended where they are compatible with the age of the building and the character of downtown. a. Aluminum or plastic materials and flat, horizontal canopies are not consistent with the appearance of older buildings. b. Colors should compliment the colors of the building and neighboring buildings. Lettering should follow guidelines for signs. c. Awnings should not cover distinctive architectural details or transcoms. However, awnings may be used to cover alterations which are not original to the building. d. Awnings may be fixed or retractable. They should be appropriate to the shape of the window or storefront. 7. Grills, air conditioners and exhaust fans should not be mounted on the front of the building if it can be avoided. They should be incorporated into filler panels and painted the same color as the panel. They should not extend over the sidewalk or entrance to the building. 8. Ceilings are a distinctive architectural feature which should be retained or restored. a. Tin ceilings are often concealed by a dropped ceiling to save heating and cooling costs. Ceiling fans can accomplish the same purpose and are recommended in preference to dropped ceilings. b. Dropped ceilings usually conceal the transcom panes above the display window and entrance. Transcom panes are sometimes cut, pressed, etched, colored or stained glass and should be visible inside and out. Removal of dropped ceilings, at least at the front of the building is recommended when a transcom does exist. c. Window openings and frames are often reduced with filler panels to conceal dropped ceilings. Full opening windows with a black panel between the glass and the dropped ceiling is recommended instead of filler panels. C. For New and Infill Construction New construction means totally new structures, moved-in structures and new additions to existing structures undergoing restoration and rehabilitation. 1. Generally, any new construction should be consistent with neighboring buildings and the character of downtown. a. The important elements of the character of downtown are defined by the following guidelines. b. The reproduction of historic design is recommended only for infill on a small scale or for additions to original buildings. c. Contemporary design for new construction is not discouraged. These guidelines focus on general rather than specific design elements in order to encourage new design compatible with the character of downtown. 2. The height and width 'of the facade should reflect the average proportions of the older downtown buildings. a. Buildings should be two or three storied high but no more than sixty feet. b. Infill should fill the entire width of the lot. c. Horizontally, the building should be massed in increments of approximately 22 and 44 feet. 3. The new facade should be flushed with the sidewalk, or if adjacent buildings are not,then flush to its neighbors. 4. The exterior materials should be brick or stone masonry, similar in color or texture to the older downtown buildings. 5. Infill buildings should reflect some of the detailing of neighboring buildings in window shapes,cornice lines and brick work. 6. The amount of solid wall to window and door openings on the facade should be proportional to that of the older downtown buildings. a. The ground floor should be a transparent store front style, with window size and height similar to that of neighboring buildings. 8 b. The upper stories should have windows of the same general spacing and height to width proportion as those of neighboring buildings. 7. The cornice or roof line should be flat. 9 A DRAFT Exrnan-B TH DOWNTOWN SHAKOPEE '1=1Mailla 1MM SD ' 14A ()PEE 1 .i„,41„_., 11; 1 ii i i FACADE LOAN PROGRAM SPONSORED BY: THE SHAKOPEE DOWNTOWN-FIRST AVENUE REVITALIZATION COMMITTEE AND LOCAL PARTICIPATING FINANCIAL INSTITUTIONS DOWNTOWN SHAKOPEE FACADE LOAN PROGRAM 1999 LENDER LETTER OF AGREEMENT Because of their commitment to the revitalization of historic downtown Shakopee, Citizens State Bank, First National Bank,Marquette Bank,Norwest Bank, Prime Security Bank,and Voyager Bank agree to the creation of the Downtown Shakopee Facade Loan Program. The purpose of the program is to cretae a positive visual image for Downtown Shakopee through encouraging the restoration and preservation of the architectural heritage of downtown's traditional commercial buildings. The Shakopee Downtown- First Avenue Revitalization Committee and City of Shakopee Economic Development Coordinator will act as initiators of applications for the program,providing all forms and guidelines necessary to operate the program. Members of the Revitalization Committee agree to serve on a Design Review Committee and will assume the responsibility for reviewing, inspecting, and approving the exterior design of all projects participating in the program. The Design Review Committee agrees to approve a project's design only if the proposed design is in complete compliance with the Shakopee Downtown Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation. The participating lending institutions established the program at the initial level of$300,000. Each institution will assume responsibility for administering all loans each may make during their participation in the program. In addition, standard lending practices shall be strictly adhered to,with each lender approving loans on an individual basis according to their normal guidelines. However, loans will only be approved when design review and approval has been given by the Design Review Committee. As each project progresses,the Design Review Committee will report back to the lending institution as to the fulfillment of the approved design. Any deviation by the borrower from the approved design shall result in the financial institution withholding payment until the design issue between the Design Review Committee and the borrower has been resolved. If a revised design is approved, all of the lending institutions will be notified and the loan can resume. If a design discrepancy is not resolved the low interest loan will be halted/recalled by the participating lender and a repayment schedule arranged based on current market loan rates. On January , 2000,the anniversary of the loan program,each institution will assess its participation. The assessment will determine the term and allocation for the succeeding year. The program will involve loans of up to $50,000 at a rate of 1/4%below prime* at the loan date, fixed for the first 3 years. Each lender will have the option to lend more than the $50,000 maximum loan amount. Loans will have a maximum amortization of 10 years. When the loan balloon payment comes due at the end of the first 3 years, lenders will rewrite the loan to a seven year variable rate loan with annual adjustments at 1/4%under prime,provided the borrower still meets the normal loan underwriting criteria. The loan standards and design requirements are presented in this application. The signature of the chief officer of each of the participating financial institutions will formally initiate the Down town Shakopee Facade Loan Program. * The prime rate is defined as the highest prime rate as published in the Wall Street Journal on the day the note is executed. LOANAPP.DOC 1 DOWNTOWN SHAKOPEE FACADE LOAN PROGRAM 1999 LENDER LETTER OF AGREEMENT (Continued) Downtown/First Avenue Revitalization Committee John Perry, Chair Citizens State Bank Prime Security Bank Brian Norris, Prsident Richard Theis, President First National Bank Voyager Bank William Traxler,President Gregory G. Hoehn, President Marquette Bank William Laing, President Norwest Bank Michael W. Heil, Assistant Vice President LOANAPP.DOC DOWNTOWN SHAKOPEE FACADE LOAN PROGRAM 1999 PROGRAM OUTLINE Program Participation: Citizens State Bank $50,000 First National Bank $50,000 Marquette Bank $50,000 Norwest Bank $50,000 Prime Security Bank $50,000 Voyager Bank $50.000 Total Program Allocation $300,000 At the end of each year of the program's operation,the participating institutions will assess their participation in the program. This assessment will determine term and the amount of an institution's participation during the next operating year. New lenders will be welcome to participate upon approval by the current lenders. Interest Rate: 1/4%below the prime rate at the time of the loan fixed for three (3)years. Then,the loan will rewritten to a seven year variable rate loan with annual adjustments at 1/4%below prime. Term: Not to exceed 120 months(10 years). Maximum Loan: $50,000 (Each lender has the option to lend more than$50,000) Minimum Loan: $5,000 Eligible Applicants: Property owners and tenants in the designated Downtown Facade Loan Program District Boundary Map located on page_of this application, and page of the Shakopee Downtown Design Guidelines. Eligible Expenditures: Facade Renovation: Including masonry repair, cleaning,repair or replacing cornices and other architectural detail,painting,repairing or replacing traditional storefront elements, including display windows,trim,bulkhead,transom windows, piers, cornices, columns, etc., as specified in the Shakopee Downtown Design Guidelines. Signage: Including removal of old signs, and design,production, and installation of new signs, as specified in the Shakopee Downtown Design Guidelines. Awnings: Removal of old awnings, and purchase and installation of new awnings, as specified in the Shakopee Downtown Design Guidelines. Code Enforcement: Any work specifically required to meet local and state building and use codes. LOANAPP.DOC In order to ensure visible exterior renovation work,the following eligible expenditures may only be undertaken in conjunction with improvements directly affecting the main building facade. Roofing: Repairs to existing roof or installation of new roof. Structural Repair: Including work to bring street level and upper floors to usable condition, and repairing or replacing mechanical systems(plumbing, heating, cooling, and electrical). New Construction: Only appropriate in-fill construction as specified in the Shakopee Downtown Design Guidelines, and only when existing buildings cannot be used. Professional Services: Professional design or architectural services Ineligible Expenditures: • Refinancing existing debt • Non-fixed improvements • Inventory • Equipment(Such as merchandise fixtures, office furniture,telephone equipment, etc.) • Sweat Equity (Payments for applicants' own labor and performance of renovation work.) • Improvements made prior to loan approval • General periodic maintenance • Business payroll LOANAPP.I)OC DOWNTOWN SHAKOPEE FACADE LOAN PROGRAM APPLICATION PROCEDURE 1. Applicant obtains a copy of program outline, a copy of the Shakopee Downtown Design Guidelines, and program application from Economic Development Coordinator's office. 2. Applicant discusses project design with Economic Development Coordinator and/or Design Review Committee. The City Inspection Staff may be called in an advisory capacity. The Economic Development Coordinator and/or Design Review Committee may provide free advice for facade renovation. 3. Applicant receives design recommendations from the Economic Development Coordinator and/or Design Review Committee. 4. Applicant solicits bids for approved work. 5. Applicant submits design plans, drawings,photographs, cost estimates, construction schedule, and completed application to the Economic Development Coordinator. 6. Plans will be reviewed at a meeting of the Design Review Committee. Applicant must attend this meeting. 7. Applicants whose design plans have been approved by the Design Review Committee will be required to sign a Letter of Agreement verifying approval of design plans and stating minimum percentages of loan that must be used for renovation of the main facade. The agreement will be signed before a Notary Public. The Design Review Committee and/or Economic Development Coordinator will notify the lending institutions in writing of the design approval, with a copy of specific design plans going to the lender working with the applicant. 8. Applicant presents the notarized Letter of Agreement to participating lender of his/her choice. (Each lender will designate a specific lending institution representative to work with the program. See attached list of designated representatives.) 9. Applicant meets with lender to discuss financing feasibility. Each lender approves individual loans according to their normal guidelines. Standard lending practices shall be strictly adhered to and lender will be under no obligation to make high risk loans. 10. Applicant begins rehabilitation work upon approval of design plans by Design Review Committee, and approval of loan by the participating lender. 11. Upon receiving a draw request,with current contractor invoices from the applicant,the Economic Development Coordinator or a predetermined Design Review Committee representative will conduct a design review inspection to ensure compliance with the approved exterior design of the project. The Design Review Committee does not assume the responsibility of determining if the amount of the construction draw request meets the requirements of the participating lender. LOANAPP.DOC 1 12. Before applicant can receive a dispersal, a member of the Design Review Committee and/or the Economic Development Coordinator must inspect completed work and applicant must present invoices to the Economic Development Coordinator to verify cost accountability to lender and/ or title company. Contractors must provide lien waivers to Economic Development Coordinator for all work performed. After an affirmative design inspection by the Design Review Committee and/or Economic Development Coordinator,the loan officer overseeing the project will receive from the Economic Development Coordinator a letter verifying design approval, along with an inspection and draw request form, invoices and lien waivers. The lender,upon receiving these documents, will disperse approved funds to borrower. If a project has not followed the agreed upon design plan,the Economic Development Coordinator and/or Design Review Committee member will notify the lender in writing to stop payment on the loan. Design compliance and a continuation of the loan are specifically tied together. If design discrepancies are resolved,the loan will be resumed; if not,the loan is halted. If the borrower anticipates that changes must be made to an approved design,the borrower must notify the Economic Development Coordinator and/or Design Review Committee member so that a review of changes can be made and approval/disapproval given. Approved changes are communicated by the Economic Development Coordinator to the lender in writing. Lenders will not release funds without first receiving from the Economic Development Coordinator: 1.) design approval letter 2.) inspection and draw request form; 3.) invoices; and 4.) contractor lien waivers. 13. All work should be completed within 120 days from date of loan approval or remaining funds will not be dispersed. In the case of special extenuating circumstances,the option of extending this time limit shall rest with the lender. 14. Loan closing costs will be established at the time of application. LOAN STRUCTURE GUIDELINES Minimum Percentage Available for other that must be used approved renovation Amount Borrowed for main facade ** work/purchase $5,000 - $50,000 60% 40% Through the cooperative effort of the six local financial institutions the $300,000 loan program guidelines were established. Property owners requesting funding through the Facade Loan Program are required to follow design criteria as established in the Shakopee Downtown Design Guidelines booklet. These guidelines and the Secretary of the Interior's Standards for Rehabilitation are available to assist and direct in building restoration projects. The Design Review Committee and participating banks will review and may revise the loan program guidelines at the end of each calendar year. LOANAPP.DOC The Design Review Committee reserves the right to amend the loan structure guidelines if in their opinion submitted plans show that the facade can be properly treated at a lower percentage. This decision shall be noted in the Letter of Agreement provided to applicants submitting approved plans. The following lending institution representatives are responsible for handling applications for the Downtown Facade Loan Program: Brian Norris, Citizens State Bank (612)445-8200 Char Jeurrissen, First National Bank (612) 403-0400 Bill Laing, Marquette Bank (612)445-6300 Mike Heil,Norwest Bank (612) 361-4000 Dick Theis, Prime Security Bank (612)403-6400 Greg Hoehn, Voyager Bank (612)496-3902 LOANAPP.DOC DOWNTOWN SHAKOPEE FACADE LOAN PROGRAM LOAN APPLICATION BUILDING INFORMATION Address: Common Name: Historic Name: Original Use: Construction Date: Architectural Style: Historic Designation: Comments: • National Register/Eligible(circle one) yes/no • Shakopee Heritage Preservation Commission/Elibible (circle one) yes/no APPLICANT/OWNER INFORMATION Applicant: Owner: (if different from applicant) Name: Name: Address: Address: Telephone: Telephone: Signature: Signature: Date: Date: LOANAPP.DOC DESIGN CONSULTATION LETTER OF AGREEMENT APPLICANT NAME (please print) I have read and understand the Shakopee Downtown Design Guidelines and Secretary of the Interior's Standards for Rehabilitation, and have viewed and understand the"Storefronts That Sell"video/slide presentation. I agree to comply with all standards of design established by the Shakopee Downtown Design Guidelines and Secretary of the Interior's Standards for Rehabilitation, and approved for my project. I understand that any deviation or disregard for the guidelines on the approved design will result in a stop on the loan. Failure to resolve the discrepancies or have a new design approved will result in a cancellation of the loan with immediate repayment of the loan scheduled. This standard has been approved by the consortium of lending institutions. Signature Date I have consulted with the Economic Development Coordinator. Date: I have consulted with the following architect: Date: Name: Address: Telephone: Attachment: Plans I have consulted with the following contractor and obtained construction cost estimates: Date: Name: Address: Telephone: Attachments: Cost Estimates The proposed design is represented in the Shakopee Downtown Design Guidelines on page LOANAPP.DOC DESIGN CONSULTATION LETTER OF AGREEMENT (cont.) This Design Consultation Letter of Agreement must be signed and notarized. NOTARY AFFIDAVIT The above named applicant,being duly sworn, states that he or she is the person referred to in this application and agrees to abide by all standards of design as set forth in the Downtown Shakopee Design Guidelines,the Secretary of the Interior's Standards for Rehabilitation, and approved for his or her project. Signature of Applicant Date Subscribed and Sworn to before me this day of in the year 19 . Notary Public County of Scott State of Minnesota My commission expires: LOANAPP.DOC DESCRIPTION OF PROPOSED WORK: Please submit the following information: 1. Photograph(s) of the building which show the present exterior form and condition of the structure. Provide an overall view of each facade to be treated, as well as more detailed views of individual areas or architectural detail to be affected(such as: storefront,upper floor windows, or cornices). Black and white or color prints, snapshots, slides or instant prints are acceptable. 2. Plans and elevations of the buildings which illustrate all proposed exterior work. This includes any structural work and/or repair, facade renovation,paint colors, awnings, signage, etc. (Economic Development Coordinator and Design Review Committee can provide free design assistance for signs, facade, and storefront renovation projects). 3. A description of the methods and materials to be used in all proposed exterior work and how this will affect the historic architecture of the building. Please use the forms provided and include such items as methods of exterior cleaning, cleaning agents to be used; mortar color,texture, and consistency, and paint type (oil or latex), color, etc. 4. Itemized cost estimates and work schedules for entire project. Please organize these estimates on the provided sheets to show amounts to be spent for facade renovation, purchase,roofing,etc. PLEASE RETURN OR MAIL THIS COMPLETED FORM AND ATTACHMENTS TO: Economic Development Coordinator/ Design Review Committee 129 Holmes Street South Shakopee,MN 55379 LOANAPP.DOC Project/Building Name: Date: METHODS AND MATERIALS Work Category: Repointing Exterior Masonry Methods to be used: Materials to be used: Cost of work: $ Schedule of work: Contractor(Who will do the work): LOA.NAPP.DOC Project/Building Name: Date: METHODS AND MATERIALS Work Category: Exterior Painting Methods to be used: Materials to be used: Cost of work: $ Schedule of work: Contractor(Who will do the work): LOANAPP.DOC Project/Building Name: Date: METHODS AND MATERIALS Work Category: Upper Floor Windows Methods to be used: Materials to be used: Cost of work: $ Schedule of work: Contractor(Who will do the work): LOANAPP.DOC Project/Building Name: Date: METHODS AND MATERIALS Work Category: Storefront Renovation Methods to be used: Materials to be used: Cost of work: $ Schedule of work: Contractor(Who will do the work): LOANAPP.DOC Project/Building Name: Date: METHODS AND MATERIALS Work Category: Repair Architectural Details Methods to be used: Materials to be used: Cost of work: $ Schedule of work: Contractor(Who will do the work): LOANAPP:DOC Project/Building Name: Date: METHODS AND MATERIALS Work Category: Awnings Methods to be used: Materials to be used: Cost of work: $ Schedule of work: Contractor(Who will do the work): LOANAPP.DOC Project/Building Name: Date: METHODS AND MATERIALS Work Category: New Signs Methods to be used: Materials to be used: Cost of work: $ Schedule of work: Contractor(Who will do the work): LOANAPP.DOC Project/Building Name: Date: METHODS AND MATERIALS Work Category: Other Proposed Renovation Work Methods to be used: Materials to be used: Cost of work: $ Schedule of work: Contractor(Who will do the work): LOANAPP.DOC COST ESTIMATES AND WORK SCHEDULE -SUMMARY- WORK CATEGORY: EXTERIOR FACADE Work Schedule Type of Work Cost Estimate Date: From- To Cleaning Exterior: Repointing Masonry: Exterior Painting: Upper Floor Windows: Storefront Renovation: Repair Architectural Details: Awnings: Signs: Other: Total Facade Renovation: (Total amount should equal amounts on pages .) WORK CATEGORY: NON-FACADE Cost Estimate Work Schedule Date: From- To Roofing: Structural Repair(specify): Mechanical Systems (specify): Code Requirement(specify): Building Purchase: Other: Total Non-Facade Cost: (Total amount should equal amounts on page .) TOTAL PROJECT COST: LOANAPP.DOC DOWNTOWN SHAKOPEE FACADE LOAN PROGRAM APPLICATION REVIEW FORM Date Application Received: CHECKLIST: CHECK DATE COMPLETED Meet with Economic Development Coordinator Read Shakopee Downtown Design Guidelines Read Secretary of the Interior's Standards for Rehabilitation View"Storefronts that Sell"video/slide presentation Design Agreement Form completed and signed Adequate Photographs submitted Adequate drawings and plans submitted Methods and materials explained adequately Cost estimates presented adequately Date Reviewed: DESIGN REVIEW COMMITTEE ACTION: Approved Returned for additional information or revision Not Approved REASON FOR RETURN OR NON-APPROVAL: Any application not approved may be revised and resubmitted for approval. Date: Downtown Shakopee Design Review Committee Representative LOANAPP.DOC DOWNTOWN SHAKOPEE FACADE LOAN PROGRAM INSPECTION AND LOAN DRAW FORM TO: FROM: DATE: SUBJECT: I have inspected the Facade Loanproject located at The work completed to date on the facade of the building is in compliance with the plans approved by the Downtown Shakopee Design Review Committee. The loan recipient, is authorized to draw from the loan funds in the amount indicated below: Total Loan Approved: $ Total Amount Drawn To Date: $ Total Approved for This Draw: $ Total Funds Remaining: $ The following Receipts/Invoices have been included in this draw: Project Inspector Signature: LOANAPP.DOC E.tw'air City of Shakopee Downtown Design Guidelines Prepared for The City of Shakopee And the Downtown/First Avenue Revitalization Committee Thomas R. Zahn &Associates Fall 1998 Credits A special thanks to the City of Red Wing and Miller-Dunwiddie-Associates, Inc.who developed the Red Wing Downtown Preservation Design Guidelines,the City of Faribault who developed the Faribault Downtown Design Guidelines, the City of Little Falls who developed the City of Little Falls Downtown Design Guidelines, and the Minnesota Department of Trade and Economic Development which developed the Main Street Program Downtown Revitalization Action Guide. Historic photographs included in this report are from the collections of the Minnesota Historical Society, the Scott County Historical Society, the City of Shakopee,and the private collection of Michael C.Huber. The City of Shakopee Downtown Design Guidelines Prepared for the Shakopee City Council and Economic Development Authority Mayor4Brekke (We may want to get formal names for the title page) EDA President,Cletus Link Deb Amundson Jane DuBois Robert Sweeney tt Preparewith the support of the Downtown/First enue Revitalization Committee Jane DuBois John Gutteter Mark Kuechenmeister John Perry John Roach Patrick Stirrers- S ok"e r5 Carol Schultz Paul Snook Bill Wermerskirchen City Staff Mark McNeill,City Administrator Paul Snook,Economic Development Coordinator Prepared by ' Thomas R. Zahn&Associates Thomas Zahn,Project Manager Kenneth Martin,Design Associate Steven Mueller,Research Associate Table of Contents Preface Downtown Map Introduction Preservation in Shakopee Planning for Rehabilitation Financial Incentives for Building Owners Basic Architectural Design in Shakopee Storefronts Historic Building Types in Shakopee Historic Building Styles in Shakopee Building Maintenance and Guidelines Masonry Wood Metals Other Materials General Storefront Design Considerations Windows and Doors Architectural Details Paint Colors Signage Rear Entrances New Downtown Construction Applying the Guidelines to Shakopee'Buildings Appendix A-Secretary of the Interior's Standards Appendix B-Public Signage Preface The City of Shakopee is pleased to present the Shakopee Downtown Design Guidelines. This publication provides building preservation and rehabilitation information for owners of property located within downtown Shakopee. One of Downtown Shakopee'greatest resources is its unique concentration of historic and architecturally interesting buildings. This publication is designed to demonstrate how using guidelines can often uncover and preserve a building's hidden historic or architectural value. 4 The City of Shakopee staff have answered many questions from property owners about improvements or repairs to their buildings since the formation of the Downtown/First Avenue Revitalization Committee, ranging from the proper treatment for doors and windows,awnings,and signs,to painted or deteriorating masonry.The written guidelines and visual examples within this guidebook are meant to aid those desiring to reuse or recycle an historic property.The illustrations,comprehensive in nature,represent the ideal.At times,because of financial constraints,an owner may incorporate only part of the plan or undertake long- term phasing of the plan. This guide is part of a continuing effort to encourage downtown building improvements.It provides information on programs designed to encourage the rehabilitation and preservation of Shakopee's commer al arcfiite Lure: e city also has available for preservation assistance"Preservation Briefs"`and "Preservation Tech Notes"-)from the National Park Service,U.S.Department of the interior:Additional 'ograms and financial assistance may be available.For more information,contact the City of Shakopee i Economic Development Coordinator at 612-496-9661. i t �' d Introduction `! i h9 r.. The City of Shakopee has served as an important crossroads in the Minnesota River alley for over one hundred and fifty years. In 1835,English globetrotter George W. Featherstonhaugh,was the first to record visiting the site. He found that there was a Sioux American-Indian village consisted'of 17 large teepees called Shakpay at the location (it means'Six'in the language of the Sioux).The village was named after the chief of the band. A steamboat on a sightseeing tour became the next visitor.Travelling up the Minnesota River in 1842, it stopped to view the American-Indian community.Two years later,Alexander Faribault, the well-known trader/adventurer(and after whom the present city of Faribault is named),became the first person of European descent to build a house within the limits of present day Shakopee.The removal of the American-Indians through the Treaty of Mendota in 1851 opened the way for more pioneers to settle. Population growth was rapid. It was the farthest point up the Minnesota River to which large riverboats could travel.This gave the site a natural advantage.It could connect the rich farming lands of the upper river valley with the network of rivers making up the Mississippi River basin, and through it to some of the nation's largest cities and their markets.A man from Pennsylvania by the name of Thomas A. Holmes,who had already become known for helping create several cities in Wisconsin and Minnesota,formally established the town site of Shakopee in the spring of 1851.Two years later he began the community's first river ferry service (it landed at the foot of Cass Street), and became the town's first postmaster as well. The downtown street of Holmes in Shakopee is named in his honor.Riverboat traffic increased and became a regular service,by which time the`downtown'boasted of three hotels.Finally,in that same year of 1853, Shakopee was selected to become the County Seat of the newly created Scott County.In the eyes of its citizens and neighbors,the small town of Shakopee was the metropolis of the Minnesota River valley. The emerging downtown lay near the river. Steamboats arrived almost every week during navigation season,bringing merchandise and visitors.A stage coach line soon began operating between Saint Paul and Mankato,passing through Shakopee.A prominent courthouse,churches, and schools were quickly built.Just after the Civil War,the Minnesota Valley Rail Road Company began service,giving Shakopee direct overland connections to cities as far away as Omaha, Saint Louis,Milwaukee, and Chicago.A bridge over the Minnesota River was opened in 1880.These transportation links helped local business thrive. Downtown hotels,saloons,bakeries, dry goods stores,newspaper publishers,and an opera house,were some of the establishments that catered to the many visitors and others who were'just passing through.' Another downtown business that flourished was Minnesota's first pharmacy—Strunk Pharmacy, established in 1857 (and by 1879,it was one of only four places in Shakopee with a telephone).After the turn of the century,Street Fairs were held on Lewis Street and First Avenue,featuring parades,high wire performances, acrobats, and comedy acts.Even the President of the United States,William Taft,paid a brief visit in 1911.Downtown Shakopee prospered—but it never lost its wholesome small town atmosphere. Over time, downtown Shakopee went through many changes.People who formally patronized its businesses began shopping at malls.The downtown suffered.In response to this competition,owners altered their downtown buildings to appear more fashionable or up-to-date.The attempt to attract customers in this manner had unfortunate results. Storefronts were covered with modern materials,such as aluminum siding,board and batten, and perma-stone.Alterations were often done only to the lower level,leaving the upper story untouched.Not only was the original charm and character of the buildings injured in this way,but also maintenance problems arose that had not existed before. In recent years,the appreciation for the history and charm of the American small town has grown. Shopping malls have lost their novelty, and are often seen as symptoms of urban sprawl. Downtown Shakopee remains unique; an heirloom that can be found nowhere else. By using its distinct atmosphere as a resource, downtown Shakopee could attract tourists and others who are seeking a shopping experience different from that which a trip to a mall can provide. Convenience and economy are important. However, the downtown atmosphere of history,culture, community, and personal service can offer a friendly alternative to the dehumanized feeling of a mass- market mall. Historic buildings and an afternoon of window-shopping are seen as attractive by as wide variety of people. This doesn't mean that everyday shopping can't co-exist with tourism generated uses. Bakeries,hardware and drug stores are important and can be viable businesses in the downtown, as well as antique and other specialty shops. Downtown Shakopee represents an opportunity to recycle historic buildings and create a new use for an important community resource.These guidelines will assist in the proper maintenance and rehabilitation of the downtown's historic buildings.They also address the importance of making any new structures compatible with the general character of the downtown. These guidelines are only a beginning.The literature and expertise that exist in the field of historic preservation and rehabilitation are substantial.Further research and consultation is encouraged to address individual needs.The City of Shakopee through its Economic Development Authority is ready to help downtown property owners find the best solutions to their rehabilitation and preservation needs. Given care and commitment,downtown Shakopee can remain as valuable for the future as it has in the past. Building Project Categories (Where possible we should include local examples @y historic name or address];in the text of the following categories) Like the Commercial District's historic structures, each downtown building project is unique and full of hidden dimensions. However, most work falls into one of the following categories: Preservation—For buildings that have experienced little change through time Preservation is essentially retaining and properly maintaining the existing historic aspects of a building. Buildings that retain and reflect the historic character of the district serve as the backbone among new and altered structures. It is impossible to overstate the importance of maintenance.As buildings weather, deteriorate, age, and erode, maintenance is easy to postpone.Simple preventative measures such as caulking windows,repainting exposed and worn surfaces,and guarding against water leakage are time proven money savers. Restoration—For buildings that have architectural significance but have gone through some change Shakopee has many buildings that are historically and/or architecturally significant,but have been altered. Restoration is the process of returning the structure to its original appearance.Restoration,however,does not imply the creation of a precious museum piece.The structure must have an economically feasible use in order to justify restoration. Renovation—For buildings that have been modified extensively Many buildings benefit from some degree of renovation using modern materials and techniques that convey the character of missing original features.But it is important to preserve the integrity of an aged building. Renovation often involves the undoing of previous generations of maintenance such as removing layers of old paint,peeling off applied wood siding,and uncovering original floors.This process involves stripping away one or more layers of"modernization." Recycle—For buildings that have outlived their original use New uses can be found for single purpose older buildings. Railway stations,warehouses,hotels, and banks are all examples of single-use structures.Here,the challenge is to recycle buildings,whose original use is obsolete,by finding new uses that add to the economic vitality of the downtown. Redesign—For buildings that are basically sound but do not enhance the streetscape Inevitably there will be a certain number of buildings that are basically sound but do not enhance the historic character the city wishes to express.These buildings can be redesigned to support the historic district.There is often much latitude in the redesign of such structures.However,it is important that the new facade appear appropriate and compatible in the context of the overall streetscape. Demolition—For buildings that are structurally unsound or visually intrusive In some cases,renovation is no longer a cost-effective solution for a neglected building.When a building has outlived its stability and purpose,demolition may be justified.In such cases,opportunities for the creation of open space,off-street parking and/or new development should be carefully studied.Any contemplated new use should be designed to complement the character of the streetscape. New Construction—For filling gaps in the streetscape An important element in a historic district is the quality of infill construction.The desired effect of new construction in a district is to complement existing structures.It is important that new construction not be allowed to dominate or overpower its more historic neighbors.Its basic design elements (size, mass, material,color) must be compatible with surrounding structures.These guidelines will suggest ways of achieving this. Planning for Rehabilitation Evaluate Your Building Look closely at your building. It's often clear to see where changes have been made. Look at similar buildings along the street that may not have had major alterations. Look for historic photographs. The downtown area is photographically well covered in the book titled Shakopee Scrapbook, and additional photographs may be found at the Minnesota Historical Society and the Scott County Historical Society. Search through storage areas, basements, and attics for missing facade elements. Set A Budget Once you have a good idea what your building looked like,you will need to decide what you can afford to do about it. Don't feel that you have to do everything at once.While your plan should reflect an overall approach,you may want to complete the actual work in phases.Keep in mind that there are potential sources of assistance,such as those available through the Shakopee Economic Development office. Federal tax incentives, accelerated depredation, or tax credits may also be available and should be explored as part of your budget planning. Decide On an Approach The previous section described six typical facade improvement options.Your project may fit into one of these categories or it may straddle categories.Let your budget and your building be your guides.Pay special attention to the impact of your plans on neighboring buildings and on the whole streetscape. Apply the Design Guidelines The Design Review Subcommittee of the Shakopee Downtown/.First Avenue Revitalization Committee is responsible, through the Downtown Facade Loan Program,fofr preserving and enhancing the historic character of the Downtown District and in that capacity holds design review authority over building 1 improvement projects that utilize funds from the loan program. The design guidelines in this book cover most of the issues likely to arise in the course of facade /remodeling.They are intended to illustrate the kinds of renovation approaches and details most likely to / secure Design Review Subcommittee approval.The Design Review Subcommittee will be able to give you additional guidance in special situations. Remember that the goal is promote and to preserve the historic .___character of the downtown district. L.4-0 Complete Design Review Application fBefore a Facade Loan Program application will be considered for approval by a participating financial institution,the Design Review Subcommittee must approve the proposed design changes.A program application, including design plans,will be reviewed at a meeting of the Design Review Subcommittee, Economic Development Coordinator and applicant.If the submitted application and design plan are approved, a Design Consultation and Agreement form will be completed by the Economic Development C'�1 j Coordinator,signed by the applicant and notarized.The signed and notarized Design Review Consultation and Agreement form is required in order for Facade Loan Program applications to be considered. e following information is required in the program application form: ( i (Building Information eX�,r /The address, common name,historic name,original use,construction date,architectural style,and historic designation (if any) Project Information • A current photograph of the exterior sides of the building or site where the work will take place • A scaled elevation drawing illustrating the proposed alterations. • A site plan (if new construction) • A description of the methods and materials to be used in all proposed exterior work and how this will affect the historic architecture of the building. r d t ki l I The Design Review Process The Design Review Subcommittee will notify the lending institutions in writing of the design approval, with a copy of the program application and specific design plans going to the lender working with the ;i applicant. The applicant presents the signed and notarized Design Review Consultation and Agreement form to participating lender of his/her choice. Financial Incentives for Building Owners Tax Increment Financing Tax Increment Financing (TIF) uses the increased property taxes generated by new real estate development or redevelopment within a tax increment financing district to pay for certain eligible costs associated with the development. The value that is "captured" (i.e., the increase in value over the year the TIF district was established) generates property taxes. These "incremental" taxes are used to subsidize eligible development project costs such as building rehabilitation,public and site improvements. \ The Shakopee Economic Development Authority(EDA) has established a tax increment financing project i area that includes the downtown. Thus, the increased property taxes generated by new development within a tax increment financing district that is established within the TIF project area may be used to pay for certain eligible costs associated with the development. For example, tax increment financing was \ utilized for downtown streetscape improvements, and in the.11loeks-3 &-4-4. River City Centre redevelopment project. \.1\ / / Downtown Shakopee Facade Loan Program 2 r% 1 The Downtown Shakopee Facade Loan Program was established by the Downtown/First Avenue IRevitalization Committee and the Shakopee banking community to provide low interest funding incentives 1 to promote and improve economic growth and development,to preserve historic and existing buildings, I and to revitalize the historic downtown area. The program consists of special reduced interest loans and exterior design assistance.Participating financial institutions agree to allocate an investment fund from which loans are available at a low interest rate; considerably lower than what is available through conventional financing. Program criteria require that an eligible building must be located within the downtown district I g as delineated in the Downtown Design Guidelines,and must be a traditional commercial structure or a mixed-use structure partially utilized as commercial.In order to ensure visible renovation/restoration work, all'projects must adhere to the Downtown Design Guidelines criteria,and involve improvements directly affecting the main building facade.The program can be used to preserve and restore historic buildings, add signage and/or install awnings. Historic Preservation Tax Credits Historic Preservation Tax Credits are available to building owners interested in substantially rehabilitating old buildings. Income-producing,non-residential buildings constructed before 1936 qualify for a 10% investment tax credit. z� / 7,41 ' emi el 0-7 If in the future,a downtown Shakopee district is listed on the National Register of Historic Places, "contri,utin: historic buildings located within that district could qualify for a 20%investment tax credit. Facade Easement ough the Preservation Alliance of Minnesota, a building facade can be donated to the organization and leased back to the building owners to provide preservation tax benefits.The program is most beneficial for buildings requiring major investment. (historic �1 yGJ c �� National Trust Preservation Loan Fund The National Trust for Historic Preservation issues grants to increase the flow of information and ideas in the field of reservation, stimulate public discussion, enable local groups to gain the technical expertise needed fo articular projects, introduce students to preservation concepts and crafts, and encourage participat n by the private sector in preservation. Basic Architectural Design in Shakopee Despite the long history of Shakopee,major commercial development began only after the growing local industry could take advantage of the economical overland transportation the railroad provided.Together, the community became a wholesale and distribution center of regional importance. By the early twentieth century,the City of Shakopee was home to several large banks,newspaper publishers,insurance firms,law firms, and a collection of regional retail establishments.Most of the notable downtown building was from the 1870s to the early twentieth century.Although styles changed many times, a limited number of building types were used.These types transcend styles and can be an important basis for new construction built within the district. Storefronts The most important feature of Shakopee'commercial buildings is the storefront.An emphasis on transparency is created by the use of thin structural members framing large sheets of plate glass.The large windows display merchandise and facilitate window-shopping.Below the display windows are base panels called bulkheads made of stone,wood or metal.The entry door is recessed.This provides cover and avoids disturbing the sidewalk traffic.The recessed door also visually draws customers into the building.Above the entry door and the display windows,and separated by a structural member,is the transom.The transom allows natural light into the store which originally did not have sufficient artificial light. Often transoms were made of frosted or small glass panels.A cornice caps the storefront.The storefront cornice, often similar in design but smaller than the primary cornice that crowns the building,creates a visual separation between thvits: d ,*, of the building. /oat 7 N/G�e/- Additional elements may also exist on a building's facade.These include awnings,window hoods,brackets, and columns.These elements are used to emphasize the lines and shapes of the facade.Awnings were used extensively in the original designs to provide protection from the elements,to advertise the business name, and to add color and interest to the historic streetscape. AtiA41 . , if/ /- / re, Historic Building Types in Shakopee Gere again we need local examples) The Boomtown Block Boomtown architecture refers to the 1-2 story,woodframe commercial buildings built in the late 19th Century,which lack the detailing of a formal style.The Boomtown type usually has a false front upper- facade,which conceals the true roofline, giving the building the appearance of more mass, epitomizing the minimum of style, and the maximum of utility.An excellent example of this generic construction type is the ? ' The Two-Part Commercial Block The most common building type in Downtown Shakopee is the two-part commercial block.This building type,ranging from two to four stories,has a distinct separation between the first level,or public space,and the upper stories,or private spaces.The lower level of this building type is generally commercial in nature: a store,restaurant,hotel lobby,etc.The upper level is generally private in nature: living quarters,offices, meeting rooms,etc.This commercial block type,dating from Roman antiquity and common during the late middle-ages,was prevalent in the United States from the 1850s to the 1950s.A good example of this building type is ? Historic Building Styles in Shakopee Buildings of a similar type provide continuity for the downtown. Differences in style create visual variety and help to distinguish one building from another.These differences result from what was popular at the time of construction, the use of the building, or the whim of the designer,builder,or owner. Learning about the style of one's building can help answer many preservation questions, including those about original treatments, color schemes, and what should replace missing elements. The majority of the historic buildings in Downtown Shakopee were constructed during the 1870s through the 1910s. During this time most commercial buildings in smaller communities throughout the United States were a derivation of the Italianate style. Common elements distinguishing this style are large, heavily bracketed cornices,decorative window hoods,and semicircular or segmental arch-headed windows.Although high-style examples exist,most Italianate commercial buildings were essentially- vernacular,meaning they were constructed in a locally accepted method and form, on which standard (and sometimes prefabricated) decorative elements were placed.If restored,the 2, would be a fine example of the Italianate vernacular in Downtown Shakopee. — Atoi'de -� While there are no pure examples of the Ro esque Revival Style in Downtown Shakopee,the Flahert and Lies Building,built in 1899 at th- sou - orner of First Avenue and 2, does have several traits of this style.This style's name came from the extensive use of the rounded arch in early Roman construction.The American architect Henry Hobson Richardson in the mid-nineteenth century began using heavy masonry construction and rounded arches.The style quickly developed throughout the country, especially in the constructionof warehouses and office buildings.This style was primarily built in brownstone or brick. . deaf The Philadelphia Centennial Exhibit of 1876 led to a renewal of interest in our country's past and in the development of a national architectural style.This,and the increased influence of the Ecole Des Beaux Arts of Paris on American architecture,developed into the Classical Revival Style.This was a popular style throughout the country from the 1890s to the 1920s.The main characteristic of this style is a more academically correct use of classical forms including cornices,columns and pilasters,and porticos,etc.An example of Classical Revival architecture in Shakopee is the Gia /te,4da147 Like �tf pi(r4 k lePpdp-. • 10,1 �1 Building Maintenance and Guidelines . /1/-01 s a� Masonry 7 Masonry is the most popular construction material in downtown Shakop e. Brick, stone, and to a more limited extant, stucco and concrete block are widely used as structural an exterior finish materials.The city was fortunate in having three brickyards, manufacturing the attractive ellow bnc and on many of the downtown buildings. Brick itself is a very durable,strong and attractive material ranging in color from dark red to pale cream.Locally quarried stone is also a common material in downtown Shakopee. Its strength and rugged beauty are its chief assets.Concrete block and stucco are a rare andrecent addition to the district, and the use of these materials in new construction and in work on historic buildings is not recommended. Moisture Masonry should be checked regularly for moisture penetration.Moisture can enter masonry through leaky roofs,gutters or down spouts,poor drainage, or a condition known as rising damp. Rising damp occurs when moisture is drawn up from the ground through brick by capillary action. Tuckpointing Repair masonry walls and other masonry features by repointing the mortar joints where there is evidence of deterioration,such as disintegrating mortar,cracks in mortar joints,loose bricks,or damaged plaster work.Remove deteriorated mortar by carefully hand-raking the joints to avoid damaging the masonry. New mortar joints should match the original in style,size,mortar composition, and color. It is especially important to repoint with a mortar of the same hardness as the original,usually two parts sand to one part lime-with up to 20 percent of the lime combined with cement.Harder modern mortars with a high content of Portland cement will resist the warm weather expansion of the brick, causing cracking and spalling of the brick surface. In cold weather this same inflexibility may cause cracks to open up as the historic bricks contract. Cleaning Although cleaning masonry can have a dramatic impact on the appearance of a building,it should nevertheless only be done to halt deterioration, and not merely to attain a'new'facade. Cleaning generally requires knowledgeable cleaning contractors.The City's Economic Development Authority office and State Historic Preservation Office keep a list of qualified cleaning contractors who operate in the state. (Paul you can get this from Charles Nelson). Whether owners hire professionals or decide to clean the masonry themselves,bear in mind that masonry should always be cleaned by the gentlest possible method.In many cases low pressure water washing(no more than 220 psi),together with scrubbing with a natural bristle brush may be sufficient. If paint or heavy grime must be removed,a chemical cleaner may be required.There are a wide range of chemical cleaners available and a qualified cleaning contractor should be consulted to evaluate your building and recommend a treatment.Whatever treatment is selected,a test patch should first be tried and allowed to weather for a few weeks or months.If the results of the test are satisfactory and no damage is observed, it should be safe to proceed •void sandblastin:. andblasting is especially harmful to brick surfaces, eroding the hard outer layer o expose a softer,more porous surface that will weather rapidly. You should be aware that sandblas ' g will disqualify a project from consideration when applying for federal tax credits. ptl24 _CR/eS Jt r_ (e "441/424440e4(4.41 490•Plf /(4611 i;n0t1A44.ed 4441,- /11"-€46 'get fit' ikeed>4ri,l•�.1 Painting In general, exposed masonry should never be painted.Unless the surface was painted from the beginning, as was sometimes the case with very soft brick,cleaning and tuckpointing of the masonry is always preferable.A previously painted surface should be chemically cleaned.Only if chemical paint removal proves impracticable (due to a cementitious paint coat, for example) should previously painted brick or stone be repainted. References The following publications contain more detailed information about masonry. 4-4 Preservation Brief#1 ` The Cleaning and Waterproof Coating of Masonry Buildings ) J�` 4 ` reservation Brief#2 eps 4- Repointing Mortar Joints in Historic Brick Buildings Preservation Brief#6 Dangers of Abrasive Cleaning to Historic Buildings 4.0411eifi Introduction to Early American Masonry: Stone,Brick,Mortar, and Plaster by Harley J.McKee,FAIA., National Trust/Columbia University Series on the Technology of Early American Buildings Vol I.New York Masonry: How to Care for Old and Historic Brick and Stone by Mark London,Preservation Press, Washington D.C. Wood One of themost popular building materials in the district is wood,due to its structural flexibility, economy, and strength. Storefronts,cornices,brackets,and other decorative facade elements were often made of wood.These original exterior woodwork elements should be retained wherever possible. Regular maintenance will prevent deterioration. Check periodically for soft,rotted areas,splits,dampness,and pest infestation.Renailing,caulking,and filling can usually repair damaged or decayed sections.Epoxy pastes and epoxy consolidants can also be very effective in repairing even seriously rotted wood. DO NOT caulk under individual siding boards or windowsills-this action seals the building too tightly and does not allow the building to`breathe Keep all surfaces primed and painted to prevent wood deterioration from moisture.If a new coat of paint is necessary, it is vitally important to clean the wood before any work is done.Remove dirt with household detergent and water to allow new paint to adhere to the wood.Hand scraping and sanding is recommended for removing damaged and deteriorated paint.Only in extreme cases should all paint down to the bare wood be removed,such as where the paint has blistered and peeled.Use electrical hot air guns on decorative wood features and electric heat plates on flat wood surfaces when additional paint removal is required. Chemical strippers may be used to aid in the cleaning process-be certain to follow directions to thoroughly neutralize the chemicals after use,otherwise new paint will not adhere to the surface.When painting,use an oil-based primer followed by two final coats of oil-based paint. A good carpenter or millwork shop may reproduce severely rotted or missing pieces.Try to match or at least complement the existing details when replacing woodwork.It is a good idea to remove vegetation that grows too closely to wood. References The following publications contain more detailed information about wood. 91-00) ' ..., /Of/ k- Preservation Brief#10 Exterior Paint and Problems on Historic Woodwork Respectful Rehabilitation-Answers to Your Questions About Old Buildings by the Preservation Press, Washington D.C. Metals Cast iron, bronze, brass, copper and sheet metal are used in ornamental and practical roles in the district's historic buildings. Intricate detail was reproduced in cast iron or stamped sheet metal as an architectural ornament at low cost,while practical hardware such as fences, gutters,down spouts,structural supports and roofing were done in metal as well.The decorative or utilitarian components in metal give buildings their human scale and liveliness. These architectural elements are essential to the character and appearance of your building.They should not be removed unless absolutely necessary. Cast iron was used extensively for storefront columns and window lintels and is quite permanent.A sound paint coat is essential,though,to prevent rust and corrosion. Chemical treatment or low-pressure dry grit blasting (80-100 psi) may remove rust or paint buildup.If parts are missing,they can be reproduced in fiberglass or aluminum using existing pieces to make a mold. If the missing pieces are relatively free of ornamental detail,wooden pieces might be substituted. Pressed or stamped sheet metal was most often used to create the sometimes very elaborate cornices that crowned many 19th-century commercial buildings.This thin metal cornice was typically nailed to a wooden framework attached to the building. Stamped metal ornamentation may be of sheet copper,which requires no surface protection,or of sheet iron,usually coated with zinc or lead to retard rusting. Galvanized or lead-coated sheet metal should always be kept painted.If stamped metal is to be cleaned,a chemical paint remover should be used.Dry grit blasting,while usually safe for cast iron,should never be used on the thinner,more flexible pressed metal. A sheet metal shop can often make reproductions of missing pressed metal ornaments.In some cases, pressed metal decorative items,stamped in the original molds,are available commercially. 'Ilt.'". 1 All metals requiring painting should first be primed with a commercial metal primer,followed by two finish coats of oil-based paint. References The following publications contain more detailed information about metals. 1 Preservation Brief#13 — 5144\ rj A' The Repair and Thermal Upgrading of istoric Steel Windows Metals in America's Historic Buildings: Uses and Preservation Treatments by Margot Gayle,David W.Look, AIA,and John G.Waite, Government Printing Office,Washington D.C. Other Materials Several buildings in downtown Shakopee have been covered with other materials to modernize their appearance or limit the necessity for maintenance.Aluminum siding and stucco are common examples. The materials often obscure important details or cause them to be removed,such as cornices,window trim,or the storefront as a whole.They frequently can cause or intensify internal structural problems, and they reduce the visual interest of a complex wall surface. The loss of original detail is the most obvious problem encountered with synthetic sidings.An impervious layer of siding can allow serious decay or insect damage to go unseen and unchecked as well. Moisture from condensation or interior water vapor can rot wooden materials or damage masonry in the wall.The energy savings and maintenance cost effectiveness of aluminum and artificial stone are also subject to question. Synthetic sidings by themselves provide very little insulation,and the ongoing maintenance and painting required after the surface has begun to degrade can be costly. Synthetic siding should not be applied to buildings in the Historic District/Wherever possible, such aterials should be removed in the course of maintenance and improvements to properties. �keferences The following publication tcontains(m,�oAree detailed information about substitute siding materials. ,477,,,,s_ Aluminum Preservation Brief#8 G4 (I�"'" '+ �p�� ,�" - Aluminum and Vinyl Siding on Historic Buildings ���C " WikbAil General Storefront Design Considerationsihit41;k611/6011-1/�� G Whether restoring a storefront or considering a more contemporary treatment,your plan should be based on a traditional storefront design.One characteristic of the traditional commercial facade is a well-defined frame for the storefront.This area is defined by a pilaster or pier on either side,the sidewalk below and the storefront cornice above.It is important to contain the storefront within this frame.When the storefront is allowed to extend beyond its frame,it may no longer appear as an integral part of the overall facade design;rather,it may appear tacked on.Look at historic photographs of your building or of similar buildings to learn the original configuration of your storefront. Following are some ideas to consider when planning your storefront renovation.Each originates in the design of the traditional storefront;however,they are not solely historical concepts.They represent sound design principles aimed at enhancing both appearance and accessibility. Contain the storefront A storefront should be designed to fit within the original facade opening and not extend beyond it.The storefront might be set back slightly(perhaps 3 inches) from the plane of the facade to accentuate this sense of containment. Transparency Large display windows were a prominent feature of the traditional storefront.As a design element,they are integral to the overall proportioning of the facade.Functionally,the large glass area provides maximum light and display area,while visually opening the facade to the street.As a rule,the storefront should be composed primarily of glass,while the upper facade should be more solid and contained with smaller, evenly spaced windows. __�A!• Appropriate materials /W/4" if`4 '), The color and texture of the storefront materi. .'o • •e simple and unobtrusive: (1)The storefront frame can be wood,cast iron,or aluminum wi '. •aked enamel finish; (2) the display windows should be clear glass; (3) transom windows may be dear'•r stained glass; (4) the entrance door should have a large glass panel and can be made of wood,steel,or aluminum; (5) the base panels (bulkheads) can be of wood, polished stone, glass, tile,or aluminum-clad plywood panels; (6) the storefront cornice can be made of wood,cast iron, or sheet metal or sometimes the horizontal supporting beam can serve as the storefront cap; (7) the side piers should be of the same material as the upper facade. Certain materials and design elements should never be used on a traditional commercial building.A mansard roof with wooden shingles,rough textured wood siding,metal siding,fake bricks or stone, and gravel aggregate materials are not appropriate. Inappropriate historical themes should also be avoided. Small windowpanes, a colonial door, and storefront shutters are 18th-century elements that do not belong on most 19th-or 20th-century facades. Simplicity Whether you are renovating an existing storefront or designing a new one,remember that the emphasis should be on transparency.The fundamental design should include large display windows with thin framing members, a recessed entrance,a cornice or a horizontal sign panel above the storefront to separate it visually from the upper facade,and low base panels to protect the windows and define the entrance. This same basic arrangement will be equally appropriate whether constructed using traditional or modern materials. K ' frieui l l( i/vtvzszier,244:e4i1 Doors and endows Doors and windows help to define the architecture of historic downtown Shakopee.The upper story a?/1 ' ` windows establish a rhythm in the streetscape that ties the facades together.The storefront with its large glass area opens the store to the street,inviting pedestrians to look and possibly come inside.Most doors Z .9a6 in the district were wood frame with a large glass area to match the openness of the storefront as a whole. Doors and windows should be carefully maintained and repaired.Always retain original doors and windows if at all possible. Replacement of elements should duplicate the original form of the material closely.The original size and spacing of window muntins dividing the sash are particularly important.The size and division of window sashes should be appropriate to each building's style.Hardware is often a troublesome repair problem.Window and door hardware that reproduces turn-of-the-century forms is now readily available. Inoperable decorative metal or plastic shutters are inappropriate for use in the district. On buildings that originally featured shutters,make sure the panels exactly match the size and shape of the window opening. Replacement windows When more energy efficient double-glazed aluminum or wood windows are to be used as replacements, they should match the original wood windows in size and style.Never replace a multi-pane window with a single large pane of glass.Aluminum windows should be in a baked enamel finish rather than the color of clear unfinished aluminum. Storm windows Storm windows may be desirable on upper story windows for energy conservation.An exterior storm window can also serve to protect and upgrade older wooden sashes.They should conform to the size and shape of the existing sash and be painted to match as well.Interior storm windows are a good choice where original windows might be obscured by the addition ofexterior storm sash. Awnings — ;€ -i (� i21�g /1 ` . 79%�'�'� Canvas awnings were a familiar feature of 19th-century storefronts.Apart from their primary function of sun and glare protection,they also offer shelter to pedestrians and can be an attractive addition to the storefront.Additionally, the valance can serve as a sign panel for your business.Naturally,if your building faces north,they will be of lesser practical benefit. Select awnings that closely follow historical precedents in shape and design.They may be either operable or fixed.Always fit the awning within the storefront opening.Awnings should never extend continuously across several storefronts. Choose a water-repellent canvas or vinyl-coated canvas material; aluminum awnings or canopies are generally inappropriate. A wide variety of canvas colors are available and you should pay special attention to choosing a color or color combination that coordinates with your building and its surroundings. Backlighting of awnings is not acceptable. Storefront entry doors Storefront entry doors should present an attractive appearance and should be visually appropriate for your storefront.Original doors should be retained if possible.If a new door is to be installed it should closely resemble the design and proportions of the original door.Wood is the preferred material,but steel or aluminum with a baked enamel finish may also be used.Colonial or Early American style aluminum doors and other very decorative door designs should be avoided. References The following publications contain more detailed information about windows. Preservation Brief#3 Conserving Energy in Historic Buildings 7 Preservation Brief#9 frila61/14(4g The Repair of Historic Wooden Windows Preservation Brief#10 Exterior Paint Problems on Historic Woodwork Preservation Brief#13 The Repair and Thermal Upgrading of Historic Steel Windows Architectural Details 1114 , A-169 '4; ' '4 Architectural details are among the most distinctive elements,which identify the different styles in downtown Shakopee.Brackets,bulkheads,cornices,columns,pilasters,decorative moldings,and window hoods were used extensively to embellish buildings.These features are crucial to the historic and architectural character of the building. Architectural details should be retained on existing structures within the Historic Districts.New construction should mirror existing details,or display contemporary details that harmonize with its neighbors.It is essential that architectural detailing be carefully maintained in order to ensure its long- term survival.Modern artificial siding frequently covers cornices or window trim and involves the destruction of much architectural detail.This practice is not appropriate. Added Elements Added necessities such as electric meters and boxes,condensing units,gas meters,solar panels, air conditioners,television antennae and satellite dishes are contemporary features in downtown Shakopee. They can seriously impair the visual qualities of historic architecture if improperly located.All added elements should be located on the roof or to the rear of buildings in the district and screened by appropriate plantings or fencing. Solar panels and television aerials should be situated as far out of public view as possible. Paint Colors Painting is the traditional method wooden and some metal and masonry buildings have been protected from the attack of moisture and other destructive environmental factors. It is more often thought of as a decorative element.Paint should provide the district's buildings with both a strong protective and a decorative surface layer.Oil based paints have traditionally been used on the district's wooden trim elements, and it is generally the best policy to continue using these paints on wood,rather than latex paints, unless careful preparations are made. Colors used originally vary with the age and style of the building. Earth tones (greens,dark reds,pale yellows and browns) were popular in the latter half of the 19th-century; lighter shades predominated in later decades. However, there is no clear rule for paint colors in a stylistically mixed group of buildings like those in the district,other than to avoid bright or unusual colors.Those who desire precise guidance can perform, or hire a consultant to undertake, paint analysis to determine paint colors at a specific time in a building's history. The City of Shakopee strongly recommends that property owners keep their buildings regularly painted and follow these guidelines in selecting the type and color of paint. It is recommended that the elements of a building should be painted consistently.Trim should be painted the same color.The wall,whether it is masonry or frame,should be a contrastin: color.The window sash,did,'—, ? and doors can be painted a darker color than the walls and tr.' •void paintin: mason that is c-tinpagirepare the surface to be painted by removing all loose paint and sanding all rough edges that remain.Prime the surface with a high quality oil-base primer and follow with two finish coats of oil-base paint. Minor Trim • Window sash • Doors • Storefront frame • Small details on cornices, window hoods,and bulkheads _/,/ Major Trim / /t /dGel4e • Building corniceCG • Window hoods • Window frame • Storefront cornice • Storefront columns • Bulkheads Base Color • Wall surfaces • Storefront piers References The following publications contain more detailed information about painting. Preservation Brief#10 —..-- gaff/ter/ a Exterior Paint Problems of Historic Woodwork Paint in America:The Colors of Historic Buildings by Roger W.Moss (Editor),Preservation Press, Washington D.C. a, 2 Signage Signage is an essential element in any commercial district.Anonymity is clearly not good for business. Unfortunately, signage has often been one of the most disfiguring elements in the urban landscape.A visual clutter of oversized and ill-positioned signs presents a negative image for the entire street. A business's sign is important not only as an identifier,but also as an expression of an image for the business. Don't underestimate the value of quality signage.A clear message, presented with style,will encourage passersby to venture in. Money spent on quality signage is usually money well spent. When thinking about signage,consider the following: Size and placement In a densely built downtown area,signage should be directed at and scaled to the pedestrian.Don't assume that the largest sign is the best.Pay particular attention to how your sign relates to your building. Look for logical signage locations on your facade. Continuous flat wall areas above display windows or above upper story windows are typically good choices. Don't cover windows, doors,or architectural ornament.A good sign looks like it belongs where it was placed. It should be an extension of the overall design of your facade. Message and design A good sign is simple and direct.Don't be tempted to say too much.Choose a letter style or graphic treatment that projects your image and is dear and easy to read. Coordinate sign colors with the colors of your building.Remember that visual clutter will only dilute your message. A good sign can take many forms.It may be painted on a flat panel,or it might have a sculptural quality. Individual letters might be applied to the facade.Logos or lettering can be painted,stenciled,or engraved on windows. Even the valance of an awning can be an excellent signboard.Neon signs inside shop windows are usually appropriate and possess a charm that can be very attractive,if not overused.Neon signage is not appropriate on the building exterior,however,unless it was an original feature of the building.Lighting for other kinds of signage should be limited to direct illumination by incandescent lamps. Certain sign types are generally considered inappropriate in an historic commercial district.These would include large projecting signs,rooftop signs,and internally illuminated signs and awnings.Replacement of these kinds of signs should be strongly considered in planning for rehabilitation.To address this issue,the City of Shakopee has adopted a sign ordinance that restricts oversized signs within the historic district. Rear Entrances Alleys and rear entrances should not be overlooked when planning downtown improvements.Often dirty, neglected and shunned, alleys can be turned into attractive secondary corridors through the business district.Development of rear entrances (double fronting) improves customer access from parking areas and can substantially improve pedestrian circulation throughout the downtown area. "Open"alleyways—alleys that have been exposed to view by the removal of other buildings—offer opportunities for developing inviting rear entrances in an improved"alleyscape"to the benefit of the whole streetscape.Naturally,this kind of project is best approached as a cooperative effort among adjoining storeowners. The design of improvements to your alley facade should closely follow the conventions you have established on the street facade of your building.You have already developed a readily identifiable image. You should follow through with it here. /149 New Downtown Construction - G, 9e16 Much has been written (and argued) on the issue of new construction in historic districts.An exhaustive discussion of the issue could fill a book and is beyond the scope of this guide. However, the general principle to follow is that new buildings should look new. B. Clarkson Schoettle of the Main Street Center has most succinctly summarized the other basic design considerations as follows: Proportions of the Facade The average height and width of the surrounding buildings determines a general set of proportions for an infill structure or the bays of a larger structure. Composition The composition of the infill facade (that is,the organization of its parts) should be similar to that of surrounding facades. Rhythms that carry throughout the block(such as window spacing) should be incorporated into the new facade. Proportions of the Openings The size and proportion of window and door openings of an infill building should be similar to those on surrounding facades. The same applies to the ratio of window area to solid wall for the complete facade. The infill building should fill the entire space and reflect the characteristic rhythm of facades along the street. If the site is large,the mass of the facade can be broken into a number of smaller bays,to maintain a rhythm similar to the surrounding buildings. Detailing Infill architecture should reflect some of the detailing of surrounding buildings in window shapes,cornice lines,and brickwork. Materials An infill facade should be composed of materials similar to adjacent facades.The new building should not stand out from the others. Color The colors chosen for an infill facade should relate to the building's neighbors. Building Setback The new facade should be flush to its neighbors. Applying the Guidelines to Shakopee's Buildings The following examples were selected to illustrate the applications of the design guidelines.These examples display the variety of architectural styles found in downtown Shakopee and can be used as a guide to what type of improvement might be appropriate for other buildings which are similar in design. g u D' 0 y. 'd 3 •°. y'� cn v � r �.� 3 5 cd-ct~ p :j: 8 °' 0.3 :� Owed ta).04(T1 CI,I;4,4 ia)i" '34 ctEdth 0Q 0b4.4 " .pg r4 1•4.6:"1 0;"4 ca3 00 eu'dev-1 ev cd. u) p 3 � e„ .1:11.4 7 dpd ,, ,- O,/-J edp tGJ p,..;-, g:GJ tt ed ed . w'dp g,.ok.od g 5 ev CI CU ed .4-, ti) ,: �'tw Y iF�K i 3�yAI r 'eras.,, .„r ! ' "1 • { 0. - i- Ia � y t� , . W g 0 cd rE �. cct.44 A d ax. .7d4 �W.i,.c...mm. F1a11p.0 .4 }} W14 Qed 1 O � yq. O g ++� a ,41Ad (Ish �w 0.0 � � . .. cud , p ed k ;...,..h., U at.+ ed td �' ayr F..1 3-1 i-1i Oft c liv ra 9 ! d_B'�3 1.} 2 if,k ,,, N Wry'4F� r c t �• II 0.i _,' \ f �. Asg Bary' '' Appendix A — Secretary of the Interior's Standards 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure,or site and its environment shall not be destroyed.The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings,structures,and sites shall be recognized as products of their own time.Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building,structure,or site and its environment.These changes may have acquired significance in their own right,and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced,wherever possible. In the event replacement is necessary,the new material should match the material being replaced in composition,design,color,texture,and other visual qualities.Repair or replacement of missing architectural features should be based on accurate duplications of features,substantiated by historic, physical,or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to,any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical,architectural or cultural material,and such design is compatible with the size,scale,color,material, and character of the property,neighborhood or environment. 10. Wherever possible,new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future,the essential form and integrity of the structure would be unimpaired. FURTHER READING The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.W. Brown Morton III and Gary L.Hume. 1979.Rev.ed.Washington,D.C.: Technical Preservation Services,U.S.Department of the Interior, 1983.59 pp. Interpreting the Secretary of the Interior's Standards for Rehabilitation.Washington, D.C.: Technical Preservation Services,U.S.Department of the interior, 1980-. Sets and occasional bulletins. I ii 7 Appendix B — Public Signage ' th i/ � ' Few communities in Minnesota have addressed the issue of public signage within or around historic districts.The community must balance the desire for a visually appealing downtown with the necessity to maintain the public's safety and to effectively direct traffic flow.As a rule,public signage should be clear and use conventional shapes, colors, and reflectivity.Public signage falls into three categories: traffic signs, limit signs, and directional/informational signs. Traffic Signs Traffic signs are the most critical to Downtown Shakopee.They insure a smooth and orderly flow of traffic and minimize the possibility of accidents.They must conform to the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) from the Minnesota Department of Transportation.While considerably limited, there is some latitude in the design of these signs. Determining minimum requirements and reducing redundancy is necessary to making Downtown Shakopee more attractive. Limit Signs Limit signs,such as parking limits,handicap,and no parking zones, although not as critical to safety,still need be visuallypleasing.These signs also have more latitude in their design.They should be uniform in style.They should be prominently displayed and large enough to be easily read,but should not overpower their surroundings.Using professionally designed signs and posts and placement,the public signage can enhance the overall appearance of Downtown Shakopee. Directional/Informational Signs Informational signs include historic district directions and announcement,public parking, and other directional information to guide people to key areas in Downtown Shakopee.These signs have little regulation and therefore the most latitude in design.They still need to be professionally designed, clear, and uniform with the othersignage in downtown. • Less is more.Using the least required signage in downtown will help keep the appearance from being cluttered or overpowering.Researching the minimum requirements and potential waivers is imperative for controlling the proliferation of public signage. • All public signage in Downtown Shakopee needs to be uniform and of high quality design and construction. • Signage can be effectively placed on existing decorative light posts and on well-designed signposts. • Signage,as well as banners and other temporary displays,should be color coordinated with a limited palette of colors complimentary to those used for the store awnings.Turn-of-the-century colors tended to be muted and earth-tone based.Most major paint companies have paint chip charts of"historical" colors. • Uniform signage should be developed to identify all public parking lots. 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G al O C �. bb0 - s. bizs- v o O I • •� V1 s41., >, O vi v ,V "C7 v •-...... cn O s: I-. 0 cu 'cn G 3 a, - aq �, > a u 0 0 a a R Q v o .� 3 4 cn tO v bA m o . T, .= fl cu btob°Joa ° o I OU N 'O w •U v rz >, ti ,�•., M. -° > V {� tiv, ��. a; a1 '~ aV1l •�C•, �" > V w -o ° V p a) ,. oo .a � Qinin o V J 0 I OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 6, 1998 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director;Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; and Gregg Voxland, Finance Director. The Pledge of Allegiance was recited. The following items were removed from the agenda: 15.A.4. Declaring Costs to be Assessed and Setting Date for Assessment Hearing for Eastway Avenue and Timothy Court, 1997-3 Res. No. 4995, and 15.E.12. MnDOT Property/Public Park- Southbridge 1st Addition. The Following items were added to the agenda: 6.A. Update by Commissioner Bannerman Relating to Scott County, 6.B. Valley Haven Park Update, 15.E.13. Pay Plan Modifications, and 15.E.14. Selection of City Auditor. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. The following items were added to the Consent Agenda: 15.B.1. Fire Fighter Hires, 15.C.1. Minnesota Outdoor Recreation Grant for Purchase of 10 Acres West of Tahpah Park, 15.C.3. Arena Concession Stand Agreement, and 15.E.4. Request to Seek Appraisal for Eagle Creek Thrift Shop Parcel. The following item was removed from the Consent Agenda: 15.D.1. VPSI Van Pool Agreement. Sweeney/Link moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Brekke gave the Mayor's report. Commissioner Art Bannerman approached the podium and reported that the County Board recently discussed services provided by the County which primarily relate to townships. For example, the Scott County Sheriff mainly patrols the townships and the Cities provide their own law enforcement services. Several of these types of items were identified where the County is providing services specific to the townships and not to the cities. The question was asked whether or not the townships should contract separately with the County or an adjoining city to receive patrolling services, rather than having the Sheriff's Department patrolling the townships. If townships contracted with the County or an adjoining city the Sheriff would continue to provide prisoner transport, prisoner guard, and bailiff services, but would not provide patrol services without a contract agreement. Official Proceedings of the October 6, 1998 Shakopee City Council Page -2- Commissioner Bannerman said that other Commissioners will be speaking to Mayors and townships in their districts as well to obtain input as to whether or not to proceed with this concept. He said that this is one area where the government could be less costly and more efficient. Mayor Brekke stated that there are archive copies of all City Council meetings and that a copy could be provided to a representative of APAC (All Parks Alliance for Change) as opposed to their video taping the meeting. Mark McNeill explained that park closing ordinance models, based on Elk River and Bloomington's ordinances, were reviewed. He said that these ordinances do not address how a resident or property owner would be compensated in the event of a park closing. He said that while it is very difficult for a City to adopt such an ordinance, who pays those items was a concern. As a result, staff looked at a way to fund this and tentatively agreed to consider approaching the legislature for a law to expand the Tax Increment Law, which would allow for redevelopment when necessary, with the funding coming from Tax Increment Financing. It is the opinionof Mr. Bubul, of the CityAttorney's's office, that the existing law currently provides for this. Mr. Lambert was then directed to come back with a model ordinance for consideration. Mr. Benedict, Valley Haven Park Owner, has since sold the park or negotiated to have sold it. important for him to be Mark McNeill said that because a new owner is involved he felt it was im p part of any discussion. A tentative date of October 21st, 1998, has beet set for a meeting for all those involved. Mayor Brekke explained that a future Council meeting will be held regarding Valley Haven Park proposals will bepresented to the CityCouncil and there will andsaid that in one wayor another p p be a policy discussion and policy decision about this. Mr. Lambert , APAC Representative, approached the podium and said that it is his understanding that the final closing of the sale of the park is scheduled for October 9, 1998. He also said that the new owner has confirmed to him that Valley Haven Park is not closing and has no intent to close the park. He said that the opportunity exists to create an ordinance that will allow the future of Valley Haven to end in a fair result for the residents of Valley Haven Park. He suggested looking for an alternative source of funds that would give the residents some security in the event of a closing. Mayor Brekke asked that the discussion focus on the timeline and Mr. Lambert guaranteed that there will absolutely be no steps toward closing the park from this time to the end of the year. Mark McNeill stated that the law requires a nine month notice on closure. Mayor Brekke asked if there were any citizens present in the audience who wished to address the City Council on this issue. ms's Official Proceedings if the October 6, 1998 Shakopee City Council Page -3- Floyd Olson, Cimmeron Park, Lake Elmo, approached the podium and explained that he was involved in 1987 legislation sessions which enable cities or municipalities to pass ordinances relative to park closings Ordinances have been passed in nine cities at this point. He specifically addressed the ordinances of Hopkins and Bloomington as they both had park closings in which the ordinances worked very well and compensated the residents. He said that by having an ordinance the City will be saved from many ethical and legal problems by addressing this before a park closing occurs. He said that this issue is between the City Council and the City Attorney and that the function of the ordinance is to protect the residents from financial loss and health, safety and welfare issues. He concluded by stating that the City has failed the residents legally and morally by not having adopted an ordinance yet. Althea Rank, Valley Haven Park, approached the podium and said that the City Council has been asked to adopt an ordinance for the protection of the residents because the mobile homes are not truly mobile anymore due to their age and condition, and because of the desperate need for low income homes. She said that if they lose their homes and receive no protective help they will all be displaced persons and families. She said that a park closing ordinance would provide insurance that they can not get anywhere else. It would also protect several residents from becoming homeless. She emphasized that the City Council has been given the authority to pass such an ordinance for the health and protection of residents living in mobile home parks. She said that because the area is zoned for highway development, a park closing ordinance is necessary regardless of when it may be closed. Scott Troseth, Valley Haven Park, approached the podium and stated that the City has been given the authority to pass an ordinance and that whether or not the park closes is not the issue, he said the residents want a closing ordinance. Jim Pace, Executive Director APAC, approached the podium and stated that the residents came to ask the City Council to exercise the authority that the State Legislature passed in 1987 to provide compensation for them in the event that their park closes. He said that meetings have been canceled and postponed and the residents have had a difficult time meeting with the Councilmembers and the Mayor and they are becoming frustrated. He said this is about a moral issue and about treating the residents of Valley Haven the same as any other resident in the City of Shakopee. Mayor Brekke stated that the quicker a decision is made on a complicated issue such as this, it is more likely that an error will be made. He said that those involved will meet in October and this issue will come before the City Council again with another opportunity to provide input once again. There will likely be a few options presented by City staff. Mr. McNeill will draft those options per direction of the City Council. The City Council will then pass one of the proposed options or come up with another option at that time. Official Proceedings of the October 6, 1998 Shakopee City Council Page -4- In response to comments that the City Council and the City Attorney are the people that should be working on this issue, and not Mark McNeill, City Administrator, Mayor Brekke explained that the City Council sets policy for the City and makes policy decisions for the City, as well as delegating certain tasks to City staff to come back with options for consideration by the City Council. Those options can either be passed or modified, or staff can be directed to come back with different options. In response to a question as to whether or not the City could still adopt an ordinance to compensate the residents, should the new property owner decide to close the park, Jim Thomson, City Attorney, stated that an ordinance could still be adopted. Floyd Olson approached the podium and stated that Mankato, St. Cloud, Hopkins, Lake Elmo, Bloomington, Elk River, Moundsview, and Burnsville have adopted or are adopting ordinances. In response to a question as to why these cities adopted ordinances, he stated that two cities adopted ordinances due to park closings, the others adopted ordinances to avoid legal problems. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. A recess was taken at 8:11 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 8:14 p.m. Sweeney/Link moved to approve the minutes of August 4 and August 18, 1998. (Motion carried under the Consent Agenda.) Sweeney/Link moved to approve bills in the amount of$378,084.04. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4965, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat of HTS Properties First Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Michael Leek reported that the Final Plat for Market Place 2nd Addition has not been recorded due to the applicant's inability to obtain all of the signatures of property owners within the plat, and the applicant has submitted a revised Market Place 2nd Addition. The main difference between the two plats is that the revised plat provides for a twenty (20) foot wide alley on the east end of the plat. The alley then, on the western boundary of Lot 6, decreases to sixteen (16) feet and continues to the western boundary of the plat. The approved plat provided for approximately ten (10) foot outlots to the north of the alley. The outlots have been eliminated in the revised plat. Staff has reviewed the revised plat and recommends approval with the conditions in the resolution. Official Proceedings of the October 6, 1998 Shakopee City Council Page -5- John Klinglehutz, Developer Market Place 2nd Addition, approached the podium and explained that the major issue was a 32 square foot area that was reportedly given to the City in the 1800's. He said that several court proceedings and meetings with the City resulted in an agreement to determine that the property did in fact belong to the City. Link/Sweeney offered Resolution No. 4997, A Resolution of the City of Shakopee, Minnesota, Approving the Final plat for Market place 2nd Addition, and moved its adoption. Motion carried unanimously. Mark McQuillan reported that the Task Force has concluded that the Park Reserve Fund is an insufficient source of funding for the City's current and future recreation facilities and would like the City Council's approval to hire Ingraham and Associates to assist the City in planning the content, structure, cost estimates and strategy for a park and recreation board referendum. The Task Force spent considerable time reviewing every project in the Five Year Parks Capital Improvement Program and determined that some projects should be funded with existing resources while others should be placed on a park bond referendum. Because narrowing down the list of potential projects to be placed on a park bond referendum is a challenging process the Task Force is asking the Park and Recreation Advisory Board and the City Council's support in hiring a consultant to assist the City in planning the content, structure, cost estimates and strategy for a park and recreation board referendum. Ingraham and Associates was recommended based on their familiarity of the City's park and recreation system and services. Ingraham and Associates cost is estimated to be approximately $13,000. The Task Force and Park and Recreation Advisory Board would like to have the consultant on board within 30 days. The time table is such that the Task Force could come back to the City Council in February, 1999, with a proposal which both the City Council and the community would be comfortable in supporting. Burl Zorn, Chair of the Task Force, approached the podium and explained that the consultant will assist the Task Force in discovering what the citizens want and what they are willing to pay for. In response to a question as to what would happen if the citizen survey is vastly different from what the Task Force would like to see happen, he said that the Task Force will be satisfied in accepting the results of the citizen survey. The Task Force has also created a prioritized list of projects which is available to the Councilmembers. When asked why the Task Force chose Ingraham and Associates, Mr. Zorn said that both consultants costs were very similar. However, he said that the determining factor was that Brauer and Associate's role would be more of a coach as compared to Ingraham and Associates, who would have more of an on-hands role. Sweeney/DuBois moved to authorize the hiring of Ingraham and Associates to provide the City of Shakopee consulting services for a park bond referendum at a cost not to exceed $13,000. Motion carried unanimously. Official Proceedings of the October 6, 1998 Shakopee City Council Page -6- Sweeney/DuBois moved to direct the City Finance Director to prepare a budget amendment which transfers $6,000 from personnel funds in the Park and Recreation operating budget to consulting expenses. Motion carried unanimously. Sweeney/Link moved to accept the resignation of employment from John DeLacey effective October 2, 1998. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize the appropriate City staff to utilize Scott County in advertising and hiring an Engineering Technician IV. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 5000, A Resolution of Appreciation to John DeLacey, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link moved to accept the resignation, with regrets, of Philip Wulf as Maintenance Worker for the Public Works Department of the City of Shakopee effective October 9, 1998. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize the appropriate City staff to utilize Scott County in advertising and hiring a Maintenance Worker. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4995, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Eastway Avenue and Timothy Court Within the Plat of Pinewood Estates and Shenandoah Place Project No. 1997-3, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4999, A Resolution Accepting Work on Eastway Avenue and Timothy Court Within the Plat of Pinewood Estates and Shenandoah Place, Project No. 1997-3, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize Scott County Personnel Services to begin the hiring process for two fire fighters to fill existing vacancies. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize the Fire Chief to accept the proposal of Clarey's Safety, for the purchase of six self-contained breathing air (SCBA) bottles for a total price of $6,562.50. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize the members of the Fire Station Building Committee to purchase training room furniture for Station #2 at a cost of $33,844.36 from Pink Business Systems. (Motion carried under the Consent Agenda.) Official Proceedings of the October 6, 1998 Shakopee City Council Page -7- Sweeney/Link moved to authorize the members of the Fire Station Building Committee to proceed with the purchase of a SCBA compressor and filling system through the bidding process with the funds for the purchase to be drawn from the Fire Station's Construction Budget Contingency fund. (Motion carried under the Consent Agenda.) Sweeney/Link moved to approve the State of Minnesota Department of Natural Resources Outdoor Recreation Grant OR99-019 Agreement and authorize the appropriate City officials to begin administrative proceedings to acquire the 10.26 acres of land adjacent to Tahpah Park. (Motion carried under the Consent Agenda.) A recess was taken at 8:30 p.m. The meeting re-convened at 8:48 p.m. 15.D.2. Minor Subdivision Waiver Request was taken out of the regular order on the agenda. David Yarusso, d/b/a Yarusso's Hardware Company of Shakopee, is requesting a waiver to City Code Section 12.08, Minor Subdivision Process. This section of the City Code requires that "All resulting lots must meet the design standards and other requirements specified in Chapter 11, unless otherwise modified as part of the PUD approval." Michael Leek explained that the proposed subdivision of the property into two lots would create a zero lot line between the hardware and former Super Value store, and would increase an existing non-conforming use. Cncl. Sweeney stated that it would be in the best interest of the City to waive some of the provisions where an existing property conflict is involved. Sweeney/Link moved to approve Mr. David Yarusso's request to waive the requirement of the Minor Subdivision requirements for property located within Block 10, East Shakopee Plat. Motion carried unanimously. 15.E.2. MnDOT Property-Daycare Site was taken out of the regular order on the agenda. Mark McNeill explained that earlier this year, Greg McClenahan indicated an interest in a 1.92 acre parcel owned by MnDOT, which was acquired as part of the U.S. 169 right-of-way process. The site would be used to construct a daycare that would be operated by the Community Action Agency. This parcel has been appraised at a total of$50,000, or approximately $26,000 per acre. Mr. McClenahan is in the process of re-applying for funding to assist in construction of the daycare and needs a commitment that the City will sell him the property if he is successful in obtaining the grant funding. He will know by February, 1999 if he is assured of the funding. Official Proceedings of the October 6, 1998 Shakopee City Council Page -8- A discussion ensued as to the value of the parcel and access. Councilmembers expressed concern that Mr. McClenahan will not know if he will receive the funding for some time and that the daycare center is contingent upon that funding. They also discussed access issues. Mark McNeill explained that the value is based on what the market is and the City has the right of first refusal to acquire the parcel from MnDOT. Jim Thomson, City Attorney, explained that there are contingencies that specifically state the City's obligation to convey the MnDOT parcel to the buyer, to record documents acceptable to the City and that the MnDOT parcel be used solely for a daycare center in connection with another development. Sweeney/DuBois moved to direct staff to prepare a letter agreeing to sell the 1.92 acre MnDOT parcel No. 65, to EverGreen Real Estate Development Corporation, for the appraised value, contingent upon receipt of grant funds for daycare development and for the townhomes, said agreement to expire on July 30, 1999. Motion carried unanimously. 15.E.3. EverGreen Heights Townhomes Property was taken out of the regular order on the agenda. Mark McNeill explained that the Minnesota Housing Finance Agency did not include EverGreen Heights as a funded project and Mr. McClenahan is in the process of reapplying for a low income tax credit and other funding assistance for the townhomes. He indicated that a more favorable consideration would be given if there was a reduction in the amount of funding needed, if the acquisition of the land could be in two phases. As a result, Mr. McClenahan is proposing to build in two phases with 34 units in each phase. He proposes to separate the land into two parcels and develop the first 34 units with access off of Vierling Drive. A purchase agreement has been developed with a performance date by October 1, 1999, or a contract for deed option. He would pay $175,000 of the $325,000 previously agreed to as the purchase price for the first parcel. With Phase II he would develop the second 34 units by October 1, 2000. Phase II also has a contract for deed option in which he would pay $150,000 or the balance of the $325,000 at that time. The contract also provides for site grading and states the arrangements for the daycare facility. When asked if cities typically enter into contract for deed agreements, Jim Thomson, City Attorney, explained that the contract for deed option allows the buyer to close on the property earlier than he would otherwise be obligated to do so. A discussion ensued in which Councilmembers expressed concern that the applicant could purchase five acres, pay cash for it, build on it, and default on the contract and not develop the second half, leaving the City with a five acre parcel. Official Proceedings of the October 6, 1998 Shakopee City Council Page -9- Jim Thomson said that the purchase agreement states that before a closing can occur on the property the buyer must record the documents acceptable to the City, that they have the tax credits or the financing approved. Mr. McClenahan explained that the idea is to require less money by developing in phases and splitting the parcel. He said he would prefer not having to purchase the second parcel outright, but in order not to compromise the City's position he was going to pay the interest that the capital account generates. He said that if he gets the financing for the first five acres he would purchase the second five acres. Sweeney/Link moved to direct the appropriate officials to enter into the purchase agreement by and between the City and EverGreen Real Estate Development Corporation, for approximately five acres of excess Fire Station property, with the understanding that the City will have security for the purchase of the second parcel acceptable to the City Attorney. Jim Thomson explained that the current proposal is to pay $175,000 in cash on or before October 1, 1999 on the first parcel, to put 10% down on the second parcel by that date, and to execute a contract for deed that would require the balance to be paid in full at interest, by October 1, 2000. He asked if it was the Council's wish to make sure that this development consists of affordable housing on both parcels and the daycare center. Cncl. Sweeney explained that the intent of his motion was to tie the agreement together, so that what the City is purchasing from MnDOT would go with this parcel and remain with it so that EverGreen Townhomes would ultimately have an affordable daycare on the parcel and that affordable housing would be built on both five acre parcels. Cncl. DuBois stated that she would only allow Mr. McClenahan, with security, to develop the second parcel but only at an increased price. Cncl. Sweeney explained that there is a desirable City outcome of affordable housing which is being made easier to accomplish while foregoing a potential profit. Motion carried 4-1 with Councilmember DuBois opposed. In response to a question from the City Attorney as to whether the agreement authorizes the sale of 10 acres independent of whether or not there is financing for daycare, Mayor Brekke explained that because the daycare center is in a different portion of the property, the daycare center is tied to the entire site. The regular order of the agenda was resumed with 15.A.6. Tree Reforestation Feasibility Report. Official Proceedings of the December 6, 1998 Shakopee City Council Page -10- Bruce Loney reported that the Public Works and Engineering Departments have compiled a damage tree list, prepared a drawing showing the locations and a cost estimate to replant trees in the damaged areas. City staff is proposing to replant trees in City boulevards and parks that were damaged in the May 30, 1998 storm. The tree replanting can be done cost effectively by purchasing bare root trees and using the Public Works personnel and the tree planting guideline policy. A forestry consultant or landscape company consultant would be used as necessary to properly plant the trees. Mr. Loney stated that there are two people in the Public Works Department who are certified in tree planting. The tree replacement cost is included in the proposed 1999 Budget under the Park Division in the amount of $20,000.00. Jewell Nurseries of Minnesota, LLC estimated the cost of tree replacement at $5,500.00 for 200 trees and an average cost of $27.14 per tree. Public Works Labor is estimated at $5,000.00. Landscaping consultant Fees (if necessary) are estimated at $2,500.00 for a total cost of$13,000.00. DuBois/Amundson moved to direct staff to come back in the near future with some guidelines for a tree reforestation policy. Motion carried unanimously. Sweeney/DuBois moved to accept the Tree Reforestation Feasibility Report dated October 1, 1998, and direct staff to proceed with ordering of the trees for the 1999 spring planting season. (CC Document No. 265) Motion carried unanimously. In response to a question as to whether the Parks and Recreation Board looked at other options in addition to expanding the Community Youth Center for the Youth Enrichment Grant, Mark McQuillan said that this is the most appropriate project that would stand a good chance. He said that if an application is going to be made, staff felt than an addition onto the Community Youth Center building at Lion's Park was a good project to apply for, as opposed to adding onto the Community Center. In response to concerns regarding problems with the building, he said that an architect has made some suggestions. Dave Linner, Architect, estimates the costs for an addition with 3-4 small meeting rooms to be about $200,000. The State would contribute $125,000 (reimbursement) and the City $75,000. Mr. Linner's fee to prepare a predesign plan for the grant application will be about $1,000. DuBois/Link moved to direct staff to apply for the Youth Enrichment Grant and to contract with Dave Linner for a maximum of$1,000 for architectural services if the grant is approved. Motion carried unanimously. Sweeney/Link moved to renew the Concession Stand Agreement with the Shakopee Hockey Association for 1999. (Motion carried under the Consent Agenda.) Official Proceedings of the October 6, 1998 Shakopee City Council Page -11- Sweeney/Link moved to approve the installation of electrical service to picnic shelter #2 in Veterans Memorial Park with funding to be allocated from Park Reserve funds. (Motion carried under the Consent Agenda.) In response to a question as to what the City is doing to ensure that collection problems associated with the VPSI Vanpool do not occur again, Michael Leek explained that all reports are now going directly to the finance department for recording and reporting. He said that this will continue to be the case and will address a large part of the problems. DuBois/Link moved to approve the Vanpool Agreement as amended and direct the appropriate City officials to execute said agreement. Motion carried unanimously. Sweeney/Link moved to find that Elizabeth Handrich has successfully completed the probationary period for Planning Technician, and award her permanent, full-time status in that position. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4998, A Resolution Appointing Judges of Election and Establishing Compensation, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link moved to direct staff to hire an appraiser to determine a value for the Eagle Creek Thrift Store property, negotiate a potential selling price with Valley Green Business Park, and bring this back to the Council for future action. (Motion carried under the Consent Agenda.) Sweeney/Link offered Resolution No. 4993, A Resolution Approving Settlement and Authorizing Payment Thereof, in the case of Stark and Fields, v. MPRS, et al. (Motion carried under the Consent Agenda.) Mark McNeill explained that Greg Sticha was hired as an Accountant III on 4/6/98. The probationary period ends on 10/6/98 unless extended. Mr. Sticha is performing beyond expectations and is already beginning to function more as an Assistant finance Director compared to an Accountant III. It is for this reason that a step increase is being recommended at six months. DuBois/Amundson moved to terminate the probationary status of Mr. Sticha and move to step two of the pay plan. Motion carried unanimously. Sweeney/Link moved to approve the application and grant an off-sale 3.2 percent malt liquor license and a tobacco license to Shakopee 1997 L.L.C. d/b/a/ Cub Foods, 1198 Vierling Drive East, effective October 16, 1998. (Motion carried under the Consent Agenda.) Official Proceedings of the October 6, 1998 Shakopee City Council Page -12- Sweeney/Link moved to approve the "Assignment and Assumption of Developer's Agreement" between Valley Green Business Park and Centex Homes for certain property in Southbridge 1st Addition and authorize the execution of the "Consent and Release". (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize the City Clerk to release the Escrow and Payment Agreement from Valley Green Business Park for certain property owned by Valley Green Business Park in Southbridge 1st Addition. (Motion carried under the Consent Agenda.) 4994, A Resolution Apportioning offered Resolution No. pp g Assessments Among Sweeney/Link New Parcels Created as a Result of the Platting of Eagle Ridge First Addition, and move its adoption. (Motion carried under the Consent Agenda.) Sweeney/Link moved to authorize the reduction of the letter of credit from John Klingelhutz for public improvements to Roundhouse Street in Prairie Bend 1st Addition to $5,100 and the release of the balance upon payment of the remaining outstanding special assessments. (Motion carried under the Consent Agenda.) Mark McNeill explained that there are a number of issues to discus which are otherwise too lengthy to be discussed at a regular Council meeting. For this reason workshop meeting dates need to be scheduled. The Downtown Signage Study, the County Road 42 Corridor Study, and the Citywide Signage Study will be discussed in a workshop session on October 26th, 1998, at 4:30 p.m. Mark McNeil reported that because of staffing issues at Deloitte and Touche, they will not be able to perform the 1998 audit and the City needs to select a new auditing firm for the 1998 audit. Deloitte & Touche has suggested making it a requirement in Shakopee's request for proposals that the CPA firm that is chosen have a minimum of three Minnesota city clients which have a GFOA Certificate of Excellence in Financial Reporting. Council direction is requested on how to proceed with the selection process. Alternatives include: 1) Request that the State Auditor perform the audit. However, this is not recommended due to the cost and the level of detail that the state audits, 2) Choose a firm based on recommendations of staff/Council committee, and 3) Do an RFP process with staff or a staff/council committee evaluating the RFP's and recommending a firm to Council. There was a consensus that staff will contact Deloitte & Touche regarding an extension of one year in order to provide ample time to go through the selection process. In the meantime, Cncls. Sweeney and Amundson, along with Mark McNeill and Gregg Voxland will begin working on an RFP process to recommend a firm to the Council. Official Proceedings of the October 6, 1998 Shakopee City Council Page -13- 15.E.13. 1998 Pay Plan Revisions was taken out of the regular order on the agenda. Mark McNeill explained that the City adopted a new pay plan in 1996, to address inequities in the previous plan. The new pay plan was adopted and resolved some of the problems, but generated other concerns. After a review, the Minnesota Department of Employee Relations upheld the City's plan as being internally equitable. One of the major concerns, however, was that certain position's pay were not competitive when compared to the external market. The City Council discussed this market factor as it related to the current pay plan. It was the consensus of the Councilmembers to look into the market factor, and, the FY 98 budget included money for studying this issue. Several individual positions were also looked at as well, to see if reclassifications for the purpose of compensation adjustments should be made. After meeting with representatives of Labor Relations Associates (LRA), it was determined that one of the problems with the existing plan was that there is too wide of a gap between established pay grades. LRA recommends that the pay grades be split, leaving a 7% difference between top steps. The market factor was also examined. The best source of comparisons for Twin City municipal jobs is the Stanton Survey. LRA recommended that top steps be compared, and that the City Council consider a policy which would make top steps for Shakopee positions between 95% and 105% of the Stanton Group Six cities. The 1998 adjusted salary maximum for the City jobs was compared to the Stanton Group Six maximum. This identified those positions outside of the 95% to 105% corridor. After the 1998 pay plan was split into additional grades, adjustments were made which placed those positions' salary as of the end of 1998, at the next highest step. There are a number of variations that could take place, all of which will impact the total cost of implementation. There are also several individual considerations to be made as they relate to job classifications. The new revised plan does not provide for a difference between exempt and non- exempt employees. Assuming a 3% cost of living increase for 1999; the cost of implementing the new split grade plan would be approximately $17,320. Any changes to Police and Public Works other than 3% would be in addition to the above amount. The best estimate for the option of keeping employees being assigned to a new pay range, at their previous step, would be in the $60,000 to $70,000 range for implementation. It is recommended that employees being assigned a new pay range move up to the next highest step above their current pay rate. A discussion ensued regarding the proposed step changes and pay ranges. Sweeney/Amundson moved to direct the City Administrator to assure the Councilmembers and staff that the pay plan has people at least at 95% but not more than 105% of the Stanton Survey for Group VI cities. Motion carried unanimously. Official Proceedings of the October 6, 1998 Shakopee City Council Page -14- Sweeney/DuBois moved to direct the City Administrator to work with the split grade pay plan option. Motion carried unanimously. A recess was taken at 10:26 p.m. for the purpose of conducting an executive session to discuss labor negotiations and matters permitted under attorney-client privilege relating to special assessment appeals. Mayor Brekke re-convened the meeting at 10:56 p.m. No action was taken during the executive session. Amundson/Link moved to adjourn to October 13, 1998, at 6:00 p.m. Motion carried unanimously. The meeting was adjourned at 10:56 p.m. Ctkea .0)6_ J dith S. Cox City Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE,MINNESOTA OCTOBER 13, 1998 Mayor Brekke called the meeting to order at 6:00 p.m. with Councilmembers Amundson, Link and DuBois present. Cncl. Sweeney was absent. Also present were Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; and Dan Hughes, Chief of Police. Also present from Jackson Township were Supervisors Norbert Theis, Jerry Mareck and Joseph Worm;Rose Menke, Town Clerk; and Kathy Bongard, Scott County Planner. Mayor Brekke added Juvenile Accountability Incentive Block Grant to the agenda under 3b. Amundson/Link moved to approve the agenda as modified. Motion carried unanimously. DuBois/Link moved to authorize the hiring of Bonnie E. Mauritz as Building Inspections Secretary at $13.92/hr. Step 4, Grade H of the 1998 Pay Plan, effective October 19, 1998; subject to successful pre-employment physical and background check. Motion carried unanimously. Chief Hughes explained that the grant will provide $5,926 to help reform the juvenile justice system and to provide greater accountability for juveniles involved in the juvenile or criminal justice system with a$658.00 match by the City. Additional funds are available if neighboring jurisdictions participate. Link/DuBois moved to authorize the Police Department to make application to the Minnesota Department of Economic Security, Office of Youth Development, for a $5,926 Juvenile Accountability Incentive Block Grant. Motion Carried unanimously. Mr. McNeill explained that staff met with members of the Jackson Town Board last month and that it was thought that it would be appropriate to have this joint meeting to share with the City Council the issues that were discussed. With the aid of maps, Mr. Leek pointed out the areas in Jackson Township and Shakopee that were adjacent to one another. He said that certain land in the Township has been identified as urban reserve in anticipation of urbanization. The Township has identified the extension of sanitary sewer to this area in 2005. Shakopee's Comp Plan identifies MUSA expansion to this area in 2010. Mr. Leek stated that one major issue for discussion for this evening is this discrepancy. Mr. Leek stated that the second issue for discussion tonight relates to transportation. Shakopee is developing 17th Avenue, and construction west into Jackson Township is a jurisdictional issue. It was noted that the area under discussion is approximately one section of land located west of CR- 79 in Jackson Township. Norbert Theis stated that if the City desires Jackson to keep the area urban reserve than Shakopee needs to put the area within the MUSA. Official Proceedings of the October 13, 1998 Shakopee City Council Page -2- Mr. Leek stated that if the City makes changes to their draft Comprehensive Plan to put area in Jackson in MUSA in 2005 versus 2010, then we need to decide what area on the east will come out of MUSA. Mr. Theis stated that there are parts of two sections proposed in urban reserve which equal about one total section. Mr. Theis stated that if the City annexes property, than it should be developed within two years, not just sit on it. Mayor Brekke stated that he wasn't comfortable addressing the area in Jackson Township without an annexation agreement. He said that an orderly annexation agreement would allow for the planning of the area. Discussion followed on the procedure for creating an orderly annexation agreement. Mr. Leek stated that the City's Comp Plan could be submitted to Met Council with a notation that the City and the Township are embarking on a plan for orderly annexation. Mr. Leek summarized the action needed: 1) Identify and compile the process for an orderly annexation process. 2) Authorize process for orderly annexation. 3) Revise the City's Comp Plan to include the urban reserve area in Jackson Township. Kathy Bongard offered to make copies of orderly annexation agreements involving other townships available as basis to start an agreement for Jackson and Shakopee. She also indicated that she would communicate to Metropolitan Council that the Township and the City are working on an agreement as part of the County planning process. Mayor Brekke thanked everyone for being present for the discussion. Mayor Brekke updated the Council on the application for land to be placed into trust by the Community. He said that the City intends to repeat the offer to meet with the Tribe to discuss and help meet their goals. We want to have dialogue with them. They own land in Shakopee and are a major employer. Mayor Brekke adjourned the meeting to Tuesday, October 20, 1998, at 7:00 p.m. The meeting adjourned at 7:23 p.m. ,kik d Judith S. Cox (9ty Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 13, 1998 Mayor Brekke called the meeting to order at 6:00 p.m. with Councilmembers Amundson, Link and DuBois present. Cncl. Sweeney was absent. Also present were Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; and Dan Hughes, Chief of Police. Also present from Jackson Township were Supervisors Norbert Theis, Jerry Mareck and Joseph Worm;Rose Menke, Town Clerk; and Kathy Bongard, Scott County Planner. Mayor Brekke added Juvenile Accountability Incentive Block Grant to the agenda under 3b. Amundson/Link moved to approve the agenda as modified. Motion carried unanimously. DuBois/Link moved to authorize the hiring of Bonnie E. Mauritz as Building Inspections Secretary at $13.92/hr. Step 4, Grade H of the 1998 Pay Plan, effective October 19, 1998; subject to successful pre-employment physical and background check. Motion carried unanimously. Chief Hughes explained that the grant will provide$5,926 to help reform the juvenile justice system and to provide greater accountability for juveniles involved in the juvenile or criminal justice system with a$658.00 match by the City. Additional funds are available if neighboring jurisdictions participate. Link/DuBois moved to authorize the Police Department to make application to the Minnesota Department of Economic Security, Office of Youth Development, for a$5,926 Juvenile Accountability Incentive Block Grant. Motion Carried unanimously. Mr. McNeill explained that staff met with members of the Jackson Town Board last month and that it was thought that it would be appropriate to have this joint meeting to share with the City Council the issues that were discussed. With the aid of maps, Mr. Leek pointed out the areas in Jackson Township and Shakopee that were adjacent to one another. He said that certain land in the Township has been identified as urban reserve in anticipation of urbanization. The Township has identified the extension of sanitary sewer to this area in 2005. Shakopee's Comp Plan identifies MUSA expansion to this area in 2010. Mr. Leek stated that one major issue for discussion for this evening is this discrepancy. Mr. Leek stated that the second issue for discussion tonight relates to transportation. Shakopee is developing 17th Avenue, and construction west into Jackson Township is a jurisdictional issue. It was noted that the area under discussion is approximately one section of land located west of CR- 79 in Jackson Township. Norbert Theis stated that if the City desires Jackson to keep the area urban reserve than Shakopee needs to put the area within the MUSA. Official Proceedings of the October 13, 1998 Shakopee City Council Page -2- Mr. Leek stated that if the City makes changes to their draft Comprehensive Plan to put area in Jackson in MUSA in 2005 versus 2010, then we need to decide what area on the east will come out • of MUSA. Mr. Theis stated that there are parts of two sections proposed in urban reserve which equal about one total section. Mr. Theis stated that if the City annexes property, than it should be developed within two years, not just sit on it. Mayor Brekke stated that he wasn't comfortable addressing the area in Jackson Township without an annexation agreement. He said that an orderly annexation agreement would allow for the planning of the area. Discussion followed on the procedure for creating an orderly annexation agreement. Mr. Leek stated that the City's Comp Plan could be submitted to Met Council with a notation that the City and the Township are embarking on a plan for orderly annexation. Mr. Leek summarized the action needed: 1) Identify and compile the process for an orderly annexation process. 2) Authorize process for orderly annexation. 3) Revise the City's Comp Plan to include the urban reserve area in Jackson Township. Kathy Bongard offered to make copies of orderly annexation agreements involving other townships available as basis to start an agreement for Jackson and Shakopee. She also indicated that she would communicate to Metropolitan Council that the Township and the City are working on an agreement as part of the County planning process. Mayor Brekke thanked everyone for being present for the discussion. Mayor Brekke updated the Council on the application for land to be placed into trust by the Community. He said that the City intends to repeat the offer to meet with the Tribe to discuss and help meet their goals. We want to have dialogue with them. They own land in Shakopee and are a major employer. Mayor Brekke adjourned the meeting to Tuesday, October 20, 1998, at 7:00 p.m. The meeting adjourned at 7:23 p.m. Judith S. Cox Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 13, 1998 Mayor Brekke called the meeting to order at 6:00 p.m. with Councilmembers Amundson, Link and DuBois present. Cncl. Sweeney was absent. Also present were Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; and Dan Hughes, Chief of Police. Also present from Jackson Township were Supervisors Norbert Theis, Jerry Mareck and Joseph Worm;Rose Menke, Town Clerk; and Kathy Bongard, Scott County Planner. Mayor Brekke added Juvenile Accountability Incentive Block Grant to the agenda under 3b. Amundson/Link moved to approve the agenda as modified. Motion carried unanimously. DuBois/Link moved to authorize the hiring of Bonnie E. Mauritz as Building Inspections Secretary at $13.92/hr. Step 4, Grade H of the 1998 Pay Plan, effective October 19, 1998; subject to successful pre-employment physical and background check. Motion carried unanimously. Chief Hughes explained that the grant will provide$5,926 to help reform the juvenile justice system and to provide greater accountability for juveniles involved in the juvenile or criminal justice system with a$658.00 match by the City. Additional funds are available if neighboring jurisdictions participate. Link/DuBois moved to authorize the Police Department to make application to the Minnesota Department of Economic Security, Office of Youth Development, for a $5,926 Juvenile Accountability Incentive Block Grant. Motion Carried unanimously. Mr. McNeill explained that staff met with members of the Jackson Town Board last month and that it was thought that it would be appropriate to have this joint meeting to share with the City Council the issues that were discussed. With the aid of maps, Mr. Leek pointed out the areas in Jackson Township and Shakopee that were adjacent to one another. He said that certain land in the Township has been identified as urban reserve in anticipation of urbanization. The Township has identified the extension of sanitary sewer to this area in 2005. Shakopee's Comp Plan identifies MUSA expansion to this area in 2010. Mr. Leek stated that one major issue for discussion for this evening is this discrepancy. Mr. Leek stated that the second issue for discussion tonight relates to transportation. Shakopee is developing 17th Avenue, and construction west into Jackson Township is a jurisdictional issue. It was noted that the area under discussion is approximately one section of land located west of CR- 79 in Jackson Township. Norbert Theis stated that if the City desires Jackson to keep the area urban reserve than Shakopee needs to put the area within the MUSA. Official Proceedings of the October 13, 1998 Shakopee City Council Page -2- Mr. Leek stated that if the City makes changes to their draft Comprehensive Plan to put area in Jackson in MUSA in 2005 versus 2010, then we need to decide what area on the east will come out of MUSA. Mr. Theis stated that there are parts of two sections proposed in urban reserve which equal about one total section. Mr. Theis stated that if the City annexes property, than it should be developed within two years, not just sit on it. Mayor Brekke stated that he wasn't comfortable addressing the area in Jackson Township without an annexation agreement. He said that an orderly annexation agreement would allow for the planning of the area. Discussion followed on the procedure for creating an orderly annexation agreement. Mr. Leek stated that the City's Comp Plan could be submitted to Met Council with a notation that the City and the Township are embarking on a plan for orderly annexation. Mr. Leek summarized the action needed: 1) Identify and compile the process for an orderly annexation process. 2) Authorize process for orderly annexation. 3) Revise the City's Comp Plan to include the urban reserve area in Jackson Township. Kathy Bongard offered to make copies of orderly annexation agreements involving other townships available as basis to start an agreement for Jackson and Shakopee. She also indicated that she would communicate to Metropolitan Council that the Township and the City are working on an agreement as part of the County planning process. Mayor Brekke thanked everyone for being present for the discussion. Mayor Brekke updated the Council on the application for land to be placed into trust by the Community. He said that the City intends to repeat the offer to meet with the Tribe to discuss and help meet their goals. We want to have dialogue with them. They own land in Shakopee and are a major employer. Mayor Brekke adjourned the meeting to Tuesday, October 20, 1998, at 7:00 p.m. The meeting adjourned at 7:23 p.m. •p Judith S. Cox Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 7, 1998 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Deb Amundson, Jane DuBois, Cletus Link and Bob Sweeney present. Those absent: None. Also present were Mark McNeill, City Administrator; Gregg Voxland, Finance Director and Greg Sticha, Accountant. Mayor Brekke opened the public hearing on the 1998/1999 tax levy and budget. Bob Sweeney took the podium to present the Truth in Taxation information. Mr. Sweeney stated that the presentation would consist of explaining how property taxes are arrived at, comparative properties, the budget and miscellaneous information. Using the property tax statement for his residence as a guideline, Mr. Sweeney noted that the 1999 city taxes increased by 8.51%, the taxable market value increased by 5.74% and the tax capacity increased by 5.86%. Mr. Sweeney noted that overall, there was a decrease in total tax of 9.6%. He stated the assessor sets the market value and that certain guidelines must be followed. Mr. Sweeney further stated that the market value and tax capacity are not controlled by the City Council. He explained that the taxing capacity is calculated as follows: The first $75,000 of market value is multiplied by 1% and the remaining portion of the market value is multiplied by 1.7%. The two amounts combined then equal the tax capacity of the property. The City Council then determines the tax levy for the City to provide services, i.e. police, fire, etc. Mr. Sweeney noted that during 1998 the City did not collect a transit tax, however, in 1999, the City would be collecting transit tax. He also noted that an EDA levy would be collected. Due to these factors, Mr. Sweeney stated that the overall tax capacity rate increased. Mr. Sweeney stated that the Finance Department had kept track of four properties representing various types of properties within the City for many years in order to provide a comparison from year to year. He presented a graph showing the changes in residential levy impact and market value for the four properties. Mr. Sweeney also showed the difference between the tax capacity rate parts of residential and commercial properties. He noted that the larger the market value is, the smaller the tax capacity rate is because the state legislature adjusted the tax capacity rate multiplier. Regarding the budget, Mr. Sweeney presented a pie chart showing where City tax dollars are spent. The chart indicated that 85% of the City tax dollars went to operations such as police, fire, etc. Mr. Sweeney also showed a pie chart breaking down the dollar use of the operations portion of the budget and a graph comparing the 1998 and 1999 General Fund expenditures. Mr. Sweeney stated that the budget showed that the City was spending more than it was taking in, however, there are other sources of revenue such as the public utility contribution to even out the deficit. Mr. Sweeney stated that in 1999, the City expected to have 74 full-time employees if all budgeted positions were filled. This amounted to one City employee for every 232 residents which was a decrease from 1998 when the City was able to have one employee for every 238 residents. Official Proceedings of the December 7, 1998 Shakopee City Council Page -2- Mr. Sweeney presented graphs comparing the 1998 and 1999 Combined Budget Summary and noted that the Total Government Funds column included such items as assessments which are not collected in taxes. He also noted that revenue from Enterprise Funds was not included in the Combined Budget Summary. Mr. Sweeney explained that Enterprise Funds were those funds that consisted of people paying for using a service, such as electricity. Mayor Brekke asked if there was anyone in the audience who wished to speak. There was no response. Mayor Brekke then closed the public hearing. He announced that the tax levy and budget would be adopted at a hearing on December 15, 1998 at 7:00 p.m. Mayor Brekke thanked Mr. Sweeney for his excellent presentation. Mayor Brekke requested that the Work Session which was scheduled for December 9, 1998 at 4:00 p.m. be held at this time. Therefore, a recess was taken at 7:50 p.m. The meeting resumed at 7:53. Art Bannerman, Scott County Commissioner, approached the podium. He stated the grand opening of the Scott County Justice Center is scheduled for December 12 from 11:00 a.m. to 3:00 p.m. Tours and refreshments will be provided. He also stated that he had attended a meeting regarding utilities and that proposed changes could make a significant impact on the City and County. Mark McNeill stated that the issue should be followed. Mayor Brekke stated that as an employee of Minnesota Valley Electric Cooperative, he would need to refrain from any discussion. Mr. Bannerman also stated a meeting would be held this Thursday evening regarding the City and County overlapping jobs and how more efficiency could be reached. The Council entered the Work Session. Gregg Voxland reviewed his December 2, 1998 memorandum regarding utility rates. Regarding the Sewer Fund, Mr. Voxland stated that the Council may want to increase the trunk charge for construction inflation. Mr. Voxland stated that the Council may also want to consider an inflationary increase for the City SAC. Mr. Voxland also stated that many of the old sewer pipes were not on the depreciation schedule and therefore, the accumulated depreciation was understated. Mr. Voxland did not recommend any changes in the base fee. As to the flow fee, Mr. Voxland stated that infiltration from flooding is a significant cost. He did not recommend any rate changes. Mr. Voxland added that it appeared there may be enough TIF money to pay off the Chaska Interceptor in two years. Mayor Brekke stated he was in favor of looking at the flexibility of using TIF dollars and suggested that the city attorney look at viable options regarding using those dollars. Bob Sweeney stated that the sewer pipes are old and that needs to be taken into account. Official Proceedings of the December 7, 1998 Shakopee City Council Page -3- Mr. Sweeney stated that he would be reluctant to move much money without looking at what was needed in the future. Sweeney/DuBois moved to direct staff to prepare the appropriate resolutions regarding the Sewer Fund rates for adoption at the December 15, 1998 City Council meeting. Motion carried unanimously. Regarding the Storm Fund, Mr. Voxland recommended that the trunk charge be adjusted for construction inflation. Mr. Voxland also recommended a 4-6% increase in the base fee and noted that commercial properties would be hit harder by a bigger increase. Sweeney/Link moved to direct staff to prepare the appropriate resolutions regarding the Storm Fund rates consistent with staff recommendation for adoption or change at the December 15, 1998 City Council meeting. Motion carried unanimously. A memo from Paul Snook regarding development issues at Shakopee Town Square and River City Center was received. Sweeney/Amundson moved to adjourn to Tuesday, December 15, 1998, at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 8:17 p.m. Respectfully submitted, 41U.aft�4t. O .ith y Clerk Janet Vogel Freeman Recording Secretary r CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: December 30, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 12/30/98 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) and Seagate (codes 6654 & 9450 including Canterbury Drive) in the amount of $2, 912 . 00 . Action Requested Move to approve the bills in the amount of $724, 875 . 55 . • CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/30/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 258,619 0 -0 0 11 MAYOR & COUNCIL 75,330 2,862 67,173 89 12 CITY ADMINISTRATOR 225,000 11,978 165,778 74 13 CITY CLERK 182,430 11,059 164,895 90 15 FINANCE 326,090 17,933 295,048 90 16 LEGAL COUNSEL 263,500 19,813 244,660 93 512,700 42,333 480,965 94 17 COMMUNITY DEVELOPMENT 103,675 70 18 GENERAL GOVERNMENT BUILDINGS 148,390 9,230 31 POLICE 1,812,370 130,454 1,662,028 92 32 FIRE 486,860 34,558 434,262 89 33 INSPfiCTION-BLDG-PLMBG-HTG 261,400 24,119 248,398 95 41 ENGINEERING 417,790 28,924 389,977 93 42 STREET MAINTENANCE 1,213,580 32,027 910,705 75 44 SHOP 125,890 11,207 107,801 86 46 PARK MAINTENANCE 430,960 17,166 370,698 86 91 UNALLOCATED 1,944,530 3,392 378,218 19 TOTAL GENERAL FUND 8=6283=4339 397,056a76a=02$42 ,281 369 17 COMMUNITY DEVELOPMENT 485,570 31,649 378,842 78 TOTAL TRANSIT 485,570 31,649 3783i42 -78 33 19 EDA 156,600 45,490 123,033 79 TOTAL EDA 156,600 45,490 123,03333 379 H N ' M 4 a 1 0 00000000000000 0 0 H H H HHH H H H H H IX W 003 041 o 0, z O1 MMM Es W mmmmmmmmmmmmmm MMM z U 0101010101O101Q\m MM 00101 >4 M MMM W H U) . . . • • • • • • • • • • • LI) W 0 M M U)LI) X N CO U 0 10 10 W d' H H H 01 a 10 10 0�y M 00000000000000 s m LI) tO m O NNN N N H H 0 in N U) H N WWWWWWWWWWWWWW O O Co H AAA 10 O QL O O N AAAAAAAAAAAAAA o 0 rj m d' CaCz.Cz. 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N 4/)- 4A f4A 4/1. 4/1- fz H H H H E+ a a E-4 o w r z H a X w o a x w a w H z H Z °a a `� H �a o ft.a X W W rC p' E-1 �� g Cu H X Q H H C4 04 V1 �1 H H /.G Ul z CO1 x w a C�1 tia zH� o r U ca. Ea-' w H a,a. u H rH w H H U) a a w U W H d+ 111 01 0 H ao H CO 01 0 0 0 0 0 0 U 0 H H N N N M d' d' U1 H M d' U1 d' 0 H H M d'' d' d• d' d' d' d' N N N N CO H 4t 7k 3t 4t 3t 4k k it it *t 4k it * *t w Cu Cu w Cu Cu 04.1 w w w w w Cu Cu /s . A. /. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Petition and Ordering Feasibility Report for McGuire Circle and McGuire Court in Riverview Estates DATE: January 5, 1999 INTRODUCTION: Staff has received a petition for a paving improvement for McGuire Circle and McGuire Court within the plat of Riverview Estates. This agenda item is to consider the petition and to decide whether to order a feasibility report at this time. BACKGROUND: The residents on McGuire Circle and McGuire Court in the plat of Riverview Estates have submitted an attached petition for a paving project on these streets, which are existing bituminous surfaced rural roads. The existing pavement is severely deteriorated and the proposed project would be to reconstruct the street pavement section. This area does not have municipal sanitary sewer and water service and it may be several years before those utilities are extended and available to this area. Staff has checked the petition and has determined that the improvements requested are benefiting 12 lots and owners of 10 lots within Riverview Estates have signed the petition. However, several properties did not have husband and wife sign the petition, thus only 4 lots out of 12 lots had all property owners sign the petition. Per Chapter 429 procedures, a project can be initiated by petition if more than 35% of the property owners affected by the improvement project sign the petition. In addition, staff believes the paving of Muhlenhardt Road from County Road (C.R.) 16 to McGuire Circle should be included in a feasibility report for consideration of this improvement project. The reason for this inclusion is that the only street access to Riverview Estates is from Muhlenhardt Road which is a gravel surfaced road at this time. The issues with this agenda item is whether or not to order a feasibility report for McGuire Circle and McGuire Court only or to order a feasibility report for the reconstruction of McGuire Circle and McGuire Court and also improving Muhlenhardt Road from C.R. 16 to McGuire Circle or some other alternative. Staff has had an interest from some of the property owners to include Muhlenhardt Road. However, the main emphasis from the residents is to reconstruct McGuire Circle and McGuire Court at this time. If a project is ordered, staff is recommending that the project proceed based on a Council initiative,versus utilizing the petition for the following reasons: • The petition improvement is for paving only and no other improvements can be done than what the petition has stated. • The City on a reconstruction project such as for McGuire Circle and McGuire Court will be paying for 75% of the project cost,with 25% of the project assessed. • A City initiated project requires an extraordinary majority to approve the project, while a petitioned initiated project requires only a simple majority. Most reconstruction projects are City initiated projects. • The petition signatures do not have all of the real property owners signing the petition, thus it is under the required 35% of property owners necessary for a valid petition initiated project. This project was included in the 1999 CIP and attached is the project worksheet and budgeting cost estimates. Terry and Carol Kanitz were the circulators of the petition and will be at the Council meeting to discuss the project and the neighborhood concerns. The property owners in Riverview Estates have shown an interest in reconstructing McGuire Circle and McGuire Court by signing the petition. Staff is proposing to include Muhlenhardt Road paving for the reasons that this is the only access for Riverview Estates, and this roadway is a higher than normal maintenance roadway due to the steepness of grade for this gravel road. Attached is a memo from the Public Works Supervisor on the cost of maintaining Muhlenhardt Road in this area. Staff has included three alternative maps for Council's review as follows: 1. Improve Muhlenhardt Road from McGuire Circle to C.R. 16 2. Improve Muhlenhardt Road from Horizon Drive to McGuire Circle 3. Improve Muhlenhardt Road from Horizon Drive to C.R. 16 4. Do nothing to Muhlenhardt Road Staff will discuss these alternatives with Council further at the Council meeting. ALTERNATIVES: 1. Move to approve a resolution ordering the preparation of a feasibility report for an improvement to McGuire Circle and McGuire Court, within the plat of Riverview Estates. 2. Move to approve a resolution ordering the preparation of a feasibility report for McGuire Circle, McGuire Court and Muhlenhardt Road within the plat of Riverview Estates. 3. Move to approve a resolution ordering the preparation of a feasibility report for McGuire Circle and McGuire Court within the plat of Riverview Estates and for Muhlenhardt Road from C.R. 16 to Horizon Drive. 4. Table for additional information. 5. Do not approve a resolution and deny any further consideration of this project. 6. Direct staff to have a new petition submitted that contains the required property owner signatures for a petition initiated project. RECOMMENDATION: Staff recommends that Council discuss the alternatives and provide staff direction on the scope of a feasibility report. If a feasibility report is ordered, it should be a Council initiated proceeding and should include the paving of Muhlenhardt Road within the plat of Riverview Estates as well. In 1990, a feasibility report was prepared on Muhlenhardt Road, and updating the costs and reviewing the assessment procedures would be appropriate, since this road is the only connector street to McGuire Circle and McGuire Court. Also, this stretch of road is a very high maintenance road. This report, if ordered, will be done by City staff. ACTION REQUESTED: Discuss the alternatives and provide staff with direction on the feasibility report study area. Staff will have alternative resolutions prepared by the January 5, 1999 Council meeting. Bruce Loney Public Works Director BL/pmp MEM5049 MUHLENHARDT ROAD Memorandum TO: Bruce Loney, Public Works Director FROM: Michael Hullander,Public Works Supervisor SUBJECT: Annual Maintenance Costs for Muhlenhardt Road DATE: December 28, 1998 INTRODUCTION: The Public Works Department has calculated the annual maintenance costs for Muhlenhardt Road. These are estimates for 1997, 1998 and an estimate for 1999. BACKGROUND: Due to the steep grades and a lack of adequate ditching for storm water run-off, the Public Works Department uses a large amount of equipment and labor hours in order to maintain the gravel road surface. From March 26, 1997 through November 6, 1997, our department graded the roadway on ten occasions. The Public Works Department, occasionally due to heavy rainfalls, has to remove gravel from the ditches and clean up the gravel that washes down the roadway and accumulates at the base of the roadway and County Road 16. The gravel is then loaded back onto trucks and hauled back up the hill and re-graded. This occurs an average of twice per year. In 1997 this was done on June 20th and July 3rd. When the gravel has to be cleaned up and hauled it requires the use of half of our workforce plus equipment(grader, loader,bobcat and two trucks). Muhlenhardt Road Maintenance Costs for 1997 Grading $1,850.00 Clean Up &Haul $2,892.00 TOTAL $4,742.00 Muhlenhardt Road Maintenance Costs for 1998 Grading $1,017.50 Clean Up &Haul $2,428.00 TOTAL $3,445.50 In 1999 the Public Works Department will have to add approximately 300 tons of new aggregate to improve the road surface. This should be done every three to five years due to aggregate breakdown and loss from normal traffic usage, weather conditions and winter road maintenance. Muhlenhardt Road Maintenance Costs for 1999 Grading $1,200.00 Clean Up &Haul $2,500.00 Haul & Grade New Aggregate $3,800.00 TOTAL $7,500.00 These estimates are based on the Fee Schedule and the Public Works annual labor diaries. The Public Works Department feels we provide a reasonable amount of maintenance to this roadway, and we still receive numerous complaints throughout the year from the residents about the condition of Muhlenhardt Road. CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS Date 41 a3'9 e We, the undersigned, owners of the following described real property, abutting on the proposed improvement and benefitted thereby, hereby petition the City Council of the City of Shakopee,for the following public improvements: �-} p F... PA-vi A/A LfltAGK 7-6, `ISP/i�� 4 a/( & Vii'&1 'STS MC141 1 e2' Cov(T d- on/1'f C ePt/ I 22z- CP/LX---t- -Street/Avenue,between ^--- Street/Avenue and Street/Avenue,and request that the same be made - qq during the year 114 c -f In making this petition the undersigned understands that the City of Shakopee, its agents or employee cannot guarantee the amount of an assessment until a feasibility study of the improvements has been prepared and accepted by City Council in accordance with MSA Chapter 429. PETITIONER LEGAL DESCRIPTION VA/07(5?-6" ,T_6fLI/rPak/ Pa53`4"/25 — / i_era, Be-.ode t,ovacua✓tar.� 's es-4-3 71c61..hR6 CieoLF Loi..2.,131-o etc r, e,voar/,ea/esr' ms _i, '— _ M3 Mc.64,i,e4 C:,eece• I, $SSD /vicLi,'re Cede- eariob t ,/gi , g 621 /lie Aief 00DR:I ceicilf, , _ ' 4, , ,,_ Ze ti s / - 'AI 0.4-4--fi�� 1/� 4?-e F SW Xle6c,(2A N. _ ��� \ , g1,- .,. m c, ,,Q C.9Z'. q,.... 1 //l / �_,__ `6 fo 1 3 `ti'�1�,c, v T w. _ 23.Z ‘i'lc-G.,,,, (4-- —1 } s?l 1 Ac_6u etwt I hereby,verify that I circulated the above petition and that the above signatures of the property owners and petitioners were affixed in my presence. iiii."--/ d26 - Circulator c �3�© pet.sa 1(9 ^ 0 o I • atic 4. d 0 r is o 3 o_ o co .0 N .0 a) 0 O ,r R 0 "El N 771 U c 13 wLR « > ,a? N O • • a) o CO 7, CO 17 0 0 O N N 0 V 00 ..O co O N t0 O. 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E tn �� � � - 11-1 .2) ,-- cE / 6 0 w 1° a) c N ` c .. a-cO d Y C CO :; 0 O t3 2 O.as o acro o as R m �`v 6. 0 :9 ai 0 0 0 $ $ 0 � a) m ,L -Jv � w u. (9 () F-• ac9ocn ¢ 00co (0v) v) �-- "o 0. Q m 7-83 IIIMILW'.1lik m Ra , 1 ca , 7 9 iiiiiii6 4 5 3 4 VCG I ' - 10IlliCe: 3 C � 8Illpir 8 n 6 / - <<\ 2 CY NO12 1 10 14 CV 15 13 Q VT C RD , 16 / n; L� 4 3 o 1--1 = ilitNSE r 2 �-+ > 11 LflU1. 7_ 1 -40 = 6 4 10 çç 9 8 HIRIZI \ DR? \, ti & /\ ALTERNATIVE 1 IMPROVE MUHLENHARDT RD . PalaAl NO SCALE FROM McGUIRE CIR . TO CO . RD . 16CCUMUNTYPIEEMER 1 CO , Ili ,, RID ' 1 7 9 6 V 5 3 4 u C G I ,' 10 War, 3 IN C 8 ipir 8 Q /7 \ 2 CY 1 r 12 1 10 n 14 (Y 15 13 Q T C R2 16 / - � 4 1-13 (Y NU = 11P NC�c 2 � I D 1 T Co(J 1 fY > , T c] 6 4 10 I 9 8 HORIZON D lyjV E ca\ c2' /\ ALTERNATIVE 2 MP IMPROVE MUHLENHARDT RD . WU! SHAKOPENO SCALE FROM McGUIRE CIR . TO HORIZON DR. 2F co, lit: . ,, — , RD , dv6 ______._._._._________. 7 9 6 Irr 5iii , 3 4 VCG I ' - 10 Wilk•®= 3 C 8 8 n 2 6 11 2 n' C �/ 12 9 0 ` �- 1 ~ 10 n 14 (l' 15 13 Q T C - , R1 , 16 / Li 4 3 N , = � SE 2 U ) 11 `' COO. 1 ry�- Z l 6 4 10 I 9 g HERIZD\ .Dl� \ cO‘ ALTERNATIVE 3 IMPROVE MUHLENHARDT RD . PillatAl SHAKOPEE NO SCALE FROM CO . RD . 16 TO HORIZON DR . °°'"°."-mmis° r-. CITY OF SHAKOPEE 24 Hour Traffic Volume Report NORTH DATE PREPARED: 6-15-98 276 1! a 0 0 McGUIRE CIRCLE • 152 South of McGuire Circle — (152) 35.5% North of McGuire Circle — (276) 64.5% STREET MUHLENDHARDT ROAD IN SHAKOPEE FROM 6-9-98 TO 6-11 -98 SOURCE Traffic Counts = H❑RIZ❑N b. MI I CIR. nN C; r 0 'T' z MUHLENHARDT RD. 1111 5 - ' 8 1 N, (A G -1 --------- (/) (f) -- \ n 70 G7 � ti %let 01 -±- -0 2 NIP' ,:,,, .‘ u , `-- C 1 C‘. L _, -< mT7 71 ,__, _ N w\ \ oil O to.,,,...., O 4 r z 73 m co › (-) i - "Loma A_ 11, __, r z H❑RIZ❑N ME IIII I t^) = p o CIR. V! m z (J) z z MUHLENHARDT RD. III 0 O = -0 - . -7 N Mai G -1 m o 8 _ M _ b ars) Mill ti 1 L„,\.. Man -,_-> 0, w ik rm D 73 1- z i- v) '' ' 70 . g , to 0_, or 4111 .. W\ N J ) 5 . RESOLUTION NO. 5049 A Resolution Declaring Adequacy of Petition And Ordering The Preparation Of A Report For McGuire Circle And McGuire Court Within The Plat Of Riverview Estates WHEREAS, A certain petition requesting the improvement of McGuire Circle and McGuire Court within the plat of Riverview Estates has been filed with the Council on January 5, 1999, is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429.035; and WHEREAS, this petition is hereby referred to the City Engineer and the City Engineer is instructed to report to the Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk Is X6 . 1. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews SUBJECT: BDM, LLC. Appeal of BOAA's Decision Regarding Variance to setbacks from Residential Zone MEETING DATE: January 5, 1999 ATTACHMENTS: Attachment A:. 12/11/98 Letter from George Daniels,BDM LLC Attachment B: 12/11/98 Letter from Loucks&Assoc. Attachment C: 12/14/98 Site Plan Attachment D: 12/3/98 Staff report to the BOAA INTRODUCTION: At its December 3rd, 1998 meeting,the Board of Adjustment and Appeals voted 7-0 on a motion to deny a 45 foot variance to the 75 foot setback to the west and a 55 foot variance to the 75 foot setback to the north with findings as proposed by staff. On December 11, 1998, staff received an Appeal application and letter from George Daniels, BDM, LLC.(owner), and Loucks and Associates(owner's consultant). With the Appeal application,the applicant has reduced the requested Variances to one 38 foot Variance on the north side. No Variance is requested on the west side under this request. (See Attachment C) A copy of the staff report to the Board of Adjustments and Appeals is also attached for reference(Attachment D) ACTION REQUESTED: Make a motion to either deny the Appeal request for a 38 foot Variance to the north property line or approve the Appeal request for a 38 foot Variance to the north property line and direct staff to draft a resolution consistent with that determination. Jared D. Andrews Planner I • ATTACHMENT A BDM LLC 641 East Lake Street, Suite 208 Wayzata, MN 55391 (612) 476 4036 r D 1 ;1 !49$ Mr. Jared Andrews,Planner I City of Shakopee 129 Holmes Street South Shakopee,MN 55379 RE: Appeal to Shakopee City Council regarding variance for Boulder Ridge Lotl, Blk 3 Dear Jared, We are formally submitting our appeal to the Shakopee City Council relative to our unsuccessful request for a variance from the Board of Zoning and Appeal. Letters supporting our position will be submitted from both our engineer and surveyor, Loucks and Associates, Inc. and Neil Weber Architects. The 16 acre site was rezoned and replatted by BDM LLC. Lot 1, Blk 3 is an interior lot. Sand Companies who purchased the 8 acre residential portion supports our position(letter attached). We are asking the city council to readdress this matter. Thank you for your consideration. Very truly yours, 7 "George Daniels Partner 11 /11 18:13 1998 FROM: 320 202 3139 TO: 1234567 PAGE: 2 11-11-1998 04:30PM •ND COMPANIES INC. • 320 202 3139 P.02 Sand Companies,Inc. 366 South Tenth,Avenue PQ•Box 727 Waite Park, MN 5637-0727 Office: (320) 202-3100 No ember 11, 1998 Fax: (320) 202-3139 E-mail: sci@saricicompan]es.coin Website: www_sandcompares.com Seat Via Facsimile Transmission&Regular US Man Ms Julie Klima { C` of Shakopee 12 Holmes Street South S opee,MN 55379 RE Variance Request-Boulder Ridge. j Ms.Klima: , George Daniels of EDM LLC has mentioned that the City of Shakopee zoning o • nance requires a 75' setback for their proposed shopping center from our residential pro.erty and that 13DM LLC is seeking a variance to reduce this setback from 33' to 45'. We have reviewed their proposed shopping center layout, and we feel the combination of the landscape buffer BDM is proposing and the fact that our road distances our actual • '' 'rigs from the property line,leaves us comfortable reducing the setback as requested. If ou have any questions, please feel free to contact me at (320)202-3100. Sand Co l •ernes, Inc. will be in attendance at the December 3, 1998 meeting if any questions ari from the Board_ S' - y, •.Companies,Inc. Ink ` r e4.Thelen ` E V•4 President of Development Construction • Property Management ♦ Development Equal Opportunity Employer TOTAL P.02 • ATTACHMENT B L 'C�`�I , CIVILANENGINLtrcG • /-,/�`JN_(_7 ENo LAND SURVEYING ^ ENVIRONMENTAL ,Q, 5�� ' nc ARCHAEOLOGY December 11, 1998 itE Mr. Jared Andrews City of Shakopee 129 Holmes Street South Shakopee,MN 55379 Re: Boulder Ridge Shakopee,Minnesota Loucks Project No. 97-132 Dear Mr.Andrews: On behalf of the developer, BDM, LLC, we are appealing the recommendation of the Board of Adjustments and Appeals at their December 4, 1998 meeting. The 16 acre parcel rezoning from Agricultural into two 8 acre parcels zoned R-2 and B-1 was approved by the City on date. The rezoning was based on a layout similar to the current proposal. Rezoning the property allowed mixed uses on the 16 acre parcel. The commercial and residential land uses share the same utilities, ponding and streets. Both uses benefit from this scheme, in reduced cost in developing the parcels together and in convenience to the residents and the businesses. With the rezoning,the 75 foot setback affected the B-1 parcel;however,the intent of the developer was to not encumber the B-1 parcel with the 75 foot setback. The 16 acre parcel plat was approved by the City, with specific uses shown for the B-1 parcel, but not for the R-2 since the specific housing unit design was not yet determined. The platting was based on a layout similar to the current proposal which indicated buildings within the 75 foot setback. The division between the R-2 and B-1 zones were considered internal to the subdivision and part of the overall design;therefore,the 75 foot setback to the residential zoning was not included in the design of these mixed uses. The perimeter of the subdivision does conform to the 75 foot setback to the residential zoning, except for the northeast corner adjacent to the city drainage way,which is zoned residential. The City staff report to the Board of Adjustment and Appeals dated December 3, 1998, listed findings to Criteria 1 and 2,which must be met to grant a variance. The following are responses to those findings. 1.A. The property cannot be put to a reasonable use conforming to the 75 foot setback. The intended use of the lot was to conform to the original layout. To reconfigure the layout conforming to the setbacks would put the building on the south side of the property and the parking on the north side of the property, which is reversed from the proposed layout. This forces placement of parking areas, signage, noise and lighting adjacent to residential areas to the north. The proposed commercial layout uses the building and landscape elements as a buffer to the residential areas to the north. 1.B. The circumstances are unique to this property because it is a planned mixed use development and not part of a single purpose property. n LOUCKS&ASSOCIATES, INC. • 7200 HEMLOCK LANE, SUITE 300 • MAPLE GROVE, MINNESOTA 55369-5592 • TEL: (612)424-5505 • FAX: (612)424-5822 e-mail: loucks@minn.net•web page: http://wwvvl.minn.net/-lbucks/ PAUL H. MCLAGAN&SON • 6015 CAHILL AVENUE EAST • INVER GROVE HEIGHTS,MINNESOTA 55076 • TEL: (651).457-3645 • FAx: (651)457-8642 Mr.Jared Andrews S • December 11, 1998 City of Shakopee Page 2 1.C. The circumstances were not created by the land owner, the approved rezoning to allow development of the property and the inflexibility of conventional zoning and platting standards forced the 75 foot setback into the internal portions of the development. 1.D. The variance will not alter the essential character of the locality. The variance will only affect the properties within the development on private streets. 1.E. The problems extend beyond economic considerations. The intended use of the property would result in a poor design layout with parking, lights and traffic adjacent to the residential areas in lieu of the building and landscape elements to buffer the residential use to the north. 2. The proposed variance is in keeping with the spirit and intent of zoning which allows for buffering between differing uses. The layout as proposed provides buffering with the building itself rather than exposing the residential areas to the parking, signage, noise and lighting at the front end of the commercial area. The commercial building is proposed at 75 feet from the north line of Outlot A, which is effectively the property line between the two parcels; therefore,the proposed variance is 39 feet. The nearest townhome will be located 95 feet from the commercial building. The following items are included for your review: > 1 full size and 20 reduced copies of the Site Plan dated December 11, 1998 > 1 full size and 20 reduced copies of the Lot 1,Block 3 Site Plan dated December 11, 1998 ➢ Completed application > Application fee of$85.00 Please contact me if you have any questions or comments. Sincerely, LOUCKS &ASSOCIATES,� LINC. 9,1a M Michael J. St. Martin,P.E. Civil Engineer MJS/cms Encs. \97132\corresp\andrews.doc cc: George Daniels,BDM,LLC H n IZX / / ril id H /..__�1 /' y n7n m-+ .�pz=yr 0myzcoms�iin2Do81 .. m� n 111,. 171 T m 7` AAOA !/r mm=AomAO° z pmmgOwDyOmAm zmz yD -- / mmw 'rD �CCFcsmmmm O z3g -tm>z>ilo mx mx.m Or1A OA>=rZr,O0.Z p m>n ag`D,nm.D �y'e,>- 1 Ai 0 m;30=IVmzm = z Ay n�11mm Damn- m z „y—„iA01t0 X0M m ',” m'n DAD . AzO y� m im D1mzm m p ',p 0 - r. mm m Oz m D zy D n zz ms Am 1 x z-A —w Aymr y r r /lrill.IIIIIII AFi m m ice:+ '"�i+�o0 ��� zr P. m p 0? 4D m m s. 77 _ z ^� / z T' o —D O m O O. < m y w o �1 a_ • m O Z 517:srf, , ,I,I,S414,' r.NO .An J �!'/`� , tol'z ik 7--- 1 \''''''' I K\)�_ , L 1 , wit 44*****4 ' L L ..0_____* ) ,,___.___r _, > r. Izor, i;:,,,,, : , , ,) b co co a -- 2r ll ; _ i — .— s\' Q I m -n E11 Z , • 1 (A D _ 41 D 7:x;1 —{111 ,vz_v, H-411 z/ , .1 1 j > _,, ni Lal ' 1 r , _ , 0,;::::- _____ �! �,� ilk iiimpfr) ..y.......<7.....) TASHA I • f ATTACHMENT D - CITY OF SHAKOPEE Memorandum TO: Board of Adjustment and Appeals FROM: Jared Andrews, Planner I SUBJECT: Variance of 55 feet on the north, and 45 feet on the east from the 75 foot setback from residential zones). MEETING DATE: December 3, 1998 Site Information Applicant: George Daniels,BDM,LLC Location: North of Vierling Dr. and Heather Street in Boulder Ridge Current Zoning: Highway Business(B-1)Zone Adjacent Zoning: North: Medium Density Residential(R-2)Zone South: Highway Business(B-1)Zone East: Medium Density Residential(R-2)Zone West: Highway Business(B-1)Zone 1995 Comp. Plan: Commercial MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Site Plans Exhibit C: Applicant's Letter of Request Exhibit D: Letter from Sand Companies,Inc. (owner to the north and east) Introduction: George Daniels of BDM,LLC. has submitted an application requesting a 45 foot variance on the east and 55 feet on the north from the 75 foot setback from an adjacent residential zone. The subject site is located at the southwest corner of Vierling Drive and Heather Street(Exhibit A). Considerations: The 22,824 square foot building proposal consists of multiple retail shops and possible restaurant (Exhibit B). The applicant is requesting the variance for reasons stated in his request letter (Exhibit C). Most of the concerns raised are pertaining to site layout and the orientation of parking and entrances. • Findings: Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all of the following circumstances are found to exist. Staff has provided draft findings on each criterion. The Board of Adjustment and Appeals may use or modify these draft findings as it sees fit: Criterion I The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finding 1.A. The property can be put to a reasonable use if used under conditions allowed by the official controls. Other alternatives exist for such business use. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding I.B. The plight of the landowner is not due to circumstances unique to the property. The lot is similar to other properties where business is adjacent to residential. 1.C. The circumstances were not created by the landowner; Finding 1.C. The circumstances are a result of landowner's rezoning and platting of the area. The 75 foot setback was a requirement when the landowner zoned and platted the land 1.D. The variance,if granted,will not alter the essential character of the locality; and Finding 1.D. The variance will slightly alter the essential character of the neighborhood 75 foot setbacks were established with the retail center to the south of this property. 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding 1.E. The problems do not extend beyond economic considerations related to the placement of the building as proposed Other alternatives have not been exhausted Criterion 2 It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2. The proposed variance would not be in keeping with the spirit and intent of Chapter 11 (Zoning) in that there is no hardship. Zoning provides for the protection or buffering of differing uses such as businesses and residences; hence the requirement of the 75 foot setback of business uses(or structures)from residential uses. Criterion 3 The request is not for a use variance. Finding 3. A variance to the rear yard setbacks is not a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties. Finding 4. (Not applicable if the application does not meet all the criteria for granting a variance) 2 i • Criterion 5 Variances in the flood plain overlay zone also shall meet the following criteria: Finding 5. (Not applicable since the property is not within the flood plain overlay zone) Alternatives: 1. Direct staff to prepare a resolution denying the variance with findings as recommended by staff 2. Direct staff to prepare a resolution, denying the variance with revised findings. 3. Direct staff to prepare a resolution, approving the variance with revised findings. 4. Continue the Public Hearing for additional information. 5. Table the decision for additional information. Staff Recommendation: Staff finds that this application does not comply with Criterion 1A, 1B, 1C, 1D and 1E, and Criterion 2. Therefore, staff is recommending Alternative No. 1, directing staff to prepare a resolution denying a 45 foot variance along the east property line and 55 foot variance along the north property line from the 75 foot setback from a residential zone within the Highway Business(B-1)Zone. Action Requested: Offer a motion directing staff to draft a resolution denying the request for a 45 foot variance along the east property line and 55 foot variance along the north property line from the 75 foot setback from a residential zone with findings. J. ed Andrews Planner I is\commdev\boaa-pc\1998\1203\bdmcup.doc 3 " \ WAnIVII - V' __) CU on. 2 Pt +I 1111 111443111211 ffl''' ..e: k © ©• Mr ga Man1. 1 CX EllIMMO .' a © 00- LL .N1 AaneI w " Y ir, . v 2 "' te 213T1I14 2. , s 3 3„I NLd x x CL o �Lai -I .. wN righ 1�3I J 2 Z N Q N N A C A3SW'd21 as 11'V'S'3 ugh NV 41 igiiiiiiiP —Wan-. 416 :.:::V::::::: (U I u, �+'�7 . . N �J ( i]ii: O \\* O . 0 , ,_ .1,011A1 (ill) gco Virg N F IO N. 11P vr. 410s 1,01114 1• \ (u 1/1 • ukal iffilLI iii.V.41 ,, ni C .. 116 O � o $lIjdri � p oo I �p ♦ i . - Pli."#. rA•A 40 Alibirk,,,74,,,‘,- 2 fak CHERIFIrwAirAellabir,11 MOlt "1- .4 '-------) NI #.411ROS a • n � (1J m o \ N A (U NOV, -09' 98 (MON) 17:02 CART , INC, TEL:612 #7293 D nni Exhibit C BDM LLC IQtilErt1¢RC 641 East Lake Street, Suite 208 Wayzata,MN 55391 • z) 1998 Friday, November 6, 1998 Ms. Julie Klima,Planner City of Shakopee 129 Holmes Street South Shakopee,Minnesota 55379 Re: Variance for Boulder Ridge,Lot 1,Block 3. Dear Ms. Klima, The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Therefor we are requesting a rear yard set back Variance from 33' to 45' from the Residential area. Under the present zoning moving the building forward by 33' to 45' to meet the 75' rear yard setback requirement creates a building with less parking at the front and forces commercial business to retail from both front and the rear entrances. This requires customers to utilize parking for both front and rear entrances. Most businesses are reluctant to have dual storefronts because of theft, employee shrinkage, poor store layout and lack of retail control. It also forces people to park closer to the residential neighborhood. Under the proposed site plan the rear of the building would only be a service lane with "no parking" of cars or trucks thereby creating a better transitional environment for our residential neighbors. In addition we are providing a landscape buffer consisting of trees and shrubs. The entire 16-acre development including the 8-acre residential portion sold to the Sand Companies in May 1998 was developed by BDM LLC and approved by the City of Shakopee. The Sand Companies supports our variance request. When the property was purchased they were aware of our proposed shopping center site development as shown. They feel our proposed building creates an excellent buffer between the commercial and residential development. In seeking this variance we believe this circumstance is unique to the property and we as both property owner and neighbor are attempting to be a good neighbor and fit in with the entire development. We think the neighborhood will benefit if this variance is approved. Very yours, eorge iels Partner _.: , X 1 1 lyear s €,,,rat � '+' Sand Companies, Inc. NUv , 2 1998 366 South Tenth Avenue PO Box 727 Waite Park, MN 56387-0727 Office: (320) 202-3100 November 11, 1998 Fax: (320) 202-3139 E-mail: sci@sandcompanies.com Website: www.sandcompanies.com Sent Via Facsimile Transmission&Regular US Mail Ms. Julie Klima City of Shakopee 129 Holmes Street South Shakopee,MN 55379 RE: Variance Request-Boulder Ridge. Dear Ms. Klima: Recently, George Daniels of BDM LLC has mentioned that the City of Shakopee zoning ordinance requires a 75' setback for their proposed shopping center from our residential property and that BDM LLC is seeking a variance to reduce this setback from 33' to 45'. We have reviewed their proposed shopping center layout, and we feel the combination of the landscape buffer BDM is proposing and the fact that our road distances our actual buildings from the property line, leaves us comfortable reducing the setback as requested. If you have any questions, please feel free to contact me at (320)202-3100. Sand Companies, Inc. will be in attendance at the December 3, 1998 meeting if any questions arise from the Board. Sincerely, Sand Companies, Inc. Jamie . 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SHAKOPEE MINNESOTA VEIL WESER AIA REG ?70-956-2205 GPC PERSONNEL 697 P02/07 JAN 05 '99 17:22 GENUINE PARTS COMPANY 2999 Circle 75 Parkway PO NAPA Atlanta,GA 30339 770-953-1700 • 770-956-2211 FAX January 5, 1999 City Council City of Shakopee Shakopee, Minnesota Dear Members of City Council: Re: Proposed NAPA The Parts Store Marschall Road north of Eagle Creek Boulevard Shakopee, Minnesota Genuine Parts Company has asked that the City of Shakopee grant a 6.65' variance from the requirement that it provide a total side setback of 25' at the referenced location-20' on the building side, and 5' on the opposite side. The City should grant this variance for the following reasons: 1 . Our site plan as designed still provides a very ample side setback totaling 18.35'. The total setback of 18.35' is still more than Genuine Parts is typically required to provide on NAPA store projects in other cities and towns across the country. (A more typical requirement is 5' to 10' on the building side, and no setback requirement on the non-building side.) The land which is being set aside for the side setbacks will, if the proposed transaction closes, be purchased by Genuine Parts at a cost of 18.35' x 333.95' x $4.51/s.f. = $27,635.64; other than fulfilling the requirement for side setbacks, this land is unusable. 2. If Genuine Parts is not granted the variance, the Company will be forced to put a large number of parking spaces behind the building, which will be very inconvenient for our customers. Our primary objective in designing each of our new NAPA Auto Parts stores is to make it as easy and convenient as possible for our customers to shop at NAPA; of course, this also applies to the site plan for each new store. Genuine Parts wants its customers to be able to conveniently park near the customer entrance and exit at the front of the building. 3. In designing the site plans for our stores, we try to maximize the number of parking spaces at the front of the building, where the customer entrance and exit are located. Again, we're trying to make it as easy and convenient as possible for our customers to get in to, and out of, our stores. As a result, we prefer to have two rows of parking down the long 770-956-2205 GPC PERSONNEL 697 P03/07 JAN 05 '99 17:23 side of our building—which puts the spaces closer to the customer entrance and exit. 4. Genuine Parts has determined over the last six years that the 72'-wide building is the best facility for its business. When we began the NAPA The Parts Store program in 1992, we built an 80'-wide building. However, the Company eventually reduced the width of the building because 1) the 72'- wide building proved to have the most efficient floor plan, and 2) there are obviously fewer problems with the width of potential new sites with a 72'- wide building rather than an 80'-wide store. The 72'-wide building can best accommodate the retail sales area, which is approximately 48' wide, and the stockroom, which wraps around the sales area and is 24' wide at the front of the building. A narrower building will produce a long, narrow sales area, or a less functional stockroom. (Please refer to the attached Ground Level Floor Plan and Balcony Floor Plan from the Company's 72' x 110' prototype building drawings.) 5. The 72'-wide building that Genuine Parts is proposing for this site is a prototype. The Company is building the 72'-wide building wherever it is building a new store across the U.S. We want to build our prototype store, consistent with our other new NAPA stores across the country, in Shakopee. 6. Our primary purpose for relocating our Shakopee NAPA store is to find a larger building in a more retail-friendly location for our business. Pushing the building back on the site to produce more parking spaces in front of the store will negatively impact our visibility from Marschall Road. If we're not visible from Marschall Road, potential customers won't remember where we are or think of NAPA when they need auto parts. Putting more parking spaces in front of the building will also result in longer walks for our customers from their cars to the front door of our store. 7. We face a hardship in that we expect to lose our lease in our present location sometime in the near future as a result of the Scott County Government Center's northward expansion. We must relocate our store now before we are without a location altogether. The subject location is the only one that we have been able to identify since we began searching in 1995 that is within a reasonable distance of our existing store, has the retail exposure the Company wants, and the ability to accommodate our proposed 7,056-s.f. NAPA The Parts Store. (Where else in Shakopee is there a site with the requisite 166' of frontage, depth, and retail potential at an affordable price for our new NAPA store?) 8. If the City does not grant the side setback variance, the Company will have to reconsider whether the Marschall Road site we propose to develop is suitable for a new NAPA store. Because so much of the customer 770-956-2205 GPC PERSONNEL 697 PO4/07 JAN 05 '99 17:23 parking would have to go behind the store where it's of little use to our customers, my opinion is that the site plan is unacceptable without the variance. In addition, changing the building dimensions would require producing a new set of building drawings, requiring additional time, effort and cost, for a Tess-than-72'-wide, less-than-ideal building. My recommendation to our senior management will be to cancel this proposed development and scrap the project if the variance is not granted by the City. 9. If the City is willing to waive its requirement that parking spaces be 20' long and separated by a 24'-wide drive aisle, the Company could reduce the variance needed from 6.65'. For example, we could provide 19'-long parking spaces and a 23'-wide drive aisle, and reduce the variance needed to 3.65'. Or, we could provide 18'-long parking spaces and a 24'-wide drive aisle and reduce the variance request to 2.65'. We could also reduce the width of the sidewalk on the 98'-long side of the building from 5' to 4'. However, our preference is to leave the site plan as designed, with 20'-long parking spaces, a 24'-wide drive aisle, a 5'-wide sidewalk, and a 6.65' variance. 10.We cannot increase the size of the property, or the existing frontage of 159.36'. The property to the north is already developed with a Snyder Drug store, and the property to the south has been sold to a bank. 1 1 .The surrounding property owners haven't raised any objections to the variance. Genuine Parts believes that the proposed new NAPA store is a "win-win" for the Company and the City of Shakopee. The City will benefit from this first- class development through increased property taxes, new jobs, and new investment near downtown Shakopee that comes without the City having to resort to tax or other financial incentives. Genuine Parts Company believes its request for a side setback variance is reasonable, and will have no negative consequences for the City; the Company respectfully requests that City Council grant the variance. I would be happy to discuss our request for the variance with you at 770/612-2008 if you have any questions. Thank you for your cooperation. Best regards, LAg) 6--vvd Karl J. Koenig Director of Real Estate & Construction Attachments 770-956-2205 GPC PERSONNEL 697 P05/07 JAN 05 '99 17:24 VII'd ItilUl N R]S' 45 t lig 12... et /C lya_a =' I 5 SO a en m ka S ; w s � 0be ai cd Z m Ea t`.' 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C) 19 3;(...-.) ..... / .0-,11 .o-,rc o 00 IS . c=1 , CITY OF S HAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Appeal of Board of Adjustment and Appeals Decision Variance Resolution No. PC 98-114 APPLICANT: Genuine Parts Company(NAPA) DATE: January 5, 1999 Introduction At the December 3rd, 1998 meeting, the Board of Adjustment and Appeals voted 7-0 on a motion to deny a 6.65 foot variance request to the required 20 foot side-yard setback in a Highway Business(B-1)Zone,with findings and conditions as proposed by Staff. Genuine Parts is proposing to construct a new NAPA The Parts Store near 4th&Marschall, immediately south of Snyder Drug Store. On December 10th, 1998, Staff received an Appeal application and letter from Mr. Bob Bean, Ulteig Engineers,the applicant's consultants for this proposal. This issue was discussed and tabled at the December 15th, 1998 Council meeting, in order to allow the applicant time to submit more information for the Council's consideration. As of this writing, Staff has not received any new information from NAPA's corporate headquarters or the local applicant; it is expected that there will be a presentation at the January 5th City Council meeting. Action Requested: Discuss the Appeal, and make a motion to either deny the Appeal request upholding the Board of Adjustment and Appeals decision or approve the Appeal request (with revised findings) over- turning the Board's decision and direct staff to draft a resolution consistent with that determination. i:cornindev\cc\1998izis\napa-apLaoc /5, C , /, CITY OF SHAKOPEE Memorandum C S e'-) To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Authorization to Advertise for Facilities Maintenance Worker Date: December 30, 1998 INTRODUCTION Staff is seeking Council's approval to advertise the position of Facilities Maintenance Worker for the Parks and Recreation Department. BACKGROUND Budgeted Position: During the 1999 budget workshop sessions, Council approved the Parks and Recreation Department's request to hire a full-time Facilities Maintenance Worker for the community center. The 80,000 square foot facility currently relies on part- time staff, a cleaning service and the Facilities Manager to upkeep the building. Since the doors first opened in 1995, building usage has increased by as much as 38%. The impact requires the Facilities Manager to spend more time on maintenance rather than administrative tasks. Shakopee Community Center is the only major recreation center or fitness facility in the metro area not to have a full-time maintenance person. Responsibilities: This position performs or assist in the maintenance, repair and operation of equipment at the community center and outdoor municipal pool. This person will perform manual labor for cleaning and maintenance, operates the ice resurfacer and will be responsible for preventive maintenance of equipment at the community center and pool. The position involves working flex hours and some weekends. See Attachment A for a complete job description. Requirements: High School diploma or general education(GED), plus, one to two years related experience and/or training with ice arena methods and procedures, refrigeration and chlorinating systems and ability to perform various handyman projects. Pay range: Salary level Grade A$23,587.00 - $29,484.00 Non-exempt. The recommended starting rate is Step I ($23,587.00).. Budget Impact: This is a budgeted position in the 1999 Parks and Recreation Department's Operating Budget. If approved, the expected starting date will be about mid February. Scott County : The Scott County Personnel Department will be utilized to advertise the position and process the applications. ALTERNATIVES 1. Approve the Job Description for the Facilities Maintenance Worker and authorize the appropriate City officials to utilize Scott County Personnel Department to advertise and process the applications for the position of Facilities Maintenance Worker. 2. Do not approve the Job Description for the position Facilities Maintenance Worker. 3. Table for further information from staff. RECOMMENDATION Approve the Job Description for the Facilities Maintenance Worker and authorize the appropriate City officials to utilize Scott County Personnel Department to advertise and process the applications for the position of Facilities Maintenance Worker. ACTION REQUESTED If Council concurs with stars recommendation, action would be in order to approve the Job Description for the Facilities Maintenance Worker and to authorize the appropriate City officials to utilize Scott County Personnel Department to advertise and process the applications for the position of Facilities Maintenance Worker at a starting rate of $23,587.00. CV4 M. J. McQuil an Parks and Recreation Director Job Description Job Title: FACILITIES MAINTENANCE WORKER Job Code: Employee Name: Division: RECREATION Department: COMMUNITY SERVICES Location: Shift: Reports To: FACILITY MANAGER FLSA Status: Nonexempt Prepared By: Mark McQuillan Prepared Date: 12/98 Approved By: Approved Date: User-Defined 1: Salary Level: Grade A SUMMARY This position performs or assists in the maintenance,repair and operation of equipment at the community center and outdoor municipal pool. The position performs manual labor for cleaning and maintenance, operates the ice resufacer and is responsible for preventive maintenance and equipment operation of assigned facilities. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Performs preventive maintenance tasks and duties for ice arena,civic center and pool facilities. Performs maintenance on the pool filtration pumps,motors and chemical systems to ensure proper operation and water quality. Performs routine maintenance of equipment at the community center including such things as refrigeration equipment, ice re surfacer,pool filtration system,heating and cooling units and ventilation equipment. Performs light duty repair or upkeep of doors,plumbing fixtures and maintenance equipment at the community center and pool. Responsible for janitorial functions of the community center as assigned. Operate the Olympic Ice Resurfacer in the ice arena. Assist in the installation and removal of ice sheets in the ice arena. Perform occasional grounds maintenance outdoors at the community center and outdoor pool. Assist in evaluating the need for construction,maintenance and repair work at community center Page 1 and pool. Assist in recommending purchases of needed equipment and supplies in accord with established policy. Assist in providing direction to volunteers and seasonal facilities personnel. Performs other related duties as required. QUALIFICATIONS To perform this job successfully,an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE High school diploma or general education degree(GED);one to two years related experience and/or training;or equivalent combination of education and experience. Knowledge of ice arena methods and procedures,refrigeration systems used in ice arenas,pool equipment including chlorination systems,and ability to accomplish "handy-man"work such as building shelves, changing light ballasts and operating a lawnmower. LANGUAGE SKILLS Ability to read and interpret documents such as safety rules,operating and maintenance instructions,and procedure manuals.Ability to write routine reports and correspondence.Ability to speak effectively before groups of customers or employees of organization. REASONING ABILITY Ability to apply commonsense understanding to carry out instructions furnished in written, oral, or diagram form.Ability to deal with problems involving several concrete variables in standardized situations. CERTIFICATES,LICENSES,REGISTRATIONS Employee must possess valid Class C Minnesota Boilers License.Employee must possess valid Minnesota Drivers License. OTHER SKILLS AND ABILITIES Ability to work industriously without constant supervision.Ability to work well with fellow employees and/or volunteers.Must be physically capable of performing cleaning required in a reasonable amount of time. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job,the employee is regularly required to stand;walk;use hands to finger,handle,or feel objects,tools,or controls;reach with hands and arms; and talk or hear.The employee frequently is required to climb or balance and stoop,kneel,crouch,or crawl. Page 2 The employee is occasionally required to sit and taste or smell. The employee must frequently lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision,distance vision, color vision,peripheral vision,depth perception,and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job,the employee frequently works near moving mechanical parts. The employee occasionally works in outside weather conditions and is occasionally exposed to toxic or caustic chemicals and risk of electrical shock. The noise level in the work environment is usually loud. Page 3 150. 1. CITY OF SHAKOPEE Memorandum CONSENT V ..a To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: December 16, 1998 Subject: Community Oriented Policing(COPS) Overtime Grant Introduction: The Police Department is seeking authorization for the appropriate City staff to enter into a grant agreement with the Minnesota Department of Public Safety (MDPS) for a COPS overtime grant. Background: The Police Department submitted a COPS overtime grant application to the MDPS in July of 1998 after receiving concept approval for the application from Council. The original application requested funds to be used to pay officers overtime to address isolated sources of a disproportionate level of calls for service. Specifically, the funds were planned to be used to staff a part-time position at Valleyfair during their season and assign officers to work extra hours in our multi-housing units which are a source of approximately 10% of our calls for service. We received notice we are going to receive $10,000.00 on September 9, 1998. We discussed the award with the Grants Coordinator at MDPS and received authorization to redirect the funds toward addressing the level of calls for service originating from our multi-housing units. This level of funding will provide 7.5 additional officer hours per week which will dedicated to crime prevention education, collaborative problem solving, and vigorous enforcement of existing ordinances and statutes during 1999. Budget Impact: The COPS overtime grant does not require local matching funds. Action Requested: If Council concurs, they should, by resolution authorize the appropriate City staff to enter into a grant agreement with the Minnesota Department of Public Safety for a COPS overtime grant of$10,000.00 for the period from January 1, 1999 through December 31, 1999. Or / bt an ughes Chief of Police RESOLUTION NO. 5046 A RESOLUTION OF THE SHAKOPEE CITY COUNCIL AUTHORIZING EXECUTION OF A GRANT AGREEMENT FOR THE COMMUNITY ORIENTED POLICING SERVICES (COPS)OVERTIME GRANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Shakopee Police Department is hereby authorized to enter into an overtime grant agreement with the Minnesota Department of Public Safety(MDPS), Office of the COMMUNITY ORIENTED POLICING SERVICES (COPS) for the period from January 1, 1999 through December 31, 1999. That the Mayor, City Administrator and City Clerk are hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Shakopee Police Department and to be the fiscal agent and administer the grant. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 5th day of January, 1999. Mayor of the City of Shakopee ATTEST: City Clerk IS. G . I . CITY OF SHAKOPEE C01\"r."^ '"1". Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Repeal of Minnesota Municipal Board(Sunset) DATE: December 28, 1998 INTRODUCTION: The Council is asked to approve the submission of a letter of support for the repeal of the law sunsetting the Minnesota Municipal Board. BACKGROUND: At its meeting of December 22nd,the County Board passed a resolution supporting the repeal of the sunset of the Minnesota Municipal Board in 1999. Since 1959,the Minnesota Municipal Board(MMB)has provided a quasi-judicial commission to oversee boundary adjustments between various local government jurisdictions throughout the State. The majority of its work is involved with annexation issues. Typically,three members serve on the MMB as it hears local annexation issues. The membership consists of two county commissioners from the affected county;the third member is an attorney provided by the Minnesota Municipal Board who is knowledgeable about boundary issues. Section 414.11 of the Minnesota Statutes was approved in 1997, which provided that the MMB would sunset as part of the Community-Based Planning Act. This means that as of December 31, 1999,the MMB would no longer be in existence; any negotiation or disputes between jurisdictions would have to go to district court. Councilor Sweeney has asked that the Council consider sending a letter to our legislators, urging them to repeal the 1997 law, and allow the MMB to remain in place. It is his opinion, and that of the County Commissioners,that the MMB has served its purpose well, and that it should remain in place. RECOMMENDATION: We recommend that the attached letter be signed by the Mayor and sent to our State legislative delegation. ACTION REQUIRED: If the Council concurs, it should,by motion, direct that Mayor Brekke sign the attached letter,to be sent to the State legislature. ww,d) Mark McNeill City Administrator MM:tw Dear In 1997, legislature passed MSA 414.11, which requires the sunset of the Minnesota Municipal Board(MMB), as part of the Community-Based Planning Act. This sunset would take place December 31, 1999. As a jurisdiction which has used the MMB to help resolve annexation issues,we feel that the State and its local government jurisdictions would be done a disservice by allowing this law to remain in place, and therefore disbanding the MMB. The alternative would be to mandate disputes and go the district court. The current MMB has allowed for both legal and technical review, but has also allowed local issues to be taken into account,through the appointment of local county commissioners,who are appointed to two of the three seats hearing annexation issues. It is our understanding that St. Louis County,and the Association of Minnesota Counties are supporting the repeal of the sunset of the MMB in the 1999 legislative session On behalf of the City Council, I respectfully ask that you support their efforts, and work to repeal the sunset of the Minnesota Municipal Board in 1999. Sincerely, Jon Brekke Mayor /sE. .Z . CITY OF SHAKOPEE Memorandum CONSENT, TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Murphy's Landing Legislative Support DATE: December 28, 1998 INTRODUCTION: The Council is asked to send a letter of support for legislative initiatives in the 1999 Minnesota Legislature,to benefit Murphy's Landing. BACKGROUND: Murphy's Landing and the City of Shakopee have enjoyed a long and unique relationship. The land upon which Murphy's Landing is located is owned by the City; the City also provides maintenance. Over the past few years, Murphy's Landing has become very successful in increasing its viability as a regional historic attraction. Murphy's Landing have established two priority initiatives for the 1999 Legislative session: 1. Obtain$110,000 as recommended by the Legislative Commission on Minnesota Resources,which is needed for the construction of a boat and ferry landing, a barrier-free trail, and the restoration of two acres of prairie; 2. Renew a$90,000 grant awarded to Murphy's Landing through the Department of Children, Families, and Learning. Both of these issues will be considered by the 1999 Legislature. The Council is asked to go on record as supporting these, and are asked to indicate its support by the sending of a letter to the City's legislative delegation. RECOMMENDATION: We recommend that support be shown for Murphy's Landing 1999 legislative goals,by sending the attached letter. ACTION REQUIRED: If the Council concurs, it should, by motion, direct that Mayor Brekke sign and have sent the attached letter on behalf of the Council, indicating its support for the Murphy's Landing legislative issues. Mark McNeill City Administrator MM:tw Representatives: Dear In the 1999 legislative session,Historic Murphy's Landing is seeking legislative assistance on two initiatives: 1. $110,000 for the construction of a boat and ferry landing, a barrier-free trail, and two acres of restored prairie as recommended by the Legislative Commission on Minnesota Resources; 2. The renewal of a$90,000 grant awarded to Murphy's Landing through the Department of Children, Families, and Learning. The City of Shakopee and Murphy's Landing have a unique partnership,which has become successful over the years in providing the resources necessary for Murphy's Landing to become a regional attraction as an outstanding living history museum. It is reliant upon leveraging private donations, as well as public monies to continue to build its reputation as a quality educational resource for all of Minnesota. For this reason, we respectfully request that you endorse and support the above two initiatives during the 1999 session of the Minnesota Legislature. Thank you for your consideration. Sincerely, Jon Brekke Mayor CITY OF SHAKOPEE Memorandum /5 'L . 3.. TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 1999 Liaison/Related Appointments DATE: December 30, 1998 INTRODUCTION: The City Council is asked to assign liaison duties to its members for 1999. BACKGROUND: Past practice of the City Council has been that a member of the Council has served as a liaison to various boards and agencies. Mayor Brekke is recommending the following appointees for the new year: 1. Shakopee Public Utilities Commission - Sweeney 2. Murphy's Landing - Link 3. I.S.D. 720 -Amundson 4. Scott County Board of Commissioners - Sweeney 5. Shakopee Convention and Visitors Bureau-Amundson 6. Shakopee Chamber of Commerce Board of Directors - DuBois 7. Association of Metropolitan Municipalities (and alternative) - Brekke (alternate McNeill) 8. Suburban Rate Authority (and alternate) - McNeill (alternate Snook) 9. Acting Mayor to fulfill the duties of Mayor in his absence - Sweeney In the past, the Mayor has recommended specific appointments, and the Council has then endorsed the Mayor's recommendations and affirmed the actual appointments. The Mayor recommends that Deb Amundson be elected as President for the Economic Development Authority. The EDA officers will be elected at the EDA meeting on January 5th. The Suburban Rate Authority specifically requires a resolution for the appointment of both the Director and Alternate Director from the City of Shakopee; a resolution has been prepared for the Council's consideration, using the City Administrator as the Director, and Economic Development Coordinator as alternate. RECOMMENDATION: Mayor Brekke recommends the 1999 liaisons be appointed as listed, and that a resolution for SRA designees be adopted. ACTION REQUIRED: If the Council concurs, it should take the following action: 1. By motion, affirm the 1999 Liaison appointments for the City Council. 2. Adopt the following resolution: A Resolution Designating Director and Alternative Director to Suburban Rate Authority. (iNfutA„,,,L6Lt Mark McNeill City Administrator MM:tw RESOLUTION NO. 5048 A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota as follows: Mark McNeill is hereby designated to serve as a Director of the Suburban Rate Authority and Paul Snook is hereby designated to serve as the Alternate Director of the Suburban Rate Authority for the year 1999 and until their successors are appointed. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk E.CITY OF SHAKOPEE /5: �� Memorandum TO: City Council FROM: Jon Brekke, Mayor SUBJECT: Council Meeting Objectives and Procedures DATE: December 30, 1998 INTRODUCTION: The City Council should consider a list of objectives and procedures for City Council meetings for 1999. BACKGROUND: Having a well defined list of goals and procedures results in clear expectations for meeting participants, and ultimately more effective meetings. The attached objectives and procedures are a carryover from 1998. I believe, for the most part,that adherence to these resulted in better meetings. For 1999,I recommend the following changes be implemented: 1. Liaison Reports-These are currently at the first part of every meeting. While important, often they delay the start of previously scheduled public hearings. In order to be fair to those who attend for the public hearings,I recommend that the liaison reports be moved on the agenda to a position after the public hearings. In addition, I remind the Council that liaison reports are for reports relating to other meetings that a Councilmember has attended. If a Councilmember has a constituent item, or another item to which staff should attend,the most efficient way of dealing with that is to contact staff prior to the meeting, and get it resolved. Otherwise, if it is something of which the Council should be aware, it should be added under item 16 (Other Business), and listed as"Council Concerns". 2. Interested Citizens- Out of fairness to those who are in the audience for scheduled matters, and so that the City Council has an opportunity to receive background information,the portion of the agenda identified as "Interested Citizen", should have some limitations placed in terms of amount of time per subject. Similar to language currently in place at Scott County,I recommend that the following language be added as a description following the "Recognition by City Council of Interested Citizens"-"(Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees)". 3. Abstaining from Votes -If an issue appears to present a potential conflict of interest, while there is no legal obligation to do so,the affected Councilmember should remove themselves from the Council table for the discussion and vote on that issue. Note that it would not be necessary to remove himself or herself from the Council table if it is to abstain from voting on, for example,minutes for which they were not in attendance at that meeting. It is my hope that we will be able to continue to conduct productive meetings,which will provide enough time to discuss issues of merit,without being bogged down by minutia that tend to drag out meetings. I am pleased with what we were able to accomplish in 1998, and look forward to another productive year in 1999. REQUESTED ACTION: 1. Endorse City Council meeting objectives and procedures as outlined in this memo and attachment; or, 2. Amend and endorse alternate City Council meeting objectives and procedures. Jon Brekke Mayor OBJECTIVES AND PROCEDURES: • Limit the"Liaison Reports" section of the agenda to just liaison reports. • Councilmembers desiring to abstain from a voting on a particular item on the consent agenda should inform the Chair they will be voting on the consent agenda, but that they want the minutes to show that they have abstained from a particular item. • Councilmembers should take time to read and be informed on all items in the Council packet prior to the meeting. Specific questions, or items requiring research should be directed to the City Administrator in advance of the meeting. • Include"Other Business"as a regular part of every agenda. • Include the"Mayor's Report"as a regular part of every agenda. • Allow any audience member or Councilmember to remove an item from the consent agenda. • Maintain general adherence to parliamentary procedure. • Enforce that only those having the floor as recognized by the chair shall speak. • Encourage both audience members and Councilmembers to address the chair. • Encourage that motions be descriptive of action sought; ie. not simply"move the requested action". • Make a strong effort to make motions only in the affirmative. • Allow any member to make modifications to a motion, if acceptable to the maker,but only prior to the start of discussion as signaled by the chair. After discussion has begun, a motion can only be altered by a successful motion to amend. • Disallow discussion on a motion until seconded. • Generally follow that the member who makes a motion will be given the first opportunity to speak in discussion. • Generally recognize any member who has not spoken on a question over one who has. • Discourage cumbersome, lengthy and numerous amendments to a motion. • Rule against explanation of vote by members during voting. • Declare a unanimous vote if a motion receives any votes on one side and none on the other. • Generally report by the chair the results of all votes indicating those members in the majority. • Make every effort to be protective of staff, Council and citizens from personal or unnecessary derogatory attacks. /5 S, CITY OF SHAKOPEE Memorandum . , a al TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Designation of Official Newspaper DATE: December 30, 1998 INTRODUCTION: City Council is asked to designate the official newspaper for 1999. BACKGROUND: The City is required by law to publish certain matters in its official newspaper, during the course of the year. We publish the Council minutes (motions primarily), Ordinances, Resolutions when required by law, notices of public hearings on planning matters and public improvement projects, and advertisements for bids. It is appropriate that this designation be made at this time. To be qualified as a medium of official and legal publication, a newspaper must meet certain qualifications set forth by State law. To name a few, it must be distributed at least five days each week if a daily paper or be distributed at least once each week for 50 weeks each year if not a daily paper. News columns devoted to news of local interest to the community which it purports to serve must be 25% if published more often than weekly and 50% if weekly. It must be circulated in the City which it serves and meet certain circulation requirements. It must have its known office of issue located within the county or adjoining county of the City it serves. It must file a statement of ownership and circulation with the secretary of state each year. As long as I can remember,the Shakopee Valley News has been the City's official newspaper. The City has received the attached letter from Mr.Rolfsrud asking that the City consider appointing the Shakopee Valley News as its official newspaper. The 1999 charge for legal notices will be $8.78 per column inch. Previous years charges for legal notices were: 1998 -$8.37/column inch for 1st insertion 1997 -$8.05/column inch for 1st insertion 1996-$7.67/column inch for 1st insertion 1995 -$7.30/column inch for 1st insertion Designation of Official Newspaper December 30, 1998 Page-2- During the middle of 1997, the City began submitting legal notice copies on floppy disk which resulted in a cost savings because the Shakopee Valley News staff did not have to retype the notices for publication in the newspaper. The 1999 charge for legal notices submitted in this manner will be $7.03 per column inch,reflecting a 20%cost savings to the City. The City has budgeted$18,700 for 1999 for legal publications. The City has had a very good working relationship with the Shakopee Valley News. They have been very accommodating in publishing notices that were sent to them after their deadline and have published them whenever possible. They have published items at no charge in their "In Brief' section as well as press releases. They have also written articles on matters when requested to get the word out. ALTERNATIVES: 1. Designate the Shakopee Valley News as the City's official newspaper. 2. Obtain quotes from other newspapers that may qualify as an official newspaper. RECOMMENDATION: Staff recommends alternative #1. Residents of the City are more likely to look for legal notices pertaining to their community in a local publication. RECOMMENDED ACTION: Move to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1999. i:elerk\judy\SVN-OFFi ShakopeeShakopeeValley News December 29, 1998 Ms.Judy Cox,City Clerk City of Shakopee 129 Holmes Street Shakopee, MN 55379 Dear Ms.Cox, Please consider our request for appointment of the Shakopee Valley News as the official newspa- per for the City of Shakopee in 1999. Legal notices published in the Shakopee Valley News during this time period will be billed at the rate of $8.78 per column inch for the first insertion and $6.50 per column inch per subsequent insertions. The city can again take advantage of a lower rate if it submits legal notice copy on floppy disk in ASCII text format. The same rate would apply if the document is e-mailed in text format. This system worked well in 1998 and allows for a substantial labor savings if the Shakopee Valley News staff does not have to retype the notices prior to them being published in the newspaper.We would also request that hard copy accompany the disk or e-mail in the event we have any difficulties transferring data files. The rate for the materials submitted in this manner would be$7.03 per column inch, reflecting a 20%cost savings to the City of Shakopee. In accordance with Minnesota Statute 331 A.02,the Shakopee Valley News has met certain qualifi- cations in order to become a legal newspaper to better serve the community.Some of the qualifica- tions we must meet to become a legal newspaper include: distribution of the paper at least once a week for 50 weeks out of the year; be circulated in the local public corporation which it purports to serve,and either have at least 500 copies regularly delivered to paying subscribers,or have at least 500 copies regularly distributed without charge to local residents; have its known office of issue established either in the county in which is lies in whole or in part,the local public corporation which the newspaper purports to serve, or in an adjoining county; file a copy of each issue immediately with the state historical society; etc. These are just a few of the stringent guidelines a newspaper must fulfill in order to become a certified legal newspaper. It is our goal to serve you as your legal newspaper for the coming year. Thank you for the opportunity to be of service to you in the past.We hope that relationship can be continued in the coming year. R•.ptf ly, .n -olfsrud Publisher 327 Marschall Road • Suite 125 •Shakopee, Minnesota 55379•(612) 445-3333 CITY OF SHAKOPEE Memorandum ` •✓ • ` TO: Honorable Mayor, City Council CO C N T Mark McNeill, City Administrator —A FROM: Marilyn Remer, Payroll/Benefits Coordinator SUBJECT: Amend 1999 Pay Plan DATE: December 29, 1998 Introduction The Council is asked to adopt an amended 1999 Pay Plan to include the classification of Community Service Officer. Background At the December 15, 1998 meeting, Council authorized the Police Civil Service Commission to begin the selection process to fill the Community Service Officer(CSO) positions within the Police Department. This is a new classification and must be added to the 1999 Pay Plan. Community Service Officer is a Benchmark Position with a job value of 48 which would place it on Grade A. Action Requested If the Council concurs, it should, by motion, adopt the following resolution: RESOLUTION NO. 5047 A RESOLUTION AMENDING RESOLUTION NO. 5034, WHICH ADOPTED THE 1999 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE RESOLUTION NO. 5047 A RESOLUTION AMENDING RESOLUTION NO. 5034,WHICH ADOPTED THE 1999 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on December 1, 1998,the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 5034, approving the 1999 Pay Schedule for the Officers and Non-union Employees of the City of Shakopee; and WHEREAS,on December 15, 1998 the City Council of the City of Shakopee, Minnesota, authorized the Police Civil Service Commission to begin the Community Service Officers recruitment process, it is therefore necessary to amend Grade A of the 1999 Pay Plan adding the classification of Community Service Officer. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the attached schedule of the 1999 Pay Plan for Officers and Non-union Employees is hereby amended to include the classification of Community Service Officer in Grade A. Adopted in session of the City of Shakopee,Minnesota, held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE 1999 Pay Plan EFFECTIVE 1/1/99 Step Step Step Step Step Step Step Market Title Grade 1 2 3 4 5 6 7 8 Adjust City Administrator Q $67,057 $69,452 $71,847 $74,241 $76,636 $79,031 $81,426 $83,820 Unused P $62,988 $65,238 $67,487 $69,736 $71,986 $74,235 $76,485 $78,734 Police Chief 0 $58,918 $61,022 $63,127 $65,231 $67,335 $69,439 $71,543 $73,647 PWDir/Eng. 0 $58,918 $61,022 $63,127 $65,231 $67,335 $69,439 $71,543 $73,647 Corn.Dev.Dir. N $55,328 $57,304 $59,280 $61,256 $63,232 $65,208 $67,183 $69,159 Finance Director N $55,328 $57,304 $59,280 $61,256 $63,232 $65,208 $67,183 $69,159 Unused M $51,737 $53,585 $55,432 $57,280 $59,128 $60,975 $62,823 $64,671 City Engineer L $48,602 $50,337 $52,073 $53,809 $55,544 $57,280 $59,016 $60,751 Deputy Chief L $48,602 $50,337 $52,073 $53,809 $55,544 $57,280 $59,016 $60,751 $ 62,428 Park&Rec.Dir. L $48,602 $50,337 $52,073 $53,809 $55,544 $57,280 $59,016 $60,751 $ 50,963 Asst City Eng K $45,466 $47,089 $48,713 $50,337 $51,960 $53,584 $55,208 $56,831 EDA Coordinator J $42,690 $44,214 $45,739 $47,263 $48,788 $50,312 $51,837 $53,361 Building Official I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 PW Supervisor I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Project Coordinator I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Accountant III I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Planner II I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Facility Mgr I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 City Clerk I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 •Bldg Inspector H $37,471 $38,809 $40,147 $41,486 $42,824 $44,162 $45,500 $46,838 Eng Tech IV H $37,471 $38,809 $40,147 $41,486 $42,824 $44,162 $45,500 $46,838 Recreation Super II H $37,471 $38,809 $40,147 $41,486 $42,824 $44,162 $45,500 $46,838 Payroll Benefits Coord G $35,030 $36,280 $37,531 $38,782 $40,033 $41,284 $42,535 $43,786 PlannerI G $35,030 $36,280 $37,531 $38,782 $40,033 $41,284 $42,535 $43,786 Eng Tech III G $35,030 $36,280 $37,531 $38,782 $40,033 $41,284 $42,535 $43,786 Unused F $32,852 $34,025 $35,198 $36,371 $37,544 $38,718 $39,891 $41,064 Executive Secretary E $30,673 $31,768 $32,864 $33,959 $35,055 $36,150 $37,245 $38,341 Recreation Supervisor I E $30,673 $31,768 $32,864 $33,959 $35,055 $36,150 $37,245 $38,341 Eng Tech II E $30,673 $31,768 $32,864 $33,959 $35,055 $36,150 $37,245 $38,341 Planning Tech D $28,806 $29,834 $30,863 $31,892 $32,921 $33,949 $34,978 $36,007 Secretary D $28,806 $29,834 $30,863 $31,892 $32,921 $33,949 $34,978 $36,007 Accounting Clerk C $26,939 $27,901 $28,863 $29,825 $30,787 $31,749 $32,711 $33,673 Police Records Tech C $26,939 $27,901 $28,863 $29,825 $30,787 $31,749 $32,711 $33,673 Clerk Typist II C $26,939 $27,901 $28,863 $29,825 $30,787 $31,749 $32,711 $33,673 Office Service Wkr B $25,263 $26,166 $27,068 $27,970 $28,872 $29,774 $30,677 $31,579 Community Sery Officer A $23,587 $24,430 $25,272 $26,114 $26,957 $27,799 $28,641 $29,484 Customer Sery Rep A $23,587 $24,430 $25,272 $26,114 $26,957 $27,799 $28,641 $29,484 Bldg Maintenance Wkr A $23,587 $24,430 $25,272 $26,114 $26,957 $27,799 $28,641 $29,484 12/29/98 CITY OF SHAKOPEE �� `c ��T Memorandum ' v S TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Assignment and Assumption of Developer's Agreements DATE: January 5, 1999 INTRODUCTION: City Council is asked to approve an assignment and assumption of obligations under the Developer's Agreements for the Minneapolis Foundation property within Southbridge 1st Addition; and to authorize the release of the financial securities from the Minneapolis Foundation. BACKGROUND: The Minneapolis Foundation is selling their property within Southbridge 1st Addition to Arcon Development Inc. As part of that conveyance, the Minneapolis Foundation is assigning to Arcon Development the performances governed by the Developer's Agreements. In conformance with a requirement in the Developer's Agreement, Arcon Development will be providing the City with letters of credit to insure the payment of the special assessments for the construction of the collector street and the landscaping improvements. The City is asked to sign a "Consent and Release" thereby consenting to the assignment by the Minneapolis Foundation to Arcon Development of the obligations under the Developer's Agreements and to release the Minneapolis Foundation from their obligations under the Developer's Agreements. Authorization for the City Clerk to sign the "Consent and Release" will release the Minneapolis Foundation from its obligations under the Developer's Agreements. Upon the receipt of the letters of credit from Arcon Development, the letters of credit from the Minneapolis Foundation in the amount of $92,560 and $364,808 can be released. City Council may remember that they approved a similar request of Valley Green Business Park last fall. The attached forms approved for Valley Green Business Park: "Assignment and Assumption of Developer's Agreement" and "Consent and Release" were reviewed and approved by the City Attorney. The modifications to the forms for the Minneapolis Foundation will be reviewed and approved by the City Attorney prior to execution by the City Clerk. ALTERNATIVES: 1. Approve execution of the "Consent and Release" 2. Do not approve execution of the "Consent and Release" 3. Table for additional information RECOMMENDED ACTION: Staff recommends alternative number 1, approve execution of the "Consent and Release" . This is considered a housekeeping matter. ACTION REQUESTED: 1. Approve the "Assignment and Assumption of Developer's Agreements" between the Minneapolis Foundation and Arcon Development Inc. for certain property in Southbridge 1st Addition and authorize the execution of the "Consent and Release" . 2. Authorize the City Clerk to release the letters of credit from the Minneapolis Foundation for certain property owned by the Minneapolis Foundation in Southbridge 1st Addition upon the receipt of letters of credit from Arcon Development Inc. OrottV I). (V h:\judy\assignsb ASSIGNMENT AND ASSUMPTION OF DEVELOPER'S AGREEMENT THIS AGREEMENT is made as of August a , 1998, by and between Valley Green Business Park Limited Partnership, a Minnesota limited partnership ("Seller"), and Centex Homes, a Nevada general partnership ("Buyer"). RECITALS A. The City of Shakopee, Minnesota (the "City") has, by Resolution No. 4885 adopted on April 21, 1998, given final approval to the Subdivision referred to as Southbridge First Addition, in Scott County, Minnesota. City and Seller have entered into a Developer's Agreement, dated July 21, 1998, regarding the part of the Subdivision legally described as Lots 1 through 21, inclusive, Block 5, Lots 1 through 12, Block 6, and Outlots F, G and H, Southbridge First Addition (the"Property"), a copy of which is on file and of record in the office of the Scott County Registrar of Titles as Document No. 96798. Pursuant to the Developer's Agreement, Seller agreed to construct and install the improvements designated therein as "Plan A Improvements". B. Seller has conveyed to Buyer the part of the Property legally described as Lots 1 through 21, inclusive, Block 5, Lots 1 through 12, Block 6, and Outlot H, Southbridge First Addition. Seller and Buyer desire that the obligations of Seller under the Developer's Agreement be assigned to and assumed by Buyer, that Buyer provide to the City a bond satisfactory to the City (the "Bond") to replace the security provided by Seller to the City under the Developer's Agreement (the "Seller Security"), and that the City release the Seller from the Developer's Agreement and release the Seller Security. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, and for other good and valuable consideration, receipt of which is acknowledged by the parties, it is hereby agreed as follows: M:\4271\970428\Assignment of Developer's Agreement 1. Assignment and Assumption of Developer's Agreement. Seller hereby assigns to Buyer and Buyer hereby assumes and agrees to perform the Developer's Agreement, according to its terms. 2. Release of Seller and Seller Security. Buyer hereby agrees to post the Bond with the City and to obtain the release of Seller from the Developer's Agreement and the release of the Seller Security from the City. 3. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above. CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corporation, A Nevada corporation Its: Managing General Partner By: /" Gam---- Scott . Ric,ter It : Minnesota Division President STATE OF MINNESOTA COUNTY OF Hennepin The foregoing instrument was acknowledged before me this ay day of August, 1998,by Scott J. Richter, Minnesota Division President of Centex Real Estate Corporation, a Nevada corporation, the Managing General Partner of Centex Homes, a Nevada general partnership, on behalf of the partnership. .F M AMRY JANE WEBER & LUeLU is Notary Public-Minnesota a4 > Hennepin County Signature o per on taking acknowledgement M Commission Expires 1/312000 M:\4271\970428\Assignment of Developer's Agreement VALLEY GREEN BUSINESS PARK LIMITED PARTNERSHIP By VALLEY GREEN BUSINESS PARK,INC., a Minnesota Corporation,its General Partner By lai4.,1 onaldM. Clark,Its President STATE OF CONNECTICUT _ COUNTY OF FAIRFIELD The foregoing instrument was acknowledged before me this 12.- day of August,, 1998,by Ronald M. Clark,the President of Valley Green Business Park,Inc., a Minnesota corporation, as general partner of Valley Green Business Park Limited Partnership, a Minnesota limited partnership, on behalf of the corporation and partnership. 4,,,,,,, kvit--„L__. Signature of person aking acknowledgement This instrument drafted by: t*ACEv G SOH Notary Pub& Best&Flanagan LLP (RAP) ConnecticutJan 31.2X2 4000 U.S. Bank Place nay Commission ENS , 601 Second Avenue South Minneapolis,MN 55402-4331 :, M:\4271\970428\Assignment of Developer's Agreement C . �s CONSENT AND RELEASE This Consent and Release is given by the City of Shakopee (the "City") effective as of , 1998 (the"Effective Date"). In consideration of the Assignment and Assumption of Developer's Agreement (the "Agreement") between Valley Green Business Park Limited Partnership, a Minnesota limited partnership ("Seller"), Centex Homes, a Nevada general partnership ("Buyer") to which this Consent and Release is attached, and in.consideration of the Bond referred to in the Agreement, the receipt and sufficiency of which is hereby acknowledged by the City; the City hereby consents to the assignment by Seller to Buyer and the assumption by Buyer of the obligations of Seller under the Developer's Agreement between Seller and the City dated July 21, 1998, a copy of which is on file and of record in the office of the Scott County Registrar of Titles as Document No. 96798; and the City hereby releases Seller from its obligations under the Developer's Agreement and accepts Buyer as the Developer under the Developer's Agreement. IN WITNESS WHEREOF, the City has caused this Consent and Release to be executed as of the Effective Date. CITY OF SHAKOPEE By: Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of August, 1998, by Judith S. Cox, the City Clerk of the City of Shakopee, a Minnesota municipal corporation, on behalf of the corporation. Notary Public M:\4271\970428\Assignment of Developer's Agreement