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03/16/1999
TENTATIVE AGENDA March 16, 1999 Page -2- 14] Recommendations from Boards and Commissions: A] Revised Preliminary Plat of Dublin Square, located north of 17th Avenue East and east of St. Francis Regional Medical Center-tabled 3/2 B] Tollefson Planned Unit Development, to be located northeast of CR 17 and 17th Avenue East, immediately north of Longmeadow Addition-Res. No. 5086 15] General Business A] Community Development 1. Gary Flood's appeal of BOAA decision regarding doorway on south side of building 2. Proposed Extension of Development Moratorium to B-1 Development *3. Corrected Resolution Granting SPUC a CUP for Utility Service Structures -Res. 5090 *4. Extension of Preliminary Plat Approval for Evergreen Heights *5. Set Public Hearing for Vacation of Easement in Marymark Addition-Res. 5091 B] Public Works and Engineering 1. Accepting Feasibility Report and Ordering Public Hearing on Improvements to McGuire Circle, McGuire Court and Muhlenhardt Rd., 1999-2 -Res. No. 5079 2. Ordering Feasibility Reports for 1999 Projects a. Gorman Street -Res. No. 5083 b. Vierling Drive *3. Southbridge 3rd Addition Wetland Replacement-Res. No. 5085 C] Police and Fire *1. Accepting Minnesota Auto Theft Prevention Program Grant -Res. No. 5077 D] Parks and Recreation 1. Park Bond Referendum - Internal Loan 2. Park Bond Referendum - Calling A Special Election - Res. No. 5075 3. Centex Agreement to Landscape Park Property in Southbridge - memo on table E] General Administration 1. Manufactured Housing Park Closing Ordinance- Ord. No. 543 2. Amendments to the Tobacco Regulations -tabled 3/2 (Ord. No. 542) 3. VIP Connection Charge- Supplemental *4. 1999 Part-time Employee Pay Plan-Res. No. 5082 *5. Appointment to Lower Minnesota River Watershed District Board *6. Ratification of 1999-2000 Public Works Labor Contract *7. Personal Property Tax-Electric Utilities-Res. No. 5088 *8. Supporting Repeal of Sales Tax on Local Government Purchases -Res. No. 5089 16] Other Business 17] Adjourn to Tuesday, March 23, 1999, at 7:00 p.m. TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA MARCH 16, 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] Mayor's Report A] Resolution of Appreciation to Dolores Lebens, Richard Marks, and Terry O'Toole B] April 7th Downtown Strategic Planning Conference 5] 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.) 6] 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.) *7] Approval of Minutes of January 19 and February 2, 1999 *8] Approve Bills in the Amount of$501,431.20 9] Communications: A] David Unmacht, Scott County Administrator, regarding County issues-verbal 10] Public Hearing on the proposed assessments for improvements to Vierling Drive from Sage Lane to Miller Street, Project No. 1998-2 - Res. No. 5078 11] Liaison Reports from Councilmembers 12] Recess for an Economic Development Authority Meeting 13] Re-convene 'IM - RESOLUTION NO. 5080 A RESOLUTION OF APPRECIATION TO DOLORES LEBENS WHEREAS,Dolores Lebens served as a member of the City Council from 1973 through 1987 and as Mayor during 1988 and 1989; and WHEREAS, Dolores Lebens served as the Council liaison to the Community Recreation Board during her tenure on the City Council from 1973 through 1987; and WHEREAS,Dolores Lebens served on the Shakopee Park and Recreation Advisory Board from its inception in 1990 until the expiration of her third term on February 28, 1999; and WHEREAS,Dolores Lebens has unselfishly contributed many hours of service to the City of Shakopee while serving on the Shakopee Community Recreation Board and the Shakopee Park and Recreation Advisory Board over the past 25 years. NOW, THEREFORE,BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Shakopee Park and Recreation Advisory Board and City staff,that the Shakopee City Council does hereby extend to Dolores Lebens the deep appreciation of the City for her years of civic interest and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota,held this 16th day of March, 1999. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5081 A RESOLUTION OF APPRECIATION TO RICHARD MARKS WHEREAS, Richard Marks has served on the Board of Review for the City of Shakopee since its inception in 1990 as a citizens board until the expiration of his third term in 1998; and WHEREAS,Mr. Marks' expertise in the appraisal industry has been an invaluable asset to the Board of Review; and WHEREAS, Mr. Marks has unselfishly contributed his time and service to the City of Shakopee while serving on the Board of Review. NOW, THEREFORE, BE IT RESOLVED that the Shakopee City Council does hereby extend to Richard Marks the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota,held this 16th day of March, 1999. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5087 A RESOLUTION OF APPRECIATION TO TERRY O'TOOLE WHEREAS, Terry O'Toole has been a respected resident of the City of Shakopee and while living in the City with his family has been very active and interested in both public and civic endeavors; and WHEREAS, Terry O'Toole has gladly contributed many hours of service to civic and public endeavors and has been an active and valued member of the Shakopee Public Utilities Commission from January 31, 1991 until the expiration of his second full term on March 31, 1999. NOW,THEREFORE,BE IT RESOLVED by the Shakopee City Council on behalf of the City, its commission and its staff,that the Council does hereby extend to Terry O'Toole the deep appreciation of the City and all of its inhabitants for his years of civic interest and dedicated service to the community. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota,held this 16th day of March, 1999. Mayor of the City of Shakopee ATTEST: City Clerk yQ . CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council FROM: Paul Snook,Economic Development Coordinator SUBJECT: April 7th Vision Shakopee! Downtown Strategic Planning Conference and related proclamation DATE: March 11, 1998 Mr. John Perry, Steering Committee Chair of the Vision Shakopee! Downtown Strategic Planning Project,requested a place on the March 16th City Council agenda to formally invite the Council and the community at-large to attend the Downtown Strategic Planning Conference on Wednesday,April 7th at the Burnsville Holiday Inn from 8:00 a.m. to 5:00 p.m. In addition,the Vision Shakopee! Steering Committee requests that Mayor Brekke proclaim the week of April 5 -9, 1999 to be Vision Shakopee! Downtown Strategic Planning Week. 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O co O C C gi ° v) a) c p c` c m a) � g x U �o °cc3 aUOsa aia) r „� C c • O a Q a < Z Q ENC N a ° N o oo O cE N , aC 1 _ N x ; mU o oU zN a 'va) — a _c "QO z O U n U w 3 z Q v) O w 0 CITY OF SHAKOPEE OFFICE OF THE MAYOR PROCLAMATION WHEREAS, Downtown Shakopee is a focal point of economic and social life in our community, the center of our civic and cultural activities, and a symbol of community identity and pride; and WHEREAS, Downtown is a unique place in that it most clearly reflects Shakopee's evolution, history, and differentiation from anywhere else, with its built environment being the most telling expression of these equalities; and WHEREAS, the appearance and economic health of downtown is perceived as a direct reflection of the quality of our entire community; and WHEREAS, VISION SHAKOPEE!is a volunteer-based strategic planning project that seeks to involve the community in creating a vision for downtown which honors the district as the historic, geographic, commercial and cultural center of the community; and WHEREAS, the centerpiece of the VISION SHAKOPEE!project is a conference open to the entire community in which a diverse group of participants arrives at a shared vision for downtown revealing the community's consensus direction and priorities for the district, and develops goals, strategies and action plans to achieve that vision. NOW, THEREFORE, I Jon Brekke, Mayor of the City of Shakopee, do hereby proclaim the week of April S-9, 1999 to be VISION SHAKOPEE! DOWNTOWN STRATEGIC PLANNING WEEK Given under my hand and the seal of the City of Shakopee this 16th day of March, 1999 Mayor of the City of Shakopee Attest: City Clerk OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE,MINNESOTA JANUARY 19, 1999 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; Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; Gregg Voxiand, Finance Director; Dan Hughes, Chief of Police; and Mary Athmann, Fire Chief. The pledge of allegiance was recited. Sweeney/DuBois moved to approve the agenda as presented. Motion carried unanimously. Mayor Brekke gave the Mayor's report. The following items were removed from the Consent Agenda: 15.A.2. NAPA Appeal of BOAA denial of variance request - Res. No. 5057, 15.E.1. Release of Letter of Credit - Valley Park 13th Addition, 15.E.2. Reduction of Bonds-Longmeadow and Southbridge/Centex and 15.E.5. Tobacco Regulations. The following item was added to the Consent Agenda: 15.E.7. 30 Minute Parking Restrictions on the East and North side of the Government Center. DuBois/Sweeney moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. DuBois/Sweeney moved to approve the Minutes of October 20 and 26, 1998. (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to approve bills in the amount of$1,015,324.30. (Motion carried under the Consent Agenda.) Mayor Brekke opened the public hearing on the proposed vacation of right-of-way within Dominion Hills. Michael Leek explained that the applicant is requesting the vacation to eliminate an unnecessary partial cul de sac, and a second street connection to the property to the east. He reported that the Planning Commission recommended approval of the vacation of the partial cul de sac on Peace Avenue, but recommended that the partial vacation of Dominion Avenue not proceed at this time. Official Proceedings of the January 19, 1999 Shakopee City Council Page -2- Mayor Brekke asked if there were any citizens present in the audience who wished to address the City Council on this issue. John Peterson, CE & Assoc., Coulter Land Surveyors, 13091 Echo Lane, Apple Valley, approached the podium and spoke to the vacation . He gave a brief history relating to the cul de sac, explaining that Peace Avenue was not originally intended to extend to the east. He explained that the owners would like the vacation since there is no need to extend Peace Avenue for the 2nd Addition. When asked why Dominion Avenue should be vacated, Mr. Peterson explained that the topography does not exist to the east to allow a connection into the street. A discussion ensued as to what hardships would be created if the road is included. Michael Leek explained that at the time of the final plat of the 2nd Addition a letter of credit or deposit of funds for the future construction of the road to the edge of the property would be required. Mr. Peterson stated that this additional expense would be a burden on the developer for a roadway that will not likely be built. Michael Leek explained that the security for the construction of a roadway is required at the time of final plat approval. Having no further discussion Mayor Brekke closed the public hearing. Michael Leek explained that the Planning Commission did not recommend vacating a portion of Dominion Avenue because it is zoned for a lower density. He said the question is how soon sewer capabilities might be extended, and whether it would be desirable to maintain a second connection at Dominion Avenue. The Planning Commission felt it would be beneficial to have an additional connection if the property were developed at urban densities. Bruce Loney explained that the cul de sac is 1000' from the intersection to the west and the vacation of Dominion Avenue would not create an over length cul de sac. He explained that the preliminary plat approval stated that the connections to the east, beyond the cul de sac did not need to be built until the property to the east develops. He said financial obligations have been the major issue as to why the road is not necessary. Michael Leek explained that it is the obligation of the City Council to assure that access is available to the property and is paid for within the confines of the plat. Sweeney/DuBois offered Resolution No. 5051, A Resolution of the City of Shakopee Vacating the Partial Cul De Sac Located in Peace Avenue, Dominion Hills, City of Shakopee, Scott County, Minnesota. Motion carried unanimously. DuBois moved to direct staff to prepare a request approving the vacation of a portion of Dominion Avenue. Motion died for lack of a second. Liaison reports were given by Councilmembers. Official Proceedings of the January 19, 1999 Shakopee City Council Page -3- Regarding the rezoning request of Darwin and Arliss Gilbertson for property located south of CR- 16, R16, north of Shakopee Avenue, west of Austin Circle and east of Roundhouse Circle, Michael Leek explained that due to a misunderstanding about the distinction between R3 and R2, staff was previously directed to take the zoning request back before the Planning Commission for consideration of a rezoning request to R-2. The Planning Commission reviewed the request on January 17, 1999, and recommended denial of the request as it was not consistent with the Comprehensive Plan. The property is guided for RIB. Steve Sinell, 1837 Shakopee Ave E, approached the podium and explained that the topography in this area is a hill and as the properties have sold over the years, the buyers have relied on the fact that it is guided R1. He said he believed that there was a misconception that R2 is twin homes when in fact it is multi-family dwellings with two to four units without a Conditional Use Permit (CUP), and four to six units and up to 11 units per acre. He said he did not see how a zoning of R2 could meet the transition necessary between the properties. Mayor Brekke stated that the Council must be consistent with the strategic plan, and agreed that people rely on the plan in terms of where they choose to live and invest in property. He said the Council must be sensitive to the fact that this plan has been laid out for people to base their decisions on. Michael Leek stated that if a negative action is taken he would suggest amending the Comprehensive Plan regarding this area, and direct staff to initiate an appropriate rezoning. Sweeney/Amundson moved to extend the statutory time by an additional 60 days. Motion carried unanimously. Link/Sweeney moved to table the request to rezone the Gilbertson property from Urban Residential(R-1B)to Medium Density Residential (R2). Motion carried unanimously. Michael Leek explained that SuperValu, Inc. is requesting a zoning map amendment to rezone a property from Major Recreation (MR) to Light Industrial (I1). The property is located south of 4th Avenue and west of CR-83. Staff concluded that because of the potential land impacts that would result from either zoning, the impacts would not be greater by changing the zoning on this parcel to (I1). The Planning Commission recommended approval to rezone the property from Major Recreation (MR) to Light Industrial (I1), and directed staff to incorporate an amendment into the land use plan that would guide the property with the adjacent property. Link/Amundson offered Ordinance No. 536, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning land Located South of 4th Avenue and West of CSAH 83 from Major Recreation (MR) Zone to Light Industrial(I1)Zone, and moved its adoption. Motion carried unanimously. Official Proceedings of the January 19, 1999 Shakopee City Council Page -4- Sweeney/Amundson moved to direct staff to make the appropriate changes in the Comprehensive Land Use Plan currently under review, making the rezoning in strict conformance with the Comprehensive Plan. Motion carried unanimously. Sweeney/Link moved to remove item 15.A.1., request to rezone property from I-1 (Light Industrial)to R-3 (Multiple Family Residential)for Heritage Development, Inc. from the table. Cncl. DuBois stated that she would be abstaining from the discussion and vote, and removed herself from the Council table. Motion carried unanimously with Cncl.DuBois absent. Michael Leek explained that Clifford Stafford previously requested that the City Council reconsider its action to approve the request to rezone property from I-1 (Light Industrial) to R3 (Multiple Family Residential). The property is located north of CR-16 and west of Canterbury Park. The request was tabled to allow the developer and the surrounding neighborhood to meet to discuss whether a compromise development plan was feasible. The Council then directed staff to withhold publishing the ordinance enacting the zoning change. Mr. Leek stated that a meeting was held on January 6, 1999 and a summary of the standards for several zoning districts was provided to compare them to the proposed project by Heritage development. Mr. Stafford stated that the maximum density he would find acceptable was that permitted in the R-2 district (i.e. 11 dwelling units/acre), and the maximum number of dwelling units that is acceptable is 221. He expressed opposition to apartment buildings and 3-story buildings on behalf of the residents. Tom Bisch of Heritage Development indicated that, because of the cost of developing the site which has bedrock, they were committed to an apartment project. He further indicated that a project with about 291 units in 3 story buildings was workable. This would be a reduction of 22 units proposed by Heritage and allowed by the zoning previously approved. A specific compromise was not reached between the neighborhood representatives and the developer. Cncl. Link proposed 16 units to a building with 16 buildings which would allow for all buildings to be 2 stories and would result in less density and parking requirements. A recess was taken at 8:29 p.m. The meeting re-convened at 8:40 p.m. Mayor Brekke offered members of the audience to address the Council and to ask questions about Cncl.Link's proposal or to add anything that is new to the discussion. Official Proceedings of the January 19, 1999 Shakopee City Council Page -5- Clifford Stafford approached the podium and said that he disagreed with Cncl. Link's concerns at the meeting with feasibility and profit. He said that Mr. Link's proposal of 256 units was not acceptable. He stated that the attitude from the developer is that the City has put them at a disadvantage with the development of County Road 16 and 4 lanes, and that they should ask for rezoning. He asked the Councilmembers to reconsider their vote for Ordinance No. 532. John Dellwo, 2304 Eagle Creek Blvd., approached the podium and stated that R-2 is the middle ground that the residents had hoped would be considered. He asked that the residents be heard and that the Council rescind their decision. Tom Bisch, Heritage Development Inc. approached the podium and stated that the Livable Communities Act is about higher density projects within the metropolitan MUSA area to utilize interceptors and sewer capacity to its best advantage. He encouraged the residents to speak to the Metropolitan Council about what the Livable Communities Act is about. He said that they came forward in good faith with a concept and met with the neighborhood when they weren't required to do so. They explained what they were attempting to do, and made accommodations to berm, placing 150' between them and the road, and tried to place the 3-story building to the back and the 2-story buildings to the front. Heritage has explained the bedrock conditions which make the development expensive. He said the purchase agreement was based on a minimum of 290 units, with a zoning of R-2, R-3 combined. They are on the lower end of the suggested R-3 zoning for this property and the concept is not a requirement for zoning. He said there are no variances in the concept and they meet and/or exceed some of the requirements of the proposed zoning. He said they want to be fair and have tried to come forward with all information, and that staff agreed with the R-3 zoning because it made sense when looking at the bedrock situation. He said that it is the position of Heritage Development that the proposal is sound, brought forth in good faith, and requested that the Council act on the proposal as is. He said if the decision is rescinded he would come back with a proposal to fit the guided proposal of R-2, R-3 and 290 units because the Comprehensive Plan shows(R-2)R-3). He said that market rate apartments are expensive with a 3 percent vacancy rate and that they stand on what was presented. Mayor Brekke stated that the Council did grant a rezoning to the entire property to (R-3) In response to a question regarding height limitations, Michael Leek explained that light manufacturing in warehouse operations and accessory uses have a height limitation in the (I1) district of 45 feet. The residential height limitations are 35 feet with the clarification that if a project proposes structures more than 2 1/2 stories or more than 35 feet a CUP would be required in a residential zone. However, the height limitation is more lenient in the (I-1) district than in the residential district. Tom Bisch stated that Heritage Development intends to develop the property at a density of 290 units. Official Proceedings of the January 19, 1999 Shakopee City Council Page -6- The issue is dead due to a lack of motion. The property is rezoned to R-3 from I-1 as adopted in Ordinance No. 532 on November 17, 1998. Cncl. Link stated that he would be abstaining from the discussion and vote on the NAPA appeal and removed himself from the Council table. Sweeney/Amundson offered Resolution No. 5057, A Resolution of the City of Shakopee, Minnesota, Approving a 6.65 Foot Variance to the 20 Foot Side yard Setback Within the Highway Business (B-1) Zone, Section 11.36, Subd. S.C., and moved its adoption. Motion carried 3-1 with Cncl. Link abstaining and Mayor Brekke opposed. DuBois/Sweeney offered Resolution No. 5052, A Resolution of the City of Shakopee, Minnesota, approving a 38 Foot Variance to the 75 Foot Setback from Residential Zones for a Property Within the Highway Business (B-1) Zone, Section 11.36, Subd. S.C., and moved its adoption. (Motion carried under the Consent Business.) DuBois/Sweeney moved to authorize the distribution of the Draft Issue Paper for Consideration by the Minnesota State Legislature relating to Metropolitan Governance. (Motion carried under the Consent Agenda.) DuBois/Sweeney offered Resolution No. 5053, A Resolution of the City of Shakopee Vacating Resolution Nos. 4362 and 4603, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to authorize the publication of notice in the "EQB Monitor" and distribution of the draft EAW for review and comment for the proposed Department 56 distribution center. Property is located south of 4th Avenue and west of CR-83. (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to terminate Layne Ottenson's probationary status. (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to authorize the appropriate City officials to execute the Joint Powers Agreement for 1999 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. (Motion carried under the Consent Agenda.) DuBois/Sweeney offered Resolution No. 5054, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the River District Truck Sewer Reconstruction Project No. 1999-1, and moved its adoption. (Motion carried under the Consent Agenda.) War'I Official Proceedings of the January 19, 1999 Shakopee City Council Page -7- DuBois/Sweeney offered Resolution No. 5055, A Resolution Accepting Work on The Valley Park 13th Addition Improvements Project No. 1996-8, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Sweeney offered Resolution No. 5056, A Resolution of the Shakopee City council Authorizing Execution of a Grant Agreement with the State of Minnesota for an Automatic External Defibrillator, and move its adoption. (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to authorize the hiring of Romaine Drowns as a probationary police officer at a monthly rate of$2,743.95 subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the Consent Agenda.) Mark McNeill suggested that action on the release of Letter of Credit for Valley Park 13th Addition be deferred until Shakopee Public Utilities has had the opportunity to sign off on the special assessments. Bruce Loney stated that as part of the developer's agreement, the developer is required to provide a Letter of Credit to insure payment of special assessments. He said it was his understanding that the assessments have been paid in full. Cncl. Sweeney proposed tabling action until the Shakopee Public Utilities has signed off where there is a public utility that has a financial interest in a project before refunding any money. Jon Albinson, Valley Green Business Park, approached the podium and stated that the developer's agreement required the developer to put up a Letter of Credit requiring them to pay the principle and interest payments on an annual basis which are allocated on the property tax statements, which they have done. He said there were 2-3 parcels with a balance of special assessments which were paid December 28, 1998. There are now no obligations for any future assessments. He said the Letter of Credit is to protect the City in the event they do not make an annual payment of principle and interest on their tax statement. Because Valley Green Business Park has met the requirements of the Letter of Credit, he said they are entitled to the return of the Letter of Credit. If there are additional costs,the City can re-assess the properties. Jim Thomson explained that the Letter of Credit was based on actual costs and if there are any additional costs and assessments that must be re-evaluated they will not have any impact on the Letter of Credit. Sweeney/Link moved to authorize the release of the letter of credit from Valley Green Business Park for public improvements in Valley Park 13th Addition in the amount of$254,917.40. Official Proceedings of the January 19, 1999 Shakopee City Council Page -8- In response to a question as to how the two year maintenance guarantee on the improvements affects the repayment, Judith Cox, City Clerk, explained that the City let a contract and did receive a warranty from its contractor when it made the improvements. She said the warranty is a bond from an insurance company. Motion carried unanimously. Judith Cox explained that there are only oversizing costs connected with the Longmeadow development. She said the developer has made the improvements and the oversizing costs will be reimbursed by the Shakopee Utility Commission to the developer. Sweeney/DuBois moved to authorize the reduction of the performance and payment bond from Centex Homes for public improvements in Longmeadow from $209,390 to $52,347.50. Motion carried unanimously. Sweeney/Link moved to authorize the reduction of the performance and payment bond from Centex Homes for public improvements in Southbridge 1st Addition form $346,650 to $155.000. Motion carried unanimously. Judith Cox, City Clerk, explained that requests for the release and reduction of financial guarantees are coming before the Council more frequently because there is more development. She asked if the Council would like these to be taken care of administratively, rather than bringing them before the Council each time, assuming that all the conditions of the developer's agreement have been complied with. If the Council wishes to do so she recommended adoption of a resolution. Sweeney/DuBois offered Resolution No. 5050, A Resolution Authorizing the City Clerk to Reduce/Release Letters of Credit and other Security for Public Improvements Contained in the Developers' Agreements, and moved its adoption. Motion carried unanimously. Sweeney/DuBois moved to authorize the purchase of a compact 4x4 pickup from Albany Ford in the amount of $16,038 under the Hennepin County Cooperative contract. Motion carried unanimously. Sweeney/DuBois moved to authorize the purchase of one extended cab - 4 door, 1/2 ton, 4x4 pickup from Falls Automotive in the amount of 22,925 under the Hennepin County Cooperative contract. Motion carried unanimously. Cncl. Sweeney stated that he is not willing to exempt the liquor establishments from the prohibition of self-service merchandising. Official Proceedings of the January 19, 1999 Shakopee City Council Page -9- Sweeney/Amundson moved to set a hearing for Tuesday, March 2, 1999, at 7:00 p.m., or thereafter, to consider amending the tobacco regulations to exempt tobacco stores from the prohibition of self-service merchandising. Motion carried unanimously. DuBois/Sweeney moved to approve the application and grant a massage center license to Susan Tonneson dba/Balancing Touch at 415 East 1st Avenue upon compliance with the requirements of the City Code. (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to waive the requirement of Section 6.40, Subd. 6 of the City code requiring a resident manager or agent so long Ms. Tonneson is on site and is regularly operating the business. (Motion carried under the Consent Agenda.) DuBois/Sweeney moved to direct that the indicated signs be changed to increase the 15-minute parking restrictions to 30-minute parking restrictions, on the west side of Holmes Street from Fourth Avenue to Fifth Avenue, and the south side of Fourth Avenue immediately in front of the Scott County Government Center Building. (Motion carried under the Consent Agenda.) DuBois/Sweeney offered Resolution No. 5059, a Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Orchard Park West P.U.D. 2nd Addition, and move its adoption. (Motion carried under the Consent Agenda.) A recess was taken 9:33 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting was re-convened at 9:36 p.m. A recess was taken at 9:36 for an executive session to discuss pending litigation and labor negotiations. The meeting was re-convened at 10:03 p.m. The Mayor announced that there was no action taken during the executive session. Sweeney/Link moved to adjourn to Monday, January 25, 1998, at 6:00 p.m. Motion carried unanimously. The meeting was adjourned at 10:04 p.m.1th S. Cox • i„Lik. d.g\ic Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA FEBRUARY 2, 1999 Mayor Brekke called the meeting to order at 7:01 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. The pledge of allegiance was recited. The following item was added to the agenda: 16. Public Buildings Discussion. 17. Pending Litigation. DuBois/Amundson moved to approve the agenda as modified. Motion carried unanimously. The following item was added to the Consent Agenda: 14.C. Amendment to Zoning Ordinance relating to conditional use permits and variances- Ord. No. 538. The following item was removed from the Consent Agenda: 15.E.2. Nominations to Boards and Commissions. Sweeney/Amundson moved to approve the Consent Agenda as modified. Motion carried unanimously. Sweeney/Amundson moved to approve the Minutes of November 4, 10, 17, 1998, and January 11, 1999. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to approve bills in the about of$303,424.64. (Motion carried under the Consent Agenda.) Liaison reports were given by Councilmembers. Mayor Brekke asked if there were any citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. Michael Leek explained that the Boulder Ridge property was guided as a combination of commercial and medium density residential in the 1995 Comprehensive Plan, and the original Final Plat was approved in October, 1997. The area involved in the appeal of the denial of a CUP by the BOAA is north of the commercial portion of the site in Blocks 3 and 1. Additionally, Outlot A was identified for private road circulation. He explained that a CUP is required because there are multiple structures on each lot. The property is zoned (R2) which allows a density of 5- 11 units per acre. The site totals 8 acres and the overall density of this project is proposed to be 7 units per acre. Official Proceedings of the February 2, 1999 Shakopee City Council Page -2- The two variances associated with the CUP request are for a front yard variance along Vierling. The request is to allow a 30 foot setback for three structures. (The setback requirement is 35 feet). There was also a request for a rear-yard setback as well. The Planning Commission reviewed the request in January and unanimously voted to deny the CUP permit for multiple structures on one lot. The Sands Company then filed an appeal. Darrick Metz, Sand Co., approached the podium and explained that with the R2 zoning for the two lots they could build 8 to 12 units without a CUP. He said the site is zoned for 5-11 units per acre. He said the CUP process originally appealed to them. They notified residents within 250'- 300' to have a neighborhood meeting to share their plans for the property and answer questions. He presented pictures of the original concept plan with 88 units and said that the proposal is now different When they move into a community, they have a long time involvement and investment. He said they wanted to see a transition between the commercial and the residential portions. After studying the area they came up with a plan for several 4-unit buildings. He said it would have been easier to make more smaller units but after the neighborhood meeting it was clear that there were concerns about the type of housing and landscaping and berming that would be built. Mr. Metz explained that they could have a density of 11 units per acre but are currently at 7 units per acre. There is also 50 percent more landscaping than that required as a result of concerns of the residents. Mr. Metz stated that when the land was purchased Outlot A already existed and had a private road maintenance agreement. He said the private road meets the same standards of a normal city road. There is also a signed and recorded maintenance agreement for the private road. Speaking to the variance issues, Mr. Metz stated that they tried to break out the buildings into smaller 4-unit buildings as well as create green space between the rental units. They are requesting a 5 foot variance along Vierling Drive and a 7 to 9 foot variance along Outlot A and the back road. In response to the Board of Adjustments and Appeals decisions based on criteria, Mr. Metz stated that they could find no evidence to support the idea that multiple units on one lot have a detrimental effect on the surrounding property. However, the Board voted negatively, 3-3. Addressing the private road issue again, Mr. Metz stated that this is an adequate use of a road that feeds onto a 4-lane road. He said they are willing to look at adding speed bumps or signs if necessary. He asked that the Council review the conditions and look at the current proposal in relationship to what was earlier approved conceptually. Official Proceedings of the February 2, 1999 Shakopee City Council Page -3- Perry Mulcrone, representing the neighborhoods of Prairie Estates & Meadow Estates, approached the podium stated that he was not aware of a proposed turn a round, that the setback variances were defeated by the Planning Commission twice because no hardship was pointed out, and that the residents are not in favor of a CUP. He said that the neighborhood meeting was more of a presentation than a discussion. However, he said that discussion regarding berms and trees did take place and that the Sand Co. agreed to berms on other land. In response to criteria 1 regarding risk of location, he stated that the residents would prefer office property next to them over a residential development. He also said they were concerned with the width of streets and had snow removal concerns. In response to research regarding property values, he stated that the buffer of 1 1/2 blocks on the original application is significantly different than that proposed to be directly adjacent. Mr. Mulcrone stated that the residents feel that the project is wrong as it violates the criteria of City Code 11.85. He said the buffer is inappropriate and there is an over intensification of the land. He said the variances should be denied because there was no demonstration of hardship by the Sands Co. He discussed the FBI crime analysis stating that 6 rental developments accounted for 10 percent of the police incidences, that property values appreciated only 5 percent for those properties directly adjacent, compared to those with a proper buffer at nearly 10 percent. He said there are snow and drainage issues, security and transportation issues, and inadequate parking. Dan Vierling, 1217 Sunflower Circle, approached the podium and explained that the original plat had 30 foot streets. He said the developer is designing the property for the dwellings rather than the dwellings for the property, and no hardship has been proven for the setbacks. He addressed the short driveways stating that vehicles extending into the drive lane could cause rear ends. Approximately 56 children are estimated in this area and he expressed concerns of playing in the narrow streets and safety. He also discussed parking issues and raised concerns of congestion, increased traffic and snow removal. He said there is no area set aside for snow removal. Perry Mulcrone approached the podium and stated that the developer is asking the community to overlook and grant a CUP rather than going through a platting or a PUD. He said they are asking for variances rather than constructing 6 fewer units, and to overlook the safety hazard of private and narrow streets, the lack of parking, the impact on the neighborhood in the way of traffic, increased crime, impaired property values, and the wishes of the residents. He said the biggest issue is congestion. A discussion ensued as to how large an issue it is to the residents that this is a rental project as opposed to an ownership of properties. Mr. Mulcrone stated that the residents would feel better about ownership properties and asked Council to go with the permitted uses. When asked about the number of variances requested, Michael Leek stated that there are two variances that would effect 3 units with respect to the front yard and 6 units with respect to the rear yard setback. Official Proceedings of the February 2, 1999 Shakopee City Council Page -4- Dave Nummer, 1235 Sage Lane and a member of the BOAA, approached the podium and stated that the debate began with looking at how the project related to the criteria for the CUP. He said in looking at this, the Board of Adjustments and Appeals determined that the conditions attached to approval would determine whether or not the criteria was met. Once the conditions were determined that would mitigate the impacts to the properties; they would look at the development with all the conditions to determine whether that met the criteria. The Board members were uncomfortable with granting variances with the CUP and asked the developer to look at the project without them. The developer's response was that they did not want to do so as they were under a deadline and they wanted a decision. The result was a split decision by the Board, and eventually a denial. If the Council looks toward approving the CUP, Mr. Nummer asked that the Council consider heavily the conditions that have already been drafted. Michael Leek explained that the original developer for Boulder Ridge was encouraged to submit a PUD for the entire development. He said that a PUD allows for unified planning of a development and is encouraged on parcels of 10 or more acres. He said there is more flexibility for variances within an approved PUD with the thought of a trade off such as more open or green space. Leo Sand, President Sand Co., approached the podium and explained that the property is zoned (R2), they have applied for a CUP, and that the city had looked at guiding the property for 88 townhome units prior to their purchasing the property, and that the private road was also approved by the City prior to their purchase. He said if the buildings were moved, most, but not all of the variances could likely be eliminated. He said they are willing to listen. He said the question must be asked, if the property is better suited for 88 units or for 56 units. He said the property is properly zoned and a CUP is required for multiple structures, not "rental townhomes" or"for sale homes." Michael Leek stated that the concept PUD plan had 88 rental units. After the concept review, the previous property owner chose not to proceed with the PUD process. Steve Menden, 1213 Sunflower Circle, approached the podium and asked for clarification regarding the private roadway width. Michael Leek stated that the Outlot platted for the private road is 30 feet and the roadway width requested is 28 feet curb face to curb face, within the 30 foot easement. He explained that the Outlot is a mechanism for reserving the area for the roadway, and the City has consistently approved private road sections of 28 feet wide. Cncl. Sweeney stated that he was in favor of affordable housing because cities have the duty to allow people employed in the city to live in the city, which means there will be affordable housing. He said that most, if not all of those present have been through the rental-ownership transition, and that owning or renting doesn't make anyone better or worse than anyone else. He said his Official Proceedings of the February 2, 1999 Shakopee City Council Page -5- concerns were related to variances and not affordable housing issues, and that his vote would be related to the variances requested. Norbert Theis, 12466 Marystown Rd, approached the podium and stated that two parcels of his were annexed and developed and no variances were granted. He asked that the Council keep to the same requirements for variances. A recess was taken at 8:30 p.m. The meeting re-convened at 8:41 p.m. Cncl. Link stated that he was opposed to narrow and private streets and variances in new plats unless hardship can be shown. Link/DuBois moved to deny the Appeal request of the Sand Companies for a Conditional Use Permit for multiple structures on one lot in the Medium Density Residential (R2) Zone upholding the Board of Adjustment and Appeals decision and to direct staff to draft a resolution consistent with that determination. Cncl. DuBois stated that the criteria did not exist in the findings to substantiate granting the CUP. Cncl. Amundson stated that she is an advocate for affordable housing, but can't get over the issue of variances and that if the request is granted she would like to see a reduced density. Cncl. Sweeney stated that the dead end, 28 foot street is the most obvious issue. He also asked why the project is not a PUD with all the variances, because the intent of a PUD is to mold development to the property so that the interests of the City and the developer are met. He said he would be voting negatively because of the number of variances. Mayor Brekke stated that he supports affordable housing and usually does agree with the Planning Commission. As much as the residents would like to maintain the open space, the property will eventually be developed. He also asked the developer if they were willing to make changes to the density, traffic flow, and removing the variances from the request within the context of the CUP. Leo Sand approached the podium and thanked the Council for their consideration and stated that they have tried and will continue to come up with a lower density project. He also said that it must be kept in mind that they do have constraints. They are dealing with a platted parcel with private streets already platted, as well as the possibility of moving utilities within the easement. Motion carried unanimously. Official Proceedings of the February 2, 1999 Shakopee City Council Page -6- Sweeney/Amundson offered Resolution No. 5058, A Resolution of the City of Shakopee, Minnesota Approving the Final Plat of the Condominiums of Shenandoah Place, and moved its adoption. (Motion carried under the Consent Agenda.) Michael Leek explained that the proposed text amendment regarding the Shoreland Ordinance is in response to concerns raised bythe DNR about the ordinance. They also relate to changes P proposed as part of the draft Business Park Zoning District. After review, the Planning Commission recommended that mining not be permitted within the shoreland zone. Sweeney/Link offered Ordinance No. 537, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Section 11.54 (Shoreland Overlay Zone), and moved its adoption. Motion carried unanimously. Sweeney/Link offered Ordinance No. 538, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Section 11.85, (Conditional Use Permits), and moved its adoption. (Motion carried under the Consent Agenda.) Mark McNeill reported that the City and the school district jointly hired an appraiser in October, to establish the value of a piece of land which the school district is interested in purchasing. This 8.8 acre parcel of land was dedicated for park or school purposes as part of the Southbridge plat. This parcel would be combined with approximately 9 acres of adjacent property which has been guided as commercial, and currently owned by Southcross Development. Efforts are being made by the City to get the 9 acre parcel into the MUSA area. If unsuccessful, the school building itself could be configured so that it would remain entirely within 8.8 acres served by MUSA, and eligible for sewer. A value of just under $38,000 has been established for the land in this area, which is more than what the school district recently paid for property south of the bypass. They have suggested paying the City $30,000 per acre; in view of the fact that the same tax payer would be both paying for the purchase, and benefiting from its sale. The 8.8 acres would generate $264,000. Sweeney/Link moved to authorize the sale of 8.8 acres of land for $30,000 per acre in 27- 250084-0 and/or 27-250085-0, Outlots J and K of Southbridge First Addition, to I.S.D. 720, assuming concurrence by the School Board. Motion carried unanimously. Mark McQuillan gave an update on the Parks and Recreation Advisory Board and the Citizen Task Force recommendations for a park bond referendum to fund improvements of the City recreation facilities. He reported that after six months of advertising and recruiting by staff, a committee of 15 residents were assembled to review the parks and recreation facility needs. From the outset, the 15 member committee established 5 major goals it wished to accomplish. Over the next 11 months, the Task Force reviewed operating budgets, capital improvement projects, the city's new park systems plan and toured each park. In November, 1998, the task force conducted a Parks Facilities Survey. 1,500 residents were randomly selected to fill-out a survey which Official Proceedings of the February 2, 1999 Shakopee City Council Page -7- resulted in a 32 percent return rate. The purpose of the survey was to gain citizen input about the existing park system and what needs to be done to improve it. Mark McQuillan asked that the Council review the recommendations of the Task Force, discuss the funding proposal, and if the Council concurs with the recommendations, direct staff to meet with its bond counsel to provide an analysis of a $4 million and/or $6 million bond referendum and its impact on an average house value of$115,000 over a 20 year period. He also asked that the City Attorney be directed to draft the appropriate language to be placed on the referendum ballot, and that staff be directed to prepare an Operating Performa for the Community Center to include a leisure pool and fitness facilities. Matt Lehman, Vice-Chair Citizens Task Force, approached the podium to discuss how they came to the conclusion of what should be included in a possible referendum. He discussed the areas that were supported by the survey results and stated that the overwhelming support was for a swimming pool at the Community Center. The items were ranked in order of support by the citizens and $40.00 per year tax increase was the point at which support began to decline. He said the task force had a problem with this amount because it would be a $4.5 million dollar bond referendum just for the pool. He said with the support across the board in other areas, the task force did not feel this would be the way to go. As a result, other projects with high support were incorporated to compliment each other. Mark McQuillan reported that the original estimate for a leisure pool was $3.2 million. With inflation factored in that amount increases to $3.6 million. When asked if there would be enough support for the referendum for the pool, Jeff Kaley, Chairperson, Parks and Recreation Advisory Board, stated that he was very surprised by the support and that there were a number of write in comments in support of the pool. He said the pool would be more strongly supported as part of a package of other projects throughout the community. In response to a comment regarding the difficulty of the Task Force in not including a second sheet of ice in the recommendation, Matt Lehman stated that there was much discussion regarding adding a sheet of ice. However, he explained that the job of the Task Force was to look at what the citizens want and to represent that. Cncl. Sweeney stated that he would like to see an Operating Performa for operating the pool in order to see how much subsidizing would be needed. He also complimented the Citizens Task Force for not taking into account the operating costs and focusing on the survey results. Matt Lehman stated that addressing the needs of teens is very difficult and recommended gathering a group of teens to see what they would like. He said a multi-purpose room could be used by both teens and seniors as they would not likely use the facility at the same time. Official Proceedings of the February 2, 1999 Shakopee City Council Page-8- A discussion ensued regarding funding. Mayor Brekke suggested a 1/3 fund match from the City of what Council approves in the proposed referendum to be expended, if the referendum is approved. There was discussion on using funds from the sanitary sewer fund as an inner fund loan. Jeff Kaley stated that the community needs to look at ways to fund projects to keep up with the growing community. He said that a second sheet of ice could help offset the cost of running a pool, but cautioned that the community could perceive the Community Center as a special interest facility. In response to questions as to the amount of park dedication fees collected in a year and where they go, Mark McQuillan said he would provide a report at the next meeting to show the type of bond proposal that staff might be looking at. Cncl. Sweeney stated that the 1998 budget was $140,000 compared to a 1999 budget of$145,000. Mark Ingerham explained that the park dedication fees are designed to pay for trails and parks required as part of new development. Sweeney/DuBois moved to direct staff to meet with its bond counsel to provide an analysis of$4 million and/or $6 million bond referendum and its impact on an average house value of$115,000 over a 20 year period. Motion carried unanimously. Sweeney/Amundson moved to direct staff to prepare an Operating Perfoma for Proposal A(pool) and Proposal B (second ice sheet) for the Community Center which would include a leisure pool and fitness facilities. Motion carried unanimously. Mark McQuillan reported that the Park and Recreation Advisory Board is recommending that the City Council fund up to $550,000 for improvements to the Joe Schleper Baseball Stadium. Of particular concern is a concession stand, restrooms, a press box, a canopy over the grandstand area, and completing the interior of the grandstand for storage. Some of the parking is proposed to be eliminated to allow for needed restrooms and concession area. The press box would accommodate the public address announcers and radio stations. The 1999 five year Parks Capital Improvement Program identifies $200,000 of Park Reserve funds for stadium restrooms, concession stand and press box. In 1995, the City Council identified $380,000 of TIF funds for various improvements in Tahpah Park. Those funds are still identified for Tahpah Park. With the $380,000 TIF funds, the stadium project will have an estimated shortfall of$175,000. Therefore, the project either needs to be scaled back or additional funding from another source will be necessary to complete the project. One suggestion would be to fund the project using a combination of TIF funds and Park Reserve Funds. Staff recommends a base bid to include the concession stand, restrooms and press box, and to bid the canopy, storage under the grandstand and landscaping as alternates. Official Proceedings of the February 2, 1999 Shakopee City Council Page -9- Bill Schleper, 1282, Polk St. S., approached the podium and explained that the stadium project was started by his father in the early 1980's. He said that Tahpah Park is one of few parks not to sell concessions. A press box is necessary as the PA system must be put up and removed after every game. Currently announcers and/or cable operators must sit outside in the weather with their equipment and it would be more convenient if they could set their equipment up in a more stable area. The canopy is a safety factor as it would serve as a sun screen, covering approximately 2/3rds of the people in the stands. The roof also doubles as a sun screen for both the infield and outfield players. Steve O'Neill, 332 128th St. W, approached the podium and stated that he was instrumental in asking for consideration in naming the field after Joe Schleper. He said the Stadium Lights Committee has gone over and beyond its original task to bring lights to the stadium. He said he would like to bring the field to the point where funds can be put back into the field as there are some maintenance issues to deal with. He explained that state tournaments at any level require some of these things. Mayor Brekke supported bidding using alternatives. Cncl.Sweeney expressed support for having some of the funds from the sales from the concessions go back into the park system as opposed to staying with Tahpah Park only. Link/Sweeney moved to direct staff to prepare and seek Request For Proposals for architectural and design services for the Joe Schleper Baseball Stadium Improvement Project. Motion carried unanimously. Sweeney/Amundson moved to authorize the appropriate City officials to execute the consultant contract extension agreements, as prepared by the City Attorney, for WSB & Associates, Inc., MSA Consulting Engineers, Inc., and Bolten & Menk, Inc. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates for professional services in completing the Stormwater Management Plan for the City of Shakopee. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to direct staff to prepare an amendment to City code Sec. 6.40 Subd. 5A to permit massage centers in the Major Recreation District in hotels in the (MR)District. Motion carried unanimously. A recess was taken at 10:33 p.m. The meeting re-convened at 10:43 p.m. Bruce Loney reported that staff has received a petition for public improvements for Sarazin Street along the western boundary of the Prairie Village development. He said that staff met with the Beta Seed property owners but has not yet spoken with a representative of St. Francis. He Official Proceedings of the February 2, 1999 Shakopee City Council Page -10- explained that Beta Seed is in the 5th year of a research project and therefore has a problem with extending Sarazin Street at this time. However, they would agree to allow construction of the first portion of Sarazin St. to the first street serving Prairie Village 4th Addition. Cncl.Sweeney stated that he would like the report to go to Valley View Road. Sweeney/DuBois offered Resolution No. 5056, A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Report for Sarazin Street from St. Francis Avenue to the Southern Boundary of the Prairie Village Development, and move its adoption. Motion carried unanimously. Sweeney/DuBois directed staff to include in the preparation of the report that Sarazin Street go to Valley View Road. Motion carried unanimously. Mark McNeill reported that over the past year discussions have taken place for the purchase of a 50.24 acre MnDOT parcel, and the request by the Park and Recreation Advisory Board for establishment of a community park site on that property. He said that in September, 1998, MnDOT sent a letter stating a purchase price of$725,000 would be needed for the entire parcel, with all assessments to be assumed by the City. In November, the Council assessed the total acquisition cost of 9.5 acres ($136,835) against the entire 560 acre Southbridge site and the MnDOT parcel. This leaves a total of 40.74 usable acres. The total cost per acre, including assessments, is$24,088.80 per acre. The total cost to purchase the 40.74 net usable acres, including assessments, is $725,000 + $331,597.05 (balance of assessments) + $61,615.48 (first years assessments). After allowing the funding from the school purchase (-$264,000) and project costs (-$136,835), it means a total cost balance shortfall to purchase in the amount of$717.377.53. He asked the Council if a park is desired, and if so, what size. He also stated that Council may want to take a look at selling the remainder, as there is a church that has expressed an interest in purchasing 8 to 10 acres in this location. He asked if the Council wished to purchase the property and pay all the assessments at once. Cncl.Sweeney suggested that the City buy the property at this time as opposed to MnDOT putting it up to the highest bidder. Sweeney/Link moved to direct that a check in the amount of$722,607.50 ($725,000 - $2,392.50 deed tax) to be made payable to the "Commissioner of Transportation - Trunk Highway Fund", for the purchase of the MnDOT property(located in the Southbridge 1st Addition). Cncl.DuBois questioned if future park dedication fees for additional commercial property that will be developed in the area could be earmarked to reimburse the funds that will be used for the shortfall in the purchase of the MnDOT property. Mr. McNeill explained that it is the staff Official Proceedings of the February 2, 1999 Shakopee City Council Page -11- recommendation that the general fund reserves be reimbursed, as that would be the source of funding for the purchase at this time. Motion carried unanimously. DuBois/Amundson moved that the difference in dollars available for the purchase of the MnDOT parcel be refunded by the park dedication fees of the commercial land that is going to be developed in the future (Shakopee Crossings commercial development). Motion carried unanimously. Mr. McNeill explained that he would pursue asking MnDOT if they would go back to the previous practice that they had that if land was purchased for public purpose that they would sell it to us at cost. This is what was done at Tahpah Park. Sweeney/Link moved to direct staff to ask MnDOT if they would sell their property in Southbridge to the City at their cost. Motion carried unanimously. DuBois/Sweeney moved to direct that the Shakopee Park and Recreation Advisory Board be directed to make a recommendation regarding park land size and configuration of a community park on the MnDOT parcel in the Southbridge Addition. Motion carried unanimously. Sweeney/Amundson moved to approve the job description for Office Service Worker as presented and authorizing the appropriate persons to proceed with recruitment for the position. (CC Doc. #268) (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to approve the applications and grant temporary on-sale liquor licenses to the Church of St. Mark, 350 South Atwood Street, for February 6, 1999 and July 24 and 25, 1999. (Motion carried under the Consent Agenda.) Mayor Brekke reported that Cncls. Amundson, Link, and Mark McNeill will serve on the nominating committee to interview applicants to fill openings on Boards and Commissions. Sweeney/DuBois moved to make nominations to Boards and Commissions: 1) Planning Commission and Board of Adjustment and Appeals: Bill Mars, Dave Nummer, Jerome Ince, Jay Lyle, Cory Bullard, Jason Bullard, and Christina Nadeau; 2) Park and Recreation Advisory Board: Jeff Kaley, Dean Shaner, David Vosejpka, Christina Nadeau, and Jason Bullard; 3) Shakopee Public Utility Commission: Andrew Unseth, Cory Bullard, and Mark Miller; 4) Police Civil Service commission: Kim Weckman and Jason Bullard; 5) Cable Communications Advisory Commission: no applications received; 6) Shakopee Community Access Corporation Board of Directors: Jay Whiting; Official Proceedings of the February 2, 1999 Shakopee City Council Page -12- 7) Building Code Board of Adjustments and Appeals and Housing Advisory&Appeals Board: No applications received; 8) Board of Review: Cory Bullard. Motion carried unanimously. Sweeney/Amundson moved to approve the application and grant a Tattoo License to Polly Sills, Body Art, 205 South Lewis Street, upon receipt of evidence of the required insurance. (Motion carried under the Consent Agenda.) Mark McNeill stated that employees are encouraged to utilize direct deposit of payroll checks. He explained that lost or destroyed checks cost the city to process a replacement and staff has discussed the idea of charging a $20 fee to process a replacement check. The fee would be waived if the employee immediately signed up for direct deposit. Additionally, the city has not been charging interest on late payment of invoices. Until recently, this has not been a problem. The City Attorney has reviewed the issue and determined that Council could impose a charge of 1.5 percent per month interest. DuBois/Amundson moved to direct staff to prepare an amendment to the fee resolution, imposing a$20 fee for processing a replacement check to the employee and imposing a 1.5 percent interest charge for all accounts receivable not paid within 30 days. A discussion ensued regarding fees collected by the City and paid to S.P.U.C. Motion carried unanimously. Sweeney/Amundson moved to approve the "Assignment and Assumption of Developer's Agreements" between Arcon Development Inc. and Contractor Property Developers Company for Outlot I, Southbridge 1st Addition and authorize the execution of the "Consent and Release". (Motion carried under the Consent Agenda.) Cncl. Link inquired about the water damage to the pool building. He explained that the furnace went out and asked if this would be covered by insurance. Mark McNeill stated that this would be covered. He also asked whether the heated buildings were periodically checked in periods when the temperature is very cold. A recess was taken at 11:04 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting was re-convened at 11:10 p.m. A recess was taken at 11:10 p.m. for the purpose of conducting an executive session to discuss labor negotiations and pending litigation. Official Proceedings of the February 2, 1999 Shakopee City Council Page -13- The meeting re-convened at 11:33 p.m. The Mayor announced that no action was taken during the executive session. Sweeney/Link moved to adjourn to February 4, 1999, at 5:00 p.m. Motion carried unanimously. The meeting was adjourned at 11:33 p.m. qt, ith S. Cox City Clerk Esther TenEyck Recording Secretary g CITY OF SHAKOPEE �" C�gi Memorandum SEN TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: March 11, 1999 Introduction and Background Attached is a print out showing the division budget status for 1999 based on data entered as of 03/11/99 . 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 $39 .24 . Also included in the check list but under the control of the S.W. Metro Drug Task Force (code 9825) are checks in the amount of $2, 877 . 87 . Action Requested Move to approve the bills in the amount of $501,431.20 . CITY OF.SHAKOPEE EXPENSES BY DEPARTMENT 03/11/99 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 74,080 274 13,295 18 12 CITY ADMINISTRATOR 219,200 6,716 31,272 14 13 CITY CLERK 201,220 7,595 30,655 15 15 FINANCE 348,770 13,798 56,344 16 16 LEGAL COUNSEL 269,000 0 44,649 17 17 COMMUNITY DEVELOPMENT 751,720 15,204 67,654 9 18 GENERAL GOVERNMENT BUILDINGS 232,230 10,434 32,194 14 31 POLICE 1,930,119 76,146 295,807 15 32 FIRE 618,420 4,368 73,167 12 33 INSPECTION-BLDG-PLMBG-HTG 326,710 11,400 46,090 14 41 ENGINEERING 507,620 15,573 68,497 13 42 STREET MAINTENANCE 827,730 18,323 115,009 14 44 SHOP 145,330 5,058 23,410 16 46 PARK MAINTENANCE 487,090 10,838 48,708 10 91 UNALLOCATED 594,550 435 -235 -0 TOTAL GENERAL FUND 7,533,789 196,163 946,514 13 17 COMMUNITY DEVELOPMENT 500,630 48,586 73,077 15 TOTAL TRANSIT 500,630 48,586 73,077 15 19 EDA 403,170 2,134 11,329 3 TOTAL EDA 403,170 2,134 11,329 3 H 4 sn as a 4 0 aaa a asa- (24 a as a as as a s fa,la,aaIll aaaaaaaaa m Z H H H H H H H _H H H H H H H H H H H H HH H H H H H H H H H H H X O H a W CA 0 W rn ax a p r-I Z 4 o 4 E z ' 0 O1 rrr a)o)01 0)of O)of O1 o1 O\al 01 Ol 01 01 H VII Z 01 Ti'.d' W O) o)o)01 01 01 o)o)O1 01 O1 01 01 01 01 01 H U Nm M M o) o) . . . . . . . . . . . . . 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W G, • H H M 0 al rn rn H H O o Cil X H= O LL4P4 e0 xw = Do U104 C4 ®0 o= r. 13,4 44 cho W W al ON I-a'c'u1 rnzCI Z win al • • • • al 0 H Tr N M M rn •• •• H >1U1 I HMNH H. , H G4 -• •• •• •• = aa .] l dl O O M IrlLIOO w O >40,-4 0000 HMN E-11110 W v1AZH HHOO I�MN OrIZ H 1 N }-1 C) ) .04./ 00 `0'd C ill O I O Z E0.-14 00EE 000 11) W O rti m-H IA •rl-rl 0.0 *, U x H C'7'I- d' 1- JJ N r-I U ) S+ A.,i -11)1004 V03 MO A i a (.ri WU !1 C M W 0 0 4J00.4 ro UUmv G14,-1 071 -1 o_ o ril o 4-) 0 a o aia a w a) a m U Ul 0 Ri U a /9 • CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: County Update DATE: March 11, 1999 Several weeks ago, County Administrator Dave Unmacht contacted me, requesting time at an upcoming meeting to make a presentation regarding Scott County issues that impact Shakopee. March 16th was the date which was agreed upon at that time. Mr. Unmacht and Commissioner Art Bannerman are expected to be in attendance sometime after 8:30 PM. Mr. Unmacht has requested between 20 and 25 minutes for his presentation. Mark McNeill City Administrator MM:tw /0 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Assessment Hearing for Vierling Drive, from Sage Lane to Miller Street, Project No. 1998-2 DATE: March 16, 1999 INTRODUCTION: Attached is Resolution No. 5078, a resolution which adopts the assessments for the above referenced project. BACKGROUND: This project has been completed and all project costs identified with the final project cost of$644,099.24. A breakdown of the final project costs which include construction and engineering/administration costs are as follows: DESCRIPTION AMOUNT ASSESSMENTS Assessed Costs $436,139.98 Assessments City Costs $131,348.45 State Aid/CIF (Overlay& Traffic Control Signal) Scott County $ 76,610.81 Scott County Funds TOTAL PROJECT COSTS $644,099.24 The City Council ordered the preparation of plans and specifications by Resolution No. 4870 on March 17, 1998 for the above project. The project improvements are on Vierling Drive, from Sage Lane to Miller Street by the installation of traffic signalization, widening of the existing pavement surface including concrete and curbs, sidewalk, bituminous paving, storm sewer, raised concrete medians, street lighting and appurenant work. The assessments for these improvements were for the developing commercial properties within the plats of Crossroads Center and Boulder Ridge. ALTERNATIVES: 1. Adopt Resolution No. 5078. 2. Deny Resolution No. 5078. 3. Table Resolution No. 5078. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5078, A Resolution Adopting Assessments for Vierling Drive, from Sage Lane to Miller Street, Project No. 1998-2 and move its adoption. r,, 4 Bruce Loney Public Works Director BL/pmp MEM5078 RESOLUTION NO. 5078 A Resolution Adopting Assessments For Vierling Drive, From Sage Lane To Miller Street Project No. 1998-2 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Vierling Drive, from Sage Lane to Miller Street by the installation of traffic signalization, widening of the existing pavement surface including concrete and curbs, sidewalk, bituminous paving, storm sewer, raised concrete medians, street lighting and all other appurtenant work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 2000, and shall bear interest at the rate of 5.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 2000 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. 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 ,, 1 4/ ill _, 1 i 1 M11/111111 I 01 lifr & 1 // ‘1) 4. / cls , , ili- 1 r/7 ' - .--7-- I „,,,/ o F ,_ i ,_ o , ,, , I ___ 1 . <4 . il , .,,_,,,_ , w ,, // ' 0 1 a //j/ A. ''', , 1 L., d _:, „ „,, ,,,,,f:r.,. „ w , 1 , . , / - ' lib - ,,, i F •119 A x fill. _ _ Lirr :ij!L:"I*,21111 - t 4 ,AlicpiiiitJ. iirrolk vitliz ....t .7,-,:t.„... ,, fr--Lii - — -- ' ‘2,--1704um..4 ”' '. 2' LI- ', imp-' i:.i:..rte.- �,►�` '-� �� if i 0 w E'� �'�mom ri® \1-{ �mmm®®m4� 4 k , IP / ..%, nAL G9 C.7 CA Z id rg �;;•% !i.11: i ®omemumo® w w .1 zatte_6-11,1M: � o El QT.-.ic=teijitil r Jw N 1 Km r.-:. 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CI III4 6 n t—T-La o-Lca-La o_Q_� 7J 2 o,v, 111 C D v cY,?I Lca-La ti) o-mo-Ko oLca-Lz r*1 I j ET LI) C •OA s 1011 of D Ia ` D ...2/.1 L l T E j 9 • 6 tl 1D11f1D f S ilIc ha : . TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting March 16, 1999 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business-(All items noted by an 4 are anticipated to be routine. After a discussion by the President,there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion. Those items removed will be consideredin 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.) 4. 4 Approval of Minutes: Ae36. 5. Financial 4 A.)Approval of Bills 6. Other Business: 7. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA REGULAR SESSION FEBRUARY 2, 1999 Members Present: Link, Brekke, DuBois, Sweeney, and President Amundson Members Absent: None Staff Present: Mark McNeill, City Administrator Others Present: Judith S. Cox, City Clerk and Jim Thomson, City Attorney L Roll Call President Amundson called the meeting to order at 11:04 p.m. Roll was taken as noted above. H. Approval of Agenda Brekke/Link moved to approve the agenda as presented. Motion carried unanimously. III. Approval of Consent Agenda Brekke/Sweeney moved to approve the Consent Agenda as presented. Motion carried unanimously. IV. Approval of Minutes Brekke/Sweeney moved to approve the Minutes of November 17, 1998. (Motion carried under the Consent Agenda.) V. Financial A. Approval of Bills Brekke/Sweeney moved to approve bills in the amount of$205.15 for the E.D.A.. General Fund and $1,029.23 for Seagate. (Motion carried under the Consent Agenda.) VI. Other Business None VII. Adjournment Brekke/DuBois moved to adjourn to February 16, 1999. Motion carried unanimously. The meeting was adjourned at 11:10 p.m. dlWA af6. th S. Cox '.D.A. Secretary Esther TenEyck Recording Secretary CITY OF SHAKOPEE CO .°" Memorandum '` ' TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: March 11, 1999 Introduction Attached is a listing of bills for the EDA and Seagate fund for the period 2/26/99 to 03/11/99 . Action Requested Move to approve bills in the amount of $39 . 24 for the EDA General Fund and $0 . 00 for Seagate. 0 0 0 0 0 o II H o 0 0 0 0 0 II H • II Q 0 0 0 0 0 0 II W U O \0 1' V' U' d' II V' N N N N N II H • II H 0 CO ON O\ 0 0 II CQ N H m M M M II W A X n H II I1 Cl) (I • u a x C/] Cq II H O Ol O\ to x � C1-1 a � rY W FC H X O A H W az �o W x a H as W H H z H X qXX a) O FC °U 01 H H a a x O 3 d' • cn U H N C4 0 to H C!) CO H 0 Q z U H • Co H H 0 z m H W d' co J N O 01 1. m t.0 O o H W H H x O O z 0 0 m m rn rn m rn H H ut rn 0 0 I=C m m Q 0 O * * * * H U) 0) O\ 7-I * H H H * 0 * Z A C\1 H �a 0 Z H O � .4. 0 x o (1S H 0 H O H H a Q w 01 01H a 0 0 Og H al 01 w w O C7 A HI H 14 1-1 H * * * q �n in H H * * z H r-I 0 0 w H H El H * * UJ/lot o lur, lo:hu riA OIL 000 .7y O ' AntiaO MV AUL' LE;J VU I. 111111111111.111111111& .... 'KR ASS MONROE . P. A. ATTORNEYSAT LAW (14— /9- 111 Phillip R.Krass CERTIFIED CIVIL TRIAL.SPECIALIST Email rinTh@Jcrassnionree.com www.krass,nonroe.coin March 16, 1999 Honorable Mayor and City Council SENT BY FACSIMILE City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Nat of Dublin Square Our File No. 4464-20 Dear Mayor and Council Members: I represent Jim Allen who is the developer who has proposed the plat of Dublin Square which the Council considered twoweeks ago and tabled. My understanding is the tabling was to enable Jim Allen to discuss the Council's concerns about private streets with Council member Clet Link. They did so and talked about a potential compromise which leaves private streets but decreases density and yet increases some unit size above the four units authorized by your ordinance without a conditional use permit, to 6 which does require a conditional use permit. Mr. Allen promised Mr. Link he would consider that proposal and has done so in good faith. The difficulty is that the proposal decreases by a significant number the units available for sale, and also adds interior units in the six unit buildings. Those interior units are intrinsically less saleable than the corner units. Consequently Mr. Allen is looking at changes which he concludes will increase his costs well into six figures. So that there is no misunderstanding about the situation, Mr. Allen has not agreed to substitute the "compromise plat" for the plat you have before you. While Mr. Allen and his family are on vacation this week, I will be present this evening to discuss this matter with you and to ask that you again consider the fairness of attempting to require Mr. Allen to absorb a significant loss when he is in fact in conformance with both your presently existing ordinances and with your practice over the past several years in approving similar plats with private streets. I look forward to seeing you this evening. Very trul •ours, :i S M• '.'O , P , p'.0s A4244 Attorney at Law PRKJkap cc: Jim Allen GAWPDATA'A\ALL N.1'201COR\SHAKOPEE MAYOR COUNCIL PFK 2.DOC Suite 1100 Southpoint Office Center 1650 West 82nd Street. Minneapolis. Minnesota 55431-1447 Telephone 612.885.5999 Facsimile 612.085.5969 1 / A1 CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Revised Preliminary Plat of Dublin Square MEETING DATE: March 16, 1999 INTRODUCTION: At its March rd meeting the Council tabled consideration of the preliminary plat of Dublin Square to allow a meeting to determine whether a compromise proposal and site design could be arrived at. Councilor Link met with the applicant and developer, Jim Allen, and the two of them arrived at a compromise proposal. A copy of that proposal is attached for the Council's information. DISCUSSION: The following table provides a summary of the principal differences between the preliminary plat reviewed by the Council on March rd and the revised proposal: Mianallicint Original Preliminary Plat Vittfrirer.QM 150 dwelling units `,}„ \nSA,‘,AN ..ktSW:f4 8.89 DU/Acre `•, .., : One N/S (36') 6at.:.:.:...k.1,,,.-4,.:•:.I4,.'% .4-,114: t ° : : - ,, 699 s.aces—4.66/umt• K $ In addition to the differences cited above, the revised plan now includes 1 building that has 5 dwelling units and 5 buildings that have 6 dwelling units each. Because the property is zoned R-2 (Medium Density Residential), buildings containing more than 4 dwelling units require conditional use permit approval. The first plan submitted by the applicant(but not reviewed by the City Council) also included buildings with more than 4 dwellings units. The applicant made submitted an application for CUP approval; a public hearing was held on the application; but the application was subsequently withdrawn. There was no adverse testimony at the public hearing. After consultation with the City Attorney, it appears that a CUP for the revised plan could proceed under the previous CUP application without holding an additional public hearing. In other words,the previous application would be revived. If the Council believes that this is an efficacious procedure, it should direct that the CUP be reviewed by the BOAA at its next available meeting. The next scheduled meeting of the BOAA is March 18th, and the item has been placed on that agenda in anticipation of possible Council action. The revised plan was received by planning staff on Monday, March 8th. Copies of the plan were immediately distributed to the fire department and engineering for review and comment. At the time this report was drafted, comment had not been received from the fire department. Engineering has made initial comments, a copy of which is attached for the Council's information. As submitted, the revised plan is not in the form of a preliminary plat drawing. Prior to approval of the preliminary plat by the City Council a preliminary plat drawing will need to be submitted. Among other things, the plat drawing should show: • Proposed lot lines • Lot and Block descriptions • Public street names • Easements ALTERNATIVES: 1. Approve the revised preliminary plan as presented with conditions. The conditions of approval which have been recommended by staff include the following: A. The following actions must be completed prior to approval of the preliminary plat by City Council: 1. Submission of a revised preliminary plat drawing. B. The applicant is required to conduct a noise impact study prior to approval of the final plat. If sound levels exceed 70dB, the developer shall mitigate said noises and provide buffering to the development. C. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets(both public and private) in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 3. The applicant shall provide the City with names for the private streets to ensure compliance with city street naming policies. 4. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the start of construction. 5. A Common Interest Community(CIC) plat shall be filed for this project. 6. The developer shall install a trail or sidewalk per City Staff's discretion and approval along one side of Dublin Lane. 7. All necessary easements, including drainage and utility easements, trail easement, ponding easement and access easements to ponding areas, shall be indicated and dedicated in the revised site plan and plat as required by City Code and according to the City Engineer. 8. The City shall require the submission of a landscaping bond at the time of building permit application in the amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. D. The following conditions shall apply after the filing/recording of the Final Plat: 1. Park Dedication fees are due at $1,000/unit, and may be deferred until issuance of building permits. If deferred, fees will be adjusted to reflect the current City's adopted Fee Schedule at time of building permit application. 2. Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. 3. Building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. 2. Approve the revised preliminary plan as presented with revised conditions. 3. Refer the revised preliminary plat to the Planning Commission, and the CUP to the BOAA, for further review. 4. Table the matter for additional information RECOMMENDATION: Because the revised preliminary plat is substantially changed, because the plan submitted is not in the form of a preliminary plat drawing, and because a conditional use permit (CUP)is required for buildings having more than 4 dwelling units, it is recommended that the project be referred back to the Planning Commission for review of the revised preliminary plat and the Board of Adjustments and Appeals(BOAA) for review of the CUP. ACTION REQUESTED: Council is asked to offer and pass a motion referring the project to the Planning Commission for review of the revised preliminary plat and the(BOAA) for review of the CUP. R. Michael Leek Community Development Director i:\commdev\CC\1999\0316\PPDubl inS quare.doc CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Preliminary Plat of Dublin Square Addition James.E. Allen(Applicant) DATE: March 2, 1999 Discussion James. E. Allen is requesting Preliminary Plat approval of Dublin Square Addition. The subject site is located south of US 169, east of Marschall Rd.,north of 17th Ave. extended, and immediately east of"Longmeadow Addition" (see Exhibit A). A copy of the February 4th, 1999 Planning Commission report is attached for your reference. Alternatives 1. Approve the Preliminary Plat of Dublin Square Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Preliminary Plat of Dublin Square Addition, and approve subject to the revised conditions. 3. Do not approve the Preliminary Plat of Dublin Square Addition. 4. Table action on this item and request additional information from the applicant and/or staff Planning Commission Recommendation The Planning Commission recommended the approval of the Preliminary Plat of Dublin Square Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5063, a Resolution Approving the Preliminary Plat of Dublin Square Addition, subject to conditions, and move its approval. is devlcc\1999\ O302'dubsq-pp.doc RESOLUTION NO. 5360 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF DUBLIN SQUARE ADDITION WHEREAS, James. E. Allen is the applicant and contract for deed owner and Gregory J. Kerkow and Gary E.Kerkow are owners of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: That part of the North Half (1/2) of the Northeast Quarter (1/4) of the Northwest Quarter (1/4) of Section 17, Township 115, Range 22, Scott County, Minnesota, lying northerly of the south 50.00 feet and southerly of the north 33.00 feet thereof; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Dublin Square Addition on February 4th, 1999, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat of Dublin Square Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets (both public and private) in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 3. The applicant shall provide the City with names for the private streets to ensure compliance with city street naming policies. 4. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 5. A Common Interest Community(CIC)plat shall be filed for this project. 6. All necessary easements, including drainage and utility easements, ponding easement and access easements to ponding areas, shall be indicated and dedicated in the revised site plan and plat as required by City Code and according to the City Engineer. B. The following conditions shall apply after the filing/recording of the Final Plat: 1. Park Dedication fees shall be assessed at $1,000/unit, and will be deferred until issuance of building permits. This fee will reflect the current City's adopted Fee Schedule at time of building permit application. 2. The City shall require the submission of a landscaping bond in the amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. 3. Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. 4. Building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 h CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti,Planner I SUBJECT: Preliminary Plat of Dublin Square (tabled from January 7, 1999 PC Meeting) MEETING DATE: February 4, 1999 Site Information: • Applicant: James E. Allen Property Owner: Gregory J.Kerkow&Gary E.Kerkow Location: South of US 169, east of Marschall Rd.,north of 17th Ave. extended, and immediately east of"Longmeadow Addition"(Centex Homes) Current Zoning: Medium Density Residential(R-2)Zone 1995 Comp. Plan: Medium Density Residential Area: 17.68 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Preliminary Plat and Site Plan Exhibit C: City Engineer's Review Introduction: Mr. James Allen is requesting Preliminary Plat approval of Dublin Square. This proposal was initially submitted for the Commission's review at the January 7th PC meeting, and tabled to allow the developer to revise their site plan. The general location is depicted on the attached map(Exhibit A). Discussion: This development has been reduced from the originally proposed 167 townhouse units to 150 units. The revised site plan indicates 40 separate lots, each developed with multi-family townhouse buildings varying from 3 to 4 dwelling units. This meets the maximum allowed under the R-2 zoning district. This site will be served with a network of public and private streets. Density for this site is indicated at 8.89 units per acre, which meets City Code requirements of 5-11 units per acre(Exhibit B). This development proposes a new public road off 17th Avenue identified as`Dublin Lane." This road section meets City requirements, and all connections appear adequate. The development also proposes the use of private streets as an internal roadway system. All private streets identified in the site plan appear to meet the 28 feet face to face requirement. All private roads will need to be named and approved by the City Planning Department. Due to the inclusion of private streets, the City will require the applicant to file a Common Interest Community(CIC)plat for this development. The City Engineering Department has reviewed this request and has provided comments. These comments are attached (Exhibit C), and shall be made part of the conditions for plat approval. Park dedication fees shall be assessed at $1,000/unit for each unit. These fees can be deferred to time of building permit application, and will be assessed according to the current City Fee Schedule at time of building permit application. The applicant has submitted a landscape plan for this development. The plan indicates 236 units are required, with 287 proposed for planting. Landscaping requirements will be reviewed at time of building permit reviews. The City shall require the submission of a landscaping bond in the amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings, per City Code Sect. 11.60, Subd. 8. The Building Official has commented that building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. Because the applicant has indicated to Staff these units will be owner-occupied, individual sewer and water services will be required. The Fire Chief is recommending that any private roads over 150 feet be served with a turn-around or cul-de-sac for emergency vehicle access. It appears that the current design will not require these turnarounds. Finance Department has indicated to Staff that $131,264 of pending assessments exists on the subject parcel. City Engineering Dept. will reapportion this assessment over the entire parcel after final platting. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Dublin Square, subject to the following conditions; a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets (both public and private) in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. iii) Park Dedication fees shall be assessed at $1,000/unit, and will be deferred until issuance of building permits. This fee will reflect the current City's adopted Fee Schedule at time of building permit application. iv) The applicant shall provide the City with names for the private streets to ensure compliance with city street naming policies. v) The City shall require the submission of a landscaping bond in the amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. vi) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. vii) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. viii) A Common Interest Community(CIC)plat shall be filed for this project. ix) All necessary easements, including drainage and utility easements, ponding easement and access easements to ponding areas, shall be indicated and dedicated in the revised site plan and plat as required by City Code and according to the City Engineer. 2. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Dublin Square. 3. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. 1, the approval of Preliminary Plat of Dublin Square, subject to the above conditions. Action Requested: Offer a motion recommending to the City Council the approval of Preliminary Plat of Dublin Square, subject to the above conditions. Tim Benetti Planner I is commdev\boas-pc\1999\0204\dubsgpp2.doc • City of Shakopee Memorandum TO: Tim Benetti,Planner I FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Dublin Square-Preliminary Plat DATE: January 7, 1999 After reviewing the application submittals,I have the following comments for the Planning Department,and for the applicant: Streets The street layout within the development consists of a public street(Dublin Lane) and private streets serving the various lots. Because some lots do not abut a public street, those lots that abut only a private street must be within a Common Interest Community(C.1.C.) Because of the lengths of some of the "no outlet"private streets,the Fire Department may require turn arounds. Although there is no street connection to the east, it appears as though there is a 66 foot wide strip of land adjacent to, and north of the proposed development. Attached is a rough street which shows how the adjacent properties would connect to the proposed development. Note that a future street would be constructed within at least a portion of this 66 foot wide strip. If this strip of land is owned by the City, and the road can be constructed within it, it appears this layout would be appropriate. If this land is not available for building a future road,then the Planning Commission and City Council may want to see another connection to the east. In regards to the costs of constructing a street within the 66 foot wide strip, these costs should be split between the developer of Dublin Square,and a future developer of the property north of Dublin Square. The City Council may want require the developer to sign a petition and waiver for these future improvements,and/or require some financial guarantee for the improvements. Easements There are some easements shown on the preliminary plat drawing submitted. However, there appears to be no easements for the ponding area,or easements in the "common"areas. Easements must conform to the City's design standards. EXHIBIT C Sanitary Sewer/Water The final construction plans for the utilities need to be approved by the City Engineer. The sanitary sewer layout may require revisions,in order to reduce the number of connections to the City's Trunk Sanitary Sewer. Pedestrian Way A bituminous trail is proposed along Dublin Lane. Does this trail fit into the City's trail plan? If it is desired,additional right-of-way (or trail easement)should be dedicated, so that there is more room in the boulevard. Grading Plan/Erosion Control/Storm Sewer Storm sewer rates must be held to 0.3 cfs per acre. Using 17.7 acres,the peak discharge rate for a 100-year storm must be held to less than,or equal to,5.3 cfs. Applicant is required to provide calculations for existing storm runoff rates. For safety reasons the pond slopes shall be 4:1 (or flatter),with a 10'buffer strip (10:1) at the normal water level. A skimmer is required at the pond outlet. EXHIBIT C 77.7 4 1. • •• r \' V � •-• ��1t: 1 1 S dok , ,, , � 1 , , .‘ ., r / I . , iris111. 22 -� tin — ,CJ ( , �// J 1 Zi —� IIS r11 , ,� 1 C7 i i '`� " I',<. s'S �, CO �._-fiee`` _ ' \ v� v / -� 't.CL/ r — il����l ogl, -. .) m • . i �� ���n� =sem..� 0 ��,--=j-= - ,4„,_ . �m . , ' d Q 111116°V r, .�� 7 101 it\ "� 1 -- no o4" .. WMA . ia 1,. • ra mOa. • ih C:1 ED . . . �. -- - - ' 12/ gads I— V) Lo .aa 1TVHa . - .. I \ il LID W ---- --4---,t-- 1 8665 BS 80'E; tE 3a0 ^ui 3Svobvr\SdvN\ 0 EXHIBIT C • r .• F .......N 2>; •?IATA.E „ §p ,,,,,,,,,1 i _ 1 ] 1 sm... 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I I Y tl N 'a' b Ai3 S:i �g , I II ,.• I 6 UNITS _1 it a Im 6 UNITS it m o 583.54'± Fil :!: coal m L 1 m i "S 00'00'23" W �t 8ri IE it 1uu .fix a sU*.,sse Ak 111°1fR43�° z z M m • m oQ:, gN N N �yy483S1f Ei 8 � _ sYlil § IN p a 7 au.,... a iMil Is) mg o � 1 g Loritqm iM • °i o � p /te . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Heritage Village Planned Unit Development APPLICANT: Tollefson Development, Inc. DATE: March 16, 1999 Introduction Tollefson Development has submitted an application for approval of a proposed Planned Unit Development (PUD) titled "Heritage Village." The PUD is located northeast of CR. 17 (Marschall Road) & 17th Avenue East, immediately north of Longmeadow Addition(Exhibit A). Discussion The PUD proposes to develop 3,4, or 5 unit buildings containing 83 (total) townhome style units. These shall all be owner occupied, and governed by a private homeowners association. The development will also contain public streets and a centrally located tot-lot/park. Staff has recommended the developer to revise the name of this PUD to eliminate confusion with the city's existing"Heritage Place Addition." The new name will be submitted with the preliminary plat. Planning Commission Recommendation The Planning Commission previously reviewed this PUD concept plan at their February 4, 1999 meeting. On March 4, 1999, the Planning Commission recommended the approval of Heritage Village Planned Unit Development, subject to conditions. A copy of the March 4, 1999, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Heritage Village PUD request, subject to conditions. 2. Approve the Heritage Village PUD request, subject to revised conditions. 3. Deny the Heritage Village PUD request. 4. Table action to provide staff and/or the applicant time to provide additional information. Action Requested Offer and approve Resolution No. 5086, approving the Heritage Village Planned Unit Development, with conditions. Tim Benetti Planner I i:\commdev\cc\1999\cc0316\pud-tolfdoc RESOLUTION NO.5086 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT No. 15, HERITAGE VILLAGE WHEREAS, Eugene Hauer, and Gary, Gregory and Eileen Kerkow, and City of Shakopee are the owners of said property, and Tollefson Development, Inc. are the contract purchasers and applicants; and WHEREAS,the property upon which the request is being made is legally described as shown on attached EXHIBIT"A"Heritage Village PUD Legal Description; and WHEREAS, the Planning Commission of the City of Shakopee did review the Planned Unit Development of Heritage Village on February 4, and March 4, 1999, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Heritage Village Planned Unit Development were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Planned Unit Development Overlay District No. 15, Heritage Village is hereby approved subject to the following conditions: 1. Prior to recording of the final plat, the applicant shall resolve the ownership issues with the 33-foot city owned strip of ground, and the 8-foot strip of ground to the south of this PUD, or shall obtain signatures of all property owners for the final plat application and plat. 2. The perpetual maintenance of all open space and outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 3. The Planned Unit Development shall provide a minimum of fifteen (15%) percent of open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. 4. As part of the preliminary plat application submittals, the applicant is required to submit a storm water management plan. 5. Storm water trunk charges will be paid by the developer at the time of Final Plat, as required by the adopted policy. 6. The Landscape Plan and landscaping units shall be revised to meet the requirements of the Shakopee City Code at time of preliminary plat application. 7. A development agreement stating the conditions of approval must be filed with the Scott County Recorder. 8. Developer is required to revise the name of this PUD from "Heritage Village" to an approved name by city staff at preliminary plat application. 9. Developer is required to identify the unnamed roadway ("Street A") running west to east, prior to preliminary plat application, and have it labeled an "avenue" instead of street. Name of said street to be approved by city staff. Staff is recommending the looped portion of Brittany extended be labeled with a single name, possibly `Brittany Court." 10. This property is approved with the following minimum structure setback variations: a) Front Yard from street R-O-W=25 ft. b) Rear Yard from exterior PUD boundary=40 ft. c) Side Yard from street R-O-W=25 ft. d) Front/Side/Rear Yard from Sarazin Street R-O-W= 50 ft. e) Side Yard separation of buildings=30 ft. 11. City Clerk has indicated that City Officials may need to sign the final plat as a property owner, unless ownership of this parcel has been resolved prior to final plat recording. 12. The developer is required to combine and plat the original Hauer and Kerkow parcels in their preliminary and final plat application. This PUD shall only be applied towards the developer's own separate and legal parcel identified after platting. 13. The developer is required to illustrate existing and proposed grades (if making changes), and a tentative site plan of a proposed future street system and residential development for the adjacent parcel to be retained by Mr. Eugene Hauer on the preliminary plat. 14. The developer is required to stub water and sewer services to the adjacent parcel to be retained by Mr. Eugene Hauer, subject to City Engineer review and approval, and illustrate said services and stub locations on the preliminary plat. 15. This PUD site plan shall be consistent with the preliminary plat site plan, with any modifications or revisions as prescribed by the Planing Commission. 16. Due to the proposed townhouse development, individual sewer and water service are required for individually owned units. 17. Parks Director is recommending a trail connection through the development for future connection to the trail system proposed within the NSP Easement area. 18. Developer shall file a Common Interest Community plat with the filing of final plat or a Homeowners Association Agreement, in a form reviewed and approved by the City Attorney. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Heritage Village Planned Unit Development and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk • EXHIBIT A Heritage Village PUD Legal Description Tollefson Development Description of PUD Shakopee Minnesota Proposed Description (14.41 acres) That part of the Southwest Quarter of the Southwest Quarter of Section 8, Township 115, Range 22, Scott County lying southerly of the following described line: Commencing at the southwest corner of said Southwest Quarter of the Southwest Quarter; thence North 00 degrees 00 minutes 29 seconds West, bearing assumed, along the west line of said Southwest Quarter of the Southwest Quarter, a distance of 244.01 feet to the point of beginning of the line to be described: thence North 89 degrees 30 minutes 38 seconds East, a distance of 596.00 feet: thence North 00 degrees 29 minutes 22 seconds West a distance of 345.91 feet; thence North 81 degrees 03 minutes 07 seconds East, a distance of 743.01 feetto the east line of said Southwest Quarter of the Southwest Quarter and there terminating. / Z W . i A .-i C In 4H „,,, , / t . k * 4, tit gen% i — 0 t:it ealhe t 5 < ft•watielini i5. w 4,A, **/ ,_ la 0 4,*Iiiiiid a /o ► ° _lima cu p "r 40 �p� a �0 = - b 0 V' 5 WIPP. •tz 1_ , .4041tig r"441111 --74 CL ci [ -- a erdEl IR AK- - ,---A cr il id Fa nil FIE FIE Comps RUM - 11 Ia © or1EIb� ''Q ia•d •Od ' Q�� r 0��� o!� �.. ,N r"'r0 0 w .Q~ .Q-- Fr, - • " Mama ® fall_of �. • �■ —` 12144:, a of _ on a C a� v�0 ICI-11:11 . . . . I3 N1I 71.1r2 1 : J N Y Q v A3sNti21 I- - () Q L3 I i [ ©e ooAlalors 0 > _el____ Nwe s I l �ED © _ " g 841 / li �[I► aria %V Si M Ell:'.....ittrell ft. ot,AVM 'd" 1 ' ' - EXHIBIT A ' _ '"*'%4 •l d CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Heritage Hills Planned Unit Development MEETING DATE: March 4, 1999 APPLICATION DATE and REVIEW PERIOD DEADLINE: February 5, 1999 -April 6, 1999 Site Information: Applicant: Tollefson Development, Inc. Location: Northeast of CR. 17 and 17th Avenue East (immediately north of Longmeadow Addition) Current Zoning: Multiple Family Residential (R-3) Adjacent Zoning: North: (US Hwy. 169) South: Multiple Family Residential (R-3) East: Agriculture(AG) West: Highway Business(B-1) 1995 Comp. Plan: High Density Residential Attachments: Exhibit A: Location/Zoning Map Exhibit B: Applicant's Project Description(Abstract) Exhibit C: PUD Site Plans Introduction Tollefson Development is requesting review and approval of a proposed Planned Unit Development (PUD) titled"Heritage Village." The PUD is generally located northeast of CR. 17 & 17th Avenue East, immediately north of Longmeadow Addition (Exhibit A). The Planning Commission previously reviewed the concept plan at the February 4, 1999 meeting. The applicant has submitted an abstract further detailing their proposed PUD development (Exhibit B). Considerations 1. The purpose of the Planned Unit Development Overlay Zone(PUD) section of the Zoning Ordinance states the following: "It is the purpose of the planned unit development overlay district (PUD) to encourage innovation, variety, and creativity in site planning and architectural design; to promote flexibility in land development and redevelopment; to maximize development compatibility; to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of lana streets, and energy; to preserve and protect environmentally sensitive site features and historically significant features; to preserve open space; and to provide quality living, working shopping and recreating environments for residents and visitors. It is not the intent of this section to establish a separate zoning classification.." 2. The site is currently zoned Multiple Family Residential. The 1995 Comprehensive Plan and 1999 Draft Plan designates this area for High Density Residential. 3. The proposed PUD is 14.4 acres in size. The applicant is proposing two (2) phases for this site. The first phase will develop 50 and the second phase 33 units. The developer indicates the site will have a density of approximately 7.8 units per acre, which is well within the 7-18 units per acre maximum for this zone(Exhibit C). 4. The developer's abstract indicated fifty-one (51%) percent of the site as open space. However, the site plan indicates only thirty-six (36%) percent. The developer will be required to clarify this percentage amount. Either amount meets the required fifteen (15%) percent as specified in the PUD Ordinance. 5. The PUD proposes 2-story on slab townhouses with double-attached garages. Each building will either contain 3, 4, or 5 units. A "homeowners association" and covenants will provide for management and maintenance of the common ground areas, lawn care, snow removal, and sanitation services. Each individual unit will own the lot underneath it, and the remainder will be owned by association. A preliminary copy of the developer's covenants has been submitted and filed with the City. 6. This property is currently zoned Multiple Family Residential (R-3). The set-backs for this parcel are as follows: Front Yard= 50 ft. Side Yard= One-Half building height or 15 feet,whichever greater. Rear Yard = 40 ft. The developer is requesting the following set-back variations: Front Yard = 25 ft., except if abutting a major street then 50 ft. Side Yard = 25 ft. Rear Yard = 40 ft. 7. The developer has indicated that a 25-foot front yard setback will provide for 44-foot long driveways. Staff however has determined that most units average 36 foot long driveways. The Commission may want to discuss these setbacks and driveway lengths and indicate any recommendations or requirements to these variations. 8. The PUD proposal indicates a desire to develop the site with a network of public dedicated roadways. Brittany Drive will be extended from the south through Longmeadow Addition, looping to the north and reconnecting to the easterly part of another unnamed portion of public road running west to east. Sarazin Street will also be extended on the west edge to accommodate this roadway system. The developer has requested to have the City construct these public roads, and assess them back to the developer. The City Engineering Department is currently reviewing this request, and may have more information to present to the Commission by time of Preliminary Plat public hearing. 9. The PUD identifies an unnamed roadway ("Street A") running west to east. The developer will be required to name this street prior to preliminary plat application, and have it labeled an "avenue" instead of street. Staff is recommending the looped portion of Brittany extended be labeled with a single name, possibly"Brittany Court." 10. The Commission recommended at concept review to revise the"Street A" layout near the southeast corner to deflect slightly northward to accommodate future plat development or lot layouts east of this plat and south of this extended roadway. This area to the East is zoned Medium Density Residential (R-2), and this zone requires at least 100 foot depth lot standards. This deflection should provide the necessary depth and provide adequate connection. 11. City Clerk has indicated that due to city ownership of the 33 foot strip to the south of this PUD, City Officials may need to sign the final plat as a property owner. The 8- foot strip of land separating the Longmeadow Addition to the south and this proposed PUD and plat, will also need to be addressed in order for Brittany Drive and Sarazin Street to be extended northward. It is the applicant's intent on resolving these two property issues prior to final plat recording. 12. This PUD is only proposed for 14.4 acres. This parcel was created by the developer purchasing portions of an original parcel from Mr. Eugene Hauer and Gary, Greg and Eileen Kerkow. A remainder parcel(approximately 10 acres) is being reserved for Mr. Hauer. Mr. Hauer has requested this parcel be excluded from Tollefson's PUD proposal for separate and future development proposals. The City however, has not received a request for a parcel split from either party. Therefore, at time of preliminary plat application, the developer will need to combine and plat the original parcels (Hauer & Kerkow's) into separate tracts of land. Whereupon, the developer may apply this specific PUD to their own legally described parcel. Staff has made this part of the conditions of approval. 13. There is a 225 foot wide NSP overhead electrical line easement impacting the northerly part of this site. This easement will not affect this PUD. 14. The Parks Director has indicated to Staff that an "expressway trail" is planned within the area of the NSP easement. The Director is recommending the Commission to consider a trail connection through this development for future connection to the trail system. 15. The Building Official has commented that individual sewer and water service are required for individually owned units unless the units are condominiums. He has also commented that utility service and building location codes are reviewed at time of building permit application. 16. Park dedication information for this development will be addressed at the Preliminary Plat review stage. 17. The applicant has submitted a landscape plan for this development. Upon review of the landscape plan, the proposed number of landscape units may not meet the requirements of City Code. Staff will require the developer to resubmit a corrected landscape plan and number of units at time of preliminary plat application. 18. Staff has indicated to the developer that the name "Heritage Village" will need to be revised due to similar name with"Heritage Place Addition" in the city. The developer will be required to submit the new name with preliminary plat application. Staff Recommendation 1. Staff recommends approval of Heritage Village Planned Unit Development, subject to the following conditions: a) Prior to recording of the final plat, the applicant shall resolve the ownership issues with the 33-foot city owned strip of ground, and the 8-foot strip of ground to the south of this PUD, or shall obtain signatures of all property owners for the final plat application and plat. b) The perpetual maintenance of all open space and outlot areas shall be provided for by a Homeowners Association, in a form approved by the-City Attorney. c) The applicant shall confirm the open space percentage and indicate on the preliminary plat site plan. The Planned Unit Development shall provide a minimum of fifteen (15%) percent of open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. d) As part of the preliminary plat application submittals, the applicant is required to submit a storm water management plan. e) Storm water trunk charges will be paid by the developer at the time of Final Plat, as required by the adopted policy. f) The Landscape Plan and landscaping units shall be revised to meet the requirements of the Shakopee City Code. g) A development agreement stating the conditions of approval must be filed with the Scott County Recorder. h) Developer is required to revise the name of this PUD from "Heritage Village" to an approved name by city staff at preliminary plat application. i) Developer is required to identify the unnamed roadway ("Street A") running west to east, prior to preliminary plat application, and have it labeled an "avenue" instead of street. Name of said street to be approved by city staff. Staff is recommending the looped portion of Brittany extended be labeled with a single name, possibly"Brittany Court." j) This property is approved with the following setback variations, unless modified by the Planning Commission: i) Front Yard = 25 ft., except if abutting a major street then 50 ft. ii) Side Yard = 25 ft. iii) Rear Yard= 40 ft. k) City Clerk has indicated that City Officials may need to sign the final plat as a property owner, unless ownership of this parcel has been resolved prior to final plat recording. 1) The developer is required to combine and plat the original Hauer and Kerkow parcels in their preliminary and final plat application. This PUD shall only be applied towards the developer's own separate and legal parcel identified after platting. m) This PUD site plan shall be consistent with the preliminary plat site plan, with any modifications or revisions as prescribed by the Planing Commission. n) Due to the proposed townhouse development, individual sewer and water service are required for individually owned units. o) Parks Director is recommending a trail connection through the development for future connection to the trail system proposed within the NSF Easement area. 2. Recommend to the City Council the approval of Heritage Village Planned Unit Development, subject to revised conditions. 3. Recommend to the City Council the denial of Heritage Village Planned Unit Development 4. Continue the public hearing to allow the applicant the time necessary to provide staff with further information and make the needed revisions to the Planned Unit ', Development. 5. Close the public hearing and table a decision in order to allow the applicant and/or staff time to provide additional information. Action Requested Recommend to the City Council the approval of Heritage Village Planned Unit Development, subject to conditions, and move its approval. Tim Benetti Planner I i:\ooanudevIoaa-pc\1999\03044pudtolefdoc Heritage Village Proposed PUD Shakopee Minnesota Tollefson Development, Inc. February 51999 Abstract Proposed Heritage Village PUD consists of 83 row style townhomes each being two story 1400+ square foot units with attached double garages located adjacent and north of the Centex Homes project west of Sarazin Ave. at the south side of new Highway 169. Heritage Village is an innovative project with classic styling of townhomes each individually owned and occupied. Projected market level is approximately $110,000. It is described as part of (14.4 acres) the south half of the southwest quarter of Section 8, Township 155 Range 22 Scott County. The land is being purchased by Tollefson Development, Inc. from Eugene Hauer and the Kerkow family. The City of Shakopee has an interest in the south 33' of the land being a city controlled road right of way that was previously deeded by Eagle Creek Township to the city. The city staff has requested that this strip be included in the plat to clear eliminate confusion in the future as the plat will include a new dedication of east-west right of way and a new road to serve the properties to the east of the project. There also is an 8' wide strip of land south of the project which was an exception to the Centex project and plat. The developer is currently attempting to clear title on this strip at the city request to also add this to the plat and facilitate the city ability to extend both Brittany Drive and Sarazin Avenue north to serve the Heritage Village project. The project utilizes public street rights of way throughout with standard City of Shakopee street design standards being used. The density of the project is 7.8 units per acre and the present and proposed zoning is R-3 allowing a density of 7 to 18 units per acre. The project is proposed to be built in two phases the first consisting of 50 units and the second of 33 units. The project, as proposed and using the city guidelines for calculation of open space, contains 51% open space thereby enhancing the quality of living in the proposed neighborhood. A recreational trail by the city is planned to pass the project to the north through the existing NSP power easement which lies between the project and the south right of way of Highway 169. The R-3 district was established for apartment development and accordingly has a 50' setback from road rights of way for a front setback to buildings. This project and PUD requests a 25' front setback from right of way to building which will provide a 44' long EXHIBIT B .w . driveway for each building. The setback for the buildings adjoining Sarazin will be 50' as they abut a "major street". All other streets are considered neighborhood or local. The project will be governed by a townhome association made up of residents which will manage and take care of snow removal from drives,lawn services,building maintenance and open space administration. Tollefson Development,Inc. is an accomplished and experienced land developer located in Burnsville Minnesota. They have successfully completed a score of developments, both single family and multi-family in the twin cities area. They currently have projects under way in Lakeville, Inver Grove Hts., Ham Lake and Belle Plaine. The Contact person for Tollefson Development is Mr. Gary Wollschlager, telephone 612.890.9431, 900 W. 128th Street Suite 107, Burnsville, MN. 55337. Project engineers and surveyors are John Oliver&Associates, Inc. Of Burnsville and Elk River Minnesota. The contact person is Gary Harris, L.S., telephone 612.894.3045,201 W. Travelers Trail Suite 200 Burnsville MN 55337. Heritage Village will provide a high level of quality living for residents with architectural flair, an abundance of open and green space, easy access with abundant on street and off street parking and very affordable living. (31T "s" ..1`,/ , SAftALJt1 blfttt{ �. dekeor ). � ` , • .._. . _. ... ..... .., h,,, < i .4 111:1/ -Is Vi- r 1 1!1![11 11 I I i ! qi I Mk 1 I l, i I \ / \ I 0 r pi lilt IA 1 \ i it ( ti timmg /; \ , 1 f i 1 1 Ittler li , r ,. , . li t i IN II ;t \ / L'i4 11-1 I, iQJOht1i1 liktk 't lit . t k 14., .'1' Is. • i ; 1Iii I 1� z 1 � 1 1 I i I I 4 "Ill \-'" I---"" 1 1 i ► � 4 1, \ >1 11 ' I .r. r ' L__ ___ __,- I I 1 I4 I , \\ \''" I '■'� � tiA Wliffvt4 1 s a /" 7 ! ' ,*' nig! 111L4 ip w 1 a \ 1 loll .--10--lis .•,- .,i1V . 1. '), i ,,y ! 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CwN, DATE: x128/99 • DATE - OlverJohn d Associates, prepared by me or under my direct No. w�... 4w.feet su...Wv t�eM..wr supervision and that I am a duly BK/PG: 1 1 1/4/99 REVISED LOTS UGmed Land Sure. r under lM SHAKOPEE, MN deu Day.IuaN.. r° DRAW" ern PKA 5 ,r Ilk River, JHnneeota bw• of the Stole o Mlm.wlo. / / .i��a, (�� TOLLEFSON DEVELOPMENT •0,)441-2071 (rar)Hv-6686 CHECKED BY: 0Rn 7♦5 9 �b�!�r, y • INC.• OriO: 11e1Puo ` 9 1,:f.i >RJti•�+; tt 1 V. lrawtew frail, stat. ZOO Jf �r r ., r;I„ DOSTWO s Putt D.rrwdU. MN 66637 Signed: TEXT: 2! •a�Eiyi r q� i1' , _ (012)334-,as (rar)et4-6ot6 Dot.: Us.No. 10043 FIE NO.: 1181.10 01 EXHIBIT C .CA • • . • -I*T_ „,r---------- ---------' 12.._1.......,e. ASF"---------------------------� ) R I 7 II SARAZIN STREET C'"" A' e �r o.4%1774"- 4 1 \ 1 '1 I ` € -r-- 1 IItitMlkixi:‘,.?,1,10 �, I I 1 I! ., t1.11 1 ® 1 nW 1 1 I N I �� Ii.. .S I I " 1 1 • 1 / 1 _ I m I • I n 1 - I t ' 1 '11 1 - ct 1 itAp. 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I j 1 1 s , q1 t • Fl - N Q 7.;::::= ' V• d • 1 1 • 12 LANDSCAPE p .-� a SHAKOPEE PUp John Oliver . lini c�..,.,,,,,,,,•r�.Associ- es�a SIIAKOPEE, MN 990 Bodge Avenue ` ' LANDSCAPE FOR £`�a""' Minnesota FRIED6E5 PLAN PREPARED BY o"r o:sce aner, 70LLEFSON (el;'"'-_"_(P4r �-J665 LANDSCAPING DEVELOPMENT r •/+.•99 Reno tors 20I ►. lYno.bn INC. i a""""ll' .vv 9a9 u. s•.u.too . �.AKE{/F(.t,E MN. tr 1 (610194-30o"(FAXJ891-7019 I s1y,1.a; � 1 r \ (IA 1 • „ 1 1111I 1,!; ' • I _ '11 11: ..'1 n I; I1II 'li i litll n I 1 1• ;,11 11111 ' _r' I iiI;; 111-1 1. ❑On1_ I - 1 0 0 0 n ,! Illi \ imam" 't I — — . ire! . '1 1 1 .1 C'JD, '. ,11' 1� -"• 1� i�' t. •Illl. ��A/ ..• 1i, `I ;;, ..... Ilil 11111 1 1.. ., jtij4! i '... ,1 �I II , ,1 OHMS1 Im/n 1 1 00:\ ,.... i/■/n '' ! ' ' 1 I ', 'u//i. 111 ' �u X111 Y■/n 1 i f I' III 1 =aaa • . I I II 14.• .= , •, iliiiiitI f 1" i ,, 1ti Su` HP14 l ` l ' I ' lrrrr ;1 7 • L._ !rte❑ lilhilili. ;.i. '' rl n J IuIr1il1K .r1 1111 r linI! . ,. . . L �!�1if — !:III11;I ,1,1 . ,• } ir1. ..:,41 II c.Th p _II 1 _ . hi,..i l't, r1 i �1 -I ill ' {iiu If. I: I; : ,Illi . iiI ;'g s‘ I ; ' , i 4 '' I �. ; 1 :1,, ,l'1 1 111 I-_ '..:... 1111;11, c...i i 11; ; .... .....1\ Ii:/.I' i11'1 i. 'a Q:(il ... ... I I .I ., r , .1� ; � it.,,---y ; 111I •i , , ,. ,,,,,,,.„.,H / 1/■/ 11 • ;�' .;i.v !lullI 1r, • I.1 ils', - I I I !!1 1 ! ` :';:,jai Ir�rr imams 1�1 1 .' i!,, 1,•..`.!,i 1!!11! ramal ' ' ,r: a',,. 1111 N j .;I 1 1 ; ,, 1Ill ..■/. I'11I 1.1 lY(: 111; .a/■/■ 1: ;� � � �� 1111111111` 11 1�I�... 1) 1411.g:: x; 4�f _ . I1 1'1 11 da lki 1111! co t--2-- , ©®SIE IN I I! i I 11I(IIl11 ...► L_I 1 �..�� I1 1 I.•1• i 1 I I•'" 1'1 1' i II111111i111 „4,,i 1 '.., •`- ; 1 111.1 I f1 4• i Ic'1 v ' CITY OF SHAKOPEE /J ,9. , Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews SUBJECT: Mr. Gary Flood's Appeal of BOAA's Decision regarding doorway on south side of building MEETING DATE: March 16, 1999 ATTACHMENTS: Attachment A: 3/8/99 Letter from Mr. Gary Flood Attachment B: Site Plan Attachment C: 3/4/98 Staff report to the BOAA INTRODUCTION: At its March 4, 1999 meeting,the Board of Adjustment and Appeals voted 3-2 on a motion to approve an Appeal by Mr. Craig Ballard not to allow a doorway on the south side of Mr. Gary Flood's building. Mr.Ballard claims that a condition of a variance granting the addition(now Mr.Flood's building) prohibited the doorway to be installed on the south side of the building. Staff had interpreted this condition to mean no driveway entrance, rather than building entrance since the condition states"No entrance on First Avenue", and limiting direct access onto highways is a common condition attached to properties abutting a highway. Staff notes that no driveway entrance exists onto First Avenue/HWY 101. Access is obtained from the side streets for that block. On March 8, 1999, staff received an Appeal application and letter from Mr. Gary Flood, co- owner, appealing the Board of Adjustment and Appeals decision to deny Mr. Flood a building permit to install a door on the south side of his building. (See Attachment A) A copy of the staff report to the Board of Adjustments and Appeals is also attached for reference (Attachment C). ACTION REQUESTED: Make a motion to either approve the Appeal request allowing a doorway on the south side of Mr.Flood's building or deny the Appeal request prohibiting a doorway on the south side of Mr.Flood's building. c7,,f,u/AI Jared D. Andrews Planner I ATTACHMENT A March 8, 1999 City of Shakopee 129 Holmes Street Shakopee, Minnesota 55379 RE: Building Permit at 719 East 1st Avenue, Shakopee,Minnesota Dear City Council Members, I feel that the restriction on the variance that was granted to Calvery United Methodist Church dated 10/24/77 was certainly not intended to impede the owners of that building from placing an additional entrance into the side of that building. And even if it were,we are not asking for access onto 1st Avenue, only to the sidewalk that runs parallel to it. Furthermore,be it known that the use of this structure has dramatically changed over the years. In addition, the ownership has changed thus creating a situation that has developed a need for another entrance. We were granted a permit to construct an entrance from the City of Shakopee that was soon revoked. This revocation was due to an appeal submitted by Craig Ballard, an adjacent property owner. In reading his letter to Michael Leek, dated 2/10/99, I noticed several inaccuracies which I would like to point out as follows: Mr. Ballard is claiming that he would be hurt by our new entrance. I fail to understand how this claim could be true and in his letter there was no explanation offered as to why. Secondly, Mr. Ballard's depiction of who owns the property is also wrong. The owners of the property are Gary and Jeff Flood individually who are both residents of Shakopee. furthermore,we own the business that operates out of that property, Shakopee Auto, Inc. We regularly visit the property to check up on things. It is also untrue that it took four years to paint the building and even if that were accurate, it is irrelevant to this discussion and irresponsible for Mr. Ballard to make that claim. Thirdly,Mr. Ballard's claim that our tenant, The Wedding Station,has two rear accesses (where their parking is located) and utilize the church's 1st Avenue entrance is an absolute lie. Mr. Ballard has refused to allow The Wedding Station customers through his church's front door, after evicting The Wedding Station from an illegal sublease that he wrote with them on my property. In addition, only one access is available in the back,not two as he claims. In reading Mr. Ballard's letter, I can find only one point I agree with and that is his statement that the building has not had a driveway entrance on 1st Avenue for twenty years and we are not here asking for one. We are here asking only to place a doorway in our building that would facilitate the handicapped, act as another fire exit and improve the appearance of our property. I hope this information will be helpful to you in reaching a decision to overturn the appeal orchestrated by a disgruntled Mr. Ballard. I will be available to answer questions at your meeting or I can be reached by phone before that date to discuss any issues that you may have. Thank you for your time and consideration. Sincerely, Gary R. Flood i ... ,... r) /-A--- ,......, ... --7 / 4 —._ C.... d (•,...... te ea ....g. H ; 7 - 1' , .... Ar- 1.11 •;* , so— 2.• Ca• $.i. ‘-. ....- H .. ....6.... , ‹, ",, T c, •••.:.- ,.., c.....• ;.,..... , , /. 4:,r..•-.•. .'-- - .: .f lT ( 4 _ V\ r ...3c S... C.-/- -, - ....--\ • 777-D_ :•••. I ---) t N --"-- • , C .... c tz T... 1717 I t.— -, C.. ...... t 1 ..N ...t ...1 F•tb t... c- — ....,‘ ., t. .. -. 71 cy 46 'fly \ .......... - C_. 4._ ..,, . ...... _. , .1 G tr • ATTACHMENT C CITY OF SHAKOPEE Memorandum TO: Board of Adjustment and Appeals FROM: Jared Andrews, Planner I SUBJECT: Appeal of City Staff determination MEETING DATE: March 4, 1998 Site Information: Applicant: Mr. Craig Ballard Location: 700 Block of East First Avenue Current Zoning: Highway Business(B-1)Zone Adjacent Zoning: North: Highway Business(B-1)Zone South: Highway Business(B-1)Zone East: Highway Business(B-1)Zone West: Highway Business (B-1)Zone 1995 Comp. Plan: Commercial Attachments: Exhibit A: Location Map Exhibit B: Letter of Intent Exhibit C: Variance Resolution No. CC-159 Introduction: Mr. Craig Ballard has submitted an Appeal of staff's decision approving a building permit request allowing a front door to be installed on the south side of a building located at 719 First Avenue East. This building is owned by Mr. Gary Flood, and shares a zero lot line situation with the old Calvary United Methodist Church, which Mr. Ballard owns and uses for retail. Considerations: Mr. Ballard is appealing based on a condition of a variance granted October 24, 1977 which states: "1. No entrance on First Avenue" (see Exhibit C). It has been staff's determination that this condition means no driveway entrance, since 1st Avenue East is also Highway 101 and would logically have restricted access. Mr. Ballard feels that the condition should be interpreted to mean that no doorway be permitted on the south side of the building. However, staff could think of no reason why this would be the case. The City Council 1111 S November 9th, 1977 meeting minutes do not mention the condition to provide any insight on the matter. Mr. Flood has stated to staff that he is trying to provide a more direct, handicap accessible doorway to his building. Findings: Staff finds that the proposed doorway on the south side of Mr. Flood's building does not violate any zoning code issues or approval conditions. Alternatives: 1. The Board may deny the appeal upholding staff's decision. 2. The Board may approve the appeal overturning staff's decision. Action Requested: A motion to deny or approve the Appeal request. etrzei77 " Jared Andrews Planner I • Exhibit A U 111) ill It N liar Zi 0 N i \ ( c. Pss. 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' I , IN:Nmu • • • IIIII imi ii", vitt' , -.. II 4 t hi '!f Via= t)MN me lin;� IMAMma En um NUSmin E7�" _=� _�'" ""..�" ■Mid min �� a�.mom 1 �.fa i=i maw m'O �'LI ��" ={ =='• =::: =i7 IMmidO min :am. o�°i �,E1 �s�J SIO �'� ��'! i■ a.�� . f_ vn:1 o v n r.�r� vr1E O 111-1 TICE moi: �10 6-01 , n . . , . , . . 41 i • _II , _ sri,i� IMAM' s�.. i- —' l s. L:h'.47' I,6a FQ"�Q_�� soca �P . is 1 It ��imr.i mi • Exhibit B February 10, 1999 Michael Leek, Community Development Director City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Subject: Variance& Permit Conflict at 705 First Avenue East(Old Church Building owned by Craig Ballard & Annex Building(owned by Flood Brother's Inc.) Dear Mike: *_ Thank,you for discussing with me the variance issues regarding the annex building at 719. First Avenue East(owned by Flood Brother's Inc.)&the church building at 705 First Avenue East( owned by me). Per your recommendation I have filed the necessary paperwork to begin the appeal process. When we spoke you noted to me that work should not proceed until a judgment on the appeal has been reached-I agree. However, the building department indicated that they may allow construction to proceed on the condition that it be removed if the appeal is successful. I have concerns over construction proceeding for the following reasons: • If the city allows the entrance and then tells Flood Brother's Inc. to remove it. The city may then leave itself open for legal scrutiny. The end result would once again leave me being hurt by an illegal entrance. • Flood Bros. Inc. is an off-site landlord-they have not demonstrated a great care for this building in the past. I fear that they will drag-out the city's request to remove the entrance. It took Flood Brother's Inc. 4 years to paint the building& it is still not completed. I do not believe they will be timely in removing construction. • I fear allowing the work to go forward may slightly sway the hearing. I know staff will be fair, but sometimes the slightest advantage/disadvantage can be significant. • The building has not had an entrance on First Avenue for 20 years. Holding off on construction for 2 weeks pending committee decision makes sense. The current occupants(The Wedding Station)have been tenants in this building since June 1998. They have 2 rear accesses (where their parking is located)&utilize the churches First Avenue entrance. Construction does not need to take place prior to committee's decision. It should be noted that I did speak with Jarod long before this permit was granted. At that time I voiced my concerns on what this variance meant. That conversation ended with Jarod saying that the variance really didn't matter because Scott County would not allow new entrances& driveways on First Avenue of any kind. Based on this conversation I believe I should have been notified about any permit issued to the contrary. I know staff is • stretched to the limit. I do hope in the future I will becontacted busy& oftentimes st et when permits being pulled under 705 First Avenue East come up. Thank you. Sincerely, Craig and 403-1283 /5.11. Exhibit C __.=::. VARIANCE L_SOLUTION NO. CC-159 WHEREAS , vary United Methodist Church , having first filed an applica ion or an appea to the City Council, dated 10-24-77 . for a variance from the strict application of the provisions of the Shakopee Zoning Ordinance, to wit: a variance from setback requirements to permit a front yard setback of 15 feet and a 20 foot side yard set- back on the East side ' and, WHEREAS , said setbacks would allow the addition rn rho Church to align with the present church structure NOW THEREFORE, Upon hearing the advice and recommendation of the City Planning Commission, and upon determining that the granting of this variance is necessary for the said applicant, and will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in the public streets, or increase any public hazard nor diminish property values in the surrounding area, nor is it in any other respect contrary to the intent, purpose, or objectives of the Shakopee Zoning Ordinance or the Comprehensive Guide Plan; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, That the aforementioned variance is hereby granted, subject to the fol- lowing special conditions : 1 . No entrance on First Avenue ' Passed in special session of the City Council held this 9th day of • November :+q,•. , 19 77 ,."=;, . ''LlAtr Mayor of the City•:,of.. a opee ATTEST. , ' r c5Th - - •, . .. Ci Cle • i., , /S. A . z, . CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Proposed Extension of Development Moratorium to B-1 Development MEETING DATE: March 16, 1999 INTRODUCTION: At its March rd meeting the Council passed a motion directing staff to prepare an ordinance extending the recently enacted development moratorium to B-1 development. Since that meeting there have been a number of informal discussions with various Council members about the efficacy of extending the moratorium. Because of those discussions staff is requesting that Council further discuss the proposal and provide direction regarding whether or not to proceed with preparation of an interim ordinance extending the moratorium to B-1 development. ACTION REQUESTED: Council is asked to provide direction regarding whether or not to proceed with preparation of an interim ordinance extending the moratorium to B-1 development. R. Michael Leek Community Development Director i:\co mmdev\P C\1999\0316\B-1 Moratorium.doc CONSENT CITY OF SHAKOPEE )5.• a. '!) . Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to Resolution No. 4973, A Resolution Granting SPUC a CUP for Utility Service Structures and an Over Height Fence MEETING DATE: March 16, 1999 INTRODUCTION: On September 1, 1998 the Council approved Resolution No. 4973 granting a CUP to SPUC for an electrical substation. Recently, it was pointed out to staff that the legal description provided by SPUC, and thus included in the resolution is inaccurate in that it describes the entire Valley Green parcel. Council is asked to adopt Resolution No. 5090 amending Resolution No. 4973 by correcting the legal description. ACTION REQUESTED: Council is asked to adopt Resolution No. 5090, A Resolution Amending Resolution No. 4973, A Resolution Granting a Conditional Use Permit for Utility Service Structures and Over Height Fence Located in the Highway Business (B-1)Zone. d / R. Michael Leek Community Development Director i:\commdev\CC\1999\0316\RES5090.doc RESOLUTION NO.5090 A Resolution Amending Resolution No. 4973,A Resolution Granting a Conditional Use Permit for Utility Service Structures And Over Height Fence Located in the Highway Business (B-1)Zone. WHEREAS,on September 1, 1998 the City Council of the City of Shakopee adopted Resolution No. 4973, a Resolution Granting a Conditional Use Permit for Utility Service Structures and Over Height Fence Located in the Highway Business(B-1)Zone; and WHEREAS,the legal description contained in Resolution No. 4973 incorrectly describes the affected property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That Resolution No. 4973 is hereby amended by substituting the following legal description: Tract A,Registered Land Survey 172, Scott County,Minnesota Adopted in regular 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 PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CITY OF SHAKOPEE Memorandum /J•6. 7' TO: Mayor and CityCouncil CONSENT' Y Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Request for Extension of Preliminary Plat Approval for Evergreen Heights DATE: March 16, 1999 Introduction: On March 17, 1998, the City Council approved the preliminary plat of EVERGREEN HEIGHTS by the City of Shakopee. This was a two (2) lot subdivision, and included the city's new fire station located off Vierling Drive. Location and plat maps are attached for your reference. Discussion: According to City Code Chapter 12.03, Subd. 3.G. Subpara. 3.: "The Council may extend the time period of preliminary [plat] approval, upon written application by the developer.... such extension shall not exceed a 12 month period" In keeping with this requirement, the City of Shakopee requests an extension of preliminary plat approval for EVERGREEN HEIGHTS. Alternatives: 1. Approve the requested extension. 2. Do not approve the requested extension. Action Requested: Offer and approve a motion granting extension of the preliminary plat approval for EVERGREEN HEIGHTS to March 17, 2000. Tim Benetti Planner I h:\evgnext.doc [ # , _ ...., , ._ ,..,. ite , 4Iitipie 4It , Z� C - • .r#_ OA ANTI : ti A T . -.- ,- p 41040#4•it 4,,,,, DATE -eis 14o T'�n �',•��� 10/20/94 384 94-8384—PZ �• . ,.i ♦ II 1, itA p ., ,e .•44��t 11/15/94 389 94-0389—PZ .A.,,..,„. *14* ev., Ahill_Eitellk die /lib 41/4V411,1 _ it% gi 41rit ` 1/1� braes X0,.,.a ty;111114116rt.>4 ,�2'��q, • �,*� • ierr:tet)•',v A.401, ' el*Ab jgAw '�� ' ; 111111 ! A t EVIA .„., lam N . OM ,j4•I,7���,,, DE!y, ap.,:,.....,, t:. liar ,,,, min ,��� YWi um 01 4 �l,�;-L' fall oit SUBJECT SITE> Dija, v !� i u n.1 X1,1 :::,1i:1.:1:;S"j ,,, gollIlk iiiiip 51111111 i _, _ _ _ __ rii LEGEND Underlying Zones AGI AGI Agriculture RR 1 Rural Residential 'RIM Low Density Residential • R Br---1 Urban Residential IR 1 C I Old Shakopee Residential I R2 I Medium Density Residential 11/ I R3 I Multiple Family Residential I 81 I Highway Business GRAPHIC SCALE I82 I Office Business 183 Central Business 8D0 1200 1600 2400 4000 01"..iiiiiimilmommummoi 111 I Light Industrial 12 I Heavy Industrial ti ( IPS FEET ) 4" I MRI Major Recreation 1 inch = 800 ft. e Overlay Zones Ni • -. I—S--IShoreland I—F-1Floodplain District ti- ///Ll Mining Overlay . :SN15 = PIJD Overlay i . / _7.1.9"" Na3510+/lEx1111I f� ® r/��.l +/��Nxu�oaxnlsva � I66PL M ZZ MOO N e /I� 8 S. k 1 / • g2I 1 / 1 m ii a ...._______ i 11 111 1 E / k ck I O fl Is Ci �+�.b V Vb 3 mon b (i I 'g 8 q m 1R tiiii /I '; cl / ,,,. 11 ' V / \ / \ \ 3 l•.� p 09.2820• W 1i1.1:Q ''N ^4a � . Boot \ \ m pI !off! /.* v, gill\ va 11 \\\\ \ E \ a`22� ii\\\,. \ c•S el: i ii 111 11;£ . by 11q1 gig WI Ili isE 1! a� \ '+v 1 4e Ali ihs s gl� g nae -: 1 1� ! R � Y clad 1 #i V i! 3S 1 NMr`ltIN ill! 44 L5 ��` 'IQ, up Pi ipc t.erg <lit \ 0 4 4 , 1., .. .3, „, .., , . I EA ci /—-J IiIi IN 1 \• . lltf * % - s88i1l ii9l is t• t J i 1Ip • j !i s10 ] 1 ti. . k', „_ _ m1 y 1!I1 { sEE s qq eRA sth 131 j 1113 111 i Isis lid i tI1I1 s _ i 1111111 , 44 sil ill 1 1 a i.Ui 1;k�1 ill! 1'4ii8 — — — £ M 048£.00 N ritiii 1; illi 0 Ed i 11' Y$Ii1�� E 1121141 iNaas Jo V3 JO M +/1 3N 331413NI l!0 1 1e7A /5-MISe CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I Cg— SUBJECT: Vacation of Blanket Easement in Marymark Addition (760 7th Avenue West) APPLICANT: Scott County Abstract& Title, Inc. DATE: March 16, 1999 Introduction Scott County Abstract & Title, Inc. are requesting a partial vacation of a blanket easement which encumbers the above described property, located in Lot 7, Block 1, Marymark Addition. Said property is owned by Kenneth and Janet Theisen. Discussion This blanket easement is for the general placement of electrical transmission lines and structures where needed. It appears this easement encumbers the entire lot. Shakopee Public Utilities (SPUC) has investigated this matter, and has determined their transmission line is located within the adjacent alley. Therefore, the entire blanket easement is no longer needed. SPUC however, is requesting the city to retain a five(5)foot wide easement strip along the south property line. The attached Resolution No. 5091 sets a public hearing date of April 20, 1999 to consider the partial vacation of this blanket easement. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission (April 8, 1999 meeting), will be presented to the City Council for your consideration. Action Requested Offer Resolution No. 5091 a Resolution Setting the Public Hearing Date to Consider the Partial Vacation of a Blanket Easement within Lot 7,Block 1,Marymark Addition, and move its adoption. i:\oonmidev x\1999\cc0316\vacmmadc.doc RESOLUTION NO. 5091 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF AN EASEMENT WITHIN LOT 7,BLOCK 1,MARYMARK ADDITION WHEREAS,it has been made to appear to the Shakopee City Council that a blanket easement dedicated within Marymark Addition, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest;and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 20th day of April, 1999, at 7:00 P.M. or thereafter, on the matter of vacating the easement within Lot 7, Block 1, Marymark Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. 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Fa.'.: fs ,6, / CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: McGuire Circle &McGuire Court Feasibility Report DATE: March 16, 1999 INTRODUCTION: Attached is Resolution No. 5079, a resolution receiving a report and calling a hearing on improvements to McGuire Circle and McGuire Court within the plat of Riverview Estates and Muhlenhardt Road between County Road(C.R.) 16 and Horizon Drive. BACKGROUND: On January 5, 1999, Resolution No. 5049 was adopted and ordered the preparation of a feasibility report for McGuire Circle and McGuire Court improvements within the plat of Riverview Estates. Also, the City Council directed staff to include alternatives for improving Muhlenhardt Road in this report. The paving improvement for McGuire Circle and McGuire Court was initiated by a petition from residents living on those streets. McGuire Circle and McGuire Court are existing bituminous paved streets, while Muhlenhardt Road is an aggregate surfaced street. The feasibility report has been completed and is attached for Council acceptance and to set a date for a public hearing. The attached resolution sets a date for the pubic hearing for this project for April 20, 1999. The approval of Resolution No. 5079 does not order the project nor does it commit the Council to constructing any improvements. The intent of this resolution is to accept the feasibility report and set the public hearing date. The public hearing will allow the property owners adjacent to the project area and the general public an opportunity to address the City Council on this project. Staff will make a brief presentation at the March 16, 1999 Council meeting to provide an overview of the project and the feasibility report. Staff will make a full presentation at the April 20, 1999 Council meeting on the feasibility report for the public and the Council at the public hearing. Within the report, staff addresses the issue of reconstructing the pavements on McGuire Circle and McGuire Court and the upgrading of Muhlenhardt Road. The construction of existing bituminous pavements on McGuire Court and McGuire Circle would be assessed at 25% to benefitting properties and 75% paid for by City general tax levy. Muhlenhardt Road upgrading had three alternatives analyzed by staff as follows: • Alternative No. 1 - Muhlenhardt Road improvements, from C.R. 16 to McGuire Circle. • Alternative No. 2 -Muhlenhardt Road improvements, from Horizon Drive to 350' north of McGuire Circle. • Alternative No. 3 - Muhlenhardt Road improvements, from C.R. 16 to Horizon Drive. The main issues with this report is whether to reconstruct McGuire Circle and McGuire Court as a separate project or to include Muhlenhardt Road improvement, and also if Council agrees with staff's determination of assessed cost and City cost for Muhlenhardt Road project costs. It has been staff's position that Muhlenhardt Road should be improved in conjunction with the reconstruction of McGuire Circle and McGuire Court streets. Staff's position is due to the high maintenance costs associated with a gravel surfaced Muhlenhardt Road and that this road is the only access road to McGuire Circle and McGuire Court residents, this road should be upgraded with the upgrading of McGuire Circle and McGuire Court. On the assessment issue, staff is recommending the City pay for 50% of the improvements on Muhlenhardt Road, due to the fact that double fronted lots exist on one side and there is considerable maintenance cost savings by upgrading Muhlenhardt Road. Staff did conduct a neighborhood informational meeting on the feasibility report in which 6 out of 12 properties were represented. The general consensus from those property owners in attendance was that they were in favor of improving Muhlenhardt Road, from C.R. 16 to Horizon Drive, based on the City paying for 50% of the costs. If the Council adopts Resolution No. 5079 for improvements to McGuire Circle and McGuire Court in Riverview Estates and Muhlenhardt Road, the approval vote needs to be a 4/5 majority vote. If the Council modifies Resolution No. 5079 to include only the McGuire Circle and McGuire Court improvements, then a simple majority of Council members is required for the project to proceed. ALTERNATIVES: 1. Adopt Resolution No. 5079, this action will receive the feasibility report and set the date for the public hearing for April 20, 1999. 2. Deny Resolution No. 5079. This action will halt the project until such time as City Council reconsiders the resolution. 3. Table Resolution No. 5079, to allow time for staff to prepare additional information as directed by the City Council. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 5079, as this would allow a public hearing and public input to take place on the proposed improvements to decide whether or not this project should move forward to the 1999 construction season. ACTION REQUESTED: Offer Resolution No. 5079, A Resolution Receiving a Report and Calling a Hearing on an Improvement to McGuire Circle, McGuire Court and Muhlenhardt Road, between County Road 16 and Horizon Drive, Project No. 1999-2 and move its adoption. Bruce Loney Public Works erector BL/pmp MEM5079 RESOLUTION NO. 5079 A Resolution Receiving A Report And Calling A Hearing On An Improvement To McGuire Circle, McGuire Court And Muhlenhardt Road, Between County Road 16 And Horizon Drive Project No. 1999-2 WHEREAS,pursuant to Resolution No. 5049 of the City Council adopted January 5, 1999, a report has been prepared by the City Engineer,with reference to the improvement of McGuire Circle, McGuire Court and to the improvement of Muhlenhardt Road,between County Road 16 to Horizon Drive by street, storm sewer, concrete curb and gutter and any appurtenant work; and this report was received by the Council on March 16, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of McGuire Circle,McGuire Court and Muhlenhardt Road,between County Road 16 to Horizon Drive by street, storm sewer, concrete curb &gutter and any appurtenant work, in acccordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$224,699.20. 2. A public hearing shall be held on such proposed improvements on the 20th day of April, 1999, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1999-2 Public Improvement Program. 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 I r FEASIBILTY REPORT ' FOR IMPROVEMENTS TO McGUIRE CIRCLE, McGUIRE COURT AND ' MUHLENHARDT ROAD BETWEEN COUNTY ROAD 16 AND HORIZON DRIVE LOCATED IN SECTION 13 AND 24 RANGE 22 TOWNSHIP 115 CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA I I I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. 1 DateO �� /997Registration No. 17590. ' 1 TABLE OF CONTENTS I ' INTRODUCTION 2 ' SCOPE 2 BACKGROUND INFORMATION 2 ' Zoning 2 Existing Roadway 2 Existing Sewer and Water Utilities 3 ' Existing Storm Sewers 4 Roadway History 4 STREET ALTERNATIVES 5 McGuire Circle and McGuire Court Alternatives 5 Muhlenhardt Road Alternatives 5 RECOMMENDED IMPROVEMENTS 8 FUNDING AND SPECIAL ASSESSMENTS 8 ' CONCLUSIONS 11 ' APPENDIECIES 12 I ! 1 I I INTRODUCTION IOn January 5, 1999 the City of Shakopee ordered the preparation of a feasibility report for street improvements to McGuire Circle, McGuire Court and Muhlenhardt Road, I located in Riverview Estates, by Resolution No. 5049. The City Council also directed staff to consider options in improving Muhlenhardt Road from County Road 16 to Horizon Drive. I SCOPE IThe City of Shakopee has received a petition for a paving improvement for McGuire Circle and McGuire Court. The residents on McGuire Circle and McGuire Court I within the plat of Riverview Estates submitted this petition. Concurrently, the City Council of Shakopee ordered the preparation of a feasibility report on reconstructing the bituminous pavements on McGuire Circle and McGuire Court and for the upgrading I Muhlenhardt Road'by considering the options of bituminous pavement and adequate drainage facilities. This report addresses the issues of the paving improvement of McGuire Circle and McGuire Court and investigates the feasibility of upgrading IMuhlenhardt Road. BACKGROUND INFORMATION IZoning IThe areas abutting McGuire Circle, McGuire Court and Muhlenhardt Road are located in the R1 Zone, Rural Residential. IExisting Roadway .7 ,�, , , j -,/,',„,,,,-;:--,,'',`•-•'..•M1 r I414111141%,- ve. �, ' '„ 3 `' �f x.` 4Y W • ;i c'S ... ,t+' s " 'b° .'gym y'M 6.43 y.,,,. ..,..1.,:,--I McGuire Circle and McGuire Court (shown above) were constructed in 1975. They both are dead end Icul-de-sacs with Muhlenhardt Road as their only access. McGuire Circle and McGuire Court roadway widths vary from 25 to 27 feet with 3 to 5 foot Ishoulders. The bituminous pavement thickness varies from 1.75 to 3 inches. The I 2 I I underlying base thickness varies from 2.5 to 12 inches of crushed rock. The only drainage Ifacilities are roadside ditches. Today the existing pavement is severely deteriorated beyond which an overlay is impractical. Therefore the proposed project would be to reconstruct the street pavement section. 4 RAS+t+o � �y e `k+ e d� ,Rrc x i Niq a."�._ s ;,,--'4), ` t^ d"ta-d4 "s 'p. "k ° ' - --,-,Y,f-, Alt ---ili - ' X y vI ks '" _..rat iF- w � ^+rte A t ' ::e) — Muhlenhardt Road (shown above and to the left) is currently a 24-foot wide gravel road with an extremelystee sloe 6 10% from Horizon Drive to C.R. 16. The gravel thickness varies from 5 to 8 inches. There x are no drainage facilities except for poorly designed roadside ditches. Because of the 1:-.71.41.,..17,-;....: �� steep slope and lack of drainage facilities this I - '=w � is an extremely high maintenance road. '� Portions of the road are abutting � _ --- platted lands while other portions are I unplatted. The following subdivisions abut e this road: Riverview Estates, Horizon Heights I';-k,:::,„ ee 1St and 4th Additions. The existing right-of- ' k �'' way varies from.50 feet wide to 93 feet wide. There are no exsting direct accesses (driveways) to Muhlenhardt Road from any of the abutting platted lots, but there is a direct Iaccess to the road from the unplatted land. This road is considered a local road, by the City of Shakopee's Functional Classification System. IExisting Sewer and Water Utilities I There are no municipal sewer and water utilities in this area. No MUSA (Municipal Urban Service Area) extension is planned or foreseen for this area according to the Community Development Department on their discussion with the Metropolitan Council. 1 3 1 ' Existing Storm Sewers ' The intersection of Muhlenhardt Road and Horizon Drive drainage is provided by two storm sewer catch basins that discharge into the northeast ditch. There are no existing storm sewer drainage structures on McGuire Circle and McGuire Court. Drainage is provided via roadside ditches for all roadways. Roadway History ' McGuire Circle and McGuire Court were constructed in 1975 as part of the Riverview Estates Plat. Muhlenhardt Road was originally on the township street system, prior to the City of Shakopee annexing Eagle Creek Township. In 1977, the City requested that this road be changed from a City street to a County State Aid Highway. On April 18, 1978 the Commissioner of Transportation designated this road as C. S. A. H. 21. The road was graded and constructed to its current alignment and grade in 1981 by Scott County. In 1987, the County decided to turn back this road to the City. On December 1, ' 1988 all work on the road required by the City was completed and the road was accepted by the City of Shakopee. Since that date it has been under the City's jurisdiction. 1 1 1 4 1 STREET ALTERNATIVES McGuire Circle and McGuire Court Alternatives ' Alternative 1 ' The City of Shakopee has received a petition for the paving improvement for McGuire Circle and McGuire Court. The existing pavement on these roads is about 25 years old. It is severely deteriorated beyond which an overlay is impractical. Therefore staff recommends reclaiming the existing bituminous pavement to be used as base for a new roadway section. The proposed street width is 28 feet. The proposed roadway section is 4 inches of crushed limestone, 2 inches of bituminous base course and 1.5 1 inches of bituminous wear course. This pavement section was designed based on the results of soil borings taken at different locations along the centerline of McGuire Circle and McGuire Court. Since the road will be raised by 7.5 inches, topsoil fill will need to be ' added to match into the existing ground along the roadside ditches. New sod is to be placed along any regraded ditch areas. The total estimated cost for this alternative is $94,839.36. See the Appendix A6 for a detailed cost breakdown. ' Alternative 2 Do nothing. Muhlenhardt Road Alternatives Alternative 1 Due to the steep grades and lack of adequate ditching for storm water run-off, the ' gravel surface of Muhlenhardt Road requires a high degree of maintenance. The highest maintenance area of Muhlenhardt Road is between County Road 16 and McGuire Circle. Therefore, between these two roads the following improvements are proposed: • 30 foot street width • 4 inches of crushed rock placed over the existing gravel surface • 3.5 inches of bituminous pavement • Curb and gutter to provide improved drainage • Storm sewer catch basins at the intersection of Muhlenhardt Rd. and C.R. 16 ' • 45 feet of storm sewer for drainage across Muhlenhardt Rd. and C.R. 16 intersection • Regrading of ditch along C.R. 16 to provide a small ponding area for storm water ' • Sod and seeding of shoulders • Topsoil fill to match raised road to the existing ground along the roadside ditches 1 1 5 I I Nothing proposed is to be done with Muhlenhardt Road South of McGuire Circle at this time. Relatively less maintenance is required to maintain the existing gravel surface Ialong this stretch. Also, the City is investigating the possibility of a double chip seal for Muhlenhardt Road between McGuire Circle and Horizon Drive. This would be done as a Minnesota Department of Transportation research project road. MnDot would allocate a Iportion of the funding for this project. Staff has been working with MnDot on a local road research project for low volume I aggregate surfaced roads. MnDot engineers have reviewed the site and are of the opinion that Muhlenhardt Road would be an excellent candidate for a double chip seal application or asphalt shingle chip application due to its low traffic volume and minimum drainage on I the road. Muhlenhardt Road north of McGuire Circle has excessive drainage on the road and would not be a good candidate for a double chip seal. In the proposed research project MnDot and the Local Road Research Board have I indicated payment for the double chip seal or asphalt shingle seal with the City responsible for the aggregate preparation prior to seal applications. This preparation would be done by the Public Works Department and paid with budgeted street funds. I The total estimated cost for this alternative is $80,602.72. See the Appendix A7 for a detailed cost breakdown. IAlternative 2 Since the highest maintenance area on Muhlenhardt Road is between McGuire I Circle and County Road 16 the second alternative is to vacate this area. This alternative would be to improve Muhlenhardt Road from Horizon Drive to 305 feet north of McGuire Circle. The following improvements are proposed: I • 4 inches of crushed rock placed over the existing gravel surface • 3.5 inches of bituminous pavement 1 • 30 foot wide paved street with curb and gutter from McGuire Cir. to 305' north to provide improved drainage I . 28 foot wide paved street with no curb from Horizon Drive to McGuire Circle I • Vacate Muhlenhardt Rd. from 305 feet north of McGuire Cir. To C.R. 16 • Small cul-de-sac partially utilizing residence driveway for emergency vehicle turn around I • Storm sewer catch basin at end of cul-de-sac • 630 feet of storm sewer to run under vacated area of Muhlenhardt Rd. to C.R. 16 ditch • Regrade ditch along vacated Muhlenhardt Rd. and C.R. 16 intersection I • Sod and seed shoulders and vacated area of Muhlenhardt Road • Topsoil fill to match raised road to the existing ground along the roadside ditches IThere is a private driveway (shown on the next page) approximately 300 feet north of McGuire Circle. Therefore, Muhlenhardt Road would have to extend to serve this residence. A small cul-de-sac partially utilizing this driveway for emergency vehicle turn I around would be necessary. The area to the north of this driveway to County Road 16 would be vacated. This area would be covered in topsoil with sod and/or seed to establish an erosion control. IMuhlenhardt Road would be paved form Horizon Drive to the cul-de-sac. Curb and gutter 1 6 8,i--,. -t. would be necessary from McGuire Circle north to the cul-de-sac for storm water runoff drainage. The storm water would be caught at the end of the road by catch basin and carried approximately 630 feet by . reinforced concrete pipe and discharged in the County Road 16 ditch. This would also require the County Road 16 ditch to be 4 regraded along the vacated area of the , � �� Muhlenhardt Road and County Road 16 I intersection. ' Since the entire roadway would be raised 7.5 inches with a new pavement section, topsoil fill will need to h added to match into the existing ground along the roadside ditches. Any regraded ditch areas would be seeded. The total estimated cost for this alternative is $113,201.44. See the Appendix A8 Ifor a detailed cost breakdown. Alternative 3 IAlternative 3 is to improve Muhlenhardt Road from County Road 16 to Horizon Drive. Between these two roads the following improvements are proposed: over the existingravel surface 4 inches of crushed rock placed g I . 3.5 inches of bituminous pavement I • 30 foot wide paved street with curb and gutter from McGuire Cir. to C.R. 16 to provide improved drainage I . 28 foot wide paved street with no curb from Horizon Drive to McGuire Circle t • Storm sewer catch basins at the intersection of Muhlenhardt Rd. and C.R. 16 • 45 feet of storm sewer for drainage across Muhlenhardt Rd. and C.R. 16 intersection • Regrading of ditch along C.R. 16 to provide a small ponding area for storm water . Sod and seeding of shoulders I . Topsoil fill to match raised road to the existing ground along the roadside ditches The total estimated cost for this alternative is $129,859.84. See the Appendix A9 for a detailed cost breakdown. IAlternative 4 IDo nothing. I RECOMMENDED IMPROVEMENTS This report recommends McGuire Circle and McGuire Court Alternative 1 and Muhlenhardt Road Alternative 1 at a minimum. These alternatives provide the necessary improvements at the lowest cost. Staff does not recommend improving McGuire Circle and McGuire Court without some improvement to Muhlenhardt Road. This is due the high maintenance costs associated with Muhlenhardt Road and because it the only access to McGuire Circle and McGuire Court. This report also recommends keeping Muhlenhardt Road open the entire length between County Road 16 and Horizon Drive. This is due to the steepness of the road's grade and the need to maintain two access routes for emergencies. (See Appendix A11-Al2 for memos from Fire and Police Department on emergency vehicle access.) The Muhlenhardt Road Alternative 2 is more costly and is not recommended due to the need to maintain two accesses to properties along this road. The Muhlenhardt Road Alternative 3 is also an acceptable alternative as this would provide two paved accesses to properties in this area. FUNDING AND SPECIAL ASSESSMENTS The Special Assessment Policy allows the assessment to be calculated either on a ' front foot basis or on a per lot basis. There are very few properties actually abutting Muhlenhardt Road and there is a large variation of front footage of the lots on McGuire Circle and McGuire Court. Since all properties will benefit from the proposed improvements it is most equitable to assess these streets on an area wide basis using the per lot method. McGuire Circle and McGuire Court Alternative 1 benefits all those lots located within Riverview Estates (except Lots 7, 9 and 10 since these lots do not abut McGuire i Circle and McGuire Court). Therefore the total number of lots included in the assessment calculation is 12. The city is proposing to cover 75% of this cost. The other 25% would be paid for by the 12 benefiting lots of Riverview Estates. The funding for this alternative is shown below: Project McGuire Cir. & McGuire Ct. Funding Alternative 1 City's Contribution (75%) $71,129.52 Assessment Per Lot (12 Lots) $1,975.82 Total Amount Assessed (25%) $23,709.84 Total Alternative Cost $94,839.36 ' For the Muhlenhardt Road Alternative 1 proposal, the assessments would be for the 12 lots receiving access within Riverview Estates and the lot receiving direct access off Muhlenhardt Road. The one lot with access off of Muhlenhardt has 1,139 feet of front footage off of Muhlenhardt Road. The lots within Riverview Estates receive access benefit • 8 I from Muhlenhardt Road, but not directly. It is proposed to assess these properties as follows: 1) 1 lot assessment if property receives direct access and property abuts Muhlenhardt Road 2) 1/2 lot assessment if property receives secondary access from Muhlenhardt Road The city is proposing to cover 50% of this cost due to maintenance cost savings in improving this road (see cost analysis in the Appendix A13) and the fact that one side of ' Muhlenhardt Road has double frontage lots in Riverview Estates. The other 50% would be paid for by the 12 benefiting lots of Riverview Estates and the abutting property along the west side of Muhlenhardt road. This would give a total of 12 lots receiving 1/2 lot assessment and 1 lot receiving a full lot assessment for the Muhlenhardt Alternative 1. The funding for this alternative is shown below: Project Muhlenhardt Funding Alternative 1 t City's Contribution (50%) $40,301.36 Assessment Per Lot For $2,878.67 Riverview Estates (12 Lots) ' Assessment For Muhlenhardt $5,757.34 Rd. Property Total Amount Assessed (50%) $40,301.36 Total Alternative Cost $80,602.72 If the improvement Alternative 2 or 3 is approved for Muhlenhardt Road the 12 benefiting lots of Riverview Estates would be assessed. The abutting property along the ' west side of Muhlenhardt road would also benefit. There is a city park on the west side of Muhlenhardt Road that would also be given an assessment as the City's assessment policy requires the park property to be regarded as if the property was privately owned. I Two parcels along Muhlenhardt Road in Horizon Heights 4th Addition that are currently undeveloped would also be assessed as these lots could access Muhlenhardt Road. This report is proposing that the city pays 50% of the street improvement cost due to high maintenance costs and that one side of Muhlenhardt Road has double frontage lots. The other 50% would be paid for by the 12 benefiting lots of Riverview Estates and for each of the abutting properties along Muhlenhardt road that do or could receive access off ' Muhlenhardt Road. The lot assessments would be as follows for these alternatives: 1) One lot assessment if property receives direct access and abuts Muhlenhardt Road. 2) 1/2 lot assessment if property receives secondary access from Muhlenhardt Road. I 1 : The funding for these alternatives is shown below: Project Muhlenhardt Muhlenhardt I Funding Alternative 2 Alternative 3 City's Contribution (50%) $56,600.72 $64,929.92 Assessment Per Lot For Riverview $2,830.04 $3,246.47 I Estates (12 Lots) Assessment Per Lot For $5,660.07 $6,492.99 Muhlenhardt Rd. Properties (4 Lots) I Total Amount Assessed (50%) $56,600.72 $64,929.92 Total Alternative Cost $113,201.44 $129,859.84 ISummary of Funding Sources For McGuire Circle, McGuire Court and IMuhlenhardt Road Improvements Description McGuire Muhlenhardt Muhlenhardt Muhlenhardt IALT. 1 ALT. 1 ALT. 2 ALT. 3 City Tax Levy $71,129.52 $40,301.36 $56,600.72 $64,929.92 I Private Assessment $23,709.84 $40,301.36 $50,940.65 $58,436.93 City's Park Assessment $5,660.07 $6,492.99 Project Total $94,839.36 $80,602.72 $113,201.44 $129,859.84 I IProject Description Total City Cost Assessment Project Total McGuire Alt. 1 and Muhlenhardt Alt. 1 $111,430.88 $64,011.20 $175,442.08 I McGuire Alt. 1 and Muhlenhardt Alt. 2 $133,390.31 $74,650.49 $208,040.80 McGuire Alt. 1 and Muhlenhardt Alt. 3 $142,552.43 $82,146.77 $224,699.20 I I Estimated Cost The preceding costs were prepared based upon an Engineer's Estimate and are I subject to change, depending in the final design of the project, bids received and actual work performed. I I 11 1o 1 CONCLUSIONS ' The City of Shakopee has received a petition for the paving improvement for McGuire Circle and McGuire Court. The existing pavement on these roads is about 25 years old. It is severely deteriorated beyond which an overlay is impractical. Therefore ' staff recommends reclaiming the existing bituminous pavement to be used as base for a new roadway section. On top of this the new roadway would have 4 inches of crushed rock and 3.5 inches of asphalt pavement. This design was based on the classifications of the tested subsoil and the condition of the existing pavement. Staff does not recommend improving McGuire Circle and McGuire Court without some improvement to Muhlenhardt Road. This is due the high maintenance costs associated with Muhlenhardt Road and because it the only access to McGuire Circle and Court. Also, by including Muhlenhardt Road with the reconstruction of McGuire Circle and McGuire Court the increased project size will provide for volume unit price savings for ' both project areas. Muhlenhardt Road has long been identified as a constant source of complaints for the traveling public. Due to the severe grades on this road, it is almost impossible to maintain the gravel surface. Weekly and after each rainstorm, additional gravel and blading are needed to bring this road up to acceptable standards for vehicular travel. Poor drainage facilities contribute to the high maintenance and the shoulders of the road ' are constantly washing out and eroding. During the winter months, the road is extremely hazardous to traverse and icy conditions sometimes result in vehicles not being able to travel uphill on the road. Due to the high maintenance costs associated with this road, this report strongly recommends making the proposed improvements. This report recommends McGuire Circle and McGuire Court Alternative 1 and Muhlenhardt Road Alternative 1. These alternatives provide the necessary improvements at the lowest cost. This report concludes that the project is feasible, necessary and cost effective. Consideration should be given to construct McGuire Circle and McGuire Court Alternative 1 and Muhlenhardt Road Alternative 3 as these streets in this area would then be completely upgraded to a bituminous paved standard. t ' 1i 1 APPENDIECIES APPENDIX A Project Location Map Al ■ McGuire Circle and McGuire Court A2 Alternative 1 Area Map Muhlenhardt Road Alternative 1 Area Map A3 Muhlenhardt Road Alternative 2 Area Map A4 Muhlenhardt Road Alternative 3 Area Map A5 McGuire Circle and McGuire Court A6 Alternative 1 Cost Estimate Muhlenhardt Road Alternative 1 Cost Estimate A7 Muhlenhardt Road Alternative 2 Cost Estimate A8 Muhlenhardt Road Alternative 3 Cost Estimate A9 Proposed Assessment Roll Al0 ' Muhlenhardt Road All Fire Dept. Memo on u Emergency Vehicle Access Police Dept. Memo on Muhlenhardt Road Al2 Emergency Vehicle Access Engineering Cost Analysis for Maintenance Costs Al 3 On Muhlenhardt Road Muhlenhardt Road 24 Hr. Traffic Volume Report A14 APPENDIX B Soil Report I • 12 INO19NINOOla 39tlAtlS -411r1 4k*P9 I 4072.'1\ iffi1 i '' ' ‘ia ' i L... I z hI kir . .4. l fi,IJJ ....... g 0 .,„..,‘„,,,,,,, „ , i t74d14 1 .5 4•1 tellr k 13 r C -,-..., 2 i � o '---. -. ''. i. / - '-. ran ji V ci: i f - Q--1 i-- i 11:111,, ig 114:671-*\ s'il ' ' ._ \\Iltg.'., 12,.- ..ii,,,, .:.ii 116 !, 4 A vi h ` I lip. ,A,, 7 Fp*.[Llii:i .. _oar Ill.-i-1 r"./t \I -1::r ...... laitjhlk,._ i., ci,, N T I1,�17_ ,,' ,i,�1...1 III. _ , �'= r roc=C._ I i 0 ,... . Com. " 11 11 IP1 .�;` W 1 1•ji '91 �� ! ir1 ig f.a 11.0 dAl 3llIASU10� v Il /„./-4' 11.1 .+=T 11 il�.0131 jj,1. t_'�. i g ;,1111► Ili y17'1 I \ 1 111 z 1, n 1 LZ.F-z-W.I E.": (89 1i� /mow sy tiil•1 i ‘ A 1 Al I - . I 6 • �. e2 N 9 rn RD 111 1/4_, _, ' 7 9 6 V 3 4 7 qN MCG '' 2 10 ,e: 3 W W F- C , 8 8 Qzp 2 6 11 'j� 2 o_ Q J CG E12 90 �� 1 Fc, 1 DI- 15 14 Q 10 cL RIVER IEW 13 Q ESTA ES CITY PARK = H❑RI : ❑N z 4 C ❑ , RD . 16 HEIG TS A 3 1ST 14 11ItA/sE- rCi 2 15D Civ., r 1 6 �� 16 ❑RIZ❑ ED 10 E - _ 4TH = 17 9 7 8 H❑RIZ❑N _ .DR VE I MAJOR ITEMS: • 28' PAVED WIDTH ,�� • 3.5" OF ASPHALT PAVEMENT ,� • 4" OF CRUSHED ROCK • SOD AND SEED SHOULDERS c0, liql ALTERNATIVE 1 McGUIRE CIRCLE AND McGUIRE Pibil SHAKOPEE NO SCALE COURT IMPROVEMENTS alleallraNIZSMIS IA2 ill ILI - III CaRD ' 7 9 345 Q L3 MCG I 'iI 10 e: 3 1- C 8 ' E8<E Q 2 6164601r 4‹.-\4‹.-\ 2 _I 9 0 � Z 12 1' , 1— 15 14cY , RIVER IEW 10 as ESTA ES 13 CITY PARK = H❑RI : ❑N w 4 C ❑, RD , 16 HEIG TS44 3 1ST 14 11ItNSE n 2 r 16 ❑RIZ❑ ,oE - _ 4TH 17 9 7 8 H❑RIZ❑N DRI 1/ MAJOR ITEMS: • 3.5" OF ASPHALT PAVEMENT I • 4" OF CRUSHED ROCK • 30' FACE TO FACE WIDTH '\•� • CURB BOTH SIDES *c)--dS)s • STORM CATCH BASINS • 45' OF STORM SEWER l>. Os • SMALL PONDING AREA • SOD AND SEED SHOULDERS ALTERNATIVE 1 IMPROVE MUHLENHARDT RD . NO SCALE FROM McGUIRE CIR . TO CO. RD . 16 III*All cmatarauesitaiff � I 1 A3 III Ilk' . IIII II CO RD ' 1 6 7 9 6 4 3 4 5Ilikhr Li MCG I " I 10 •.: 3 I- Q - C , $ 8 Q ZQ 2 6 11 '\ 2 _1< CC ' E Cl_ 12 g CT z 1 �p 1 D I— 15 14 n 10 RIVER IEW 13 ESTA ES CITY PARK = H❑RI : ❑N w 4 C ❑ , RD , 16 HEIG TS A 3 1ST 14 11PNSEr CIU., T1 F-CY 16RIZ❑ v / 10 E - _ 4TH C: 17 9 MAJOR ITEMS: _ 7 • 3.5" OF ASPHALT PAVEMENT HORIZON ,D • 8 • 4" OF CRUSHED ROCK _ �-R/ ' • 28' WIDTH WITH NO CURB SOUTH OF McGUIRE CIR. I • 30' FACE TO FACE WIDTH CURB BOTH SIDES NORTH OF McGUIRE CIR. \ • STORM CATCH BASIN . 's • 630' OF STORM SEWER 0s • REGRADE DITCH ALONG>. CO. RD. 16 • SOD AND SEED SHOULDERS ALTERNATIVE 2 IMPROVE MUHLENHARDT RD. FROM LillitiAl _ NO SCALE HORIZON DR. TO 305' NORTH OF McGUIRE CIR. A4 I 1 Vi' . 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JW WW wW 3,F O QF- ZF Q x �J QJ aJm m J m11--Jml-Jm xm m m ) C) m p'm m m x m m m m J O ..,Or Q n to O n F O r O U r} n n Z n} r W r g>r n r w 0 S n S n w W z UU0 Ei nOUU)¢UUWUUKU)UQUzo0-1001-00ZUU)woi)woaw<U aaUW wv�7JW u x a o w 3 J m o �xm xx W 0 0 a5wo65W 5w05 WU5Ww5 WCO5WU5W05wm5W25WY5wWJW mzw�Jw�JLL) v °nUnwvac�)aQco)ai�a�va°°coiaa°00-wQaaco)azva�aag�a O<OWmOwm0 (I) d QZ�YK�Y��Y2�YQO��Yw�Y��yyOQZ�YO�YOQU�YO�Y��OO�yQO }Q=; A I MEMORANDUM I TO: BRUCE LONEY FROM: MARVIN ATHMANN,FIRE CHIEF P SUBJECT: MUHLENHARDTBOAD EMERGENCY_VEHICLE ACCESS DATE: 03/04/99 IAFTER VIEWING THE VERY STEEP GRADES ON MUHLENHARDT ROAD, I WOULD LIKE TO RECOMMEND THAT MUHLENHARDT ROAD SOUTH OF MCQUIRE COURT BE LEFT OPEN TO EMERGENCY VEHICLE TRAFFIC IN SOME MANNER.. THE CLOSEST WATER SUPPLY FOR FIRE SUPPRESSION AT MCQUIRE CT AND CIRCT•F IS LOCATED TO THE SOUTH IN PRIOR LAKE. IF THE SOUTH ACCESS IS CLOSED, ROUTING FULL WATER TANKERS AROUND BY WAY OF-CO. RD. 16 AND UP MUHLENHARDT RD. WILL ADD TO WATER HAULING (SUPPLY) 'TIME WHICH COULD Bg CRITICAL TO FIRE SUPTRRSSION. -IN ADDITION, -DURING ICY CONDITIONS, FROM A SLOW TURN FROM CO. RD 16 UP THE STEEP GRADE OF MUHLENHARDT RD,ACCESS MAY BE A PROBLEM. PLEASE FEEL FREE TO CONTACT ME IF MORE DETAILS IS NEEDED. I I i I I I I A11 I plhIIIILLAII II I SHAKOPEE • DAN HUGHES Police Department Chief of Police I ITo Mr. Bruce Loney, Public Works Director City of Shakopee I 129 S. Holmes Street Shakopee,MN 55379 Reference: Muhlenhardt Road Emergency Vehicle Access I I would suggest not to vacate the upgrade to the Muhlenhardt Road review. At different times during the year, it is very difficult for emergency vehicles to go northbound on Muhlenhardt Road whether it be to assist residents on Muhlenhardt Road, McGuire ICircle and McGuire Court. There is a public safety issue that comes to mind when trying to assist residents in these Iareas. Several officers on the Shakopee Police Department have indicated that during the winter months, it is very difficult to get to the residences as needed. The roads become I very icy and snow packed and at times are treacherous to travel on with such a steep grade of the gravel road. During the spring and summer months when we have a great rain storm, Muhlenhardt Road is again at times very difficult to travel on. The rain I washes the road out. Emergency vehicles need to access both Muhlenhardt Road and the McGuire addition to provide public safety services. I It is therefore my recommendation to upgrade the Muhlenhardt Road to Horizon Drive to provide the citizens with a safer area to travel on. IPlease feel free to call if you have any questions. I 4,., 4 -,;. -,,,a' 111 Officer Lynn Lipinski #28 IMarch 4, 1999 IAlt COMMUNITY PRIDE SINCE 1857 I476 Gorman Street• Shakopee, MN • 55379-2638 • Phone: 612-445-6666 • Fax: 612-445-2313 ENGINEERING COST ANALYSIS ' FOR MAINTENANCE COSTS ON MUHLENHARDT ROAD Maintenance costs have been determined by the Public Works Supervisor as follows: 1997 $ 4,742.00 1 1998 $ 3,445.50 1999 $ 7,500.00, Average $5,229.16/Year Most of the maintenance cost on Mulhenhardt Road is from McGuire Circle to County Road 16. If Muhlenhardt Road is paved,the cost savings to the Public Works Department is projected as follows: ' • Using a 10 year period and an annual maintenance cost of$5,000.00/year and an inflation rate of 3%the projected maintenance cost in today's dollars is: $5,000.00 (8.53)P/A=Present Sum of$42,650.00 Alternative No 1, paving of Muhlenhardt Road has an estimated cost of$75,000.00. It is proposed for the City to pay 50% of this cost of$37,500.00 due to maintenance costs savings. Comparing the maintenance costs for Muhlenhardt Road from County Road 16 to Horizon Drive as an aggregate surfaced street versus a bituminous surfaced street would ' be as follows: • Bituminous Pavement Maintenance for 20 years • Street Length 2,200 Feet • Street Pavement Width-28 Feet • 3%Per Year Inflation Rate 1 Year 7 - Seal Coat @ $3,136.00 Year 14 - Seal Coat @$3,857.00 Year 20 -Bituminous Overlay @$36,122.00 Annual Cost for 20 Years of Bituminous Pavement Maintenance in Present Worth=$1,978.00 ' Aggregate Surface (1999 Dollars)-Bituminous Surface (1999 Dollars) $5,000.00- $2,000.00 = $3,000.00/Year 20 Years x$3,000.00/Year = $60,000.00 (Maintenance Cost Savings by Paving Muhlenhardt Road) ' A13 1 I CITY OF SHAKOPEE 24 Hour Traffic Volume Report I f NORTH DATE PREPARED: 6-15-98 276 1 K 1 Z O v McGUIRE CIRCLE I 152 1!t 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 A14 ' APPENDIX B SOIL REPORT 1 1 1 1 1 1 1 1 1 } Geotechnical Services ALLIED TEST DRILLING COMPANY A D Commercial,Residential 4000 Beau D'Rue Drive, Eagan, MN 55122 (612)452-6913 Municipal, DHUD 1 1 SUBGRADE EXPLORATION FOR MUHLENHARDT ROAD AND McGUIRE CIRCLE ROADWAY RECONSTRUCTION SHAKOPEE, MINNESOTA iAffied Project No. 99005 January 20th, 1999 i INTRODUCTION ' This report presents the results of subgrade exploration work performed by our firm for reconstruction of Muhlenhardt Road from McGuire Circle to County Road 16 in the City of Shakopee, Minnesota. The purpose of our work was to provide information regarding existing conditions and engineering recommendations for subgrade preparation and the design of the pavement sections. Our work was requested and authorized by Mr. Ray Ruuska of the City of Shakopee by acceptance of our proposal for subgrade exploration dated January 11th, 1999. A total of five Standard Penetration Test, (SPT), borings were put down in the existing roadways to depths of 6.5 feet. The results of the drilling work are presented in this report ' 1 1 SUBGRADE EXPLORATION MUHLENHARDT RD and McGUIRE CIRCLE SHAKOPEE, MINNESOTA ALLIED No. 99005 JANUARY 20th, 1999 together with our engineering recommendations for subgrade preparation and for the design of the ' pavements. ' BORING LOCATIONS AND ELEVATIONS The borings locations were selected and staked in the field by city personnel. The surface ' elevations and approximate stationing of the boring locations were not provided to us for use in preparing this report. We understand that the alignment and surface elevation of the roadways will not be changed significantly. The depths shown on the boring logs are with respect to the ground surface at the time of drilling work. ' FIELD EXPLORATION The drilling and sampling operations were performed in accordance with ASTM: D 1586- 84, "Standard Method for Penetration Test and Split-Barrel Sampling of Soils". Using this procedure, a 2" O.D. Split Barrel sampler is driven into the soil by a 140 pound weight dropping a distance of 30 inches. After an initial set of 6 inches the number of blows required to drive the sampler an additional 12 inches is known as the standard penetration resistance or "N" value. The N value provides an indication of the relative density of cohesionless soils or of the consistency of cohesive soils. i As the samples were obtained in the field, they were visually and manually classified. ' Representative portions of the samples were then sealed in clean, glass, soil jars and returned to the laboratory for further examination and for verification of the field classification. Logs of the ' test borings indicating the depth and identification of the various strata, soil classifications and the results of water level checks are included in the appendix to this report. In addition to the USCS 2 1 r SUBGRADE EXPLORATION MUHLENHARDT RD and McGUIRE CIRCLE SHAKOPEE, MINNESOTA ALLIED No. 99005 JANUARY 20th, 1999 classifications, recovered samples, which would comprise the subgrade, were also classified ' according to AASHTO M145, "Classification of Soils for Highway Construction Purposes". ' SUBSURFACE CONDITIONS Borings B-1 and 2 were put down in Muhlenhardt Road between McGuire Circle and rCounty Road 16. At these locations a surficial base course layer of crushed limestone was present r on the unpaved roadway. The base course layer at B-1 and 2 was measured at 8 and 5 inches in thickness. The limestone surfacing was underlain in borings B-1 and 2 by fine grained sand to the termination depths of the borings. This fine grained sand would be considered AASHTO A-3 material based on the visual and manual classification. Borings B-3, 4 and 5 were drilled along the McGuire Circle right-of-way. At these ' locations, bituminous pavements were present and ranged in thickness from 1.75 inches at B-3 and 15 4 to 3 inches at B- ).3The Pavement surface at these locations was underlain by a crushed limestone base course layer which ranged in thickness from 12 inches in B-3 to 2.5 inches at B-5. A fine grained silty sand fill layer was present in B-3 from 13.75 inches to 4.5 feet. The pavements, rcrushed limestone and fill materials were underlain in B-3 through 4 by sandy lean clay material to the 6.5 foot termination depths. These lean clay materials would be considered AASHTO A-6 rsoils based on the visual classifications rGroundwater was not encountered in the borings as indicated by a lack of standing water in the hollow-stem auger cased and open bore holes upon completion and the condition of the recovered soil samples. Groundwater levels should be expected to change both seasonally and annually with changes in runoff and precipitation patterns in the local area. The complete results of the field exploration including the results of the water level checks are shown on the boring r 3 r SUBGRADE EXPLORATION ' MUHLENHARDT RD and McGUIRE CIRCLE SHAKOPEE, MINNESOTA ALLIED No. 99005 ' JANUARY 20th, 1999 logs which are included in the appendix to this report. The depth of individual layers of soil may vary somewhat due to unsampled intervals and the occurrence of natural transitions between the soil strata. CONCLUSIONS AND RECOMMENDATIONS The results of our work indicate that conditions are generally favorable for the construction of the flexible bituminous pavement systems. The subgrade preparation work and the design of the pavement section should take into account the nature of the subgrade conditions. The most ' important zone for the support of the pavements would be the upper three feet. The fine grained sands encountered in borings B-1 and 2 along Muhlenhardt Road would be classified as AASHTO ' A-3 materials. These soils would be considered excellent to good subgrade materials. The results of our work indicate that an R-value of 70 would be appropriate for a subgrade constructed of the ' relatively clean, on-site, sands. Along McGuire Circle, lean clay materials were encountered beneath the existing pavement and base course layers. These AASHTO A-6 materials would be considered fair to poor, though ' common, subgrade soils. In our judgement, an R-value of 12 would be appropriate for the design of the pavement section where the lean clay soils are present in the upper three feet of the rprepared subgrade. ' The estimation of the stabilometer R-values is based on the visual classification, the results of the laboratory tests and experience with similar soils and may be used with confidence in the design of the bituminous pavements. 1 4 t 1 . I SUBGRADE EXPLORATION I MUHLENHARDT RD and McGUIRE CIRCLE SHAKOPEE, MINNESOTA ALLIED No. 99005 1 JANUARY 20th, 1999 We recommend that the prepared subgrade be observed by an experienced soil engineer 1 or technician during construction and that a number of hand auger borings be put down to aid in judging the suitability of the underlying subgrade prior to the placement of additional aggregate 1 base or pavement. Where unsuitable materials or conditions are encountered, additional excavation and controlled refilling may be indicated. I 1 The MnDOT Road Design Manual indicates that the minimum granular equivalent, (G.E.), for a light traffic 7 ton design would be 10 inches. In our opinion, the final design for the roadway I should supply at least this minimum recommended granular equivalent where the subgrade will consist of the AASHTO A-3 sands. A pavement section consisting of 2 inches of plant mixed I bituminous surface, (Mn/Dot 2341 or 1361), 1.5 inches of plant mixed bituminous binder or base, (Mn/Dot 2331), and 3 inches of class 5 aggregate base, (Mn/Dot 3138). This section would I provide a G.E. of 10.5 inches which would provide the recommended minimum granular equivalent. I Where the AASHTO A-6 lean clay materials are present in the upper three feet of the Isubgrade a light traffic, (sigma N-18<110,000), design would require a minimum of 11.5 inches of granular equivalent. Increasing the minimum thickness of class 5 aggregate base would provide 1 a total G.E. of 11.5 inches. IIn using the R-value method for pavement design, it is essential that the subgrade be I constructed of uniform soil across the roadway section and compacted at a moisture content and to a density in accordance with MN/DOT spec. 2105 and be capable of passing test rolling in I accordance with MN/DOT 2111. This would require that a compaction criteria of 100% of the standard proctor density in the upper three feet of the prepared subgrade be used. Below the upper 5 1 I. 1 SUBGRADE EXPLORATION I MUHLENHARDT RD and McGUIRE CIRCLE SHAKOPEE, MINNESOTA ALLIED No. 99005 1 JANUARY 20th, 1999 three feet, 95% of the standard proctor density would be adequate. Conformance with the moisture, density and subgrade preparation requirements of MN/DOT 2105 should provide the necessary stability for proof rolling. Field density tests should be performed at a rate judged sufficient to represent the prepared subgrade as a whole. 111 STANDARD OF CARE The recommendations contained in this report are professional opinions. These opinions were arrived at in accordance with generally accepted engineering practices currently in use at this ' time and location. Other than this, no warranty is implied or intended. Soil samples obtained from the test borings will be retained in our office for a period of thirty days from the date of this report. After that time they will be discarded unless prior written instructions to the contrary are received. ALLIED TEST DRILLING COMPANY 1 , , .- Mike Roach, P.E. ' Soils Engineer I hereby certify that this plan, sped- fication, or report was prepared by me or \. ' under my direct supervision and that I am • a duly Registered Professional Engineer under the laws of the State of Minnesota. El ' Date,I-ZMI, Registration No. 21169 I ' 6 1 ALLIED TEST DRILLING COMPANY PROJECT NUMBER Muhlenhardt Road and McGuire Circle 99405 Shakopee,111innesota Sheet 1 of 1 IISURFACE ELEV LOG OF BORING8U W I z B-126 o 2 TEST Oa CONE PENETRATION-TONS/FT RESULTS W u] DESCRIPTION AND CLASSIFICATION pL MC LL AND OTHER a A z °" a v = OF MATERIALS X p 1 • N"VALUE-BLOWS PER FOOT REMARKS I 9 10 20 30 40 1 FA ,^ BASE COURSE:8"CRUSHED LIMESTONE,fine to ICOarSe grained with a little GRAVEL,light brown, 2 FA •AA^;.::.\frozen,(BASE COURSE/CRUSHED LIMESTONE) ' SAND,fine grained,brown,frozen to 1.9'then moist, . medium dense,(SP) 3 SS .^.„'•:. 2 Is.2.5= ^ r 4 SS • :•:, 5.0— 17 I - End of Test Boring at 6.5 Feet I 7.5= I - 10.0- 1 12.5^ ' 15.0— I - 17.5— _ 1 20.0— IWATER LEVEL CHECKS METHOD ASTM D:1586-84 DATE TIME SAMPLED TO CASING CAVE-IN WATER 3 1/4" HSA and 2" O.D. 1-15-99 10:15 Out 6.3 None Split-Barrel Sampler I STARTED COMPLETED 1/15/99 1/15/99 DRILLER RIG . DS CME-55 I DRAWN BY MR APPROVED MK I ALLIED TEST DRILLING COMPANY PROJECT Muhlenhardt Road and McGuire Circle NUMBER 99005 1 Shakopee,MMTinnesota Sheet 1 of 1 SURFACE ELEV LOG OF BORING 20 40 60 80 B-2 0 TEST x a al O CONE PENETRATION-TONS/FT 2 RESULTS 1 W DESCRIPTION AND CLASSIFICATION PL MC LL AND A 7� a 8 OF MATERIALS X 0 p OTHER 2 N"VALUE-BLOWS PER FOOT REMARKS I Q ca cn 10 20 30 40 1 FA ^�< BASE COURSE:5"CRUSHED LIMESTONE,fine to I "/ 2 FA "Acoarse grained with a little GRAVEL,light brown, ^, : frozen,(BASE COURSE/CRUSHED LIMESTONE) J ,^ ••• SAND,fine grained,brown,frozen to 2.2'then moist, • medium dense,(SP) 3 SS • • 4 SS ^^'. 18 5.0- I - . • End of Test Boring at 6.5 Feet I 7.5 I 10.0 I 1 12.5= 15.0- I = 111 17.5= 1 20.0- _ I WATER LEVEL CHECKS METHOD ASTM D:1586-84 DATE TIME SAMPLED TO CASING CAVE-IN WATER 3 1/4" HSA and 2" O.D. 1-15-99 10:30 Out 6.3 None Split-Barrel Sampler I STARTED 1/15/99 COMPLETED 1/15/99 DRILLER RIG • DS CME-55 DRAWN BY APPROVED tirc I ALLIED TEST DRILLING COMPANY PROJECT Muhlenhardt Road and McGuire Circle NUMBER 99005 Shakopee,Minnesota Sheet 1 of 1 LOG OF BORING ' 1 SURFACE ELEV 20 40 60 80 B-3 o 2 TEST W CONE PENETRATION-TONS/FT RESULTS zg ,.. aG S DESCRIPTION AND CLASSIFICATION PL MC LL AND a O x OF MATERIALS X 0 p OTHER A z N"VALUE-BLOWS PER FOOT REMARKS h t7 63 10 20 30 40 1 FA ..,\1.75"BITUMINOUS PAVEMENT / i - • BASE COURSE: 12"CRUSHED LIMESTONE,fine to • coarse gained with a little GRAVEL,light brown, 2 FA 1j frozen,(BASE COURSE/CRUSHED LIMESTONE) A^ • FILL:SILTY SAND,mostly fine grained, I 2.5— 3 SS ;AA.• reddish-brown,frozen to 3.3 feet then moist, "A (FILL/SM) • I I . • 4 SS SANDY LEAN CLAY,reddish-brown,moist,stiff, 11M 5.0— x// (CL) End of Test Boring at 6.5 Feet I 7.5= I 10.0— 12.5= I 15.0— _ I 17.5— _ I 20.0— -- I WATER LEVEL CHECKS METHOD ASTM D:1586-84 DATE TIME SAMPLED TO CASING CAVE-IN WATER 3 1/4" HSA and 2" O.D. 1-15-99 10:50 Out 6.1 None Split-Barrel Sampler I STARTED 1/15/99 COMPLETED 1/15/99 DRILLER RIG I . DS CME-55 DRAWN BY MR APPROVED 1iik ALLIED TEST DRILLING COMPANY PROJECT Muhlenhardt Road and McGuire Circle NUMBER 99005 I Shakopee, MinnesotaSheet 1 of 1 SURFACE ELEV LOG OF BORING 20 40 60 80 B-4 0 TEST tst I Z a p CONE PENETRATION-TONS/FT 2 RESULTS w w 0 DESCRIPTION AND CLASSIFICATION PL MC LL AND .a � .. A za 8 1 OF MATERIALS X ❑ A OTHER h N C7 N"VALUE-BLOWS PER FOOT KS 10 20 30 40 t FA ^.r\1.75"BITUMINOUS PAVEMENT / 2 FA‘."^A A BASE COURSE:5"CRUSHED LIMESTONE,mostly fine grained with a little GRAVEL,light brown,frozen, / ASE COURSE/CRUSHED LIMESTONE) 3 FA .^^%/ SANDY LEAN CLAY with a little GRAVEL, I 2.5_ 5 _ 4 SS ; ,% reddish-brown,frozen to 2.9 feet then moist,stiff,(CL) AA 5.0— 5 SS .^^� 18/3 ^^ - _ ^ End of Test Boring at 6.5 Feet 1 7.5= I - 10.0- I I 12.5= 15.0- 1 1 17.5= 20.0----- ' WATER LEVEL CHECKS METHOD ASTM D:1586-84 DATE TIME SAMPLED TO CASING CAVE-IN WATER 3 1/4" HSA and 2" U.D. 1-15-99 11:10 Out 6.3 None Split-Barrel Sampler STARTED COMPLETED 1/15/99 1/15/99 DRILLERRIGRIG CME-55 DRAWN BY APPROVED M Q I ALLIED TEST DRILLING COMPANY PROJECTMuhlenhardt Road and McGuire CircleI NUMBER 99005 Shakopee, Minnesota Sheet 1 of 1 SURFACE ELEV LOG OF BORING 20 40 60 80 B-5 0 TEST Idx r. a S CONE PENETRATION-TONS/FT 2 RESULTS W v DESCRIPTION AND CLASSIFICATION PL MC LL AND w a a 0 = OF MATERIALS X 0 p OTHER A z a g c) 2 REMARKS 1 .. t7 N"VALUE-BLOWS PER FOOT E3 10 20 30 40 73"BITUMINOUS PAVEMENT / 1 FA BASE COURSE:2.5"CRUSHED LIMESTONE,fine A 2 FA ^^,� to coarse grained with a little GRAVEL,brown,frozen, - ,AA/ ASE COURSE/CRUSHED LIMESTONE) ^ SANDY LEAN CLAY with a trace of GRAVEL, / 3 SS ,^ brown,frozen to 3 feet then moist,stiff,(CL) 2.5- A/ A1 A� 4 SS ; % 14 5.0- ^ - A� A 4A^A - End of Test Boring at 6.5 Feet I 7.5= I J 10.0- 1 I 12.5- I - 15.0- I = 17.5 1 = 20.0_--__ - IWATER LEVEL CHECKS METHOD ASTM D:1586-84 DATE TIME SAMPLED TO CASING CAVE-IN WATER 3 1/4" HSA and 2" O.D. 1-15-99 11:36 Out 6.1 None Split-Barrel Sampler I STARTED 1/15/99 COMPLETED 1/15/99 DRILLER RIG • DS CME-55 DRAWN BYMR APPROVED MQ ALLIED TEST DRILLING COMPANY GENERAL NOTES SAMPLING SYMBOT�S SS - 2" OD SPLIT - BARREL SAMPLE FA - FLIGHT AUGER SAMPLE • HA - HAND AUGER SAMPLE ST - 3" SHELBY TUBE SAMPLE 1 CONSISTANCY OF COHESIVE SOILS RELATIVE DENSITY OF GRANULAR SOILS N - BLOWS/FT CONSISTANCY N - .OWS/FT RELATIVE DENSITY 2 VERY SOFT 0 - 3 VERY LOOSE I2 - 4 SOFT 4 - 9 LOOSE 4 - 8 MEDIUM 10 - 29 MEDIUM 8 - 15 STIFF 30 - 49 DENSE 15 - 30 VERY STIFF 50 - 80 VERY DENSE 30 HARD >80 EXTREMELY DENSE CONSISTANCY OF COHESIVE SOILS ' UNCONFINED COMPR. ,STRPNI TH, Qu, TSF CONSTSTANCY ' <0.25 VERY SOFT 0.25 - 0.49 SOFT I 0.50 - 0.99 MEDIUM 1.00 - 1.99 STIFF 2.00 - 3.99 VERY STIFF I 4.00 - 8.00 HARD >8.00 VERY HARD I DESCRIPTIVE TERMINOLOGY - C'OTiESTONLESS COMPONENTS ICOMPONENT SIZE RANGE TERM % BY WEIGHT BOULDERS OVER 8" TRACE 1 - 5 ICOBBLES 8" - 3" WITH A LITTLE 5 - 15 GRAVEL 3" - #4 SIEVE WITH 15 - 30 SAND #4 - #200 SIEVE SANDY/GRAVELLY >30 ' ALLIED TEST DRILLING COMPANY , SOIL CLASSIFICATIONS SYSTEMS I Unified Soil Classification ASTM: D 2488 - 84 I Group Major Divisions Symbol Typical Group Names ICOARSE- GRAVELS Clean Gravels GW Well graded gravels,Well graded gravel with sand'. GRAINED SOILS <5%passing More than 50% No. 200 sieve GP Poorly-graded gravel, Poorly graded gravel with sand'. IMore than 50% of coarse retained on the fraction retained Gravel w/fines GM Silty gravel,Silty gravel with sand'. No. 200 sieve. on No. 4 sieve. >12%passing No. 200 sieve GC Clayey gravel, Clayey gravel with sand'. ISANDS Clean Sands SW Well graded sand,Well graded sand with gravel.** <5% passing 50% or more of No. 200 sieve SP Poorly graded sand, Poorly graded sand with gravel. ** I coarse fraction passes No. 4 Sands with fines SM Silty sand, Silty sand with gravel. ** sieve. >12 % passing No. 200 sieve SC Clayey sand, Clayey sand with gravel. ** IFINE-GRAINED SILTS AND CLAYS ML Silt, Silt with sand", Sandy silt". SOILS Liquid Limit less than 50. CL Lean clay, Lean clay with sand', Sandy lean clays". I Cohesive soils _ OL Organic silt,Organic clay. 50% or more SILTS AND CLAYS MH Elastic silt, Elastic silt with sand", Sandy elastic silt". passes the No. I200 sieve. Liquid Limit more than 50 CH Fat clay, Fat clay with sand#. OH Organic clay.Organic silt. IHIGHLY ORGANIC SOILS PT Peat. Boundary classifications are designated by dual group symbols. For example(SP-SM), Poorly graded sand with silt. *-More than 15% sand, **-More than 15% gravel. iJ- 15% to 30% retained on No 200 Sieve, ##-More than 30% retained on No 200 sieve I AASHTO Soil Classification System IGranular Materials Silt Clay Materials ( > (35% or less passing No. 200 sieve) >35% passing No 200) A-1 A-3 A-2 A-4 A-5 A-6 A-7 A-8 IA-i-a A-1-b A-2-4 A-2-5 A-2-6 A-2-7 Sieve Analysis: % Passing No. 10 50 max INo. 40 30 max 50 max 51 min No. 200 15 max 2.5 max 10 max 35max 35max 35max 35max 36min 36min 36min 36min Characteristics of IFraction Passing No 40: liquid limit 40max 41min 40max 41min 40max 41min 40max 41min plastic limit 6 max NP 10max 10max I lmin I lmin 10max 10max 11min llmin IUsual Types of stone fragments fine peat,highly Significant Constituents gravel and sand sand silty or clayey ravel and sand silty soils clayey soils organic soils General Subgrade Rating • excellent to good fair to poor unsatisfactory /s. ,3. Z CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Authorizing the Preparation of Feasibility Reports for Vierling Drive, from C.R. 15 to West Plat Line of Orchard Park West; and Gorman Street, from 4th Avenue to C.R. 17 DATE: March 16, 1999 INTRODUCTION: Attached are Resolution No.'s 5083 and 5084, which orders the preparation of a feasibility report for improvements to Vierling Drive, from County Road (C.R.) 15 to west plat line of Orchard Park West; and Gorman Street, from 4th Avenue to C.R. 17. BACKGROUND: In the 1999 Capital Improvement Program (CIP), a street reconstruction project on Gorman Street and the construction of a street collector on Vierling Drive were included for consideration in 1999. Attached to this memo are the individual CIP project worksheets which describes the project and project costs. For the Gorman Street Reconstruction, this project includes the installation of a trunk watermain, sanitary sewer and storm sewer upgrades with a reconstructed street, curb & gutter, sidewalk and bituminous trail. This project was proposed in 1996 and was not approved due to lack of support from the adjacent property owners at the public hearing and cost to the City taxpayer. Recently, a new apartment complex is under construction and staff has received letters of support from the property owners on the east side of Gorman Street. These letters are attached for Council review. The City of Shakopee has land adjacent to Gorman Street with the Shakopee Public Utility site and Police and Public Works site. From the 1996 feasibility report, the project cost was estimated to be $400,000.00, of which the City would fund approximately$195,000.00 of this project. Gorman Street is the old C.R. 17 roadway in which the County has turned back this road for City maintenance and operation. The roadway has not been improved in over 30 years and is in a deteriorated state with many potholes and break-ups and very poor drainage along the street. With this improvement project, the City is considering installing sanitary sewer replacement, new 12 inch watermain for Shakopee Public Utilities Commission, storm sewer catch basins and piping and total street reconstruction with sidewalk and trail on either side of the roadway along with street lighting, per the City's policy. The requested action is for the City Council to authorize the preparation of a feasibility report in which staff would update the 1996 feasibility report. For the Vierling Drive improvement project, from C.R. 15 to the west plat line of Orchard Park West, this project was considered in a 1998 feasibility report. With this project, there are only two property owners affected, the City of Shakopee and Cal Haaskens who owns approximately 24 acres. The completion of this segment of Vierling Drive would complete Vierling Drive, from Taylor Street to C.R. 16. At this time, Mr. Haaskens has indicated that he does not want to proceed with the project due to the residential moratorium and he does not have a development plan. This project has an estimated total cost of $568,000.00. The City would have an assessment of $207,000.00 for the roadway adjacent to Lion's Park, and would responsible for$168,000.00 for trunk storm water facilities. Staff would recommend that this project not be developed for another year and reconsidered for next year after the moratorium is removed and comprehensive plan complete and approved. ALTERNATIVES: 1. Adopt Resolution No. 5083, a resolution ordering the preparation of a report on an improvement to Gorman Street, from 4th Avenue to County Road 17. 2. Deny Resolution No. 5083. 3. Adopt Resolution No. 5084, ordering the preparation of a report on an improvement to Vierling Drive, from C.R. 15 to the west plat line of Orchard Park West. 4. Deny Resolution No. 5084. 5. Do not consider ordering the preparation of a report for Vierling Drive at this time. 6. Table for additional information. RECOMMENDATIONS: Staff recommends Alternative No. 1 and Alternative No. 5, to authorize the preparation of a feasibility report for Gorman Street improvements but not for the extension of Vierling Drive. ACTION REQUESTED: 1. Offer Resolution No. 5083, A Resolution Ordering the Preparation of a Report on an Improvement to Gorman Street, from 4th Avenue to County Road 17 and move its adoption. 2. Approve a motion to not consider ordering the preparation of a report for Vierling Drive improvements, from County Road 15 to the west plat line of Orchard Park West. Bruce Loney Public Works Director BL/pmp MEM5083 L8-L W D • o ! -I co cocntncngcnoG» --Ic) G) m m - 0rx W0 .�..... ���ca 0 X 0 0 7 7 7 .. a 7 R X -' N o O O. O y - 7 fl/:fr � iu Si tii v, cFi, � � Si �-' m < boa Y'!. [E m vo� � � y DoIII c� = gym m ac t`: 17� '� cnv� � � a^ mco �hot c3coOc� �i nE7� a) a) c c 9- (1 'v = = m �� i-- ......,=,..,,___ > > > ac3 u...y C o,• 'aaac. r Cn -0: IF__ IF lir b. , , . .,_. 0 12 IF Pi ! I &iI[i , MR o W W Ol N COCCO O O y k E2 5R !;: i ` 0 0 a o""c) 0 0 0 1 '' O O 000 as 0 r;. o n: I � IF ...,,. C n N n Oli- O O O n Entn CO � 0 ? EC 13 aC m = -... c_n ua o fiT 'Ll t y co ? a- o 2 r m 4. fD _ <D O • c03 oCD m .3O - -O« O O ea o * o �- I-. Ti a 3 > 0 m 10m r: 0 cn c-n- o d 0 c c o �' = a '0 <rn D) < o m a 2� N y �1 (D cu y 7 a N a .+ U1 •c 0. Er ao N y EA O O '0 D) N O 0 ma: (CD O. O "" D) (D P O O • O O O . N y .G co im+ -O O O O w M co 3 0 a3 N o N C N 0 69 if -,a co ' ' o Ir O .. S8-L W D -0 oxo = > > 2 XI ara� co R x � > > 0ro' v o = � 2 i I ai !JDHUJ ■:..-. �� CD > 2 — .A .Ellia, NI _ w m -1 c 3> > •Z a = o :5w ALVAN Em 0., 9- mi. 9- 9. urn � o . oh. 1 lip ®nuraiC CD y "0 RO iiii al C) Qw N O. W a, 0s< v�', 1m. N O co Cm_0 _OND O Co O CO 7 M % 7 �■ I -'I O p b O 0 0 O y _ m 0 0 O O O O O O eE= 1 00 00 O 2 rN yr�� � VI o o •1 �•M N r , in O � C) o co o c a N 0 3> m m cu c c N D n co Cu al N y 0 t<D o O 3 d N 7 • O� co al cD 3 y 0) ii 11 cm Q p C v o o 3 3N O n o O y N co Fp0 o *0 = -I [ a o CQ N N CD M O p . i kr c P1/4- y W CD3 tG N 03 C) a o - o co i 5" k.0. sv r m cn co co I . o a ccDD CCD N 0 [.N0 40 .? t 00 1 I b O I C S CITIZENS STATE BANK B4OF SHAKOPEE 1100 EAST 4TH AVENUE P.O.BOX 339 SHAKOPEE, MINNESOTA :a 9-0339 PHONE(612)445-8200 FAX(612)445-3226 O February 2, 1999 Mr. Bruce Loney FF 0 Public Works Director C> 44 City of Shakopee 129 Holmes Street S DiC` Shakopee, Mn 55379-1351 s,y 7-94- 0 AFF Dear Bruce: •• Thank you for your phone call indicating that a project is intended for Gorman Street to include curb, gutter, side walk, water main, storm sewer and road improvements. We have always supported and would like to see this project completed this spring for several reasons. 1) At the end of our drive-up exit during the summer and winter a large amount of water collects. This is potentially dangerous to vehicles due to wet brakes and an inconvenience. 2) At times driving on Gorman Street requires slowing down and driving around numerous pot holes. This is dangerous to the pedestrians and to the oncoming vehicles that have to move out of the way. The new apartment building will certainly bring more traffic volume of all kinds. 3) The Bank building has paid substantial taxes over the years and we were disappointed that when these same improvements were done for the public utilities and police department no consideration was given to a tax payer regarding the drive- up exit ponding problem. One of the responses to our inquiry was that no one came down to support the project. Since the project was in the schedule we were told that we did not have to do anything. 4) It seems to me that the City Police and Public Utilities would want there access roads to be par with other city streets. With the increasing traffic flow on Marschall Road and Eagle Creek Boulevard more traffic would use Gorman Street with the completion of these improvements. If this project is not done this year we would ask that the City of Shakopee complete what ever is necessary to provide the Bank with the same egress as others so our customers and property owner do not have to drive through standing water. Sincerely, �CITIZENS ��SfT�ATEBANK OF SHAKOPEE C Brian M. Norris President The Community's Choice H.J. DEVELOPMENT, L.L.P. COMMERCIAL REAL ESTATE MANAGEMENT AND DEVELOPMENT March 3, 1999 Mr. Bruce Loney—Director of Public Works Shakopee City Hall 129 Holmes Street South Shakopee,MN 55379 Re: Proposed Utility and Street Improvements for Gorman Street west of Marschall Road Dear Mr. Loney and City Council, Shakopee '84 Partnership has been advised the City is considering installing water and storm sewer utilities along with new street improvements including new asphalt,curb and gutter on Gorham Street west of Marschall Road. As the owner of two properties on the north side of Gorham west of Marschall, I want to advise the City that our partnership is in full support of the proposal. Very Sincerely Yours, tiglPZ '- 41 Jerry Hertel Managing Partner Shakopee '84 Partnership,LLP Tel. 651-698-0044 Post Office Box 110 • Delano, Minnesota 55328 (612) 498-7616 • Fax (612) 498-7152 03/10,99 WED 16:26 FAX 2188345108 Piper Jaffray Z1002 • March 10th, 1999 Mr. Bruce Loney City of Shakopee Shakopee, MN Re: Proposed Gorman street improvements Dear Bruce: The partners of the Century Plaza Partnership are supportive of the planned improvements to Gorman street. Sincerely, Rog A. Norris Property Manager Century Plaza Partnership RESOLUTION NO. 5083 A Resolution Ordering The Preparation Of A Report On An Improvement To Gorman Street, From 4th Avenue To County Road 17 WHEREAS, it is proposed to improve Gorman Street, from 4th Avenue to County Road 17 by installation of sanitary sewer, watermain, storm sewer, street reconstruction, sidewalk, bituminous trail, street lighting and any appurtenant work and to assess the benefited property for all or a portion of the cost of the improvement,pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5084 A Resolution Ordering The Preparation Of A Report On An Improvement To Vierling Drive, From County Road 15 To The West Plat Line of Orchard Park West WHEREAS, it is proposed to improve Vierling Drive, from County Road 15 to the west plat line of Orchard Park West by street construction, bituminous paving, curb & gutter, sidewalk, bituminous trail, storm sewer, box culvert, street lighting and any appurtenant work and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement,and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE r- Memorandum CONSENT TO: Mayor&City Council Mark McNeill, City Administrator FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Southbridge 3rd Addition Wetland Replacement DATE: March 16, 1999 INTRODUCTION: Shakopee Crossings Limited Partnership has submitted a Wetland Replacement Plan application. Staff has reviewed the application, has requested an evaluation by the Technical Evaluation Panel (TEP), and has provided public notice as required by law. The replacement plan must be acted on by the City Council in their roll as the Local Government Unit (LGU) for the Wetlands Conservation Act (WCA) of 1991, as amended. Attached for Council consideration is Resolution No. 5085, a resolution approving a Wetland Replacement Plan for Shakopee Crossings Limited Partnership BACKGROUND: The Wetland Replacement Plan, as proposed by Valley Green Business Park Limited Partnership, would fill in approximately .06 acre of wetland. These impacted wetlands are proposed to be replaced by constructing 1.5 acres of replacement. The City has requested a review of the plan by the TEP which consists of a City staff member, a representative from the Soil and Water Conservation District (SWCD), and representative from the State Board of Soil and Water Resources (BWSR). This TEP is established by the WCA, with the purpose of providing a professional, technical review of wetland issues to the City Council. The TEP has reviewed the replacement plan and is recommending approval of the plan, with revisions. Attached is a copy of the letter sent by the TEP, describing the recommended revisions. The Wetland Replacement Plan is being proposed to accommodate the development of Southbridge 3rd Addition. The applicant's engineer has submitted revised drawings which have incorporated the TEP's recommended revisions. ALTERNATIVES: 1. Adopt Resolution No. 5085. 2. Deny Resolution No. 5085. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5085, A Resolution Approving a Wetland Replacement Plan for Shakopee Crossings Limited Partnership and move its adoption. Joel Rutherford Assistant City Engineer JAR/pmp MEM5085 SCOTT SOIL AND WATER 107 WATER STREET CONSERVATION DISTRICT JORDAN,MN. 55352 PHONE 612-492-2636 February 18, 1999 To: Bruce Loney, P. E. Public Works Director City of Shakopee 129 Holmes Street South Shakopee, MN. 55379-1351 From: Technical Evaluation Panel (TEP) Doug Snyder, Board of Water and Soil Resources(BWSR) Joel Rutherford, City of Shakopee Peter J. Beckius, Scott Soil and Water Conservation District (SWCD) RE: Review of the Southbridge 3rd Addition subdivision submitted by Shakopee Crossings LTD. for compliance with the Wetland Conservation Act The TEP for the Wetland Conservation Act has completed a review of the Southbridge 3rd Addition subdivision wetland replacement plan application. The following comments and/or suggestions are submitted for your consideration: • The proposed wetland replacement for wetland #1 appears to be satisfactory and compliant with the procedures set forth by the Wetland Conservation Act. • Impacts to wetland#2 appear to be avoidable as described in the sequencing narrative accompanying the wetland replacement plan. The one fire turn around could be eliminated without posing a threat to health and safety. If it is determined that the removal of this turn around does not meet City code the TEP recommends that the developer consider constructing a retaining wall structure to protect the wetland from fill activities. • The TEP feels there is the potential for the loss of hydrology to wetland #2 and the proposed replacement wetland contiguous to wetland#2. The changes to the drainage area contributing to wetland #2 should be reviewed by the City. If it is determined that wetland does not have enough drainage area to support wetland hydrology, the developer will need to consider other options for replacement. Stormwater could be directed to the created wetland. Provisions to protect wetland#2 from direct stormwater discharge, by incorporating pre-treatment into the design(two cell pond), will be needed. cc: Dennis Saari, William R. Engelhardt Associates RESOLUTION NO. 5085 A Resolution Approving A Wetland Replacement Plan For Shakopee Crossings Limited Partnership WHEREAS, the City has received a Wetland Replacement Plan from Shakopee Crossings Limited Partnership for Southbridge 3rd Addition; and WHEREAS, the Technical Evaluation Panel (TEP) has recommended revisions to the Wetland Replacement plan to reduce the proposed impacts to the wetlands on the site; and WHEREAS, the applicant has demonstrated that the proposed Wetland Replacement Plan, as revised by the TEP, compiles with Minn. Rules Parts 8420.0540 and 8420.0550; and WHEREAS, all interested parties on file in the office of the City Engineer or identified in Minn. Rule 8420.0230 have been mailed notice of the proposed Wetland Replacement Plan; and WHEREAS, the TEP reviewed the proposed Replacement Plan, as revised, and considered the public values, location, size and type of wetland being altered and recommended approval of the revised Wetland Replacement Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Based on the replacement standards in Minn. Rules Parts 8420.0630, and on the recommendation of the Technical Evaluation Panel, the Wetland Replacement Plan, as revised, is hereby approved. 2. Approval of this revised Wetland Replacement Plan shall become effective upon its adoption. 3. A copy of this decision shall be mailed to all interested parties and to the applicant. Adopted in session of the City Council of the City of Shakopee, 1 Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk / 8L/ CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Acceptance of Resignation- Howard Heller and Authorize the Hiring for a Public Works Maintenance Worker DATE: March 16, 1999 INTRODUCTION: Council is asked to accept the resignation of Howard Heller, Maintenance Worker, effective March 31, 1999 and to authorize the hiring of a Maintenance Worker to replace Mr. Heller. BACKGROUND: Attached is a letter of resignation from Howard Heller indicating he will be retiring from the Public Works Department. Mr. Heller began his employment with the City on January 1, 1971 as a Maintenance Worker. Mr. Heller has served the City well over the years and will be truly missed for his knowledge of the City and his experience particularly in the parks system. Staff is requesting authorization to hire a Maintenance Worker to fill the vacancy left by Mr. Heller's retirement. An official resolution of appreciation will be prepared and presented at a later Council meeting. RECOMMENDATION: Staff recommends that Mr. Heller's resignation be accepted with regrets and staff be authorized to advertise to hire a Maintenance Worker to fill the vacancy. ACTION REQUESTED: 1. Make a motion to accept the resignation, with regrets, of Howard Heller from the Public Works Department of the City of Shakopee effective March 31, 1999. 2. Make a motion authorizing the appropriate City staff to utilize Scott County personnel in the hiring of a Maintenance Worker for the Public Works Department. dy ,/ Bruce Loney Public Works Director BL/pmp RESIGN Plaizch 76, 7999 Plaid( Pl cNe-ill City o/ Shakopee 729 S. Ho.emes Street Shakopee, 8N 55379 ,4z you know, I have teen thinking a.e.out 2etiiz.ing. I have looked .into th.iz and was told that I have .to give .two weeks notice. So, az o/ today, Tuesday, PlaJzch 76, 7999 I am not.i4y.ing you that Nednezday, Plai ch 31, 1999 will Le my last day o/ woizk. S-incerely, )1turtJ d 2 /Lowa2d C. Kellet 5". e , CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Approval of Dean Lake Bypass Channel Plans and Acceptance of Quote DATE: March 16, 1999 INTRODUCTION: Council is being asked to approve the Dean Lake Bypass Channel plans and to consider accepting the low quote submitted to construct the channel. Also, Council is being requested to authorize payment for an easement for this channel to Norman Shutrop. BACKGROUND: Within the Southbridge Parkway Project and Southbridge Development, a diversion of flow from the Prior Lake - Spring Lake Watershed District (PLSLWD) channel around Dean Lake was included in the feasibility report and into the Southbridge Parkway Project. This work consisted of oversizing storm sewer pipe and the construction of a channel from the PLSLWD channel to the control structure near Southbridge Parkway. An agreement to construct this storm water improvement and cost sharing arrangement between the Lower Minnesota River Watershed District (LMRWD), PLSLWD and the City of Shakopee was approved by Council on December 1, 1998. The developers also were assessed for their portion of the Dean Lake Bypass costs. The project has been designed and all permits obtained to construct the channel. Storm sewer pipes and control structure were installed with the Southbridge Parkway Project. A letter is attached from Pete Willenbring of WSB & Assoc., Inc. on the status of the project and recommendations. To construct this channel, the excavation material cannot be deposited along the channel but must be deposited in upland areas. Staff has contacted the Scott County Highway Department and they are interested in the excavation material to "line" a pond along County State Aid Highway 18, and other County purposes in this area. By the County utilizing the excavation material, this reduces the cost of the project and utilize the material for a public purpose. It is proposed to stockpile the excavation material near the end of Southbridge Parkway until the County can remove the material. The plans were completed by WSB &Assoc.,permits have been obtained with a right-of- entry signed by Norm Shutrop and quotes received for the channel excavation based on 3,100 cubic yards of excavation as follows: • Chard Tiling &Excavation $18,250.00 • Enebak(verbal& quote good until Feb. 15) $18,600.00 • S.M. Hentges & Sons $41,116.77 Chard Tiling & Excavating has submitted the low quote and could do the work from March 17 to March 19, 1999 before the frost goes out. The Engineer's estimate to construct this channel was $40,000.00 and the overall Dean Lake Bypass improvement was estimated at $200,000.00, including engineering and administration costs. By constructing the channel with the low quote received, the overall costs of the Dean Lake Bypass will be reduced. Also associated with this project is the purchase of an easement from Norm Shutrop. Mr. Shutrop was paid $3,000.00 per acre for an easement recently from the Prior Lake - Spring Lake Watershed District for channel improvements, and staff is recommending purchasing the easement at $3,000.00/acre. The estimated area of the easement is .6 acres and the estimated cost of easement acquisition is $1,800.00. Payment of the easement will be the actual area times the price of$3,000.00 per acre. ALTERNATIVES: 1. Make a motion to approve the Dean Lake Bypass channel plans and accept the low quote submitted by Chard Tiling and Excavating, Inc. of Belle Plaine. 2. Do not approve plans and quote to Chard Tiling and Excavating. 3. Authorize payment for a drainage easement from Norman Shutrop based on a price of $3,000.00 per acre. 4. Do not authorize payment for easement. 5. Table for additional information. ACTION REQUESTED: 1. Make a motion to approve the Dean Lake Bypass channel plans and accept the low quote submitted by Chard Tiling and Excavating, Inc. of Belle Plaine. 2. Authorize payment for a drainage easement from Norman Shutrop based on a price of $3,000.00 per acre. t `-' ruce Loney Public Works D ctor BL/pmp CHANNEL MAR-16-1999 16:00 ISE & ASSOCIATES INC. 6125411700 P.02/03 B.A.Mittelstadt,RE. 350 Westwood Lake Office Bret A.Weiss,P.E. 8441 Wayzata Boulevard Peter B..Willenbcing,P.E. • MB Minneapolis, MN 55426 Donald W.Sterns,P.E. Ronald B.Bray,P.E. 612-541-400 &Associates, Inc. FAX 541-1700 March 16, 1999 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Excavation of Dean's Lake Bypass Ditch WSB Project No. 1084.01 Dear Bruce: As a follow-up to complete work associated with the Dean's Lake Bypass Ditch construction, please be advised that we have received cost estimates to complete this work from three contractors. These contractors include S.M.Hentges,Enebak Construction, and Chard Tiling and Excavating, Inc. The work consists of constructing a ditch with a bottom width of five feet (5'),a depth of four feet(4'),three to one side slopes, and a length of 1,400 feet. For purpose of bidding this project, it was estimated that 3,100 cubic yards of material would be excavated from this ditch cross section. This work is to be completed on City property with the exception of the southerly 250 lineal feet of ditch which is located on Norman Shutrop's property. Mr. Shutrop has signed the attached Right of Entry which will allow us to construct the ditch on his property, and also indicates he intends to grant a future easement 50 feet either side of the center line of the ditch over its length of approximately 250 feet. It is also noted that Mr. Shutrop would agree to provide this easement covering the area of approximately .6 acres for a cost of$3,000/acre. This is the same compensation he received from the Watershed District when they recently acquired an easement to dredge an area near the inlet of Dean's Lake. The bids from S.M. Hentges,Enebak Construction,and Chard Tiling and Excavating, Inc.,were $11.17 per cubic yard, $6.00 per cubic yard, and$5.00 per cubic yard respectively. Based on 3,100 cubic yards of material being removed,the cost for excavating the ditch would be $15,500, if the Chard Tiling and Excavating,Inc.,bid is accepted. It is noted that the cost for the work will be based on the actual amount of material excavated. There may also be some additional costs, up to perhaps$2,000,which may be associated with establishing cover over the disturbed areas and$750 for mobilization. Based on our review of the work associated with this project, we do not believe that the total cost associated with this work would exceed$25,000. Minneapolis • St . Cloud Infrastructure Engineers Planners F,\WPwrM10114 01401119941 wpd EQUAL OPPORTUNITY EMPLOYER MAR-16-1999 16:00 IdSB & ASSOCIATES INC. 6125411700 P.03/03 Based on the above information, we recommend that the bid from Chard Tiling and Excavating, Inc., be accepted and the Contractor be directed to begin work as soon as possible. All necessary permits have been obtained,the estimate is substantially below the$8.00 per cubic yard estimate the Engineer prepared for the project work, and if this work is not started immediately,the frost will go out of the ground in this area and work will need to be delayed until next winter. Funding for this project is being shared by the Lower Minnesota River Watershed District,the Prior Lake/Spring Lake Watershed District,the City of Shakopee and the Valley Green Business Park. We find the project feasible, and recommend award of the contract to Chard Tiling and Excavating,Inc.,based on their bid of$5.00 per cubic yard and for a total contract amount not to exceed$25,000. Sincerely, SB&Associates, Inc. Peter R. Willenbring,P.E. Vice President cp TOTAL P.03 RIGHT OF ENTRY The undersigned fee owner of the land shown on the attached figure, does hereby consent and grant onto the City of Shakopee, it's agents and assigns, the right to enter upon his property for the purpose of constructing a drainage ditch. This ditch will be constructed to have a bottom width of approximately five feet(5'), a top width of approximately 30 feet, and a length of approximately 250 feet. It is understood that the City of Shakopee, and/or it's assigns, shall assume the responsibility of performing this work in such a manner as to protect Mr. Shutrip from losing any benefits or compensation he is currently receiving relative to maintaining a buffer strip along either side of the ditch that is presently running across his property into Dean's Lake. It is further understood that the grant undersigned fee owner will agreeto an easement having a width of 50 feet either side of the center line and a length of approximately 250 feet over the area proposed for ditch construction. It is estimated that this easement will encompass a total area of approximately .6 acres. Mr. Shutrip will be compensated in the amount of 3 t uo t,/ Acre. demos in return for dedication of this easement. Documentation regarding this easement shall be forwarded to Mr. Shutrip within 30 days of the date of this Right of Entry. This Right of Entry shall expire on June 1, 1999. 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NpZ ; � \\, 1 NG W\ __ z o \\� a8 x'i v 5-n = c F4 w 0 \ 515-W N i 1V-\ail!! 1I II fi', ie me ► • o_5' �C3" vi o ixLLoom..o F i zo ' . ,,,_,;.-1 5r5<W a a a •o JY Z � � Jzoa k rwo ow $ mNmiaQOv 55DD'./,.>^J4h0Da\mlmliy IIAR-12-99 FRI 08:34 AN CHARD TILING & EXC, ..:. ,.._;_-...:_•_,..:_,______ PAX NO, 612 496 0024 P. 02 ,:,...-4.• . . Page No. 4 : : .C11ARD TILING & EXCAVATING, INC. • ;:i•:' ' . ..' • RR 2 Box 200K • . — • . . IELLE:PLAINE, MN 56011 It. . • :f. . (612) 873-6152 .1:.. • - FAX•(612) 496-0024 • . . • ----------•--• 11 PHONE : 1 t)Aji 2/99. TO • •' - City of Shakopee NAME;LOCATION •------ ."-- •••-• --.- 1 •it : ATTN:Ray • • City of Shakopee . . • • , . Dean's Lake Bypass Ditch .. •-----ribirKiZTZ---. -- .I. .. . ....1 • • • . J0614LimsEi—:—= • .i.. • I. • . . • . . • . . . :.1.r.7w7reby sUbMit specificatIons and estimates for: . . • . • • . . • • ..i• -: C•Cnstradt approx. 1400' of open ditch as shown on Sheet I of 2 Southbridge Parkway • • • .!...1. . Street Construction Plan: • . . • • • . , •1'•• ..-•. Items included: Channel Excavation 3100 CY • . . - . Seed ditch area:approx. 1.75 AC . . . . . • •i., : . • °•11- . .. 0 • - • • Level Spoil piles . . . . • • • - $17,500.00 -I. ' • • • :.11 : . . • , • • • • • 'e ..*II . ..• •Itenis•not i •ncluded: Outlet Control Structure • i z • • • .• 1 1,- ' . • . . • ..,.; ' . • Erosion Control Items • Maintenance/Sediment Removal . • ....4. '• .• • Spoil pile seeding . .• • • • • • .. . ••• l: . . . Staking .• . . • • .. 1 i. •• • • . It' ' NOTE,: •Tiiis quote is void if notice to proceed is not issued before the ground tha*s. A transport fee .:•:.ii..• • . . 11.:os, • .• •• . ..of$250.00 per machine shall be added for each piece.of equipment that has to be moved • •• .• ,11 •...• • back to the site after Monday,March 14th, 1999, excluding restoration& seeding equipMent. ..• :':::.II... • . • •• • • 2 . . . . • . . . . . . i 1-7--.---7- . • • . We Propose hereby to furnish material and labor—complete in accordance with the aboti.s specifications.for the st. : •1 .ESyV .NT.EEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS******************** doom(s. $17,500 00• . ...H.... .....payr6er..,.:0.b'e made as rams: • . . . . . . . • . . . . :*: '.1.I:. . • . . . ••••• ••••;•••• •. Ai ri.vordi !s ovarantoeci to be as apeeifieci.•All wore to be completed in a protession•al . . . . . . . . • . — . -- ---------, •• - .. . ' .•••1 .-'oonl.er t•ccp!din to standard praciioes:Any alteration or deviation from soave specifier,: Authorized , ... . ...,. . . • ..., '. . 0 - .• • • •. 1-- • • • 1.; .,:8(1 r.vcilv:n5 egre eo;:ts will be executed only L,pon written orders, and will become an •S,Paldre -• -'• —... --— : ..•t i ••.•..evr!O Oni,rge-nor and.ahrivn the eutima:e.Al:aareernents contingent upon strikes,accidence . .. . . •:.•''.i II ois-ds; bsynoci our controL Owner to carry tire, tornado end other necessary insurance. •Now This rc;posel may.be .• • • .• • •.. .• ,i•.i.ou,,,wiorsers.ars fully:.!ivereci by Werkor's Compensation Insurance. withdrawn *>. . . . . iii • by us If not sow*within • . • . . ... . . .• . .. • • . . . . .. : .-; .. ......... . . . . . . ...'..AZ:ceptanice of Proposal -The above prices, specifications .. 1... ..i arai.condons:are satisfactory and ore hereby accepted.You are authorized S' ,.. . . ..:........1... 1,' fo'cie.the work as specified. Payment will be made as outlined above. 1 , .7). pate of Acceptancr - .-._. __. ..,—___.....------_. • ' , --. . ••. : - ,.• •• . . • • . . - . . •. • . . . 350 Westwood Lake Office a 8441 Wayzata Boulevard Minneapolis, MN 55426 612-541-4800 Telecon Record &Associates,Inc. FAX 541-1700 Telecon Record Project No: 104.0 I Date: 3/15'PM Routing: Tele No: 364- Z914- Time: A/P Person Contacted: 3-,rv. o ck Organization & Location: E vielo a k ion Project: Hyl Q__,O0v\5 L 13 aS 0;"1"c_ Subject: Recorded by: pi S Summary of Conversation (incl. any decisions made and action agreed to): zn X0,.1‘ y rJoftAckr,/ 6 k 01 PRA con5\'rtnck (Oy(Jas5 c�A 1 L q,.✓ aitA cite piavl S . u Q c\ i c1`%\C� IkllCAUA 0" oT 100 C- / Qk / cY a. i'a �or , GOnSV`ttiGT4 o Co5� o I� 60� • -111‘)S (-OAS+r(k son Ge 5f Ch X10+ ncIoC1 . n'l�5Ce'/aitouS SeFA ✓� aT- Q.S7-irked o,(-Os. it_Y1 e.n k o, v ee� �A(mot f ►'1J Q�r J r, e S V 41 re-by-utak/ S 1 q i G ,4 uany l kkl\ p vY\%*I Al • e-- ru LA_s0-A u,so,.Y'rn atn0� Q foavA• Wa-S 4-00 w uQ- ce l\. ) 4YV1Q/e.ToY e- 'ConS-k-ru.Cii ova 5.644 etl a T 1991 w ke iA 44V2_ 7✓oZQ✓1 ' kz- So,vhsL v r It pv i CQ. i - C:\W P W INNFOR M S\4ELECON S.M.Hentges P.O. Box 69 Jordan, MN 55352-0069 . &Sons Inc. JORDAN, MN 492-5700 Phone: (612) 492-5700 t'la/tfS.TttUCK• NG� ]rit Fax: (612) 492-5705 0 2 1999 February 1, 1999 &ASL. Mr. Rich Schindler W.S.B. & Associates, Inc. 350 Westwood Lake Office 8441 Wayzata Blvd Minneapolis MN 55426 RE: Southbridge Parkway Bypass Ditch Our Project No. 98-315 Dear Mr. Schindler: Following are our prices to excavate the proposed bypass ditch. We would have to have a go ahead for this work by Friday, February 5, 1999, so we are able to try and freeze down a haul road as soon as possible. If we can not get the haul road to freeze deep enough to carry truck traffic, we would install a one foot deep dirty sand temporary haul road placed on top of geotextile fabric for the sum of$6,600.00. Please notify me as soon as possible if these prices are acceptable, so we are able to schedule this work. Ditch Excavation 3,681 CY at $11.17/CY $41,116.77 Temporary Haul Road 1 LS at $6,600.00/LS $6,600.00 Sincerely, eit Gary jac Project Manager • F:\WP51\WP60\SUE\LETTERS\GARYZ\SCHINDLE.WPD An Equal Opportunity Employer /�• c. 1 . CITY OF SHAKOPEE Memorandum CONSENT To: Honorable Mayor and City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Subject: Acceptance of$16,000 Grant Date: March 8, 1999 Introduction The Police Department is requesting Council approval to accept a $16,000 grant from the Minnesota Auto Theft Prevention Program (MATPP). Background The City Council authorized the application to the Minnesota Auto Theft Prevention Program for a grant in November of 1998. The Police Department was notified on January 20, 1999 of a MATPP Grant award of $16,000 for the period July 1, 1999 through June 30, 2000. In order for the Police Department to receive the funds the attached resolution authorizing the City's acceptance of the grant must be passed. Upon receipt of this resolution, the Minnesota Auto Theft Prevention Program will distribute the funds at the start of the grant period. Budget Impact The MATPP grant does not require matching funds. Alternatives 1. Accept the grant. 2. Do not accept the grant. Recommendation Alternative#1. Action Requested Offer and pass Resolution No. 5077 authorizing the appropriate city officials to accept and enter an agreement with the Minnesota Auto Theft Prevention Program from July 1, 1999 through June 30, 2000. Dan Hughes Chief of Police a) U) a) a) > a) Q n > a1 wac0) �� liii I v o a I .I r"--- f .. 3 N 8 n I a ' O 0.1 f T O O Q 7 , 00 00 m t -1- m Z • in re • € An k5 Ez `' v(' -'3,- 4 - O) d"�e$dy; "'▪ `▪ ' .z s`l s h- �' - ` :3a ,* say a. rn � � � r �� • , I o) , - 0) N - o I 0)iI 0� ;'+ oj r i r,2 '" r �E i - OO.�rO NI O pt)O ppO 00 rAikt o 01 1. Oa /57 D. Is CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Internal Loan (Community Center) DATE: March 5, 1999 Introduction This memo provides some information on the internal loan concept for financing the Community Center addition. Background Attached is schedule "A" showing nine options for financing terms for an internal loan. The boxes are for 20, 30 and 40 year terms at three different interest rates each. I would prefer to see a 20 year term but not longer than 30 years . Thirty years is pretty much the maximum term for government debt financing. Longer than that raises the question of whether it is really a loan that is to be repaid or is it a contribution that has a fair chance of not being repaid. Three interest rates are shown on the attached schedule. The 6 . 5% rate is what is in the range of what currently available to the city for investments in the 5 to 8 year range . Four percent is an arbitrary figure for a discounted rate and zero percent was mentioned at the council table . The PV Interest line is the present value of the future interest payments . At 6 . 5%, it is an estimate of what the present value of the interest paid by the project to the fund that is loaning the money. Conversely, if the loan is at zero percent, it is the value of a plain contribution or gift to the project . If the loaning fund is an enterprise or utility fund (storm or sewer) at a zero or reduced interest rate, it amounts to a gift from rate payers to tax payers . As far as I am aware, council has never taken money from the storm or sewer fund and "given" it to another fund or purpose. Many of the customers feel that they do not get value for their money because the wastes just go down a "hole in the ground" and sewer costs more than water. In the past, council has represented to the public that sewer revenues were only for sewer purposes and not to use for something else or to reduce taxes . As far was the future need for the money within the sewer fund, the CIP only goes out 5 years and based on that, the fund can operate without the cash. Longer than that is not known. Cash in the fund is used to advance finance system expansions due to building pipe first and then collecting the fees to pay for it later by trunk fees and for replacement of old facilities . Also attached is a chart showing park dedication fee collection history. Chart "B" shows the history and trend line for the past 10 years, excluding Seagate fees . Chart "C" is the past five years when the growth rate increased, but excluding Seagate fees . Seagate is not the type of project the city can count on having on a regular basis . The CIP has an average of $455, 000 in park expenditures over the next five years . Chart "C" indicates that the trend would be to collect $450, 000 in 1999 park dedication fees without the moratorium. A 30 repayment schedule with zero interest needs yearly payments of $67, 000 . Alternatives 1 . Borrow from sewer fund. 2 . Borrow from another fund (CIF?) 3 . Do not internally finance - revenue bonds? A. Charge the going rate for interest . B. Charge a discounted rate. C. Charge no interest. Recommendation If council wants to use sewer moneys, I recommend charging the going rate of interest and no more than 30 years. If council wants to borrow from the CIF (Capital Improvement Fund) , the issue of interest is up to council but the term should still be not more than 30 years . The CIF ended 1998 with about $4, 164, 000, $1, 242, 000 over the amount shown in the 1999 Capital Improvement Program (CIP) . Based on the CIP, the CIF fund could carry the loan for the five years projected in the CIP. The General Fund could also be used and probably would not have a problem with cash flow under current legislation. The CIF would probably be the more appropriate source and leave more options for the General Fund monies. The issue of revenue bonds could be pursued. No referendum is required and the bonds would have a lower interest rate than the investment portfolio is earning. Public perception could raise an issue over borrowing more for the project than the amount of the referendum authorized. Revenues from the Recreation Fund (not park dedication) would be pledged for debt service first . Therefore, increased General Fund support would be needed to replace the revenues used for debt service instead of for operations . Bottom line: use CIF with or without interest not to exceed 30 years. Secondly, use Sewer fund with going rate of interest not to exceed 30 years. Action Discuss and give staff direction. //i3/1/) Gregg Voxland Finance Director c:\gregg\memo\civivad /4 Civic Center Addition Plus Other Park Projects 3/5/99 Loan from other fund scenario Par $ 2,000,000 $ 2,000,000 $ 2,000,000 Term 20 20 20 Rate 6.50% 4.00% 0.00% Pmt (181,513) (147,164) (100,000) Total Pmts 3,630,256 2,943,270 2,000,000 Interest 1,630,256 943,270 - PV Interest 1,032,622 708,391 - Par $ 2,000,000 $ 2,000,000 $ 2,000,000 Term 30 30 30 Rate 6.50% 4.00% 0.00% Pmt (153,155) (115,660) (66,667) Total Pmts 4,594,647 3,469,806 2,000,000 Interest 2,594,647 1,469,806 0 PV Interest 1,347,748 971,343 - Par $ 2,000,000 $ 2,000,000 $ 2,000,000 Term 40 40 40 Rate 6.50% 4.00% 0.00% Pmt (141,387) (101,047) (50,000) Total Pmts 5,655,498 4,041,879 2,000,000 Interest 3,655,498 2,041,879 - PV Interest 1,572,313 1,189,691 - park fees Park Dedication Fees 750,000 _ 700,000 650,000 _ 600,000 550,000 500,000 4• 50,000 - 4• 00,000 Seriesl 350,000 — —Linear(Seriesl) - 3• 00,000 - 250,000 200,000 - 150,000 100,000 - 50,000 0 0 N M R N CO r 00 0) 0 CO 0) m 0) 0) 0) 0) m 0) 0) 0) 0 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0 N L park fees Park Dedication Fees 750,000 700,000 650,000 600,000 • 550,000 500,000 450,000 400,000 Series1 350,000 • —Linear(Series1) 300,000 250,000 • 200,000 150,000 , 100,000 50,000 0 , ... 1994 1995 1996 1997 1998 ISD• . CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Park Bond Referendum Date: March 9, 1999 INTRODUCTION If Council is satisfied with the information about a park bond referendum, then it should offer, and adopt, Resolution No. 5075, a Resolution which establishes a special park bond election this spring. BACKGROUND • Attachment A - Is Resolution No. 5075, A Resolution determining the necessity for issuance of General Obligation Bonds and calling a special election. (Exhibit A is a blank Official Ballot.) (Exhibit B is the date and location of polling sites.) • Attachment B - Is a sample ballot for a $4 million bond. • Attachment C- Is a sample ballot for a $6 million bond. DISCUSSION 1. Discuss referendum date. i.e. April 27, 1999, May 4, 1999 or May 11, 1999. ACTION REQUESTED 1. If Council is favorable to placing on a ballot a $4 million or $6 million park bond referendum, it should, by motion, offer Resolution No. 5075, A Resolution determining the necessity for issuance of General Obligation Bonds and calling a special election thereon, and move for its adoption. 2. A second motion may be in order if Council wishes to utilize other funding sources to augment the park bond referendum. If that is indeed the case, then Council should move to allocate an additional $ of funds to the proposed referendum project (there may be other conditions added to this motion). c . �/ -// Mark J. ,cQuillan Parks and Recreation Director A-4h01e1'1` Pi RESOLUTION NO. 5075 RESOLUTION DETERMINING 1'HE NECESSITY FOR 1'HE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION'THEREON WHEREAS, the Shakopee City Council finds and determines that it is in the best interests of the health, welfare, and safety of the City and its residents that the City acquire, construct and equip improvements to the City's park, recreation, and open space system (Project) consisting of neighborhood parks,community parks, special recreational facilities including(„ i K '(tic-, ;and WHEREAS, the City is authorized by the provisions of Minnesota Statutes, Chapter 475 (Act)to issue its obligations to finance the Project in whole or in part and to pledge its full faith, credit and taxing powers to the payment of such obligations;and WHEREAS, it is necessary and expedient to the sound financial management of the affairs of the City that the Project be financed in whole or in part by the issuance and sale of the City's general obligation bonds pursuant to the Act in an amount not to exceed$ NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: 1. The proposition for the issuance of the bonds will be submitted to the voters of the City at a special election to be held on , , 1999. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to special municipal elections. 2. The City Clerk is directed to cause a notice of election and sample ballot in . substantially the forms attached hereto as Exhibits A and B'to be posted and published as required by law as follows: (a) The notice of election will be published once in the official newspaper of the City at least two weeks prior to the election; (b) The notice of election and a sample ballot will be posted at each of the polling places at least ten days prior to the election; (c) The notice of election and a sample ballot will be posted in the office of the City Administrator at least four days prior to the election; and (d) The sample ballot will be published in the official newspaper at least one week prior to the election. • JJT-158623 SH155-23 02 3. The polling places, hours of election and the respective judges for the election will be those established by the City for municipal elections. The polls will be open from 7:00 A.M. until 8:00 P.M. 4. The City Council will meet in the City Hall on , 1999, at p.m., C.T. to canvass the results of the election and to declare the results thereof. Adopted in session of the City City of the City of Shakopee, Minnesota, held this day of , 1999. Mayor of the City of Shakopee ATTEST: • City Clerk LIT-158623 SH155-23 3 EXHIBIT A OFFICIAL BALLOT SPECIAL ELECTION CITY OF SHAKOPEE , 1999 INSTRUCTIONS TO VOTERS: Voters desiring to vote in favor of the following proposition must complete the arrow pointing to YES. Voters desiring to vote against the following proposition must complete the arrow pointing to NO. The City of Shakopee is asking voter approval to issue and sell its general obligation bonds in an amount not to exceed$ to finance the acquisition and betterment of various park and recreational facilities. The amount of taxes that would be raised in the first year of the property tax levy to pay the principal and interest on the bonds is estimated to be approximately $ . The maximum amount of taxes that would be raised in any subsequent year for the purpose is estimated to be approximately$ . This maximum increase in property tax levy is estimated to be approximately % of the taxable market value of property in the City. YES SHOULD THE CITY OF SHAKOPEE, MINNESOTA BE AUTHORIZED TO ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN NO AN AMOUNT NOT TO EXCEED $ TO FINANCE THE ACQUISITION AND BETTERMENT OF VARIOUS PARK AND RECREATIONAL FACILH IbS? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. JJT-158623 SH155-23 EXHIBIT B NOTICE OF SPECIAL ELECTION CITY OF SHAKOPEE SCOTT COUNTY,MINNESOTA NOTICE IS HEREBY GIVEN that a special election will be held in and for the City of Shakopee, Scott County, Minnesota, on , the day of , 1999, at which the following proposition will be submitted to the voters of the City for their approval or rejec- tion: SHOULD THE CITY OF SHAKOPEE, MINNESOTA BE AUTHORIZED TO ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $ TO FINANCE THE ACQUISITION AND BETTERMENT OF VARIOUS PARK AND RECREATIONAL FACILI'1.1hS? The polling places for the election are as follows: Precinct Number Polling Place P-1 Fire Station, 334 West 2nd P-2 Public Library,235 South Lewis P-3 Presbyterian Church,909 South Marschall Road • P-4 Thrift Shop, CR-16 and CR-83 P-5 Youth Building, 1121 West 11th Avenue (Lions Park) P-6 Thrift Shop, CR-16 and CR-83 P-7 Faith Lutheran Church, 150 W 130th Street (CR-78 and CR-79) P-8 Calvary United Methodist Church 2488 Vierling Drive E The polls for the election will be open at 7:00 A.M. and will remain open until closing JJT-158623 SH155-23 at 8:00 P.M. Any qualified registered voter of the City is entitled to vote at the election, and any resident of the City not previously registered as a voter may register on election day. BY ORDER OF THE CITY COUNCIL /s/ Judith S. Cox City Clerk Dated: , 1999. • JJT-158623 SH 155-23 6 OFFICIAL BALLOT SPECIAL ELECTION CITY OF SHAKOPEE , 1999 INSTRUCTIONS TO VOTERS: Voters desiring to vote in favor of the following proposition must complete the arrow pointing to YES. Voters desiring to vote against the following proposition must complete the arrow pointing to NO. The City of Shakopee is asking voter approval to issue and sell its general obligation bonds in an amount not to exceed $4,000,000 to finance the acquisition and betterment of various park and recreational facilities. The amount of taxes that would be raised in the first year of the property tax levy to pay the principal and interest on the bonds is estimated to be approximately$336,120. The maximum amount of taxes that would be raised in any subsequent year for the purpose is estimated to be approximately $340,970. This maximum increase in property tax levy is estimated to be approximately .038% of the taxable market value of property in the City. YES SHOULD THE CITY OF SHAKOPEE, NIINNESOTA BE AUTHORIZED TO ISSUE AND SFT T.ITS GENERAL OBLIGATION BONDS IN NO AN AMOUNT NOT TO EXCEED $4,000,000 TO FINANCE THE ACQUISITION AND BETTERMENT OF VARIOUS PARK AND RECREATIONAL FACILl l"IbS? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. LIT-158623 SH155-23 7 nn o C\A'M e V4 OFFICIAL BALLOT SPECIAL ELECTION CITY OF SHAKOPEE , 1999 INSTRUCTIONS TO VOTERS: Voters desiring to vote in favor of the following proposition must complete the arrow pointing to YES. Voters desiring to vote against the following proposition must complete the arrow pointing to NO. The City of Shakopee is asking voter approval to issue and sell its general obligation bonds in an amount not to exceed $6,000,000 to finance the acquisition and betterment of various park and recreational facilities. The amount of taxes that would be raised in the first year of the property tax levy to pay the principal and interest on the bonds is estimated to be approximately$509,300. The maximum amount of taxes that would be raised in any subsequent year for the purpose is estimated to be approximately $509,070. This maximum increase in property tax levy is estimated to be approximately .057% of the taxable market value of property in the City. • YES SHOULD THE CITY OF SHAKOPEE, MINNESOTA BE AUTHORIZED TO ISSUE AND SFT.T.ITS GENERAL OBLIGATION BONDS IN NO AN AMOUNT NOT TO EXCEED $6,000,000 TO FINANCE THE ACQUISITION AND BETTERMENT OF VARIOUS PARK AND RECREATIONAL FACILITIES? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. r1T-158623 SH155-23 EDY & GRAVEN +3379310 T-618 P.02/02 F-884 of2f2 � Gte El 141 i 1 T rO z S. /11 c9 . Sd 'XS— EXHIBIT A S• 0 . Z+ • CITY QUESTION ALLOT SPECIAL ELE I ON CITY OF SHAK•PEE , 1999 INSTRUCTIONS TO VOTERS: To vote for the q lion blacken the oval ( ) next to the word "YES" for the question. To vote against the qu..tion, blacken the oval ( U ) next to the word "NO"for the question. Use only the pencil provi ed. The City of Shakopee is asking voter approval • issue and sell its general obligation bonds in an amount not to exce.:d $ to 'inane• the acquisition and betterment of various park and recreational facilities. The amount of tax.s that would be raised in the first year of the property tax levy to pay the principal and interest on the bonds is estimated to be approximately $ . The maximum amount of axes that would be raised in any subsequent year fur the purpose is estimated I be approximately $ . This maximum increase in propeny tax 1ev is estimated to be approximately of the taxable market value of property the City. CITY •UESTI.1 #1 SALE OF GENERAL • e LIGATION BONDS FOR PARK AND REC' EATIONAL FACILITIES YES Should The C' Of Shakopee, Minnesota Be Authorized To Is ue And Sell Its General Obligation Bonds In An Am .um Not To Exceed$ (_) NO To Finance Th= Acquisition And Betterment Of Various Park An, Recreational Facilities? BY VOTING "YES" ON THIS I:ALLOT QUESTION, YOU ARE VOTING f'OR A PROPERTY TAX IN, •EASE. J3T-15ao2i S11155-23 ti Jc ci 3 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Centex Agreement to Landscape Park Property in Southbridge Date: March 16, 1999 INTRODUCTION Centex Homes is seeking the City Council's approval to landscape and maintain a small portion of park property at the entrance of their development(Hartley Boulevard) in Southbridge. BACKGROUND The areas identified for private landscaping are described on the Plat for Southbridge 1st Addition are shown as Park 13 and Park 15. See Attachments A- 1-2-3. Under the agreement drafted by the City Attorney, the homeowners association would be responsible for developing and maintaining the sites and bare any costs associated with the improvements, maintenance or repairs to the property and shall defend and indemnify, and hold harmless the City from any and all liabilities, claim, causes of action or lawsuits the association becomes liable. See Attachment B. PARK AND RECREATION ADVISORY BOARD RECOMMENDATION The Parks and Recreation Advisory Board reviewed the request by Centex Homes and saw no reason to turn down the request as long as the landscape plan meets with staff's approval. PUBLIC WORKS DIRECTOR The Public Works Director Bruce Loney, whose maintenance workers are responsible for maintaining all city park land, also has no objections with the arrangement as long as the association properly maintains the described areas according to the agreement. Representatives from Centex Homes have reviewed the agreement and are willing to meet all conditions stated in the agreement. Mr. Steve Ack of Centex Homes will be at Tuesday night's meeting to answer any questions or concerns Council may have. ALTERNATIVES 1. Approve the agreement with Centex Homes. 2. Do not approve the agreement with Centex Homes. 3. Table for further information from staff RECOMMENDATION Alternative #1 ACTION REQUESTED If Council is comfortable with this arrangement and wishes to grant permission to Centex Home's Classics at Southbridge to landscape and maintain City park property in Southbridge, then it should, by motion, move to authorize the appropriate City officials to enter into agreement with Classics at Southbridge which would permit the association to landscape and maintain portions of Park 13 and Park 15. . Mark J. McQuillan Parks and Recreation Director • zc' \ \ ( "'S ';'''' c = r .\. \ ...._..,>1 c.: ,..,_,.: i CI �� iir...4...............Z. = ..... 1..-.2-;:,,4'.../-4//'.;,. Y k • ■ h t / ?` � • i 47' '�� 1 ,\ 1 L . --` • • ``\ ' F 1,--',..74,.<ml...iii::-.A4t IP -2,-:;A',•:s:.:, --,-,w',/ Vrt. 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M I ^I.. 4: -_�" ( I �V ,,,,..•,r �4-1,,,,-*, �.t�1'•t." rJl ,1 j f/S' I''\\. • `,t :r� \-\ y 7r:'e ✓t,S414,:.iw L. •r+tlrt 1- - / z C ci },•5. Y / .' I �� NNif ` M'rt •itfit.,e �i.t.4..r4.1.,....>,:::..241 / • I I t..'"-'.‘.1., l •\�.r . +7 4 k"',.*�'r'�.i'],''�r 5'r'+� r�:.> -;;'v't - , 'j 1 I :• 1 ' ` r -,.,-,-,.,,� .`...,',f JTn�r .,ykJ y31'f:. A7. . lr. :'r 7 si ,•i K 'tt \. ! l i-•;a�'4:i`.{/�f 1.4.4• '7.is r`1'.-,:y'r.4!4:1A jk' •.SKI` Td.- 1r'�*' ^': Fa 1�' h^�"«.,.�, }'•Se y "'•n't,.t<�y viM -tom,pc, ""✓'� � i�." / 1. tiLt. 02/11/99 17:17 FAX 6129367839 CENTEX HOMES (1003/004 t EASEMENT SKETCH SOT S /.Cr -J 0aI , LV4 /'1T > \ / / ...o... li O 1 LVI / ' r- \ ...--"' r . P ^1 new ..A m southwest comer 0 PARK 13 --Lot 1, Block 5 ff Ts>elf I? ' // "1" . ock 6. S�i*adY/Ina ���L� �Ql • cn Of pot* f3 SOU7NeR/D r' PARkWA y PROPOSED LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT That port of Paris 13, as dedicated on the plat of S0'JTHBRIDGE FIRST ADD1770N, according to the recorded plat thereof, Scott County, Minnesota. Lying easterly of the following described line Beginning at the Southwest corner of Lot 1, Block 5 of said SOUTHBRIDGE FIRST ADDI770N; thence South 09 degrees 19 minutes 16 seconds West, assuming the South line of sold Lot 1 bears North 71 degrees 04 minutes 46 seconds West, a Distance of 3Z02 feet, to the southerly line of said Par* 13 and there 'terminating • Sods 1".• 80 fest R(OUESID BY: . HOMES Beerblgs based aI assumed datum. W Westwood Professional Services. Inc !;�ice., 7599 Ano9-an & Propas.d tala9cap• Easement Area Edam Profile, ANN 55344 L (812) 937-5150 [ram 19c NT5 I Date 2/9/99 14*, Phar 98262 02/11/99 17:18 FAX 6129367839 CENTEX HOMES fj 004/004 ' EASEMENT SKETCH \ 1 n�- 7 \ V \\iii '- I O 1 t7 \\ southerly line �. 'r \N. \7rof Outlot G N. • \\ / . \ . .16 N. eyvot G y \ BLOCK ost501t .o�g web \ 0 • of L.l./I • • r a G /j }� ,� ��\ 'p 'o \ � T,1,o PARK 15 j kY �1 17043/40 \ Sou // p \ Fo o, ne of p°nk' jj�i N. s 75 / \ ca,>� N. f SOUTHBR/DG,E p N. \ ARfCWA Y \\ \ . PROPOSED LEGAL DESCRIPTION FOR LANDSCAPE EASEMENT Mat part of Park 15, as dedicated on the plat of SOUTHBRIDGE F7RST ADOITIOIN, according to the recorded plat thereof, Scott County. Minnesota. Lying southerly and westerly of the following described lbw Commencing at the most southerly comer of Oudot C, said point being contiguous with the easterly Right of Way of Hartley Boulevard, of sold SOUTHBRIDGE FIRST ADDITION; thence northeasterly along the southerly Ilne of said Outlot G, along a non—tangentici curve concave to the northwest . having a radius of 227.50 feet, an included angle of 18 degrees 09 minutes 32 seconds, an arc length of 7210 feet and assuming the chord bearing of North 68 degrees 20 minutes 12 seconds East. to the point of beginning, also being the southerly line of the Minnegasco Easement per Document No. 94129; thence South 58 degrees 17 minutes 47 seconds East along said Minnegasco Easement a distance of 120.73 feet; thence South 07 degrees 16 minutes 17 seconds Wast a distance of 57.98 feet to the Southerly line of said Park 15 and there terminating. Scads 1 80 feet REED Br CENTIDt HOMES Bearings based on assumed datum. IV Iseflraod Professional Services, Inc 7599 Anogrorn &fee ;a: Proposed P P aced Lan a Easement Area Eden Prairie, !IN 35344 ii G:. (872) 937-5150 • C"'n bye NTS 1 °''t 2/9/99 T'bb Nle• 98282 s2S2seadeg Mar-15-99 01:49pm From—KENNEDY & GRAVEN +6123379310 T-565 P 02/05 FF--801 MO—a%otic e e LANDSCAPING AGREEMENT THIS AGREEMENT entered into this day of 1999 by and between the CITY OF SHAKOPEE, a Minnesota municipal corporation (hereinafter referred to as the "City") and the Classics at Southbridge Homeowner's Association, a Minnesota non-profit corporation (hereinafter referred to as the "Association"). RECITALS 1. The City owns the real property dedicated to public use as Park 13 and Park 15, Southbridge First Addition, and legally described at the attached exhibits A and B (the 'Premises"). 2. The Association desires to enter the portions of Park 13 and Park 15 described in Exhibits A and B to this Agreement('Premises")to install and maintain landscaping. In consideration of the terms and conditions of this Landscaping Agreement, the City and the Association agree as follows: • I. ACCESS TO THE PREMISES. The City hereby grants and the Association hereby accepts entry onto the Premises to install and maintain landscaping according to the terms of this Landscaping Agreement. 2. DESIGN OF THE LANDSCAPING. At least thirty days prior to the installation of any landscaping on the premises, the Association shall notify and gain approval from the City of the proposed landscaping plan ("Approved Plan"). 3. INSTALLATION OF THE LANDSCAPING. The Association is responsible for the installation, maintenance, repair and replacement of the landscaping. The Association shall at all times be responsible fur ensuring that the landscaping is completed in accordance with the Approved Plan. 4. NON-EXCLUSIVE AGREEMENT. The parties understand that the Association will not have exclusive possession and enjoyment of the Premises. The Association may use the Premises contemporaneously with the City in accordance with the teens of this Agreement, provided that the Association does not make any use of the Premises that interferes with the City and public's use of the Premises. 5. ASSOCIATION'S DUTY TO MAINTAIN. The Association,at its sole cost and expense, shall at all times be responsible w maintain, repair and replace the landscaping including, without limitation, removal of papers and debris, elimination of noxious weeds, keeping the perimeter neatly trimmed, not to damage the Premises, to notify the City immediately of any condition(s) on the Premises that are dangerous to human health or safety, or that may damage the Premises, and to cooperate with the City's efforts at insect control. 111-159694 1 SK 155-43 Mar-15-99 01:49pm From-KENNEDY & GRAVEN +6123379310 T-565 P 03/05 F-801 6. ENCUMBRANCES. The Association will not permit any liens to encumber the Premises. 7. INDEMNIFICATION BY THE ASSOCIATION. The Association, at its expense, shall defend and indemnify, and save and hold the City harmless from any and all liabilities, claims, causes of action, suits or damages that the Association becomes liable, or may incur or be compelled to pay by reason of the Associations breach of the terms of this Agreement, including by not limited to: any and all claims, related to the landscape design. installation, maintenance, repair or replacement. This provision shall not be construed as a waiver by the City of any liability limits available to it under state law. 8. TERMLNATION. Either the City or the Association may terminate this Agreement upon receipt of written notice to the nun-terminating party at least thirty (30) days prior the desired termination date. If the Association requests termination, the City, at its sole discretion, shall have the option to agree to continue maintenance or the existing landscaping or require that the Association, at its expense, remove the landscaping and replace the Premises with sod. If the City terminates this Agreement, the City shall maintain the landscaping at as sole cost,provided that the landscaping has been continually maintained by the Association and at the time of termination is in good repair. 9. INSURANCE. The Association shall maintain "ail risk" insurance in an amount necessary to cover any damage to the Premises caused by the Association's use of the Premises. The Association shall also maintain comprehensive general public liability insurance against any and all claims,demands,actions,judgments, expenses,and liabilities that may arise out of or result, directly or indirectly,from the Association's use and occupancy of the Premises. The policy shall name the City as an additional insured_ The policy involving liability from third panics shall provide coverage at the limits of $500,000 for propeny damage, death, or personal injury to one individual and$1,000,000 for any number of such claims arising of a single occurrence. The Association shall provide current certificates of insurance annually or upon the request of the City. 10. NOTICE. Any notice, demand, request or other communication that may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is deposited in the United States mail,registered or certified, postage prepaid and addressed as follows: If to the City: 1255 Hiller Street, Shakopee, MN 55379 ATTN: Park and Recreation Director; If to the Association: , Shakopee,MN 55379. 11. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire agreement between the parties, and no other agreement prior to this Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both panics. 7J r-15965,4 2 Stiff 55-43 Mar-15-99 01:40pm From-KENNEDY i GRAVEN +6123319310 T-565 P 04/05 F-801 CLASSICS AT SOUTHBRIDGE HOMEOWNERS ASSOCIATION By Its CITY OF SHAKOPEE By hs Mayor By City Administrator By City Clerk 1rr-159694 3 SH 155-43 Mar-15-99 01:50am From-KENNEDY i GRAVEN +6123379310 7-565 P.05/05 F-801 • STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this day of _ , 1999, before me, a notary public within and for Hennepin County, personally appeared , the of the Classics at Southbridge Homeowners Association, and acknowledged signature on behalf of the Association. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1999, before me, a notary public within and for Hennepin County, personally appeared , and , the Mayor, the City Administrator, and the City Clerk, of the City of Shakopee, and acknowledged their signatures on behalf of the City. Notary Public iii-t59694 4 St1155-i3 /S �=• /. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Manufactured Housing Park Closing Ordinance DATE: March 12, 1999 INTRODUCTION: The Council is asked to consider an ordinance which would set standards and responsibilities regarding any closings of manufactured home parks in Shakopee. BACKGROUND: Since May of last year, residents of Valley Haven have been requesting that the City adopt an ordinance which would provide them with a number of safeguards and guarantees in the event that Valley Haven is closed, and they are forced to find other places to live. Valley Haven is the City's only manufactured home park. Most recently,the Council directed the City Attorney to incorporate issues into an ordinance which would provide a basic level of guarantees in terms of financial reimbursements. See attached memo from City Attorney Jim Thomson for details. Several of the issues which were discussed at the February 16th meeting have been resolved. In addition, some of the suggestions outlined in the letter from Katie Nemmers, Certified Student Attorney assisting APAC and Valley Haven, have been incorporated. Most significantly from the standpoint of APAC, staff has incorporated a cumulative purchase price percentage scale. That reduces any incentive to have a sales price that is "just over"a breakpoint that would result in a lower net payment to individual displaced residents. The park owner's representative is agreeable to that concept. The three issues that the Council will need to focus on are as follows: 1. Page 3, Subd. 9.A. Cap on Payments -The residents are asking that if TIF is available,that the residents be fully compensated for the market value of their homes. The cumulative percentage scale as written will not guarantee that. It is staffs recommendation that a full payment not be guaranteed, as there is no assurance that the amount of TIF that might be generated by a redevelopment project would be sufficient to fully pay for relocation. 2. Page 4,B. Percentage Scale-While the City has included the cumulative scale, the residents are requesting that the percentages from both the park owner and City be higher then what is proposed. 3. Page 4, Subd. 10. Verification of Costs -The residents want the ability to choose their own mover, in the event that their home is able to be relocated. They are concerned that the park owner may deny legitimate moving cost estimates, and hire a moving company that is not acceptable to the resident. Staff's recommendation is to go with the existing language; as long as the park owner is responsible for the moving costs,he/she should have the ability to control those. Staff also suggests that this may not be an issue for a significant number of residents, as, by the residents' own testimony,there are only a very few homes which may be able to be moved. It is expected that a number of residents,their representatives, and the park owner's representative will be in attendance at the meeting on March 16th. RECOMMENDATION: We recommend that the park closing ordinance as drafted by the City Attorney be adopted. ACTION REQUESTED: If the Council concurs, it should,by motion, adopt the following: AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA PERTAINING TO MANUFACTURED HOME PARK CLOSINGS AND ADDING SECTION 4.61 TO THE CITY CODE. tLkMiiiJ Mark McNeill City Administrator MM:tw Mar-12-99 11:41am From-KENNEDY & GRAVEN +3379310 T-500 P.02/07 F-692 MEMORANDUM TO: Mark McNeil,City Administrator FROM: James Thomson DATE: March 11, 1999 RE: Manufactured Home Park Closing Ordinance Enclosed is a revised draft of the proposed ordinance regarding manufactured home park closings. The ordinance has been revised since the February 16, 1999 council meeting based on input received from the attorney for the residents and the attorney for the park owner. Some of these changes are minor in nature. The following are the substantive ones: 1. Subdivision 4 concerning tax increment financing has been amended to clarify that a future council is not obligated to provide tax increment financing. 2. The subdivision dealing with cap on payments has been revised to incorporate a sliding percentage for the park owner and the City portion, if needed. The park owner's percentage begins at 35% of the first $299,999 of the purchase price. The incremental percentage decreases by 5% and caps at 20% if the purchase price is $500,000 or greater. The City portion is capped at 10% of the first $599,000 and 5% of the next $100,000. It is my understanding that both the park owner and the residents agree with the sliding scale percentage approach. The residents,however, would like the park owners and the City's percentages increased by approximately 5%. 11T-159553 SH l S5-23 +3379310 T-501 P.01/07 F-693 Alar-12-99 11:44am From—KENNEDY & GRAVEN KENNEDY& GRAVEN,CHARTERED 470 PILLSBURY CENTER MINNEAPOLIS,MN 55402 (612)337-9300 FAX#(612)337-9310 pate: March 11, 1999 Our File No.: SH155-23 TO: Mark McNeill TO: Mark Lambert FAX#: 445-6718 FAX#: 651/223-5318 TO: Kathrine Nemmers TO: Miriam Wyeman FAX#: 651/290-6407 FAX#: 651/642-0060 FROM: James Thomson Direct Dial If: (612) 337-9233 COMMENTS: Enclosed is a copy of the revised ordinance pertaining to manufactured home park closings. With respect to Ms.Nemmers' March 5, 1999 letter,I have made the following changes: 1. 1 have used the sliding scale approach requested by Ms. Nemmers. I have not, however, increased the applicable percentages. 2. 1 have added the phrase"pnor to the public hearing"in subdivision 9,paragraph C. 3. I have added the word"voluntarily' in subdivision 7,paragraph B. 4. 1 have revised the purpose clause as requested by Ms.Nemmers on page 3 of her letter. I have not made any changes regarding the tax increment financing issue or regarding the verification u1 cost issue in subdivision 10. 1 also have not made any changes to subdivision 8B regarding payment for doublewide homes. Paragraph 8B only addresses the situation where a displaced resident chooses not to tender utle to the manufactured home. In such an instance,the payment to such an owner would be equal to twice the average relocation cost paid to owners of singlewide manufactured homes. Paragraph 8B does not deal with the situation where the owner of a doublewide home tenders title to the park purchaser. That situation is governed by subdivision SA. In that case,the value will be a determined by an independent appraiser. Number of pages including cover sheet: 1 1C a problem arises,call Service Center at (612)337-9294 NOTICE OF CONFIDENTIAL INFORMATION: J)'1-159555 SH155-2i Mar-12-99 11:44am From-KENNEDY & GRAVEN +3379310 T-501 P.02/07 F-693 This fax contains confidential information which is legally privileged. The information is for the sole use of the intended recipient(s)listed above. Distribution or disclosure to any individuals not so listed is strictly prohibited. J{'1-15'555 Ski 155-23 Mar-12-99 11:41am From-KENNEDY & GRAVEN +3379310 7-500 P.03/07 F-692 ORDINANCE NO. AN ORDINANCE OF THE CITY OF P EE,MINNESOTA, PERTAINING TO MANUFACTURED HOME PARK CLOSINGS AND ADDING SECTION 4.61 TO THE CITY CODE THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,ORDAINS: Section 1 -The Shakopee City Code is amended by adding a new section to read: SECTION 4.61 MANUFACTURED HOME PARK CLOSINGS Subd. 1. PURPOSE. In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced residents of such parks. The purpose of this Section is to require park owners and purchasers of manufactured home parks to pay displaced residents reasonable relocation costs and additional compensation to displaced residents and,where possible,to provide tax increment funds by the City to assist the park owner or purchaser in the payment of these costs,pursuant to the authority granted under Minnesota Statutes, Section 327C.095. Subd. 2. DEF"NlTIONS. The following words and terms when used in this Article shall have the following meanings unless the context clearly indicates otherwise: A. Closure Statement — A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a 25 mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. B. Displaced Resident —A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including collectively the members of the resident's household, as of the date the park owner submits a closure statement to the City's Planning Commission. C. Lot — An area within a manufactured home park, designed or used for the accommodation of a manufactured home. D. Manufactured Home —A structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in it. E. Manufactured Home Park — Any site, lot, field or tract of land upon which two or more occupied manufactured homes are located, whether free of charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the JIT-157935 1 SH155-23 Mar-12-99 11:41am From—KENNEDY & GRAVEN +3379310 T-500 P.04/07 F-692 equipment of the manufactured home park. This definition does not include facilities which are open only during three or fewer seasons of the year. F. Park Owner—The owner of a manufactured home park and any person acting on behalf of the owner in the operation or management of a park. G. Person — An individual, corporation, firm, partnership, incorporated or unincorporated association or any other legal or commercial entity. Subd.3. NOTICE OF CLOSING. If a manufactured home park is to be closed, convened in whole or part to another use or terminated as a use of the property, the park owner shall, at least nine months prior to the closure, conversion to another use or termination of use, provide a copy of a closure statement to a resident of each manufactured home and to the City's Planning Commission. Subd. 4. TAX INCREMENT FINANCING. At any time prior to or after delivery of the Notice of Closing to the Planning Commission, but prior to the Public Hearing o the City fororth in bd. use o. 6, the park kX owner or prospective purchaser of the park may make application increment financing to finance the cost of relocating and purchasing the displaced manufactured homes, any incidental costs associated therewith, and any other development expense that the City deems appropriate or eligible for such financing. The City in its sole and unlimited discretion may determine whether tax increment financing should be used for such purposes. if the City determines that tax increment financing should not be used for such purposes, the park owner can elect to rescind its Notice of Closure and escission shalresume l be given totion of e park residents nored ome late park, provided, however, that notice of any such 90 days after the Notice of Closure has been given. Subd. 5. NOTICE OF PUBLIC HEARING. The Planning Commission shall submit the closure statement to the City Council and request the City Council to schedule a public hearing. The City shall mail a notice at least ten days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner shall provide the City with a list of the names and addresses u subm[ted[o the Planning Commission.manufactured home in the park at the time the closure statement Subd. 6. PUBLIC HEARING. A public hearing shall be held before the City Council within 90 days after receipt of the Notice of Closing for the purpose of reviewing the closure statement and evaluating the impact that the park closing may have on displaced residents and the park owner. Subd. 7. PAYMENT OF RELOCATION COSTS. A. After service of the closure statement by the park owner and completion of the public hearing and upon submittal by the displaced resident of a contract or other verification of relocation expense, the park owner shall pay to the displaced resident the reasonable cost of relocating the manufactured home to another manufactured home park located within a 25 mile radius of the park that is being closed, converted to another use or ceasing operation. Relocation costs must be paid not less than 90 days prior to the closing of the park or its conversion to another use. Reasonable relocation costs shall include: In-157935 SH155-23 Mar-12-99 11:41am From—KENNEDY & GRAVEN +3379310 T-500 P.05/07 F-692 (1) The actual expenses incurred in moving the displaced resident's manufactured home and personal property, including the reasonable cost of dissembling, moving and reassembling any attached appurtenances, such as porches, decks, shirting and awnings, which were not acquired after notice of closure or conversion of the park, and utility"hook-up"charges. (2) The cost of insurance for the replacement value of the property being moved. (3) The cost of reasonable repairs or modifications that are required in order to physically move the manufactured home from its existing lot to the replacement lot, including repairs or modifications necessary to qualify the home for occupancy in another manufactured home park. B. Relocation costs shall not include payments paid on behalf of a displaced resident by the park owner or purchaser or by the owner of any manufactured home park to which the displaced resident voluntarily moves. C. The total amount of relocation payments paid to a displaced resident shall not exceed the estimated market value of the home as determined in Subsection 8.A of this Section. Subd. 8. PAYMENT OF ADDITIONAL COMPENSATION. A. If a resident cannot or chooses not to relocate the manufactured home within a 25 mile radius of the park that is being closed clue to a structural or age limitation of the manufactured home or the lack of any available lot space within the 25 mile radius, then in lieu of the above relocation payment, a displaced resident is entitled to tender the title to the manufactured home and be paid an amount equal to the estimated market value of the manufactured home as determined by an independent appraiser knowledgeable in We valuation of manufactured humes and giving due consideration to the value and condition of the home. The City shall select the appraiser and the park purchaser shall pay for the cost of the appraisal. The purchaser or park owner shall pay such compensation upon transfer of title to the home. Such compensation shall be paid to the displaced resident no later than 9) days prior to the closing of the park or its conversion to another use, and the park owner shall receive title and possession of the manufactured home upon payment of such compensation. B. If a displaced resident cannot or chooses not to relocate the manufactured home within a 25 mile radius of the park that is being closed due to a structural or age limitation of the manufactured home, and the resident elects not to tender title to the manufactured home,the resident is entitled to relocation costs equal to an average of relocation costs paid to other residents in the park. Payment of the average relocation costs shall be made as follows:Q�%�within stntetures and debrisfrom the days of application for the funds, and 50% upon the removal of the manufactured manufactured home park. Payment for double-wide manufactured homes shall be in an amount equal to twice the average relocation costs paid to owners of single-wide manufactured homes. 1NT-157935 3 5$155-23 Mar-12-99 11:42am From—KENNEDY & GRAVEN +3379310 T-500 P.06/07 F-692 Subd. 9. CAP ON PAYMENTS. A. If tax increment financing is used to assist in the payment of the relocation costs and other compensation required by this Section, the park owner and purchaser of the park shall be required to pay relocation costs and other compensation that do not exceed 20% of the purchase price of the park or the assessed value of the park,whichever is greater. B. If tax increment financing is not used or if such financing is not sufficient to pay the full amount required to be paid to all displaced �thetsluhaser of the park and on costs and other compensation to be paid to all displaced reby park owner and pur by the City shall not exceed the following percent of the purchase price of the park or the assessed market value of the park,whichever is-greater: Park Owner City Portion (If Needed) Purchase Price/Assessed Value 35% 1U% of the first$299,999 30% 10% of the next$100,000 25% 10% of the next$100,000 20% 10% of the next$100,000 20% 5% of the next$100,000 20% 0% of any amount over$699,999 The City's portion shall be paid only if the amount required to be paid by the park owner is insufficient to pay all displaced residents the e s�paymenU t.od8.dispIf ed the total amount due to displaced residents exceeds the abovpercent:age residents will be made on a pro rata basis. C. The purchase price of the park includes all consideration received by the park owner including but not limited to cash, buyer's forgiveness of seller's indebtedness, liens, mortgages or other encumbrances paid by buyer on seller's wnebehrl and or special assessments provide the assessed a by buyer. Upon request by the City, the par purchaser complete itemization and documentation of the sale prior to the public hearing. D. Nothing in this section is intended to prevent the City or the ov park owner ental f r ry w bt ising ainig economic assistance in addition to tax increment financing from any g the payment of amounts due to displaced residents. Subd. 10. VERIFICATION OF COSTS. The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner for approval as a condition to the park owner's liability to pay relocation expenses. If the park owner refuses to pay the contract or other verified costs estimate, the park owner shall arrange for relocating the manufactured home and pay the relocation costs identified in Subd.7. lJT-157935 4 Sti155.23 Mar-12-99 11:42am From—KENNEDY & GRAVEN +3379310 T-500 P.07/07 F-692 Subd. 10. PENALTY. A. Any provision of this Section may be enforced by injunction or other appropriate civil remedy. B. The City shall not issue 4 building permit in conjunction with reuse of manufactured home park property unless the park owner has paid reasonable relocation costs and the purchaser of the park has purchased those manufactured homes tendered for sale not less than 30 days after the closing of the park or its conversion to another use. The Park owner shall not have any liability for the payment of any claims made after such date. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the, day of. , 1999_ Mayor of the City of Shakopee ATTEST: City Clerk JIT-157935 5 SIU 55.23 WILLIAM MITCHELL COLLEGE OF LAW Law Clinic March 5, 1999 Mr. James J. Thomson Shakopee City Attorney Kennedy& Graven 470 Pillsbury Center Minneapolis, MN 55402 Dear Mr. Thomson: Thank you for forwarding the changes to the proposed Shakopee manufactured home park closing ordinance. On behalf of All Parks Alliance for Change (APAC) and the Valley Haven park residents they represent, I would like to offer the following comments: Page 3, subdivision 9,A Cap on payments. I understand that the city wishes to assess the park owner or purchaser 20%if tax increment financing is used. Valley Haven Residents have no objection to that contribution. However,they understood from previous meetings that if TIF was used, residents would be fully compensated for the market value of their homes. Section B identifies what will occur if TIF is not used, or is insufficient. While it is helpful to have a contingency plan, residents want to have the goal that TIF resources be fully utilized recognized in the ordinance. Page 4, B. Percentage scale: Residents are very pleased to see that the City of Shakopee offered to make a financial commitment to help ameliorate the heavy financial burden residents will suffer in the event of a park closing. Residents anticipate that most of their homes would not be able to be relocated. Because of the age of the homes, and the lack of space in other parks, Valley Haven homes would need to be bought out. To adequately compensate residents for displacement, they would like to see the percentage amount the owner must pay increased to 40% in the first category, 35% in the second category, 30% in the third category, 25% in the fourth and 20% thereafter. Residents would like to have the portion the city is willing to commit increased to 15% for the first category, and then drop to 10% for the next 2 categories,then 5% for the next two categories, and then 0% for any amount of$700,000 or more. In calculating the math for the currently proposed percentage scale, I discovered a substantial incentive for the park owner to obtain a slighter higher price that is just over the demarcation point. For example, if the currently proposed scale is used,the park owner's responsibility would be approximately $3,387.08 per resident if he sold it for$299,999 (at 35%) but only $2,903.22 if he sold it for a dollar more, $300,000 (at 30%). Multiply this $483.86 by 31 homes and one finds 875 Summit Avenue i St.Paul,Minnesota 55105-3076 I (651) 290-6351 I Fax: (651) 290-6407 I wwwwmitchell.edu Equal Opportunity,Affirmative Action Employer Mr. Jim Thomson, page 2 that a one dollar sales price increase would give the park owner a windfall of approximately $15,000. To avoid this problem, the purchase price percentage scale should state that it is cumulative, similar to how income taxes are calculated. The lower percentage in the next category should apply only to the amount over the price demarcation. Applying this to a sample sales price of $301,000 shows: ($299,999 x 35% =$104,999.65), +($1,001 x 30% =$300.30) ,_ $105,299.95 31 or approximately $3,396.77 per resident. The proposed chart would be revised as follows: Park Owner City (If Needed) Total purchase price/ assessed value 40% 15% of the first$299,999 35% 10% of the next $100,000 ($300,000 -$399,999) 30% 10% of the next $100,000 ($400,000 -$499,999) 25% 5% of the next $100,000 ($500,000 - $599,999) 20% 5% of the next$100,000 ($600,000 - $699,999) 20% 0% of the next$100,000 or more ($700,000+) Page 4, C. Thank you for including the language defining the total purchase price of the park. Considering that the property was last sold for just over half its tax assessed value, it gives residents much relief to know that the complete amount of the sale will be used to determine what percentage residents will receive. However, residents would rather have the last line of that paragraph read, "The park owner and purchaser shall provide the city with a complete itemization and documentation of the details of the sale prior to the public hearing." Since so much of the financial compensation owed to residents depends on the total purchase price, it is important to have accurate information early on in the closing process. Other Points of Clarification 1) Page 3, letter B. Residents felt that this section was unclear. Residents understand that they can be compensated only for relocation costs that they actually incur. I understand this section is intended to address rent "concessions" paid by the park owner or owner of another park. I suggest the language be slightly revised as follows: "Any payment made on behalf of a displaced resident by the park owner, or purchaser, or owner of any manufactured home park to which the displaced resident voluntarily moves, shall not be calculated in the amount the owner or purchaser must pay in relocation expenses." 2) Page 4, Subd 10 Verification of costs. Residents would like to have the last sentence deleted. "If the park owner refuses to pay the contract or other verified costs estimate, the park owner shall arrange for relocating the manufactured home and pay the relocation costs identified in Mr. Jim Thomson, page 4 c: Mayor Jon Brekke Ms. Deb Amundson, Council Member Ms. Jane DuBois, Council Member Mr. Cletus Link, Council Member Mr. Bob Sweeney, Council Member Mr.Mark McNeill, City Administrator Mr. Jim Paist& Ms. Miriam Wyman, APAC Valley Haven Residents' Committee Mr. Mark Lambert, Counsel for Park Owner Mr. Jim Thomson, page 3 subd 7." This gives the park owner a strong incentive to deny legitimate cost estimates and hire his/her own moving company, instead of allowing residents to use a company they have chosen based on expertise or trust to safely move their home. 3) Page 1, subd. 1: Residents identified a technicality in the ordinance that may raise concerns later about whose responsibility it is to pay for relocation costs or compensation for those homes that must be bought out. The second sentence states that the "park owner is to pay reasonable relocation costs and the park purchaser to pay additional compensation to residents." However on page 3, subd. 8 the third sentence states that "the purchaser or the park owner shall pay such (additional) compensation upon transfer of the home."Residents understand that the current owner or the purchaser could negotiate as part of the sale which party will compensate the residents. However, they would like the language of the ordinance to be consistent, so there is no confusion about who pays which costs in the event of a closing. In light of this concern, I would propose that subd. 1 be amended to read: "The purpose of this section is to require park owners or purchasers of manufactured home parks to pay displaced residents reasonable relocation costs and additional compensation, and where possible, to provide tax increment funds by the City to assist the park owner or purchaser in the payment of these costs,pursuant to the authority granted under Minnesota Statutes, Section 327C.095." 4) Page 3, subd.8 B. The last sentence states that "Payment for double—wide manufactured homes shall be in an amount equal to twice the average relocation costs paid owners of single wide manufactured homes." The ordinance uses the term"relocation costs" when it really means additional compensation costs for a buy out, not physically relocating the home. I would suggest that the language be amended to delete "relocation" in the that sentence and replace it with "compensation." I will follow up this letter with a phone call to you and Mr. McNeill, City Administrator. Valley Haven residents and APAC appreciate the time and diligent effort that you have put in to this ordinance process. We hope that these last few details can be made to the ordinance to assure residents that their interests will be protected in the event of a park closing. Sincerely, WILLIAM MITCHELL LAW CLINIC athrine P. Nemmers Certified Student Attorney oft::::3—. id° Peter Knapp Supervising Attorney MEMORANDUM TO: Mayor and City Council FROM: James Thomson DATE: March 16, 1999 RE: Manufactured Home Park Closing Ordinance Agenda Item 15.E.1 Enclosed is a March 15, 1999 letter from Mark Lambert, the Attorney for the Park owner in which he addresses a revised formula for determining the monetary cap on payments to the residents. Also enclosed is a revised version of subdivision 9B in the ordinance, which I will explain at the council meeting. The revised version is based on Mr. Lambert's proposal, except that a 7.5% factor, rather than a 5% factor is used if the sales price for the park exceeds $299,000. The following chart summarizes the various proposal that have been received from the residents and the park owner: Payment Can Park Sales Residents' Residents Park Owner Price Proposal #1 Proposal #2 Proposal 3/15/99 (Modified) $299,999 $104,999 $104,999 $104,999 300,000 90,000 105,000 112,500 350,000 105,000 119,000 116,500 399,999 119,999 134,999 119,999 400,000 100,000 135,000 120,000 480,000 120,000 154,000 126,000 499,999 124,999 159,999 127,499 599,999 119,999 179,999 134,999 600,000 120,000 180,000 135,000 700,000 140,000 200,000 140,000 JJT-159850 SH155-23 U3/113/!39 1L:41 r'AX bbl LLJ 5:116 LA Wr'rl'.LS u.. LAMBERT & ASSOCIATES FIasrAR BMW BUILDING 101 EAST FIFTH ST.,SUITE 910 ST.PAUL MN 55101-150'S MARX W.LAMBERT PRONE(651)224-4741 ATTORNEY AT LAW FAX: (611)2336311 DIRECT:(Ml)2334493 March 15, 1999 Mr. Mark McNeil City of Shakopee 129 Holmes Street South Shakopee,MN 55155 Mr. Tim Thomson City Attorney Kennedy&Graven 470 Pillsbury Center Minneapolis,MN 55402 Re: March 11, 1999 draft of Park Closing Ordinar.ce Dear Mr. McNeil and Mr. Thomson: Pursuant to earlier letter today, please find for you review, a revised formula winch is my Yy Y+� intended to address the problem found in the previous formula: Purchase Price/ Park Owner City(if needed) Assessed Value SO-$299,999 35% 10% 5300,000-5599,999 590,000+5% 10% S600,0004699999 20% 5% Over$100,000 20% 0% The results of this formula compared to the previms ver cns (2/25/99 and 3/11/99) are diagramed on the attached graph. As you can see,the results more closely match the desired intent of a graduated scale. If you have any additional questions, feel free to contact me at your convenience. Very Truly Yours, LAMBERT&ASSOCIATES Mark W. Lambert cc: Phil Johnson Katherine Nem ers Miran Wyenm uJ/inia 14: 41 rAA nol ).40 Law urr.ttr.a ATTACHMENT 35 �---�- 11/99 Draft 30 - 3/15/99 Draft 25 2/25/99 ?haft 20 -- 15 10 5 $100K $200K $300K $400K $500K $600K $700K Subd. 9. CAP ON PAYMENTS. A. If tax increment financing is used to assist in the payment of the relocation costs and other compensation required by this Section, the park owner and purchaser of the park shall be required to pay relocation costs and other compensation that do not exceed 20% of the purchase price of the park or the assessed value of the park,whichever is greater. B. If tax increment financing is not used or if such financing is not sufficient to pay the full amount required to be paid to all displaced residents, the total relocation costs and other compensation to be paid to all displaced residents by the park owner and purchaser of the park and by the City shall not exceed the following percent of the purchase price of the park or the assessed market value of the park,whichever is greater: Park Owner City Portion(If Needed) Purchase Price/Assessed Value 35% 10% 0- $299,999 $90,000+7.5% 10% $300,000-$599,999 $90,000+7.5% 5% $600,000-$699,999 20% 0% over$700,000 The City's portion shall be paid only if the amount required to be paid by the park owner is insufficient to pay all displaced residents the total amount required by Subdivisions 7 and 8. If the total amount due to displaced residents exceeds the above percentages, payments to displaced residents will be made on a pro rata basis. C. The purchase price of the park includes all consideration received by the park owner including but not limited to cash, buyer's forgiveness of seller's indebtedness, liens, mortgages or other encumbrances paid by buyer on seller's behalf, or special assessments paid or assessed by buyer. Upon request by the City, the park owner and purchaser shall provide the City with a complete itemization and documentation of the sale prior to the public hearing. D. Nothing in this section is intended to prevent the City or the park owner from obtaining economic assistance in addition to tax increment financing from any governmental entity to assist in the payment of amounts due to displaced residents. Subd. 10. VERIFICATION OF COSTS. The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner for approval as a condition to the park owner's liability to pay relocation expenses. If the park owner refuses to pay the contract or other verified costs estimate, the park owner shall arrange for relocating the manufactured home and pay the relocation costs identified in Subd. 7. JJT-159842 4 SH155-23 LAMBERT & ASSOCIATES FIRSTAR BANK BUILDING 101 EAST FIFTH ST.,SUITE 910 ST.PAUL,MN 55101-1808 MARK W.LAMBERT PHONE:(651)224-4741 ATTORNEY AT LAW FAX: (651)223-5318 DIRECT:(651)223-5493 March 15, 1999 Mr. Mark McNeil City of Shakopee 129 Holmes Street South Shakopee,MN 55155 Mr. Jim Thomson City Attorney Kennedy&Graven 470 Pillsbury Center Minneapolis,MN 55402 Re: March 11, 1999 draft of Park Closing Ordinance Dear Mr. McNeil and Mr. Thomson: Pursuant to my earlier letter today,please find for your review, a revised formula which is intended to address the problem found in the previous formula: Purchase Price/ Park Owner City(if needed) Assessed Value $0-$299,999 35% 10% $300,000-$599,999 $90,000+5% 10% $600,000-$699,999 20% 5% Over$700,000 20% 0% The results of this formula compared to the previous versions (2/25/99 and 3/11/99) are diagramed on the attached graph. As you can see,the results more closely match the desired intent of a graduated scale. If you have any additional questions,feel free to contact me at your convenience. Very Truly Yours, LAMBERT &ASSOCIATES Mark W. Lambert cc: Phil Johnson Katherine Nemmers Miram Wyeman ATTACHMENT 35 11/99 Draft 30 3/15/99 Draft 25 2/25/99 Draft 20 15 10 5 0 $100K $200K $300K $400K $500K $600K $700K CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Amendments to the Tobacco Regulations DATE: March 4, 1999 INTRODUCTION: Attached for City Council consideration is Ordinance No. 542, amending the current tobacco regulations. BACKGROUND: At their regular meeting on March 2, 1999, Council discussed the adoption of the attached Ordinance No. 542, after hearing comments from interested parties. A copy of the February 23, 1999, staff memo is attached, for reference. During the discussions an issue was raised by City Council relating to prohibiting persons under 18 from entering off-sale liquor establishments without being accompanied by a parent. This addition to the drafted ordinance would parallel the proposed regulations allowing self-service merchandising in tobacco stores that derive at least 90 percent of their revenue from tobacco, tobacco products or tobacco related devices and which also prohibit persons under 18 from entering the premises. The City Attorney has determined that the city code already addresses the issue raised by the Council at the March 2nd meeting. Under the current liquor regulations (Sec. 5.08, Subd. 4. , page 492) , attached, persons under the age of 18 are already prohibited from entering a licensed liquor establishment unless in the company of a parent or guardian. Since persons under 18 are already prohibited from entering a licensed liquor establishment unless in the company of a parent or guardian, the attached ordinance presented to City Council on March 2nd needs no further revision. On March 2nd, City Council heard no objections to the two other amendments contained in the attached ordinance: 1) allow self-service merchandising in retail stores that derive at least 90 percent of their revenue from tobacco, tobacco products or tobacco related devices and which cannot be entered at any time by persons younger than 18 years of age unless accompanied by a parent, and Amendments to the Tobacco Regulations March 4, 1999 Page -2- 2) requiring 30 days mailed notice to licensees only when substantial amendments to the tobacco regulations are being proposed. Also attached for Council information is a memo from the Chief of Police regarding the penalties for possession of tobacco by minors. RECOMMENDATION: If the current language contained in the city code, prohibiting persons under the age of 18 from entering liquor establishments, addresses the concern that was raised by City Council on March 2nd, City Council could consider the adoption of Ordinance No. 542. Both Mr. John Bernstein, Shakopee Valley Liquors, and Ann Crawford, Health Promotions Coordinator, St. Francis Regional Medical Center, have been advised that this item will be on the March 16, 1999, City Council agenda. ALTERNATIVES: 1. Adopt Ordinance as drafted 2. Amend Ordinance and then adopt it 3. Table Ordinance for further information or drafting RECOMMENDED ACTION: If Council concurs with alternative 1: Offer Ordinance No. 542, Fourth Series, An Ordinance Relating to the Sale of Tobacco, Tobacco Products, and Tobacco Related Devices and Amending Portions of Section 6.23 of the City Code, and move its adoption. ra:/tIAL, r)./%3, Jud- S. Cox, C. y Clerk i:\clerk\judy\cc-memos\march-99\tobacco.18 Fero-24-99 03:54pm From—KENNEDY & GRAVEN +3379310 T-8Z9 P.OZ/OZ F—b44 r ORDINANCE NO. 641 FOURTH SERIES AN ORDINANCE RELATING TO THE SALE OF TOBACCO, TOBACCO PRODUCTS, AND TOBACCO RELATED DEVICES AND AMENDING PORTIONS OF SECTION 6.23 OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,ORDAINS: Section 1 - Section 6.23 , Subd.7 of the City Code of Shakopee is amended to read: Subd.7. Self-Service Merchandising. It shall be unlawful for a licensee to allow the sale of _ tobacco, tobacco products or tobacco related devices through self-service merchandising. All tobacco, tobacco products and tobacco related devices shall either be stored behind a counter or other arca not freely accessible to customers without the intervenuon of a store employee. This subdivision shall not apply to retail stores that derive at least 90 percent of their revenue from tobacco, tobacco products or tobacco related devices and which cannot he entered at any time by persons younger than 18 years of age unless accompanied by a parent. This subdivision shall not apply to self-service merchandising of cigars at an establishment holding an off-sale intoxlcattna liquor license. Section 2—Section 6.23, Subd. 15 of the City Code of Shakopee is amended to read: S4hd. 15. Amendment. The city clerk shall make reasonable efforts to send the Scott County Comm unity Health Services and all tobacco retailers thirty days mailed notice of the City's intention to consider a substantial amendment to this Section. Section 3-Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk irc-1587u7 SII155-23 CITY OF SHAKOPEE Memorandum To: Mark McNeill City Administrator From: Dan Hughes Chief of Police t,f Date: March 3, 1999 Subject: Possession of Tobacco by Minor Penalties The city ordinance and state statute identify possession of tobacco products by a person under the age of 18 as a petty misdemeanor. A petty misdemeanor is defined by statute as a petty offense prohibited by statute, which does not constitute a crime and provides for a sentence of not more than $200 which may be imposed. The Scott County Attorney diverts first time offenders to a voluntary STOP program. If the juvenile elects to attend the stop smoking classes they pay a fee of$35. If the juvenile chooses not to attend the STOP program they are then referred to juvenile court. The Scott County District Court is aware of the diversion opportunity available to juvenile offenders. The Court assumes that by the time the juvenile offender gets to court it is for a second offense or they refused the diversion program. The Court Administrators Office reports a $70 fine is most often imposed for a second offense. §5.08 B. Minor to consume alcoholic beverages except in the household of the minor's parent or guardian, and then only with the consent of such parent or guardian. Subd. 2. Purchasing. It is unlawful for any: A. Person to sell, barter, furnish, or give alcoholic beverages to a minor unless such person is the parent or guardian of the minor, and then only for consumption in the household of such parent or guardian. B. Minor to purchase or attempt to purchase any alcoholic beverage. C. Person to induce a minor to purchase or procure any alcoholic beverage. Subd.3. Possession. It is unlawful for a minor to possess any alcoholic beverage with the intent to consume it at a place other than the household of the minor's parent or guardian. Possession of an alcoholic beverage by a minor at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian. Subd.4. Entering Licensed Premises. It is unlawful for any minor, as defined in this Chapter, to enter licensed premises for the purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any person who has attained the age of eighteen years to enter licensed premises for the following purposes: (1) to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; (2)to consume meals; and (3) to attend social functions that are held in a portion of the establishment where liquor is not sold. Jt is unlawful for a licensee to permit a person under the age of eighteen years to enter licensed premises unless attending a social event at which alcoholic beverages are not served, or in the company of a parent or guardian. Subd.5. Misrepresentation of Age. It is unlawful for a minor to misrepresent his or her age for the purpose of purchasing an alcoholic beverage. Subd.6. Proof of Age. Proof of age for purchasing or consuming alcoholic beverages may be established only by a valid driver's license, a Minnesota identification card, or, in the case of a foreign national, by a valid passport. (Ord. 198, July 24, 1986; Ord. 226, August 27, 1987; Ord. 337, July 23, 1992) SEC.5.09. FINANCIAL RESPONSIBILITY OF LICENSEES. Subd. 1. Proof. No beer, wine or liquor license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes by filing: A. Evidence of financial responsibility as required by State law is furnished by filing a liability insurance policy, a certificate of such insurance or a binder for such coverage in the form and in the amount and conditioned all.as required by Minnesota Statutes, Section 340A.409, Subdivision 1 (1)in force and effect at the time of filing the license application. B. A bond of a surety company with minimum coverages as provided in Subparagraph A of this Subdivision; or, pepe revised in 1997 492 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tobacco Regulations DATE: February 23, 1999 INTRODUCTION: City Council is asked to consider adopting the attached ordinance amending the current tobacco regulations. BACKGROUND: On June 2, 1998, the City Council conducted a public hearing on amending the City's tobacco regulations. After making changes to a draft ordinance, modeled after the Scott County ordinance, staff was directed to prepare a final ordinance for Council consideration. On June 16, 1998, City Council adopted Ordinance 519 setting forth the current tobacco regulations and repealing those adopted in 1995. During the discussions on amending the tobacco regulations, staff was contacted by an individual interested in coming into Shakopee and opening a tobacco store. That individual was questioning whether or not all tobacco products must be behind a counter when the whole store would be dealing with tobacco products. He was advised that the Scott County tobacco ordinance being discussed did in fact have an exception for establishments that only sell tobacco related products and who prohibit anyone under eighteen (18) from entering the establishment unless accompanied by a parent. It was anticipated that this language would be incorporated into the City's ordinance. For whatever reason, that language was not incorporated into the new City tobacco ordinance. Based on the understanding that the previously mentioned exception was in place, a second individual interested in opening up a tobacco store in Shakopee was advised that he did not have to have all of his tobacco related products behind a counter as long as anyone under eighteen (18) was prohibited from entering the establishment. There are currently two licensed tobacco establishments in Shakopee that restrict their patrons to persons over 18 and who sell self-service tobacco merchandise. Tobacco Regulations February 23, 1999 Page -2- During a recent tobacco compliance check it was brought to staff's attention that these establishments are not in compliance with the City code which does not allow self-service merchandising of tobacco products. Both State law and Scott County do provide for an exception to the prohibition of self-service merchandising for establishments that sell only tobacco-related products and limit access to persons over eighteen (18) years of age unless accompanied by a parent. On January 19, 1999, this was brought to the attention of City Council. At that time a public meeting date was set for March 2, 1999, to consider amending the City's tobacco regulations. The Tobacco Warehouse, located in the new City Center, also sells T-shirts, magazines and cappuccino. They have asked that the exception/amendment not be limited to exclusive tobacco stores. Instead, they have asked that the amendment allow self service merchandising in establishments that derive at least 90% of their sales from tobacco-related products. This language would actually be consistent with State law. The Scott County ordinance is more restrictive because its exemption for self-service sales only applies to stores that sell nothing other than tobacco related products. Valley Liquor, located in the Shakopee Town Square, has also asked for an exception to allow self-service merchandising of cigars. They desire to locate their cigars on their counter for their customers to see. State law does allow this exception permitting self-service merchandising of "cigars". The attached ordinance is drafted to accommodate the requests of the owners of both Tobacco Warehouse and Valley Liquor. Pursuant to the City Code, all tobacco licensees were provided 30 days notice that the City Council would be discussing amendments to the tobacco regulations at their meeting on March 2, 1999. In addition to the two previously mentioned amendments, the licensees were notified that City Council would also be considering a change that would only require the thirty days mailed notice when there is a substantial amendment being proposed. ALTERNATIVES: After hearing comments from interested parties: 1. Adopt the ordinance as drafted. 2. Amend the ordinance and adopt it as amended. 3. Table for additional information. Tobacco Regulations February 23, 1999 Page -3- RECOMMENDED ACTION: If City Council desires to amend the current tobacco regulations as drafted: Offer Ordinance No. 542, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 6, Other Business Regulation and Licensing, Sec. 6.23, Tobacco, Subd. 7. Self-Service Merchandising and Subd. 15. Amendment, and,move its adoption. fit,f1,fig . Ju S. Cox, Ci Clerk i:\clerk\judy\cc-memos\march-99\tobacco.exc Walla UMW, .............................. 1102 Shakopee Town Square♦Shakopee,MN 55379 Phone 445-5211 January 19, 1999 City of Shakopee 129 Holmes St. Shakopee, MN 55379 Dear Mayor and City Council, After some lengthy conversations with a council person and Judy Cox I've been informed of your intent to amend the local tobacco ordinance because of the"so called"tobacco stores. I respectfully request that you would include the local Off Sale liquor stores in the amendment because of their adult or 21 year old and older status. Thank you for your consideration in this matter. Sincerely, John Bernstein owner,Valley Liquor Inc. JANj 9 1999 CITY OF SHAKOPEE z v _. v <1.) �! 3.r cA r V v cu V 1 # k. v o o cA t f' Ti ff4:1044ki iceti) + c 4 1 � F ,.,,,. 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C, n f-r : n n0 0 -yc o COJ r-r N c N s „ N .7 c n B ;•,,,;,,• o °o=°o dq nD s O N o `° 3 S O 7r =• A N p-q'`G r . ro C oq. „ -0 ch �' n o no 0 z' n °, ,-' a) 0 on o, = d N• r-r p p,1 p 67 C' o To n ,�-F OJ 'Cpi O _ n S- % a C 2 S u,crq C :-+-oH „ co (;:s.) ZS Q. a fD O • ci R C 0 = o G7 n0 oq 7. o, O0 C d a CD = O N v J p = i Position Statement on Cigars Page 1 of 2 CANCER f SE Position Statement on Cigars and Fact Sheet on Cigars American Cancer Society Position Statement on Cigars and the Current Cigar Trend In the past year, a marked upswing in the sale and consumption of cigars has occurred.This has been promoted by film,,television and print media'glamorization' of this dangerous product.Female and male celebrities are portrayed puffing up fat stogies. Clubs, social events and'aficionado' publications havesprung up to capitalize on the fad The basis for this precipitous surge appears, at least in part, to be related by the successful efforts of the American Cancer Society and others to educate the safe about the drastic health effects of cigarettes. Some have come to believe that cigars may be a alternative to cigarettes. The American Cancer Society position on this issue begins with the fact that'There is no such thing as a safe tobacco product.When used as intended by the manufacturers all tobacco products dispense nicotine, foster nicotine addiction and produce serious health effects, including cancer.' • Concentrations of tar and nicotine are much higher in cigars than in cigarettes • Smoke condensates from cigars are as carcinogenic as cigarettes • Cigar smokers have 4-10 times the risk of dying from oral,laryngeal and esophageal cancer as non-smokers • Cigar smokers have a three times higher rate of lung cancer than non-smokers • Cancer death rates among men who smoke cigars are 34%higher then among non-smokers • Cigar smokers are more likely than non-smokers to suffer from persistent coughs, phlegm,and . 1 also face an increased risk of peptic ulcers 1 • Exposure to second hand cigar smoke carries the same risks as exposure to second hand cigarette smoke The American Cancer Society deplores the vicious and misleading tactics of the tobacco industry to gloss over the dangers of cigars in order to promote sales and calls upon the media to exercise restraint in portraying any form of tobacco use as glamorous or in any other manner which might prompt impressionable youth to decide to begin use of tobacco. California Division,Inc. American Cancer Society • CIGAR FACT SHEET • There are several reasons for the recent popularity of cigars, clever advertising in Cigar Aficionado mxgarne, invitation-only smoker nights, and cigar-of-the-month clubs. Cigars fit in with other forms of self indulgence (specialty coffees, microbreweries). Also the lack of http://www.ca.cancer.g/g/services/tobacco/cigar.htrn1 3/7/97 Position Statement on Cigars Page 2 of 2 understanding by the public of the dangers of cigar smoking and celebrity glamorization of cigars have contributed to the mystique. The carcinogens and cancer-producing chemicals found in cigarettes are also bind in cigars (US DHEW 1979). • All tobacco users are 5-10 times more likely to get cancer of the mouth or throat then nonsmokers(Washington Post, 1/10/95, p. 7) • Cancer death rates among men who smoke cigars are 34%higher then among nonsmokers (Newsday, 12/18/95, p.B4). • Cigar smokers have 4-10 times the risk of dying from laryngeal, oral and esophageal cancers as nonsmokers(Eur I Cancer 1993;29A(5);763-6). • Cigar smokers have a three times higher rate of lung cancer than nonsmokers(Journal of NCI, 1985,Vol 73,p 377). • Cigar smokers are more lively than nonsmokers to suffer from persistent coughs, phlegm, and also face an increased risk of peptic ulcers(Amer Jour Pub Health, 11/87,p 1412-16). • Smoke condensates from cigars are as carcinogenic as condensates from cigarettes(US DHEW 1979) • Concentrations of tar and nicotine are much higher in cigars than cigarettes(Prey Med.,Jan 1988; 17(1): 116-128). • Exposure to secondhand cigar smoke carries the same risks as exposure to secondhand cigarette smoke(Washington Post, 1/10/95,p. 7). • 1994 marked the first increase in consumption of cigars since 1970. And in 1994,two billion cigars were sold to 10 million cigar smokers(Cigar Association of American). • Congress did not explicitly include cigars in the 1984 law requiring health warnings on cigarettes, so cigar packages bear no warning from the Surgeon General. • http://www.ca.cancer.org/services/tobacco/cigar.html 8/7/97 Shakopee School Board Superintendent: Robert J. Ostiund limo p EE Kathy Busch, Chair Director of Administrative Servicer Ronald E.Word Anne Tuttle,Vice Chair Director of Business Services: PUBLIC SCHOOLS Jessica Geis, Clerk Robert N. Martin Lori Gillick,Treasurer Director of Curriculum&Instruction: District Office Todd Anderson, Director Kenneth A.Rood Mary Romansky, Director Director of Special Services: Steve Schneider, Director Lee-Ann Sanborn March 9, 1999 Sharon Luth Project Coordinator Project for a Tobacco Free Future 1037 Vista Ridge Lane Shakopee,MN 55379 Dear Sharon: In a recent conversation you indicated that the Shakopee City Council was considering changes in its tobacco ordinance. One potential change concerned allowing the sale of cigars on a self-service basis as opposed to behind the counter. As a participant in the Project for a Tobacco Free Future, our school district has access to data collected in all 15 participating districts on the tobacco use of 8th,9th and 10th grade students. The following is a quote from the data: "Students also reported experimentation with other forms of tobacco (in addition to cigarettes). Thirty-five percent of all respondents is all TFF (Tobacco Free Future) communities have tried a cigar at least once, while 22%have tried chewing tobacco or snuff." Given the growing use of cigars by teenagers,the Shakopee Schools supports your efforts to maintain an ordinance that makes access to all tobacco products as difficult as possible for Shakopee teenagers. Sinc- ely, /at14.-ee It J. ;stlund Superintendent of Schools RJO/ph 505 South Holmes • Shakopee, MN 55379 (612)496-5000 • fax: (612)445-8446 ALL SCHOOLS ACCREDITED BY THE NORTH CENTRAL ASSOC A""CN AN EQUAL OPPORTUNITY EMPLOYER IS: E. 3. CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: VIP Connection Charge - Supplemental DATE: February 23, 1999 • Introduction Council direction on future connection charges for the VIP Interceptor is requested. Background When phase one of the VIP interceptor was built to CR 17, there was about $112, 000 of oversizing costs that were not assessed but held aside for a future connection. charge in areas not currently in the city limits. In 1995, these costs plus interest to 1995 were established as a connection charge for the benefited area. Unpaid connection fees have not been accruing interest or adjusted for interest since 1995 in accordance with the resolution adopting the fee. Phase two from CR 17 to CR 77 also had the same situation of holding aside about $66, 000 in costs for a future connection charge. However, staff missed these costs when the • connection charge was set up for phase one in 1995 . About 75% of the benefited area has developed and the opportunity to collect with the plat or building permit has passed. This leaves about $16, 000 for potential collection from Stone Meadow and property to the west of Orchard Park West . The construction funds for these two projects have been closed out long ago as well as the debt service funds. There is about $97, 000 in uncollected assessments for these two projects, mainly due to "Green Acre" classification whereby assessments are deferred while the property is "farmed" . Alternatives 1. Do not pursue collection of the phase two connection charge. 2 . Set up a connection charge to recoup the $16, 000 (plus about $9, 000 interest) from undeveloped/no building • property for phase two. Recommendation Collection from the areas already developed would be extremely difficult . The area not developed may have costs and plans in place and an additional connection charge would be a surprise for the owner/developer/builder. Action Discuss and give staff direction. Gregg oxl gg and r . Finance Director C:\gregg\memo\VIP99 r\ CITY OF SHAKOPEE V 'i 4SENT MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Adopting City's 1999 Part-time Employee Pay Plan- Resolution No. 5082 Date: March 9, 1999 INTRODUCTION Council is being asked to adopt Resolution No.5082 , a Resolution approving the City's 1999 Part-time and Seasonal No-Union Employees Pay Plan. BACKGROUND The new part-time employee pay plan includes a cost of living increase of 3% and a change in grade classification for certain positions. Positions in which we are having difficulty recruiting applicants, such as maintenance laborer, lifeguard, water safety instructor and rink attendant, were either moved to a higher pay classification grade or given a grade split increase. RECOMMENDATION Staff recommends the City Council Resolution No. 5082. ACTION REQUESTED If Council concurs with staff's recommendation, then it should, by motion, offer Resolution No. 5082, A Resolution approving the 1999 Part-time Employees Pay Schedule for part-time and seasonal non-union employees for the City of Shakopee, and move for its adoption. A Mark J. cQuillan Parks and Recreation Director RESOLUTION NO. 5082 A RESOLUTION ADOPTING THE 1999 PART-TIME PAY SCHEDULE FOR THE PART-TIME AND SEASONAL NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the City Administrator is hereby authorized to issue warrants upon the City Treasury from and after January 1, 1999,payable to the part-time and seasonal employees of the City of Shakopee, in accordance with the attached 1999 Part-time Pay schedule,with an effective date of January 1, 1999. BE IT FURTHER RESOLVED, that all Resolutions in conflict with this Resolution are hereby repealed and terminated January 1, 1999. 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 Part-Time Pay Plan 1999 Step Step Step Step Title Grade 1 2 3 4 Recreation Instructor M $12.0484 $12.7571 $13.4658 $14.1746 Building Inspector M $12.0484 $12.7571 $13.4658 $14.1746 Engineering Inspector M $12.0484 $12.7571 $13.4658 $14.1746 Snow Plow Operator M $12.0484 $12.7571 $13.4658 $14.1746 Not Used L $11.3026 $11.9675 $12.6323 $13.2972 Not Used K $10.5569 $11.1779 $11.7989 $12.4198 Not Used J $9.8968 $10.4790 $11.0612 $11.6433 Activity Leader I $9.2368 $9.7801 $10.3235 $10.8668 Code Enforcement Officer I $9.2368 $9.7801 $10.3235 $10.8668 Gymnastics Asst. I $9.2368 $9.7801 $10.3235 $10.8668 Pool Manager I $9.2368 $9.7801 $10.3235 $10.8668 Recording Secretary I $9.2368 $9.7801 $10.3235 $10.8668 Engineering Intern H $8.6620 $9.1716 $9.6811 $10.1906 Administrative Intern H $8.6620 $9.1716 $9.6811 $10.1906 Asst Pool Manager H $8.6620 $9.1716 $9.6811 $10.1906 Arena Rink Attendant G $8.0873 $8.5630 $9.0387 $9.5144 Lifeguard/Instructor G $8.0873 $8.5630 $9.0387 $9.5144 Maintenance Laborer G $8.0873 $8.5630 $9.0387 $9.5144 Building Coordinator G $8.0873 $8.5630 $9.0387 $9.5144 Mechanics Helper F $7.5856 $8.0319 $8.4781 $8.9243 Lifeguard E $7.0840 $7.5007 $7.9174 $8.3341 Pool Cashier E $7.0840 $7.5007 $7.9174 $8.3341 Outdoor Rink Attendant D $6.6317 $7.0218 $7.4119 $7.8020 Office Worker C $6.1795 $6.5430 $6.9064 $7.2699 Not Used B $5.7882 $6.1287 $6.4692 $6.8096 Pool Aide A $5.3969 $5.7144 $6.0319 $6.3493 Activity Asst. A $5.3969 $5.7144 $6.0319 $6.3493 3/11/99, 10:10 AM Page 1 /S. E. 6: CITY OF SHAKOPEE CONISEN Memorandum V 1 V G TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Lower Minnesota River Watershed District DATE: March 11, 1999 INTRODUCTION: The Council is asked to appoint Glenda Spiotta of Shakopee as the Scott County representative to the Lower Minnesota Watershed District. BACKGROUND: Scott County recently advertised the availability of a vacancy on the Lower Minnesota WMO Board of Directors in the Scott County Scene and Shakopee Valley News. The position most recently has been held by James Kephart, who did not seek reappointment. A recommendation by the Shakopee City Council is necessary to go to Scott County prior to their approval. Because much of the Scott County portion of this WMO is in Shakopee, usually, a Shakopee resident has served as the Scott County representative. Glenda Spiotta is the only one who responded;her application is attached. I have personally known Ms. Spiotta for several years in her capacity as a shared City Administrator for the Cities of Carver and Sunfish Lake. She has previously served as a representative on the Lower Minnesota WMO Board. I feel she would do an admiral job representing Scott County. RECOMMENDATION: I recommend that Glenda Spiotta be recommended to the Scott County Board for the Scott County representative on the Lower Minnesota Watershed District. If Council concurs, it should, by motion, recommend to the Scott County Board of Commissioners the appointment of Glenda D. Spiotta to serve on the Lower Minnesota WMO. Mark McNeill, City Administrator MM/tiv MAR- 9-99 TUE 15:51 ADMINISTRATION FAX NO. 6124968180 P. 01 rri7-C3-!!`J TUtr 1��U1 •,••• =�on�nvinn eulMeT1On FAX NO. 6124888180P.02 Wb 02 t ' a T NA3tCE; .��ilarit D ��i 74/4"4... ADDRESS; /(� — HOW LONG HAVE YOU LIVED " S"�Id 1zv scow COUNTY? /9 YEARS PHONE: coMMrsSIoNER DISTRIC EMPLOyE� Homo /Z-`�f�( oric 6/?=y�e-6,64'3 OCCUPATION Ci zu.1 r EMPLOYER Ann 'sh A.it k� KESS: Po a / !� -s- ON WHAT CONINuTTRE/ROARD ARE YOU INTERESTED IN SERVING? ~� .4194)ar !i.V /Pi' rte^ • e,ed A' .ARE YOU RELATED TO ANY SCOTT COUNTY COMMISOIVFR OR To ANY DER 4Tv RELATITHE commriTEE� IICfI YOU ARE INTERESTED? IgF SO,OWE IAMB AND SPECIFIC BA,CKOROuNDistams REQUIRED FORMEMB I RI ON COMMIT E/BO�: THIS WHAT BACKC3ROUND, SKILLS,INTERESTS,EXPERIENCES W COM ]TTFFJ$JAP THAT WILL RFLP IN CUA YOUBItIIVG TO iTHIS • �necedsaiy) i- . . ��/ ACHIEVING ITS OBJECTIVES? (Attach add'etioaa! • S a 'G i t, • I Lag 11;:f7 IP:11417; ttt ;S pt ,s Jei vim' W ARE YOU CURRENTLY S�YIl�TC�ON � re �.rJi hq CO TTE EmoARDS'? IF SO,NAME ANY CPO SCOTT ARD: CITIZEN A1�VI30R7� TTARD: RETURNS COMPLETED APPLICATION FORM TO: SCOTT COUNTY OFFICE OF THE ADAwsTRATOR ATTN: RECORDING SECRETARY SCOTT COpNTYCOURTROUSE. ROOM 110 428 SOUTH HOI.1 MS STItr T SHAKOPEE,MN 55379-13p This application will be kept on 5!e for 12 month& Post-ft°Fax Note 7671 Date Tolora ,re7i1missainnisim pa9esr Co,/Dept.; • Co. PhoneN ,:f; Fex# SCOTT COUNTY OFFICE OF THE ADMINISTRATOR Al 14 COURTHOUSE 110 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1382 (612)496-8100 DAVID J. UNMACHT Fax: (612)496-8180 COUNTY ADMINISTRATOR dunmacht@co.scott.mn.us http://www.co.scott.mn.us February 23, 1999 Mr. Mark McNeill Shakopee City Administrator 129 South Holmes Shakopee, MN 55379 Re: Appointment of Manager to the Lower Minnesota River Watershed District Board Dear Mr. McNeill: Pursuant to Minnesota Statute §112.42 and the Scott County policy on Citizen Appointments to Scott County Advisory Boards and Committees, the Board of Commissioners of Scott County is requesting your nominations for the appointment of a manager to the Lower Minnesota River Watershed District Board of Managers. On March 22, 1999, the term of James Kephart on the Board of Mangers will expire. Mr. Kephart has indicated that he does not wish to serve an additional term on this Board. In accordance with Minnesota Statute §112.42, no person shall be appointed who is not a voting resident of the watershed district, and none shall be a public officer of the County, State, or Federal government, except that a soil and water conservation district supervisor may be appointed as a manager. The Board of Commissioners requests that you submit your recommendations for this appointment as soon as possible. Please contact your County Commissioner or submit your recommendation to this office. Thank you for your attention to this matter. Sinc y, D vid J. Unmacht ounty Administrator cc: County Commissioners Lower Minnesota River Watershed District Office An Equal Opportunity/Safety Aware Employer ) 5, E , , Cow CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Public Works Labor Contract Ratification DATE: March 11, 1999 INTRODUCTION: The Council is asked to take action to formally ratify the 1999-2000 contract with the Public Works Union. BACKGROUND: As a result of action following a closed session at the February 16th City Council meeting,the Council agreed in concept to a number of modifications to the Public Works labor contract. At that meeting, it also approved submission of a reporting form that is required by the State that is required to be submitted upon settlement. The actual motion approved by the City Council was to agree in concept to the changes. That action was with my recommendation that the formal contract would be brought back for Council approval when the language changes could be made in the actual contract document. In order to follow up on the action which was approved by the Council at the February 16th meeting,the Council should ratify the contract at this time. A copy of the contract, including the highlighted changes, is attached. RECOMMENDATION: We recommend that the Council ratify the Public Works contract as presented. ACTION REQUIRED: If the Council concurs, it should,by motion,ratify the 1999-2000 contract with Teamsters Local 320 (Public Works). 11444. `IAN ia Mark McNeill City Administrator MM:tw LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Public Works Fffe . :of < • • ,. ; .2000 *W.":• .s*""'• INDEX Page ARTICLE I. PURPOSE OF AGREEMENT 1 ARTICLE II. RECOGNITION 1 ARTICLE III. DEFINITIONS 1 ARTICLE IV. EMPLOYER SECURITY 2 ARTICLE V. EMPLOYER AUTHORITY 3 ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE 3 ARTICLE VII. UNION SECURITY 5 ARTICLE VIII. SAVINGS CLAUSE 5 ARTICLE IX. WORK SCHEDULE 5 ARTICLE X. OVERTIME 6 ARTICLE XI. CALL BACK 7 ARTICLE XII. LEGAL DEFENSE 7 ARTICLE XIII. SUBCONTRACTING WORK 7 ARTICLE XIV. DISCIPLINE 7 ARTICLE XV. SENIORITY 8 ARTICLE XVI. PROBATIONARY PERIODS 8 ARTICLE XVII. SAFETY 8 ARTICLE XVIII. JOB POSTING 8 ARTICLE XIX. INSURANCE 9 ARTICLE XX. HOLIDAYS 9 ARTICLE XXI. VACATIONS 9 ARTICLE XXII. SICK LEAVE 9 .}`.... f .. , 3 ::; b ` .' ` J.4✓ i \.iry•.fg ~••. ` is} • •:;.:;'F,:;k ARTICLE XXIV. SEPARATION PAY • 10 ARTICLE XXV. INJURY ON DUTY 10 ARTICLE XXVI. COVERALLS/UNIFORMS 11 ARTICLE XXVII. REPLACEMENT 11 ARTICLE XXVIII. REQUIRED LICENSES 11 ARTICLE XXIX. WAGES 11 ARTICLE XXX. WAIVER 11 ARTICLE XXXI. DURATION 11 APPENDIX A.& B. WAGES 13 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is entered into between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union, the intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties, and; 1.4 Place in written form, the parties agreement, upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subd. 14 in an appropriate bargaining unit consisting of the following job classifications: Mechanic Maintenance Worker ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 EMPLOYER: The City of Shakopee 1 3.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 3.7 OVERTIME: Effective July 1, 1992 overtime shall be defined as follows: Any employee working more than 40 hours in a seven day period is to be paid at the overtime rate for the time worked which exceeds 40 hours. Time worked shall include hours actually worked and hours compensated for, including vacation, sick and comp time taken. Payment is not to be made for time which is taken without pay. 3.8 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 3.9 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensations or the rights, privileges or obligations of employment. ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his/her duties without permission from his/her Employer on the date or dates when a strike occurs is prima facia presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re-employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, as he/she may have therefore been entitled. 2 4.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representatives. The employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 6.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union Representative have notified and received the approval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure. Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure. Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the 3 remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered' waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days following the Employer- designated representative's final Step 2 answer shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step.3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms of this Agreement. The arbitrator shall consider and decide only the specific issue (s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 4 C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union, in each step. :M•"` q.$ ,y a. o- x , ,.:.yo- 7'.j;:.,:: .:t•. Fy,»..r :{{i+v ,fof 7 sr•ii OW. •'Gf+k.`,•` •x ARTICLE VII. UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 7.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the Wages of all employees authorizing in writing such deduction or a "fair share" deduction, as provided in Minnesota State Statute 179.65, Subd. 2, if the employee elects not to become a member of the Union. 7.2 Remit such deduction to the appropriate designated officer of the Union. 7.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 7.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE IX. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday. S 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 6:00 AM to 2:00 PM schedule between Memorial Day and Labor Day, and 6:30 AM to 2:30 PM the remainder of the year. The Employer will give two weeks advance notice to the employees affected by the permanent establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless circumstances prevent him from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVERTIME 10.1 Overtime, as derined in 3.7 will be compensated at the rate of time and one-half (1 1/2) and will be paid in cash or in compensatory time off, as determined by the City Administrator. 10.2 Overtime shall be distributed as equally as practicable by an established seniority list for the department used as a rotating overtime call list. Overtime refused by an employee will, for record purposes, be considered as unpaid overtime work. No prior notice is required for overtime because much of it is of a "call out" nature requiring immediate response. Employees contacted under the above policy to work overtime, but refusing it because of illness, will not be recorded as worked. Also, employees who would be contacted but are on vacation will not be recorded as having worked when called for overtime work. Overtime will be offered to seasonal employees only if full-time employees are contacted and do not want it. 10.3 Overtime refused by employees will, for record purposes under Article 10.2, be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.5 The employees will be compensated at the rate of time and one-half (1 1/2) for so working. 10.6 The City will allow up to 80 hours of accumulation of comp time between December 1 and Memorial Day of each year. Employees shall endeavor to reduce accumulated comp time to;;.a base 40 hours maximum by Memorial Day. Comp time hours which remain in excess of forty after Memorial Day will be purchased by the City. 6 ARTICLE XI. CALL BACK TIME An employee who is called in for work at a time other than his normal scheduled shift will be compensated for a minimum of two (2) hours at the rate of time and one-half and will be paid in cash or incompensatory time-off, as determined by the City Administrator. ARTICLE XII. LEGAL DEFENSE 12.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisors, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII. SUBCONTRACTING WORK Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ,%,,,; :•'. - :o- ;,L,� ........},;,yr;,f.,...,..,.... i%f \i::}:Ax;:3.L:,+m;xx",, 'ti'}..Yr./•: ;';.'•:�:, \'`:•C9;'..C:; ;�i�;j , .,.,••Y..,: "":' ; '' ++ i,.,:}}x:}Ytift2{•:;:$.?. }.'f.; }{:., \.,,{.:::::`•�:.{::.•{,'{.,+:'`''+,.: > .•, .t•:r; ';k$ . .{;::••'i'1.;2;,{}?$p.;•:$::$:: kt:::::::k 1:::" .}•:.. :'}{•,:f,.?:. :a}x f 3: ,'•+`.k ':::x$::. ::x•.: ,v :• fy:.$•}.}':5::$$ :• `'ktiti:v:•;•; '''} 't' 1:S:':v::'�': :Y .fr''„{`•`i' f"$f:r}'t'.'''•. .•'+„• .•�• }Y:{�'fr ':•}x•:ti•}::•:.{i•;++3,:.}:. h •.•7} -v.?, 3 y $ , •...•...\., ../,ff.,.;f...J..tX:;$A. .,.,;{:':.R3:,`•'�:::••,.. :::$?+::.•:.$.,2;•'t•'.'�:'?'•:•.f:::•.,` x.'�G:?fr'�••.:•�,.$5:..�yrv$$4.;}.$$: ::::k.A ••:.•.•.•.•.v.•.•.•}' �;} +'J•.•::$}• f : v.. ••nf.::::.v.3'.. ::}•': ' ::•}.••:rr+x:.}k...:.•:::...,:: '"�44,:,,,,y1 '';. r.....:.. .• i�. �;.... .......•:x r}:+'.. :.+.•.......3.;{:+ ...•}.....:{;••}:•:{;'• + .ti,;.,�i,.;+ff .;..r. .,..Y,•�$,••y.•r,: :: ::2:*.\;,••-0 , :5,,,,tU':'+' V:§.•: ?,:.iA:..r:'•: • •$i'''.' ' . .*,'•.'••:'.'{'• ::;? .: ARTICLE XV. SENIORITY Seniority will be the determining criterion for transfers, promotions, lay-offs, and recalls, only when all other qualification factors are equal. Recall rights under this provision shall continue for 24 months after the lay-off occurs. Recalled employees sh‘l1 have 10 working days after notification of recall by registered mail at the employee's last known address to report for work or forfeit all recall rights. ARTICLE XVI. PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a six (6) month probationary period. 16.2 All employees will serve a six (6) months' probationary period in any classification in which the employee has not served a probationary period. 16.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 16.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the Employer. ARTICLE XVII. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. Safety meetings will be held quarterly. ARTICLE XVIII. JOB POSTING 18.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided the applicants: a. Have the necessary qualifications to meet the standards of the job vacancy; and b. Have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article XVI. Probationary Periods. 18.3 The Employer has the right to final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 18.4 Job vacancies v.•ithin the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. 8 §::*.i, /,f.0 ;r:$'r• k. ...',,,,,,,%,...v......)............�\ •f k** ;4,', :F 'k f ....004%..0f •,`:•`.`•`::`•,:•`.`.;`• ,�,, ;r/'/{?'.,x .k,y. C+. •' •"t•` {:: /x +?. rl .f, ..w,r`'rr;:; f.r> ;.; {.4 '::=K,.; '+'• 'tk :: :), '+'.;•;+:' •k:,%,:!•:tr.;.•. :.n;;/f r; .;fff,•::�`., ,.`;;r{r,. , 'F, .,r '!+A �••\,.'y,c :R`.:r',,,. :h'•: ::*,:-‘;',-;.= ... r s-.6 m 0•a,'„mta ,::: .a ;•••er;�y th2•'a',••i.`;;,`2v'.•M1.'+?;•;y5 •' is f.•.a i1F {•:xa : a a. ,.•� : a x x 9 aha 4' ,o- ...;,..`.•:.:{ » - U-•;••••::% s a r:'.•. • k ; FZ4. 3.,, f 6 A F' r 'ii b F , . R tt ::'VK F ... p fF+ - . -0 a tr oo as c x ..,`•., ''a f{` '+,.:'a fff �? ,e®.'4.*: ,ya rr },.... •fr ''''';.•::::.'. n.:.,,,,,,,./...W.,,,, •+r r}00. +I. zi f .. r'fr:, • a rbc S`,....%:(...;"/":•:::::::,,,, x,.,Fy.,+;,;.,:r•f }; r'N: "a ‹. ,;.1...m ?` x ., °a ' fa+.*�aa, il!: ` It.. -0:rato- r �8 as a w a .:: ap 4 }, ,•2 :x R 0 { 34&•., ../.,,,,,, i6 ,,• F a M FS-0 ,?:.'..,....4,,,,;„• ,. fCtL •fm f } 4SP 'N .F R ;F{} .S:'•'S.,,{ ,ti: \\'`xc •r , 1:',,, : y.,, > •� 'fit *,.{ f c ,,'#'• i' '`''•�„2;'"''' .4 •} or .k . a.: mv0,:„. oto- +F .4 : wFa4 ..dSkk =0=: xc f, . t g :r s{ .,..* x ii:?..,, �y ...��,....0r"{,f`'f,. r.;•.• R.y`f au ,o, :'`f•\F ' F ir'•' if:14:k,•;,`f• •••• r*— }j •:: ";; rf ,'•, ..f L\'Ko- "H,'}f,::,jrx•,;+ ::.....?,:1 • 'y rt: '•'y 4 r:;v.^•.^' ...:::;;;{.,y y<' ti.: ty. •%, ,ti, .+ :^, 'Li"}'�:t:;} "•:;v�,'//; • ,:::*;..:i\ t r • h, :.•.4•0•7/ :h::..4-....,:s r•r�••••avx{{{: •, .• �•:3.r•:r%� '•::::�:<E3' w::•:n.,•�•s�.,w"f»,•%rr •'+''+4`•, ::,:..•:: :,• {� rtrk;, ,:.i::.rte:, ;:dm.+':, ARTICLE XX. HOLIDAYS The Employer will provide the following ten (10) paid holidays: January 1 1st Monday in September 3rd Monday in February 2nd Monday in October Friday before Easter Veteran's Day, November 11th Last Monday in May 4th Thursday in November July 4th December 25th In addition to the above 10 paid holidays, each employee may take one floating holiday to be taken at the request of the employee and approved by the Employer. Said floating holiday is to taken as a holiday during the current year and cannot be carried over to the next year. An employee required to work on a holiday shall be paid or receive compensatory time at the rate of one and one-half (1 1/2) times the employee's base pay, plus the employee's regular rate of pay for the holiday. ARTICLE XXI. VACATIONS Vacation leave shall be earned by the employee at the following rate: 0 - 5 years of employment 10 days 6 - 15 years of employment 15 days 16-20 years of employment 20 days 21 & over years of employment 1 additional day per year up to 25 days at 25 years No more than the amount of vacation leave earned in a calendar year can be carried beyond December 31st into a new calendar year, except in emergencies and exceptional cases to be determined by the City Administrator. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without giving two (2) weeks written notice, and except for reasons of ill health, he shall forfeit his right to all accumulated vacation leave. .a: r' {✓. 't . 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FFF:Y:iate. �c } •::....;%..:, k F v ARTICLE XXIV. SEPARATION PAY Severance Pay: An employee who was a full time employee of the City before January 1, 1980 or who has completed five (5) full years of full time employment with the City of Shakopee and who is separated from his position by retirement, discharge, or resignation shall receive a lump sum payment, an amount to equal one-third the value of all accumulated sick leave calculated on the basis of his/her current salary or wage scale, provided that should any employee resign without giving two weeks written notice, except for reasons of ill health, he/she shall forfeit his/her right to all accumulated sick leave. Retirement Pay: Employees who have honorably separated from the City after working for 25 years or more are entitled to a lump sum separation pay based on the following: 1. The Employee has worked for the City of Shakopee for at least 25 years; 2. Is eligible for a full or reduced pension upon retirement; 3. Shall be a minimum of 55 years of age at the time of retirement. A lump sum payment ent shall be made, based upon the following: 1% for each of the first 15 years of service, plus an additional .2% for each year thereafter, up to a maximum additional 3% (i.e. , if an employee has served for 30 years or more, he or she would receive the maximum lump sum in the amount of 18% of one year's salary. ARTICLE XXV. INJURY ON DUTY Employees injured while on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and workers compensation benefits for a period not to exceed twenty-five (25) working days, in accordance with guidelines set forth in M.S. 176.021, Subd. 5. 10 ARTICLE XXVI. COVERALLS/UNIFORMS The City of Shakopee shall provide one (1) set of coveralls as •needed for each Street and Park employee as determined by the City Administrator. 's;... `•dr.' e55e \. Auto .a�,'..,:o-tir.r.:r..,,R.�4•`a,t\Y•_=♦F.+,p,,'�d.�'•s.�,5a"±a,,.s.s.';,� }}.a_ Gx.. x :J4 fi'4t.•..:;...:.::+'..+:,t:•a''�r::{:y;'•,{a:T:..;s{t.'y1:'.d.; u ..•:t:h•3..';r.:+}r,„vie 4r.d�?v�i+�,,t}•..�. •..\.f,Cr:;'•ti'r.•`:f.,..irr::,:•%•.:i•.':Y•r niir."•:+'c.•.•.�.".'s•.+c {w+.%,{••.:i:..�..}•;..s;yf'y.•;L;'f•f..:,h.,.•»+fy.•r/�%L4•raf'••{Fr.•y.,•f••::,:<.;4.;'.'l•f;:�''v.�}.•+J+•�:•t+"..;t,iy:'++%,4:':'r#::::�.:.:.,:c:.;:3':}i;,i;,'\}•:';KS�.+�lg"-..>:.G�i.::+.;:::.77 �t$,t�'�• 4thfr " ` 4V ,£f•. +iiF{•,`,:'y rr•••�..'r:1:;•t'9•.p•.3::^}��":�.,�,:�3:••vy.i•,•;.:.h•,qJ,s•:ti•S,.''.k,ry +.t {:'•'.:S:.i•va*.'s••.::�f:,{•:..,�.•ati:•{r`r:. v • ok a •lPA /' M��i + x ;;P At!' : •A.,,.1•\.„> 1••‘•••:•,;,','•••• :�� • }4,/, •• r,•':i:,i<:<3 • 0,� �P :�S'``\•4 '' �`.r;4\`. �.•:f '%'f{f•• }w.• ,{ . e.% „�.:{... 4t.:: ,.: .,"•�.`3;. Y 'vf.•�' ::•,:r,:.tz •r.<:,:f ,Nt` :::'' :••.,x.• />ri .r.•:v:•x•:•.: .•r'<,t3xi::�•...}. 4.i'`4 :'”'' +•:t:::::..,i.;r; 1.,.'w:x.•:.3o-'r' S, <,.•:,,,• ..4.: .} ..,r,.'r'`:•`•e,SrJ:'•:;::..'y� .;,{;;+,..:, .t:ffr' ,, i''J' .f :,:'f•. f: ,\ ..h'i''h ,•}:Y vL:'•}:ii:•. .. +44"'',"F,}:i4vv,+'.,+i::•:,F•. ,',+ti✓,•Sr•.'4'�•,+•':ti3;�i `4.....::�:�+'�',hr 3 x`..xi.✓trz8;yy..� •;. �rri/:'moo,. "\C.,k�c�,rfif �4�4''k,.�'"+� rrrnr,6,l:'�,..4a\v:.;...v.J{f..rc• .trs,2:`a,tt�N.•h+r}�.4a4C3y..M::3)iW: ARTICLE XXVII. REPLACEMENT The Employer shall provide reimbursement/replacement of personal property such as glasses when accidentally damaged while on duty. The Employee must submit a written claim within a reasonably prompt time after the incident. Such claim must be verified by the Supervisor. ARTICLE XXVIII. REQUIRED LICENSES The City will pay the difference between a standard driver's license, and CDL driver's license, with required endorsements at the time of renewal. ARTICLE XXIX. WAGES See Appendix A ARTICLE XXX. WAIVER 28.1 Any and all prior agreements, resolutions, practices, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 28.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate, regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge o:: contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE XXXI. DURATION ryJ ,:4ar ti, ,;t.:.;.:.{}'. 4^tii:fr .+%r,..::".,;.}}•• -�r:Vttt+. t::+',..y v,.;i;.}:;:{;}:i. 44:tt.::•,v,tn. i..+ +:r}:+ i:'I.i•,:t•;5;.;•�}:Gy.,i;. vit^i:}k,'• :+.ti••}��}pwr•$+:',:ii iln+,: /iR roDtY L•;:LY pp h Pl .::i:. :.:� •,.+,.,.•,..,.i,.•,.,.,, dti} , vn .3a f,':.',,:.;•:.full •..,., v l}`. ....i kir 'ti;'.:43;.,�,.•;•,•L•• .� •.�]':l vr'F f v 4.::,•; ,...:., n•: .r•: :+.• .•...,•r: .:t:a}ry :?+'•;>r;,\v.:{•+ c,. 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Sw:{\:'J�•✓:�:::::+•:':n+{.n.•i/,+�`::4•e+1 :.Ji .::k:5+.::r♦;++.+.ui 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 19_. FOR THE CITY OF SHAKOPEE FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 Mayor Union Steward City Administrator Local 320 Representative City Clerk 12 APPENDIX A 1999 Public Works Union Pay Schedule Title Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Mechanic E $14.747 $15.273 $15.800 $16.327 $16.853 $17.380 $17.906 $18.433 Park Lead E $14.747 $15.273 $15.800 $16.327 $16.853 $17.380 $17.906 $18.433 Street Lead E $14.747 $15.273 $15.800 $16.327 $16.853 $17.380 $17.906 $18.433 Maint. D $13.849 _ $14.343 $14.838 $15.333 $15.827 $16.322 $16.816 $17.311 2000 Public Works Union Pay Schedule Title Grade Ste 1 Ste 2 Ste, 3 Mechanic Mechanic Ste Ste. S Ste. 6 Ste. 7 E $15.189 $15.731 $16.274 $16.816 $17.35918. 8 Park Lead E $15.189 $17.901 $18.444 $18.986 $15.731 $16.274 $16.816 $17.359 $17.901 $18.444 $18.986 Street Lead E $15.189 $15.731 $16.274 $16.816 $17.359 $17.901 $18.444 $18.986 Maint. D $14.264 $14.774 $15.283 $15.793 $16.302 $16.812 $17.321 $17.830 • APPENDIX B Employees assigned by the Employer as acting Foreperson shall be compensated $.60/hour above the Maintenance Worker step 8 position for the time they are assigned to that position. Assignments shall be for a minimum period of 2 hours. The position shall be assigned at the sole discretion of the Employer. • 13 Memorandum of Understanding Between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local 320 Public Works 1. The City and the Union hereby agree that, as part of the negotiations for the 1999 -2000 labor agreement,that the following individuals shall be placed at the identified steps as of 1/1/99, and shall go to the next step, as applicable, on their employment anniversary date: Name 1/1/99 Step Anniversary Date Dean Bisek Step 3 April 21st Glenn Heyda Step 7 May 8th Joe Honermann Step 7 November 11th Duane Toenyan Step 4 November 25th 2. The City and the Union agree that on June 30, 1999, Glenn Heyda, and Joe Honermann will receive a lump sum payment in the amount of the difference between Step 7 and Step 8, for the number of hours worked between 1/1/99 and their employment anniversary dates. Dated this day of , 1999. CITY OF SHAKOPEE TEAMSTERS LOCAL 320 Jon Brekke, Mayor Janet Straub,Business Agent Mark McNeill, City Administrator Duane Toenyan,Union Steward Judith S. Cox, City Clerk Keith Weckman,Union Steward / S• eI � • 1 CITY OF SHAKO PEE ENT Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Personal Property Tax- Electric Utilities DATE: March 11, 1999 INTRODUCTION: The Council is asked to adopt a resolution opposing a plan by Northern States Power (NSP) and other investor-owned utilities to exempt electrical generating facilities from paying personal property tax. BACKGROUND: For the past two years, NSP and other investor-owned utilities have lobbied the legislature to enact a law which would exempt them from paying personal property tax on electrical generating stations. The rationale cited by the utility companies is that, in this era of electrical deregulation, such an exemption is needed in order to be competitive. The City currently pays dues to belong to a coalition of electrical generating host cities in Minnesota who have banded together to oppose this legislation. Last year, their efforts were successful in at least delaying this, in that the Legislature directed that a study be done. This year, the bill is again alive, and it is possible that it could pass out of the House Regulated Industries Committee with a favorable recommendation. BUDGET IMPACT: From what we can determine, NSP pays about $93,000 in property taxes annually to the City as a result of the peaking plant in east Shakopee, located adjacent to U.S. 169 and just north of the Southbridge development. That comprises about 2.8% of City paid taxes locally- last time this was examined, it had been 6%, but changes in tax rates, and the overall growth of the tax base have reduced its impact. However,this is also in addition to what is paid as property taxes to the County. Overall, Shakopee has 70% of Scott County's personal property taxes payable. RECOMMENDATION: We recommend that a resolution opposing a change in the personal property tax paid by electric utility providers be approved. A similar resolution was approved by the Scott County Board at its meeting on March 9, 1999. If approved, a copy of the resolution will be forwarded to the Scott County Legislative delegation. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the following resolution: A Resolution Opposing a Reduction or Exemption in the Personal Property Tax Paid by Electric Utility Providers. 11,P lAitaiu Mark McNeill, City Administrator cc: Paul Snook RESOLUTION NO. 5088 A RESOLUTION OPPOSING A REDUCTION OR EXEMPTION IN THE PERSONAL PROPERTY TAX PAID BY ELECTRIC UTILITY PROVIDERS WHEREAS,the Minnesota Legislature will be asked to determine the merits of a personal property tax exemption for electric utility providers in the near future; and, WHEREAS, a number of local governments, including Scott County and the City of Shakopee, are reliant upon the revenues garnered through the personal property tax levied upon electric utilities and there respective districts; and, WHEREAS, one of the reasons that this electric generating plant site was approved by the City of Shakopee many years ago was because the understanding that the personal property taxes paid would offset the loss of normal real estate property taxes that would otherwise have been received had the property developed as normal commercial/ industrial; and, WHEREAS, Shakopee property taxpayers would see an immediate increase of at least 2.8% for their City portion of the property taxes, in addition to an increase for Scott County taxes, should any such approval be approved by the Minnesota Legislature; and, WHEREAS, the City of Shakopee must be responsive to the issues of all of its taxpaying entities within the City. NOW, THEREFORE, be it resolved by the Mayor and the City Council of the City of Shakopee, Minnesota, that they officially oppose any legislative action exempting any member of the electric utility industry from paying personal property taxes. 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: Judith S. Cox, City Clerk CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Local Government Sales Tax DATE: March 11, 1999 INTRODUCTION: The Council is asked to approve a resolution supporting the repeal of the State sales tax on local government purchases. BACKGROUND: For the past several sessions, the League of Minnesota Cities has been leading an effort at the Legislature to repeal the 6.5% sales tax on local government purchases. The sales tax was imposed in 1992 when there was a State budget deficit; obviously, the cash flows for the State have significantly improved since then. However, the sales tax remains in place; Minnesota is only one of seven states nationwide which has this taxation. From the best of our estimates, the City of Shakopee pays in the $150,000 to $200,000 range extra to comply with this requirement. That has to be passed along to local taxpayers. RECOMMENDATION: We recommend that the attached resolution be adopted, and that a copy be sent to the City's legislative delegation. ACTION REQUIRED: If Council concurs, it should, by motion, adopt the following resolution: A Resolution Supporting Repeal of the State Sales Tax on Local Government Purchases. (1/Lk-g-AlkyUtilLe' Mark McNeill, City Administrator MM/tiv RESOLUTION NO. 5089 RESOLUTION SUPPORTING REPEAL OF THE STATE SALES TAX FOR LOCAL GOVERNMENT PURCHASES WHEREAS,the Legislature imposed the sales tax on local governments in 1992 when facing a significant state budget deficit; and WHEREAS,the state government has collected hundreds of millions of dollars in sales tax since 1992 on local government purchases of items such as road maintenance equipment,wastewater treatment facilities, and building materials; and WHEREAS,the sales tax on local government purchases is passed on to residents in the form of higher property taxes and fees; and WHEREAS,the state's financial picture has improved dramatically and the need for the sales tax no longer exists; and WHEREAS,Minnesota is one of only seven states which impose sales tax on local government purchases; and WHEREAS, imposing the sales tax on local government purchases is an inefficient way to raise state revenues, especially where sales tax is paid for bonding projects with accompanying interest costs; NOW, THEREFORE, BE IT RESOLVED,that the Shakopee City Council encourages its state legislators to support the repeal of the sales tax on local governments. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 16th day of March, 1999. Mayor of the City of Shakopee ATTEST: City Clerk t ` ‘- -7, i LM.0 145 University Avenue West, St. Paul, MN 55103-2044 Phone: (651) 281-1200• (800) 925-1122 League of Minnesota Cities Fax: (651) 281-1299 • TDD (651) 281-1290 Cities promoting excellence March 8, 1999 Dear Administrator/Clerk: As you may know, the League of Minnesota Cities has been working for the past three years to build legislative support for the repeal of the sales tax on local government purchases. This year a record number of bills have been introduced to repeal the tax and committees in both the House and Senate have held hearings on the topic. Although we have raised awareness and have gained support, legislators need to hear from you and other city officials about how important these bills are for your community. While most legislators agree that taxing local government purchases doesn't make sense, the repeal would permanently reduce annual state sales tax revenues by an estimated $80 million. Given the new February budget forecast that includes an additional $730 million in surplus state revenues through the end of the next biennium,the state can certainly afford to eliminate the sales tax on local purchases. Legislators need to know that repealing the sales tax on local government purchases is good tax policy and means savings to your residents. Please contact your representative or senator to encourage them to support the repeal of the sales tax on local government purchases. Attached is a sample council resolution to encourage legislative support and a sample letter that you can modify and send to your legislators. Thank you for your time and effort. Sincerely, 6-)A,k0e0.41 Gary Carlson Director,Intergovernmental Relations AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER