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Home My WebLink About04/06/1999um, TENTATIVE AGENDA CITY OF SHAKOPEE IdiGULAR SESSION SHAKOPEE, MINNESOTA 6, 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] Resolutions of Appreciation to: Dolores Lebens (No. 5080), Howard Heller(No. 5094) and Park and Recreation Task Force(No. 5105) 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 February 4 and February 8, 1999 *8] Approve Bills in the Amount of$499,989.07 9] Communications: 10] Public Hearing on the proposed vacation of easements in Lot 12, Block 6 and Lot 21, Block 5, Southbridge 1st Addition - Res. No. 5095 11] Liaison Reports from Councilmembers 12] Recess for an Economic Development Authority Meeting 13] Re-convene TENTATIVE AGENDA April 6, 1999 41117. Page -2- 14] Recommendations from Boards and Commissions continued *A] Final Plat of Pheasant Run Second Addition, located north of Valley View Road and east of the Prairie Village plat - Res. No. 5096 B] Preliminary Plat of Dublin Square -Res. No. 5097 - Tabled 3/16 *C] Final Plat of Weston Ponds 3rd Addition, located west of CR 17 and south of 17th Avenue West-Res. No. 5098 *D] Final Plat of Prairie Village 4th Addition, located north of Valley View Road and east of Sarazin Street-Res. No. 5099 *E] Final Plat of Stone Meadow 4th Addition, located south of Vierling Drive and west of Polk Street -Res. No. 5100 15] General Business A] Public Works and Engineering 1. Removal of Stop Signs at 10th Avenue and Apgar Street 2. Receiving Report and Setting Public Hearing for Sarazin Street from St. Francis Avenue to Valley View Road, 1999-3 -Res. No. 5101 *3. Sanitary Sewer Televising *4. Request of Enebak Construction Company Regarding Hourly Restrictions on Construction Activit;Ps for Southbridge Cove and Southbridge 2nd Addition (Savanna Oaks -Phase II) 5. Scott County Parking Committee Recommendations *6. Authorize Hiring of Maintenance Worker 7. Award of Contract for Vierling Drive from West Plat Line of Orchard Park West to Fuller Street, Project No. 1998-3 -Res. No. 5103 - Memo on Table B] Police and Fire *1. Authorize Purchase of Unmarked Car *2. Authorize Hiring of Community Service Officers (CSO) *3. Adjustment for Police Officer Overtime Contractual Services 4. COPS in Schools Grant C] Parks and Recreation *1. Hiring of Facility Maintenance Worker *2. Authorization to Advertise for Bids for the Joe Schleper Baseball Stadium TENTATIVE AGENDA April 6, 1999 Page -3- 15] General Business continued D] Community Development 1. Gary Flood's appeal of BOAA decision regarding doorway on south side of building *2. Department 56 Distribution Center-Environmental Assessment Worksheet (EAW) -Res. No. 5104 *3. Text Amendment to Zoning Chapter Regarding Private Streets and Setbacks - Ord.544 4. Text Amendment to Zoning Chapter Regarding Signs- Ord. No. 545 E] General Administration *1. Policy for Assessment Splits to New Parcels 2. Board of Review 3. Inquiry for Purchase of City Parking Lot *4. Assignment and Assumption of Developer's Agreement- Outlot I, Southbridge 1st 5. Set Dates for Joint City Council/Planning Commission Meeting and City Council Workshop *6. Amending 1999 Pay Plan for Part-time Employees -Res. No. 5093 7. Sale of Eagle Creek Thrift Shop Building to Valley Green Business Park *8. Tobacco License Revocation or Suspension Hearings *9. Apportionment of Special Assessments for Lot 6, Block 1, Prairie Bend Third - 5106 *10. Apportionment of Special Assessments for Outlot D, Shenandoah Place-Res.No.5107 *11. Deferred Compensation for Seasonal Employees -Res. No. 5108 16] Other Business 17] Recess for an executive session to discuss labor negotiations and pending litigation 18] Re-convene 19] Adjourn to Tuesday, April 20, 1999, at 7:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting April 6, 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: 5. Financial 4 A.)Approval of Bills 6. Downtown Design Guidelines 7. Other Business: 8. Adjourn to April 20, 1999 edagenda.doc W 474 CITY OF SHAKOPEE CONSENT Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: April 1, 1999 Introduction Attached is a listingof bills for the t e EDA and Seagate fund for the period 3/12/99 to 04/1/99 . Action Requested Move to approve bills in the amount of $1, 239 . 38 for the EDA General Fund and $0 . 00 for Seagate . H 0 0 0 0 0 0 11 H 0 0 0 0 0 0 II O . . . n lu 0 0 0 0 0 0 II 0 co o co co m co m o m m m m H O\ 0 O\ O\ O\ O\ 131 010 m m m m W N N N N N A ,-1 H H H H H 11 W Cr] II CA m u 0 0 CA rn H Cl) tJ haw � a c4 41 o4 H 04 0 X cn cn W H0 a PC az au • H Cn Cn Cn U' W zw H O H CL ga W in a4 O, 0 oa H z a O 0• H HH 4 H Cu H 04 d, w w a H N 04 0 HH -cn co H 0n O H in in A u) rn H O 04 1 4 O 1 A I m l z 1 to t.o W I N to > I N N CO H H N O m N W H H xO 10 lo Uz o0 rn O\ rn rn rn rn H H 0 0 O mo 0 * * * * H U1 O\ O\ H * H H H * 0 * Z 000 I-3 0 0H g a O N m 0 H EEl 0 04 H 0 HO 004 HH a A f:. 0 a H H f24 IX Q - o o 0 [01.4 AH H rn rn 0 0 O HH Q . O H u] IIIAHC H * * Z H H 0 0 * * lx+ H H H H * * CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook,Economic Development Coordinator SUBJECT: Downtown Design Guidelines MEETING DATE: April 6, 1999 Introduction: The EDA is asked to adopt the EDA-commissioned Downtown Design Guidelines to serve as the design standard for the Downtown Shakopee Facade Loan Program. The guidelines are necessary to graphically communicate the Facade Loan Program's intent which is"to create a positive visual image for Downtown Shakopee through encouraging the restoration and preservation of the architectural heritage of the district's traditional commercial buildings". Background and Discussion: The EDA earlier this year approved a contract with Thomas R.Zahn&Associates to develop downtown design guidelines. The guidelines will direct the use of the Downtown Shakopee Facade Loan Program, which was created by local participating financial institutions and the Downtown Revitalization Committee (now known as Vision Shakopee!). The EDA endorsed the Facade Loan Program at its January 5, 1999 meeting (see Exhibit A, Facade Loan Program brochure). All renovation, restoration, redesign and new construction projects seeking funding through the Facade Loan Program must meet design criteria as specified in the Downtown Design Guidelines. The guidelines are enclosed with this memo as Exhibit B. Mr.Zahn will be at the April 6 EDA meeting to briefly present the guidelines. Options: 1. Adopt the Downtown Design Guidelines (Exhibit B) to serve as the design standard for the Downtown Shakopee Facade Loan Program. 2. Table the matter for additional information and/or further direction. Staff Recommendation: Option 1. Adopt the Downtown Design Guidelines to serve as the design standard for the Downtown Shakopee Facade Loan Program. Action Requested: Offer and pass a motion to adopt the City of Shakopee Downtown Design Guidelines to serve as the design standard for the Downtown Shakopee Facade Loan Program. dsguimo8.doc • • • 'r3 o M II 11-71 b _ ,1 Oyyp �PI, P O N N y N 0 0 o'Iln i .,,, _ o O t17 tz § by w o a 05.. . . d ��X' • 7ill 1 11_4 . O []'r 1i o _E. "raj .2I. qg < v a I� I�._� : n b `•',z,i moi• G. oci h72' N p f') p�. o C 4 ""w ,-,8g 8.-Po 1;�.2p 1 f fid, n� o� o, a� rno� o� c °o o !rC b g P. .2 ig A.0 o P. p,o N N N N N N G. �' 'y a 2 B °1 o 'E0 ..5 F ao"a: to .A A w do it A g• i. s o nt R a R. ° r ^n aw :: awA� . 0 o 9 'o o Fr , P. ? A Np ~ CO OA O qg m NONy P9A OW00 O. N 6L£55 MW`aadopuS wog pa.RS satuI0H 6Z1 i gado qg uo!s A 1!1 , .C'. 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Michael Leek, Community Development Director; Bruce Loney, Public Works Director and Judith Cox, City Clerk. Sweeney/Amundson moved to approve the agenda. Motion carried unanimously. The Council recessed for an executive session to discuss labor negotiations at 5:08 p.m. The meeting re-convened at 5:50 p.m. The Council entered a Work Session. Also present for the Work Session were the following members of the Planning Commission: Terry Joos, William Mars, Gary Morke, David Nummer, Mary Romansky and Michael Willard. Mayor Brekke stated that the City Council will be considering action to impose a moratorium on residential subdivisions at its next meeting. Mayor Brekke stated that the length of the moratorium was unknown and would be based on the objectives and goals of the City Council that are to be accomplished during the moratorium. He also noted that the Council will take public input regarding the matter. Bob Sweeney stated that most comments he had heard regarding a moratorium were supportive and from people not connected with a developer. He congratulated Councilmember Link on looking into the future even though Councilmember Link is a developer. Mayor Brekke stated that R. Michael Leek was concerned that if a six-month moratorium was established, the City would receive an excessive amount of applications in the fall. Mayor Brekke noted that Mr. Leek recommended a nine-month moratorium. Cletus Link stated that he would like to know where all the collector and arterial streets would be located. Bruce Loney stated that a transportation plan had been drafted which tries to identify the roadways. Mr. Link stated that he would also like to see some buffering in the R2 zoning which has too much density. Terry Joos suggested the City needed to explore mixing different types of neighborhoods. Bob Sweeney agreed stating that he would like to see more opportunity for mixed housing in larger spaces rather than restricting the type of building. Official Proceedings of the February 4, 1999 Shakopee City Council Page -2- Gary Morke stated that he would like to review the criteria that is used for granting variances. Mr. Morke stated that if the criteria is adhered to, there would not be so many variance requests. Mr. Morke stated that he was not convinced that going to a moratorium at this time was a good idea. Mary Romansky stated that she believed that there is a density issue. People do not want to use up land but want low density which uses up land. We can't have it both ways. David Nummer suggested creating more diversity. He also stated that the length of a moratorium would ' become evident after the objectives are established. Terry Joos stated that the City has seen builders who are creative in their developments but also has builders who perform the minimums. He stated that if the City tightened things too much, it will lose its flexibility. Deb Amundson stated that she would like to see something that retains the small-town feel but she was not sure how to go about it. Mayor Brekke stated that he would like to see more sidewalks, porches and trails in the community. Bob Sweeney noted that the City of St. Louis Park does a fair job at creating life cycle housing. Jane DuBois stated that she reviewed the residential zoning and did not think a moratorium was necessary. She did feel that some fine- tuning would be in order. Ms. DuBois stated that she believed a lot of the problem with the zoning relates to the type of construction being built next to single family areas. She suggested larger lots and also stated mixed use zones by the freeway corridor were needed. William Mars stated that he was opposed to a moratorium because stopping and starting creates a dangerous situation. He believed that fine-tuning the zoning on an ongoing basis was a good idea. Michael Willard stated that City should consider a moratorium. He noted that the area is developing and errors could be costly. Mr. Willard stated that it was clear that there are a number of issues and fine-tuning the zoning here and there would not be an advantage. Cletus Link questioned where the next industrial park would go and will the roads support it. He also added that the City needed to work on annexation with the townships. Official Proceedings of the February 4, 1999 Shakopee City Council Page -3- David Nummer questioned when the update of the comprehensive plan was due to the Metropolitan Council. R. Michael Leek stated it was due on December 31, 1998, however, the City received a three-month extension. Mr. Leek stated that the City may be able to receive another three-month extension. Mr. Leek stated that there is a misconception. The City does have a comprehensive plan and a zoning ordinance. Developers do have guidelines for development. The question is whether or not the Council agrees with it. Mayor Brekke stated that all issues which had been brought up will be typed up so the Council could review them before the next meeting. Terry Joos suggested working with all border maps. Cletus Link stated that it would be important to see if the Native Americans wanted to look at the plans also. William Mars noted that the scope of a moratorium seemed to be getting bigger which would mean a bigger impact on a moratorium. Jane DuBois stated that if the moratorium does not include commercial and industrial property, it could present problems. Cletus Link stated that he felt the City needs to know where things are going. Mayor Brekke stated that it is not a question if the City has a plan but if it is the right plan. The Work Session was recessed and the Adjourned Regular Sesssion was re-convened. Amundson/Link moved to adjourn to February 8, 1999 at 5:00 p.m. Motion carried unanimously. Meeting adjourned at 6:48 p.m. Respectfully submitted, IIP iketak. ' ith S. •Cok y Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL . ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 8, 1999 Mayor Brekke called the meeting to order at 5:05 p.m. with Councilmembers Amundson,Link and Sweeney present. Councilor DuBois was absent. Also present were Mark McNeill, City Administrator;Bruce Loney, Public Works Director/City Engineer; and Judith S. Cox, City Clerk. Mr. McNeill stated that the agenda for the meeting was to nominate two additional candidates for Boards and Commissions and to recess for a closed session for the purpose of discussing labor negotiations. Sweeney/Amundson moved to approve the agenda. Motion carried unanimously. Sweeney/Amundson moved to nominate Cole Van Horn for the Shakopee Public Utility Commission and Michael Vogel for Board of Review and Park and Recreation Advisory Board. Motion carried unanimously. Mayor Brekke recessed the meeting for an executive session to discuss labor negotiations. Mayor Brekke re-convened the meeting at 5:50 p.m. and announced that no action was taken during the executive session. Sweeney/Amundson moved to adjourn to Tuesday,February 16, 1999, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 5:51 p.m. .1 i-f/(_ ) _ J ith S. Cox ity Clerk Recording Secretary 1 CITY OF SHAKOPEE OFFICE OF THE MAYOR PROCLAMATION National Library Week WHEREAS, libraries provide all Americans with the opportunity to read, learn connect to information representing all points of view; and WHEREAS, residents rely on our libraries to computers and the Internet, allowing them to get connected to our global society; and WHEREAS, libraries provide the essential support and education needed by children, teenagers and adults alike in their search for knowledge, information and entertainment; and WHEREAS, the Shakopee public library provides many people with books, computers, video and audio tapes and other resources to enrich their lives,from Internet Access to classic books; and WHEREAS, our Shakopee library is vital to the building readers and creating a lifelong love of reading among our public. NOW, THEREFORE, I, Jon Brekke, Mayor of the City of Shakopee, do hereby proclaim April 11-17, 1999, as Shakopee Library Week and urge all residents of Shakopee to join me in celebrating its achievements and its goals. Given under my hand and the seal of the City of Shakopee this 6th day of April, 1999. Mayor of the City of Shakopee Attest: City Clerk 1 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Resolution of Appreciation- Howard Heller DATE: April 6, 1999 INTRODUCTION: Howard Heller, Public Works Maintenance Worker, retired on March 31, 1999 and a Resolution of Appreciation is attached for Council consideration. BACKGROUND: Mr. Heller began his employment on January 1, 1971 as Maintenance Worker for the City for over 28 years. A Resolution of Appreciation has been prepared to recognize Mr. Heller's contribution to the City. RECOMMENDATION: Staff recommends adoption of the Resolution of Appreciation to Howard Heller. ACTION REQUESTED: Offer Resolution No. 5094, A Resolution of Appreciation to Howard Heller and move its adoption. truce Loney Public Work ,irector BL/pmp MEM5094 RESOLUTION NO. 5094 A RESOLUTION OF APPRECIATION TO HOWARD HELLER WHEREAS, Howard Heller entered employment with the City of Shakopee in the Public Works Department on the 1st day of January, 1971; and WHEREAS, for more than 28 years, Mr. Heller served the City and its residents over and above the call of duty in a wide variety of situations, both routine and emergency; and WHEREAS, Howard Heller retired from this position with the City of Shakopee on March 31, 1999. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee that it does hereby express its deep appreciation and gratitude and hereby commends Howard Heller for his devotion to duty,his loyalty and his friendship. BE IT FURTHER RESOLVED that City Council wishes Howard Heller a long happy retirement. Adopted in regular session of the City Council of the City of Shakopee, Minnesota,held this 6th day of April, 1999. Jon Brekke,Mayor ATTEST: Judith S. Cox, City Clerk 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 Regular Session of the City Council of the City of Shakopee, Minnesota,held this 6th day of April, 1999. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO.5105 A RESOLUTION OF APPRECIATION TO THE CITIZEN PARKS AND RECREATION TASK FORCE WHEREAS, sixteen residents from the City of Shakopee volunteered their services to serve on a Citizen Parks Task Force to study future recreation and park facility needs of the community; and WHEREAS,the Citizen Task Force spent 11 months researching community park,trail,open space and community center needs; and WHEREAS,the Citizen Task Force used that time to study budgets,tour recreation facilities and survey residents to determine how these projects could best be funded; and WHEREAS,the Citizen Task Force worked diligently at their mission to recommend to the City Council a bond referendum be put before the electorate of the City of Shakopee; and WHEREAS,the members of the Citizen Task Force have given of their time and talent and have represented their community in a professional manner while completing their mission to recommend to the City Council ways which to improve quality of life for its residents of Shakopee. NOW,THEREFORE,BE IT FURTHER RESOLVED that the City Council of City of Shakopee hereby expresses its thanks and appreciation to Dave Greening,Jerry Neville,Josh Rademacher,Lois Weckman,Rick Friedrichsen,Mark Hergott,Matt Lehman,Ken Rynda,Bernie Wercinski,Dan Gasow,Peggy Hullander, Sean Laughlin, Dave Mohr,Jim Plekkenpol, Grecthen Theis and Burl Zorn for their time and effort in advising the City Council of ways it can enhance the recreation and park facilities in Shakopee. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 6th day of April, 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Resolution of Appreciation- Howard Heller DATE: April 6, 1999 INTRODUCTION: Howard Heller, Public Works Maintenance Worker, retired on March 31, 1999 and a Resolution of Appreciation is attached for Council consideration. BACKGROUND: Mr. Heller began his employment on January 1, 1971 as Maintenance Worker for the City for over 28 years. A Resolution of Appreciation has been prepared to recognize Mr. Heller's contribution to the City. RECOMMENDATION: Staff recommends adoption of the Resolution of Appreciation to Howard Heller. ACTION REQUESTED: Offer Resolution No. 5094, A Resolution of Appreciation to Howard Heller and move its adoption. :ruce Loney Public Work p irector BL/pmp MEM5094 RESOLUTION NO. 5094 A RESOLUTION OF APPRECIATION TO HOWARD HELLER WHEREAS, Howard Heller entered employment with the City of Shakopee in the Public Works Department on the 1st day of January, 1971; and WHEREAS, for more than 28 years, Mr. Heller served the City and its residents over and above the call of duty in a wide variety of situations, both routine and emergency; and WHEREAS, Howard Heller retired from this position with the City of Shakopee on March 31, 1999. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee that it does hereby express its deep appreciation and gratitude and hereby commends Howard Heller for his devotion to duty,his loyalty and his friendship. BE IT FURTHER RESOLVED that City Council wishes Howard Heller a long happy retirement. Adopted in regular session of the City Council of the City of Shakopee, Minnesota,held this 6th day of April, 1999. Jon Brekke, Mayor ATTEST: Judith S. Cox, City Clerk 11#: 8 CITY OF SHAKOPEE Memorandum r ' TO: Mayor and Council CONSENT Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: April 1, 1999 Introduction and Background Attached is a print out showing the division budget status for 1999 based on data entered as of 04/01/99 . 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 $1,239 .38 . 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 $25, 200 . 92 . A bill from MacQueen Equipment in the amount of $9, 052 . 50 is included for a root cutter. Public Works asked about the budget and steps needed to purchase this item. Without further thought, I said that it was an internal service fund item to go ahead and buy it. The equipment is necessary for maintenance of the sewer systems and has already been used. Not included in the attached bill list but included in the total amount of bills shown on the agenda is the below listed subsistence/travel reimbursement for an employee. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no • receipt/odometer readings and therefore needs to be paid through payroll as taxable income. Les Teneyck $36 .33 Lisa Quick $15 .42 Action Requested Move to approve the bills in the amount of $499, 937.32 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 04/01/99 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 74,080 0 17,045 23 12 CITY ADMINISTRATOR 219,200 6,317 45,585 21 13 CITY CLERK 201,220 5,338 41,381 21 15 FINANCE 348,770 7,897 72,476 21 16 LEGAL COUNSEL 269,000 0 66,113 25 17 COMMUNITY DEVELOPMENT 751,720 11,449 99,500 13 18 GENERAL GOVERNMENT BUILDINGS 232,230 921 36,716 16 31 POLICE1,930,119 51,853 408,785 21 32 FIRE - 618,420 - 20,345 110,865 18 33 INSPECTION-BLDG-PLMBG-HTG 326,710 8,472 65,138 20 41 ENGINEERING 507,620 15,445 102,740 20 42 STREET MAINTENANCE 827,730 6,577 139,035 17 44 SHOP 145,330 4,190 33,380 23 46 PARK MAINTENANCE 487,090 8,288 67,434 14 91 UNALLOCATED 594,550 -360 100 0 TOTAL GENERAL FUND 7,533,789 146,730 1,306,291 17 00 N/A 0 0 175,551 0 17 COMMUNITY DEVELOPMENT 500,630 264 81,209 16 TOTAL TRANSIT 500,630 264 256,760 51 19 EDA 403,170 2,095 16,758 4 TOTAL EDA 403,170 2,095 16,758 4 H a) la) as a a a 040404 a as a a a a a a a a, a aaa aa a 01 H H H H H H H H H H H H H H H H H H H H . to H H X In H I W ol 0 era o Clx rn p H Z I < 0 X Z o 0 I If),n u) M I I O W N N N in d' 0 I N H H H H O 0. t` H H H H H HH NH CO 01 01 O1 H H H 0 O. 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[� z >1 >1 W U GaEl El 0 C4 ElE. a a rt. WW Cl) H [H- ' G4 Cl) X w ` z U H r4 Z X X H U o Cl) z D.4w a >1 Ga H H El Z a 04 4 Z AO \ C/) A H U] W fx W O W < 0 A 4 01 H FC (31 z � H W W Z $ (i) U C7 A H Iii O H W W H A Cl) u1 1:4 0- H ul W W H M d' U) H N H O 0) H 0 0 0 0 0 U) 0 ... O O H H H N (.0 V' d' [}' U) H M V' U) a) N d' .. 0 H H H d' d' rN V' d' d' N N N N N GO a0 H *k *k It It *k It it I* *k it *k It It *k It U w w w w w w w w w w 114 w w w w w w /D. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I/lam SUBJECT: Partial Vacation of a Drainage&Utility Easement Southbridge 1st Addition APPLICANT: Centex Homes DATE: April 6, 1999 Introduction The City Council received a request from Centex Homes to consider the partial vacation of drainage and utility easements,located within Lot 12,Block 6 and Lot 21,Block 5, Southbridge 1st Addition. Discussion The applicant is requesting the vacation of 5 feet of the platted 10 feet of utility easement along the northerly line of each lot. This vacation is intended to reduce the impact of this easement upon future development of these lots. Upon future platting of Outlot H (to the north), the lots adjacent to these lots will contain similar 5-foot wide easements, thereby ensuring a 10-foot wide utility easement dedication along all lot lines. A map is attached for your reference. Other agencies and city departments have reviewed this request, and the City has not received any objections or conditions of approval. The Planning Commission reviewed the request at their meeting of March 18, 1998, and recommended approval of the requested vacation. The attached resolution approves the requested vacation, and authorizes the Mayor/City Clerk to execute said resolution on behalf of the City. Alternatives 1. Approve Resolution No. 5095, approving the requested vacation and move its adoption. 2. Deny the request to vacate the subject easement. 3. Table the decision to allow staff or the applicant time to provide additional information. Planning Commission Recommendation The Planning Commission recommended Alternative 1, approval of the partial vacation request. Action Requested Offer and approve Resolution No. 5095. i:commdev\cc\19990406 vac do RESOLUTION NO. 5095 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING PART OF A DRAINAGE AND UTILITY EASEMENT ENCUMBERING A IN LOT 12,BLOCK 6&LOT 21,BLOCK 5,SOUTHBRIDGE 1st ADDITION, CITY OF SHAKOPEE, SCOTT COUNTY,MINNESOTA WHEREAS, it has been made to appear to the Shakopee City Council that part of a drainage&utility easement dedicated within Lot 12, Block 6 and Lot 21,Block 5, Southbridge 1st Addition, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 6th day of April, 1999; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines the vacation hereinafter described is in the public interest; and 2. That the following drainage and utility easement located in Lot 12, Block 6 and Lot 21, Block 5, Southbridge 1st Addition, City of Shakopee, Scott County, Minnesota, serves no further public need, is hereby vacated, and described as follows: (SEE EXHIBIT A) 3. After the adoption of this Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. RESOLUTION NO.5095 Page 2 of 2 Adopted in session of the City Council of the City of Shakopee, Minnesota,Held the day of , 1998, Jon P. Brekke,Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street • 1'1 r —•. 0 -0 ivet 0 0r Q m o / \ N y , ) 2 .. o/ co / �G O Q 10 1)); cD ��// o? 2. 3 $ ra ° CO \ C \ x-g• .,,� � / cn o ›,;c7.`'. 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Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5095, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 6th day of April, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL PREPARED BY: City of Shakopee 129 South Holmes Street ` * I6. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti,Planner I SUBJECT: Partial Vacation of a Drainage&Utility Easement Southbridge 1st Addition MEETING DATE: March 18, 1999 Site Information Applicant Centex Homes Site Location: Southbridge 1st Addition Current Zoning Urban Residential(R-1B)(East Dean Lake/Southbridge PUD No. 14) Adjacent Zoning North: Heavy Industrial(I-2)Zone/State Trunk Highway 169 South: Urban Residential(R-1B)Zone East: Urban Residential(R-1B)Zone West: Low Density Residential(R-1A)Zone 1995 Comp.Plan: Single-Family Residential MUSA: The site is within the MUSA boundary Introduction The City Council received a request from Mr. Steve Ach of Centex Homes to consider the partial vacation of drainage and utility easements, located within Lot 12, Block 6 and Lot 21, Block 5, Southbridge 1st Addition. Discussion The purpose of this request is to eliminate or reduce the impact of these easements upon two (2)lots within the addition controlled by Centex. The final plat illustrated the northerly lines of these affected lots with 10 foot wide easements. Normally,adjacent lots only require 5 feet on each side lot line, thereby giving a 10 foot wide easement. By reducing these easements from 10 foot to 5 foot,the future platting of the lots adjacent to these two will complete the required 10 foot spacing. The City Council will hold a public hearing on April 6, 1999, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Other agencies, city departments and utilities have been notified of the proposed vacation, and no comments adverse to this request have been received. Maps indicating the location and proposed vacation are attached for your review. Alternatives: 1. Recommend to the City Council the approval of the partial vacation of the drainage and utility easement in Lot 12,Block 6 and Lot 21,Block 5, Southbridge 1st Addition. 2. Recommend to the City Council denial of the request to vacate the subject easement. 3. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation: Staff recommends Alternative No. 1, the City Council approval of the partial vacation of the drainage and utility easement in Lot 12, Block 6 and Lot 21, Block 5, Southbridge 1st Addition. Action Requested: Offer and pass a motion recommending approval of the partial vacation of the drainage and utility easement in Lot 12,Block 6 and Lot 21,Block 5, Southbridge 1st Addition. - Tim Benetti Planner I iskwmmdev\boas-pc11999W318Wac-Gnbcdoc / C Y C m W iiikN a y C K w „ C Nin N. 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X9.77 . — R,4 ed 1 S 8,}•30'14 W J �S � ° _ — $7.50 V � CI{rC�ON �^1p4S � 1 r 62.88�1pag r ' R,es �, �b3 z" t tis 574 1 6,<i ,fi tlo N0 U: \ 5 �4) N.) eIx ` `Q.T t p �d I O1 fiS I WI I �1 �� 17 > 4:45):„._ 45_ r�r� �t\\P �j � JtN JL - - JL - ` ^ 11.23 �2� :0)1,1 3 �F r - - - S 9 `L✓i^�? � l 21 I \ � 6.34 , 65 72,� �o, ,�. 16 :�1 t ` t 1� 14Nab• •o�•�1,155.10 25"E ",� 1 • N' ,R15 M, I� t ��,� � � ! t 01 1 , v �� p-6 °8 `y/ I zl 1 ' moi <2 563365.4 �' " - - - - -a `' 90%61- . .„ 81 5'F, A 49 F95.78 886'04'02"E 10 V 9 CS Q/1''iE- ''- {Y� /-p� J 1,?:,/ 9029 ,, � � / 0 1044 Pierce St.So. Shakopee,MN 55379 April 6, 1999 Mr.Bruce Loney City of Shakopee Dear Mr.Loney, I've written this letter in the case that meeting agendas go beyond the time I can stay. My oldest daughter's fourth concert is tonight and I wouldn't miss it for the world. I have to express concern about the removal of the stop signs on Apgar Street. I realize that you can put down your cable that counts the traffic that goes through the intersection but what your cables do not count are the number of people that use the four way stop to cross tenth. I always feel nervous when my children go to visit their friends that live on the other side of tenth,but it is somewhat eased knowing that they have relatively safe place to cross. I also believe that taking the stop signs out will cause an increase in the speed that the traffic travels along that stretch,making it even more dangerous for my children to cross. I really have to question the motives behind the stop signs removal,my only conclusion is that it is in the way of one of city counsel members on their route to work.If the stop signs are removed,something needs to be installed to allow a safe crossing,perhaps a stop lighted cross walk,or even an overpass. I believe that you need to evaluate the removal more in-depth before you make such a rash decision. Motor vehicle traffic should not be the only factor behind this. Regards, Michael Loughrey 0 r - ici ,fk ' y..,,k) ‘ 0'61 ' 4'''. ��, « a✓�,c , • • •• 1Y,e, ZV UV CZO-- ,k,41.1; 1/..., °_,.• ,' 46. 1, AI or-Lst ir\-cr-rraL). .e., °'t` 4 i'll! .' '`.1:1.0* PE.04-4,66:01V j .oej-6Cde:/A-AstIQ) tit& -. ./ 4' CrtiLIC,) fyitiA, -'av)6 ,4„) '.1.1 cj e,.:-tc.,: 4. 0 d.w- , 0 .n.., aiut"). . //7/-ell /YILWL- Al • f' , a, I 40 * A :0+1>YLCAACZAt,,, 1 I ,, 1(4,(truev k-otf . CGLC4eI ID IRe b e-c_..c.- LC7U krz � y (c(1/4g e g ) wid,,,,,, 4,4,,,,),,,,, If ' " 10 ) � ) r)5j ), 1 h p c5 ,,,\ ' L6C3 e... 1 Nick V\CP5'e lox Pierce sire c(geIo / y1 /9. CITY OF SHAKOPEE Cr S4:::.NT Memorandum L TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Final Plat of Pheasant Run Second Addition Pheasant Run of Shakopee,LLP(Applicant) DATE: April 6, 1999 Introduction Pheasant Run of Shakopee, LLP is requesting Final Plat approval of Pheasant Run Second Addition. The property is located north of Valley View Road and east of the Prairie Village plat (Exhibit A). The Preliminary Plat for Pheasant Run Addition was approved by the City Council on June 2nd, 1998. The Final Plat for this second phase is in substantial conformance with the approved preliminary plat The Planning Commission recommended approval of this final plat with conditions at their March 4th, 1999 meeting. A copy of the Commission's staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Pheasant Run Second Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of Pheasant Run Second Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Pheasant Run Second Addition. 4. Table action on this item and request additional information from applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Pheasant Run Second Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5096, a Resolution Approving the Final Plat of Pheasant Run Second Addition, subject to conditions, and move its approval. i:\conmxlev\c61999\cc0406\fpphiun2.doc RESOLUTION NO. 5096 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF PHEASANT RUN SECOND ADDITION WHEREAS,Pheasant Run of Shakopee,LLP is the applicant and owners of said property. WHEREAS, the property upon which the request is being made is legally described as follows: Outlot B, PHEASANT RUN FIRST ADDITION, according to the recorded plat thereof Scott County,Minnesota. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Pheasant Run Second Addition on March 4, 1999, and has recommended its approval. 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 Final Plat of Pheasant Run Second 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 the 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 in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 3. Final Construction Plans and Specifications, building construction and locations, as well as sewer and water services must be approved by City Engineer, City Planner, City Building Official and Shakopee Public Utilities prior to construction. 4. Construction plans for the temporary cul-de-sac and temporary easement agreements (if necessary) shall be reviewed and approved by City Engineer 5. The developer shall provide easements, as required by City Code. 6. The developer shall sign a petition and waiver for the improvement of Valley View Road. 7. No park dedication fees are due. Outlot A of Pheasant Run First Addition was dedicated as park land in lieu of park dedication fees. B. The following conditions shall apply after the recording of the Final Plat: 1. Pheasant Run Street is prohibited from connecting onto Valley View Road nor is any type of access permitted until Valley View Road is fully improved and the temporary cul-de-sac is removed. 2. The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 3. No building permits shall be issued for any of the proposed outlots until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. 4. The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 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 Sheet Shakopee,MN 55379 CERTIFICATION OF RESOLUTION NO. 5096 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5096, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 6th day of April, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL PREPARED BY: City of Shakopee 129 South Holmes Street « *CONSENT* PC AGENDA ITEM No. 10 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Final Plat of Pheasant Run Second Addition MEETING DATE: March 4, 1999 APPLICATION DATE and REVIEW PERIOD DEADLINE: February 2, 1999 -April 5, 1999 Site Information Applicant: Pheasant Run of Shakopee,LLP Location: North of Valley View Road and east of Prairie Village Development Current Zoning: Urban Residential(R-1B)Zone Adjacent Zoning: North: Agricultural(AG) South: Valley View Road/Rural Residential(RR) East: Agricultural(AG) West: Agricultural(AG)/Urban Residential(Rl B) 1995 Comp.Plan: Single-Family Residential Area: 68.52 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Location/Zoning Map Exhibit B: Pheasant Run Second Addition Final Plat Map Introduction Pheasant Run of Shakopee,LLP is requesting Final Plat approval of Pheasant Run Second Addition. The property is located north of Valley View Road and east of the Prairie Village plat(Exhibit A). Considerations 1. The Preliminary Plat for Pheasant Run Addition was recommended for approval by the Planning Commission on May 7, 1998, and approved by the City Council on June 2nd, 1998. The Final Plat for this second phase is in substantial conformance with the approved preliminary plat(Exhibit B). 2. The entire Pheasant Run plat proposes 263 single-family lots within 105.9 acres,to be developed in five phases. The first phase consisted of 61 platted lots. This second phase consists of 68 lots. Therefore, 134 lots remain for the three future phases. 3. City Council required that any phases adjacent to Valley View Road would not be allowed to make connection onto said roadway until such time that Valley View has been improved. The developer shall construct a temporary cul-de-sac and curbed section within the 60-foot right-of-way to prevent access and shall provide necessary easements if required by the City. 4. Outlot A of the first addition was dedicated as park land in lieu of park dedication fees. Alternatives 1. Recommend to the City Council approval of the Final Plat of Pheasant Run Second Addition, subject to the following conditions: a) The following procedural actions must be completed prior to the review of the Final Plat by City Council: i) Construction plans for the temporary cul-de-sac and temporary easement agreements(if necessary) shall be reviewed and approved by City Engineer. b) 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 the 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 in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. iii) Final Construction Plans and Specifications, building construction and locations, as well as sewer and water services must be approved by City Engineer, City Planner, City Building Official and Shakopee Public Utilities prior to construction. iv) The developer shall provide easements, as required by City Code. v) The developer shall sign a petition and waiver for the improvement of Valley View Road. 2 c) The following conditions shall apply after the recording of the Final Plat: i) Pheasant Run Street is prohibited from connecting onto Valley View Road nor is any type of access permitted until said Valley View Road is fully improved and the temporary cul-de-sac is removed. ii) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. iii) No building permits shall be issued for any of the proposed outlots until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. iv) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 2. Recommend to the City Council approval of the Final Plat of Pheasant Run Second Addition with revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Final Plat of Pheasant Run Second Addition. 4. 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, a recommendation to the City Council approving the Final Plat of Pheasant Run Second Addition, subject to conditions. Action Requested Offer a motion recommending to the City Council the approval of the Final Plat of Pheasant Run Second Addition with conditions. Tim Benetti Planner I i:\commdev\boaa-pc\1999\0304\fpplwn2.doc 3 P._ x f � TANIMEIp Qw mPi G-44/vn r — � .: o �nncaavaCooaoC • 3alaewdO m — � ; .X110r 4M �, D .477:3 , 0vD ,E. ..,0��, 4 IP 0 1, . v e 114 IR. p D Z P ill m. 4 A .,..., „, D ., __.,,,,,_ ,. 4., \ ,,,,-.... 0 __ .i.,t ., ...._ \ _ --„,,,--,-, . <>.."-- 1\ C .A.h NO. ii N .HALL RD. II IINF co N O� D A N' CO Z CT. d 1141$.L•1" illip -:. DJ to � ' h 07 v■ _ DJ P. � � S3"4a Ob •'' nn OnCJ �` E� w o r ;/: `� ora 1$•C d ty; _1 L"--- 0 1:••1 ■.. oy 0 �1 ori SU l -1.. .-. r m r• pi p ; \\ u —� ,. •=ACED r.z. o� �:�-. a� �� p 4.--�� z' CIRCL2 n ry ��Q� �r� e`4,, �p 414, wool woo' 11114.4 . . 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AS I,� erw.ri t., �;� 1 I Ela I sd Ig 1 L---114[1--'A\ j,g. •j�b r-:-�h>b Bir I G__ .,ek_ br ' / /.a D c �S ' 4 o C r `c w d /ted" f 41.,:`„Iii 4 s \ r c \�' !•= d \R•},\•v �/ \tyro I -.../ 4-t.E a 40 /Ye a CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Dublin Square Addition James. E. Allen(Applicant) MEETING DATE: April 6, 1999 INTRODUCTION: James E. Allen is requesting Preliminary Plat approval of Dublin Square Addition. The Council tabled the request on March 2"d and 16t to allow the applicant to meet and discuss possible compromise designs for the plat. DISCUSSION: The following table provides a summary of the principal differences between the preliminary plat reviewed by the Council on March 2nd and the revised proposal: •wi` rvstxx.exx ::,fx.IAA x Original Preliminary Plat x : �«jxe.�M.07�} Plan ` e ;. c ;�E .: SxD } atw ` }u 2 . N^ ' oit:4Un `` .t: 150 dwelling units 4x�.�z'E'��:;:�.:�ti�:}.:,':x�x•w�>t.t"�;.,;xx:£w{x?tONxt;;';.k >,{+:rx}•{;`:.:...2}:>•n:..x;:z�.x:x,`wx}k•wz}xx'}.;:� .�.",'ri.x::•...x',.x.•.}::•:.:::x,u..x2.�,t2xxx7:x:.x}lfl?x:}.: xYx'xq:x?x,}#•`}x..y..'•>'t.::,x:.:x.�.nx>.�:.xx`,:x.„:<.:{,x��`• ;yxIxN}.}c:'.`•x,t.\A•,y,`ixk\x i2:v�:v::�:x•�'•``��:�:;;',.''t si { k1,0 } 8.89 DU/Acre ..."03111017.4:0011,4114One N/S (36 ) L v"[ Y `; :t � {t : x {tiK \ ``Y`` " `;: xE ` amsaaw z�` „x^ ta„ Front aatA „: 20' >t3MMV xx> , tk.„ x•v:.:r•::{:,vx?• , £ e ;d wv ' tI {: ,. ., rve#:x .w?n° x ? •h} 699 s aces—4.66/unitC1t • txxv }}: : x } The second revised plan now contains a 32' wide private street running from east to west, as opposed to a public street as in the first revision. The applicant has shown this as a platted outlot which would allow a connection to the property to the east if desired. It is not typical to provide a private street connection to adjoining development parcels, and a future private to a public street could pose some problems because of the differences in right-of-way width, as well as public traffic flow to a public street. The second most significant change is that the 5- and 6-unit buildings are no longer shown, so therefore a conditional use permit would not be required for this project. 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 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. B. 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. C. 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. 4. Table the matter for additional information ACTION REQUESTED: Council is asked to offer and pass a motion consistent with its determination. Staff has prepared a resolution of approval with the above-named conditions for the Council's consideration. 7e17,2efee.,„:_z_ ,e,z R. Michael Leek Community Development Director is\commdev\CC\1999\0406\PPDublinSquare.doc RESOLUTION NO. 5097 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 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 action must be completed prior to review by the City Council: 1. The applicant is required to conduct a noise impact study. If sound levels exceed 70dB, the developer shall mitigate said noises and provide buffering to the development. B. 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. RESOLUTION NO.5097 PAGE 2 OF 3 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. 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 in the amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. C. 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. RESOLUTION NO.5097 PAGE 3 OF 3 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 R€ F4Wa ,d., -- rr • $- ,, N00'05'49"W 578.14 @ ii k � 1_ I Ct R::____ I-. r4-------- L'i .'t1 sm" ;� r i . 11 IRMihi r E I�r,IJ' CU \� 1-,`QQ igirin t4p� _ _i I 1! �. _ it __=��o i 111 Npli 2 a g^g g ; l'X I I " I x:,,.;47 7 , o[ —T - \ i t , 4 'Mist Illi • Al Z m „Yi$gig 1 i7 %'f I II q 1 R7 II !sm.., 11�� ,. 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Michael Leek, Community Development Director SUBJECT: Revised Preliminary Plat of Dublin Square MEETING DATE: March 16, 1999 INTRODUCTION: At its March 2nd 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: } ...•ii<Lti ALu.::..\�::..�»:`�`:vn:>i::•..' •,:2»x7»`}`�.'yX .xv. :�xx�` 6 �:�."� :x�`. •�-".. x.•�..x:`..'» •• `,� Original PreliminaryPlat . 150 dwelling units 4i •`i-i`--i .ae F . `` 8.89 DU/Acre ' pifr• � `,Y� N ix;x, <.<L filet: n.,. . :. ,ex: • One N/S (36') a • »'3.x.`.•».iat•..x.h.� .�"`�INIP k`}{ w't•`Lr�:t tm.`t<-‘7.4x, i\ .. .•.a.$ ?.:.•x3''.'.. y .:4 x\4`r �.\\ :`�..», x�• ,xT•z vx •q 20' M{4 4 � Nf = �nS xS ;.4 :6th . 699 s.aces—4.66/unit ** . a +��r''': 4 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. fl 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. 4101' , R. Michael Leek Community Development Director is\commdev\CC\1999\0316\PPDublinSquare.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. i:\co,midev\cc\1999\cc0302\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. 7. 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. B. 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. 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 • Pr - • `1/ 1 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. • � r Tim Benetti �V] Planner I i:\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.I.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 r 4 'L \ • • ✓ ,.... i i r \ %� ' 11 S ilk , . 11 I �„ II 1 . 1 1 /,/,/ // 11k I % li 1 / ‘: , .......; ::- ::-- --1 ./// �.,i id 1 , o it) — 1 / v U // Z _J c•► /��Q /�� / i Gill'�� ow �,r'r i Q .illai i: 1; e / SS %3' '1-1 m CJI ^! .010 SI 1 ` ��-�- �l=l!nl��'�_ -. _ I Elf III 1 110 I 74;44 SI ralli II Ft ,,/#TO . iii Ilr.„,,Alla mire# a* . WWI I MEN I '. i 0 . 6o elf . opo h. . . rill , . �. V) Q Li 'Gel 11TH ' . *- - \\ 11 " •21•' UI — 1 ---.---- _,._ I 8661 85 80:EI IE 3a cul 3Sv8tivf\Sdvw\ 0 EXHIBIT C e-----:''"':1 iligelni IP Tlf il t ;11.• illi , „ „ i. ; 1. ii . 1 . 111,11, Al. 1,i11,11 1 i iliii ' . 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Y I i u u U 1_1 ! u ju u U # I U u I , u u u c,0 - I NI in iwl P• I UV # --r -0--0-- AP--4 ---;r--a--0-- 0---a- t-1---8---0--- !-®---®--®----1 E( c e Q m tC T——— 1C Ft tT E— — fit ►t Fl I• � I a 1'l'8L5 M„6t,50.00N • IAi. , 1n rn ri4_. o...n.-x.r.4. /vs C . CITY OF SHAKOPEE Memorandum CC NSEATJ TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I „C;--- SUBJECT: Final Plat of Weston Ponds 3rd Addition Pulte Homes of Minnesota Corporation(Applicant) DATE: April 6, 1999 Discussion Pulte Homes of Minnesota Corporation is requesting Final Plat approval of WESTON PONDS 3RD ADDITION. The subject site is located west of County Road 17 (Marschall Rd) and south of 17th Avenue West (Exhibit A). A copy of the March 18, 1999, Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Weston Ponds 3rd Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of Weston Ponds 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Weston Ponds 3rd Addition. 4. Table action on this item and request additional information from the Pulte Homes of Minnesota Corporation and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Weston Ponds 3rd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5098, a Resolution Approving the Final Plat of Weston Ponds 3rd Addition, subject to conditions, and move its approval. i:wo ,dev\c6i999o4o .doc RESOLUTION NO.5098 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF WESTON PONDS 3RD ADDITION WHEREAS, Pulte Homes of Minnesota Corporation is the Applicant and Arcon Development,Inc. are owners of said property. WHEREAS, the property upon which the request is being made is legally described as follows: Outlot B, WESTON PONDS, according to the recorded plat thereof Scott County, Minnesota WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Weston Ponds 3rd Addition on March 18, 1999, and has recommended its approval. 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 Final Plat of Weston Ponds 3rd 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. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Street signs, if or where needed, shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. 5. The developer shall provide easements, as required by City Code. 6. The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 7. City Finance Department indicates a pending assessment of$79,099.75 for the 17th Avenue Improvement Project (No. 98-4). The City Engineer will reapportion these assessments against the individual units and lots and the developer shall waive the right to appeal the reapportionment. 8. Park Dedication fees are due at$750.00 per unit, and may be deferred until issuance of building permits. 9. The Common Interest Community (CIC) declarations shall be reviewed by the City Attorney prior to filing with the Scott County Recorder's Office. B. The following conditions shall apply after the filing of the Final Plat: 1. The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 2. 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 CERTIFICATION OF RESOLUTION NO. 5098 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5098, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 6th day of April, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL PREPARED BY: City of Shakopee 129 South Holmes Street 12 - CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Final Plat of Weston Ponds 3rd Addition MEETING DATE: March 18, 1999 Site Information Applicant: Pulte Homes of Minnesota Corporation Owner: Arcon Development,Inc. Location: West of County Road 17(Marschall Road)and south of 17th Avenue West Current Zoning: Multiple Family Residential(R-3)Zone Adjacent Zoning: North: Highway Business(B-1)/Agriculture(AG)Zones South: Agriculture(AG)Zone East: Office Business(B-2)Zone/MVHC PUD No. 6 West: Agriculture(AG)Zone 1995 Comp. Plan: Medium Density Residential and High Density Residential Area: 6.18 acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Weston Ponds 3rd Addition Final Plat Map Introduction Pulte Homes is requesting Final Plat approval of Weston Ponds 3rd Addition. The property is located west of County Road 17(Marschall Rd)and south of 17th Avenue West(Exhibit A). Considerations 1. This Final Plat (Exhibit B) is in substantial conformance with the approved preliminary plat. 2. The preliminary plat for Weston Ponds was approved by the City Council on February 17, 1998. 3. This final plat is the last of the proposed phases of Weston Ponds Addition. 4. The Engineering Department has reviewed the submittal materials and has provided comment. Staff has incorporated these recommendations into the conditions of approval. 5. City Council recently approved a revision to the park dedication fees at$1,000 per unit. At time of Preliminary Plat approval of Weston Ponds, park dedication fees were $750 per unit. Therefore, City shall require the same amount for this third addition. 111 I Alternatives 1. Recommend to the City Council approval of the Final Plat of Weston Ponds 3rd Addition, 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 the 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 in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission prior to construction. iv) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. v) The developer shall provide easements, as required by City Code, including access easements to the ponding area. vi) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. vii) Park Dedication fees are due at $750.00 per unit, and may be deferred until issuance of building permits. viii) The Common Interest Community(CIC) declarations shall be filed with the Final Plat. b) The following conditions shall apply after the filing of the Final Plat: i) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 2. Recommend to the City Council approval of the Final Plat of Weston Ponds 3rd Addition with revised conditions. 3. Recommend to the City Council the denial of the request for approval of Weston Ponds 3rd Addition. 4. 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, to recommend to the City Council approval of the Final Plat of Weston Ponds 3rd Addition, subject to the conditions. Action Requested Offer a motion recommending to the City Council the approval of the Final Plat of Weston Ponds 3rd Addition with conditions. • Tim Benetti Planner I i;\commdev\boaa-pc\1998\0903\fpphrua l.doc • N I I I 1-1) it Q ___:_1( v 11 1 1 d 1 4040 lail 0 > E), , tat.; ft AV* '' ■1\* 3 al 1 vi W t m \l4 •-•-• ••,,-.•• •:,,,,...; CO t -- -,-,A. _k 4 MI J- ---1; t G iii ID D _ :Sid,! � C) D :: :71: • •N :i / :: �; :cr :§AFS IN : c -rr ii 1�� 1-C.1s�m ■a 1 �la El �ry Ear, z im wow �: `�._ ■� CEJ e � ;�., ��Ii Act,?irie�� Al � �elf& sti�tit M li/. �•�Ei� y . raaa*" 141"etOS I/ r 3 UUMMM§wollumiggo ■uvh Iir,1 -I 73 'i Nn: iN'Sd3H- -4 ,i N D 0 EXHIBIT A / T/ y--_ : w4.w.wwxa.MIL l // •'Nt1/.Mss 16 1.111,R.41 wrlr[rr 60133 —T' —... i • v. %y 1=. Yy .....1 . 0 wn wwro m =1 el" gy4Pbi� tl:1 L .•.ri u ��, Y9AV Sg5c�� a8If: L ;: i19 fano Iil i 11•.11ypt•pY1[Y b� fa•m'et['n S .� f .e/a !� a N P� 9 1p[•1VwY n0.w P .� 1W'01'1pti�w O q iI �� (.ylS t! n ro y S & sorurort 11o.Wa 8 0p:�g . 4114 now 1 I 15 102•41 t MO 1.1 $a OI s i Nairn 401 F�� v serum%1moo ■ 9 { gg�"a I 8 43_34. \� a m / O • IIG A.'w 1.n.1.17 • • slEi € A.:, 111.2.,.•.,1 I • • i$ 4. I yg "»,'4^J x; O !� -1——-- tePtii$ Igl u :iOY < 10. [[ air�g g I ?�$ � Ij I 1 � wit O . z- ' e > - EN. > d: c-a1 "F,',- Y ey -g: all kill v4. @ �•' :Pia N^ ,�, �'3: a z� Y s" 11 O i" < r = S e 1,T i <. 1 •°0 70 E` B 88 $ ' 20 I a a: i o .'�• 0 . c n ? CP.? $ `4.v of So ^7: 3.7 ovz w9t`s 1E lb i ip a s c . I �a - .S wAi I:c trill!= 8 - z g s3 a" m a ;a g IQ 10 g 1- °IF. « Y . X03' 3 :E. 3 :" 4+i z• a i s - i _29 . 4: sas3 ° y s:'F z O . s = a g=al `= i E3 4;11i _" �>" 24 u + :r4. a g atI" a S nod- I n 81 141 3 d p a$8 gi t I 8 g'..4. 8 a L lib I i £E.Eh34- z ' 7 c - 3 I �a In< 3 0 � � i !8-• 8 a rt III m `IIS g i; ; o s:}, 261 1 s g Vis' i il;r , 1 saxu!4 a ill 8; • 1 11414 afq $ Y5! 3 i S IY ° uc-o a a a . c : Im Inane gt I r, a. g a _ - CL 44� inn 11 EXHIBIT B /Y. D . CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner SUBJECT: Final Plat of Prairie Village 4th Addition Thompson Land Development(Applicant) DATE: April 6, 1999 Discussion Thompson Land Development is requesting Final Plat approval of PRAIRIE VILLAGE 4TH ADDITION. The subject site is generally located north of Valley View Road and east of Sarazin Street (Exhibit A). A copy of the March 18, 1999, Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Prairie Village 4th Addition, subject to conditions recommended by the Planning Commission and staff 2. Revise the conditions of approval for the Final Plat of Prairie Village 4th Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Prairie Village 4th Addition. 4. Table action on this item and request additional information from the Thompson Land Development and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Prairie Village 4th Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5099, a Resolution Approving the Final Plat of Prairie Village 4th Addition, subject to conditions, and move its approval. i:\cmrurdev\cc\1999\cc0406\fpprvil4.doc RESOLUTION NO.5099 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF PRAIRIE VILLAGE 4TH ADDITION WHEREAS, Thompson Land Development, a division of U.S. Home Corporation, is the applicant and owners of said property. WHEREAS, the property upon which the request is being made is legally described as follows: Outlot C,PRAIRIE VILLAGE 3RD ADDITION according to the recorded plat thereof Scott County,Minnesota. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Prairie Village 4th Addition on March 18, 1999, and has recommended its approval. 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 Final Plat of Prairie Village 4th 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 in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$270 per sign pole. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission prior to construction. 4. Cash payment in lieu of park dedication shall be required in the amount of $700.00 per residential lot. The Park Dedication payments shall be paid at the time of the recording of the Final Plat. 5. City Finance Department indicates an assessment of $27,538.00 for the Sarazin Street Improvement Project (No. 96-1). The City Engineer will reapportion these special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 6. The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 7. The developer shall provide easements, as required by City Code, including access easements to ponding areas if necessary. B. The following conditions shall apply after the filing of the Final Plat: 1. No building permits shall be issued for Outlot A until it has been final platted. 2. Building locations, construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. 3. The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 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 CERTIFICATION OF RESOLUTION NO. 5099 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5099, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 6th day of April, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL PREPARED BY: City of Shakopee 129 South Holmes Street 13 . CITY OF SHAKOPEE • Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti,Planner I SUBJECT: Final Plat of Prairie Village 4th Addition MEETING DATE: March 18, 1999 APPLICATION DATE: February 16, 1999 REVIEW DEADLINE: April 19, 1999 Site Information Applicant: Thompson Land Development Location: North of Valley View Road and east of Sarazin Street Current Zoning: Urban Residential (R-1B)Zone Adjacent Zoning: North: Urban Residential(R-1B)Zone South: Agriculture(AG)Zone East: Urban Residential(R-1B)Zone West: Planned Unit Development Overlay No. 6 (MVHC) 1995 Comp.Plan: Single Family Residential Area: 70.09 acres in Preliminary Plat 34.94 acres in Final Plat of Prairie Village 4th Addition MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Location/Zoning Map Exhibit B: Prairie Village 4th Addition Final Plat Map Introduction Residential Development, Inc. is requesting approval of the Final Plat for Prairie Village 4th Addition. This development is generally located north of Valley View Road and east of Sarazin Street (Exhibit A). This Final Plat (Exhibit B) is in substantial conformance with the approved preliminary plat. Considerations 1. The preliminary plat for Prairie Village was approved by the City Council on July 2, 1996. 2. This final plat is the fourth of five proposed phases of Prairie Village Addition. Approximately 17.9 acres remain for the fifth and final phase. 3. The Engineering Department has reviewed the submittal materials and has provided comment. Staff has incorporated these recommendations into the conditions of approval. 4. Assessments for the subject property will need to be reapportioned. The developer shall waive their right to appeal the reapportionment. 5. Building site plans, setbacks, materials, and landscaping will be reviewed by the Building Official, City Planner, and City Engineer at time of building permit application. 6. At time of original Preliminary Plat approval, park dedication fees were required at $700.00 per residential lot. Since that time the City Council has approved a revision to the park dedication fees at$1,200.00 per single family lot. Since the $700.00 fee was previously established by resolution, the developer is responsible for this amount only. Alternatives 1. Recommend approval of the Final Plat of Prairie Village 4th Addition subject to conditions as set forth below: 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 in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$270 per sign pole. iii) Cash payment in lieu of park dedication shall be required in the amount of $700.00 per residential lot. The Park Dedication payments shall be paid at the time of the recording of the Final Plat. iv) The developer agrees to the reapportionment of assessments by the City Engineer. v) The developer agrees to pay storm water trunk charges and sanitary sewer trunk fees. vi) The developer shall provide easements, as required by City Code, including access easements to the ponding area. b) The following conditions shall apply after the filing of the Final Plat: i) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications prior to the commencement of construction. ii) No building permits shall be issued for Outlot A until it has been platted and combined with other properties so that these areas meet the City's design standards. iii) Building locations and construction, sewer and water services, fire protection and fire access shall be reviewed for code compliance at time of building permit application. iv) The developer shall be responsible for the operation and maintenance of the temporary storm water lift station in this development, if necessary. v) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 2. Recommend approval of the Final Plat of Prairie Village 4th Addition subject to revised conditions. 3. Do not recommend approval of the Final Plat of Prairie Village 4th Addition. 4. Table action on this item and request additional information. Staff Recommendation Staff recommends Alternative No. 1, the Planning Commission recommends approval of the Final Plat of Prairie Village 4th Addition, subject to conditions,to the City Council. Action Requested Offer and pass a motion to recommend approval of the Final Plat of Prairie Village 4th Addition, subject to conditions,to the City Council. 61-1Tim Benetti Planner I i:krommdev\boas-p61999\0318\fpprvi14.doc , -_-._____ 0 Q Q c 0 Q -5 o ix3 S LI -F' r w > J `J ¢ Q i_ c • -HEASANT :UN T. i. j `X►I .111114111111 l. . , \� .� 0 ,Q3�I��Cp.��T�S.� „�\• \ A W ��0 ,I�,v .�414SOLA nlItip O,y'T,,'• o F > 3. •� O Pilo &►'1D000 o O F 3 !Edit' p m o NMI Firm 20 . 2 ,� C *11, tiAll � 0-au Pro _' p J p• . a3 mei,as 00 _. sr 4 Q�PGE '. nelb..v 1 ei liglt . _, i NI' ,21VS j,,,, . p, o I U �J . 44, .._ , • M li v r f- >> (1) — N ¢ '" ❑N w 'Q21 T1VH S21'dH Co > -,RPM i _ x--- :, m m xi 1Yr - CD 4*1 < 1 fili EXHIBIT A � � a ce. tap p b� 4, 3 as4lSlim o /� L • 4 1`c,, I \'ft \\ ti:;!:.-', ', ...._.arca r woroe•u'w -ST O 1 0400 I I.,..,cly IF • 1 Orl it, 1 Q ii ao rJ.; !.) Ilk 0 \« e /Stf NVQ \� Y.r• .It'. ,.._ < r1. o C C] W ,f\ \ �` ,10 ‘ '4'Alll. \ \ {$4 fn cls ui�''I ,..r..cos W/� It ., --- „..r Li. I TI a'� /� ^^ ^ p FRp CL 4p, A. l < ;" ,-,4, <( :.I I w.« -1;-, N _ . / 1 M) C $^ I leI �Z r0 1 'Tt'� / .. ' l I I 5 .'I.g PI / ^ ' Q ii a-Z MLS N3ZVH R / rn I x„ / / 4JI N M ? N CO N i'''a /' " / n to M /;.' e I MI is '� 1 ...: -zrrol—� 1.332i1S NIZV YS .l S iOliflO D-- ass'' r l EXHIBIT B 6661 O8 4; or S[ Qa3 uoW 2-VdSoS5\Sk35S\S133f'OkW\OY30111V\:.1 __ • ,.. ,, . a . di dip. 0,rgL)9 ...._ �. ,r iyit .O c I uQ( 60 ik43 /1(4 '3'8N 7s-11 n iy uv -- �° /� .M.9t,90.00N 7,1.93 - W $s N\ 9928 vt -'' ; .1.4%-•05. `9,'a` -- __ ` . _.\ ,IFI,fto 4;s ;; Q `—, fl NO. C' , 1/ter,, \• •4^ % 61' diig..i . a 11,1 L \% i `\\ it N 1 a �n5 \ a.;,, 4,h„lye.: '� t•e 1 \!J ) `0.0 \ \ \ o,- 3 '-.1,4 s i r- \3, .71 14• \ \ .. 1 1 ♦ 41y\ \ - \ ♦ — \ .b \ Via- �' ;, 41,‘,‘--'/1 \ p') Lam\ 1 6:, .'g' ...J- �. LK.. 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'4,i `t1 I 31 I q nj_ ' ' - - 11 1 1 I I , AN Z t ..,u..,:oni1-- / i 1 1 \ 1 W L--""----2 1--0i t7--I L_-<aa--1 L-n,c--I - 1 1 =Iit ' ,-i io�1 IR >1 ..tn or.. s\ rq 1 QI -_—_ -,,1111- - �~ II -�R 1332:11S N3ZVH - _. • 1 i GYRI � I , / 1 13 . . I I. • .. &i,, r .... u.,w; _... 1 - R ^FI 'il t:8 ll') R co as3 N 8$e �I • I O N . I :: i.. 3 �` ;N 1 •1 1 in . ,,, ,,,.. we twow,- . 1 I 11, 1 I1 a as'+ot-;a I 1332:11S -.. NIZ`d2�dS 7; 3,fZ,Z4005 I j v,„ 00'01-=',' --- ---SI'669- M.£Z.Lf.691.1 3.40,£LOOS • EXHIBIT B 6661 Oc:El:01 ;1 uaJ 03'i a-VIN,055\;0;5\S13Jf 0Hd\OVJUInf\:j CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I('1 SUBJECT: Final Plat of Stone Meadow 4th Addition Residential Development,Inc. (Applicant) DATE: April 6, 1999 Discussion Residential Development, Inc. is requesting Final Plat approval of STONE MEADOW 4TH ADDITION. The subject site is generally located south of Vierling Drive and west of Polk Street (Exhibit A). A copy of the March 18, 1999, Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Stone Meadow 4th Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of Stone Meadow 4th Addition, and approve subject to the revised conditions. h Addition. 3. Do not approve the Final Plat of Stone Meadow 4th 4. Table action on this item and request additional information from the Residential Development,Inc. and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Stone Meadow 4th Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5100, a Resolution Approving the Final Plat of Stone Meadow 4th Addition, subject to conditions, and move its approval. i:or,ae x1999 O4o6 4.aoc RESOLUTION NO.5100 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF STONE MEADOW 4TH ADDITION WHEREAS, Residential Development, Inc. is the applicant and owners of said property. WHEREAS, the property upon which the request is being made is legally described as follows: Outlots B, C and D, STONE MEADOW 3rd ADDITION according to the recorded plat thereof Scott County,Minnesota. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Stone Meadow 4th Addition on March 18, 1999,and has recommended its approval. 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 TILE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Stone Meadow 4th 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. Street signs (if or where needed) shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign. 3. Park Dedication fees are due at $541.87 per residential lot, and may be deferred until issuance of building permits. 4. The Common Interest Community(CIC) declarations shall be reviewed by the City Attorney prior to filing with the Scott County Recorder's Office. 5. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 6. The final plat shall be revised to indicate Outlot A as "Drainage and Utility Easement." RESOLUTION NO.5100 PAGE 2 OF 2 B. The following conditions shall apply after the filing of the Final Plat: 1. The perpetual maintenance of all open space/outlot areas shall be provided for by the Homeowners Association. 2. A property owner's association or maintenance agreement for the shared driveways must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement shall also grant the City the right to access, and to charge the cost of such maintenance back to the property owners. 3. The structures shall be constructed with windows with an STC of 30 or greater and provide year round climate control to meet the noise levels standards. 4. Building locations and construction, sewer and water services, fire protection and fire access shall be reviewed for code compliance at time of building permit application. 5. No building permits shall be issued for Outlot B until said lot is platted and combined with the existing Stone Meadow PUD development. 6. The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 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 CERTIFICATION OF RESOLUTION NO. 5100 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5100, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 6th day of April, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL PREPARED BY: City of Shakopee 129 South Holmes Street 1141—.) CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Final Plat of Stone Meadow 4th Addition MEETING DATE: March 18, 1999 APPLICATION DATE: February 18, 1999 REVIEW DEADLINE: April 19, 1999 Site Information Applicant: Residential Development, Inc. Location: South of Vierling Drive and west of Polk Street Current Zoning: Planned Unit Development# 11 (Stone Meadow) with underlying zone Urban Residential(R-1B)Zone Adjacent Zoning: North: Multiple Family Residential(R-3)Zone South: US Hwy. 169 Right-of-Way East: Urban Residential(R-1B)Zone West: Jackson Township 1995 Comp.Plan: Medium Density Residential Area: 3.88 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Location/Zoning Map Exhibit B: Stone Meadow 4th Addition Final Plat Map Introduction Residential Development, Inc. is requesting approval of the Final Plat for Stone Meadow 4th Addition. This development is generally located south of Vierling Drive and west of Polk Street (Exhibit A). The preliminary plat for Stone Meadow was approved on March 18, 1997. This Final Plat (Exhibit B)is in substantial conformance with the approved preliminary plat. Considerations 1. This final plat is the 4th of 5 proposed phases of Stone Meadow Addition. 2. The Engineering Department has reviewed the submittal materials and has provided comment. Staff has incorporated these recommendations into the conditions of approval. 3. Assessments for the subject property will need to be reapportioned. The developer shall waive his right to appeal the reapportionment. Alternatives 1. Recommend approval of the Final Plat of Stone Meadow 4th Addition subject to conditions as set forth below: 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 MUEC. b) Electrical system to be installed in accordance with the requirements of MUEC. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs (if needed) shall be constructed and installed by the City of Shakopee at a cost to the developer of $270.00 per sign pole. iii) Park Dedication fees are due at $541.87 per residential lot, and may be deferred until issuance of building permits. iv) The Common Interest Community(CIC) declarations shall be filed with the Final Plat. v) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. vi) The final plat shall be revised to indicate Outlots A & B as "drainage and utility easements." b) The following conditions shall apply after the filing of the Final Plat: i) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications prior to the commencement of construction. ii) The perpetual maintenance of all open space/outlot areas shall be provided for by the Homeowners Association. iii) A property owner's association or maintenance agreement for the shared driveways must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to access, and to charge the cost of such maintenance back to the property owners. iv) The structures shall be constructed with windows with an STC of 30 or greater and provide year round climate control to meet the noise levels standards. v) Building locations and construction, sewer and water services, fire protection and fire access shall be reviewed for code compliance at time of building permit application. vi) No building permits shall be issued for Outlot B until said lot is platted and combined with the existing Stone Meadow PUD development. vii) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 2. Recommend approval of the Final Plat of Stone Meadow 4th Addition subject to revised conditions. 3. Do not recommend approval of the Final Plat of Stone Meadow 4th Addition. 4. Table action on this item and request additional information. Staff Recommendation Staff recommends Alternative No. 1, the Planning Commission recommends approval of the Final Plat of Stone Meadow 4th Addition, subject to conditions,to the City Council. Action Requested Offer and pass a motion to recommend approval of the Final Plat of Stone Meadow 4th Addition, subject to conditions,to the City Council. 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IC''' ,5w u'r''... ;r,;,..Ti{ -r i w I` tiI ' I I t EXHIBIT B I 'd 88P.yIe ist0 aN • a 1 9NIU3NI9N3 0N(1103H Wd60:t 6661 '81 ' 9ad fta 1. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Removal of Stop Signs at 10th Avenue and Apgar Street Intersection DATE: April 6, 1999 INTRODUCTION: At a previous City Council meeting in 1997, Council directed staff to review the 4-way stop signage at the intersection of 10th Avenue and Apgar Street, and the specific direction was to consider the removal of stop signs on 10th Avenue at this intersection. This item is for Council to consider the removal of stop signs on 10th Avenue at this meeting. BACKGROUND: In January, 1997, City Council directed staff to conduct an engineering study at the intersection of 10th Avenue and Apgar Street for the purpose of removing stop signs on 10th Avenue. The reason for this directive was due to relocation of Apgar Street to Fuller Street south of 10th Avenue. Apgar Street is no longer the collector street in this area and is no longer a County road. Staff has conducted an engineering study on the traffic volume at the intersection of 10th Avenue and Apgar Street in 1997, 1998 and 1999. These studies are attached and were conducted according to the requirements in the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) as approved by Mn/DOT. This manual is widely utilized for signage of streets and roadways throughout Minnesota. Traffic counts were taken on November 18, 19 and 20, 1997; September 14, 15 and 16, 1998; and March 30, 31 and April 1, 1999 to complete the 48 hour traffic count as required. On December 2, 1997, Council considered the 1997 traffic study for this intersection and it was determined to restudy this area in 1998 after more development is completed in Meadows North and Westwind Addition. The 1998 traffic study was not brought back to Council but was referred to WSB and Associates, Inc. as part of the Overall Signing Study being done for the city at that time. Traffic counts were again taken recently as the area south of Apgar Street is almost fully developed and there have been changes in commercial developments in 1998 particularly the relocation of a major grocery store to CSAH 17. From these studies, it has been determined that at the current traffic volumes, this intersection does not meet the warrant for a multi-way stop sign condition. The main reason for this is that the traffic volume from Apgar Street does not meet the minimum requirements of at least 200 vehicular and pedestrian units per hour for an eight hour period, as per the MMUTCD. This intersection does meet the requirements of stop signs on Apgar Street, as the traffic volume on 10th Avenue is considered a through collector street. In review of this intersection and the surrounding area, staff would have these following comments: • The developments south of 10th Avenue near Apgar Street are almost fully developed at this time. • Apgar Street is no longer a County Road or a city collector street due to the realignment of Fuller Street to Apgar Street south of 10th Avenue. • If stop signs are removed on 10th Avenue at this intersection, the multi-way stop sign spacing between Adams Street and 10th Avenue and Fuller Street and 10th Avenue is approximately 7/10 of a mile spacing. • If stop signs are removed, temporary signs stating "Traffic Control Change Ahead" should be placed on all four legs of the intersection to alert motorists. These warning signs should remain in place for at least 6 weeks and have flags placed on the signs so that motorists will be accustomed to the change in signage. • If stop signs are removed, stop signs on Apgar Street should have an additional sign that states "Cross Traffic Does Not Stop". This would alert the motoring public of this traffic signage change. • The traffic counts on Apgar Street did increased from 1997 to 1998 but not in 1999, however, the total approach volumes is much less than the required 200 vehicle and pedestrian per hour for any eight hour period in an average day for all three traffic volume studies. • The NE quadrant of this intersection has pine trees and shrubs which should be removed prior to a signage change if approved by Council. (See attached drawing) • The Designated School Pedestrian Sign on Apgar Street, north of 10th Avenue, should be removed since Apgar Street is no longer a County road or City collector street and this is not a designated school route,per the School District. • The "Stop Ahead" pavement markings on 10th Avenue needs to be removed in conjunction with the stop sign removals if approved. The appropriate time to change signage for the motoring public is in the spring or summer, in which the street pavements are free of snow and ice. This would allow the motoring public to have the maximum braking power to avoid any possible accidents due to a signage change. Staff also did check with the School District for any concerns on the removal of stop signs at this intersection and no concern was given by District officials. Staff did send a notice on this proposed signage change to residents within a 500 foot radius of this intersection and properties within Prairie View 1st and 2nd Additions. This letter and notification area map is attached. Also, staff has included a phone log of comments from residents about this proposal and any comments in writing for Council review. A total of 120 notices were sent and a total of five (5) responses were received. From these responses, three (3) were in favor of leaving the stop signs as is, one (1) was in favor of relocating the 4-way stop signs to Pierce Street and 10th Avenue, and one (1) was in favor of removing the signs on 10th Avenue. ISSUES: The issue is whether to leave the 4-way stop signs at this intersection since these stop signs have been installed for several years, or to remove the stop signs on 10th Avenue since the 4-way stop condition is not warranted by traffic volumes. Staff has taken traffic counts in 1997, 1998 and 1999 and the counts indicated that the total vehicular volume entering the intersection from all approaches almost meets the 500 vehicles per hour for any eight hour of an average day mainly due to the traffic volume on 10th Avenue. The traffic volume on 10th Avenue has decreased according to the 1999 traffic counts. For a multi-way stop sign, the minor street (Apgar Street) must average 200 units per hour for the same eight hours of combined vehicular and pedestrian volume. Staff has determined that the volume from Apgar Street does not meet this warrant criteria. The traffic volume peak in 1999 was 103 per hour for Apgar Street. Staff also reviewed the accident report history for the past year on this intersection and found that one accident occurred in August of 1998. In this accident, the driver on 10th Avenue failed to stop and hit a car from southbound Apgar Street making a left turn. The concerns on removing the stop signs on 10th Avenue is that the speed on 10th Avenue will increase on 10th Avenue between Adams Street and Fuller Street, pedestrians will have a more difficult time crossing 10th Avenue at Apgar Street, and the residents are used to the four way stop for many years. In addressing these concerns, the police department may need to provide additional enforcement to control speeds. Attached to this memo is a memo from the Police Department on relocating the 4-way stop signs to Pierce Street and 10th Avenue. With the concern of pedestrian crossing, the current state law is for vehicles to stop for pedestrians in a crosswalk whether the pedestrian crosswalk is signed or not. Pedestrian Crosswalk signage could be added at Apgar Street to alert motorists of the state law. With the issue of motorists accustomed to the 4 way stop, staff is recommending that "Traffic Control Change Ahead" signs be installed for a minimum of 6 weeks with flags to alert motorists if the removal of stop signs on 10th Avenue is ordered by Council. ALTERNATIVES: 1. Direct staff to remove the stop signs on 10th Avenue, at the intersection of 10th Avenue and Apgar Street, and to install the appropriate warning signs at this time. 2. Direct staff to remove the stop signs on 10th Avenue, at the intersection of 10th Avenue and Apgar Street, and to install a 4-way stop sign condition at Pierce Street and 10th Avenue and to install the appropriate warning signs. 3. Direct staff to leave the traffic signage as is at the intersection of Apgar Street and 10th Avenue. RECOMMENDATION: Staff recommends Alternative No. 1,based upon the multi-way stop sign warrants are not met for traffic volumes, however, Council may want to consider the issues the residents raised to staff and also consider any public input at the Council meeting in reaching a final decision. ACTION REQUESTED: Direct staff to remove the stop signs on 10th Avenue, at the intersection of 10th Avenue and Apgar Street, and to install the appropriate warning signs at this time or to leave the four way stop signs at this intersection as is. race Loney Public Works I irector BL/pmp STOP 111111 el3wwI1DU _ ( z Sill Lai y Lai _I U O S I M 3 7 ( N y " o Q 1 U1--c---0 00 1 < D 0 N� S3w�aH �.� 6= Wadd P = SNVIS N J a11330 e13-1-inJ ...›,. I f d� 4111k: tarNld I0 �� fc. IL =' -,.im i 1 r U°I I 0 0S _ 1SJ 1103S-----------7 �� E- o Q' . 33 3 1S edDdd 1S I = , LI Li f~— (A Q > > Lei ,AdMhnHr > (. > I o LL,, ) Y q Q �— w 3 z �% z w Id \-A d \- . '1S 33 3Id 3 z � W 0 ' 1S AV-13 Nv, W 1 S v a � � W u la 1 > ednl '1S cn• Y W H H Q W E I i W U Ii J Q Z } W ° I--. Z (44 Y Q U J p f LA U --, U CY t" W U W 0 Q d a3 Mi. l7 ce W � WZa 0 W W J L., Wu Q ay _,N 3 W W / SWdQd 111 Sl ON H'd'S'3_ \ W I H 2 CITY OF SHAKOPEE Average Daily Approach Traffic Volume Report 4"NORTH 546 DATE PREPARED: 12-1-97 0 0_ 10TH AVE. 4,683_ 3,526 224 Average Daily Approach Volume Entering Intersection: 8,979 Southbound — 6.1% Northbound — 2.5% Westbound — 52.1% Eastbound — 39.3% INTERSECTION APGAR ST. & 10TH AVE. IN SHAKOPEE FROM 11-18-97 TO 11-20-97 SOURCE Traffic Counts Approach Traffic Volume Count for 10th Ave. &Apgar St. November 18--November 20, 1997 Time Northbound Southbound Eastbound Westbound Frame: Count Count Count Count 16:00 14 55 268 375 17:00 19 81 298 413 18:00 19 44 313 427 19:00 17 33 366 365 20:00 16 28 257 321 21:00 11 14 164 293 22:00 6 8 94 151 23:00 4 4 46 78 0:00 0 9 22 31 1:00 2 1 5 14 2:00 0 2 8 8 3:00 0 0 9 6 4:00 0 2 3 4 5:00 2 2 5 8 6:00 3 2 31 29 7:00 11 13 107 116 8:00 20 29 336 288 9:00 11 31 170 322 10:00 10 15 160 235 11:00 7 16 152 197 12:00 6 31 195 188 13:00 5 37 186 244 14:00 9 29 183 233 15:00 19 64 227 356 16:00 15 47 258 413 17:00 22 68 336 483 18:00 17 45 265 396 19:00 15 40 295 413 20:00 15 32 196 286 21:00 18 20 184 274 22:00 11 11 114 159 23:00 4 19 58 59 0:00 2 3 22 62 1:00 4 5 8 15 2:00 0 4 5 11 3:00 1 1 1 5 4:00 0 1 3 2 5:00 1 3 6 14 6:00 4 5 22 27 7:00 16 11 106 108 8:00 14 13 343 291 9:00 14 15 147 247 10:00 9 31 159 200 11:00 10 36 151 205 12:00 9 36 188 176 13:00 12 25 171 224 14:00 9 30 163 218 15:00 14 40 245 375 Total Approach Traffic Volume --24 Hour Periods Day 1: (11/18 -11/18)) 211 550 3605 4702 Day 2: (11/19 - 11/20) 236 541 3446 4663 Avg: (11/18 - 11/20) 224 546 3526 4683 CITY OF SHAKOPEE Average Daily Approach Traffic Volume Report NORTH 781 DATE PREPARED: 9-17-98 CD 0 10TH AVE. 4,494 -- —14,4721 349 Average Daily Approach Volume Entering Intersection: 10,096 Southbound — 7.7% Northbound — 3.5% Westbound — 44.5% Eastbound — 44.3% INTERSECTION APGAR ST. & 10TH AVE. IN SHAKOPEE FROM 9-14-98 TO 9-16-98 SOURCE Traffic Counts Approach Traffic Volume Count for 10th Ave. &Apgar St. September 14--September 16, 1998 Time Frame: Northbound Southbound Eastbound Westbound Count Count Count Count 11:00 18 30 163 167 12:00 20 34 221 217 13:00 21 37 237 244 14:00 25 35 232 238 15:00 27 53 287 266 16:00 24 67 345 355 17:00 36 74 385 377 18:00 31 81 352 362 19:00 29 48 386 397 20:00 21 46 321 330 21:00 18 19 212 218 22:00 12 21 150 155 23:00 12 21 86 89 0:00 6 7 26 27 1:00 3 4 9 9 2:00 2 3 10 10 3:00 0 1 7 8 4:00 3 1 6 7 5:00 3 4 4 5 6:00 7 7 29 29 7:00 9 28 101 104 8:00 23 62 331 318 9:00 16 48 189 194 10:00 13 49 214 220 11:00 14 36 183 188 12:00 16 39 210 216 13:00 18 38 215 221 14:00 21 44 219 225 15:00 19 60 300 309 16:00 22 49 388 372 17:00 22 72 395 406 18:00 29 60 467 481 19:00 22 54 480 462 20:00 18 53 390 353 21:00 13 33 265 273 22:00 12 21 151 155 23:00 10 13 68 70 0:00 4 11 40 41 1:00 3 5 11 11 2:00 2 4 10 10 3:00 1 0 7 7 4:00 2 1 6 5 5:00 3 2 7 5 6:00 8 10 32 32 7:00 20 42 108 111 8:00 21 66 280 275 9:00 19 50 206 201 10:00 13 33 217 216 Total Approach Traffic Volume --24 Hour Periods Day 1: (9/14 -9/15) 374 774 4297 4345 Day 2: (9/15 -9/16) 325 789 4648 4643 Avg: (9/14-9/16) 349 781 4472 4494 CITY OF SHAKOPEE Average Daily Approach Traffic Volume Report NORTH 602 DATE PREPARED: 4-1-99 10TH AVE. --01111-13,4371- -12,811 ,437-12,811 1-1110-- 382 Average Daily Approach Volume Entering Intersection: 7,232 Southbound — 8.3% Northbound — 5.3% Westbound — 47.5% Eastbound — 38.9% INTERSECTION APGAR ST. & 10TH AVE. IN SHAKOPEE FROM 3-30-99 TO 4-1-99 SOURCE Traffic Counts Approach Traffic Volume Count for 10th Ave. &Apgar St. March 30--April 1, 1999 Time Northbound Southbound Eastbound Westbound Frame: Count Count Count Count 11:00 8 24 107 136 12:00 19 24 170 165 13:00 20 46 125 194 14:00 12 30 152 200 15:00 17 69 186 261 16:00 19 36 187 295 17:00 27 65 236 360 18:00 34 61 252 309 19:00 37 33 217 255 20:00 41 38 176 250 21:00 29 19 152 173 22:00 10 24 78 106 23:00 6 9 54 66 0:00 1 1 12 36 1:00 0 2 7 10 2:00 2 3 5 1 3:00 0 5 4 6 4:00 0 3 9 11 5:00 2 4 4 2 6:00 6 7 21 12 7:00 30 19 76 68 8:00 46 53 241 176 9:00 24 30 135 174 10:00 18 37 172 170 11:00 27 18 129 145 12:00 14 22 142 179 13:00 7 17 167 192 14:00 11 30 140 216 15:00 17 58 184 303 16:00 20 53 227 321 17:00 31 53 258 333 18:00 17 51 278 322 19:00 20 35 222 273 1 20:00 27 32 154 218 21:00 25 28 140 154 22:00 8 16 83 83 23:00 4 8 40 39 0:00 0 5 21 26 1:00 1 1 7 9 2:00 1 3 7 12 3:00 0 1 5 10 4:00 0 0 6 4 5:00 3 2 3 3 6:00 4 9 19 15 7:00 22 15 82 64 8:00 55 48 259 199 9:00 34 30 122 175 10:00 8 27 148 142 Total Approach Traffic Volume --24 Hour Periods Day 1: (3/30 -3/31) 408 642 2778 3436 Day 2: (3/31 -4/1) 356 562 2843 3437 Avg: (3/30 -4/1) 382 602 2811 3437 4/2/99 10th Ave. and Apgar St. Traffic Volume Summary 1997 - 1999 1997 1998 1999 1997 1998 1999 Total Total Combined Time Vehicular Required Vehicular& Required Frame: Volume For Vehicular Pedestrian Volume on Intersection Volume Volume on Minor Street Minor Street 11:00 372 377 275 500 23 48 32 200 12:00 420 491 378 500 37 53 43 200 13:00 472'*, 385 500 42 58 66 200 14:00 454 394 500 38 59 42 200 15:00 ,riii500 83 80 86 200 16:00 500 62 91 55 200 17:00 r:0:,!:::,,,-,,:: .14,.-_-_� ;:::= 500 90 110 92 200 18:00 _. rr ' !r' : 500 62 112 95 200 19:00 0 ' 4 4;; ,i3,,`::- , 500 55 77 70 200 20:00 ' "' 500 47 67 79 200 � E x 21:00 496 467 373 500 38 37 48 200 22:00 295 338 218 500 22 33 34 200 23:00 140 207 135 500 23 33 15 200 0:00 89 66 50 500 5 13 2 200 1:00 32 24 19 500 9 7 2 200 2:00 20 25 11 500 4 5 5 200 3:00 8 16 15 500 2 1 5 200 4:00 6 15 23 500 1 3 3 200 5:00 24 15 12 500 4 7 6 200 6:00 58 71 46 500 9 13 13 200 7:00 241 242 193 500 27 37 49 200 8:00 ' I 1,toi . E 500 27 85 99 200 9:00 423 446 363 500 29 63 54 200 10:00 399 495 397 500 40 62 55 200 11:00 402 420 319 500 46 50 45 200 12:00 409 480 357 500 45 54 36 200 13:00 432 490 383 500 37 55 24 200 14:00 420 a 397 500 39 65 41 200 `;''' 500 54 79 75 200 15:00 ..,>'w;� �°°m 16:00T " . 500 69 71 73 200 17:00 ro:PiT' ' '' ;$ f 1 . 500 100 94 84 200 18:00 .i' 500 63 89 68 200 19:00 't-::';4:4'::'.'1 a ''s _ 500 50 75 55 200 20:00 '' '141'":41.1'4Y.N:';- 431 500 44 71 59 200 21:00 482 4,.,, 347 500 25 46 53 200 22:00 259 339 190 500 14 33 24 200 23:00 132 159 91 500 8 22 12 200 0:00 62 95 52 500 9 15 5 200 1:00 22 29 18 500 3 7 2 200 2:00 18 24 23 500 2 5 4 200 3:00 15 14 16 500 0 1 1 200 4:00 9 14 10 500 2 3 0 200 5:00 17 16 11 500 4 4 5 200 6:00 65 81 47 500 5 18 13 200 7:00 247 280 183 500 24 62 37 200 8:00 ' .' . 500 49 86 103 200 9:00 475 361 500 42 68 64 200 10:00 420 478 325 500 25 45 35 200 10APGAR.xls _. : 4 I, I u, O 0 Y CO-1 -I O N i_...,, nw C 0 70-.< \m � O C i'l 0 D rim 70 H I I :�D Z r d Z£ c H .C4 t:\T ZM ST1 D n 77 1-9w '-1 � N co, t2;1 z w . -< fel -4, 73 1> < ...../rt , tz, < x1 r- S Z —I vCCmom-i . D v) m 0 I I mZ� vzir<i-i N c dM-prxi = td z p ti --<I' X - v) 3> m c oxi� to otoZ _- ZC _ y G-1 N m 3 C C 11 ci to xz� >nc o Z xi-r r 7 �I dv)£w1=sm P°11111 SHAKOPEE March 23, 1999 Dear Property Owner/Resident: This letter is to inform you that the City of Shakopee has studied the 4-way stop signs at the intersection of 10th and Apgar Street and will be considering the removal of"Stop Signs" on 10th Avenue at its April 6, 1999 Council meeting. The Engineering Department has conducted traffic studies in 1997 and in 1998 with the determination that 10th Avenue stop signs no longer meet traffic sign warrants. The reason for the change in warrants is that Apgar Street is no longer a County road or collector street and the traffic volume at Apgar Street has been reduced to where a 4-way stop condition is not warranted. This letter is being sent to properties within a 500 foot radius of the intersection and properties within Prairie View 1st and 2nd Addition. If you have a concern or questions on this proposed signage change, you can call Shakopee City Hall (445-3650) and ask for the Engineering Department and/or attend the Council meeting on April 6, 1999. Sincerely, Bruce Loney,P.E. Public Works Director BL/pmp SIGN COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 A Stop Sign Study Area „. ►i►►►►► ► ►►�O staDeLirfVii►►;; :�►► �": ►iis .► ►i 11 V VD, * gn ►: .."Iii 11, IVINIII ...TT 11111 ,. 'RIMS'S al ['OD Igo VEM ,,IC-nsou4-0 Ilia to.." ow Ills ) I i Ott —Ns 111011111►:: IMO ■•ma itio ►� 110 0111 cop ..1.urm ing IIIS lims •■ [- 0 sont .... .00 twos • ss \- _i_ -- O►►— .11. paw f � a mil ♦ti�i owls /i.�� No -_ • .. ._•-- .� X1111 `�� " mem ■� ��. 1R i. Jt__ I ti ans �= _= - NM = ..HO I 111 go mau III —UM ENE 11. -- no mi — miem IMM M gli M IN— M RIM illi II ---1 is. No svidi-w_ss9m gamin mu IIN ANIMA ow IN iii 1 14 I /1/ lim IL 11 1 ntri 1 oi Iai�ill � �� IHIIIII: �iiii 0**: 4v1� � � �� AO rl ��:_ — IIIIII�I� �IIIIIIi��Ia — r = '' 1000 0 1000 2000 3000 4000 Feet • N SH l<COPEEw -� E COMMUNITY f"NIDE SiNcEIl857 S t:lgisprojectslmail sh.apr 02March199910:32:36 APGAR STREET & 10TH AVENUE STOP SIGN CALLS 1. Pam Olson, 620 McDevitt Street, 445-6944 • Would like stop signs at Pierce Street. 2. Peggy Phillip, 631 Hennes Avenue, 496-3104 • Want stop signs to stay at Apgar Street& 10th Avenue. 3. Roger W., 1041 Pierce Street, 445-1611 • 4-way stop signs at Apgar is not necessary. Crosswalk signs at Apgar Street for pedestrians is necessary. Need education for motorists to stop for pedestrians. 4. Jannie Hermes, 1040 Pierce Street, 445-2630 • Would like Apgar Street& 10th Avenue to stay a 4-way stop. Concerned of children's safety crossing at 10th Avenue. Speed concern on 10th Avenue. 5. Anonymous Letter • Would like Apgar Street & 10th Avenue to stay a 4-way stop. .. *---e_. teiA,____„1„ .„0---)2.-77 0E4_, Le...071.4&# 7_, __0(21.___ ce----- co—eezee c _c,L, „ze,„..._24_e,.., _ _ _. a---77- JO 2k a-c,-€-. Cfrf2I CI-7'&-7-.1.-e-ZoA 7 --e-C, OL--7.7 169)- 1,-., ,,---7-t-e-a--74.--, 0_ -e , da_, (7-4*---/--.1- 30 1-6,°ii-/ Ce-P----2_0- --7Y-L,„,i2,_ .. ,, .4 e, 3 ,, _ __ 0_,,,.._,, ----L---) q--e--e---eko ---- 4d/----Le ?4,. . / - -'1- ce-1 ce_ . .1-27 if. H77) 1 fi'i MAR 26 1999 1 1 — I i CM/ OF SHA!':OPEE SHAKOPEE March 23, 1999 Dear Property Owner/Resident: This letter is to inform you that the City of Shakopee has studied the 4-way stop signs at the intersection of 10th and Apgar Street and will be considering the removal of"Stop Signs" on 10th Avenue at its April 6, 1999 Council meeting. The Engineering Department has conducted traffic studies in 1997 and in 1998 with the determination that 10th Avenue stop signs no longer meet traffic sign warrants. The reason for the change in warrants is that Apgar Street is no longer a County road or collector street and the traffic volume at Apgar Street has been reduced to where a 4-way stop condition is not warranted. This letter is being sent to properties within a 500 foot radius of the intersection and properties within Prairie View 1st and 2nd Addition. If you have a concern or questions on this proposed signage change, you can call Shakopee City Hall (445-3650) and ask for the Engineering Department and/or attend the Council meeting on April 6, 1999. Sincerely, /2?Ice— Bruce Loney,P.E. Public Works Director BL/pmp SIGN COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 PS-32003-06(1-91) STATE OF MINNESOTA — DEPARTMENT OF PUBLIC SAFETY o LOCA CASENG (� TRAFFIC ACCIDENT REPORT o 'f / Z2/6 (FOR POLICE USE ONLY AS REQUIRED BY STATUTE) PAGE / OF 73 I]ATTENDED PUB PRP VEHICLESKILLED— INJURED $MIN M( jai DATEYEAR� DAY a� TIME/ M C ❑UNATTENDEDY Q\/ 1 9 ,/,"/ 1 ROUTE SYSTEM ROUTE NUMBER OR STREET NA E AT I Z //0 L INTERSECTION I OR a O S O W OF r. ON / V WITH WWW WWW C° Y NO / INT ELEM REFERENCE POINT ROUTE SYS ROUTE A, REET,CORP LIMIT,REF POINT OR FEATURE FALSITY •� /� V. `mss `r�- I 1./ O TWP + _te r J I ... ...- .•, .?:,, •.... ,...' aaJlBf 2,-''`". .•• - . ?: 'NEDESTRIAN BICYG.E FACTOR 1 DRIVER LICENSE NUMBER� ` � /�^ � STATE�CLASS �DRIVER LICENSE NUMBER- STATE CL S FACT/R 1 FACTOR 2 NA RST,MIDDLE.LAST�),,/.y^'I 1 ,,,,//�� // JK� RSTRCTNS WTHD N N� AME(FIRST,MIDDLE,LAST ,�^f `' y� RSTRCTNS WTH N FACJ 2 ��t ( `A•Y (-4/ 4 'V Y�f Kk C L I -Ix o.y..iK Flar�!(V(. eau 1^ i ne- C IED MNUVER ADDRESS 4I1� "/ 1 i 11 / S ` DATE /6 T� A/OAS DRESS J �1-wO0 C JoDii; I3/F 1:2)- UV�CR PHCL CIT TATE,ZIP ,,4 - �� GfT STATE,ZIP PHYSCL 1 /0c�1n %✓t �vrt �Il .S� aka ,� rn� 5379 RCOMA�ND ADDRESS SEX EJECT RSTRN IWCOD TO HOSP TRANSPORT ADDRE SEX EJ RSTRNT INJCOD TO HOSP TRANSPORT RC(OF{ND ,j� GOR ECT ry' A,LgB�A E CORK CT I✓ 3 0 AMBULANCE { j �� 0 OTHER ;t• „l 4 a. (°]OTHER ... .',w r - F �::: _ V �`„ .�.�z� r.�a.+..`,:d.. v�.�"... ,. z�.^ars#.. ,-' e• .,q,. .��. , e ."">�° 3"�t,.w'E'�'ap ,�:'z.;:' T-�b+.k:L"�"�4ir" "�.�. F�P# VEI YP OWNER NAME :OWN R NAME VEH .F.. 1� FIRE 1 ADDRESS OCCUP ADDRESS A OCP FIR i 14 TOW 1j� CITY,STATE,ZIP PULLI G DIRECT CITY,STATE,ZIP �{Il- PULLI G DIRE TOW /3 UNIT / UNj I DMGLOC MA MO V CO R SEOU NCE OF EVENTS t�M - MOD yr() COLOR SEGUE CE OF EVENTS DMV��// DMGS V PLAT � log '/ STATE/� A INS ANCE � ar E YEAR INSUR CE 'DMGSEV o. -��eyI J. PL Ef c- STATyin 1 I INJURED PASSENGERS/WITNESSES UNIT POSTN AGE SEX Milinsimilm TRANSPORT a 1111 I 13 AMBULANCE AMBULANCE, . 0 AMBULANCE % D OTHER «TVP R D 'D P RYE""" `MBE" ) - " -"'".""° AMBULANCE SERVICE(S)AND/OR STATE AMBULANCE RUN NUMBER(S) 1' ACCTYP OWNER Of OTHER DAMAGED PROPERTY AND/OR YELLOW TAG NUMBER(S1 7 PJte. " r' ' iy:::>a,;...,:,m t >_ . Fla `",,, ,, _w" FXDQBJ i�. IO DESCRIPTN,CHARGES PENDING,AND OR CITATIONS ISSUED DEVICE U\ a BRID1bE '_ . .� ...�` U� L � ` 0� WO/q(�/SING V JTM cLX SSL C�� _ 171�v l/ !'file-Z.0 aI VZ'` t UMRSPEED RDWORK n _ �+-� I [ .<: ------------ — -– -- ---- _ --' -- ---' a INTREL .1(1 c, 44,c,e4 i/L)c ,[ I: RDE N ' 5 f ' \)%1. '44l tip ..., - �_ yz_1.,--- 41,0 UGHT _. r_ 1 - ' - pc n ��(;eL ✓t r-6 J2 C4.aIAL RDCHAR I OF ER RA,-,;, E BADGE Y-,AND(AGENV :•; ,a »- ., . - Ja -, rn'�T'�-^�, •gin -� •;Grff*..,ca+S�A�,'� ALl' Yl0.I C\ C11JZr 1/4Q r FR(V KQ P. O PATROL SHERIFF 0 OTHER UNIT MOTOR -BIER HAAT HAS MAT'L CLASS/ID MAT'L CLASS/ID MAT'L CLASS/ID BDY TYP ADDRESS MOTOR CARRIER ID MC AXLES AXLES TRAILER SOURCE DOWN UP HITCH CITY,STATE,ZIP ICR A INSPECTOR A GVWR CITY OF SHAKOPEE Memorandum To: Bruce Loney, Public Works Director From: Dan Hughes, Police Chief Date: April 2, 1999 Subject: Stop Sign Removal, 10th & Apgar Introduction The Public Works Department's decision to make a formal request to the City Council for the removal of the stop signs controlling east and west bound traffic at 10th Avenue and Apgar Street has raised some traffic concerns from police officers. Background The request to remove these traffic control devices is understandable based upon the realignment of Apgar Street. However, the removal of the signs will create an 11 to 12 block stretch of 10th Avenue without traffic control devices. The feedback received from police officers is their concern for the speed of vehicles in the area of Sweeney Elementary School and the adjacent playground. Some of the children attending Sweeney School are required to cross 10th Avenue in the area of the Catholic Cemetery on a daily basis during the school year. Although the traffic studies conducted in the area may not warrant traffic control devices a broader consideration of the public safety issues may be warranted. Recommendation The Police Department would recommend the removal of the stop signs controlling east and west bound traffic at 10th Avenue and Apgar Street. The placement of stop signs controlling east and west bound traffic at 10th Avenue and Pierce Street would have a positive impact on the speed of vehicles in the area of Sweeney Elementary School. The 10th Avenue and Pierce Street stop signs would also allow the residents living south of 10th and west of Apgar safer access to their neighborhood. Action Requested The Police Department respectfully requests the Public Works Department to consider the placement of four way stop signs at 10th Avenue and Pierce Street in the event the four way stop signs are removed from 10th Avenue and Apgar Street. fi CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Sarazin Street, from St. Francis Avenue to Valley View Road DATE: April 6, 1999 INTRODUCTION: Attached is Resolution No. 5101, a resolution receiving a report and calling a hearing on improvements to Sarazin Street, from St. Francis Avenue to Valley View Road. BACKGROUND: On February 2, 1999, Resolution No. 5056 was adopted and ordered the preparation of a feasibility report for Sarazin Street improvements from St. Francis Avenue to the Southern Boundary of the Prairie Village development. The City Council directed staff to include alternatives for improving Sarazin Street to Valley View Road. The improvement for Sarazin Street was initiated by a petition from the developer of Prairie Village. Sarazin Street is a designated low volume collector on the City's Comprehensive Plan and Transportation Plan and is currently unimproved south of St. Francis Avenue. 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 public hearing for this project for May 4, 1999. The approval of Resolution No. 5101 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 April 6, 1999 Council meeting to provide an overview of the project and the feasibility report. Staff will make a full presentation at the May 4, 1999 Council meeting on the feasibility report for the public and the Council at the public hearing. Within the report, staff addresses the improvements to Sarazin Street for two phases and three alternatives of Sarazin Street connecting to Valley View Road. The two phases of Sarazin Street improvements studied are as follows: Phase I - Sarazin Street, from St. Francis Avenue to approximately 750 feet south past the intersection of Mooers Avenue. Phase II - Sarazin Street, from St. Francis Avenue to Valley View Road Mooers Avenue is the one of the street accesses for Prairie Village 4th Addition which is proposed to be constructed and developed this year. Construction of Sarazin Street to Mooers Avenue is essential to providing two accesses to the Prairie Village developement to avoid temporary overlength cul-de-sacs and good emergency vehicle connections. Staff also reviewed the future alignment of Valley View Road to Sarazin Street and determined three alternatives as follows: 1. Connect Sarazin Street to Valley View Road in itspresent alignment with a tee intersection. 2. Connect Sarazin Street to Valley View Road with a horizontal curve alignment to the east. Valley View Road intersection with County State Aid Highway (CSAH) 17 would remain or may be eliminated depending on the impact to the County Highway. 3. Connect Sarazin Street to a realigned Valley View Road intersection with CSAH 17 approximately 650 feet to 850 feet south of St. Francis Avenue. Attached to this memo is a letter from Brian Sorenson, of Scott County Highway Department, indicating that the intersection of Valley View Road must be relocated in the future in order for a future signal to be installed. Valley View Road will be an east-west City collector from County Road (C.R.) 79 to Pike Lake Trail. Preliminary indications from the County Engineer are that the steep grade on northbound CSAH 17 would not allow a future traffic control signal at the existing intersection with Valley View Road. Also the County does not want to install a traffic control signal at St. Francis Avenue since this intersection is too close to 17th Avenue where a traffic signal is tentatively planned for the near future. As mentioned previously, the report analyzed two phases of improvements to Sarazin Street. The phasing of the project is in response to a request from Betaseed. Betaseed has indicated that the 1999 growing season is critical for research that will be conducted on the easternportion of their property adjacent to Sarazin Street. It appears the phasing p p of the Sarazin Street improvements will not impact the development phasing of Prairie Village. Prairie Village does need the construction of Sarazin Street to the next street g intersection south of St. Francis Avenue in order to continue to develop this year. Staff is recommending to construct only Phase I improvements to Sarazin Street this year. Staff also is recommending that further study be done for the Phase II extension of Sarazin Street to Valley View Road, and possibly incorporate this study with improving a segment of Valley View Road for the 2000 construction year. The main issues with this feasibility report are as follows: 1. Street width and number of parking lanes for Sarazin Street 2. Future intersection location of Valley View Road with CSAH 17 3. Future timing of Sarazin Street (Phase II) and future timing of improving Valley View Road On Issue No. 1, the City's newly adopted Transportation Plan has street widths recommendations as 44 feet wide with parking on both sides, 38 feet wide with parking on one side and 36 feet wide with no parking for a low volume collector. The City's Subdivision Ordinance which has not been revised, currently requires collectors to be 44 feet wide only. Staff's recommendation for this particular street collector is for the 36 foot width and no parking since most of the property adjacent to this street is or will be residential and parking on street collectors is not necessary. Staff will be asking for Council direction on this issue by the public hearing. On Issue No. 2, staff has met with the County Engineer on the intersection of Valley View Road and the transportation needs along CSAH 17 in this area. With the future increase in traffic along Valley View Road, the County wants the intersection of Valley View Road with CSAH 17 to be relocated to where the grade of CSAH 17 is safe enough to permit a future traffic control signal. The County does not want to promote traffic on St. Francis Avenue nor to install a traffic control signal at this location. Staff is recommending that Phase II of Sarazin Street be delayed due to the right of way acquisition will not be available until October, 1999 and further study and coordination with the County will be needed. On Issue No. 3, the extension of Sarazin Street to Valley View Road should be done in the year 2000 or beyond and improving a segment of Valley View Road to Pheasant Run should also be considered in that year due to the fact that traffic will be increasing because of development activity. ALTERNATIVES: 1. Adopt Resolution No. 5101, this action will receive the feasibility report and set the date for the public hearing for May 4, 1999. 2. Deny Resolution No. 5101. This action will halt the project until such time as City Council reconsiders the resolution. 3. Table Resolution No. 5101, 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. 5101, 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. 5101, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Sarazin Street, from St. Francis Avenue to Valley View Road, Project No. 1999-3 and move its adoption. ‘462 Bruce Loney Public Works Director BL/pmp MEM5105 SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612)496-8346 BRADLEY J. LARSON Fax: (612)496-8365 ASSOCIATE ADMINISTRATOR March 29, 1999 e� Bruce Loney Shakopee City EngineerLl Shakopee City Hall ''< �""� 129 Holmes Street South -..C./7), //P ,, n'' Shakopee, MN 55379 �''� OICS, tiq Subject: Future Alignment of Valley View Road �OPk. F Dear Bruce: We appreciated the opportunity to meet with the City on March 19, regarding the future alignment of Valley View Road and its intersection with County State Aid Highway (CSAH) 17. This type of communication will go a long way toward planning a safe and efficient transportation system for both Scott County and the City of Shakopee. Since the meeting, we have had a chance to take a more detailed look at CSAH 17 and its potential intersection with Valley View Road, a street which will become a major City collector as Shakopee continues to develop in this area. As we discussed, the existing intersection of these two roadways will not be adequate as traffic increases on Valley View Road. For example, a traffic signal could not be justified at this location due to the south approach grade of CSAH 17. We would support the realignment of Valley View Road so that it intersects CSAH 17 between 650' and 850' south of St. Francis Avenue. This location would allow for a level intersection, and will provide sufficient spacing between St. Francis Avenue and Valley View Road on CSAH 17. In the future, we envision full access to CSAH 17 between US 169 and CSAH 78 to occur at 17`h Avenue, and at a realigned Valley View Drive. We therefore recommend that interim improvements to Valley View Road encourage the use of the future Valley View Road, and not other local streets such as St. Francis Avenue, as the major access to CSAH 17 from development in this area. Thank you for the opportunity to comment. Please call us if you need additional information. Sincerely, Brian K. Sorenson Graduate Engineer C: Brad Larson, County Engineer Michael Leek, Shakopee Community Development Director Joel Rutherford,Assistant City Engineer An Equal Opportunity/SafetyAware Employer W:\word\review\plans\agency\ShVlyVw.doc RESOLUTION NO. 5101 A Resolution Receiving A Report And Calling A Hearing On An Improvement To Sarazin Street, From St. Francis Avenue To Valley View Road Project No. 1999-3 WHEREAS,pursuant to Resolution No. 5060 of the City Council adopted February 2, 1999, a report has been prepared by the City Engineer,with reference to the improvement of Sarazin Street,from St.Francis Avenue to Valley View Road by street, storm sewer,concrete curb and gutter,bituminous trail,concrete sidewalk and any appurtenant work; and this report was received by the Council on April 6, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of Sarazin Street, from St.Francis Avenue to Valley View Road by street, storm sewer,concrete curb&gutter,bituminous trail,concrete sidewalk and any appurtenant work, in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$600,000.00. 2. A public hearing shall be held on such proposed improvements on the 4th day of May, 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 1999-3 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 1 FEASIBILITY REPORT FOR ■ SARAZIN STREET FROM VALLEY VIEW ROAD TO ST. FRANCIS AVENUE CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA I I I 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 Minnesot . jj,/ Date � Zy 7 Registration No. 21843. APRIL 1999 I I i 1 TABLE OF CONTENTS 1 DESCRIPTION PAGE NO. Introduction 1 Scope 1 1 Background 1 Proposed Improvements(Phase I) 2-3 Proposed Improvements(Phase II) 3-4 Discussion of Alternative No.'s 1,2 and 3 5 Special Assessments-Phase I 5-6 ' Funding Sources 6 ' Conclusion 7 ' APPENDIX A • Project Maps ' • Project Costs and Assessments ' APPENDIX B • Soil Borings 1 I I 1 1 1 1 i INTRODUCTION On February 2, 1999 the City of Shakopee ordered the preparation of a feasibility report on the ' construction of Sarazin Street, from Valley View Road and St. Francis Avenue, by Resolution No. 5060. ' SCOPE i This report is to determine the costs and feasibility of constructing this portion of Sarazin Street in two phases and to explore different alternatives to determine the best current and future design. ' BACKGROUND The Sarazin Street project is a developer initiated project, with the developer of Prairie Village 4th Addition submitting a petition for Sarazin Street to be constructed adjacent to the Prairie Village ' boundary. City Council directed staff to consider constructing improvements on Sarazin Street to Valley View Road. The developer of Prairie Village 4th Addition is currently in the final platting stages. tSarazin Street was constructed in 1996 from 17th Avenue to St. Francis Avenue. The completion of Phases I and II will extend Sarazin Street from Valley View Road to St. Francis Avenue. Sarazin Street is designated a low density collector street. A map is included in Appendix A depicting the two phases. Phase I is that portion of Sarazin Street ' from St. Francis Avenue to approximately 750 feet south. Phase II is that portion of Sarazin Street from approximately 750 feet south of St. Francis Avenue to Valley View Road. This report presents the estimated costs for Phases I and II, and describes the reasons for splitting the project ' into the two phases. 1 I 1 1 1 1 1 1 1 1 1 1 1 Existing Conditions A. Roadway ' The existing paved streets include the intersection of Sarazin Street and St. Francis Avenue. Northbound on Sarazin Street and both directions of St. Francis Avenue are also currently paved. ' The existing gravel streets associated with this feasibility include Valley View Road which is an east/west through street, 1/4 mile south of St. Francis Avenue between County Road t (C.R.) 83 and Marschall Road(CSAH No. 17). B. Sanitary Sewer ' No sanitarysewer service exists within the area associated with this feasibilityreport. eP However, as the improvements for Prairie Village are installed, there will be sanitary sewer ' to the Sarazin Street right-of-way. ' C. Watermain Watermain does exist at the intersection of Sarazin Street and St. Francis Avenue. ' D. Storm Sewer ' No storm sewer exists within the area associated with this feasibility report.However, as the improvements for Prairie Village are installed, there will be storm sewer extended to the Sarazin Street right-of-way. • PROPOSED IMPROVEMENTS (PHASE I) ' I are based upon a preliminaryalignment for Sarazin Street, proposed improvements for Phase p from St.Francis Avenue to approximately 750 feet south. A. Roadway ' A preliminary alignment has been designed to maximize development of the property south of St. Francis Avenue and east and west of Sarazin Street. The property on the west side of ' Sarazin Street is owned by the St. Francis Medical facitility and Beta Seed. The property on the east side of Sarazin Street is the Prairie Village development. ' Sarazin Street to the north of St. Francis Avenue is constructed to a 9 ton design, 44 feet wide, two lane undivided urban roadway with parking allowed on both sides. As part of this feasibility the additional cost to the City by continuing a 44 foot wide street, 9 ton 1 2 1 foot wide street, 7 ton design,was evaluated. The comparative design, as compared to a 36 0 P cost to the City is shown in Appendix A. t It is proposed o osed to have concrete walk on the west side and a bituminous trail on the east side of Sarazin Street. As on previous collector street projects,this report recommends assessing ' the concrete sidewalk to the benefiting properties. The bituminous trail would not be assessed,as per current City Code and Policy. B. Sanitary Sewer Sanitary sewer is proposed as part of Phase I. This proposed sanitary sewer will provide service to the property west of Sarazin Street. Sanitary sewer service for the property to the ' east of Sarazin Street is being provided by the developer of Prairie Village. Sanitary sewer service for the property to the west of Sarazin Street will be provided as the property is developed. Currently there is existing sanitary sewer along the easterly side of Marschall ' Road and a sanitary manhole located on the southerly side of St. Francis Avenue at Marschall Road to connect into for future development of the St. Francis property south of St.Francis Avenue. ' C. Watermain ' Staff has been in contact with Shakopee Public Utilities Commission(SPUC)regarding this project. If this segment of Sarazin Street is constructed, a 12 inch watermain is proposed to be constructed within the Sarazin Street right-of-way. SPUC will pay for oversizing ' costs. Preliminary design indicates the base size of the watermain to be an 8 inch watermain with the watermain costs, except for oversizing costs, to be assessed to the benefiting properties. D. Storm Sewer ' Storm sewer will be required to provide drainage for Sarazin Street and the abutting property to the east. Temporary storm sewer inlets will be provided along the abutting ' property to the west. The Comprehensive Stormwater Management Plan has determined that the property to the west of Sarazin Street,when fully developed,will flow westerly. At the time of development, stormwater management will be evaluated at each stage so the ' final results will meet the Comprehensive Stormwater Management Plan criteria. No oversizing costs are anticipated for this segment. PROPOSED IMPROVEMENTS (PHASEII) 1 This segment will be funded with a combination of Special Assessments, Shakopee Public Utilities (watermain oversizing if required) and Capitol Improvement Funds. I3 1 1 1 1 1 1 1 1 1 1 1 111 1 A. Roadway Construction A preliminary alignment has been designed to maximize development of the property south ' of St. Francis Avenue and east and west of Sarazin Street. The property on the west side of Sarazin Street is owned by Beta Seed of Shakopee. The property on the east side of Sarazin Street consists of Prairie Village and undeveloped property. Sarazin Street to the north of St. Francis Avenue is constructed to a 9 ton design, 44 feet wide, two lane undivided urban roadway with parking allowed on both sides. As part of ' this feasibility the additional cost to the City by continuing a 44 foot wide street, 9 ton design, as compared to a 36 foot wide street, 7 ton design, was evaluated. The additional cost to the City is shown in Appendix A. 1 It is proposed to have concrete walk on the west side and a bituminous trail on the east side of Sarazin Street. As on previous collector street projects,this report recommends assessing ' the concrete sidewalk to the benefiting properties. The bituminous trail would not be assessed as per current City Code and Policy. B. Sanitary Sewer No sanitary sewer is proposed as part of Phase II. ' C. Watermain Staff has been in contact with SPUC regarding this project. If this segment of Sarazin ' Street is constructed, a 12 inch watermain is proposed to be installed within the Sarazin Street right-of-way. SPUC will pay for oversizing costs. Preliminary design indicates the base size of the watermain to be an 8 inch watermain and other than the oversizing costs, the watermain costs would be assessed to the benefiting properties. D. Storm Sewer ' Storm sewer will be required to provide drainage for Sarazin Street and the abutting property to the east. Temporary storm sewer inlets will be provided along the abutting ' property to the west. The Comprehensive Stormwater Management Plan has determined that the property to the west of Sarazin Street,when fully developed,will flow westerly. At the time of development, stormwater management will be evaluated at each stage so the ' final results will meet the Comprehensive Stormwater Management Plan criteria. No oversizing costs are anticipated for this segment. 1 4 I I I I I I I I I I I I I I I I I I I I I I DISCUSSION OF ALTERNATIVE NO.'S 1, 2 AND 3 Alternative No.'s 1,2, and 3 are options associated with the construction of Phase II. IAlternative No. 1 extends Sarazin Street to Valley View Road creating a right turn condition for northbound traffic on to Sarazin Street from Valley View Road, and a stop condition for eastbound I and westbound traffic from Sarazin Street on to Valley View Road. Alternative No. 2 extends Sarazin Street to Valley View Road and reroutes the flow of traffic from I Valley View Road to St. Francis Avenue. The reroute would allow traffic to flow without interruption to St. Francis Avenue. The residents on Valley View Road, to the west of Sarazin Street and Valley View Road would have access to Sarazin Street by a gravel approach, along with I retaining the existing access to Marschall Road to the west of Sarazin Street. Alternative No. 3 extends Sarazin Street to Valley View Road and realigns Valley View Road. ISarazin Street would intersect the new alignment creating a stop condition for both northbound and southbound traffic. Sarazin Street would also extend to the existing Valley View Road alignment without a stop condition. IWhen consideringwhich alternative to construct as part of Phase II, the following future I construction and cost impacts to the City of Shakopee should be considered. Alternative No. 1 includes watermain to the future Valley View Road and Sarazin Street I intersection. The concerns for this alignment would be from a commuters perspective due to the turn condition created on to Sarazin Street from Valley View Road and from Sarazin Street to Valley View Road. As part of Alternative No. 1, most if not all, of the right-of-way for the Valley I View Road reroute would be established. Also, although not as severe as Alternative No. 2, is the need to remove concrete curb & gutter, bituminous, aggregate and granular borrow. Due to the uncertainty of Valley View Road's future alignment, Alternative No. 1 is the most desirable due to Ilower associated removal costs (See Appendix A for proposed street layout and associated costs). Alternative No. 2 includes most of the watermain that would be required when Valley View Road I is realigned in the future. The alignment for Alternative No. 2 is desirable from a commuters perspective due to reduced flow restrictions. The main concern with Alternative No. 2 is the additional street and boulevard costs. A large quantity of concrete curb and gutter, bituminous I aggregate and granular borrow would need to be removed to establish the permanent Valley View Road reroute. Also, the required right-of-way needed for the Valley View Road reroute will need to be acquired (See Appendix A for proposed street layout). I Alternative No. 3 includes all the watermain and all the required right-of-way needed for the Valley I View Road alignment. It also establishes access to the existing Valley View Road. This alternative would require less City cost in the future due to no removals,right-of-way has been established and no additional granular borrow will be needed (See Appendix A for proposed street layout). I 5 U I I I I I I I I I I I I I I I I I I i It should bep ointed out that Alternative No. 3 is the most cost effective for the City if the future Valley View Road alignment is as shown in Appendix A. Since it is unclear as to Valley View Road's future alignment or as to the development of Beta Seeds' property, Valley View Road may be eliminated. Alternative No. 1 is therefore recommended due to the uncertainty of Valley View Road's future alignment and the minimal realignment and associated removal costs. Alternative No. 3 is dependent on whether ValleyView Road is still needed to serve roe or ep property rty can be eliminated upon the development of the Beta Seed parcel. SPECIAL ASSESSMENTS - PHASE I Street Portion It isro osed to assess 100% of the street construction costs for a local road equivalent, including P q right-of-way acquisition, to those properties abutting the project limits based upon front footage. A complete assessment roll and assessment calculations for Sarazin Street - Phase I can be found in Appendix A. Storm Sewer & Storm Water Ponding For new storm sewers associated with a new street, the storm drainage facilities will be assessed at 100% to the abutting property owners to Sarazin Street based upon a front footage assessment. If the facilities are oversized to accommodate drainage from areas outside the project assessment area, the City will pay for the oversizing from the Storm Drainage Fund. WATERMAIN New watermain is assessed to the benefitting properties as per SPUC Policy. Watermain oversizing costs as determined and paid by SPUC. FUNDING SOURCES Assessment $193,780.19 Shakopee Public Utilities Commission's Oversizing $ 10,265.00 City Street Oversizing(CIF) $ 12,153.91 1 TOTAL PROJECT COST $216,199.10 I 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONCLUSION ' This report finds that constructing Phase I of Sarazin Street is both cost effective and necessary to provide an adequate roadway system for this area. This report also finds that Phase II is also cost effective and necessary to provide an adequate roadway system for this area. Phase I construction ' is recommended for this year to serve the Prairie Village 4th Addition. Due to cost impacts to the City of Shakopee for Phase II and that the property owner is not ready to develop the property this year, this report recommends constructing the improvements for Phase I of Sarazin Street only at this time. i i i 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPENDIX A 1 Maps Project J P Vierling Drive Cost Estimates -Phase I r Vierling Drive Cost Estimates -Phase II,Alternative No. 1 ' Estimated Assessments -Phase I I 1 1 I I I I I I 1 I I I I I I I I I I I I Y / 1 .g. 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C/1 C/1 C/1 �' r� CN Z ' ' R- 0000, g E -. i w O1 +,:, „,&,,!, to t ,; _ `Ill: ` N . h p - .' -'''''‘,1,';:::,,,‘'' .::';;-..,:':;:l''''''-.:,'' ' . `t, 000z a. os ,,,, 4 k . -OOSZ I00ZZ ® • - Dost i A a It: i 0 '---, - h 8 8 Oct `O ,1 b r N a onsa-xvzaxv r musvaixr ruzvxvsvb MINN TIL I 1 1 1 1 I PHASEI I SARAZIN STREET FROM VALLEY VIEW ROAD TO SAINT FRANCIS AVENUE IPROJECT NO. 1999-3 IPHASE ONE I ,_ `. �;`-,: a:, ��a.. . .�. .< ..<.,.�reara..�a �_..�.z.^..�xa�... .v.. � E STREET(SCHEDULE A) II Mobilization MI 1 $ 10,000.00 $ 10,000.00 I 2 3 Sawin:Bituminous Pavement Lin.Ft. 50 $ 2.25 $ 112.50 Common Excavation • Cu.Yd. 1790 $ 6.00 $ 10,740.00 4 Sub: de Excavation Cu.Yd. 245 $ 6.50 $ 1,592.50 I 5 Granular Borrow C Cu.Yd. 1750 $ 6.50 $ 11,375.00 6 Class 5 Al: -:ate Base,8"Thick-100%Crushed . 4570 $ 3.10 $ 14,167.00 7 T pe 31,Bituminous Base Course,2-1/2"Thick . 3930 $ 2.60 $ 10,218.00 I8 T A. 41,Bituminous Wear Course,1-1/2"Thick ..Yd. 3930 $ 2.35 $ 9 235.50 9 Bituminous Material for Tack Coat Gallon 395 $ 1.00 $ 395.00 I 10 B618 Concrete&Curb Lin.Ft 1510 $ 7.00 $ 10,570.00 11 2"Bituminous Path,Includes 4"Class 5 A:: :ate 5630 $ 2.25 $ 12,667.50 12 4"Concrete Walk,Includes 4"Sand Cushion MI 3780 $ 2.25 $ 8,505.00 I 13 Furnish&Plant Tree Each 16 $ 250.00 $ 4,000.00 14 Soddin:,Includes 4"To.soil ..Yd. 740 $ 2.75 $ 2,035.00 I 15 Seedin:,Includes 4"To.soil,Mulch&Fertilizer Acre 0.60 $ 1,100.00 $ 660.00 16 4"Broken Line,White E..x Lin.Ft 305 $ 0.75 $ 228.75 17 4"Solid Double Line,Yellow Lin.Ft. 760 $ 1.50 $ 1,140.00 I 18 24"Sto.Bar Lin.Ft. 35 $ 5.00 $ 175.00 TOTAL STREET(SCHEDULE A) $ 107,816.75 I I I I IPage A7 I I I I I I I I I I I I I I I I I I I I PHASE1 I SARAZIN STREET FROM VALLEY VIEW ROAD TO SAINT FRANCIS AVENUE IIPROJECT NO. 1999-3 PHASE ONE st y � I STORM SEWER(Schedule B) II 12"RCP Class N Lin.Ft. 61 $ 20.00 $ 1,220.00 2 18"RCP Class III Lin.Ft 77 $ 29.00 $ 2,233.00 3 12"RCP F.E.S. Each 1 $ 300.00 $ 300.00 111 4 Riprap,Class III Cu.Yd. 2.1 $ 35.00 $ 73.50 5 Install 2 x 3 Catch Basin Each 2 $ 1,000.00 $ 2,000.00 p 6 Install 48"Stone Manhole Each 2 $ 1,400.00 $ 2,800.00 TOTAL STORM SEWER(SCHEDULE B) $ 8,626.50 I I I I I I I I I Page A8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I PHASE1 I SARAZIN STREET FROM VALLEY VIEW ROAD TO SAINT FRANCIS AVENUE IPROJECT NO. 1999-3 I PHASE ONE r IWATERMAIN(Schedule C) I 1 Connect to Existing Watermain Each 1 $ 150.00 $ 150.00 2 Adjust Exist Gate Valve Each 1 $ 100.00 $ 100.00 3 6"DIP Watermain Lin.Ft 30 $ 20.00 $ 600.00 I4 8"DIP Watetmain Lin.Ft 100 $ 22.00 $ 2,200.00 5 12"DIP Watermain Lin.Ft. 766 $ 30.00 $ 22,980.00 I 6 6"Gate Valve Each 2 $ 500.00 $ 1,000.00 7 8"Gate Valve Each 2 $ 600.00 $ 1,200.00 8 12"Gate Valve Each 3 $ 900.00 $ 2,700.00 I 9 Fittings Pound 1170 $ 1.25 $ 1,462.50 10 Hydrant Each 2 $ 1,500.00 $ 3,000.00 ITOTAL WATERMAIN(SCHEDULE C) $ 35,392.50 I I I I I I I I Page A9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PHASE1 SARAZIN STREET FROM VALLEY VIEW ROAD TO SAINT FRANCIS AVENUE I PROJECT NO. 1999-3 IPHASE ONE f, 33-i"` f:ii- , t .. 74t ISANITARY SEWER(Schedule D) 1 8"PVC SDR35 Lin.Ft. 100 $ 35.00 $ 3,500.00 2 48"SANITARY MANHOLE Each 1 $ 1,400.00 $ 1,400.00 3 Televise Sanitary Sewer main Lump Sum 1 $ 500.00 $ 500.00 ITOTAL SANITARY SEWER(SCHEDULE D) $ 5,400.00 1 TOTAL STREET(SCHEDULE A)= $ 107,816.75 TOTAL STORM SEWER(SCHEDULE B)= $ 8,626.50 ITOTAL WATERMAIN(SCHEDULE C)= $ 35,392.50 TOTAL SANITARY SEWER(SCHEDULE D)_ $ 5,400.00 ITOTAL ALL SCHEDULES= $ 157,235.75 10%CONTINGENCY FEE= $ 15,723.58 I SUBTOTAL= $ 172,959.33 25%ENGINEERING,ADMINISTRATION&LEGAL FEES= $ 43,239.83 I TOTAL ALL SCHEDULES AND FEES $ 216,199.16 I I I I Page A10 I I 1 I I I I I I I I I I I I I I I I I PHASE2,ALT1 I SARAZIN STREET FROM VALLEY VIEW ROAD TO SAINT FRANCIS AVENUE IPROJECT NO. 1999-3 IPHASE TWO ALTERNATIVE ONE I - ' tg; ;3 J I lY t I: -,,,' `` el\ =' ,;;_.- 4'14" '`:. ii .�.,v... 4',. :�: . ` STREET(SCHEDULE A) I 1 Mobilization MI 1 $ 10,000.00 $ 10,000.00 I 2 Sawin_Bituminous Pavement Lin.Ft. 50 $ 2.25 $ 112.50 3 Common Excavation Cu Yd. 10 $ 6.00 $ 60.00 4 Sub: de Excavation L Cu.Yd. 370 $ 6.50 $ 2,405.00 I5 Granular Borrow C Cu.Yd. 16055 $ 6.50 $ 104,357.50 6 Class 5 A:: :ate Base,8"Thick-100%Crushed S..Yd. 6445 $ 3.10 $ 19,979.50 I 7 T p.e 31,Bituminous Base Course,2-1/2"Thick 5545 $ 2.60 $ 14,417.00 8 T pe 41,Bituminous Wear Course,1-1/2"Thick NM .. 5545 $ 2.35 $ 13,030.75 9 Bituminous Material for Tack Coat Gallon 555 $ 1.00 $ 555.00 I 10 B618 Concrete&Curb Lin.Ft. 2170 $ 7.00 $ 15,190.00 11 2"Bituminous Path,Includes 4"Class 5 A:: :ate . 6410 $ 2.25 $ 14,422.50 12 4"Concrete Walk,Includes 4"Sand Cushion ME 4080 $ 2.25 $ 9,180.00 I13 Furnish&Plant Tree Each 23 $ 250.00 $ 5,750.00 14 Soddin:,Includes 4"To.soil MI 1060 $ 2.75 $ 2,915.00 I 15 Seedin:,Includes 4"To.soil,Mulch&Fertilizer Acre 0.82 $ 1,100.00 $ 902.00 16 4"Broken Line,White E..x Lin.Ft 435 $ 0.75 $ 326.25 17 4"Solid Double Line,Yellow Lin.Ft. 1075 $ 1.50 $ 1,612.50 I 18 24"Sto.Bar Lin.Ft. 70 $ 5.00 $ 350.00 I TOTAL STREET(SCHEDULE A) $ 215,565.50 I I I I I PAGE Al 1 I I I I I I I I I I I I I I I I I I I r PHASE2,ALT1 r SARAZIN STREET FROM VALLEY VIEW ROAD TO SAINT FRANCIS AVENUE PROJECT NO. 1999-3 IPHASE TWO ALTERNATIVE ONE , 5 _ STORM SEWER Schedule B r 1 12"RCP Class IV Lin.Ft 61 $ 20.00 $ 1 220.00 ' 2 18"RCP Class III Lin.Ft 77 $ 29.00 $ 2,233.00 3 12"RCP F.E.S. Each 1 $ 300.00 $ 300.00 4 Ri,ra. Class III Cu.Yd. 2.1 $ 35.00 $ 73.50 r5 Install 2 x 3 Catch Basin Each 2 $ 1,000.00 $ 2,000.00 6 Install 48"Storm Manhole Each 3 $ 1,400.00 $ 4,200.00 rTOTAL STORM SEWER(SCHEDULE B) $ 10,026.50 r r r r r r r r r PAGE Al2 r i i i I PHASE2,ALT1 I SARAZIN STREET FROM VALLEY VIEW ROAD TO SAINT FRANCIS AVENUE IPROJECT NO. 1999-3 rPHASE TWO Al.LTERNATIVE ONE ,� e iii � e �J � ��d's� � � , WATERMAIN Schedule C I 1 Connect to Existin:Watermain Each 1 $ 150.00 $ 150.00 I 2 Adjust Exist Gate Valve Each 0 $ 100.00 $ - 3 6"DIP Watermain Lin.Ft. 70 $ 20.00 $ 1,400.00 4 8"DIP Watemiain Lin.Ft 100 $ 22.00 $ 2,200.00 I5 12"DIP Watermain Lin.Ft. 1047 $ 30.00 $ 31,410.00 6 6"Gate Valve Each 3 $ 500.00 $ 1,500.00 7 8"Gate Valve Each 2 $ 600.00 $ 1,200.00 I 8 12"Gate Valve Each 5 $ 900.00 $ 4,500.00 9 Fittin_s Pound 2930 $ 1.25 $ 3,662.50 I10 H drant Each 3 $ 1,500.00 $ 4,500.00 TOTAL WATERMAIN(SCHEDULE C) $ 50,522.50 r I TOTAL STREET(SCHEDULE A)_ $ 215,565.50 ITOTAL STORM SEWER(SCHEDULE B)_ $ 10,026.50 TOTAL WATERMAIN(SCHEDULE C)_ $ 50,522.50 rTOTAL SANITARY SEWER(SCHEDULE D)= $ - TOTAL ALL SCHEDULES= $ 276,114.50 I10%CONTINGENCY FEE= $ 27,611.45 SUBTOTAL= $ 303,725.95 I25%ENGINEERING,ADMINISTRATION&LEGAL FEES= $ 75,931.49 I TOTAL ALL SCHEDULES AND FEES $ 379,657.44 I I PAGE A13 I 1 1 1 1 TOTAL ALL OPTIONS SARAZIN STREET FROM VALLEY VIEW ROAD TO SAINT FRANCIS AVENUE PROJECT NO.1999-3 111 TOTAL FOR PHASE ONE I ", l➢�•VN 3 s4 '� � f Y STREET-SCHEDULE A $ 107,816.75 $ 25,506.70 $ 82,310.05 STORM SEWER-SCHEDULE B $ 8,626.50 $ 8,626.50 WATERMAIN-SCHEDULE C $ 35,392.50 $ 7,465.50 $ 27,927.00 ISANITARY SEWER-SCHEDULE D $ 5,400.00 $ 5,400.00 ' TOTAL ALL SCHEDULES $ 157,235.75 $ 7,465.50 $ 25,506.70 S 124,263.55 10%CONTINGENCY FEE= $ 15,723.58 $ 746.55 S 2,550.67 $ 12,426.35 I SUBTOTAL= $ 172,95933 5 8,212.05 S 28,05737 S 136,689.90 25%ENGINEERING,ADMINISTRATION&LEGAL FEES= S 43,239.83 $ 2,053.01 $ 7,014.34 S 34,172.48 TOTAL ALL SCHEDULES AND FEES $ 216,199.16 $ 10,265.06 $ 35,071.72 $ 170,862.38 I I PAGE A14 I 1 1 1 1 I COST38T044 SARAZIN STREET FROM VALLEY VIEW ROAD TO SAINT FRANCIS AVENUE PROJECT NO.1999-3 I ESTIMATED I UANTITY AND COST COMPARISON BETWEEN 36 FOOT AND 44 FOOT ROADWAYS " vti OPTION 1 I60'ROW&36'WIDE STREET-7 TON DESIGN 1 Granular Borrow Cu.Yd. 1205 11385 $ 6.50 $ 7 832.50 $ 74 002.50 I 2 Class 5 Al_yscate Base 6"Thick-100%Crushed S. Yd. 3775 5324 $ 3.10 $ 11 703.17 $ 16 504.80 3 T A. 31 Bituminous Base Course 2-1/2"Thick S .Yd 3163 4463 $ 2.60 $ 8 224.24 $ 11 603.93 4 T A. 41,Bituminous Wear Course,1-1/2"Thick ISM 3163 4463 S 2.35 $ 7,433.45 $ 10,488.16 5 Bituminous Material for Tack Coat Gallon 318 1252 S 1.00 $ 317.93 S 1 251.59 I 6 ROWA .uisition Acre 1.02 1.52 $ 30000.00 $ 30,454.55 $ 45454.55 TOTAL OPTION 1 S 65,965.84 $ 159,305.53 I y ,`ia..€ ':Y 37 '"` 'ta<., .7�* ' aY ,71777.1 Y. OPTION 2 I 80'ROW&36'WIDE STREET-9 TON DESIGN I Granular Borrow Cu.Yd. 1590 14595 $ 6.50 S 10 335.00 $ 94,867.50 I 2 Class 5 Alelate Base,8"Thick-100%Crushed 5324 $ 3.10 $ 11 703.17 $ 16 504.80 3 T p 31 Bituminous Base Course 2-1/2"Thick ISM 3163 4463 $ 2.60 S 8 224.24 $ 11 603.93 4 T A. 41,Bituminous Wear Course,1-1/2"Thick NM 3163 4463 5 2.35 $ 7,433.45 $ 10,488.16 5 Bituminous Material for Tack Coat Gallon 318 1252 S 1.00 $ 317.93 $ 1 251.59 1 6 ROW Ac.uisition Acre 1.35 2.02 S 30 000.00 S 40 606.06 S 60 606.06 TOTAL OPTION 2 S 78,619.86 S 195,322.04 I I I I I I PAGE A15 I I I I I I I I I I I I I I I I I I 1 COST38TO44 1 SARAZIN STREET FROM VALLEY VIEW ROAD TO SAINT FRANCIS AVENUE PROJECT NO.1999-3 ESTIMATED I UANTITY AND COST COMPARISON BETWEEN 36 FOOT AND 44 FOOT ROADWAYS OPTION 3 88'ROW&44'WIDE STREET-9 TON DESIGN 1 Granular Borrow Cu.Yd. 1590 14595 $ 6.50 $ 10 335.00 S 94 867.50 2 Class 5 Al Bas 8"Thick-100%Crushed '. 4570 6445 $ 3.10 $ 14 167.00 $ 19 979.50 3 T 1• 31 Bituminous Base Course,2-1/2"Thick S. Yd 3930 5545 $ 2.60 $ 10,218.00 $ 14 417.00 4 T 4. 41 Bituminous Wear Course,1-1/2"Thick S•.Yd. 3930 5545 $ 2.35 S 9 235.50 S 13 030.75 5 Bituminous Material for Tack Coat Gallon 395 1555 S 1.00 S 395.00 $ 1 555.00 6 ROW Ac.uisition Acre 1.35 2.02 S 30 000.00 $ 40,606.06 $ 60 606.06 TOTAL OPTION 3 $ 84,956.56 S 204,455.81 � 1 � • .� � ��-' # � �,. jhf.'14',11.4,4154.1 ` r ,;4¥ r w ra EltOttldi a ' I '' I ` I ' 1 :1 • I " ; \` I ,1 • I `, : , "II '1 ' $ 12 654.02 $ 3601652 1111111IIyY(ILiti__ it:1 • I I • I " `• n 7 $ 18,990.72 $ 45,150.28 1111111111bl i Y________it Y[11Ci_:1 • It, ; `I :1 • I " ; , " I 9 $ 6,336.70 $ 9133.77 1 1 I PAGE A18 v I A. a et r o 2I tis ® k,_.: d':` H H H H fie VI fie VI 8 8 N S ONO 01. !Wr'� H H H 8 8 v W � $ VI U Z rgr H HH H 11 U I FNVD HI V2 Atm,. I O F en 5 .....---- '4: Fes, H H 8 g N Fit' MO .. • a 0 z Q 3- N FN' - H H H II • W" WW � 14 8,3 � r4 � M H a O rrU^� �. z tn E. II n N O I o " 1-1 on Ig 9 o U U W W Gz, jt C7 C7 w I F z z O W . , z z0 1-1 U F ::171; U 3} 3 ri w z a• z a W B. • ral N z 00 �7 W , a m F• e W O " Q M u B e O H s zy C7 W V!• - co) N F 44 71Lig-Lifi, 1 ` , (, I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I w M a. oo re vo oD DD ce b C N enN F V1 v) ee 69 •,se H I °cil w Fy I C.4 N 4-1 a zaesi aso Col vi' v 4, ,, � w, H I w m cn v N en 0000 a ao zz� - asONel wa �; co 44 H I wl 3�a a o 0 o F= r Z n r v w� `» � I I� rn s° co o N a0 en M I >4iz vi v v 06 12 vi, h r w a� O 0 w F a I F DOo N O a w b W inti a V,h 0^ I 64Tr al 68 7. — W 6.4 en '"464 v ,a ^U 69 W w Z N ° O ^v T z N a o wa . imv qpa zoi z ° -aep„ 'v w • . 1 p N, ON .s C.'I:4 .11 ''^^ F li h^ • CI) U 00 N• AG II • ^ � F I Cill VI VI aOnT oo.l> *8s OF N ' h/N+yll a p vii 73.V P II U] wa-? 'dnal en >ri ilr!h 46 0 � =V Tia SF ow cooww '� °' o> d L' ai ai v. w w a �+ o °� win da 6"au .° xNb � _�1 a � � � Z :414 W sjo�o C7 0.1�� v��v� y E E E p, ' F, 4Wen % % No .01 °: 0 4 co 0 ° � ,...4 Ao a > 3 ,, QI Cy aN aas 3cn � Q rgar W � @ A A VJ d N N Na°cn 3 rn F 1 1 1 1 1 1 1 APPENDIX B SOIL BORINGS t 1 1 t t 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 JUL 16 '96 01:16PM BRAUN INTERTEC ' r''' - .` P.14/20 • , SFRMC Site S ST-1 ST-2 ST-3 e S t ' drj,I f i ST-6 ST-5 i f`t 6 ST-4 .-.0t:I.,T, B. t 6 alley View Road K Co. Rd. Legend 17 ® Approximate boring location : u INT _ DATE SHEET BRAUN' PRELIMINARY GEOTECHNICAL DRAWN sr:JTC ! EVALUATION APP'D ev. JTC or t` } Fir Housing Development AM No. BODX95-062 INTERTEC Shakopee, Minnesota DWC.No. 1 FIGURE 450' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15/20 • JUL 16 '96 .01:16PM BRAUN INTERTEC P. � LOG OF BORING 1 %,. .: { PROJECT: BODX-95.062 BORING: ST-1 GEOTECHNICAL EVALUATION Development • LOCATION: -'� Valley ed fl Road pmeat See attached sketch.Lot 1,Blk 4 Shakopee,Minnesota • • DATE: 4/28/95 [SCALE: • 1" = 4' ASTM Elev. Depth D2487 Description of Materials BPF WL 845.0 0.0 Symbol (ASTM D2488)"� _ Tests or Notes _ CL LEAN CLAY,black,wet. Benchmark Surface - (roPs°B) elevations at the boring -842.5 2.5- % i. locations were estimated _ _ CL LEAN CLAY,gray, wet,medium. from topography 841.0_ 4.0 -� (Alluvium) contours on the site plan. SP ..• . POORLY GRADED SAND with SILT,fine- - SM to medium-grained,with Gravel,brown, 11 '•�r. moist,medium dense to very loose. - (('.lar1alOutwash) '•^. 11 _ _ •r: k - - f: x 10 - • • 5 4 •r ti -824.5 2075- k 6 END OF BORING I _ _ Water not observed with 19 feet of hollow-stem auger in the ground. — — Water not observed to cave-in depth of 121/2 feet immediately after withdrawal of - - the auger. I_ Boring immediately backfilled. — — • I: i$UUX-95-76Z Brans-am:ee-5/10/95 ,1-i page I of 1 1 1 1 1 1 1 1 1 1 1 1 1 , P.16/20 JUL 16 '96 01:16PM BRAUN INTERTEC .4', - ' - , • ,,,,:‘ • . _ LOG OF BORING -. - ...„, . PROJECT: BODX-95-062 _ _ . BORING: ST-2 i . GEOTECHNICAL EVALUATION ,., t , LOCATION: - Proposed Housing Development - - A i Valley Vkw Road See attached sketch.Lot 6,Elk 4 . , . Shakopee,Nfinnesota • DATE: 4/28/95 SCALE: 1" = 4' ...._ _ ASTM • Elev. Depth D2487 Description of Materials BPF WL 850.0 0.0 Symbol (ASTM D2488) Tests or Notes 849 10 SC ?;V:.i.i CLAYEY SAND,fine-to medium-grained, .0 . cr, 17i' dark brown,wet. ...•.. (Topsoil) fr. --„ _ SM POO Y RADED SAND with SILT,fme- )4 .9 - - . to medium-grained,brown,moist,loose to 1••••;. medium dense. 3', .. _ ::• L r.:. (Glacial Outwash) ,- ?...: ". I - - .......y.:). •,e'., ; 12 .:. ':.-;...: . .... I ; - - 4:.: • ',........ : ; 12 • _ , •:".--,. I - - .:. -cd• •:. ...... :.. ••• " •:. . _ :".;... I - - *;) '::. k f." .:. ,,, _ _ 11 I — — •.:. . ..-• . . . .... . ..., C ,_ _ ::.....,.f I _ _ - _ :.....II :.• • ''..-... . , : • )4 I -829.5 201- 19 - - .:. . .... .Er , END OF BORING _ - 1 - _ Water not observed with 19 feet of _ hollow-stem auger in the ground. _ I - _ Water not observed to cave-in depth of _ 14 feet immediately after withdrawal of the - anger. I _ - - _ Boring immediately baciCfilled. I ___ _ - - • _• - IUUDX:933332 Braun LaosOec•3711:1/95 ST=2 page I of 1 .• ..-ak., • 1 i • ' JUL 16 ".i6-6-0/:17PM BRAUN INTERTEC .1T.:49:194r'"'' "' ' ,k1siolor"-c, -- '--".- •-•- P.17'20 ...• - LOG OF BORING .. 1 PROJECT: 410DX-95-062 - - - -----,r, BORING: ST-3 :. ' GEOTECHNICAL EVALUATION - proposed Homing Development - LOCATION: Valley View Road See attached sketch.Lot 13,Blk 4 Shakopee,Minnesota II - DATE; 4/28/95 SCALE: 1" =4' ASTM Elev. Depth D2487 Desaipdon of Materials BPF WL ..... 850.0 0.0 Symbol (ASTM D2488) Tests or Notes / 849.0 1.0 SC rAi CLAYEY SAND,fine-to medium-grained, Adark brown,wet. .- . - ; _ - . ,.-:.., ,..„,. POORLY GRADED SAND with SILT,fine- 5 .:. . * I . - - i-:,--,.. to medinnt-grained,with a trace of Gravel, I - - •-, )g 8 F...:::.......,,.. : brown,moist,lo;lacitOsTrutwashum den) se. — — .....4: _ ..:: • - - I -' • '.,•:. .k. *- ;•.• -.. 14 _ - a I ,... •,- I. .:: — — 'e„,. 16 >4 . •..I , I - _ .•. , - 'e▪.',/-•• * - - ••• • u II - •:::.,•-• _ ..... . -.:. ". ..f.: ' 5 2,4 — — •:••••••, * - - :•::..1. I : - _ •,-*/)- :!. : .: . 129.5 2075- •:. • • ,••41 * END OF BORING I _ Water not observed with 19 feet of hollow-stem auger in the ground. I — — Water not observed to cave-hi depth of 12 feet immediately after withdrawal of the • - _ auger. I - Boring immediately backfilled. _ _ I ' - — _ Is. Wu -LA-S57 nzaun bun=-3/10/95 - 5T-3 me I •,- 1 1 JUL 16 '96 01:17PM BRAUN INTERTEC LOG OF BORING S _ BORING: ST-4 . PROJECT: BODX-9S-062 - . r1 . GEOTECU LAICAL EVALUATION LOCATION: Proposed Housing Development See attached sketch.Lot 8,Mk 8 f Valley View Road .i _ Shakopee,Minnesota - DATE: 5/1/95 SCALE: 1"= 4' ASTM Elev. Depth D2487 Desaiption of Materials BPF WL 836.0 0.0 Symbol (ASTM D2488) Tests or Notes CL "% LEAN CLAY with SAND,black,wet. 2.0 (Topsoil)is 834.0 t. CL 0 LEAN CLAY with SAND,brown,wet, 9 - - rather stiff to rather soft. (Alluvium) -831.0 S.0 ' ; SP '.;•.'.;•. . POORLY GRADED SAND with SILT,fine- - - SM to coarse-grained,with a trace of Gravel, I - _ ?;?'1 brown,moist, very loose to medium dense. (Glacial Outwash) 2 I - ,▪. 7 6 • X 10 E ▪:ti y I - t▪� J k 16 i - - f: . I - - -s25s 20:3- ; 1j18 i _ - END OF BORING I ' - - Water not observed with 19 feet of hollow-stem auger in the ground. I - - Water not observed to cavo-in depth of 15 feet immediately after withdrawal of the - - auger. Boring immediately backfilled. laic }faux-9s-b62 Bnun1n2er c-5TtU)9 s r-4 p s f u I I I I I I I I I I I I I I I I I I I SU- 16 '96 01:17PM BRAUN INIERTEC P.19/20 . LOG OF BORING rp 4 PROJECT: BODE-95-062 , , _. BORING: ST-5 t ` GEOTECHNICAL EVALUATION . '' Proposed Housing Development Valley View Road LOCATION: attached sketch.Lot 10,Elk Shakopee,Minnesota 13 DATE: 5/X/95 l SCALE: 1" = 4' • ASTM Elev. Depth D2487 Description of Materials BPF WL 834.0 0.0 Symbol (ASTM D2488) Tests or Notes 833.0 1.0 CL "� LEAN CLAY,black,wet. - CL � fr0Ps'00) i LEAN CLAY,brown,wet,medium. 831.0 3.04 (Alluvium) 6 SP s:' POORLY GRADED SAND with SILT,fine- t; - - SM ':�' to coarse-grained,with Gravel,brown, ' ` moist, medium dense to dense. ; 13 — — -:. (Glacial Outwash) k, I` - - 17 - - :,.d I _ ,�: k 19 I - - 'civ ▪' F 42 - - _ r▪'I, I '813.5 20:5' • - 20 END OF BORING I _ _ Water not observed with 19 feet of hollow-stem auger in the groin. I ___. Water not observed to cave-in depth of 11 feet immediau.ly after withdrawal of the - - auger. I - Boring immediately backfilled. . I b(7WC-95-161 - - limo Immo-3/1063 5T=5 page 1 all I 1 _.__, P20/20 • JUL 16 '96 01:19PM BRAUN_ INTERTEC _ . LOG OF BORING PROJECT: BODX.95-062 BomG- ST-6 - GEOTECHNICAL EVALUATION Proposed Housing Development LOCATION: Valley View Road Sae attached sketch.Lot 21,Blk Shakopee,Minnesota • DATE: 511/95 I SCALE: 1" = 4' ASTM Elev. Depth D2487 Description of Materials BPF WL 111 834.0 0.0 Symbol (ASTM D2488) Tests or Notes SC a CLAYEY SAND,fine-to medium-grained, -s32.s 1.5- M dark brown, wet. CL V\-' cry) -831.5 2.5- SP l LEAN CLAY,brown,wet. . 9 ; SM :*2.% (Alluvium) 1 _ _ `.,„, POORLY GRADED SAND with SILT,fine- 1: 829.0 5.0 : to medium-grained,with Gravel,brown, P. 18 sP :v moist,loose to medium dense. jh - - - SM •••• ., 1 (Glacial Outwash)I J - _ ' • POORLY GRADED SAND with SILT, .:'�; fine-grained, brown,moist,medium dense. �, 12 _ _ (Glacial Outwash) s — — ? • k 18 • /,/� •,S 822.0 12.0r. ▪ . SP POORLY GRADED SAND with SILT,fine- k 21 I - SM : to coarse-grained,brown,moist,medium .- dense to dense. '�' (Glacial Outwash) ;: 32 r : ▪'may • "8I3.5 201- f;'� 26 END OF BORING _ - Water not observed with 19 feet of hollow-stem auger in the ground. I - _, Water not observed to cave-in depth of 13 feet immediately after withdrawal of the - - auger. Boring then backfilled. I - - IM-93-ba Bunn law=-5/10195 psgc o I is. 4. 3 . CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Supervisor SUBJECT: Sewer Televising DATE: April 6, 1999 INTRODUCTION: The Public Works Department has recently received three quotes for the televising of 30,000 linear feet of main line sanitary sewer. BACKGROUND Televising main line sanitary sewers is a vital function in the maintenance of sanitary sewers throughout our community. It is important to keep indexed inspection logs and videotapes of the conditions of our sanitary sewer infrastructure. By televising our sewer mains we will be able to utilize our maintenance dollars in the areas that are more critical in defects such as roots, sags, offset joints, protruding taps and cracked or missing pipe. Our current televising equipment is old and no longer reliable or cost effective for our department to do this work in-house. Because there are many private televising contractors in the metro area in competition, it is simply not feasible for the City to purchase a new truck and video equipment at a cost of nearly $100,000.00. The Public Works Department feels that a program of televising 30,000 L.F. of main line sanitary sewer each year will keep us informed of the changing conditions of our sanitary sewer infrastructure. The three quotes for televising 30,000 L.F. of main line sanitary sewers are as follows: • Buchen Environmental Services, Inc. - $0.36 per foot or$10,000.00 • Infratech- $0.34 per foot or$10,200.00 • Visu-Sewer Clean& Seal, Inc. - $0.29 per foot or$8,700.00. Although it is not cost effective for our department to televise main line sanitary sewer, our department is considering purchasing a small portable push camera to use in emergency situations where the costs of utilizing contractors is extremely expensive, up to $800.00 per call. ALTERNATIVES: 1. Accept the low quote from Visu-Sewer Clean& Seal for$0.29 per L.F. to televise 30,000 feet of main line sanitary sewer. 2. Do not accept the low quote from Visu-Sewer Clean & Seal for $0.29 per L.F. to televise 30,000 feet of main line sanitary. 3. Table for additional information RECOMMENDATION: Staff recommends Alternative No. 1. The cost of televising mainline sanitary sewers would be from the Sanitary Sewer Enterprise Fund- Professional Services. ACTION REQUESTED: Make a motion accepting the low quote received from Visu-Sewer Clean & Seal to televise 30,000 L.F. of main line sanitary sewer at a cost of$0.29 L.F with payment from the Sanitary Sewer Enterprise Fund. 1 Michael Aullander Public Works Supervisor MH/pmp TELEVISE /g• it% Y. • CITY OF SHAKOPEE CONSANT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Request of Enebak Construction Company Regarding Hourly Restrictions on Construction Activities for Southbridge Cove& Southbridge 2nd Addition (Savanna Oaks -Phase II) DATE: April 6, 1999 INTRODUCTION: By letter dated March 30, 1999, Enebak Construction, contractor for Southbridge Cove and Southbridge 2nd Addition(Savanna Oaks -Phase II)has requested that City Code Sec. 10.60,Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D,be suspended for Saturday work hours. DISCUSSION: The above named section of the City Code restricts the hours of operation from 7:00 A.M. to 10:00 P.M. on weekdays, and from 9:00 A.M. to 9:00 P.M. on weekends and holidays. Enebak Construction Company is requesting a suspension on the hours as follows: Saturday 7:00 A.M. to 5:30 P.M. The earlier starting time is to expedite work in order to work longer hours to allow contractors to work earlier on Saturday and to meet the schedule for this project. Staff would recommend that if the suspension of hours is granted, that the approval is subject to the following conditions: 1. Approval is contingent upon minimizing noise exposure near residential areas. 2. If excessive residential complaints are received by the City, the suspension can be revoked at the discretion of the Public Works Director. 3. Blasting activities, if any, must be done from 8:00 A.M. to 5:00 P.M. If Council approves the suspension, a public notice is needed to meet the City Code requirement and a notice such as a news release would be placed in the Shakopee Valley News. ALTERNATIVES: 1. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Enebak Construction Company, as per their letter dated March 30, 1999 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. 2. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for some other period of time as determined appropriate by the City Council, and direct staff to publish notice of the suspension terms. 3. Do not approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations,D. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer a motion approving the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Enebak Construction Company, as per their letter dated March 30, 1999 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. :nice Loney Public Works erector BL/pmp RESTRICT EDEBAK CODSTBUCTUOD COL'IPADY P.O. Box 458 • Northfield, Minnesota 55057 • 507-645-8962 612-333-1307 1: 0, March 30, 19991 o y; 1 P 1 APR 1999 Mr. Bruce Loney CITY OF SHAKOPEE City of Shakopee 129 East 1St Avenue Shakopee, MN 55379 Re: Working Hours At Southbridge Cove & Southbridge (DR Horton) Dear Sir: We would like to request an extension of working hours on Saturday for the above projects. We would like to run from 7:00 a.m. to 5:30 p.m. if possible. We appreciate your consideration on this matter. If you have any questions please call. Thank You, Jim Dockstader Estimator/Project Manager "An Equal Opportunity Employer" 15. 1 .,5 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Scott County Parking Committee Recommendations DATE: April 6, 1999 INTRODUCTION: City Council directed staff to form a Parking Committee between County staff, City staff and nearby residents. A Committee was formed and attached is the last meeting's minutes and recommendations on the parking situation around the County Government Center. BACKGROUND: On October 20, 1998, City Council adopted a motion directing staff to form a Parking Committee to address the parking issues around the Scott County Government Center and in particular the parking on City streets adjacent to the Government Center. The Committee consisted of the following persons: Dan Hughes, Shakopee Police Chief John Radermacher, Scott County Maintenance Engineer Mark Wermerskirchen,Resident Ron Ward, School District Administration Services Director Jon Murphy, Scott County Personnel Representative Tom Shaunessy, Resident Barb Hobday, Scott County Associate Administrator The Committee did meet three times and the general consensus of the Committee was to seek voluntary compliance methods first before resorting to further restrictions on parking on City streets. Attached to this memo is the meeting minutes with the Committee's recommendations and a map showing the available parking within Scott County grounds and streets adjacent to the County facilities. The Committee did prepare some final recommendations and they are as follows: • Recommend that the County Administrator write a letter on voluntary compliance and strongly encourage participation to utilize parking stalls on Scott County parking lots and on City streets adjacent to the County Campus. • Further monitoring of parking compliance for three months to determine if voluntary compliance has been successful and no further action is needed or to apply further restrictions in certain areas. • Recommend looking at the 4-way stop sign study at the intersection of Atwood Street and 4th Avenue and also a 3-way stop sign study for the intersection of Fuller Street and 4th Avenue. This request was primarily in response to a safety concern of pedestrians crossing Atwood Street and the number of vehicles and pedestrians involved in this area. Also, the Committee recommended that the block of Atwood Street, between 4th Avenue and 5th Avenue, be looked at to improve the pedestrian crossing in this area and to look at alternatives on improving the safety of pedestrians and/or reviewing whether to have no parking on Atwood Street. It was the general consensus of the members after much discussion that keeping parking on Atwood Street would help alleviate the parking problem of the Scott County Campus. No parking restrictions on Atwood Street should be a last resort in order to meet safety concerns. • Finally, it was discussed that a future meeting would be held after the three month monitoring period to determine if the monitoring period had been successful, and if further restrictions need to be applied on City streets in order to force the use of Scott County parking facilities. Attached also to this memo is a map showing the existing parking restriction on City streets near the County Campus. If Council wants the Committee to consider certain areas for parking restriction, then additional direction should be provided. ALTERNATIVES: 1. Accept the recommendations from the Scott County Parking Committee as presented. 2. Accept the recommendations from the Scott County Parking Committee with additional recommendations from City Council. 3. Do not accept the Committee's recommendations and ask the Committee to restudy specific areas. 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, however, Council may want to add recommendations for the Committee to consider. ACTION REQUESTED: Make a motion to accept the recommendations of the Scott County Parking Committee with additional recommendations by City Council. r vie Bruce Loney Public Works I irector BL/pmp PARKING SCOTT COUNTY PARKING COMMITTEE MINUTES FEBRUARY 19, 1999 ATTENDEES: John Radermacher, Scott County Jan Murphy, Scott County Dan Hughes, City of Shakopee Bruce Loney, City of Shakopee Art Bannermann, Scott County Commissioner The meeting started with introduction of attendees, with Jan Murphy being introduced as the new Scott County representative for Dave Loftness who was nominated for Barb Hobday and could not attend the meeting. The first item on the agenda that was discussed was to review the monitoring of parking around the Scott County Government Campus. Both John & Bruce agreed that the Scott County parking lot west of the Justice Center and the diagonal parking on 5th Avenue from Scott Street to Atwood Street was under utilized during the monitoring period of last month. Scott County representatives made a request for no parking on Atwood Street,between 4th Avenue and 5th Avenue, in response to safety concerns of pedestrians crossing the Scott County parking lot to the Justice Center. This item was discussed later in the meeting under a different agenda item. The next item reviewed by the Committee was the available parking for the County Government Center. Shakopee City staff has put together a map showing the parking stalls available in the parking lots provided by Scott County Government Center and City streets adjacent to Scott County property. In reviewing the parking stalls available, the drawing indicated that the County parking lots had 233 stalls available with 102 stalls of parking available on City streets adjacent to Scott County property. These two areas constitute a total of 335 parking spaces available for use for County employees, visitors and users of the Government Center. It was also discussed of the number of parking spaces needed for a typical work day at the County Government Center. It was estimated that approximately 225 spaces are needed for Scott County employees with, 75 to 100 spaces needed for visitors and users of the Government Center on a typical day. The next item discussed by the Committee was to review recommendations on City street parking, voluntary compliance and final recommendations for the Scott County parking problem. There was a general consensus that an additional monitoring period be held from March 15th to June 15th, in which the Shakopee Police will monitor the parking and provide Scott County managers a list of vehicles that are parking on City streets on a regular basis. Another action item that was discussed was to have the County Administrator, Dave Unmacht, write a letter to Scott County employees to strongly encourage voluntary compliance of parking on Scott County property or on City streets adjacent to Scott County property. It was also the general consensus that a map showing the areas available be provided to the employees with the letter from Mr. Unmacht. Another item that would help facilitate parking in the Scott County parking lots will be the closing of the Holmes Street door to Scott County employees once the remodeling has been completed. The Committee did prepare some final recommendations and they are as follows: 1. Recommend that the County Administrator write a letter on voluntary compliance and strongly encourage participation to utilize parking stalls on Scott County parking lots and on City streets adjacent to the County Campus. 2. Further monitoring of parking compliance for three months to determine if voluntary compliance has been successful and no further action is needed or to apply further restrictions in certain areas. 3. Recommend looking at the 4-way stop sign study at the intersection of Atwood Street and 4th Avenue and also a 3-way stop sign study for the intersection of Fuller Street and 4th Avenue. This request was primarily in response to a safety concern of pedestrians crossing Atwood Street and the number of vehicles and pedestrians involved in this area. Also, the Committee recommended that the block of Atwood Street, between 4th Avenue and 5th Avenue, be looked at to improve the pedestrian crossing in this area and to look at alternatives on improving the safety of pedestrians and/or reviewing whether to have no parking on Atwood Street. It was the general consensus of the members after much discussion that keeping parking on Atwood Street would help alleviate the parking problem of the Scott County Campus. No parking restrictions on Atwood Street should be a last resort in order to meet safety concerns. 4. Finally, it was discussed that a future meeting would be held after the three month monitoring period to determine if the monitoring period had been successful, and if further restrictions need to be applied on City streets in order to force compliance in use of Scott County parking facilities. This concludes the minutes of the February 19, 1999 meeting. If there are any questions, comments or corrections associated with these minutes, please feel free to contact me at Shakopee City Hall. dRig e Loney Public Works irector BL/pmp MINUTES ...J I • 1 J I I ) '1S S31410H fr 81 - l'i 0 I (' ! _ - a �„ , 1 _ v t, , (p.11Oq. IWd _ N N i _ ., ., - - F 1 1 w - - S33VdS 93113I2Vd 12 - _-1_ Yl i7"4„...:4 r� ® _...... S dS 9111/1Wd : W 1 a el ( a ti-- 1S 2131163 �..� 14 ' N G - a Ij __ N°vf Q 6 Q�Ulllllllllll111111 � � S33VdS 9HUglVd 82 , _ji Illillllll 1 I I 1' 1 !14I)Id4d 61 1 1 '1S QOOMld 33V. IA. d r _ 010104 11111.1.1111-- I N N N 1 n I! w i 41 '1S 1103S IS, f-. . CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Maintenance Worker DATE: April 6, 1999 INTRODUCTION: Candidates have been reviewed for the Public Works Maintenance Worker position which was authorized at the March 16, 1999 Council meeting. At this time, I am recommending that the City Council authorize the hiring of Todd Schumacher to fill this position. BACKGROUND: In the 1999 Budget, there are nine Public Works Maintenance Worker positions authorized by City Council. A vacancy was created with the resignation of Howard Heller due to his retirement on March 31st of this year. Staff utilized the Scott County Personnel Department for the selection process and in determining a candidate list. The candidate list was from the November, 1998 Maintenance Worker hiring list and is still active. From the certified candidate's list, the number one candidate was Mr. Todd Schumacher who has accepted the position. The anticipated starting date is April 12, 1999 and would be contingent upon his successful pre-employment physical. Budget Impact: The advertised salary range for the Public Works Maintenance Worker position was listed at $12.57 to $13.02 per hour depending on qualifications. This position is a non exempt position which allows the employee over time pay. The 1999 Union Contract Pay Plan has been recently adopted and the Step 1 pay is $13.849 per hour which is the starting pay being offered to the successful candidate. RECOMMENDATION: Staff recommends the hiring of Todd Schumacher for the Public Works Maintenance Worker position. ACTION REQUESTED: Move to authorize the hiring of Todd Schumacher as a Public Works Maintenance Worker and to be hired at Step 1 ($13.849/Hr.) of the 1999 Public Works Union Pay Schedule effective April 12, 1999 and subject to a successful pre-employment physical and background check. "MA-eruce Loney Public Works Director BL/pmp HIRED CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vierling Drive, from Fuller Street to Western Plat Line of Orchard Park West, Project No. 1998-3 DATE: April 6, 1999 INTRODUCTION: Attached is Resolution No. 5103, a resolution which accepts the bids and awards the contract for Vierling Drive Improvements, from Fuller Street to the Western Plat Line of Orchard Park West, Project No. 1998-3. BACKGROUND: On February 17, 1998, the City Council adopted Resolution No. 4842, ordering the preparation of a feasibility report for the improvements listed above. The feasibility report was completed and submitted to City Council on March 17, 1998. At that meeting, Resolution No. 4866, a resolution receiving a feasibility report and calling for a public hearing was approved and set the public hearing for April 21, 1998. A public hearing was held on April 21, 1998 and Council adopted Resolution No. 4891 ordering the improvement and preparation of plans. On March 2, 1999, the City Council approved the plans and specifications and ordered the advertisement of bids for Vierling Drive Improvements, from Fuller Street to the Western Plat Line of Orchard Park West. This project consists of installing sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail and street lighting for a 1/4 mile segment of Vierling Drive west of Fuller Street. The funding of this project is from assessments, City's Capital Improvement Fund and Shakopee Public Utilities Commission's Oversizing Funds. On April 5, 1999, seven sealed bids were received and are summarized in the attached resolution. The low bid was submitted by S.M. Hengtes & Sons, Inc. with a bid of$257,528.44. The low bid received is lower than the Engineer's opinion of cost at the time of bidding of $286,598.23. The total opinion of construction costs in the feasibility report was $272,533.80. The developer of Orchard Park West did install a portion of 12"watermain on Vierling Drive to serve the development. Staff estimates this work to be about $15,000.00, so that the actual low bid received is very close to the feasibility report estimate. Staff is recommending awarding the contract to S.M. Hentges & Sons, Inc. in the amount of$257,528.44. In addition to awarding the contract to the low bidder, Council will need to authorize consultant engineering services to provide construction surveying inspection and administration services as necessary for this project. WSB & associates did the preliminary surveying and staff is recommending an extension agreement be executed by the appropriate City officials with WSB & Assoc. to provide construction engineering services. If Council awards this project, staff is also requesting that City council authorize a contingency amount equal to 5% of the contract to cover minor change orders or quantity adjustment that may occur on the project. ALTERNATIVES: 1. Accept the low bid of $257,528.44 and adopt Resolution No. 5103, awarding the contract to S.M. Hentges & Sons, Inc. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. 4. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant services on this project, for the City of Shakopee. 5. Authorize a 5% contingency amount for use by the City Engineer in authorizing • change orders or quantity adjustments on this project. RECOMMENDATION: Staff recommends Alternative No.'s 1, 4 and 5. ACTION REOUESTED: 1. Offer Resolution No. 5103, A Resolution Accepting Bids for Vierling Drive, from Fuller Street to the Western Plat Line of Orchard Park West, Project No. 1998-3 and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services for the City of Shakopee. 3. Authorize a 5% contingency amount for use by the City Engineer in authorizing change order or quantity adjustments on this project. 1.44, :nice Loney Public Works Trrector BL/pmp MEM5103 APR-06-1999 13:39 WSB & ASSOCIATES INC. 6125411700 P.02/02 ABA 350 Westwood Lake Office Mirte{steadt.P.E.Bret A.Weiss,P.E. HISS 8441 Wayzata Boulevard Peter R.Willenbring.P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 April 6, 1999 Mr. Bruce Loney,P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Extension Agreement to Provide Construction Surveying Services Vierling Drive(Fuller Street to the West Plat Line of Orchard Park West) WSB Project No. 1014.55 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects),this extension agreement is written to provide for construction surveying services for the above-referenced project. We are proposing to complete this work on a cost-reimbursable basis according to our fee schedule. The City of Shakopee agrees to reimburse WSB &Associates for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval,please sign below and return one copy to our office. Sincerely, WSB&Associates,Inc. Bret A. Weiss, P.E. Vice President City Administrator nm City Clerk Mayor Date Infrastructure Engineers Planners F;IWPWQJ11014.S5esut,.aur.w+.md TOTAL P.02 RESOLUTION NO. 5103 A Resolution Accepting Bids On Vierling Drive, From Fuller Street To The Western Plat Line Of Orchard Park West Project No. 1998-3 WHEREAS, pursuant to an advertisement for bids on Vierling Drive Improvements, from Fuller Street to the Western Plat Line of Orchard Park West, Project No. 1998-3, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: S.M.Hentges& Sons, Inc. $257,528.44 Chard Tiling&Excavating,Inc. $267,080.23 Northdale Construction Co.,Inc. $281,957.58 Ryan Contracting,Inc. $284,613.07 Northwest Asphalt,Inc. $297,757.87 Richard Knutson,Inc. $312,498.84 Midwest Asphalt, Inc. $357,248.07 AND WHEREAS, it appears that S.M. Hentges & Sons, Inc., P.O. Box 69, Jordan, MN 55352 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with S.M. Hentges & Sons, Inc. in the name of the City of Shakopee for Vierling Drive, from Fuller Street to the Western Plat Line of Orchard Park West by installation of sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting and any other appurtenant work. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk SHAKOPEE POLICE DEPARTMENT Memorandum Lc. 18 . 1 TO: Honorable Mayor and City Council CONSENT' Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police r SUBJECT: Unmarked Car DATE: March 23, 1999 INTRODUCTION: The Police Department is seeking Council authorization to purchase a used car to replace a 1990 Dodge. BACKGROUND: The Police Department would like to purchase a used 1998 Chevrolet Lumina or similar intermediate size vehicle which is still covered by a bumper-to-bumper warranty and turn the Dodge over to the Finance Director and City Mechanic for evaluation and reassignment according to the city vehicle replacement policy. In years past and in 1997 the City has approved the purchase of a used car covered by a bumper-to-bumper factory warrant through Northstar Auto Auction. In the past, the City has found the best deals here in the form of program cars. Program cars are late model used cars owned by General Motors which have usually been driven around 15,000 miles. They come covered by the balance of a new car bumper-to-bumper warranty. Purchasing a used vehicle at Northstar Auto Auction involves finding a vehicle that meets our needs, purchasing it if the price is right and paying for it within 24 hours. To do this city officials need advance authorization from Council to purchase a vehicle without knowing exactly what that vehicle will be or what it will cost. BUDGET IMPACT Funds in the amount of$15,000 for an unmarked car were approved in the 1999 Police Budget. ACTION REQUESTED: Authorize the appropriate city officials to purchase a used 1998 Chevrolet Lumina or similar intermediate size car through Northstar Auto Auction for not more than$15,000 including taxes and acquisition fees. [Unmarked]pm CITY OF SHAKOPEE Memorandum CSET To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: March 29, 1999 Subject: Authorization to Hire Community Service Officers(CSO) Introduction The Police Department is requesting Council approval to hire two Community Service Officers (CSO). Background The Police Department, with Council approval, made application to the COPS Office for a grant to fund two CSO positions in 1998. We received notification that we were awarded a$40,048 COPS MORE 98 grant in late 1998. The Police Civil Service Commission conducted the necessary tests and established an eligible register for the position of CSO. The eligible register for the position of CSO is attached. Budget Impact The grant funds exist to pay the salary and benefits of two full-time CSOs. The grant does require a 25% cash match from the City. The grant funds and the cash match were included in the Police Department's 1999 Budget. It is possible, depending upon the hours of availability of the potential candidates that more than two CSOs could be hired. The grant is guaranteed for one year from the start date with the possibility of extensions and/or additional funding depending on the future level of Federal appropriations. Action Requested If Council concurs, they should, by motion authorize the hiring of Angela Trutnau and Erin Lundy to fill the position of Community Service Officer at a hourly rate set by Grade A, Step 1, of the 1999 pay plan subject to their satisfactory completion of a background investi_. '• pre-employment medical and psychological examinations. .n'ug es CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Shakopee Police Civil Service Commission Date: February 25, 1999 Subject: Eligible Register The Shakopee Police Civil Service Commission has conducted appropriate testing and as result establishes the following eligible register for the position of community service officer(CSO) in accordance with the provisions of M.S.A. 419. 1. Angela Trutnau 2. Erin Lundy 3. Terry Wood 4. Brent Eigenberg 5. Scott Haas 6. Charles Glum 7. Daniel Konken Resp tfully submitted, 04, /9/ „ir • /72 Sta Von Bokern,' air Shakopee Police Civil Service Commission 1 Is. u, 3, CONSENT SHAKOPEE POLICE DEPARTMENT r_ Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police W SUBJECT: Salary Adjustment for Police Officer Off-Duty Contractual Overtime DATE: March 31, 1999 INTRODUCTION: Since 1996 the City of Shakopee has charged individuals, businesses, and organizations, thirty-nine($39.00)dollars per hour for contractual services. BACKGROUND: Since 1992 the contractual services that the Police Department provides has gone from thirty-six($36.00)dollars per hour to thirty-nine($39.00)dollars per hour. The average officer's overtime rate with benefits is higher than the $39.00 per hour that the City charges for off-duty contractual overtime. The City also pays the officers retirement, worker's compensation insurance and other fringe benefits. The City should consider adding an administrative charge for time spent on billing, scheduling and officers working off-duty. A vehicle usage charge may be appropriate also as the vast majority of off-duty contractual work includes the use of a squad car. Officer's working contractual overtime are actually on-duty and subject to Department and City policies, regulations and procedures. Surrounding agencies rates for contracted overtime vary. For example: • The City of Chaska charges a flat rate of thirty-five($35.00) dollars per hour. • The City of Prior Lake charges at one and one-half times the officer's regular hourly rate plus benefits, plus$3.86 for overhead. • The City of Savage charges at one and one-half times the officer's regular hourly rate plus twenty-eight(28%)percent of that. Pg. -2- Police Dept. Contractual Overtime Memo March 31, 1999 • Scott County Sheriff's Office charges a flat rate of thirty-nine dollars and seventy- five cents($39.75)per hour. I have spoken with Finance Director Gregg Voxland. It is Mr. Voxland's opinion that the City charge a flat rate of forty-six($46.00)dollars per hour for off-duty contractual services provided by the Shakopee Police Department. This rate includes an average officer's salary at one and one-half times the hourly rate, an administrative charge, a vehicle charge, plus the officer's benefit package. Shakopee Police officers work at number off-duty functions each year. Included would be Spooky World, Canterbury Park, Park Inn Suites, Senior and Junior High School events and large concert or dance events. RECOMMENDATION: 1. Approve an increase from thirty-nine($39.00)dollars per hour to forty-six ($46.00)dollars per hour for Shakopee Police Officer contractual overtime. 2. Do not approve an increase from thirty-nine($39.00) dollars per hour to forty-six dollars($46.00)per hour for Shakopee Police Officer contractual overtime. ACTION REQUESTED: If Council concurs, they should, by motion, approve an increase from thirty-nine($39.00) dollars per hour to forty-six($46.00) dollars per hour for Shakopee Police Officer contractual overtime. See attachment from Greg Sticha. DH:pm [LESA-0T] To: Dan Hughes From: Greg Sticha Date: January 26, 1999 Subject: Hourly Police Rate Charge On January 25, 1999, Robert Forberg requested information in regards to total cost for some officers on an hourly basis. This information was to be used to determine if the current hourly charge of$39/hour is adequate to cover our costs. Listed below are the cost breakdowns for several officers on an hourly basis. Hourly PERA& Work Hourly Admin Vehicle Total Officer Payrate FICA Comp Long/Perf Charge Charge Cost Flynn 41.47 5.33 0.83 1.12 2.00 2.00 52.75 Tucci 36.61 4.70 0.73 0.96 2.00 2.00 47.00 Carlson 34.68 4.46 0.69 1.12 2.00 2.00 44.95 Gulden 33.96 4.36 0.68 0.65 2.00 2.00 43.66 Schrott 30.43 3.91 0.61 0.29 2.00 2.00 39.24 Note: The hourly wages are based on the officers 1998 pay rate plus 3% and at time and a half for overtime pay. The benefits rate is for 11.4% PERA, 1.45% FICA, and 3% Work Comp. Longevity was based on service time with the department. The admin charge and vehicle charge are just an estimate of these costs. This entire spreadsheet was created using estimates and it should not be assumed these are the definitive actual costs to the City. The department may want to consider charging a governmental rate and a private rate. is. 8. VI CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police1W Date: March 29, 1999 Subject: COPS in Schools Initiative Introduction The Police Department is seeking authorization to make application to the U.S. Department of Justice, COPS Office, for a COPS in Schools grant. Background The U.S. Department of Justice, COPS office, in recognition of the increase in violent behavior by school aged children developed a grant program which funds local communities efforts to address these and other problems in their schools. The COPS Office is offering up to $60 million to local law enforcement. The COPS in Schools initiative provides an incentive for law enforcement agencies to build working relationships with schools to use community policing efforts to combat school violence. The primary objective of the grant is to hire additional police officers which will be assigned to work in the school system addressing such issues as gang activity, conflict mediation, mentoring activities, problem solving, truancy, and discipline related to criminal behavior. Representatives of the Police Department and School District#720 met and discussed the viability of a partnership between the organizations on the COPS in Schools program. The School District is supportive of any activity which would place an additional police officer in the schools. The School District would particularly like to have a greater police presence in the Senior High School which is currently provided up to 10 hours a week and on a call for service basis. Budget Impact The COPS in Schools grant program will pay up to $125,000 per officer over three years with any remainder paid with local funds. If, as a result of the application, the City is awarded grant funds there will be a cash match of approximately $32,000 over the three years of the grant. The 1999 Police Department Budget will have funds available to cover the first year's $10,851 cash match due to unfilled allocated positions. The remaining two years cash match would be included in the 2000 and 2001 budgets. The School District is reluctant to make a monetary commitment over and above the current contract to this partnership at this time absent School Board approval. The School District and the City have a partnership in place from which the City receives a statutorial determined amount of money for agreed upon police services. The City agreed to provide Drug Abuse Resistance Education, Gang Resistance Education And Training, Officer Friendly, Halloween Safety, Bike Safety, Personal Safety programs and an average of 10 hours per week of police liaison activities in each of the School District's secondary schools. The police liaison activities include prevention of delinquency, protection of life and property, and law enforcement. The School District agreed to pay the City a fee for these services. The fee is based upon a statutorial authorized $1.50 crime levy for each person living in the school district. The amount of the payment for the 1998-99 school year is $25,000. In summary, the City would be able to add an additional officer for approximately one- fourth the cost during the grant period. (see attached worksheet) The additional officer will be available for assignment to the patrol schedule during our busiest months of June, July and August. The City may elect to fund or not fund the position after the grant expires. It may also be possible for the School District to be better positioned to share the cost of funding the position at the end of the grant period. Action Requested If Council concurs, they should, by motion, authorize the Police Department to make application to the U.S. Department of Justice, COPS Office, for a COPS in Schools grant. an Hughes Chief of Police Cost Analysis of School Services First Three Year Years Revenue - school levy $ 29,000 $ 94,800 Cost- Current (9 months) (33,350) (103,100) Subtotal (4,350) (8,300) Revenue - Grant 41,670 125,010 Cost -Add'I school officer (9 months) (33,350) (103,100) Subtotal 8,320 21,910 Net school program revenue 3,970 13,610 Balance of cost for add'I officer- gain 3 months summer patrol (14,821) (45,818) Total Net to city $ (10,851) $ (32,208) SCHOOLGR.XLS Sheetl 4/1/99 11:02 AM 113x.111 liAKopEE Shakopee SchoolBoard Superintendent: Robert J. Ostlund Kathy Busch, Chair Anne Tuttle, Vice Chair Principal:James Murphy PUBLIC SCHOOLS Jessica Geis, Clerk Assistant Principal: Barbara J. McNulty Lori Gillick,Treasurer Senior High School Todd Anderson, Director Mary Romansky, Director Steve Schneider, Director 3/4/99 Dear Mayor Brekke: I am writing this letter in support of the proposal to add an additional officer and provide additional coverage for the Senior High. The Senior High is experiencing a time of increasing need for a regularly assigned police officer. This need is the result of increasing violence between members of our student body and increasing involvement of our staff in working with students who have been involved in criminal activity. Three years ago this summer, I remember hiring an assistant principal and telling her that our students rarely get into fights on campus. I remember telling her that we have about five fights per year. In the last two years our situation has changed dramatically. The number of fights has easily risen 400%. Acts of violence short of fights have also increased. These other acts range from pushing to verbal abuse. Our staff frequently finds itself needing the help of an officer to resolve a criminal act. Another area where we need the help of an officer is in dealing with the "fall out" of a criminal act committed away from school. Often the first day back from a weekend or a vacation finds our assistant principal sorting out a criminal act that took place over the weekend. There may or may not be police involvement at this point. We need the help of an officer to explain to us what happened, to let us know which individuals need to be kept apart or to start an investigation if one is not underway. This communication is invaluable in preventing further acts of violence. In addition to the reasons outlined above, we have used officers to speak to classes and work with individual students. I believe that we can prevent some crimes from happening when we develop a relationship between students and the Police Department. Shakopee Senior High School is fully ready to support the addition of an additional police officer by providing an office and creating an environment in which the officer can develop positive relationships with students. However the school district cannot, at this time, pledge additional financial support. Sincerely, lw ames E. Murphy Principal 200 E. 10th Ave. • Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTRAL ASSOCIATION (612)496-5152 • fax: (612)445-3268 AN EQUAL OPPORTUNITY EMPLOYER CITY OF SHAKOPEE Memorandum TO: Mayor& City Council _ Mark McNeill, City Administrator FROM: Marilyn Remer, Payroll/Benefits Coordinator Ronald Stellmaker, Facility Manager SUBJECT: Hiring of Facility Maintenance Worker DATE: April 1, 1999 INTRODUCTION: Interviews have been held with candidates for the Facilities Maintenance Worker position. Staff is recommending that the City Council authorize the hiring of Michael Liesenfeld to fill this position. BACKGROUND: The Facility Maintenance Worker is a newly created budgeted full-time position within the Park and Recreation Department. Council authorized advertising for this position at its January 5, 1999 meeting. Staff utilized the Scott County Personnel Department for the initial selection process which provided a certification list of five candidates. Staff interviewed four candidates from this list. The interview panel consisted of the Facility Manager,Recreation Supervisor II and Payroll/Benefits Coordinator. It is the panel's recommendation to hire Michael J. Liesenfeld. Mr. Liesenfeld has six years arena/pool maintenance experience with the City of New Ulm Ice Arena and Family Rec. Center. He has successfully completed the required pre-employment physical and background check. His anticipated starting date is April 12, 1999 contingent upon Council approval. All new hires are subject to a 6-month probationary period. BUDGET IMPACT: The advertised starting salary range was $11.34/hr., Step One Grade A of the 1999 Pay Plan. Mr. Liesenfeld has agreed to the starting wage,therefore staff is recommending a starting salary of$11.3399/hr, Step 1, Grade A of the 1999 Pay Plan with subsequent increases in pay occurring on the annual anniversary date of employment. RECOMMENDATION: Staff recommends the hiring of Michael J. Liesenfeld for the Facility Maintenance Worker position. ACTION REQUESTED: Move to authorize the hiring of Michael J. Liesenfeld as Facility Maintenance Worker at $11.3399/hr. Step 1, Grade A of the 1999 Pay Plan,effective April 12, 1999. Is'• C. , . CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council NSEN ' Mark McNeill, City Administrator J From: Mark McQuillan, Parks and Recreation Director Subject: Authorization to Advertise for Bids for the Joe Schleper baseball Stadium Date: April 2, 1999 INTRODUCTION Staff is requesting the City Council's authorization to solict bids for the improvements proposed for the Joe Schleper Baseball Stadium. BACKGROUND At its March 7, 1999 meeting, the City Council authorized staff to enter into an agreement with Architect Dave Linner to proceed with the facility design and specifications for the Joe Schleper Baseball Stadium Project. The main bid package will consist of restroom facilities, concession stand and press box. The canopy roof, storage area under the grandstand and landscaping will be submitted as bid alternates. Mr. Linner has indicated he will have the specifications ready to advertise for bids by April 9th. To stay on schedule, staff is asking Council's permission to advertise for bids starting the week of April 13. The Bid Opening date will be Friday, May 7, 1999. The City Council will review the bids at its May 18, 1999 Shakopee City Council Meeting. At that time, Council can determine the scope of the project and how much it wishes to fund in 1999. Council also has the option to reject all bids, if they are too high, and re-bid the project at a later time. See Attachments A&B for background information. ALTERNATIVES 1. Authorize the appropriate City officials to solicit bids for the improvements proposed for the Joe Schleper Baseball Stadium Project. 2. Do nothing. 3. Table for further information from staff. ACTION REQUESTED Move to authorize the appropriate City officials to solicit bids for the improvements proposed for the Joe Schleper Baseball Stadium Project. Mark J. cQuillan Parks and Recreation Director ,Alli9c/INN I /9- 1s,11 . z . CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Architect for Joe Schleper Baseball Stadium Date: February 24, 1999 INTRODUCTION Staff is requesting Council's authorization to hire Architect Dave Lineer to do the design development plans and specifications for the baseball stadium improvements in Tahpah Park. BACKGROUND At its February 2, 1999 meeting, Council directed staff to hire an architect to develop design specifications and bid packages for the baseball stadium. Council also indicated it wishes to have the project split into phases and/or with bid alternates. When the facility design and specifications are completed, staff will seek Council's permission to solicit bids. The decision to fund the improvements will be determined when the City Council reviews the bids. ARCHITECTUAL SERVICES Requests for Qualifications were sent to three architects and two of the three responded. They are: Dave Lipner Architects and Cluts, O'Brien and Strother Architects. The city Andministrator and Parks and Recreation Director conducted interviews on Monday, February 22, 1999 at City Hall. FEE PROPOSAL Linner Architects Architecture/Engineering thru Bid Phase $15,600 Architectual/Engineering thru Construction Phase 4.200 Total $19,800 Misc. costs for printing and postage Gluts,O'Brien &Strother Architects The design submitted is 7% of the construction budget($550,000)which equates to $38,500. Design Development(25%) $ 9,625 Construction Documents (45%) 17,325 Bidding (5%) 1,925 Construction(25%) $ 9,625 Total $38,500 RECOMMENDATION Staff recommends hiring Mr. Dave Linner to do the design development and specifications for the Joe Schleper baseball Stadium Project. ACTION REQUESTED If Council concurs with staff's recommendation, it should, by motion, move to authorise the appropiate City officials to enter into agreement with Dave Linner to proceed with the facility design and specifications for the Joe Schleper Baseball Stadium Improvement Project with funding to be allocated from the Park Reserve Fund at a cost not to exceed $15,800.00. * An additional $200 was added to cover printing and postage costs. 11 Mark J./ cQuillan Parks and Recreation Director A i/,V fr /54 . 2-1 . CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Architect for Joe Schleper Baseball Stadium Date: February 24, 1999 INTRODUCTION Staff is requesting Council's authorization to hire Architect Dave Lineer to do the design development plans and specifications for the baseball stadium improvements in Tahpah Park. BACKGROUND At its February 2, 1999 meeting, Council directed staff to hire an architect to develop design specifications and bid packages for the baseball stadium. Council also indicated it wishes to have the project split into phases and/or with bid alternates. When the facility design and specifications are completed, staff will seek Council's permission to solicit bids. The decision to fund the improvements will be determined when the City Council reviews the bids. ARCHITECTUAL SERVICES Requests for Qualifications were sent to three architects and two of the three responded. They are: Dave Limier Architects and Cluts, O'Brien and Strother Architects. The city Andministrator and Parks and Recreation Director conducted interviews on Monday, February 22, 1999 at City Hall. FEE PROPOSAL Linner Architects Architecture/Engineering thru Bid Phase $15,600 Architectual/Engineering thru Construction Phase 4,200 Total $19,800 Misc. costs for printing and postage Cluts,O'Brien &Strother Architects The design submitted is 7% of the construction budget($550,000)which equates to $38,500. Design Development(25%) $ 9,625 Construction Documents (45%) 17,325 Bidding (5%) 1,925 • FEE PROPOSAL David Linner .Baseball Stadium _ Shakopee, MN •• Architectural/Engineering thru Bid Phase $15,600 Architectural/Engineering for Construction Phase 4,200 Architectural/Engineering A/E Total $19,800* • *Plus Printing and Postage Services include'design development, construction documents including plans and specifications, bid review, construction administration with site visits, final inspection, and final punchlist. • - - --- -- 1TN1G11)OIrJin fs 7`*i `17J1 f.KJC/✓JC �._._•_..f DATE: February 25, 1999 1.._.-. - TO: Mark McQuillan Parks and Recreation Director ._.. . . _._ CITY OF SIL4KOPEE 1255 Fuller Street C1Ut8 Shakopee,MN 55379 O13rien FROM: Dan O'Brien 6tI"©t11ei' ADCIIITI';CTc PROJECT: The Joe Schieper Baseball Stadium Improvements Project COMM NO: Promotional SUBJECT: Fee COPY TO: file MEMORANDUM Design fees for the services outlined in our proposal will be 7%of the construction budget. Our fee will be broken down as follows: Design Development 25% Construction Documents 45% Bidding 5% Construction Administration 25% Please call with questions. 7520 Market Place Drive •• Eden Prairie •• Minnesota 55344 •• Phone: 612/941-4822 t--j --+ TOTAL P.02 FEE PROPOSAL • David Linner .Baseball Stadium Shakopee, MN •• Architectural/Engineering thru Bid Phase $15,600 Architectural/Engineering for Construction Phase 4,200 • Architectural/Engineering ATE Total $19,800* • *Plus Printing and Postage Services include'design development, construction documents including plans and specifications, bid review, construction administration with site visits, final inspection, and final punchlist. • 4cerr CITY OF SHAKOPEE MEMORANDUM To: Mayor Jon Brekke and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: Joe Schleper Baseball Stadium Improvements Date: January 26, 1999 INTRODUCTION The Parks and Recreation Advisory Board is recommending the City Council allocate up to $550,000 for improvements to the Joe Schleper Baseball Stadium. BACKGROUND As early as 1970, plans were underway to build a new community baseball field either in Lions Park or Tahpah Park. In 1980, the Shakopee Jaycees donated funds and volunteer labor to construct a new baseball field at Tahpah Park. After years of flooding, the old Riverside Baseball Park on the north side of the Minnesota River was finally closed in 1985. The steel light towers at Riverside Park were disassembled and transported to the new ballfield in Tahpah Park. A committee of local baseball supporters raised over $15,000 to purchase a section of the Metropolitan Stadium grandstand and reconstructed it at the new ballfield. The purchase included steel girders, concrete slabs and seating for about 600 people. Danny's Construction donated labor and funding to reconstruct the grandstand. In 1989, two concrete block dugouts and a giant wooden batting eye in center field were built by the town baseball team and in 1993, the Shakopee Jaycees irrigated the entire 40 acre complex including the baseball field. UNFINISHED STADIUM Unlike many town ballparks, Schleper Stadium does not have a press box, concession stand or restrooms. A canopy roof over the grandstand is also needed to help block the sun from the fielders eyes (pitcher, shortstop and 3rd baseman) during late afternoon games. The backstop netting would also to be extended to the roof to protect spectators from foul balls. A temporary screening system was installed at the top of the grandstand. The sun-screen is raised and lowered on a pulley system which has a history of malfunctioning. USERS The Joe Schleper Baseball Stadium is the home field for the Shakopee High School Baseball Team, Shakopee Indians Town Baseball Team, Shakopee Coyotes Town Baseball Team, Shakopee American Legion Baseball Team, Shakopee Mickey Mantle Baseball Team and the Men's Over 35 Baseball Team. Occasionally, teams in the Junior Boys Baseball Program will use the field. STADIUM DESIGN AND COST OF IMPROVEMENTS In December of 1998, David Lineer was hired to work with staff and leaders of the local baseball program to develop a concept plan for stadium improvements. Needed improvements would include a concession stand, restrooms, press box and canopy. Mr. Lineer is the architect who did the concept design for the grant proposal to expand the Community Youth Center. Kevin O'Brien of Greystone Construction was contacted to provide the estimates for the improvements being proposed. See Exhibit A. The estimate for the press box, concession stand, restrooms and canopy is about $550,000. FUNDING The 1999 Five Year Parks Capital Improvement Program identifies $200,000 of Park Reserve Funds for stadium restrooms, concession stand and press box. (Prior to the adoption of the 1999 CIP, $400,000 was identified for the stadium project but $200,000 was shifted to the Community Youth Center Expansion Project which is contingent on a successful grant application.) In 1995, the City Council identified $380,000 of TIF funds for a various improvements in Tahpah Park. See Exhibit B. According to the Finance Director, those funds are still identified for Tahpah Park. It makes sense to use the TIF funds for the stadium project and use Park Reserve Funds for land acquisition and development of new parks. Even with 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 needed to complete the project. One suggestion would be to fund the project using a combination of TIF funds and Park Reserve Funds. For example: $450,000 TIF and $100,000 Park Reserves. BIDDING THE PROJECT If the City Council decides to fund all or even part of this project, it may want to bid it with certain components as bid alternates. The main bid package could include: concession stand, restrooms and press box. The bid alternates would include: landscaping, canopy over grandstand and storage area under the grandstand. Therefore, Council has the option to exclude one or two of the bid alternates or all of them. Council can also reject the entire bid package if it desires. DISCUSSION Step 1. Discuss Scope of Project Step 2. Discuss Funding Options. ALTERNATIVES 1. Allocate $450,000 of TIF Funds and $100,000 of Park Reserve Funds for the Joe Schleper Stadium Project and bid the project as one complete package. 2. Allocate $450,000 of TIF Funds and $100,000 of Park Reserve Funds for the Joe Schleper Stadium Project and bid the project with bid alternates for the canopy, storage area under the grandstand and landscaping. 3. Allocate $380,000 of TIF Funds for the Joe Schleper Stadium project and reduce the scope of the project to not exceed $380,000. 4. Allocate $200,000 of Park Reserve Funds for the Joe Schleper Stadium project and reduce the scope of the project to not exceed $200,000. 5. Table this item and request further information from staff. 6. Do nothing. RECOMMENDATION 1. At its January 25, 1999 meeting, the Parks and Recreation Advisory Board recommended Alternative# 1. 2. If the City Council approves funding for this project, the Parks and Recreation Advisory Board recommended that it direct staff to prepare and solicit Request For Proposals for architectural and design services for the stadium improvements. Staff prefers Alternative#2, because it allows Council to choose the scope of theJro'ect P based on the bid. ACTION REQUESTED 1. If the City Council concurs withe Parks and Recreation Advisory Board's recommendation, it should, by motion, move to allocate $450,000 of TIF Funds and $100,000 of Park Reserve Funds for the Joe Schleper Stadium Improvement Project and bid the project as one complete package. 2. If funding is approved, Council should, by motion, move to direct staff to prepare and seek Request For Proposals for architectural and design services for the Joe Schleper Baseball Stadium Improvement Project. CV14 i74/—Z-- Mark . McQuillan Parks and Recreation Director COUNCIL DIRECTED STAFF TO PREPARE RFP FOR ARCHITECTURAL SERVICES TO PREPARE SPECIFICATIONS AND BIDS FOR THE PROJECT. FUNDING AND SCOPE OF THE PROJECT WILL BE DETERMINED WHEN COUNCIL KNOWS TOTAL COSTS. THE PROJECT IS BE BID WITH ALTERNATES FOR THE CANOPY, STORAGE AREA AND LANDSCAPING. 2/2/99 CITY OF SHAKOPEE /5. O' 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: April 6, 1999 INTRODUCTION: Due to the request of Mr. Craig Ballard and agreement from Mr. Gary Flood,this item was rescheduled from the March 16, 1999 City Council Meeting to April 6, 1999 . Staff has attached the original report for reference. • ared D.Andrews Planner I • • CITY OF SHAKOPEE 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. cL/i ared 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. 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''' ATTACHMENT C IIP 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 • 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. C—)e i,Le/1_A--- - Jared Andrews Planner I •1.1! T---3 NExhibit A 1 A b • ss. ( •Nti c. Sve T • G�Q � Lr oc,�-r-i o►‘ . . ... . . . . . . .. , . . . . .... . . , . .... . . 0 ie:.:- - '. - .40.4V:-''''e— —. I( :....1:.":•,•:.-11. 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MIL :Ili:1i 711:1L 711:H =low Mil- �o 1112111,11111111r1111 o o _ © No ow— = IM ' num �� O 1 N N 1 M M ! N i_i can xi 00 �I� 0 soca KM WI= �� !� 1 E !!E`J ©�7 sa " i a �S=J MNM9, i a s ....3 A • 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 very busy& oftentimes stretched to the limit. I do hope in the future I will be contacted when permits being pulled under 705 First Avenue East come up. Thank you. Sincerely, Craig • • and 403-1283 ‘..." Exhibit C VARIANCE I•OLUTION NO. CC-159 ----� havingfirst WHEREAS , var United Methodist Church 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 addiriOn to rhP church to ali n with the .resent 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 the intent, purpose, objectives of the Shakopee Zoning Ordinance or the Comprehensive Guide Plan; BE IT RESOLVED BTHE varianceCOUNCIL hereby grantedY subjlectOtoEtheMINNESOTA, That the aforementioned fol- lowing special conditions : 1 . No entrance on First Avenue , • n; • .. '.-,),t4.# 1W Passed in special session of the City Council held `:'.'' f • November 19 77 1,. this 9th day ° +•• , '' :1,e1 ill ',,.,r . ,.‘,....,) /4-.„.../".....0.;.., ("I Mayor of the City_ of.. akopee ATTEST: . .': "'' C.. s - Ci Cle , �I. , IS . D. ) . MIDAS AUTO SYSTEMS EXPERTS 104 N Market Street Shakopee, MN 55379 496-2656 RECEIVED April 4, 1999 APR -- 5 1999 CITY OF SHAKOPEE Members of Shakopee City Council 129 Holmes Street South Shakopee,MN 55379 Subject: Adverse impact to Midas& to Midas customers by a proposed entrance on First Avenue by flood Brothers Inc. Dear Council Members: I regret that I am not able to attend Tuesday's meeting to explain my concerns about the proposed new entrance at 719 First Avenue East for the Wedding Station(tenant of Flood Brothers Inc.). I did attend the earlier Appeals Board meeting where they agreed with Mr. Ballard and overturned city staff's interpretation. My main concerns for today and the future are: An entrance on First Avenue for the above stated businesses directs their automobile traffic to on-street parking on Market Street- directly in front of Midas,Jody's Ark, and the soon to be opened Salon St. John. These businesses have direct frontage to Market Street and currently have a large number of customers parking on Market Street. I do understand Market Street is a public street and I do not own it. I do believe that the City through ordinance and planning should make its best efforts to direct and control congestion caused by growth and expansion within our community. Flood Brother's Inc. has 20 parking spaces,including a handicapped parking space,located directly behind their building. A direct entrance to the building from this parking area,with proper signage,would direct the Wedding Station's customers to park in this large and safe off street parking area. I believe the City Council in 1977 realized the hazard of a public entrance so near a busy trunk highway(101). Additionally congestion on Market Street has increased since 1977 and will continue to increase with the opening of Salon St. John. Directing more traffic to park on the corner Market Street and Hwy 101 creates a safety hazard. Automobiles making a right turn off Hwy 101 at 30+mph, looking in the rear view mirror,while another automobile backs out of an on street parking spot,blind to the car turning off of Hwy 101is an accident waiting to happen. The City Council in 1977 knew the potential safety concerns and wrote the variance accordingly saying"No entrance on First Avenue." I appreciate your time in reviewing this matter. I hope I was able to help you understand why an entrance on First Avenue will adversely affect my business and others around me. Please call me if you have questions. Thank you. S.4,1 riv-1111101104 amp President, JLH Enterprises Inc. April 5, 1999 Members of Shakopee City Council 129 Holmes Street South Shakopee, MN 55379 Subject: Reply to Flood Brother's Inc.(Gary Flood's) questions and many misstatements to City Council& City Staff. Dear Council Members: I appreciate your time spent on this matter. Enclosed please find a reply to Flood Brother's Inc./Gary Flood's questions, misstatements and additional relevant information. Where possible I have provided.:documentation to support the facts. The key topic Mr. Flood has left out is: The definition of entrance as defined by OSHA for the American with Disabilities Act.. As seen in the reference section - Shakopee library. ENTRANCE Any access point to a building or portion of a building or facility used for the purpose of entering. An entrance includes the approach walk, the vertical access leading to the entrance platform, the entrance platform itself, vestibules if provided, the entry door(s) or gate(s), and the hardware of the entry door(s) or gate(s). Mr. Flood States: "Mr. Ballard is claiming that he would be hurt by a new entrance. I fail to understand how this claim could be true and in his letter there is no explanation as to why." My Reply: The purpose of my letter supplied in the information pack was to express my concern about staff allowing the project move forward prior to the Appeal's Board ruling. I and others articulated our reasons at the Appeals Board meeting as to why the term of this variance should be enforced and what it meant. The Appeals Board agreed. The reasons stated were: Safety Congestion on Market Street has increased and will increase greater with the opening of Salon St. John. An action by the City directing more traffic to this area increases the chance of hazard. Too many automobiles making a right turn off First Avenue at 30+mph, looking in their rear view mirror and looking ahead for a parking space-may be too much. I do think the City Council in 1977 knew the potential safety concerns and wrote the variance accordingly once again saying"No entrance on First Avenue." Safety for the Handicapped Mr. Flood has stated to city staff that he is trying to provide a more direct, handicap accessible doorway to his building- nothing could be further from the truth. The safest, most direct handicap entrance would be provided on his property in the rear of the building. The door is already in place, the handicapped parking stall is already in place& marked. the ramp length according to ADA 1:20 ratio would have to extend 25' leaving 4' of existing sidewalk&2' to the space. The total distance for the handicapped would be just over 30'...Ideal!!! Mr. Flood's proposed entrance makes the handicapped travel 90+feet. Let's remember they would be exiting their vehicles into a congested Market Street, moving to the back of their vehicle into the middle of the street, and then traveling right next to a very busy First Avenue. It should be noted that the some of the sidewalk in the area is uneven. The real problem with sending traffic this way is the snow& slush plowed off of First Avenue. To keep the sidewalk clear from a simple 2" snowfall means at least 3 Shovelings. Imagine a person in a wheelchair being doused with slush from cars passing by. Imagine the blind spots to motorists caused by a large van on the corner. It's just such horrible, horrible place for a handicapped entrance. Economic An entran e on First Avenue for The Wedding Station/Shakopee Auto Inc. directs their traffic to on-street parking on Market Street- directly in front of Midas, Jody's Ark, and the soon to be opened Salon St. John. These businesses have direct frontage to this area and should be the main benefactors to it. I do understand Market Street is a public street and I do not own it. However, I do believe that the City through ordinance and planning should and most often does controls parking for the rightful benefactors. Flood Brothers Inc. has 20 parking spaces, including a handicapped parking space, located directly behind their building. These many spaces were created solely because their building was given great setback& side yard variances. All their traffic should be directed to these spaces. An entrance on First Avenue directs their traffic to Market Street. I believe the City Council in 1977 kne*& said exactly what they meant: "No entrance on First Avenue." Both the Flood Brother's and the Wedding Station were well aware of this variance and what it meant. It seems obvious that they tried sneak this by city staff under the guise it was necessary for a handicapped entrance. Mr. Flood States: "Secondly, Mr. Ballard's depiction of who owns the property is also wrong. The owners of the property are Gary and Jeff Flood individually...We regularly visit the property to check up on things." My Reply: Exhibit"A" is a tax record showing that Flood Brother's Inc. is the listed owner of the property according to the County Recorder. They may have recently changed it-I don't know. I do know that at our closing it took 4 signatures to transfer ownership. For Gary Flood to use this as a grief against me shows his case lacks merit-he's just trying to fill up a page and muddy the waters. Their stated frequent visits to the property(which don't happen) also have little relevance. The main issue is the variance stating"No entrance on First Avenue." Mr. Flood States: "It is also untrue that it took four years to paint the building and even if it were accurate, it is irrelevant to the discussion and irresponsible for Mr. Ballard to make that claim." My Reply: I may be Wrong about it taking four years to paint the building-it may have been longer. I do know long ago, as a favor to Gary Flood I spent a day painting the building. The job was not finished after that day and it did not seem to be touched again until last November. The painters that did show up did not know the difference between oil base and latex. Gary did not show up beforehand to explain to them who owns what. When I showed up they had paint on a sidewalk, building and a door all belonging to me. It is my opinion that Gary Flood has limited concern about anyone and their property other than what he controls. I must note that I don't believe Jeff Flood intrinsically has this quality. Gary Flood States: "Thirdly,Mr. Ballard's claim that our tenant, The Wedding Station, has two rear accesses (where their parking is located) and utilize the churche's 1st Avenue entrance is an absolute lie. Mr. Ballard has refused to allow The Wedding Station through the front door, after evicting the Wedding Station from an illegal sublease that he wrote with them on my property" My Reply: At the time that letter was created the Wedding Station had rights to 2 rear entrances of which I own one, and the Churches entrance to First Avenue, which I also own. The Wedding Station was$2000 in arrears($1,100 rent& $900 deposit)and throughout the term of the lease I consistently had collection problems. I went through the proper legal process of Unlawful Detainer to remove The Wedding Station from their rights to my entrances, hallways and main portion of the church building. The Wedding Station was represented by the Flood's attorney, John Roach. I represented myself After a four hour trial the judge ruled in my favor that their lack of payment was grounds to remove their rights to occupy any portion of my premises. In researching for the case I also found that the Wedding Station had lied to me about their tenancy at Priordale Mall. They told me they were 2 months behind in rent -it turns out they were actually in arrears approximately $69,000!!!. My sublease to The Wedding Station was legal_ Nowhere in my lease with the Flood's does it say I cannot sublease. Furthermore, it does say the term of cancellation is"Sale of Property to Craig Ballard." I would not have spent $$$$to improve the building if the Flood's had not agreed to a future sale. Please see exhibits B(court ruling),C(Craig Ballard lease with Flood Bros.) ,D(Craig Ballard lease with Wedding Station.) Mr. Flood States: "...in reading Mr. Ballard's letter, I can only find one point that I agree with and that is his statement that the building has not had a driveway entrance on First Avenue in 20 years..." My Reply: Once again Mr. Flood deceivingly tries to sway your mind by adding in a word"driveway" that's not there. The quote from exhibit"B"bullet 4 reads: " The building has not had an entrance on First Avenue for 20 years." The word"Entrance" and"Driveway" are very different. Mr. Flood knows that and so did the City Council in 1977. Once again, thank you for your time on this matter. Sincerely, • /0,74( 1,7,5 d'opr ***Craig Ballard is a licensed real estate agent acting on his own behalf*** COMMERCIAL LEASE Craig Ballard 705 1st Avenue, Shakopee MN 55379 This lease is made between • of herein called Lessor,and Muriel Krusemark ,, ///t ex d,/Y11 of Wedding Station ,herein called Lessee. Lessee hereby offers to lease from Lessor the premises situated in the City of Shakopee County of Scott ,State of Minnesota ,described as 705 First Avenue ,upon the following TERMS and CONDITIONS: 1. Herm and Rent. Lessor demises the above premises for a term of 2 Years years,commencing February 1 , 19 9 , and terminating on January 31 . 000or sooner as pro- vided herein at the annual rental of One Thousand One Hundred&00/100 Dollars($ 1,100 ),payable in equal installments in advance on the first day of each month for that month's rental,during the term of this lease. All rental payments shall be made to Lessor,at the address specified above. The Wedding Station-retail sales of gowns, 2. Use. Lessee shall use and occupy the premises for tux ntals,&wedding related a .The premises shall be used for no other purpose. Lessor represents that the premises may laWfuily belsed tor such purpose. 3. Care and Maintenance of Premises. Lessee acknowledges that the premises are in good order and repair,unless otherwise indicated herein. Lessee shall maintain the premises in good and safe condition,. Lessee will be responsible for all repairs caused by misuse&shall make repairs in resonable time(30 Days). 4. Alterations. Lessee shall not, without first obtaining the written consent of Lessor,make any alterations,addi- tions,or improvements,in,to or about the premises. 5. Ordinances and Statutes. Lessee shall comply with all statutes,ordinances and requirements of all municipal, • state and federal authorities now in force,or which may hereafter be in force,pertaining to the premises,occasioned by or affecting the use thereof by Lessee. 6. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor,which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and,at the option of the Lessor,may terminate this lease. rill , • . . ' ! connections for necessary utility servi $• • • .. . .• . n • made in the name of Lessee onl ,and z.'.-• -. • •,...r 11i1 k ch, :es as they become due,including those , , e ec• city,and telephone services. 8. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable times and upon reasonable notice,for the purpose of inspecting the same,and will permit Lessor at any time within sixty(60)days prior to the expiration of this lease,to place upon the premises any usual "'Ib Let"or"For Lease" signs,and permit persons desiring to lease the same to inspect the premises thereafter. 9. Possession. If Lessor is unable to deliver possession of the premises at the commencement hereof,Lessor shall not be liable for any damage caused thereby,nor shall this lease be void or voidable,but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate this lease if possession is not delivered within lday of the commencement of the term hereof. 10.Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee,or any other person. or to any property,occurring on the demised premises or any part thereof,and Lessee agrees to hold Lessor harmless from any claims for damages,no matter how caused. 11. Insurance. Lessee, at his expense, shall maintain•oknee-ries and public liability insurance including bodily c( / fl 12.Eminent Domain. If the premises or any part thereof or any estate therein,or any other part of the building mate- rially affecting Lessee's use of the premises,shall be taken by eminent domain,this lease shall terminate on the date when title vests pursuant to such taking. The rent,and any additional rent,shall be apportioned as of the termination date,and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof,but Lessee may file a claim for any taking of fix- tures and improvements owned by Lessee,and for moving expenses. 13.Destruction of Premises. In the event of a partial destruction of the premises during the term hereof,from any cause,Lessor shall forthwith repair the same,provided that such repairs can be made within sixty(60)days under exist- ing governmental laws and regulations,but such partial destruction shall not terminate this lease,except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made,based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made with- in said sixty(60)days,Lessor,at his option,may make the same within a reasonable time,this lease continuing in effect with the rent proportionately abated as aforesaid,and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease may be terminated at the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease 14.Lessor's Remedies on Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default and if Lessee does not cure any such default within 5 days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period, if Lessee does not commence such curing within such 2 days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than 18 days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the premises to Lessor,but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminat- ed by Lessor,Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects.No failure to enforce any term shall be deemed a waiver. 15.Security Deposit.Me' shall deposit with Craig on the signing of this lease the sum of One Thousand Five Hundred&00/100 Dollars($ 1,500. ) as security for the performance of Muriel's obligations under this lease,including without limitation the surrender of possessign of the premises toCraig as herein provided., If Lessor applies any part cri the deposit to cure any default C ofMane11, Murielshall on demand deposit with Craig the amount so applied so that rarg shall have the full deposit on hand at all times during the term of this lease. 16.Tax Increase. In the event there is any increase during any year of the term of this lease in the City,County or State real estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this lease commences, whether because of increased rate or valuation,Lessee shall pay to Lessor upon presentation of paid tax bills an amount equal to 33 %of the increase in taxes upon the land and building in which the leased premises are situated. In the event that such taxes are assessed for a tax year extending beyond the term of the lease, the obligation of Lessee shall be proportionate to the portion of the lease term included in such year. 17.Common Area Expenses. In the event the demised premises are situated in a shopping center or in a commer- cial building in which there are common areas,Lessee agrees to pay his pro-rata share of maintenance,taxes, tsd- iemenw for the common area. ie.toilet paper&bathroom cleaning 18.Attorney's Fees. In case suit should be brought for recovery of the premises,or for any sum due hereunder,or „t, .. 11because of any act which may arise out of the possession of the premises,by either party,the prevailing party shall 1'_)TO be entitled to all costs incurred in connection,with such action,including a reasonable attorney's fee. Parties agree to split fees 19.Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver.&use arbitration prior to lawsuit. 20.Notices. Any notice which either party may or is required to give,shall be given by mailing the same,postage pre- paid, ro-paid,to Lessee at the premises,or Lessor at the address specified above,or at such other places as may be designated by the parties from time to time. 21.Heirs,Assigns,Successors. This lease is binding upon and inures to the benefit of the heirs,assigns and suc- cessors in interest to the parties. 22.Option to Renew. Provided that Lessee is not in default in the performance of this lease,Lessee shall have the option to renew the lease for an additional term of 12 months commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of$ Market Value or Less .The option shall be exercised by written notice given to Lessor not less than 60 days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire. 23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. '24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas”is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been X .14(. / / /9- ., />7./2 Ah5-- Z9_„+ A , r . -) Vu e l��jv` gr;(4)ti E:1 f[rz le a a a . .t \ '-i--.a .. . ..-, J it .a) . -,-.3 _,. ,..... (a) X t., s, T _ A... ea- u., r7---Ii- �' -, -'-' .., .--, V --.Q ,„,..\ \, Ili .,_... , ,_ ,,,,. 1 :, *1 , N Cr) (F---1 _LAI__ -J-- gi. � r \,{) \,,t)' la, , i NI ***Craig Ballard is a licensed real estate agent acting on his own behalf.*** ADDENDUM TO LEASE 1. Lessee(Muriel) will occupy the east half of the church building(excluding north alter area) to begin the lease, and will utilize the loft area for dressing room, fitting/sewing and consulting needs; primarily but not limited to posted business hours. 2. Lessor(Craig) will occupy the west half of the church(including the entire alter area) and will have access to the south loft area during non-business hours. 3. Bathrooms, front entryway and rear entryway are shared areas. It would be nice if both parties share in the maintaining of these areas. 4. Upon approval of plans and issuing of permits by the City of Shakopee&the State of Minnesota, with final construction complete in annex area. Lessee will move to the annex portion of the building as diagrammed on page 4. Should construction not take place, lessee will occupy the space as stated in#1. 5. Lessor will be responsible for all electrical, gas, sewer& water, garbage bills and snow removal. If walkways get dusted with snow '/z"inch or less it would be appreciated that the person with the first available chance sweep the front& rear entryways. 6. Lessee will be responsible for their own monthly telephone service, long distance, and necessary hook-up charges. 7. Exterior signs for business must follow City of Shakopee sign ordinance and must be approved. Additionally, exterior signs must be approved by Lessor. At this time Lessor believes illuminated black signs with white lettering are preferred. 8. Both on-street& off-street parking is available. Maintenance of parking areas and grassy areas are the responsibility of Lessor. Lessor may utilize grassy areas& parking areas for the creation of gardens; for the creation of exterior retail space; or for other uses involving commerce or security. x � 1 —/s—P8' Lessee Muriel Krusemark Date Lessor Craig Bal Date u% a FA ), 0 co A 'SIC— 00 ) ( N J. Retail Are Future Hair Sin cs m 0 n; SALON j Hair Dryers 1 \ T r 0 0 ot7 - Retail 0 0 n -4 C v to I — d. W —, o o WEDDING Hair Dryer _ 1 , STATION '40,1 • V t IWalkway ...-- Into Church :1111 Building --).-. 4.0' 14— 18.0' )1 A < 13.0' ) Women's Restroom 14.1 I Kitchen [ HVAC I Men's Restroom Side Door To north Parking Lot Vinyl Floor Covering Area F------N L 44.0' A STATION [ 10.0' __.,,.. 23.5' Carpeted Area Car Sales L 10.9' Office 1 Front Door 34.0' > Page 4 Igi ( - #1 /7/41_ P LETS TAX REPORT - . ' - - '' Y TYPE: COMMERCIAL + Property Information ADDRESS 705 1ST AVE E ZIP CODE: 55379-1507 PROP CITY : SHAKOPEE CITY/TWN : SHAKOPEE LEGAL DESC: L-1&2,B- 8 PLAT-27004 EAST SHAKOPEE ACRES : Owner Information OWNER NAME: FLOOD BROTHERS INC JT OWNER : TAXPAYER : FLOOD BROTHERS INC ADDRESS : 7804 HIGHWAY 101 : SHAKOPEE MN : 55379-9728 + MARKET VALUES TAXES - EFFECTIVE '96 SUBRECORD VALUES LAND: 72,400 BASE TAX 6,962.00 HOMESTEAD: NO BLDG: 43,200 TAX w/ASSMT : 8,707.55 GREEN ACRES LAND: TOTAL: 115, 600 SALES RECENT YEAR : 93 PREVIOUS YEAR : RECENT MONTH: 6 PREVIOUS MONTH: RECENT PRICE: 150,000 PREVIOUS PRICE: RECENT CODE : WD PREVIOUS CODE : INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED. • til. ,-MNo-CRD UCF-18.3 (11.88) 167 - Endings. Conclusions&Judgment in Unlawful Detainer M.S. 566.09 • State of Minnesota in District court COUNTY ' FI ED JUOIC.AI.DISTRICT CASE NO. �� 737.1zzilfz_D Zr171989 }� COUNTY COURTS •FINDINGS OF FACT Plaintiff CONCLUSIONS OF LAW, "S ORDER AND JUDGMENT IN fl/i egica kiwis&m iP.(C.._- UNLAWFUL DETAINER dbt)-- Ili t 10Pddhi . 5'/-&/- v1 Defendant • This case was heard by the Court on /' 19 99 Plaintiff: Defendant ❑ did not appear and case is dismissed. ❑ did not appear and is in default Stappeared,not represented by counsel. 0 appeared,not represented by Cunsel. Q appeared with as counsel. K appeared with 7ie4.J as counsel. E COURT FINDS THAT: "i A. / T'rI /meq!/gee amount of 0 1. The defendant has failed and refuses to pay rent forthe month s)of ,VW Uei�-�l � �-4� / s t 00. Da per month payable on the DQ ©^ day of each month for a total due of fil ' S V 1LIC-2. The d fendant has fat ed to vacate the property after notice to do so. Q 3. The defendant has broken the terms of the rental agreement,and the defendant has failed to vacate the property after notice to do so. 0 4. The plaintiff has failed to prove the allegations in themplaint ❑ 5. /0 �c Q�, 1 I CONCLUS ONS OF LA _ 1. Plaintiff is entified to restitution of the premises as described in the Complaint 70r-/'S°�f4V 6 7 G 2 Plaintiff is not entitled to restitution of the premises and the defendant is entitled to judgment knT // �0 g o779t; ❑ 3. The Plaintiff/Defendant is entitled to costs and disbursements incurred in this proceeding,in the sum of CST . LET JUDGMENT BE ENTERED ACCORDINGLY. It is further ordered that the Writ of Restitution: ❑ is stayed until 19 yL maybe issu immediately. Dated: fi /✓7""t 1,6 , 19 9 i • Judge j,W,f It r c ifl /Yja ck (1 rt JUDGMENT The above Conclusions of Law hereby constitute the Judgment of the Court. i di Dated: 19 / ��1^� Or i55 Court Administrator (y by dt6 'x) Deputy 9-1.1 Page 1 of 1 Approved Conference of Chief Judges: Revised. • MACA 8188 LEASE AGREEMENT C FLOOD BROTHERS INC. & CRAIG BALLARD 2----1 February 1, 1998 Lease Period / .. Space Leased ,,,�%�rA / iMonthly Rent ; ' .. /- an..//'j` Terms of Cancellation. 4.1,... 4.,...- t 1'// 0.; Other Terms: / / / // Je: .• ood Brother's Inca ''"`"' Gary oodlFlood Brother's Inc. • ....‘.,K.,a'r." 741,-I--., ..._ 1Walkway Into Church !i j Building --i.- 4.0' • . i c 78.0' • '}' v{}:Y:: Women's Restroo11,111,4,4010: 11 atetataiPeir HVAC •:>:>:>;::.;ii ;::r : «• Men's Restroom • •::•,::::::::::•:•:•:•:•:•0:•:•:•:•:•,,,,,,,,..:•• ::i.ig::>:?a}:<:::>:::}:::::}•}•}:;•}}}:::.:?.}}:: .. .:. asi ::....,,<?:}.,>, }i, :1 Side Door InaggiainiaigginliiiiiniinigginigageNSOW: orth Parking Lot: : ilanaggapp • �::i ;: j. •• • 4.:...0?... v:. };{: "}-ri5:}ti:ititi+ ' :•:- :}%: :'ti:}}:;:}�.rr:4•:v::Y .•vn}}: :''.�::{:..:..;}v{{:•... i: }.-...•.•.}.} :}:,wfni-,•:,:41,--:}•• i0i •:••:<h:}j.vvm: 'i,}E %y• : iig }1v.ry{{{ £ ••fi{ ea„ Parking Fz:';:Yy }ii.m•}}:jt:i:Lvx. { .f: •:?:{xi< '::}:{:::{ia:%i .r '':� \\r:440 :::O:, }} i ::}. : EM i t{}i.::.}n:n}'.}::::n J i.vti:t;C•{}%r.::{:4 r}xZ:.j; ?/� l{i}fit:}$}:::>.::.}+j},v':i} :i:.{.}:.}.{4:}:%:{}::ti:}f•:v,•••{}{.i i} �// 'i:•:R' .,..4:.... /fry/ , i 7f:ttir:: ::$ :�r.}v: y},� O.k.:.:.•.�•rr..v.f.:r i.}f%?titi i?R:}::i:•'?}::i::i:;v.:;v:,iy:::{:ilii•}::}•}:f}}}:::::•:::{::r::}.�:i}'.v ?:'f.T.;..:. �:.23.5 •fr:}:;:::'}i}: :n:i{.}:::::i:i: :•}k}:::{::.vim:. :{�!!'[�':: i... .. s ,g/7 61/9,2 6 , Car r Office 10.9• Parking Area V V t Front Door C 34.0' CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Department 56 Distribution Center-Environmental Assessment Worksheet(EAW) MEETING DATE: April 6, 1999 Introduction: The City Council is asked to make a negative declaration on the need for an environmental impact study(EIS)for the proposed project. Attached for the Council's consideration is Resolution No. 5104, setting forth findings of fact and making such a declaration. Also attached are copies of the comments received and the draft response to those comments. Discussion: Notice of the EAW for the Department 56 project was published in the EQB Monitor, as well as published in the City's official newspaper. The review and comment period thus officially closed on February 24, 1999. Copies of the comment letters that were received, as well as the responses from the City have been attached as Exhibit A. The Minnesota Environmental Quality Board(EQB)guidelines for EAWs state that an EIS shall be ordered for a project that has the potential for significant environmental effects. In deciding whether a project has the potential for significant effects, the RGU compares the effects that are reasonably expected from the project with the following criteria: A. Type, extent and reversibility of environmental effects. B. Cumulative potential effects of related or anticipated future projects. C. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority. D. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the public proposer or of EIS's previously prepared. The RGU must apply the criteria to the factual information contained in the EAW, the comments received on the EAW and the responses to the comments. After reviewing the four criteria, staff proposes the findings contained in the attached resolution. DEPARTMENT56EAW.doc/RML 1 Alternatives: 1. Offer and approve Resolution No. 5104, A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the proposed Department 56 distribution center project. 2. Offer and approve Resolution No. 5104, A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the proposed Department 56 distribution center project with revisions. 3. Make a positive declaration on the need for an EIS, and direct staff to prepare the appropriate resolution. 4. Table the decision on the need for an EIS. Recommendation: Staff recommends Alternative No. 1. Action Requested: Offer and approve Resolution No. 5104, A Resolution Making a Negative Declaration on the Need for an Environmental Impact Statement for the proposed Department 56 distribution center project. R. Michael Leek Community Development Director DEPARTMENT56EAW.doc/RML 2 Exhibit A: Review Letters and Draft Responses DEPARTMENT56EAW.doc/RML 8 dilb Minnesota Pollution Control Agency March 3, 1999 a Mr. R. Michael Leek, Community Development Director City of Shakopee 4 15,9 129 Holmes Street South Shakopee, Minnesota 55379-1376 RE: Department 56 Distribution Center Dear Mr. Leek: The Minnesota Pollution Control Agency(MPCA) staff has completed its review for the above named project in the city of Shakopee. The proposed project is a Department 56 Distribution Center. It will consist of up to 475,800 square feet of warehouse and 6,900 square feet of office space in a 75-acre area. Related to those areas for which the MPCA has jurisdiction, the staff does not believe that the project has the potential for significant environmental impacts and therefore, does not recommend the preparation of an Environmental Impact Statement. As stated in the Environmental Assessment Worksheet(EAW), an Indirect Source Permit(ISP) is not required for the project since the proposed parking spaces have not exceeded the required ISP parking threshold. The EAW document has fully addressed both traffic and air quality impacts anticipated for the proposed project. Considering the traffic impact study provided in the EAW, the proposed project would not have significant negative impact on the regional traffic operations. Therefore, the resulting air quality impact would be negligible. The project will have only 226 parking spaces. Thank you for the opportunity to review this Environmental Assessment Worksheet. If you have any questions or concerns regarding this review,please contact me at 651/296-7432. Sincerely, Kevin J. Kain Planner Principal Operations and Planning Section Metro District KJK/gs cc: Innocent Eyoh,MPCA, Policy and Planning Division, Community and Area Wide Program 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612)296-6300(Voice); (612)282-5332(TTY) Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall•Rochester Equal Opportunity Employer•Printed on recycled paper containing at least 20%fibers from paper recycled by consumers. Metropolitan Council Working for the Region, Planning for the Future rtti261999 February 23, 1999 Mr. R. Michael Leek City of Shakopee Community Development Director 129 Holmes Street South Shakopee,MN 55379-1376 Re: EAW Review-City of Shakopee/Department 56 Distribution Center Metropolitan Council District 5 Referral File No. 16978-1 . Dear Mr. Leek: Metropolitan Council staff have reviewed this environmental assessment worksheet(EAW)to determine its adequacy and accuracy in addressing regional concerns. The proposed project includes a 476,800 square foot Distribution Center and a 6,900 square foot office space supported by 190 parking stalls and 36 loading docks located on 75 acres. The project design includes 7 acres of stormwater ponding and 3 acres of pine plantation preservation. The staff review concludes that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes. If you have any questions or need further information,please contact Linda O'Connor,principal reviewer, at 602-1098. Sincerely, 2.0._,6_,,, a 6-27,-) Helen A. Boyer, Director, Environmental Services Division cc: Neil Peterson, MetropolitNlesuncil District Keith Buttleman, Director nvironmental Planning and Evaluation Department Thomas C. McElveen, Deputy Director,Community Development Division Richard Thompson, Supervisor,Office of Local Assistance Carl Schenk, Sector Representative, Office of Local Assistance Linda Milashius,Referrals Coordinator Linda O'Connor,Office of Local Assistance AREA CODE CHANGES TO 651 IN JULY, 1998 230 East Fifth Street St.Paul,Minnesota 55101-1626 (612)602-1000 Fax 602-1550 TDD/TTY 291-0904 Metro Info Line 602-1888 Art Equal Opportunity Employer ,0.pF MINivee_ -111111‘4,9 Minnesota Department of Natural Resources m w M OJB 500 Lafayette Road Q`�r' St.Paul,Minnesota 55155-40_ v •nilCIEll Vi)) 10 rEB 2 t iy9Q February 23, 1999 R. Michael Leek, Director City of Shakopee Community Development 129 Holmes Street South Shakopee, MN 55379-1376 RE: Department 56 Distribution Center Environmental Assessment Worksheet (EAW) Dear Mr. Leek: The Department of Natural Resources (DNR) has reviewed the EAW for the above-noted project. We offer the following comments for your consideration. The Item 10 table indicates that the project increases the lawn/landscaping cover type fourfold, from a pre-project amount of 12.3 acres to 47.1 acres post-project. We suggest that the proposer consider naturalizing as much of this expected 47.1 acres as possible, thus minimizing the final area of managed turf(sod) associated with the project. Of particular value is to design the site to include areas of native vegetation left in an unmowed state; this not only provides water quality benefits but also provides some limited wildlife habitat. Regarding the discussion offered in Item 17, Erosion and Sedimentation, we recommend that the erosion control plans be forwarded to the Scott County Soil and Water Conservation District (SWCD) for review and comment as well as to the Lower Minnesota River Watershed District as proposed. Regarding storm water runoff issues discussed in Item 18, reducing the amount of lawn/landscaping as we recommend will reduce the amount, and improve the quality, of runoff generated from turf and ornamental landscaping present at the site once the project is complete. Thank you for the opportunity to review this project. We do not recommend preparation of an environmental impact statement (EIS) for the project. We look forward to receiving your record of decision and responses to comments. Minnesota Rules part 4410.1700, subparts 4 & 5, require you to send us your Record of Decision within five days of deciding this action. Please contact Bill Johnson DNR Information:612-296-6157, 1-800-76616000 • TTY:612-296-5484, 1-800-657-3929 An Equal Opportunity Employer s" Printed on Recycled Paper Containing a` Who Values Diversity it Minimum of 10%Post-Consumer Waste Michael Leek,Director February 23, 1999 • of my staff at(651) 296-9229 if you have questions regarding this letter. Sincerely, c[5:a_ex*-7 �7 Thomas W. Balcom, Supervisor Environmental Review and Assistance Unit Office of Management and Budget Services c: Kathleen Wallace Con Christianson Bret Anderson Charles Kjos, USFWS Jon Larsen, EQB Craig Petterson, Opus Northwest. L.L.C. li #990266-01/DEPT56SH.WP7 2 Scott Soil and Water 107 Water Street Conservation District Jordan, MN 55352 rEB261999 February 25, 1999 Mr. R. Michael Leek 129 South Holmes St. South Shakopee, MN 55379-1376 Subject: Review EAW for Department 56 Distribution Center Location: Section 4, Eagle Creek Township, Scott County, Minnesota Dear Mr. Leek, The Scott Soil and Water Conservation District has been requested to review the EAW for the project listed above. Following are some comments or recommendations regarding the EAW: o The City of Shakopee should review the development's resource management plan to ensure the development is in compliance with the City of Shakopee's Comprehensive Stormwater Management Plan. o The Lower Minnesota River Watershed District should complete the review of the erosion and sedimentation control plan prior to submittal to the MPCA for the NPDES General Permit for Construction Activities to ensure the development is in compliance with the City of Shakopee's Comprehensive Stormwater Management Plan. If you have any questions regarding this information or need further information please feel free to give me a call at 492-2636. Sincerely, Tim Ramerth, Engineering Technician Scott Soil and Water Conservation District cc: File Feb .25. 1999 12:39PM SCOTT SWCD No. 3110 P . 1 Scott Soil and Water • 107 Water Street Conservation District Jordan, MN 55352 IRECENIfEb February 25, 1999 r`d 2 5 1999 Mr. R. Michael Leek 129 South Holmes St. South • Shakopee,MN 55379-1376 Subject: Review EAW for Department 56 Distribution Center Location: Section 4, Eagle Creek Township, Scott County, Minnesota Dear Mr. Leek, The Scott Soil and Water Conservation District has been requested to review the EAW for the project listed above. Following are some comments or recommendations regarding the EAW: o The City of Shakopee should review the development's resource management plan to ensure the development is in compliance with the City of Shakopee's Comprehensive Stormwater Management Plan. o The Lower Minnesota River Watershed District should complete the review of the erosion and sedimentation control plan prior to submittal to the MPCA for the NPDES General Permit for Construction Activities to ensure the development is in compliance with the City of Shakopee's Comprehensive Stormwater Management Plan. If you have any questions regarding this information or need further information please feel free to give me a call at 492-2636. Sincerely, Tim Ramerth, Engineering Technician Scott Soil and Water Conservation District cc: File OPTIONAL FORM 00(T-00) FAX TRANSMITTAL I of Pages 1 TO A r From D.OL/Agancy Phone N Fox# fax 4S- 67l$ 47 2-.3t435- NSN 7540-01-917-7009 5090-101 GENERAL SERVICES ADMINISTRATION Feb 24 '99 10:08 P.01/02 4oM eso e IN � Minnesota Department of Natural Resources liiE lEll1V D ' 1 as 500 Lafayette Road �o �Q� St.Paul,Minnesota 55155-40_ rca 4 1999 °FNATuck 10 February 23, 1999 Post-it*Fax Note / 7671 Date�l 2 t� �paee�► 2 70_//x.�Q_,Q GLtII R. Michael Leek, Director CoJt)epts�,�t, • cO''?a✓K 6`,/v• gEi/- Ci of Shakopee Community Development / l ,�? Phone# 2Q` 129 Holmes Street South 1�-�`��=36,:"C # Shakopee, MN 55379-1376 Fax o /'2- "-/, lF Fax L l— 6_600v,, 40v,, RE: Department 56 Distribution Center Environmental Assessment Worksheet (EAW) Dear Mr. Leek: The Department of Natural Resources (DNR)has reviewed the EAW for the above-noted project. We offer the following comments for your consideration. The Item 10 table indicates that the project increases the lawn/landscaping cover type fourfold, from a pre-project amount of 12.3 acres to 47,1 acres post-project. We suggest that the proposer consider naturalizing as much of this expected 47.1 acres as possible, thus minimizing the final area of managed turf(sod) associated with the project. Of particular value is todesign the site to include areas of native • vegetation left in an unmowed state; this not only provides water quality benefits but also provides some limited wildlife habitat. Regarding the discussion offered in Item 17, Erosion and Sedimentation, we recommend that the erosion control plans be forwarded to the Scott County Soil and Water Conservation District (SWCD) for review and comment as well as to the Lower Minnesota River Watershed District as proposed. Regarding storm water runoff issues discussed in Item 18, reducing the amount of lawn/landscaping as we recommend will reduce the amount, and improve the quality, of runoff generated from turf and ornamental landscaping present at the site once the project is complete. Thank you for the opportunity to review this project. We do not recommend preparation of an environmental impact statement (EIS) for the project. We look forward to receiving your record of decision and responses to comments. Minnesota Rules part 4410.1700, subparts 4 &5, require you to send us your Record of Decision within five days of deciding this action. Please contact Bill Johnson DNR Infurrnation:612-296-6157, 1-800-76616000 • TTY:612-296-548d, 1-R00-657-3929 An equal Uppurtunity Employer A Printed on Recycled Paper Containing a Who Values Divcr�ity CJ Minimum of 10%Pn,i Cunaumer Wastt Feb 24 '99 10:08 P.02/02 Michael Leek,Director • February 23, 1999 of my staff at (651) 296-9229 if you have questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Environmental Review and Assistance Unit Office of Management and Budget Services c: Kathleen Wallace Con Christianson Bret Anderson Charles Kjos, USFWS ion Larsen, EQB Craig Petterson, Opus Northwest. L.L.C. #990266-0]/DEPT56SH.WP7 2 40 ss Minnesota Department of Transportation I Metropolitan Division °'"" Waters Edge �1tU+��G�� 1500 West County Road B2 _f1 aD Roseville, MN 55113 r CC) G 2 1999 February 17, 1999 Michael Leek City of Shakopee 129 Holmes Street South Shakopee,MN 55379 Dear Michael Leek: SUBJECT: Department 56 Distribution Center EAW The Metro Division of the Minnesota Department of Transportation(Mn/DOT)has reviewed the above EAW for impacts to the state highway system. We find the EAW acceptable. This letter represents the transportation concerns of Mn/DOT Metro Division. Other environmental concerns raised by a wider Mn/DOT review may be forwarded to you in a separate letter. Please contact me at 651-582-1654 with any questions regarding this review. Sincerely, ao•CL Scott Peters Senior Transportation Planner/Local Government Liaison c: Gerald Larson,Mn/DOT Environmental Services An equal opportunity employer CITY OF SHAKOPEE Memorandum To: Shakopee City Council Shakopee Planning Department Helen Boyer, Metropolitan Council Thomas W. Balcom, Minnesota Department of Natural Resources Scott Peters,Minnesota Department of Transportation Kevin J. Kain, Minnesota Pollution Control Agency Tim Ramerth, Scott Soil and Water Conservation Districts From: Michael Leek, City of Shakopee Date: March 29, 1999 Re: Responses to comments received as part of the EAW process for the proposed Department 56 Distribution Center in Shakopee Enclosed, please find responses to comments received as part of the EAW process for the proposed Department 56 Distribution Center in Shakopee. Minnesota Department of Transportation, Mr. Scott Peters,February 17, 1999 The Mn/DOT stated that they find the EAW acceptable. Response: The comment is noted for the record. Minnesota Department of Natural Resources, Mr. Thomas W. Balcom, February 23, 1999 Item 10 The DNR recommends the use of native vegetation and the reduction of the size of mowing areas in order to provide some wildlife habitat and water quality benefits. Response: The City appreciates this comment, and will take it into account when reviewing the final landscaping plan for the site. Item 17 DNR commented that erosion control plans be forwarded to the Scott Soil and Water Conservation District and the Lower Minnesota Watershed District for review. Response: Site plans, including erosion control plans, will be submitted for review by all applicable agencies and persons. 1 Item 18 The DNR states that using native vegetation in lawn and landscaping areas will reduce the amount of, and improve the quality of runoff from these areas of the site after development. Response: The comment is noted for the record. Comment The DNR does not recommend preparation of an environmental impact statement(EIS)for the project. Response: The comment is noted for the record. Metropolitan Council, Ms. Helen A. Boyer, February 23, 1999 Comment Metropolitan Council staff"concluded that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies." The Council staff further concluded that an EIS is not needed for the project. Response: The comment is noted for the record. Scott County Soil and Water Conservation District, Mr. Tim Ramerth, February 25, 1999 Item 17 The Scott County SWCD recommended that the Lower Minnesota River Watershed District review the erosion and sedimentation control plan. Response: Site plans, including erosion control plans, will be submitted for review by all applicable agencies and persons. Item 18 The Scott County SWCD recommended that the City of Shakopee review the resource management plan for the project to insure compliance with the City's Stormwater Management Plan. Response: Site plans, including erosion control plans, will be submitted for review by all applicable agencies and persons. 2 RESOLUTION NO. 5104 A RESOLUTION MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED DEPARTMENT 56 DISTRIBUTION CENTER PROJECT WHEREAS,the proposed Department 56 distribution center project required the preparation of an Environmental Assessment Worksheet(EAW); and WHEREAS,the City of Shakopee is the Responsible Governmental Unit(RGU) for preparation of the EAW; and WHEREAS,the City of Shakopee has prepared an EAW for the proposed project which was published, distributed and commented on in accordance with Minnesota Statutes, Chapter 116D and 4410 of the Minnesota Rules; and WHEREAS,the City of Shakopee has reviewed all comments received regarding the EAW; and WHEREAS,the City Council has made the following findings relative to the proposed project; FINDINGS OF FACT L PROJECT DESCRIPTION A. Project The proposed Department 56 Distribution Center will consist of 326,800 square feet of warehouse and 6,900 square feet of office space. The project includes 125 passenger vehicle parking stalls and 76 semi truck stalls or loading docks. B. Project Site The 75 acre site is located in the Southwest Quarter of Section 4, Township 115 North, Range 22 West. The site is located North of Canterbury Park, south of 4th Avenue, east of an access road to Canterbury Park and west of Canterbury Road (CSAH 83) in Shakopee. The site currently contains a farmstead with a two-story house, outbuildings, airplane runway and taxi area, several rye grass fields, pine plantations, and some small deciduous woodlots. There are no wetlands on the site. H. PROJECT HISTORY DEPARTMENT56EAW.doc/RML 3 A. The project was subject to the mandatory preparation of an EAW under Minnesota R. 4410.4300, subp. 14(B). B. An EAW was prepared on the proposed project and distributed to the Environmental Quality Board(EQB)mailing list and other interested parties on May 4, 1998. C. A press release containing the notice of availability of the EAW for public review was provided to media serving the project area and was published. D. The EAW was noticed in the January 25, 1999 EQB Monitor. The public comment period ended on February 24, 1999. Comment letters were received from the Minnesota Pollution Control Agency, Metropolitan Council, Minnesota Departments of Transportation and Department of Natural Resources(DNR), and Scott Soil and Water Conservation District. Copies of the letters are hereby incorporated by reference. Responses to the comments are also incorporated by reference. III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS Minnesota R.4410.1700, subp. 1 states that "an EIS shall be ordered for projects that have the potential for significant environmental effects." In deciding whether a project has the potential for significant environmental effects,the City of Shakopee must consider the four factors set out in Minnesota R.4410.1700, subp. 7. With respect to each of these factors,the City finds as follows: A. TYPE, EXTENT,AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS The first factor that the City of Shakopee must consider is "type, extent and reversibility of environmental effects," Minnesota R.4410.1700, subp. with respect to each of these issues 7.A. The City of Shakopee findingsp are set forth below. 1. The type of environmental impacts anticipated as part of this project include: a. Increased storm water runoff volume and runoff pollutants b. Increased water use c. Increased wastewater discharge d. Increased noise due to traffic within the area. These impacts will be mitigated through the permitting and plan approval processes. DEPARTMENT56EAW.docIRML 4 2. The extent and reversibility of environmental impacts are consistent with those of commercial development. B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS The second factor that the City of Shakopee must consider is the cumulative potential effects of related or anticipated future projects, "Minnesota R.4410.1700. subp. 7.B. The City's findings with respect to this factor are set forth below. 1. The construction of the Department 56 facility is anticipated to be completed in one phase. The site would allow options for expansion, but the project proposer has not developed any expansion plans at this time. C. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY The following permits or approvals will be required for the project: Unit of Government Permit or A .royal Re I uired City of Shakopee Preliminary and Final Plat City of Shakopee Grading Permit City of Shakopee Building Permit City of Shakopee Municipal Water Connection Permit City of Shakopee Sanitary Sewer Connection Permit Lower MN River Watershed District Grading and Stormwater Management Minnesota Department of Natural Water Appropriation(De-watering)Permit Resources Metropolitan Council Sanitary Sewer Connection Permit Minnesota Pollution Control Agency NPDES/General Stormwater Permit Minnesota Pollution Control Agency Sanitary Sewer Extension Minnesota Department of Health Water Main Extension Storm water management must conform to the NPDES permit requirements and to the regulations and policies of the City of Shakopee, as well as the Wetland Conservation Act of 1991 through the City of Shakopee. The City of Shakopee finds that the potential environmental affects of the project are subject to mitigation by ongoing regulatory authorities such that an EIS not be prepared. DEPARTMENTS6EAW.doc/RML 5 D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PROJECT PROPOSER, OR OF EIS's PREVIOUSLY PREPARED ON SIMILAR PROJECTS. The fourth factor that the City of Shakopee must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EIS's previously prepared on similar projects," Minnesota R.4700.1700, subp. 7.D. The City's findings with respect to this factor are set forth below: The environmental impacts of the proposed project have been addressed in the following plans prepared by the City: 1. City of Shakopee Comprehensive Storm Water Management Plan 2. City of Shakopee Transportation Plan(draft form) 3. City of Shakopee Comprehensive Sanitary and Sewer Plan 4. Shakopee Public Utilities Commission Comprehensive Water Plan 5. City of Shakopee Comprehensive Plan The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes undertaken by the City on similar projects. CONCLUSIONS 1. The EAW, the permit development process, and comments received on the EAW have generated information adequate to determine whether the proposed facility has the potential for significant environmental effects. 2. Areas where the potential for significant environmental effects may have existed have been identified and appropriate mitigative measures have been incorporated into the project design and permits. The proposed facility is expected to comply with all the City of Shakopee standards and review agency standards. 3. Based on the criteria established in Minnesota R.4410.1700,the project does not have the potential for significant environmental effects. 4. An Environmental Impact Statement is not required. DEPARTMENT56EAW.doc/RML 6 5. Any findings that might properly be termed conclusions and any conclusions that might properly be termed findings are hereby adopted as such by the Shakopee City Council with appropriate signatures below. NOW, THEREFORE,BE IT RESOLVED by the Shakopee City Council that there is no need for an Environmental Impact Statement and a negative declaration is hereby made on the proposed Department 56 Distribution Center. 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 Prepared by: The City of Shakopee 129 S.Holmes St. Shakopee, MN 55379 • DEPARTMENT56EAW.doc/RML 7 CITY OF SHAKOPEE IS, 0. 3.C N S ENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Private Streets, Driveways and Setbacks DATE: April 6, 1999 INTRODUCTION&BACKGROUND The City Council has directed staff to prepare a text amendment which prohibits private streets within the City of Shakopee. At its March 18, 1999, meeting, the Planning Commission reviewed the proposed text amendment and unanimously recommended its approval to the City Council. Please find attached a copy of the March 18, 1999, staff report for your reference. ALTERNATIVES 1. Approve the text amendment as proposed. 2. Approve the text amendment with revisions. 3. Do not approve the text amendment. 4. Table the matter to request additional information from staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has unanimously recommended approval of the text amendment. ACTION REQUESTED Offer Ordinance No. 544 and move its approv . batt tit L lie Klima Tanner II i:\commdev\cc\1999\cc0406\taprstr.doc ORDINANCE NO. 544 FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING CHAPTER 11,ZONING, AND CHAPTER 12 , SUBDIVISION REGULATIONS,REGARDING PRIVATE STREETS THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 -That City Code Chapter 11,Zoning, Sections 11.32 (Medium Density Residential), 11.50 (Planned Unit Development District), and 12.07 (Design Standards) are hereby amended by adding the language which is underlined and deleting the language which is strusktlifeugh: Section 11.32, Subd. 5.0 and Section 11.34, Subd. 5.C: " is no less than 20 feet." Section 11.50, Subd. 4. C: - • .. - • • . . • •- - . • - . . " • - - eurb_line,n Section 12.07, Subd. 4.G: "Location. All lots shall abut their full frontage on a publicly dedicated street . • • •• . . •• , - • • •' - - ' - • . . . - , " 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 Published in the Shakopee Valley News on the day of , 1999. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 53. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Private Streets,Driveways, and Setbacks DATE: March 18, 1999 INTRODUCTION The City Council has directed staff to prepare a text amendment which prohibits private streets within the City of Shakopee. DISCUSSION Staff has reviewed Chapters 11 (Zoning) and 12 (Subdivision Regulations) of the City Code in order to identify areas of the code which address private streets, driveways, and setbacks. Therefore, staff is proposing to the following changes to the City Code. Language which is underlined is proposed for addition, language which is stfuelethceugh is proposed for deletion. Section 11.32, Subd. 5.0 and Section 11.34, Subd. 5.C: " is no lcss than 20 fcct." Section 11.50, Subd. 4. C: ' • • -• ' -- - - • - • - • . thecu 1. in," Section 12.07, Subd. 4.G: "Location. All lots shall abut their full frontage on a publicly dedicated street, . • • • • - • • • • . ' • • - . . - Should the proposed text amendment be approved, as written, private streets would be completely prohibited. However, other questions concerning the definition of driveways (and any associated design standards), roadway width, and right-of-way width will need to be discussed and addressed either with additional text amendments to the Zoning Ordinance or with the revision of the Subdivision Regulations. These issues will require additional review and discussion by the Commission and City Council, and therefore, will be presented during the course of the studies surrounding the residential development moratorium. Please note that should this proposed amendment be adopted, it would not impact any development which has received preliminary plat approval or has a complete application in process at the time of adoption. Section 11.83, Subd. 2 of the City Code states "the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings. Criteria#1: That the original zoning ordinance is in error. Finding#1: The original zoning ordinance is not in error. Criteria#2: That significant changes in community goals and policies have taken place. Finding #2: Changes in community goals and policies addressing private streets, driveways, and setbacks have taken place. Criteria#3: That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3: Significant changes in City-wide or neighborhood development patterns have occurred in that private streets have been allowed to be constructed, which in turn has provided for reduced setbacks and other development issues. Criteria#4: That the comprehensive plan requires a different provision. Finding#4: The proposed amendment is not in conflict with the comprehensive plan. ALTERNATIVES 1. Recommend to the City Council the approval of the text amendment, as presented. 2. Recommend to the City Council the approval of the text amendment with revisions. 3. Do not recommend the proposed amendment to the City Council 4. Table a decision and request additional information from staff. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the proposed text amendment to the City Council (Alternative No. 1). ACTION REQUESTED Offer and approve a motion recommending approval of the proposed text amendment to the City Council. 4ulie111Klima Planner II is\commdev\boas-pc\1999\0318\tastreet.doc LAURENT BUILDERS, INC. 4459727 P. 02 The Laurent Building C.rporate Office 100 South Fuller Street,Suite 400 A U R E N T ( 12)445-6745 Shakopee, MN 55379 4 u t L D E R 5, i N C. Fax: ( 12)445-9727 . April 5, 1999 Mr. Mark McNee1 City Council Members City of Shakopeo 1 RE: April 6, 1999 Council Ag=nda Ito 415, D, 3, Ord. 544 Dear Mr. McNeal and City Co cit Merinbers: We respectfully request that th, above r ferenced item be removed from the cons•nt agenda for consideration of the facts and d scussio as set forth herein. Our company recently submitte the f 1 plat of the last phase la our Stonebrook1e PUD. We also submitted a?UD amendm•nt whit would allow a private street on the projoct's shortest cul-de-sac street.'Using a priva e street ption allows us to sub$tantially retain th natural topography and sive a large pe entage f woods, which includes many maple an• oak trees, some hundreds of years old. 1 e private street option also allows us to more eff-ctively design for integration of and access to a very substantial existing resiflence. We would .trongly urge the council to ret in the option f privati streets, if only to accommodate difficult design challenges such as this one. Do ng so would,in these type of circumstances, alio other universal goals to be achieved, uch as: efficient use of land, protection of slopes preservation of trees and other'natural amcni ies,and lattainment of other design standards. I The council previously put in place a de4elopment moratoriumiand wisely exclud-d those properties already included in p.•climinary plats. This was done, I'm sure, in part o protect the investments of property owners who already had spent large sums of money depe ding on the ' laws of the city then in place. Tlhis, too,'is our situation with Stonebrooke 4th Ad.Won. We • have a huge invctment in this roject and have spent a lot in design of this subdi ision; following the rules of the city. o have he rules change now iS damaging and pu itive. It is common to exclude those proje is in process from ordinance arrrendments. Pleas consider that in this case. I i . UILD RS • DEVELOPERS' E.L.#0001742 f LAURENT BUILDERS. INC. 4459727 P. 03 • •Mr. Mark McNIal Page 2 City Council Mtmbers • As I have a priot commitment : d cannot attend the meeting until it is well in pr►gress,please accept this as sufficient reques to remove said item from the agenda. I will get to the meeting ;s soon as possible so that I can itness ai d,with your permission,partake in the d scussion. • Thank you for ypur consideration. Sincerely, • LAURENT BU],,DERS, ► .. pr • Gary L. Laurent!IN President • • • • • • ' I � I • I . I 1 1 AS: O• V. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Jared Andrews, Planner I SUBJECT: Text amendment regarding freestanding signs DATE: April 6, 1999 INTRODUCTION Due to increased concern by the Planning Commission and recent direction given by City Council regarding large pylon signs in the business zones, staff is proposing a text amendment to address the issue. DISCUSSION Draft Ordinance No. 545 intends to provide a more consistent and less impacted visual setback from the road by making all signs over three feet high have a consistent setback, approximately 25 feet from the curb, no matter how wide the road is paved or how the sign is designed. It also reduces the maximum sign size to 125 square feet versus 150 square feet currently allowed. At its March 18th, 1999, meeting, the Planning Commission reviewed the draft ordinance, and recommended a few modifications. Please find the March 18th, 1999, memorandum attached for reference. The following draft was recommended by the Planning Commission. ALTERNATIVES 1. Approve the text amendment as recommended by the Planning Commission. 2. Approve the text amendment, with revisions. 3. Do not approve the text amendment. 4. Table the matter to request additional information from staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended approval of the text amendment (Alternative No. 1). ACTION REQUESTED Offer Ordinance No. 545, and move its approval _ 44..Z.--,___ f.,fri ed D. Andrews Planner I i:\commdev\cc\1999\cc0406tasignbs.doc ORDINANCE NO. 545,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING CHAPTER 11,ZONING, SECTION 11.70 (SIGNS) THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 -That City Code Chapter 11,Zoning, Section 11.70 (SIGNS)is hereby amended by adding the language which is underlined and deleting the language which is struck-threugh: 11.70. SIGNS Subd. 10 Highway Business, Office Business, and Major Recreation Zone Regulations. B. Free standing and business complex skins. Free standing and business complex signs shall not exceed one square foot per linear foot of street frontage. Free standing and business complex skins shall not exceed 125 square feet maximum (per side for double sided signs). No free standing or business complex sign shall exceed 20 feet in height from grade. All free standing and business complex signs greater than three feet in height shall be setback 25 feet from the back of any street curb or 10 feet from property line which ever is greater. One business complex sign is allowed per street frontage. One free standing sian is allowed per lot for single businesses except that gas stations may be allowed an additional canopy sign not to exceed 100 square feet. All freestanding and business complex signs shall be located at least 75 feet from any residential zoned property. 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 Published in the Shakopee Valley News on the day of , 1999. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee,MN 55379 0 Attachment CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Jared Andrews, Planner I SUBJECT: Text Amendment regarding freestanding signs in business zones. DATE: March 18, 1999 INTRODUCTION Due to increased concern by the Planning Commission and direction given by City Council regarding large pylon signs in the business zones, staff is proposing a text amendment to address the issue. DISCUSSION The goal in drafting this proposed ordinance change was to encourage smaller, and less frequent freestanding signs in the business zones and to also encourage "monument type" free standing signs(signs three feet in height or less). This draft also attempts to provide a more consistent and less impacted visual setback from the road by making all signs which are taller than three feet high to have a consistent setback, approximately 25 feet from the curb, no matter how close the property line is or how the sign is designed. Therefore staff is proposing the following changes to the City Code. Language which is underlined is proposed for addition, language which is stfuek—threugh struck—throughis proposed for deletion. Section 11.70, Subd. 10 (Highway Business, Office Business, and Major Recreation Zone Regulations) B. Free standing and business complex skins. Free standing and business complex signs shall not exceed one square foot per linear foot of street frontage. Signs for single businesses shall not to exceed 100 square feet in area (per side for double sided skins). Business complex skins shall not exceed 125 square feet in area (per side for double sided skins). • I No free standing or business complex sign shall exceed 20 feet in height. All free standing and business complex sians greater than three feet in height shall be setback 25 feet from the back of any street curb or 10 feet from property line which ever is greater. One business complex sign is allowed per street frontage. One free standing sign is allowed per lot for single businesses except that gas stations may be allowed an additional canopy sign not to exceed 100 square feet. Section 11.83, Subd. 2 of the City Code states "the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings. Criteria#1: That the original zoning ordinance is in error. Finding#1: The original zoning ordinance is not in error. Criteria#2: That significant changes in community goals and policies have taken place. Finding #2: Changes in community goals and policies regarding sign issues has taken place. Criteria #3: That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3: Significant changes in City-wide or neighborhood development patterns have not occurred. Criteria#4: That the comprehensive plan requires a different provision. Finding#4: The proposed amendment is not in conflict with the comprehensive plan. ALTERNATIVES 1. Recommend to the City Council the approval of the text amendment, as presented. 2. Recommend to the City Council the approval of the text amendment with revisions. 3. Do not recommend the proposed amendment to the City Council 4. Table a decision and request additional information from staff. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the proposed text amendment to the City Council (Alternative No. 1). ACTION REQUESTED Offer and approve a motion recommending approval of the proposed text amendment to the City Council. ed D. Andrews/rn Planner I is\commdev\boaa-pc\1999\0318\tasigns.doc IS. E • I. CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Assessment Splits DATE: March 18, 1999 Introduction Staff has discussed cost and policy/procedure for splitting assessments to new parcels. Council direction regarding the issue is requested. Background The process of splitting an assessment involves; 1 . Gathering the assessment data on the old parcels 2 . Gathering the property data on the new parcels 3 . Calculating the assessment split 4 . Preparing the resolution and roll 5 . Council action and related City Clerk actions 6 . Entering the assessment data for the new parcels and deleting old parcels 7 . notifying the county of the new assessment master and parcel amounts 8 . Notify the owner 9 . Receipting payment for each new parcel 10 . posting each payment to the computer system 11 . Notifying the county of each pay off The county charges the city for setting up a master record for each split and a per parcel charge to set up and to payoff. The majority of the time, developers ask that assessments be split to new parcels instead of paying off the assessments . The split can range from splitting one parcel into two parcels to as much as splitting multiple parcels into hundreds of new parcels . Sometimes the amounts are very small such as $15 . 00 per parcel or a couple of thousand dollars total . This is spread over the remaining term of the assessment . As a result of the recent increase in the growth rate of the city, there are numerous splits needed. Especially due to the number of C. I .C. developments for townhouse/condo units that involve multiple splits. An example is a town house development where the initial single parcel is split into five parcels and then each of the five parcels is further split into numerous C. I .0 parcels . This is a minimum of six splits and all the above process and costs for each. As far as I am aware, Prior Lake is the only city in the county that has addressed this issue. There, the Finance Director normally requires assessments to be paid off before a new plat is released for filing. Another option for Shakopee to consider is to adopt a fee for splitting assessments. There is staff time and out of pocket costs to do a split . Estimated average cost is about $600 . To implement, changes would probably need to be made to the fee schedule, special assessment policy and the developers agreement . Alternatives 1. Require assessments be paid off . 2 . Do assessment splits and charge a fee ($600?) 3 . Status Quo. 4 . Require payoff and allow staff the discretion to do a split depending on the amount involved and type of property involved and charge a fee. 5 . Bring each case to council for a decision. Recommendation Alternative 4 . Normal requirement would be a payoff but if there is a very large amount or peculiar circumstances, a split could be done with a fee. Action Move to direct staff to bring back the necessary documents to implement requiring special assessment payoffs on property splits/new plats and to charge a fee when staff allows an assessment to be split . Gregg Voxland Finance Director C:\gregg\memo\sasplit 167 E . ,2 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Board of Review DATE: March 29, 1999 INTRODUCTION: City Council is asked to identify two councilmembers to sit on the Board of Review for the City of Shakopee. BACKGROUND: There are currently three residents on the Board of Review for 1999. The Board of Review is a five member board and two additional members are needed. Historically, members on the City Council have been appointed to fill the remaining vacancies on the Board of Review after appointments of residents are made in February of each year. In 1998, Deb Amundson and Jane DuBois were on the Board of Review. ACTION REQUESTED: Motion appointing two City Councilmembers to the 1999 Board of Review. Judit S. Co , Ci Clerk / 30 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Inquiry for Purchase- City Parking Lot DATE: April 1, 1999 INTRODUCTION: The Council is asked to give direction as to whether it is interested in pursuing a letter of inquiry from Southwest Suburban Publishing,regarding the purchase of a City-owned parking lot. BACKGROUND: For several years,the City has had a parking lot in the vicinity of the area north of First Avenue, and east of Fuller Street extended. With the construction of the mini bypass in the early 1990's, a parking lot at Fuller Street,and north of County Road 69 was expanded. Depending on the interpretation of the layout,between 76 and 99 spaces now exist. A letter dated February 23rd has been received from the publisher of Southwest Suburban Publishing. He is inquiring as to the availability of that lot for purchase by Southwest, as they are contemplating the possible construction of a new building in the downtown area. The sale of this parking lot was broached earlier by the Downtown Parking Committee, at least informally, as it is practically unused for parking. The Parking Committee's discussion was that, if the parcel could be sold,that money might be used to develop parking in other areas of the downtown which might be more readily utilized. DISCUSSION: The subject of downtown parking resurfaces on a regular basis,especially when discussion is made of changing the number of spaces. Much of the rationale for this stems to a belief that a 1967 project,which assessed downtown property owners for parking improvements, guaranteed that the City would perpetually provide at least that number of spaces for downtown parking. We can find no legal evidence that that was represented. However,even if it was, it is not to say that the City won't be providing additional parking when the demand presents itself in the future. Since 1967, some lots have been done away with,while others have been created. (So that the Council has an opportunity to more fully understand some of the discussion,representative memos concerning downtown parking inventory are attached). This case presents an opportunity for revenues which would develop parking in a more usable area. A previous suggestion has been to pave a portion of the library site for downtown employees. In order to determine what a possible sale price might be,an appraisal of the property should be made. That would form the basis of negotiations for the sale to Southwest Suburban,or any other interested party. Obviously,the possibility of 65 jobs moving into the downtown area presents benefits from an economic development standpoint. For this to be a viable business site,the City would have to formally go through with the Scott County Highway Department,the discussion of the reopening of the north leg of the Fuller/CR 69 intersection. Because it might mean the ability to remove the Scott Street signal,the preliminary response has been favorable. In addition,before a final decision is made by the City Council about parking in this area, some decision should be made regarding the old Lucy's Cafe property, located north and west of the intersection of C.R. 69 and Fuller Street. This is a remnant parcel which is owned now by Scott County. Scott County has inquired as to whether the City is interested in purchasing it;there has been a statement of interest from the owner of the Levee Drive Apartments for that property for their parking purposes. There should be some decision made this year on whether the City is interested in that for public parking purposes it could be developed for 18 to 20 spaces. No price has been established. RECOMMENDATION: If the Council is interested in pursuing further the potential sale of the parking lot to Southwest Suburban Publishing,it should direct that an appraisal be done as to establish a value. ACTION REQUIRED: If the Council concurs, it should indicate its interest in the potential sale of the above described parking lot for redevelopment purposes, and direct that a professional appraisal be done to establish a value. bA0-tiltkilLO Mark McNeill City Administrator MM:tw CC: Stan Rolfsrud, Southwest Suburban Publishing CD Atwood -- -- st.-- --- — •.— MOM -O T)(21ZIt Fulle ri st. 1 r = 1 Holikies .. St. \CO: , ai N ci)", " 94j:(4 a \ ` o Lewis I St. I � 5 •>g T\0\C : r-z7 " 1 Sommerville I. 'NM St-- t I IV/ r + G rn nn Z- Spencer St. ... ,... ... rn ..„,.;,,,:,,,, ,,,:-.:, .., ,,,::!:,, , .,..,,,.,, ,,,, ,,... �b � � � � - Southwest Suburban Publishing i �» b ir' : PO Box 8♦ 327 Marschall Road • Shakopee, Minnesota 55379 ♦ 612-445-3333 February 23, 1999 , � ' , Mark McNeill, City Administrator ' �"': City of Shakopee d 129 South Holmes Shakopee, MN 55379 Dear sir, , � ''� �� I write today to inquire as to the availability of a parcel � A � of land which, I believe, is presently owned by the City of ' � r , Shako ee. The parcel is located in the downtown area, just �: p z � north of County Road 69 at the termination of Fuller Street. I � ` , � , It is presently marked and striped as a city parking lot. I do � � 4. � not have a formal description of the parcel. �` I inquire on behalf of Red Wing Publishing Inc. , owner of - 5 the Shakopee Valley News and associated area newspapers known � � as the Southwest Suburban Publishing group. Our local office '?� ". . � � has been at 327 Marschall Road since 1983. We are now considering the efficacy of constructing a r � newspaper building to address our changing needs. We occupy 8, 000 square feet at our present site; a new building wouldbe ' t considerably larger. Our group employs 65; a majority work at this site, others are posted at satellite offices in adjacent communities . While we are in the business of creating an � 'y original homegrown product each week, all tasks at this site `�-1 :443. ''„ -114,4 #3,41.4, are largely computer-based. Our Red Wing plant will continue the printing and mailing of our newspapers. Therefore, our ° "'� = land use is office and light retail. t '. t There are a variety of potential sites for such a building ��r x= in Shakopee and surrounding areas. However, as a newspaper x xid & '`. T ' ` �:' company serving this area for as many as 140 years, we like " 4:' - the idea of relocating in a traditional and historic area that � : s: 'x „ a'1, , represents many of the values we hold. � .� As a community-based enterprise, we also recognize a , e respans ibility to work in harmony with the goals of this re- � � emerging area. While we have met informally with individuals z '�=`� representing the Vision Shakopee movement, at this point we r are unaware of any direction the city may have for development � � R of this specific parcel. Please consider this a request for � _ r.-, information and a desire to contribute in that regard. :.--P44.;-,-:.-.'- -rely, R y t, ; -> . x�� W:ta V Rolfsrud �`' General Manager ; C'^F, �• m `Cl SI-JAKOPEE February 25, 1999 Mr. Stan Rolfsrud General Manager Southwest Suburban Publishing P.O. Box 8 Shakopee,MN 55379 Dear Stan: I am in receipt of your letter of February 23rd,inquiring as to the availability of the land parcel for a possible office site. We will need to do some research on this. The availability of parking in the downtown is a sensitive issue to some property owners;however,the possibility of selling the site that you are interested in was a subject which did come up when a downtown parking committee researched options last year for providing other parking to the downtown. The proceeds from the sale of this lot might be used to develop alternative parking locations. I will get a response to you as soon as we have it. Thanks for your inquiry. Sincerely, Ake-1 j4',ubLU. Mark McNeill City Administrator MM:tw CC: Mayor and City Council COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 • FAX 612-445-6718 City of Shakopee MEMORANDUM TO: EDA/CITY COUNCIL FROM: Mark McNeill, Executive Director DATE: March 5, 1997 RE: Blocks 3 and 4 Parking Concerns At the EDA public hearing on February 26, 1997, EldonReinkees k questioned whether the removal of available parking spa n Blocks 3 and 4 would create a conflict for businesses which had been assessed for the construction of municipal parking lots some years ago. I asked staff to review this . City Clerk Judy Cox has responded with the attached information. She spoke with the former Assistant City Administrator, who had done an analysis in October, 1988 . Without Blockstherewasanetgainofonestall . the Mini-Bypass work was that With the completion of the Blocks 3 and 4 redevelopment project as currently envisioned, there will be an additional 98 spaces . It is unresolved at this point as to whatowned. t of these spaces will be considered as public or privately wn d The information above should resolve the issue as to whether assessees of the late 1960' s project are still receiving benefit nearly 30 years later. Mark McNeill Executive Director MM:bjm Attachments [MCNEILL.MEM] cc: Eldon Reinke cc: Delores Lebens CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Municipal Parking Lots DATE: March 3, 1997 This is in follow-up to my memo to you on Friday regarding the municipal parking lots matter raised by Mr. Eldon Reinke at the EDA meeting last Wednesday. I spoke to Frank Dunbar this morning and he advised me that the width of the proposed buildings in Blocks 3 and 4 is 60' . Since the lots in these blocks are 142 ' deep, it appears that there will be ample room to the north of the buildings for the proposed parking which is estimated to include 98 parking spaces for the retail businesses. These 98 parking spaces are in addition to the parking spaces identified in Mr. Barry Stock's parking analysis dated 1988 as well as the additional parking spaces that are the result of expanding the municipal parking lot across from Bill's Toggery. This confirms the fact that the number of parking spaces in the down town area appear to be increasing as opposed to decreasing. J . Ju i h S. Cox, Ci y Clerk CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Parking for Blocks 3 and 4, Original Shakopee Plat DATE: February 28, 1997 At the EDA meeting on February 26th, Mr. Eldon Reinke raised a question relating to the construction of municipal parking lots in the late 1960's which were assessed to benefiting businesses. He explained that any parking spaces that are lost to the benefit of the assessed business must be replaced and that the City may want to take a look at this as it relates to the proposed development in Blocks 3 and 4. You asked me to look into this matter. I am aware of the improvements and of their assessment to benefiting properties. The assessment roll is a matter of public record and I can locate it if needed. I have spoken with Mr. Barry Stock, former Assistant City Administrator, and he concurred with my recollection that the parking lots were also addressed during the time of the down town streetscape improvements and during the time of the plans for the mini-bypass. He directed me to a report that he had generated addressing the parking spaces that were deleted and replaced elsewhere during these times, see attached. From this report it appears that the parking places that were eliminated were also replaced resulting in the addition of one additional parking space. Since this report was made in 1988 by Mr. Stock, I would like to point out that additional parking spaces were created when the City purchased the former Pelham Hotel property and expanded the municipal parking lot across from Bill's Toggery. In addition, it is my understanding that approximately 98 parking spaces are included in the plans for Blocks 3 and 4 to the north of the buildings. In summary, it appears to me that there has been and continues to be an increase in parking spaces for retail businesses in the down town area as opposed to loosing parking spaces. Please let me know if you desire additional research or information. (Atli-if e) Z (_, J di h S. Cox, ity Clerk DOWNTOWN PARKING ANALYSIS 10/28/88 • Phase I (Actual) Before After Net Gain/Loss Sommerville St. 45 46 + 1 (First Ave. - 3rd Ave. ) Lewis St. 38 58 +20 (First Ave. - 3rd Ave. ) Holmes St. 39 48 + 9 (First Ave. - 3rd Ave. ) Fuller St. 33 45 +12 (First Ave. - 3rd Ave. ) Atwood St. 33 35 + 2 (First Ave. - 3rd Ave. ) Second Ave. 58 47 -11 (Sommerville - Atwood) 246 279 +33 Parking Lots * Lewis St. 39 38 1 Fuller St. 37 39 + 2 2nd Ave. Lot 70 82 +12 +13 Sub-Total +46 *One stall was forfeited to make two handicapped stalls MINI-BYPASS IMPACT Phase II (Projected) Parking Lots North of First Avenue Before After Net Mini-Bypass Mini-Bypass Gain/Loss City Hall Lot 89 0 - 89 Brambilla Lot 99 99 0 New Lot (No. o F v 1f3rL.LE f s Po 14T9 0 16 + 16 - 73 1. First Ave. 94 122 + 28 (Between Spencer & Atwood) Sub-Total - 45 Net effect on parking upon completion of Phase I and Phase II Net gain of 1 stall . 1. Assumptions - A. Diagonal parking on the North and South side of First Ave. B. 1100 ft. of parking frontage. C. Parking stall width of 9 ft. CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Parking for Blocks 3 and 4, Original Shakopee Plat DATE: February 28, 1997 At the EDA meeting on February 26th, Mr. Eldon Reinke raised a question relating to the construction of municipal parking lots in the late 1960's which were assessed to benefiting businesses. He explained that any parking spaces that are lost to the benefit of the assessed business must be replaced and that the City may want to take a look at this as it relates to the proposed development in Blocks 3 and 4 . You asked me to look into this matter. I am aware of the improvements and of their assessment to benefiting properties. The assessment roll is a matter of public record and I can locate it if needed. I have spoken with Mr. Barry Stock, former Assistant City Administrator, and he concurred with my recollection that the parking lots were also addressed during the time of the down town streetscape improvements and during the time of the plans for the mini-bypass. He directed me to a report that he had generated addressing the parking spaces that were deleted and replaced elsewhere during these times, see attached. From this report it appears that the parking places that were eliminated were also replaced resulting in the addition of one additional parking space. Since this report was made in 1988 by Mr. Stock, I would like to point out that additional parking spaces were created when the City purchased the former Pelham Hotel property and expanded the municipal parking lot across from Bill's Toggery. In addition, it is my understanding that approximately 98 parking spaces are included in the plans for Blocks 3 and 4 to the north of the buildings. In summary, it appears to me that there has been and continues to be an increase in parking spaces for retail businesses in the down town area as opposed to loosing parking spaces. Please let me know if you desire additional research or information. (/ e) ek, ,II+.ol.Uilt VJ di h S. Cox, ity Clerk Judy Cox From: To: Cc: Subject: Judy Cox Mark McNeill Paul Snook Parking Date: Monday, March 03, 1997 10:18AM Mark: This is in follow-up to my memo to you on Friday regarding the municipal parking lots matter raised by Eldon Reinke at the EDA meeting last Wednesday. I spoke to Frank Dunbar this morning and he advised me that the width of the proposed buildings in Blocks 3 and 4 is 60'. This leaves ample room to the north of the buildings for the proposed parking which is estimated to include 98 parking spaces for the retail businesses. These 98 spaces are in addition to the parking spaces identified in Mr. Barry Stock's parking analysis dated 1988. This confirms my conclusion that instead of decreasing the number of parking spaces in the downtown, the city has actually increased the number of parking spaces since that 1988 analysis. Also, FYI, the site plans for this proposal "are" in the Council Chambers, if anyone desires to look at them. Page 1 CITY OF SHAKOPEE ®NSEN.t Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Assignment and Assumption of Developer's Agreements Outlot I, Southbridge 1st Addition DATE: March 30, 1999 INTRODUCTION: City Council is asked to approve an assignment and assumption of obligations under the Developer's Agreements for Outlot I, Southbridge 1st Addition owned by Contractor Property Developers Company. BACKGROUND: The Minneapolis Foundation sold their property (Outlots E and I) within Southbridge 1st Addition to Arcon Development Inc. As part of that conveyance, the Minneapolis Foundation assigned to Arcon Development the performances governed by the Developer's Agreements. In conformance with a requirement in the Developer's Agreement, Arcon Development provided the City with a letter of credit to insure the payment of the special assessments for the construction of the collector street and the landscaping improvements for Outlot E. Arcon Development subsequently sold Outlot I to Contractor Property Developers Company (CPDC) , who provided the City with a letter of credit to insure the payment of the special assessments for the construction of the collector street and the landscaping improvements for Outlot I. Contractor Property Developers Company subsequently sold Outlot I to D. R. Horton, Inc. who has provided the City with a letter of credit to insure the payment of the special assessments. The City is asked to sign a "Consent and Release" thereby consenting to the assignment by CPDC to D. R. Horton, Inc. of the obligations under the Developer's Agreements and to release CPDC from their obligations under the Developer's Agreements for Outlot I. Authorization for the City Clerk to sign the "Consent and Release" will release CPDC from its obligations under the Developer's Agreements for Outlot I. This is the fifth request of this nature that City Council has been asked to act upon for property in the Southbridge development. Assignment and Assumption of Developer's Agreements March 30, 1999 Page -2- ALTERNATIVES: 1. Approve execution of the "Consent and Release" 2. Do not approve execution of the "Consent and Release" 3. Table for additional information RECOMMENDED ACTION: Staff recommends alternative number 1, approve execution of the "Consent and Release". ACTION REQUESTED: Approve the "Assignment and Assumption of Developer's Agreements" between Contractor Property Developers Company and D. R. Horton, Inc. for Outlot I, Southbridge 1st Addition and authorize the execution of the "Consent and Release". ) e) 1., )//7- h:\judy\assignsb.hor `� ( T'1 i I _:.--, J --_...._ V 7 L()I' -' S )V l>AIN Y L Creating Neighborhoods of Merit March 29, 1999 Ms.Judy Cox,City Clerk City of Shakopee 129 S. Holmes Shakopee,MN 55379 RE: Outlot I,Southbridge 1st Addition Dear Judy, Following up on our phone conversation of today,CPDCo purchased Outlot I from Arcon Development in January of 1999 and subsequently conveyed it to D.R. Horton in February. For your review, I have enclosed copies of the three assignments which ultimately placed Horton in the position of responsible developer for Outlot I. We are requesting that the City execute a Consent and Release in the form attached for that portion of the Developers Agreement covering Outlot I. Upon City consent,we understand you will accept Horton's substitute $62,660.00 letter of credit and release CPDCo's L/C. Thank you very much for your assistance and cooperation. -"I AfsW.J. ton • i e Pr-: dent cc: Don Patton, D.R. Horton Custom Homes CPDC Corporate Offices: The Quadrant Building - 7100 Northland Circle - Suite 108 - Minneapolis, MN 55428 phone: (612)971-0477 - fax: (612)971-0576 - email: cpdc@schererbros.com 77CLY\ l l04) CONSENT AND RELEASE This Consent and Release is given by the CITY OF SHAKOPEE (the "City') effective as of the day of , 1999 (the "Effective Date') In consideration of the Assumption and Assignment of Developer's Agreement (the "Agreement") between CONTRACTOR PROPERTY DEVELOPERS COMPANY, a Minnesota corporation ("Seller") and D.R. HORTON, INC. - MINNESOTA, a Delaware corporation ("Buyer") to which this Consent and Release is attached, and in consideration of the Letters of Credit or Bond referred to in the Agreement, the receipt and sufficiency of which is hereby acknowledged by the City, the City hereby consents to the assignment by Seller to Buyer and the assumption by Buyer of the obligations of Seller under the Developer's Agreement between Seller and the City dated , 199_, a copy of which is on file and of 1 record in the office of the Scott County Registrar of Titles as Document No. ; and the City hereby releases Seller from its obligations under the Developer's Agreement and accepts Buyer as the Developer under the Developer's Agreement. IN WITNESS WHEREOF, the City has caused this Consent and Release to be executed as of the Effective Date. CITY OF SHAKOPEE By Judith S. Cox Its City Clerk STATE OF MINNESOTA ) )ss: COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1999, by Judith S. Cox, the City Clerk of the City of Shakopee, a Minnesota municipal corporation, on behalf of the Corporation. Notary Public 1770741 01 ivi-\ °C4(41"(-\ 0C 04 tiCrA wry,,U ASSUMPTION AND ASSIGNMENT OF DEVELOPER'S AGREEMENTS THIS AGREEMENT is made as of February "3/Lf 1999, by and between Contractor Property Developers Corporation, a Minnesota corporation ("Seller") and D. R. Horton, Inc.- Minnesota, a Delaware corporation("Purchaser"). RECITALS A. The City of Shakopee, Minnesota (the "City") has, by Resolution No. 4751 adopted on September 30, 1997, as amended by Resolution No. 4976 adopted September 3, 1998 given final approval to the Subdivision referred to as Southbridge 1st Addition, in Scott County, Minnesota. City and The Minneapolis Foundation (the "Foundation") have entered into the following agreements in relation to the part of the Subdivision legally described as Outlot I, Southbridge First Addition(the"Property"); (i) Developer's Agreement, dated July 21, 1998, recorded on July 31, 1998 in the office of the Scott County Registrar of Titles as Document No. 96797 and in the office of the County Recorder, Scott County, Minnesota, as Document No. 421871; • (ii) Agreement Re: Construction of Southbridge Parkway, dated April 21, 1998, recorded July 2, 1998 as Document No. 95996 and (iii) Agreement Re: Landscaping, Street Lighting and Restoration Work, dated July 21, 1998, recorded July 31, 1998 as Document No. 96800; ((i), (ii) and (iii) above collectively referred to as the "Development Agreements"). B. The Foundation has assigned all rights under the Development Agreements to Arcon Development, Inc. a Minnesota corporation ("Arcon") and Arcon P rp ( ) o has assumed all obligations under the P Development Agreement pursuant to that certain Assignment and P g Assumption of Developers Agreement, dated January 7, 1999, by and between Arcon and The Minneapolis Foundation, recorded January 8, 1999, as Document No. 100767. C. Arcon has assigned all rights under the Development Agreements to Seller and Seller has assumed all obligations under the Development Agreements pursuant to that certain Assignment and Assumption of Developers Agreements dated January 15, 1999 by and between Arcon and Seller, but only as such rights and obligations specifically apply with respect to Outlot I. D. Seller has conveyed to Purchaser the Property. Seller and Purchaser desire that the obligations of Seller specifically with respect to Outlot I, Southbridge 1st Addition only under the Development Agreements be assigned to and assumed by Purchaser and that Purchaser 1768596.01 provide to the City letters of credit satisfactory to the city (the "Letters of Credit") or any bond (the "Bond") necessary to replace the security provided by Arcon or Seller to the City under the Developer's Agreements with respect to Outlot I only (the "Seller's Security") in order that the City release Arcon and Seller from the Development Agreements with respect to Outlot I and release the Seller's Security. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, and for other good and valuable consideration, receipt of which is hereby acknowledged by the parties, it is hereby agreed as follows: 1. Assignment and Assumption of Developer's Agreements. Seller hereby assigns to Purchaser and Purchaser hereby assumes and agrees to perform the Development Agreements, as they specifically apply only with respect to Outlot I according to their terms, including, but not limited to, each and every obligation of Seller as set forth in such Development Agreements. 2. Release of Seller and Seller Security. Purchaser hereby agrees to post the Letters of Credit or Bond with the City and to reasonably cooperate with Seller, at no out-of-pocket expense to Purchaser, to obtain the release of Seller and Arcon from the Developer's Agreements with respect to Outlot I and release the Seller's Security from the City. 3. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date written above. CONTRACTOR PROPERTY DEVELOPERS CORPORATION, a Minnesota corporation By �/ Its / 'r woe/ D. R. HORTON, INC.-MINNESOTA, a Delaware corporation By !:ia...0 Its /,P.C� p , 1768596.01 STATE OF MINNESOTA ) ) ss. COUNTY OF DAko T ) Th;17regoin instrument was acknowledged before me this ;3 day of February, 1999, by ,/ /4i Sen the L e Oes i 04'n T of D. R Horton, Inc.-Minnesota, a Delaware corporation, on behalf of the corporation. /(ayzin Notary Public fTirr STATE OF MINNESOTA ) ARYPUBLIC_MESOTA ) SS. 4) MY COMMISSION EXPIRES COUNTY OF J2o' S 7-4 ) JANUARY 31,z000 TIge foregoing instrument was acknowledged bore me this -2 day of February, 1999, by i.lPR /1. 15%1 s lithe o6 7 of Contractor Property Developers Corporation, a Minnesota corporation, on behalf of the corporation. No Public KAREN C.APPLEGATE THIS INSTRUMENT WAS DRAFTED BY: S,i~, NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES JANUARY 31,2000 MAUN& SIMON, PLC (BGO) 2000 Midwest Plaza Building 801 Nicollet Mall Minneapolis, Minnesota 55402-2534 Telephone: (612) 904-7419 1768596.01 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Special Meetings DATE: April 1, 1999 INTRODUCTION: The Council is asked to establish dates for a special joint meeting with the Planning Commission to continue work on moratorium issues, and also a workshop meeting to hear presentations from the County, and Suburban Transit Authority. BACKGROUND: 1. Joint Meeting-Moratorium Issues The Council and Planning Commission met on March 23rd to discuss issues relating to the residential moratorium. Elsewhere on the April 6th agenda the Council will be asked to give further direction as to follow up staff needs to do regarding moratorium issues. However,there should also be another joint meeting set so that the Planning Commission and City Council can consider that information, and further direction needed on the moratorium issue. Possibilities might be Tuesday, April 27th, or Thursday, April 29th. It maybe beneficial to establish other joint meeting times for the next couple of months with the Planning Commission, so that the moratorium discussion does not languish. 2. Workshop Meeting-Recently, staff has had to defer two requests of presentations before the City Council each of which are anticipated to take from 20 to 25 minutes. One would be a report from the County Administrator on County issues, and one from representatives of the Suburban Transit Authority, speaking about bus issues for Shakopee. DISCUSSION: In difference to known schedule concerns,we are looking at dates after April 15th. We have contacted both County Administrator Dave Unmacht, and the STA representatives, and suggest the following late afternoon possibilities: Monday,May 3rd Monday,May 17th Wednesday,May 19th Combined,the two presentations should not take more than an hour. It is probable that other issues could be scheduled as workshop items, should the Council desire to hear them. RECOMMENDATION: We recommend that the Council establish a meeting time and place for both the joint meeting, and the special workshop meeting. ACTION REQUIRED: If the Council concurs, it should,by motion,establish dates for the joint meeting with the Planning Commission, and workshop meeting to hear STA and transit issues. Mark McNeill City Administrator MM:tw 15E. 5 CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Shakopee Planning Commission Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Residential Moratorium Follow-up MEETING DATE: April 8, 1999 INTRODUCTION: On March 23, 1999 at the conclusion of the joint meeting on the residential moratorium, staff was directed to provide the City Council and Planning Commission with a statement of issues to be addressed, and choices to be made. Stall's understanding of the intent of this direction is that the Commission's deliberations and/or recommendations would be shared with the City Council as well. Accompanying this memorandum are 2 attachments. The first is a brief questionnaire intended to identify the Council and Commission members specific thoughts about development issues. The second is a"neighborhood design exercise." Further instructions regarding the completion of this exercise follow below. Council and Commission members are asked to complete both and return them to the Community Development department in the next week if at all possible. DISCUSSION: Since the opening of STH 169 the pace of residential development has picked up substantially. With this increased pace of development, and the shift in the type of residential product coming to Shakopee, both the Commission and the Council have expressed a number of concerns about the types of development occurring in the City. These concerns ultimately gave rise to the Council's enactment of an interim ordinance imposing a moratorium until December 1, 1999 on new residential development. The types of concerns/issues raised have included (not in any particular order): • The location of commercial land uses next to or near single-family homes; • The location of townhouse or multiple-family housing next to or near single- family homes; • The location of housing(whether single-family, townhouse, or multiple family) near high-volume collector streets and county roads; • Allowing the use of private streets in residential development; • Street width; • The adequacy of minimum design standards in residential districts(e.g. setbacks) • The provision of housing that is affordable; • The maintenance of a"green belt" around the southern portion of the City;and • The development of a plan that allows property owners in the agricultural preserve and rural residential areas of the City to develop their land or sell it for development. A cursory review of this list reveals that, at least on the face of it, some of these issues and concerns have the potential for being contradictory. For example; • Greater development costs from requiring wider streets vs. The demand and need for housing that is affordable, • Greater development costs resulting from requiring greater yard setbacks vs. The demand and need for housing that is affordable, • Maintaining a"green belt" around the southern portion of the City which can escalate the cost of developable land in the City vs. The demand and need for housing that is affordable, • Maintaining a"green belt" around the southern portion of the vs. Excluding some long-term property owners in the City from the development marketplace. In order to help reach some consensus about the balance that needs to be struck between these competing issues and concerns, staff asks the Council and Commission to think about, discuss, and try to reach some consensus on the attached questions. REQUESTED ACTION: Staff requests that the Commission and Council take some time to answer the questions posed below, complete the exercise attached, and return them to staff as soon as possible. Staff will then prepare a summary of the input for use by the Commission, Council, and staff, presumably at a future joint session. Depending on the input, staff may also be able to outline some of the kinds of ordinance changes that are suggested by the input. Residential Moratorium Questions 4/01/1999 Question 1: What land uses should/can be appropriately located next to single-family residential development? (More than one category can be checked) Medium Density Residential (duplexes, twinhomes, townhomes) _High Density Residential (townhomes, apartments) Commercial Light Industrial Business Park Heavy Industrial Park Other Question 2: The following categories of residential land use can appropriately be located adjacent to city collector streets and county roads? _Single family residential Medium density residential _High density residential All None Question 3: What is the proper width for local, public streets in new residential development? Parking on One Side Parking on Both Sides 28' 28' 30' 30' 32' 3- 2' 34' 34' 36' 3- 6' Other(please specify) Other(please specify) Question 4: The minimum front yard setback for single-family homes and townhomes is: 20' 25' 30' _Other(please specify) Question 5: What is the appropriate density(expressed in dwelling units per acre)for: Single-family detached housing Townhouse Apartment Question 6: The City should maintain its all or part of its"rural residential districts" (i.e. a density of 1 residential unit per 10 acres) for; (Check One) _5 years 10 years _ 15 years 20 years Indefinitely Other(Please Specify or Provide Further Explanation if necessary) NEIGHBORHOOD DESIGN EXERCISE: John Shardlow of DSU has suggested, in conversation with member(s) of the Planning Commission that a design exercise may help members of the Commission and Council focus their efforts. Attached to this memorandum is a graphic titled"Neighborhood Design Exercise." The area depicted represents about 29 acres. If you feel this is not a sufficiently large enough area, feel free to adjust the scale at which you are working. The graphic amounts to a blank slate on which members of the Commission and Council are asked to fill in the following; • The appropriate location of various land uses(residential, commercial, park, etc.)within this"neighborhood;" • The appropriate land uses adjacent to this"neighborhood;" • Desirable street/traffic patterns; • Neighborhood parks; • Anything else you might feel is appropriate. This is a chance for the Commission and Council members to give full expression to their own"vision" of neighborhood planning for Shakopee. Concepts expressed may be useful for discussions with developers. h b o rh •, • dL Iasi o Exercise Collector Street as U) O O 0 a) O O Collet for Q, reef 1 :200 Memorandum CONS ENT TO: Honorable Mayor, City Council Mark McNeill, City Administrator FROM: Mark McQuillan, Park&Recreation Director Marilyn Remer, Payroll/Benefits Coordinator SUBJECT: Amend 1999 Part-time Pay Plan DATE: March 31, 1999 Introduction The Council is asked to adopt an amended 1999 Part-time Pay Plan to revise the grade classifications of several recreation positions. Background At the March 16, 1999 meeting, Council adopted the 1999 Part-time Pay Plan. The Recreation staff have recently restructured the 1999 summer sports activities and schedules. The City of Eagan recently posted similar positions. To be competitive and comparable with Eagan's pay scale, staff is recommending the Activity Leader, Grade I ($9.2368-$10.8668/hr.)be moved to Grade G($8.0873-$9.5144/hr.) and the Activity Assistant, Grade A($5.3969 - $6.3493/hr)be moved to Grade C ($6.1795 - $7.2699/hr.) Eagan's scale for the Leader position is $8.07-$9.45/hr. and for the Assistant is $6.47- $7.57/hr. Because of anticipated market competition and to be consistent with a related market survey,the Recreation staff is also requesting the classification of Pool Aide, Grade A be moved to Grade B. The classification of Language Translator is being added to Grade M. This new position would be responsible for translating and interpreting information into foreign languages such as Spanish, Russian and Vietnamese. Action Requested If the Council concurs, it should, by motion, adopt the following resolution: RESOLUTION NO. 5093 A RESOLUTION AMENDING RESOLUTION NO. 5082, WHICH ADOPTED THE 1999 PART-TIME PAY SCHEDULE FOR THE PART-TIME AND SEASONAL NON- UNION EMPLOYEES OF THE CITY OF SHAKOPEE RESOLUTION NO. 5093 A RESOLUTION AMENDING RESOLUTION NO.5082 WHICH ADOPTED THE 1999 PART-TIME PAY SCHEDULE FOR THE PART-TIME AND SEASONAL NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS,on March 16, 1999,the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 5082,approving the 1999 Part-time Pay Schedule for the part-time and seasonal non-union employees of the City of Shakopee; and WHEREAS, market conditions and the restructuring of summer recreational activities make it desirous to amend the 1999 part-time Pay Schedule. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the attached schedule of the 1999 Part-time Pay Plan is hereby amended by moving the classification of Pool Aide from Grade A to Grade B,Activity Assistant from Grade A to Grade C; and Activity Leader is hereby moved from Grade Ito G. The classification of Language Translator is added to Grade M. 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 Language Translater 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 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 Activity Leader 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 Activity Asst. C $6.1795 $6.5430 $6.9064 $7.2699 Pool Aide B $5.7882 $6.1287 $6.4692 $6.8096 Not Used A $5.3969 $5.7144 $6.0319 $6.3493 As Amended 4/6/99 Page 1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Thrift Store Valuation/Sale DATE: March 30, 1999 INTRODUCTION: The Council is asked to consider the offer of Valley Green Business Park to purchase the Eagle Creek Thrift Store from the City, for$98,000. BACKGROUND: Several months ago,Jon Albinson,representing Valley Green Business Park, approached the City with a proposal for Valley Green to purchase the .63 acres of Thrift Store property, located southeast of the intersection of County Roads 83 and 16. The City has been the owner of the Thrift Store building since Eagle Creek Township consolidated with Shakopee. In recent years, it has been leased to the Carver Scott Dakota CAP Agency for $1.00 per year. However,the Thrift Store anticipates moving in August 1999, when the construction of a new facility is completed for them, further north on County Road 83. Valley Green is in the process of doing a master plan for an office park on land that they own, which surrounds the Thrift Store property. In order to provide for contiguous development,Valley Green has offered to purchase the property at a value to be determined by an independent appraiser. Both the City and Valley Green had an appraisal done,the results of which were to form the basis of a sales price. However,the amounts established by the two appraisals were far apart-the limited appraisal which the City commissioned established a value of$150,000; the appraisal done for Valley Green showed a valuation of$67,500. In order to rectify the situation, it was agreed that a review appraisal would be done of the two appraisals. The City and Valley Green agreed to have Richard Marks of Universal Valuation Services, Inc., do that service. Mr. Marks has reviewed the two appraisals. His comments are as attached. As shown, he has established a value of$98,000 for the parcel. Mr. Albinson had agreed to abide by the recommendation of the review appraiser. The Council is asked to make a decision on this. Valley Green's attorney has prepared a purchase agreement,which is being reviewed by the City Attorney. Valley Green is proposing to take over landlord responsibilities within 60 days after the document is executed. Therefore,they would provide whatever maintenance responsibilities on the building until the CAP Agency vacates. As a result of the purchase,Valley Green is responsible for capping the well, abandoning the septic system,performing a Phase one environmental survey, and demolition costs. There was some discussion regarding the action if the environmental survey detects asbestos. The City Attorney had language which gave the City an ability to back out of the sale, as otherwise, it would be the City's responsibility to abate the environmental hazard only at the time of transfer of title. However,Mr. Albinson indicates that the inability to demolish and remove the building will have a negative affect on his ability to develop the adjacent property into a first class, tax paying development. Therefore,we have left the language in which obligates the City to remove the asbestos once we might become aware of it. (See Section 4 of the purchase agreement.) The Council should direct if it wishes to have this treated in a different manner. City Clerk Judy Cox does note that the sale of this property as anticipated will likely create the need to find another polling place for the November elections. Mr. Albinson may demolish the building before then, assuming the CAP move stays as scheduled for August. However,the demolition may also be able to be deferred until Spring, 2000. We have assured the CAP Agency that they will not be forced to close the Thrift Shop until the new one is opened and operating. BUDGET IMPACT: Proceeds from this sale($98,000, less the $1,500 for the original Patchin Appraisal, and $421 as the City's share of the review appraisal) can be used in whatever manner the Council determines. The normal procedure would be to place that into the General Fund. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the appropriate City officials to execute a purchase agreement with Valley Green Business Park for the sale of the CAP Agency Thrift Store for$98,000,with the conditions and documents outlined in the purchase agreement. Mark McNeill City Administrator MM:tw CC: Mary Sullivan, CAP Agency PURCHASE AGREEMENT Dated: , 1999 1. Valley Green Business Park Limited Partnership, a Minnesota limited partnership ("Buyer"), has paid to the City of Shakopee, a Minnesota municipal corporation ("Seller"), the sum of $ to be held and disbursed or applied by Seller in accordance with the terms of this Purchase Agreement, said sum being Earnest Money and part payment for the purchase by Buyer from Seller of property in the City of Shakopee, in Scott County, Minnesota, legally described in Exhibit A attached hereto, consisting of about 27,470 square feet, together with all the appurtenant rights, privileges, and easements belonging thereto (the "Property"), which the Seller has this day sold to the Buyer for a Purchase Price of$98,000.00. The Purchase Price shall be paid as follows: a. The Earnest Money to be retained by Seller at closing, and b. The balance of the Purchase Price by certified check or wire transfer. on the date sixty (60) days after the date of this Agreement (the "Closing Date"). 2. Within the times indicated after the date hereof, Seller shall provide Buyer with the following documentation: a. A copy of any Environmental Assessment of the Property reasonably available to Seller shall be provided within five(5)business days. b. Copies of any engineering reports for the Property and any other written information or documentation concerning the physical condition of the Property reasonably available to Seller shall be provided within five (5) business days. c. Any Abstract of Title for the Property reasonably available to Seller. d. A commitment for an owner's policy of title insurance (ALTA Form, Revised 10-17-92) for the Property (the "Commitment") issued by Chicago Title Insurance Company ("Title Company") with the amount of coverage equal to the Purchase Price, showing marketable title vested in Seller shall be ordered by Seller within five (5) business days. The Commitment shall include a copy of each instrument listed as an exception to title or referred to therein, and the usual searches for bankruptcies, judgment liens, tax liens, and special assessments showing all levied, pending, and deferred special assessments and all deferred real estate taxes. Buyer shall be allowed twenty (20) days after the receipt of the Commitment for examination of the title and the making of any objections thereto, said objections to be made in writing or deemed to have been waived. If any objections to title are made, Seller shall be allowed forty- five (45) days in which to cure or obtain affirmative title insurance coverage over any such objections. Pending correction of title, the Closing 62735 vl-Thrift Store Purchase Agreement Date shall be extended, if necessary to the date ten (10) days after the earlier of: (i) the end of said forty-five (45) day period, (ii) the date of removal of the specified objections from the Commitment as evidenced by delivery to Buyer of any endorsement to the Commitment, or (iii) the date of delivery to Seller of a written waiver of the specified objections by Buyer. Buyer agrees to return all of the above documents to Seller within five (5) days after the date this Agreement is terminated if Buyer does not complete the purchase of the Property. 3. Buyer's performance hereunder is expressly conditioned upon Buyer's inspection and approval of the Property and the above documentation, which inspection may be commenced after the date hereof and shall be completed by the later of(i) 45 days after the date hereof or (ii) 30 days after the delivery of all the foregoing documents to Buyer. If said inspection is, in Buyer's absolute and sole discretion, unsatisfactory and Buyer does so notify Seller in writing within the time allowed for said inspection,this Agreement shall be null and void and the Earnest Money shall be refunded to Buyer. If said period expires without notice of Buyer's intention to terminate this Agreement,then this Agreement shall be considered in full force and effect. 4. Seller hereby grants to Buyer and its officers, employees, agents, contractors and representatives (collectively, "Buyer Representatives") the right to inspect and test the Property as Buyer reasonably deems necessary consistent with the Buyer's interest under this Agreement. Buyer agrees to indemnify, defend and hold Seller harmless from and against any claim, loss, damage or expense, including reasonable attorneys fees, to the extent the same are caused by Buyer or Buyer Representatives while inspecting or testing the Property. Buyer shall not be liable for conditions discovered, but not caused by Buyer ("Discovered Condition"). Buyer shall give Seller written notice of any Hazardous Substance (as hereafter defined) discovered on the Property within five (5) business days after discovery. If Buyer determines that a Phase II environmental investigation on the Property is required, Buyer shall, within said five (5) day period notify Seller of that requirement, and the Closing Date shall be extended until the date ten (10) days after the date of delivery of the Phase II report to Buyer. If it is determined that there is any Hazardous Substance on the Property, Seller agrees to perform remediation at the expense of Seller, and the Closing Date shall be extended until the date ten(10) days after the remediation is completed as confirmed in writing by the Minnesota Pollution Control Agency. If this Agreement is terminated and Buyer does not complete the purchase of the Property, then Buyer agrees to provide Seller with copies of all test results within five (5) days after the termination of the Purchase Agreement. 5. Subject to performance by the Buyer the Seller agrees to execute and deliver at closing,the following: a. A Warranty Deed conveying marketable title to the Property subject only to (i) a public easement for street purposes over the west 50 feet, (ii) the lease between Seller and Scott Carver Dakota CAP Agency, Inc. ("Tenant"), dated March 8, 1994 (the "Lease"), and (iii) such other encumbrances Buyer may accept in its sole discretion (the "Permitted Encumbrances"). 62735 vl-Thrift Store Purchase Agreement b. An Assignment of the Seller's interest in the Lease to Buyer. c. A Lease Estoppel Certificate in the form attached hereto as Exhibit B, executed by Seller and Tenant. d. Seller affidavit in form and content acceptable to Chicago Title Insurance Company for purposes of deleting the standard, preprinted ALTA policy exceptions. e. Payment of any mortgages and arrangements for release or satisfaction and retrieval of any mortgages from the owners title insurance policy to be issued to Buyer. f. An Abstract of Title or Owner's Duplicate Certificate of Title. g. Additional documents, if any, required to perform the obligations of Seller hereunder. 6. Seller will pay the real estate taxes due for all years prior to the year of closing. Buyer will pay the real estate taxes due in the year following the year of closing. The real estate taxes due in the year of closing will be prorated between Seller and Buyer as of the date of closing. 7. All special assessments levied or pending as of the Closing Date shall be paid by Seller. Buyer shall not be obligated to pay any park dedication fees in connection with the purchase of the Property. 8. Seller agrees to deliver possession not later than the Closing Date provided that all conditions of this Agreement have been complied with. 9. Seller and Buyer warrant to each other that during the term of this Agreement they shall take no action to cause the status of title to the Property to change in any way that impairs the rights of the other. 10. Seller represents and warrants to Buyer that the following are true now and will be true at the Closing Date: a. Seller has the requisite power and authority to enter into and perform this Agreement. All documents executed or to be executed by Seller in connection with the performance of this. Agreements are duly authorized by all necessary action on the part of Seller and have been or will be duly executed and delivered. Such execution, delivery and performance by Seller of such documents does not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party; such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. b. To the actual knowledge of Seller, except as disclosed in the special assessment search provided by Title Company, or as otherwise disclosed to Buyer by Seller in writing, Seller has received no written notice from 62735 vl-Thrift Store Purchase Agreement any governmental body of actual or threatened special assessments or reassessments of the Property. c. To the actual knowledge of Seller: (a)no toxic or hazardous substances or wastes, pollutants or contaminants (including,without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment) (collectively, "Hazardous Substance") have been generated, treated, stored, transferred from, released or disposed of, or otherwise placed, deposited in or located on the Property, nor has any activity been undertaken on the Property that would cause or contribute to the Property becoming a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment; (b) there has been no discharge, release or threatened release of Hazardous Substances from the Property; (c) there are no Hazardous Substances or conditions in or on the Property that may support a claim or cause of action under any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment; and (d) the Property is not now, and never has been, listed on any list of sites contaminated with Hazardous Substances, nor used as landfill, dump, disposal or storage site for Hazardous Substances. d. There are no other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property orany other agreements or rights of others affecting the Property, except for easements and covenants of record. e. To the actual knowledge of Seller, Seller is not in default concerning any of its obligations or liabilities regarding the Property. f. To the actual knowledge of Seller, there is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. g. The Seller certifies that there is a "Well" on the Property within the meaning of Minnesota Statutes Ch. 103I. Seller agrees to provide a Well Disclosure Form at Closing as required by that statute. h. To the actual knowledge of Seller, no above ground or underground tanks, are located in or about the Property, or have been located under, in or about the Property and have subsequently been removed or filled. Seller has delivered to Buyer copies of all environmental notices, reports and studies relating to the Property which are in the possession of Seller. 62735 v 1-Thrift Store Purchase Agreement j. Except as disclosed to Buyer by Seller in writing, to the actual knowledge of Seller, Seller has received no permits of any kind from any governmental body with respect to the Property, and has no actual knowledge of any such permits. k. To the actual knowledge of Seller, there is an individual sewage treatment system as defined in Minnesota Statutes Sec. 115.55 located on or serving the Property. Seller agrees to provide a disclosure statement at Closing as required by that statute. All of the representations, warranties, covenants, agreements and indemnities made in this Agreement shall survive Closing. 11. Seller shall pay the following costs: a. The title search costs for the extension of the Abstract and for the Commitment. b. The costs of remediation of any Hazardous Substance on the Property. c. The cost of preparation of the Warranty Deed. d. State Deed Tax. e. Seller's attorney's fees. f. The cost of recording satisfactions or releases of any mortgages that are the obligations of Seller, and the cost of any residue Certificate of Title. g. One-half of the closing fee charged by the Title Company. 12. Buyer shall pay the following closing costs: a. The costs of any title insurance policy, except for the title search costs to be paid by Seller. b. Buyer's attorney's fees. c. The filing fees to record the Warranty Deed. d. One-half of the closing fee charged by the Title Company 13. If Buyer defaults in performance of any of the agreements herein Seller may terminate this Agreement by thirty (30) days written notice and on such termination the Earnest Money shall be disbursed to Seller as liquidated damages, time being of the essence hereof. If Seller defaults on any agreements provided herein Buyer may terminate this Agreement by thirty (30) days written notice and on such termination the Earnest Money shall be disbursed to Buyer. This provision shall not deprive either party of the right of enforcing the specific performance of this Agreement provided such Agreement shall not be terminated as aforesaid. Any action for specific performance must be commenced within six(6)months after the Closing Date. 62735 vl-Thrift Store Purchase Agreement 14. Seller and Buyer represent to each other that they have no obligations or agreements with any persons relating to commissions or finder's fees for the sale of the Property, and Seller and Buyer each agree to indemnify and hold the other harmless from any demands, claims or payments in the event any person claims any real estate commission from the other party resulting from a contract with the indemnifying party. 15. The delivery of all papers and monies shall be made at the office of Best & Flanagan LLP., 601 Second Avenue South, Suite 4000, Minneapolis, MN 55402-4331. 16. Any notice, request, demand,payment, election or other communication permitted or required hereunder shall be in writing and shall be deemed duly given when delivered personally or when deposited in the United States mails, Certified Mail, postage prepaid, or delivered to a reputable overnight courier addressed to the party for whom it is intended at the address specified below or at such other address as either party shall notify the other; or transmitted by facsimile copy to the telephone number specified below followed by mailed notice; and shall be deemed received by the party to whom it is directed on the date delivered if delivered personally, on the date three days after mailing if mailed, on the date one day after the date sent by overnight courier, or on the date the facsimile copy is received. Buyer: Valley Green Business Park 5240 Valley Industrial Blvd. S. Shakopee MN 55379 Attn: Jon R. Albinson Facsimile Phone(612)445 1822 with a mandatory copy to: Valley Green Business Park c%Allianz of America,Inc., 55 Greens Farms Road P.O. Box 5160 Westport CT 06881-5160 Attn.: Real Estate Department Facsimile Phone: (203)221-8531 Seller: City of Shakopee 129 South Holmes Street Shakopee MN 55379 Attn: City Administrator Facsimile Phone: (612)445-6718 17. This Agreement may be executed in counterparts, all of which shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party, it being understood that all parties need not sign the same counterpart. For purposes hereof, delivery shall be deemed effective upon exchange of signed copies of this Agreement by facsimile,provided that originally signed counterparts of this Agreement are promptly delivered to the parties hereto. 62735 vl-Thrift Store Purchase Agreement 18. The terms, conditions, and covenants hereof shall extend to, be binding upon, and inure to the benefit of the representatives, successors and assigns of the parties hereto. CITY OF SHAKOPEE VALLEY GREEN BUSINESS PARK LIMITED PARTNERSHIP, by Valley Green Business Park, Inc.. a Minnesota corporation, By: its general partner Its: By: By: Its: Its: EXHIBIT A TO PURCHASE AGREEMENT LEGAL DESCRIPTION That part of the Southwest 1/4 of the Southeast 1/4, Section 9, Township 115, Range 22, in Scott County, Minnesota, described as follows: Beginning at a point 32 rods north of the Southwest corner of the Southeast 1/4; thence running east 13 rods; thence north 10 rods; thence in a northwesterly direction about 13.7 rods to a point 46 rods north of said Southwest corner of the Southeast 1/4; thence south 14 rods to the point of beginning. 62735 v l-Thrift Store Purchase Agreement EXHIBIT B TO PURCHASE AGREEMENT LEASE ESTOPPEL CERTIFICATE Re: Lease between the City of Shakopee("Seller")and Scott Carver Dakota CAP Agency,Inc. ("Tenant"), dated March 8, 1994 Tenant has been advised that the Property subject to the Lease is being sold to Valley Green Business Park Limited Partnership ("Buyer"), and as an inducement therefor Seller and Tenant hereby confirm the following: 1. That a true and correct copy of the Lease and all amendments thereto is attached hereto(Attach copy). 2. That Tenant has accepted possession of the premises demised pursuant to the terms of the Lease. 3. That the Lease is in full force and effect and has not been modified, altered or amended. Alterations or amendments to the Lease will not be effective without Buyer's written consent. 4. That fixed rent, additional rent and other sums due under the Lease have been paid and no other sums are presently due under the Lease. 5. That no fixed rent, additional rent and other sums have been or will be prepaid. 6. That no security deposit has been deposited with Seller. 7. That the Lease term expires on 8. That there are no renewal options under the Lease. 9. That there are no defaults by Seller or Tenant under the Lease. CITY OF SHAKOPEE SCOTT CARVER DAKOTA CAP AGENCY, INC. By: By: Its: Its: By: By: Its: Its: 62735 vl-Thrift Store Purchase Agreement Universal Valuation Appraisers/Consultants Services II II II II I Review of: 2 Appraisal Reports of 1526 CR 83, Shakopee, Mn. IIAppraisers: Patchin Messner Appraisals, Inc. and Shenehon Company Property Type: Retail Building and land Purpose: Sale by City of Shakopee II Location: Pt. of the SW 1/4 of the SE 1/4 of S. 9, T. 115, R. 22, Scott Co. , Mn. Property Interest:Fee Simple Valuation Dates: Dec. 10, 1998 and Nov. 17, 1998 I Date of Review: March 26, 1999 Reviewer: Richard G. Marks MAI II 1 II II II II 1 1 ' Universal Valuation Appraisers/Consultants Services, Inc. Mr. Mark McNeill, City Administrator City of Shakopee 129 Holmes Street South Shakopee, Mn. 55379 Re : Review of Two Appraisals ' By: Patchin Messner Appraisals Inc . and Shenehon Company of a retail building and underlying land owned by the ' City of Shakopee located at 1526 Co . Rd. 83, Shakopee, Mn. ' File No . 99007 March 26, 1999 Dear Mr. McNeill, As part of this review report, I have completed a review of the above referenced appraisal reports which were dated November 23, ' 1998 for the Patchin Messner Appraisals, Inc . report and December 10, 1998 by Shenehon Company . This review is being conducted to examine the value conclusions obtained in each of the reports and determine which value, if either, is a better representation of the current market for this type of property . The reviewer has also been requested to estimate a reasonable value for the ' property if neither of the above values is reasonable . According to the Uniform Standards of Professional Appraisal Practice, certain guidelines must be followed in order to complete a thorough and reliable review of an appraisal . Therefore, the appraiser has formatted this report according to the points of consideration discussed under Standards Rule 3 in ' the 1999 edition of the USPAP, pp. 26-27 . If you have any questions regarding the review process or the contents of this review, please contact me at your earliest convenience . On the following pages, the review of the above referenced appraisals is provided. The Patchin Messner Appraisal, Inc . report will be referred to as Patchin/Messner, and the Shenehon Company report will be referred to as Shenehon for simplicity of reporting. ' Respectfully, r. �n l.etA-(9-tikaAPAO ichard G. Marks MAI 12951 Koeper Avenue, Shakopee, MN 55379 (612) 445-9100 Fax: (612) 445-9101 • 3 ' TABLE OF CONTENTS ' TITLE PAGE 1 COVER LETTER 2 TABLE OF CONTENTS 3 APPRAISAL REPORT REVIEW (STANDARDS) 4-11 ADDITIONAL ANALYSIS 12 VALUE CONCLUSION 12 ' ADDENDA USPAP REPORTING REQUIREMENTS 14 RESTRICTED REPORT CHECKLIST- PATCHIN/MESSNER APPRAISAL . . 15 SUMMARY REPORT CHECKLIST- SHENEHON APPRAISAL 16 ASSUMPTIONS AND LIMITING CONDITIONS 17 REVIEWER CERTIFICATION 18 PROFESSIONAL QUALIFICATIONS OF REVIEWER 19 UNIVERSAL VALUATION SERVICES, INC. I I 4 IIAPPRAISAL REPORT REVIEW STANDARD 3 In reviewing an appraisal and reporting the results of that I review, an appraiser must form an opinion as to the adequacy and appropriateness of the report being reviewed and must clearly disclose the nature of the review process undertaken. IStandards Rule 3-1 (This Standards Rule contains binding requirements from which departure is not permitted. ) IIn reviewing a real property appraisal, an appraiser must: (a) -identify the client and intended users, the intended use of I the appraiser's opinions and conclusions, and the purpose of the review assignment, I • The client of this review is the City of Shakopee . The intended use is for arbitration between two opposing opinions of value . The Patchin/Messner appraisal estimated a I value for the subject property of $150, 000 . This appraisal was completed for the City of Shakopee AS OF nOV. 17, 1998 . Shenehon' s appraised value as of December 10, 1998 was $67, 500 . It was completed for the potential buyer of the I property, Jon Albinson of Valley Green Industrial Park . The purpose of the review is to establish if either I appraisal reflects a reasonable value for the subject . If not, the City has requested that the reviewer give his opinion of the market value of the subject property based I upon the information provided in the reports . (b) -Identify the report under review, the real estate and real property interest appraised, the effective date of the I opinion in the reports under review, and the date of the review;1 I Both reports value the property located at 1526 County Road 83 in Shakopee . This property consists of a 3, 269 sf II1Comment : The review should be conducted in the context of market conditions as of the effective date of the opinion in the I report being reviewed. Information that could not have been available to the appraiser on the date of the report being reviewed should not be used by a review appraiser in the I development of a review. The introduction of new information requires separate analyses and opinions by the review appraiser consistent with Standards Rule 3-1 (g) . IUNIVERSAL VALUATION SERVICES, INC. I II I5 I concrete block building constructed circa 1960 . It was originally used as a meeting hall for Eagle Creek Township and was later converted to its present use as a retail thrift shop. The building has basically two finished rooms II and two restrooms with few other improvements . The building sits on a net usable site area of 31, 305 sf which has private well and septic utilities . The property is currently I zoned Agricultural . The 1998 Shakopee land use plan proposes future office development of this area . I The real property interest being appraised is fee simple . The effective date of the Patchin/Messner appraisal is November 17, 1998, and the Shenehon Appraisal is December 10, 1998 . I The date of review of both of these parcels is March 26, 1999 . I (c) -identify the extent of the review process to be conducted; II The reviewer has read both of the reports and any information provided for each of the comparables listed in each report . Information has also been examined at the Scott County Assessor' s office regarding other sales which II have occurred in Shakopee, similar to the subject, prior to the dates of valuation of each appraisal . The reviewer also contacted the City of Shakopee Planning Department to find 1 out the proposed use for the subject site, which neither appraisal included in their reports . II The reviewer has examined all of the information and read each report . He will attempt to reconcile either value, if well supported, or utilize the contents of each appraisal to obtain an indication of a market value for the subject II property. (d) -form an opinion as to the completeness of the report under I review within the scope of work applicable in the review assignment; l Patchin/Messner This report is a limited report in a restricted format . I Much of the information which would be contained within a self contained report or summary report has been omitted, along with the cost approach to value . For the scope of I work presented in the format used, the report appears to be adequate . However, the appraiser' s choice of approaches to value used appears questionable. IIUNIVERSAL VALUATION SERVICES, INC. 1 I6 I The use of the cost approach would have established an underlying land value for the subject property. Considering this site is zoned for agricultural use, no adjustment was made to any of the comparable sales used in the Sales 1 Comparison Approach. Using an income approach on a property which has basically I no interior partitions and is being used as a large exchange facility for used clothing and household items, is difficult . Obtaining a reliable rental rate and appropriate expenses from the market which would support a reasonable 1 estimate of value for this facility is almost impossible . Shenehon II This appraisal is limited in scope since it omits one of the approaches to value, the income approach. The balance of I the report is summary in nature . This report type typically provides more information than a restricted report . I Overall, the report provides ample, but often unnecessary information on the Twin Cities . There are several errors which should be pointed out before the review proceeds . I On page 3, the date of inspection is given as July 1, 1998, and the date of valuation is July 10, 1998 . Earlier, on page vi, the date of inspection and valuation are listed as II December 10, 1998 . Page i, the cover letter, states the date of valuation to be December 10, 1998, as does the rest of the report . Thus, the later date of 12/10/98 is 1 considered to be the date of valuation for this report . In the cover letter, p. i, the estimated value is stated to I be $67, 500, as does p . vii in the summary section. However, on page vi, the final value estimate is $80, 000 . For the purpose of this review, a value of $67, 500 is considered to be the valuation for the subject . IIn the highest and best use section of this report, the appraiser does not mention the proposed use for the subject ' property according to the City of Shakopee' s Guide Plan from 1998 . Nor does the report indicate that the current site size is a non-conforming use for the building requirements IIof one building site for 40 acres . In the last paragraph on page 40, the appraiser identifies the subject building to be a "small industrial building", II which it is not . IUNIVERSAL VALUATION SERVICES, INC. ' 7 ' The balance of the report uses general information relating to the City of Shakopee . For example . Pages 4-17 cover general area statistics which may be helpful to individuals from outside of the metropolitan area, but contribute little ' to the concerns of local residents . Pages 18 to 24 provide a better description of the city and local neighborhood, but fail to discuss the future plans of the city for the vacant ' land north of the subject site . An adequate discussion is provided for the land northwest of the subject and west of CR 83 . ' The exclusion of the Income approach to value, since the subject is not leased, is considered reasonable for this report . The final value conclusion is the average of the two values developed by the cost and sales comparison approaches . ' Overall, the report appears to adhere to the reporting requirements for the type of -format presented. ' (e) -form an opinion as to the apparent adequacy and relevance of the data and the propriety of any adjustments to the data; Patchin/Messner Sales Comparison Approach. This analysis used five sales of I improved buildings . One was from Lakeville, one from Burnsville, one from Bloomington and two were from Shakopee . All of the buildings were larger than the subject and had different uses . The two sales in Shakopee consisted of a restaurant sale and ' the sale of a large health club which was later converted into a retail marine repair facility. Both sales in Shakopee were considerably outdated (1995 and 1996) . The other three sales were considered to be in superior locations, closer to more developed metro areas . All of these exhibited 25% to 100% higher values before adjustments were made to the Shakopee buildings . Unadjusted sale prices for the Shakopee sales ranged from $25 . 02/sf to $29 . 92/sf . These value ranges appear to remain ' consistent with other more recent sales the reviewer found at the Scott County Court House . ' The appraiser gave little information regarding the rationale for adjustments to the sales . A time adjustment of 4%/year was used for inflation, .5%/yr for age of the UNIVERSAL VALUATION SERVICES, INC. 1 I 1 8 I building, and other non-quantifyable adjustments for quality/condition and land area & location . The final adjustment, 35% for size difference of the health club, II lacked adequate discussion supporting this magnitude of an adjustment . After all adjustments were completed, the value indications 11 ranged from $44 .29 to $48 . 84/sf, which appears higher than most older buildings sell for in Shakopee . IIThe Income Approach. This approach provides no discussion or support for the 11 rental rate used of $5 .50/sf. The appraiser does not indicate whether this is a gross or net lease and establishes no reference for any of the expenses, including the vacancy and credit loss . The resultant net operating I income capitalized at 10% appears to be overstated. Without further explanation this approach appears to over I estimate the value of the subject property. It is used only to support an overstated value in the sales comparison approach. 1 Shenehon Company 1 Cost Approach. The appraiser selected five land sales which were of different zonings than the subject . Two occurred in 1997 in 1 the City of Savage and Jackson Township . Two were from 1998 and were located within I/2 mile of the subject . The last sale is under negotiation, located directly northwest of the I subject . All of these sales were considerably larger, and only one did not have municipal water and sewer (Jackson Township) . That site was the lowest indicated price/sf at I $1 . 15/sf . The adjustments made assumed an inflation factor of 4%/year. Other adjustments included location, size, shape, topography II and municipal utilities . The appraiser assumes that an assemblage of a site zoned for agricultural use will be equivalent to sites used for commercial or industrial 1 development . No mention is made of this fact in the ensuing explanation for each adjustment . I The reviewer finds the estimated value of $1 . 87/sf for vacant land difficult to accept for this site considering its current zoning and lack of utilities . Thus, the value IIUNIVERSAL VALUATION SERVICES, INC. 1 1 I of the land appears to be overstated. The Scott County Assessor has the subject site valued at $17, 600, or approximately $ . 56/sf. The assessor admitted he was not II keeping abreast of current land values in the area. The improvements were valued as a Class C, Low Cost Storage Building taken from Marshall Valuation Service cost indices . II The total replacement cost new was $97, 664, or approximately $29 . 82/sf cost of building area. The Scott County assessor currently has the improvements valued at a depreciated cost II of $106, 300, or $32 . 52/sf. The assessor said that the building had not been revalued for several years . Depreciation for the building is assumed to be a straight II line relationship. Using an economic life for the building of 40 years and a current estimated age of 35 years, the building is assumed to have a depreciation rate of 87 .5% . IThe reviewer has conducted numerous depreciation studies on buildings using market sales techniques and has found that I buildings do not depreciate in a straight line manner, based only upon life and age. Rather, as a building ages, the rate of depreciation tends to slow down, affecting the II building' s age and life in a curvilinear manner. A building which is 5 years old may reflect a depreciation rate of 3%/year, indicating a total depreciation of 15% . However, at 30 years, that rate of depreciation will have declined 11 from 1 .5% to 2%/year, reflecting a different total depreciation rate between 45% and 60% . I The appraiser used a Low Cost Storage Building dost estimate for the subject . This information is found in Section 14, page 25 of the Marshall Valuation Service manual . It is an industrial classification. If the appraiser had selected a I low cost Class C retail Store (Section 13, page 24) , the cost per square foot would have increased to $32 . 91/sf, or an 88% increase in replacement cost over the cost/sf I selected. The overall building would be valued at $142, 762 for a base gross building area, with multipliers . II It is the reviewer' s opinion that the building improvements are understated for the replacement cost and overstated for depreciation. ISales Comparison Approach The appraiser used four sales . One from the City of Jordan, I one from Waconia, one from Savage and one from Shakopee . The buildings located in Waconia and Jordan are far removed IIUNIVERSAL VALUATION SERVICES, INC. 1 ' 10 from the influence of the metropolitan area and are considered far inferior to the subject' s location. Sale 2 in Savage is located in a retail strip mall in downtown Savage . It represents the highest price/sf of all the sales . This building is also the smallest of the four . Sale 3 is the same sale used in the Patchin/Messner Report (Sale 5) of the health club. It is the largest building of the four selected by Shenehon . The adjustments reflected no appreciation for any of the four sales . A 4% time adjustment was used by ' Patchin/Messner. For location, the appraiser, on page 52 stated that Sales 1 and 4, located in Jordan and Waconia, were superior to the subject, and that Sales 2 and 3 were inferior. However, in the adjustment process, the appraiser reversed these findings and used inferior adjustments to Sales 1 and 4, and superior adjustments to Sales 2 and 3 . ' The actual adjustments made were correct, but the explanation weren' t . Age and condition adjustments were made using gross ' percentages of 10%, depending upon whether the buildings were older or newer than the subject . The Patchin/Messner appraisal used a .5%/year adjustment for each sale depending ' upon the actual difference in years between the buildings and the subject . Size was also adjusted by 10% for sales 2 and 3, depending upon their relationship to the subject . The original unadjusted sale prices indicated a range from $11 .36/sf to $37 . 88/sf. The adjusted values ranged from $14 . 42/sf to $29 . 17/sf . Sale No . 3, which is the only ' building used in Shakopee, had an unadjusted sale price of $25 . 02/sf, and an adjusted price of $23 .52/sf. ' Value conclusions for the subject were estimated at $20 . 00/sf, approximately 44% of the value indicated by the Patchin/Messner Appraisal . ' (f) -form an opinion as to the appropriateness of the appraisal methods and techniques used and develop the reasons for any ' disagreement; (See point "e" above . ) (g) -form an opinion as to whether the analyses, opinions and conclusions in the report under review are appropriate and reasonable, and develop the reasons for any disagreement . The analysis in question "e" above discusses the strengths UNIVERSAL VALUATION SERVICES, INC. 1 ' 11 land weaknesses of each appraisal report . The simple conclusion which can be drawn from these appraisals is that the value conclusions established in the Shenehon appraisal are understated and in the Patchin/Messner appraisal are 1 overstated for the reasons provided. The two unadjusted sale prices of the Shakopee Sales used in 1 the Patchin/Messner Report were $25 . 02/sf and $29 . 92/sf, but occurred during 1995 and 1996 . Although they are older, they provide a reasonably close range in values . The 1 reviewer contacted that Scott County Assessor to find more recent sales . In the review of Shakopee Sales information, the reviewer 1 found a sale that occurred during February, 1998 at 705 E . First Avenue in Shakopee . This building is a church constructed circa 1859 located in a retail district It had 1 a stone foundation and wood construction and was completely remodeled. The building was 2, 415 sf in size and is located on a 8, 520 sf lot . The overall price of the property was ' $30 . 02/sf. This sale is smaller and older than the subject, but is being used for a similar non-profit use . Considering the 1 range of values of the other sales on an unadjusted price, it is the reviewer' s opinion that a value of $30/sf for the subject property would be more supportable than either of 1 the appraised values obtained. i 1 i 1 1 1 UNIVERSAL VALUATION SERVICES, INC. 1 I II12 i Additional Analysis Required: It must be emphasized that only the information which was II presented in the reports was used in determining if the value conclusions were reasonable and supportable . One additional comparable sale was selected and used in the analysis to establish a probable value for the subject property in Iconjunction with the two sales which occurred in Shakopee . If a separate appraisal were to be conducted, any new information I uncovered could result in a different value conclusion, either higher or lower than the values discussed in this review. Only the information as presented in these reports was analyzed. Therefore, no guarantees can be made that the above indicated I values could be obtained if a more in-depth study of the market were performed. I FINAL VALUE CONCLUSION Based upon the analysis of the two reports reviewed, and the I additional information obtainedfrom the Scott County Assessor, it is the reviewer' s opinion that a reasonable value for the subject property should be based upon a value of $30 . 00/sf of I gross building area, or a total property value of $98, 000 (3, 269 sf X $30 . 00/sf) . Should additional information become available, this review could I be revised. Such new information could substantially affect the estimated value conclusion. IEstimated Value as of Dec . 10, 1998 : $98, 000 NINETY EIGHT THOUSAND DOLLARS II I I i II IUNIVERSAL VALUATION SERVICES, INC. I 13 1 1 ADDENDA 1 1 1 1 I ' UNIVERSAL VALUATION SERVICES, INC. 14 REPORTING REQUIREMENTS: Standards Rule 3-2 (This Standards Rule contains binding requirements from which departure is not permitted. ) In reporting the results of a real property appraisal review, an appraiser must: ' (a) state the identity of the client, by name or type, and intended user; the intended use of the assignment results; ' and the purpose of the assignment; (b) state the information that must be identified in accordance with Standards Rule 3-1 (b) ; ' (c) state the nature, extent, and detail of the review process undertaken; (d) state the opinions, reasons, and conclusions required in Standards Rule 3-1 (d-g) ; (e) include all known pertinent information. I 1 11 1 ' UNIVERSAL VALUATION SERVICES, INC. 1 I15 SUMMARY OF STANDARDS RULE 2-2 COMPLIANCE CHECKLIST IREPORT OPTIONS : Restricted Report (1999 USPAP, P . 104) Definitions : Describe : Comprehensive level of detail in the presentation of I information Summarize :More Concise presentation of information . State : Minimal presentation of information. I Complete : An appraisal with an estimate of value without departure . Limited: An appraisal with an estimate of value with departure . CHECKLISTS FOR RESTRICTED REPORT FORMAT (Patchin/Mezzner) No. Item Yes No Ii State the identity of the client, by name or type X Iii State the intended use of the appraisal; X iii State information sufficient to identify the real estate involved in the X appraisal. Iiv State the real property interest appraised; X v State the purpose of the appraisal, including the type of value and refer to X Ithe definition of value pertinent to the purpose of the assignment. vi State the effective date of the appraisal and the date of the report; X I vii State the extent of the process of collecting, confirming, and reporting X data or refer to an assignment retained in the appraiser's workfile, which describes the scope of work to be performed. Iviii State all assumptions, hypothetical conditions, and limiting conditions that X affected the analyses,opinions and conclusions; I ix State the appraisal procedures followed, and the value opinion(s) and XII conclusion(s)and reference the work file. x State the use of the real estate, existing as of the date of value, and the X use of the real estate reflected in the appraisal; and when the purpose of the assignment is market value, state the support and rationale for the appraiser's opinion of the highest and best use of the real estate. Ixi State and explain any permitted departures from specific requirements of X STANDARD 1;state the exclusion of any of the usual valuation approaches;and state a prominent use restriction that limits use of the Ireport to the client and warns that the appraiser's opinions and conclusions set forth in the report cannot be understood properly without I additional information in the appraiser's workfile; xii Include a signed certification in accordance with Standards Rule 2-3. X IUNIVERSAL VALUATION SERVICES, INC. I I16 I SUMMARY OF STANDARDS RULE 2-2 COMPLIANCE CHECKLIST REPORT OPTIONS Summary Report (1999 USPAP, P. 104) Definitions: I Describe: Comprehensive level of detail in the presentation of information Summarize: More Concise presentation of information. State: Minimal presentation of information. Complete: An appraisal with an estimate of value without departure. I Limited: An appraisal with an estimate of value with departure. CHECKLISTS FOR SUMMARY REPORT FORMAT(Shenehon) INo. Item Yes No i State the identity of the client and any intended users, by name or type; X Iii State the intended use of the appraisal; X iii Summarize information sufficient to identify the real estate involved in the X I appraisal, including the physical and economic property characteristics relevant to the assignment; iv State the real property interest appraised; X Iv State the purpose of the appraisal, including the type and definition of value X and its source; Ivi State the effective date of the appraisal and the date of the report; X vii Summarize sufficient information to disclose to the client and any intended X 1 users of the appraisal the scope of work used to develop the appraisal; viii State all assumptions, hypothetical conditions and limiting conditions that X I affected the analyses,opinions, and conclusions; ix Summarize the information analyzed, the appraisal procedures followed, X and the reasoning that supports the analyses, opinions, and conclusions; Ix State the use of the real estate, existing as of the date of value, and the X use of the real estate reflected in the appraisal;and,when the purpose of the assignment is market value, summarize the support and rationale for Ithe appraiser's opinion of the highest and best use of the real estate; xi State and explain any permitted departures from specific requirements of X I STANDARD 1, and the reason for excluding any of the usual valuation approaches; xii Include a signed certification in accordance with Standards Rule 2-3. X I I IUNIVERSAL VALUATION SERVICES, INC. ' 17 Assumptions and Limiting Conditions Information and Data Information supplied by others considered in this valuation is from sources believed to be reliable, but no further responsibility is assumed for its accuracy . No attempt has been made to verify all data. The right is reserved to adjust this ' review as may be required by a consideration of additional or more reliable data that may become available . Unexpected Conditions It is assumed that there are no hidden or unexpected conditions of the property that would adversely affect value . 1 Advertising Neither all nor any part of the contents of this review shall be ' conveyed to the public through advertising, public relations, news, sales or other media without the written consent and approval of Universal Valuation Services, Inc . Court Testimony Testimony or attendance in court due to this review shall not be required unless arrangements for such services have been previously made . Date of Value The date of value to which the conclusions and opinions expressed in this report shall apply is set forth in the letter of transmittal . The dollar amount of any value opinion herein rendered is based upon the purchasing power of the U.S . dollar as ' of that date . The appraiser assumes no responsibility for economic or physical factors occurring subsequently to the date of value nor for unforeseeable events that alter market ' conditions that may affect the opinions stated herein . Inspection The appraiser has not personally inspected the subject property . Mineral Rights The value of mineral rights, if any, was not considered in this review unless otherwise noted. Specified Valuation 11 This review assignment was not based on a requested minimum valuation or specific valuation or approval of a loan amount . 11 UNIVERSAL VALUATION SERVICES, INC. I 1 1 18 REVIEWER CERTIFICATION I certify that, to the best of my knowledge and belief: 1 - the facts and data reported by the review appraiser and used in the review process are true and correct . 1 - the analyses, opinions, and conclusions in this review report are limited only by the assumptions and limiting conditions stated in this review report, and are my personal, unbiased professional analyses, opinions and conclusions . 1 - I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. ' - my engagement in this assignment was not contingent upon developing or reporting predetermined results . 1 - my compensation is not continent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of , this review. 1 - my analyses, opinions, and conclusions were developed and this review report was prepared in conformity with the 1 Uniform Standards of Professional Appraisal Practice . - I did not personally inspect the subject property of the 1 report under review. - no one provided significant professional assistance to the person signing this review report . 1 - I (Richard G. Marks, MAI) am currently certified under the voluntary continuing education program of the Appraisal Institute . i /V� March 26, 1999 Richard G. Marks (MAI) Dated 1 Minnesota Real Estate License No . 4001125 1 UNIVERSAL VALUATION SERVICES, INC. 1 I I19 I UNIVERSAL 1244 Canterbury Road, #305 VALUATION Shakopee, MN 55379 SERVICES (612) 445-9100 I INC. PROFESSIONAL QUALIFICATIONS Richard G. Marks (MAI) I EXPERIENCE: Actively engaged in the appraisal profession since 1976. Have appraised real property interests in 26 of 48 continental United States and Winnipeg, Canada. Properties appraised include: development land,apartment buildings and complexes, hotels,churches, motels,office buildings,shopping centers,office-warehouse buildings, I regional warehouses, industrial buildings, paper mills,grain elevators, bulk commodity terminals,businesses, condominiums,single and multi-family residences, mobile home parks, campgrounds, nursing homes, medical office buildings, mini self storage warehouses,easements,leased fee, leasehold and subleasehold interests. IAppraisals prepared were used for purposes of sale-leaseback, insurance,financing, rental, income tax, purchase, condemnation, ad valorem tax,syndication,going concern (business)valuation,feasibility analysis, mergers and acquisition, and alternate use studies. IEMPLOYMENT: Originated Universal Valuation Services in 1984 as full-service appraisal company. Formerly employed full-time as appraiser for Marshall and Stevens, Inc.,from 1982 to 1984. Prior experience obtained while employed for Patchin I I Appraisals, Inc., and City of Plymouth, Minnesota. FHA Panel 1980-1985. PROFESSIONAL SOCIETIES: Member of Appraisal Institute, MAI designation awarded 1985; Affiliate,Greater Minneapolis Area Board of Realtors; Minnesota Association of Professional Appraisers (MAPA)since 1987. ' COURT TESTIMONY: Testified as an expert witness in Hennepin and Scott Counties Commissioner Hearings; Minneapolis District Court and City of Minneapolis Commissioner Hearings. Reports have been prepared for litigation in States of Texas, Minnesota, Nebraska and Iowa. ' EDUCATION: Received Bachelor of Science degree in 1972 from Northern Illinois University. After graduation, completed all American Institute of Real Estate courses required for Member status and various seminars including: Income Tax I and Real Estate;Feasibility;Going Concern Valuation; Condominium Conversion and Management; Real Estate Law;Cash Equivalency;Computer Spreadsheet Analysis;Real Estate Management; R-41 B and R-41 C Seminars; Real Estate Risk Analysis;Appraising Troubled Properties;Uniform Standards of Professional Appraisal Practices Seminars;The Appraiser as Expert Witness;How to Review a Fannie Mae/Freddie Mac Residential Appraisal;The IAppraiser's Legal Liabilities. PARTIAL LIST OF COMMERCIAL CLIENTS PERSONALLY SERVED: I Cargill, Inc.;Citicorp;Cloverleaf Dairies; United States Steel;General Mills, Inc.; Union National Bank,CA;K-Mart Corp.;Beverly Enterprises;Certainteed Corp.; FMC Corp.; Northern Companies, St. Paul; Iowa& Minnesota D.O.T.; Minnesota Mining&Mfg.;Owens, IL;Metropolitan Airport Commission;Red Wing Hotel Corp.;Western Farm Mgmt. Co.; Merchants Grain &Transp.;Cities of Mpls., Eden Prairie, Orono,Shakopee, Prior Lake, Carver, I Jordan, Chaska,and Chanhassen.Minnesota;Minnesota DNR; Marshall and Stevens, Inc.;Waconia State Bank; Griffin Companies;Firstar Corporation; Norwest Corporation. I STATE OF MINNESOTA CERTIFIED GENERAL REAL PROPERTY APPRAISER LICENSE NO:4001125 IUNIVERSAL VALUATION SERVICES, INC. IS. G. P. MEMORANDUM TO: Mayor and City Council CONSENT Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk DATE: March 31, 1999 RE: Tobacco License Revocation or Suspension Hearings INTRODUCTION: City Council is asked to set a date to review the actions of certain tobacco licensees. BACKGROUND: When a tobacco licensee is accused or found guility of violating City Code or state statute provisions relating to the tobacco establishment, the City Council may take action to revoke or suspend the tobacco license. Staff is ready to proceed with the setting of a hearing date to consider tobacco violations that occurred during the compliance checks on December 12, 1998. In order to afford a 15 day notice to the affected tobacco licensees, staff recommends setting the hearing for Tuesday, May 4, 1999. ALTERNATIVES: 1. Schedule a hearing for May 4, 1999 2. Schedule a hearing for May 18, 1999 3 . Do not hold a hearing. RECOMMENDATION: Alternative 1. ACTION REOUESTED: Set a hearing for Tuesday, May 4, 1999, at 8:00 p.m. to review the action of the tobacco licensees: Avanti Petroleum, Inc. dba Total Mart, 234 West 1st Avenue, K-Mart Stores, 1200 Shakopee Town Square, and Twin Cities Stores, Inc. dba Oasis Market #525, 1147 South Canterbury Road. I�� /5 E. 7. CONSENT- mcmOiAn. tLm MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Apportionment of Special Assessments for Townhomes in Prairie Bend CIC 1024 DATE: March 31, 1999 INTRODUCTION AND BACKGROUND: The City Council is asked to adopt Resolution No. 5106, apportioning existing special assessments against the newly created lots in Prairie Bend CIC 1024. The CIC (Common Interest Community) documents for Lot 6, Block 1, Prairie Bend Third Addition have been recorded creating 10 new lots. The existing special assessments for this lot must be apportioned at this time. Resolution No. 5106 apportions the existing special assessments against these 10 new lots within the Common Interest Community. RECOMMENDED ACTION: Offer Resolution No. 5106, A Resolution Apportioning Assessments Among New Common Interest Community Parcels within CIC 1024 Prairie Bend, and move its adoption. (//:/ RESOLUTION NO. 5106 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW COMMON INTEREST COMMUNITY PARCELS WITHIN CIC 1024 PRAIRIE BEND (ORIGINALLY KNOWN AS PARCEL 27-239006-0) WHEREAS, on November 5, 1997, Resolution No. 4776 adopted by the City Council levied assessments against properties benefited by construction of Sarazin Street between 4th Avenue and CR-16, Roundhouse Street between 4th Avenue and CR-16, and 4th Avenue between Shawnee Trail and Sarazin Street, Project No. 1994-10; and WHEREAS, on December 3, 1996, Resolution No. 4567 adopted by the City Council levied assessments against properties benefited by the County Road 16 Sanitary Sewer and Water Services between County Road 17 and County Road 83, Project No. 1994-11. WHEREAS, Outlot E, Prairie Bend First Addition has been subdivided into the plat of Prairie Bend 3rd Addition; and WHEREAS, on December 16, 1997, Resolution No. 4810 adopted by the City Council apportioned the said assessments against the new lots in Prairie Bend 3rd Addition; and WHEREAS, Lot 6, Block 1, Prairie Bend 3rd Addition benefited by the said improvements has been subdivided into a Common Interest Community known as CIC 1024 Prairie Bend; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against parcel 27-239006-0 against the 10 new parcels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1999 remaining balance of assessments to parcel 27-239006-0 for the 1994-10 and the 1994-11 Improvement Projects is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Numbers 4776 and 4567 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1999. , Mayor , City Clerk h:\judy\app-pb3.cic Exhibit A Levied Amount Levied Amount s/a 27091 s/a 27095 City Project 1994-10 City Project 1994-11 Parent Parcel=27-239006-0(Lot 6,Block 1 Prairie Bend 3rd Add'n) $ 8,048.58 $ 1,653.61 27-199180-0 KLINGELHUTZ DEVELOPMENT Unit 3601,CIC 1024 $ 804.86 $ 165.36 350 HWY 212 E Prairie Bend CHASKA,MN 55318 27-199181-0 KLINGELHUTZ DEVELOPMENT Unit 3602,CIC 1024 $ 804.86 $ 165.36 350 HWY 212 E Prairie Bend CHASKA,MN 55318 27-199182-0 KLINGELHUTZ DEVELOPMENT Unit 3603,CIC 1024 $ 804.86 $ 165.36 350 HWY 212 E Prairie Bend CHASKA,MN 55318 27-199183-0 KLINGELHUTZ DEVELOPMENT Unit 3604,CIC 1024 $ 804.86 $ 165.36 350 HWY 212 E Prairie Bend CHASKA,MN 55318 27-199184-0 KLINGELHUTZ DEVELOPMENT Unit 3605,CIC 1024 $ 804.86 $ 165.36 350 HWY 212 E Prairie Bend CHASKA,MN 55318 27-199185-0 KLINGELHUTZ DEVELOPMENT Unit 3606,CIC 1024 $ 804.86 $ 165.36 350 HWY 212 E Prairie Bend CHASKA,MN 55318 27-199186-0 KLINGELHUTZ DEVELOPMENT Unit 3607,CIC 1024 $ 804.86 $ 165.36 350 HWY 212 E Prairie Bend CHASKA,MN 55318 27-199187-0 KLINGELHUTZ DEVELOPMENT Unit 3608,CIC 1024 $ 804.86 $ 165.36 350 HWY 212 E Prairie Bend CHASKA,MN 55318 27-199188-0 KLINGELHUTZ DEVELOPMENT Unit 3609,CIC 1024 $ 804.85 $ 165.36 350 HWY 212 E Prairie Bend CHASKA,MN 55318 27-199189-0 KLINGELHUTZ DEVELOPMENT Unit 3610,CIC 1024 $ 804.85 $ 165.37 350 HWY 212 E Prairie Bend CHASKA,MN 55318 TOTAL $ 8,048.58 $ 1,653.61 Page 1 rr rr� �6• ./7,4 . A N D U M MEMOR CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments for Condominiums of Shenandoah Place DATE: March 31, 1999 INTRODUCTION: City Council is asked to consider adopting Resolution No. 5107 which apportions existing special assessments against newly created lots located within the new plat of Condominiums of Shenandoah Place. BACKGROUND: Prior to the platting of Condominiums of Shenandoah Place, the original parcel had special assessments against it for the 1994-11 County Road 16 public improvements. It is appropriate that these special assessments be apportioned against the newly created lots at this time. Resolution No. 5107 apportions the existing special assessments against the newly created lots within the new plat of Condominiums of Shenandoah Place. The final plat approval included a condition that the special assessments shall be apportioned. The developer is aware of this condition of plat approval. RECOMMENDED ACTION: Offer Resolution No. 5107, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Condominiums of Shenandoah Place, and move its adoption. �I LAI k L// Cii Clerk \ h\judy\appmemo.csp RESOLUTION NO. 5107 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF CONDOMINIUMS OF SHENANDOAH PLACE WHEREAS, on December 3, 1996, Resolution No. 4567 adopted by the City Council levied assessments against properties benefited by improvements to County Road 16 between CR-17 and CR-83, Project No. 1994-11; and WHEREAS, on November 18, 1997, Resolution No. 4794 adopted by the City Council apportioned the installments remaining unpaid against the parcels created because of the platting of Shenandoah Place: and WHEREAS, Outlot D of Shenandoah Place has been subdivided into the plat of Condominiums of Shenandoah Place; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Outlot D, Shenandoah Place because of the platting of Condominiums of Shenandoah Place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1999 payable remaining balance of assessments (to parcel 27-231058-0 for the 1994-11 County Road 16 sanitary sewer and water services improvements) is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Numbers 4567 and 4794 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1999. Mayor , City Clerk h\judy\app-shen.con Exhibit A Levied Amount s/a 27095 City Project 1994-11 Parent Parcel=27-231058-0(Oudot D,Shenandoah Place) $ 16,384.74 27-270001-0 SUNSET HOMES CORP. Lot 1,Block 1 $ 3,276.95 9687 63RD AVENUE NORTH Condominiums of MAPLE GROVE,MN 55369 Shenandoah 27-270002-0 SUNSET HOMES CORP. Lot 2,Block 1 $ 3,276.95 9687 63RD AVENUE NORTH Condominiums of MAPLE GROVE,MN 55369 Shenandoah 27-270003-0 SUNSET HOMES CORP. Lot 3,Block 1 $ 3,276.95 9687 63RD AVENUE NORTH Condominiums of MAPLE GROVE,MN 55369 Shenandoah 27-270004-0 SUNSET HOMES CORP. Lot 4,Block 1 $ 3,276.95 9687 63RD AVENUE NORTH Condominiums of MAPLE GROVE,MN 55369 Shenandoah 27-270005-0 SUNSET HOMES CORP. Lot 5,Block 1 $ 3,276.94 9687 63RD AVENUE NORTH Condominiums of MAPLE GROVE,MN 55369 Shenandoah TOTAL $ 16,384.74 Page 1 �s. ,S. ll, CITY OF SHAKOPEE Memorandum CONSENT, n®p�S ENT: TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Deferred Compensation for Seasonal Employees DATE: April 1, 1999 Introduction & Background In 1991, Council adopted resolution Number 3502 which mandated deferred compensation participation for pool, seasonal public works and firefighters. The goal was to save money on the city contribution to FICA which is supplanted by deferred comp. The savings on the seasonal employees has been about $2, 000 a year. In staff ' s opinion, this program is not effective due to the administrative effort and confusion on the part of the employee, the parents, Recreation staff, Finance staff and the deferred comp staff. Firefighters would stay on the program at a savings of about $6, 800 annually. Recommendation Amend Resolution No. 3502 to delete the reference to seasonal employees. Action Offer Resolution No. 5108 A RESOLUTION AMENDING RESOLUTION NUMBER 3502, A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF SHAKOPEE and move its adoption. Gregg Voxland Finance Director c:\gregg\memo\defcomp RESOLUTION NO. 5108 A RESOLUTION AMENDING RESOLUTION NUMBER 3502, A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, the City of Shakopee has established a deferred compensation program for certain part time and seasonal employees, and WHEREAS, it is now desired to amend the program to exclude seasonal employees, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Resolution Number 3502 is hereby amended to eliminate references to seasonal pool and public works employees . Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of April, 1999 . Mayor of the City of Shakopee ATTEST: City Clerk 17 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Labor Negotiations DATE: March 31, 1999 Following the regular portion of the April 6th meeting,the City Council will be asked to go into a closed session to discuss labor negotiation strategy. Mark McNeill City Administrator MM:tw /17 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Closed Hearing -Union Pacific Speed Issue DATE: March 26, 1999 The City Attorney has asked that the Mayor and Council prepare to go in to closed session at the April 6th meeting to discuss pending litigation. The City is scheduled to have the railroad speed issue heard before an Administrative Law Judge beginning April 8th. Mr. Thomson wishes to discuss some issues regarding that case with the Council. 'I Mark McNeill City Administrator MM:tw ill I (( I I I ,Ioi . 1 1 i 1 1 b ► , a=F \ 1 1 , , � _�� __ LT-L L I L'.."'.-'.... -1 1 I 1 I I II 1 1 , LL c I 1 II ► I CD 1 of , 1Z co '! Ju: FIRe -'w ATWOOt? STREET V ^ til � � .I..M1 J 1 M;u �w♦F G s p9;1 1 C �T 1 A co ' 1 r,11,.„ 1 1.1aid 1 Q ( 5E +. hv' 1 1 �_ __ 11 i C) m z I I 1 ` 1 I C, 1 a I A> 1 y I "" I I 1 > 1 1 1 a M p > I 1 I 1 11 1 I 1 I 998a ____] !hl,, :'"A. '',,'.'. , I�LJ_I_�1C_ I _ l _ 1 CD Vacated/No Parking FULLER STREET GO 1III w� p:iiii:n (jw,k tYt�m Y.. 1 i. __ It I I o{ 1 M 1Y ,it,/ I FE] 1 I LC ' C2 I 1 a I . 1 11 b I 1 1 1 I �.c fiY 1 I n II . 1 1 1 V L _ _,. __ I f o _ 1 tn __._- ____l L � cn ♦ • HOLMES STREET S m ç ------ 4 � -=---�1 1r -- -71 i 0 I : g. Q p , S 1 1 S u • fl '4' 1V I 51 V o w O o o N �^ o A ' iu R ''d x ro ro . 4 rn ro z y ro n ro �' 1� p• ''tea rw x u . , e $ o' a. I.)(ro IJ c Uq w O z.x I °° o w ' ";1G G G O Croy 7 " y I CD CD PC 'Si ,1:1vii ID; •e N M a G_ d DO m