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04/20/1999
TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA APRIL 20, 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 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 16, 1999 *8] Approve Bills in the Amount of$607,438.61 9] Communications: A] Greg&Renee Pass request to install a 4' high fence along Vierling Drive B] Michael Leek regarding traffic study for Marschall Road and STH 169 intersection 10] Public Hearings: A] Proposed vacation of easement within Lot 7, Block 1, Marymark Addition-Res. No. 5117 B] Proposed improvements to McGuire Circle, McGuire Court and Muhlenhardt Road, between CR 16 and Horizon Drive, Project 1999-2 -Res. No. 5118 11] Liaison Reports from Councilmembers 12] Recess for an Economic Development Authority Meeting 13] Re-convene TENTATIVE AGENDA April 20, 1999 Page -2- 14] Recommendations from Boards and Commissions A] Preliminary Plat of Vierling Plaza, located east of Marschall Road and south of Vierling Drive-Res. 5110 B] Preliminary Plat of Brittany Village, located northeast of CR 17 & 17th Ave. E.-Res.5112 *C] Final Plat of Southbridge Cove, located south and east of Southbridge Parkway-Res. 5113 *D] Final Plat of Classics at Southbridge, located north of Southbridge Parkway-Res. 5115 *E] Final Plat of Longmeadow 2nd, located northeast of St. Francis Medical Center -Res. 5116 F] Boulder Ridge Townhomes Planned Unit Development, located north of Vierling Drive and west of CR 17 -Res. 5111 *G] Text Amendment to City Code Regarding Rental Car Facilities - Ord. No. 546 H] Cable Television Attorney for Negotiations of Franchise Renewal 15] General Business A] Police and Fire B] Parks and Recreation C] Community Development 1. Deleted 2. Deleted 3. Deleted *4. Set Public Hearing on Vacation of Dalles Drive East of Country Inn-Res. No. 5119 *5. Set Public Hearing on Vacation of Easement within Boulder Ridge -Res. No. 5114 *6. Independent School District No. 720 CUP's 98-44 and 98-45 -Res. No. 5120 *7. Setting Public Hearing for Vacation of Alley in Block 36, OSP - Res. No. 5122 D] Public Works and Engineering *1. Request of Centex Homes Regarding Hourly Restrictions on Construction Activities for Longmeadow and Southbridge Developments *2. Valley Green Corporate Center Wetland Replacement -Res. No. 5124 E] General Administration 1. On Sale 3.2 Percent Malt Liquor License- Shakopee Jaycees *2. Appointment of Election Judges for Special Election- Res. No. 5123 *3. Amending the Fee Resolution-Res. No. 5109 *4. Special Assessment Abatement 16] Other Business 17] Adjourn to Thursday, April 29, 1999, at 4:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting April 20, 1999 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business-(All items noted by an 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:o�cF,t 6i M Isw-et, kb , ` °L 1 5. Financial 4 A.)Approval of Bills 6. Informational Item- Summary of Vision Shakopee! Downtown Strategic Planning Conference 7. Other Business: 8. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA ADJOURNED REGULAR SESSION FEBRUARY 16, 1999 Members Present: Link, Brekke, Sweeney, and President Amundson Members Absent: DuBois Staff Present: Mark McNeill, City Administrator;R. Michael Leek, Community Development Director; and Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer, Judith S. Cox, City Clerk; and Jim Thomson, City Attorney L Roll Call President Amundson called the meeting to order at 9:03 p.m. Roll was taken as noted above. II. Approval of Agenda Link/Sweeney moved to approve the agenda as presented. Motion carried unanimously. M. Approval of Consent Agenda Sweeney/Brekke moved to approve the Consent Agenda as presented. Motion carried unanimously. IV. Approval of Minutes SweeneyBrekke moved to approve the Minutes of December 1 and 15, 1998. (Motion carried under the Consent Agenda.) V. Financial A. Approval of Bills Sweeney/Brekke moved to approve bills in the amount of$3,359.50 for the E.D.A.. General Fund. (Motion carried under the Consent Agenda.) VL Small Cities Development Program Grant Award Paul Snook reported that the Minnesota Department of Trade and Economic Development (DTED) approved the City's comprehensive application for a Minnesota Small Cities Development Program(SCDP) Grant for funding in the amount of$877,800. He explained that the funds are to be used to undertake owner-occupied housing rehabilitation, rental housing rehabilitation, and commercial building rehabilitation. The target area is roughly from Clay St. W, to Naumkeag St. E, from the river to 3rd Avenue. A total of 78 applications were received and Shakopee's was one of 33 selected for an award. Our other revitalization initiatives that have been or are currently underway were instrumental in leveraging the SCDP grant funds. Paul will also be meeting with DTED to discuss and plan implementation and administration of the grant in the coming week. Official Proceedings of the February 16, 1999 Shakopee Economic Development Authority Page -2- When asked about the administration of the grant,Paul Snook said that the overall administration would be under the City's pervue. However,the details would be worked out with another agency such as the HRA. Cncl. Sweeney asked why the grant could not be administered through the EDA rather than paying part of the grant to Carver County HRA for staffing. VII. Other Business None VIII. Adjournment Brekke/Link moved to adjourn to March 2, 1999. Motion carried unanimously. The meeting was adjourned at 9:17 p.m. IL4idith S. Cox E.D.A. Secretary Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA REGULAR SESSION MARCH 2, 1999 Members Present: Brekke, DuBois, Sweeney,Link, and President Amundson Members Absent: None Staff Present: Mark McNeill, City Administrator;R. Michael Leek, Community Development Director; and Paul Snook, EDA Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney L Roll Call President Amundson called the meeting to order at 7:49 p.m. Roll was taken as noted above. H. Approval of Agenda Sweeney/Link moved to approve the agenda as presented. Motion carried unanimously. III. Approval of Consent Business Link/Brekke moved to approve the Consent Agenda. Motion carried unanimously. IV. Approval of Minutes LinkBrekke moved to approve the minutes of January 5 & 19, 1999. (Motion carried under the Consent Agenda.) V. Financial A. Approval of Bills Link/Brekke moved to approve bills in the amount of $55.00 for the E.D.A. General Fund and $25.00 for Seagate. (Motion carried under the Consent Agenda.) VI. Small Cities Development Program Grant Administration Mark McNeill explained that staff was previously directed to explore the feasibility of administering the recently announced $887,000 Small Cities Development Grant (SCDG) with in-house staff, rather than contracting this out. He reported that staff has determined that it would take the equivalent of two full time positions to administer this grant over the next three years. He said it would be very difficult to hire somebody knowledgeable in housing issues who is also comfortable in dealing with the aspects of the grant - contractors, owners, and the like. The current workload on the existing inspectors is also a concern, as well as the possibility that if the City could not properly administer the grant there would be a risk for future grants. The overall recommendation is that it would be in the best interest Official Proceedings of the March 2, 1999 Shakopee Economic Development Authority Page -2- of the City to seek outside assistance for administration services for day-to-day rehab administration and utilize staff for general oversight. Brekke/DuBois moved to direct staff to seek outside alternatives for the professional administration of the Downtown Revitalization Program of the City of Shakopee, as funded by the 1999 Small Cities Development Program. Paul Snook reported that part of what encompasses Federal requirements are compliance requirements for environmental review, income verification, fair housing and equal employment opportunity. 95 properties that might qualify for these funds were identified in the application. In response to Comm. Sweeney's recommendation that Scott County be the first choice of alternatives, Paul Snook explained that Carver County HRA has had more experience. He said the Scott County HRA anticipates getting some grants for housing rehab and will have a need to take on some rehab specialists. He also said that the majority of the properties targeted for this grant are for housing units. Motion carried unanimously. VII. Other Business None. VIII. Adjournment Link/DuBois moved to adjourn to March 16, 1999. Motion carried unanimously. The meeting was adjourned at 8:05 p.m. itidith S. Cox E.D.A. Secretary Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA ADJOURNED REGULAR SESSION MARCH 16, 1999 Members Present: Brekke,DuBois, Sweeney,Link, and President Amundson Members Absent: None Staff Present: Mark McNeill, City Administrator;R. Michael Leek, Community Development Director Others Present: Bruce Loney, Public Works Director/City Engineer,Judith S. Cox, City Clerk; and Jim Thomson, City Attorney L Roll Call President Amundson called the meeting to order at 11:42 P.M. Roll was taken as noted above. IL Approval of Agenda Brekke/Link moved to approve the agenda as presented. Motion carried unanimously. III. Approval of Consent Agenda Brekke/Sweeney moved to approve the Consent Agenda. Motion carried unanimously. IV. Approval of Minutes Brekke/Sweeney moved to approve the minutes of February 2, 1999. (Motion carried under the Consent Agenda.) V. Financial A. Approval of Bills Brekke/Link moved to approve bills in the amount of $39.24 for the E.D.A.. General Fund. (Motion carried under the Consent Agenda.) VI. Other Business None VII. Adjournment DuBois/Sweeney moved to adjourn to April 6, 1999. Motion carried unanimously. The meeting was adjourned at 11:43 p.m. Judith S. Cox, E.D.A. Secretary Y Esther TenEyck,Recording Secretary CITY OF SHAKOPEE CONSENT Memorandum 4 TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: April 15, 1999 Introduction Attached is a listing of bills for the EDA and Seagate fund for the period 4/2/99 to 04/15/99. Action Requested Move to approve bills in the amount of $1, 975. 67 for the EDA General Fund and $0 . 00 for Seagate. H I 0 0 0 0 0 0 0 0 0 0 0 O O O II H I 0 0 0 0 0 0 0 0 0 0 0 0 O O II O 1 . . . . . . . . . . • II wfx I 0 0 0 0 0 0 O o 0 0 O O O O II U I ao 0 0 61 0 0 0 0 0 o r t` t` t` t d' O H 0 0 0 0 O 0 O 10 10 10 10 I H . . . . . . . . . . . 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U) Cn Cn C'1 C•1 M 01 C'1 In M 14 d' Cr d' d' d' d' W d' d' d' • O 0 0 0 0 0 0 0 0 0 0 K K K K H ut 0) 0) H K H H H K 0K K O• E K r] N O H H O M 01 M Ul Ul 4M H (I) M 4-4I N N Ol Irl M I") I''1 Cl) G4 O rI M M CO M d' d' d' d' d' 0 H H C'J W W d' d' d' d' d' d' d' W0 H 0 0 O H H H H H H H H R H W A W I:4 01 6, 01 01 01 61 01 CA 61 61 CI. H r1 rI H ri H r1 H H H IX Is' Q 0000000000 0 0 • H01 01 01 61 0l 01 01 01 01 01 H 0 A H rl H H H H H H H H a Q H K /� K K A N U) U) UI U) U) U) U) U) U1 H H K K Z H rI H H H H H H H H 0 0 K K I. ri H H H H H H H H H H H K K CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook,Economic Development Coordinator SUBJECT: Vision Shakopee! Strategic Planning Conference MEETING DATE: May 4, 1999 This memo is provided as a summary of the Vision Shakopee! Downtown Strategic Planning Conference held April 7th. The conference started with posing the general question"What are your concerns and issues about the downtown area?"The group then 1.)established consensus through determining priority issues,2.) formed goals based on those priorities, and 3.)developed initial strategies and action plans to reach the identified goals. A written report is currently being produced based on the proceedings and outcomes of the conference. The conference resulted in approximately 70 participants arriving at a consensus direction regarding priority issues for the downtown area, and beginning to create implementation strategies to address the issues. Seven committees were created, each concentrating on a specific priority issue or focus area: • Transportation& Parking • Streetscape Design • Business Retention,Expansion and Recruitment(Economic Restructuring) • Cultural Development(arts, library, etc.) • Historic Preservation/Building Design • Marketing/Promotions • Riverfront Development In addition to these committees there are the pre-conference committees: steering, fundraising and promotions. The day after the conference(Thursday,April 8)was dedicated to each committee meeting with Bert Stitt&Associates to establish next steps(determine meeting schedules, create next meeting agendas,become educated on effective committees and effective meetings, etc). I attended nearly all of these post-conference meetings and it was unanimous among the participants that the conference on Wednesday went very well. They're also excited to start their respective work. The committees will be working with Bert Stitt&Associates through July. Through the next three months there will be committee meetings,tent meetings(all committees meeting together), and town meetings (community-at-large). -over- CNFRECAP.DOC Generally,the next steps for each committee are: 1. To become educated on the focus areas in general through available literature and other resources. 2. Go into the field and find out HOW other communities have been successful (and how some have failed)in these focus areas. The committees have tentatively identified the following communities to study: Red Wing,Hastings, Stillwater,Northfield,Faribault, and Lake City in Minnesota; and Menomonie, Hudson, and River Falls (or possibly its Black River Falls)in Wisconsin. The reason for observing these Wisconsin communities is that they have formal downtown management organizations. 3. Educate/inform the Shakopee community at-large regarding the focus areas. This is done through meetings,panel discussions, lectures,newspaper article series,workshops, informational brochures and handouts, videos, a library reference section, etc. Educating and informing the community at-large plays a critical role in the strategic planning process in that it shows the community that the committee goals can be accomplished(and have been accomplished in other communities), and helps garner support for the project;the more people understand about the project,the more they'll be willing to support the group's efforts (morally, financially and with volunteer time). 4. The committees then refine their strategies and work on specific tasks,with timeframes and individual commitments keeping the work moving ahead. Vision Shakopee recently adopted bylaws and has become incorporated under Minnesota law. It is also in the process of attaining 501(c)(3)tax-exempt status from the IRS. The steering committee is (currently)acting as the board of directors of the corporation with designated board members serving as officers: John Perry(American Family Insurance)- President John Gutteter(Scott County Historical Society) -Vice President Art Bannermann(Scott County/Edina Realty)-Treasurer Carol Schultz(Shakopee Chamber of Commerce/CVB)- Secretary Jane DuBois(City of Shakopee/Edina Realty) Mark Keuchenmeister(former owner of Technigraphics) Ralph Kromer(St. Francis Regional Medical Center) Jim Rick(ADC Telecommunications, Inc.) John Roach(Roach&Associates Law Firm) Patrick Schroers(Tole Bridge Gallery) Paul Snook(City of Shakopee) Joe Topic (downtown property owner) Brian Turtle(Turtle's Bar& Grill) Bill Wermerskirchen(Bill's Toggery) Duane Wermerskirchen(Real Gem Jewelers) CNFRECAP.DOC VISION S HAKOPEE ! MEETING SCHEDULE Phone:(612)403-3141 or (612)496-9661 TAN 1999 7 12:30 pm- 1:30 pm: Steering Committee @ River City Centre 8 8:00 am-9:00 am: Vision Shakopee!First Friday Informational Breakfast 14 11:00 am- 12:00 pm: Promotions Committee @ River City Centre 12:30 pm- 1:30 pm: Steering Committee @ River City Centre 21 12:30 pm-1:30 pm: Steering Committee @ River City Centre 28 11:00 am-12:00 pm: Promotions Committee @ River City Centre 12:30 pm- 1:30 pm: Steering Committee @ River City Centre FEB 1999 4 12:30 pm- 1:30 pm: Steering Committee @ River City Centre 5 8:00 am-9:00 am: Vision Shakopee!First Friday Informational Breakfast 11 11:00 am-12:00 pm: Promotions Committee @ River City Centre 12:30 pm- 1:30 pm: Steering Committee @ River City Centre 18 11:00 am-12:00 pm: Fundraising Committee @ River City Centre 12:30 pm- 1:30 pm: Steering Committee @ River City Centre 25 11:00 am-12:00 pm: Promotions Committee @ River City Centre 12:30 pm- 1:30 pm: Steering Committee @ River City Centre MAR 1999 2 6:00 pm-9:00 pm: Vision Shakopee!Dinner/Silent Auction Fundraiser @ K of C Hall 4 12:30 pm-1:30 pm: Steering Committee @ River City Centre 5 8:00 am-9:00 am: Vision Shakopee!First Friday Informational Breakfast 11 11:00 am- 12:00 pm: Promotions Committee @ River City Centre 12:30 pm-1:30 pm: Steering Committee @ River City Centre 18 11:00 am-12:00 pm: Promotions Committee @ River City Centre 12:30 pm- 1:30 pm: Steering Committee @ River City Centre 25 11:00 am-12:00 pm: Promotions Committee @ River City Centre 12:30 pm- 1:30 pm: Steering Committee @ River City Centre APR 1999 1 11:00 am-12:00 pm: Promotions Committee @ River City Centre 12:30 pm- 1:30 pm: Steering Committee @ River City Centre 7 8:00 am-5:00 pm: Downtown Strategic Planning Conference .i Holiday Inn-Burnsville 8 All Day Issue Committee Meetings with Bert Stitt&Associates @ River CityCentre 15 12:30 pm-1:30 pm: Steering Committee/Board of Directors @ River City Centre 20 7:00 pm-9:00 pm: TENT MEETING# 1 @ River City Centre 22 10:00 am-11:00 am: Field Trip Committee @ Chamber of Commerce 22 11:00 am- 12:00 pm: Promotions Committee @ River City Centre MAY 1999 6 All Day Issue Committee Meetings with Bert Stitt&Associates @ River City Centre 13 12:30 pm- 1:30 pm: Steering/Board Meeting @ River City Centre 13 7:00 pm-9:00 pm: TOWN MEETING# 1 with Bert Stitt&Associates @ River City Centre TUN 1999 3 All Day Issue Committee Meetings with Bert Stitt&Associates @ River City Centre 17 12:30 pm-1:30 pm: Steering/Board Meeting @ River City Centre 17 7:00 pm-9:00 pm: TENT MEETING#2 with Bert Stitt&Associates @ River City Centre JUL 1999 1 All Day Issue Committee Meetings with Bert Stitt&Associates @ River City Centre 15 12:30 pm- 1:30 pm: Steering/Board Meeting @ River City Centre 15 7:00 pm-9:00 pm: TOWN MEETING#2 with Bert Stitt&Associates @ River City Centre **Issue Committees will be meeting more frequently than listed here(according to each committee's respective meeting schedule) • "Bridging the Past and Future of Our Historic Downtown" OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG. SESSION SHAKOPEE,MINNESOTA FEBRUARY 16, 1999 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, and Sweeney present. Councilor DuBois was absent. Also present: Mark McNeill, City Administrator;Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Community Development Director;Judith S. Cox, City Clerk; Gregg Voxland, Finance Director;Dan Hughes, Police Chief; and Jim Thomson, City Attorney. The pledge of allegiance was recited. Sweeney/Link moved to approve the agenda as presented. Motion carried unanimously. Mayor Brekke gave the Mayor's report and welcomed Chris and Brianna from the Leadership Class at Sweeney Elementary School. Sweeney/Amundson offered Resolution No. 5061, A Resolution of Appreciation for Becky Kelso, Recognizing Twelve Years of Service to Shakopee in the Minnesota Legislature, and moved its adoption. Motion carried unanimously. Mayor Brekke read the Resolution of Appreciation to Becky Kelso, recognizing 12 years of service to the City of Shakopee, and presented her with a framed copy. Becky Kelso approached the podium and stated that some of the most rewarding accomplishments were the result of working with great State Senators and elected officials at all levels. She also thanked the Council for their dedication in attending meetings at the Legislators convenience. She concluded by stating that public service is a great privilege and an honor. The following item was removed from the Consent Agenda: 15.B.1. Stans Park Playground Equipment The following items were added to the Consent Agenda: 14.A. Final Plat of White Pines Addition, 14.C. Amendment No. 2 to the East Dean Lake Planned Unit Development -Res. No. 5064, 15.D.1. Award Contract for River District Trunk Sewer Reconstruction, Project 1999-1 - Res. No. 5065, and 15.E.4. Apportionment of Assessments for Stone Meadow 3rd Addition - Res. No. 5068. Link/Sweeney moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. Link/Sweeney moved to approve the Minutes of December 1, 1998, December 15, 1998, and January 25, 1999. (Motion carried under the Consent Agenda.) Official Proceedings of the February 16, 1999 Shakopee City Council Page -2- Link/Sweeney moved to approve bills in the about of$498,188.53. (Motion carried under the Consent Agenda.) Link/Sweeney moved to receive and file the letter form Kathy Prochaska resigning from the Park and Recreation Board. (Motion carried under the Consent Agenda.) Liaison reports were given by Councilmembers. Link/Sweeney offered Resolution No. 5062, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of White Pines Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5064, A Resolution of the City of Shakopee, Minnesota, Approving Amendment No. 2 to the East Dean Lake Planned Unit Development, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney moved to acknowledge the satisfactory completion of probation and authorize the retention of Bob Forberg and Craig Robson as Police Sergeants effective February 19, 1999. (Motion carried under the Consent Agenda.) Link/Sweeney moved to approve the hiring of Mike Otteson, James Kiecksee and Paul Tessmer as Shakopee Fire Fighters to a one-year probationary period. (Motion carried under the Consent Agenda). Mr. McNeill stated that the sale of Valley Haven Park property in November began a series of meetings due to concerns from the residents, and has resulted in the proposed ordinance for manufactured home park closings. He asked the City Attorney to review the proposed ordinance. Jim Thomson stated that there was a state law enacted in 1987 that pertained to park closings. He said that it requires a nine month notification of a closure, notice of closure, public hearing to address concerns relating to the closing. It authorized municipalities to adopt ordinances to require the park owner to pay relocation benefits and other compensation to displaced residents. It provided the residents the opportunity to purchase the park by matching the sales price proposed by a perspective buyer. The statute itself does not mandate any payments to a displaced resident. It also does not give municipalities the power to approve or deny a park closure as this is a private matter. Mr. Thomson said the residents have three options when a park closes. They can relocate to another park, keep ownership, or sell the home to the park purchaser. He explained that the ordinance has been drafted so that if a displaced resident can relocate to a park within 25 miles the park owner would be required to pay relocation costs. If the resident chooses not to relocate or can't relocate within 25 miles the resident would get the average of relocation payments to other Official Proceedings of the February 16, 1999 Shakopee City Council Page -3- residents. If the resident cannot relocate the purchaser would be required to pay the fair market value, determined by an independent appraiser and paid for by the park purchaser. Mr. Thomson explained that there is a provision that allows the City to provide economic development tax increment financing assistance, if available. Another issue is a cap on how much the purchaser would be required to pay. He said the draft ordinance leaves this blank for the City Council to make a determination on. If the cap is too high, its possible that the amount of payments could exceed the actual purchase price, which would cause legal issues. The residents wanted to be sure that if the purchaser applied for tax increment financing, there would be a time frame in which the park purchaser could not rescind the notice. The residents and the purchaser have agreed to a 90 day notice. The ordinance includes costs to alter the home in order to qualify in a new park . Whether park purchaser should be entitled to a reduction of relocation costs if the purchaser can negotiate concessions at a new park has not been included in the ordinance. Penalty issues and whether they should be classified as a misdemeanor were left in the ordinance. However, Mr. Thomson stated that this is not the likely mechanism of enforcement. A discussion ensued relating to cap percentages of 20 percent and 75 percent. Mayor Brekke asked what percentage the residents are looking for from the purchaser. He said that asking for a percentage higher that what was upheld in the Bloomington case would be a gamble and that they could end up with no protection. He also said if an ordinance is enacted with 20 percent, whether the residents are looking for the other part of that contribution from the City. When asked what constitutes the value of the purchase price, Jim Thomson explained that the cap would be of the purchase price or the assessed value, or which ever is greater. A discussion ensued regarding the residents' right to purchase the park and funding alternatives. David Larson, 8330 Asiatic Ave. W., Inver Grove Heights, approached the podium and explained that he had previously been involved in a similar situation. He said there was no park closing law at that time and some residents of the parks were forced to let their homes go for less than $1,000. He said this motivated the Bloomington City Council to begin the process of what became their park ordinance. He said most mobile home owners are not affluent people and giving up their home can be a financial setback which they may never recover from. He said he hoped that the Shakopee City Council will see that the residents of Valley Haven will be justly compensated for their homes if forced to give them up in the future. Katie Nemmers, William Mitchell College of Law, St. Paul, approached the podium to represent APAC and the residents of Valley Haven. She said the Council has the opportunity to address ontreprenuership and home ownership. She said the Valley Haven park owner is concerned about his property, as are the residents. However, the residents have much more at stake. While nine Official Proceedings of the February 16, 1999 Shakopee City Council Page -4- months may seem like a reasonable time to move, she said there really is no place for these residents to go. Ms. Nemmers cited the Livable Communities Act as a statutory reason for passing the ordinance. She said the City of Shakopee has agreed to having a balanced housing supply for people of all income levels, as well as a variety of housing for people of all ages and stages in life; to add to, and preserve affordable housing in the city, to have the availability of a full range of services and facilities for residents; and improvement of access to housing and employment. She said that enacting a park ordinance gives the authority to ameliorate the negative affects on home owners that a park closing would have. Ms. Nemmers made reference to the Court of Appeals decisions regarding a cap and stated that Elk River, Lake Elmo, Hopkins and Dayton, MN have all passed ordinances without including a cap. She emphasized that the residents feel that they have already made many concessions in the course of discussions and private negotiations. They wanted a resolution with no cap, but have agreed to a 75 percent cap. The residents have drafted another proposal in good faith of reaching resolution, to move from the 75 percent cap to tie the interest in. Jim Thomson explained that that while the Court of Appeals decisions don't emphasize the cap, the trial court decision did address the cap, which was an important factor in upholding the ordinance. He said the problem is that if an ordinance does not include a cap the ordinance would probably pass the test. The second problem is when you apply it to a specific transaction, whether it is a taking. He said the concept of a sliding scale is something that can be worked with but he would be concerned if the total purchase price of this property was $150,000 the City Ordinance required the property owner to pay$112,500 of that. Ms. Nemmers explained that the low purchase price is of concern to the residents and that the $150,000 is half of the current tax assessed value. This prompted the question as to whether there was some type of debt forgiveness or something to make this reflect the tax assessed value. She said the residents would like the total purchase price looked at as total consideration of the sale. She also discussed what constitutes a taking. Betty Larson, 1501 1st Avenue E, Valley Haven Park, approached the podium and stated that the 20 percent cap is not acceptable. She said they want an ordinance that is in compliance with the Minnesota State Law and guarantees compensation, such as the proposed ordinance. She said the ordinance is their insurance and asked the Council to protect the citizens. Scott Troseth, 1501 1st Avenue E, Lot 21, Valley Haven Park, approached the podium and explained that public records show a sale price of$150,000. He said he has trouble believing that a sale price could be less than the County tax value of$291,200. 20 percent of his home, using either the tax value or sale value, would be just over $1,000.00. He said he could not put a decent down payment on another home with 20 percent. _AMP= Official Proceedings of the February 16, 1999 Shakopee City Council Page -5- A discussion ensued in which Mayor Brekke stated that the Council is attempting to pass an ordinance that will protect the residents. He explained that if this ordinance goes to court with a 75% percent cap the courts might determine that the ordinance is invalid and the residents would end up with nothing. Mr. Troseth stated that he understood that the City is attempting to prevent the ordinance from being considered a "taking," but also asked who is being "taken" at 20 percent. Jim Thomson stated that the ordinance was drafted so that the cap is either of the purchase price or estimated tax value, which ever is greater. He also explained that there is a risk to the park owner in negotiating a low purchase price because the right of first refusal is a lower number, and the tenants have the right to match the purchase price. Anna Troseth, 1501 1st Avenue E, Lot 21, Valley Haven Park, approached the podium and stated that they have taken risks for 9 months, and gone from asking for no cap to agreeing to a cap and 75 percent. She said over the last three years she has put over $8,000 into her home and now is expected to take $1,000.00. Jerry Ince, 610 Menke Avenue, of the Social Justice Committee of St. Marks Church, approached the podium and explained that they passed a resolution supporting APAC's efforts to have an ordinance passed. He said that this park has been a very good source for low and/or marginal income, affordable housing. He also said that in his opinion, 20 percent cap would be too low and recommended a 50 percent cap. Mark Lambert, Attorney representing the owner of Valley Haven Park, approached the podium and thanked Mark McNeill, Jim Thomson, Mayor Brekke, and the residents of Valley Haven for their efforts in attempting to reach agreement. He said that the ordinance doesn't offer a solution to solve the problem other than to require payment. He said this is similar to the Uniform Relocation Act. The problem is how to find funds for a park when it becomes too old to serve the purpose it was intended for. He explained that the park owner's intent was to be fair to the residents. Early on in this process he proposed going to the State Legislature to propose an amendment to the TIF District Statute that would allow automatic TIF funding when a park closes. However, this was not acceptable to the parties. Mr. Lambert said the cap belongs in the ordinance and they have moved forward on the basis that a cap would be based on the Bloomington model of 20% percent. He said the sliding scale poses a strong risk of litigation and emphasized the recommendation to use TIF funds, and said the real issue is how to make sure that economic assistance occurs if there is no TIF so that all parties feel this has been a fair transaction. In response to comments about the sale price, Mr. Lambert said the correct sales price is $150,000. He said there is some agreement to remove an underground storage tank at a cost of approximately $10,000 and a broker commission. He said with respect to $70,000 in rent the Aimmimminm Official Proceedings of the February 16, 1999 Shakopee City Council Page -6- $60,000 net income is grossly over stated. He said typically, the gross income is about 60-65 % of the rents before making the mortgage pmt. He said the thought that this is all profit is unrealistic. A recess was taken at 8:35 p.m. The meeting was re-convened at 8:45 p.m. Mayor Brekke stated that there will be no final action taken because there are issues to be resolved and Cncl.DuBOis is not present. There was a consensus to direct the City Attorney to use the sliding scale as provided by the Valley Haven representatives to draft a modified version that he would be reasonably comfortable with in terms of its ability to be constitutional. Jim Thomson said another issue is whether the park owner should have to pay for the repairs or modifications to the home in order to be accepted in a new park. Total relocation benefits and compensation will not exceed whatever the percentage is. He said it is the intent that if that item is included in relocation costs, it is within whatever cap is adopted. After discussion, he said language could be added so that relocation costs could not exceed the fair market value of the home. A discussion ensued relating to free moving costs. Ann Juergens, Supervising Attorney, Wm. Mitchell Law Clinic, St. Paul, MN, approached the podium and stated if the free move were turned down for the mover of the resident's choice there is a lot of control to lower the amount that the resident would get. She said it is in the best interest of the resident to choose who will move them and where they will go within a 25 mile radius. Jim Thomson explained that it would be reasonable for the park owner to find a site acceptable to the tenant and to negotiate with the new park purchaser to pay relocation costs. He said he did not believe this would ever be pursued either civil or criminally. In response to financially binding another Council, he said that the binding is to make a good faith effort to provide Tax Increment Financing. When asked what would happen if there is no TIF, he said he would look into this and come back with a recommendation. Ms. Nemmers stated that the residents would like the misdemeanor language left in the ordinance. Councilmembers agreed. A recess was taken at 9:03 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting was re-convened at 9:17 p.m. Official Proceedings of the February 16, 1999 Shakopee City Council Page -7- Michael Leek reported that Coldwell Banker Commercial, Garfield Clark & Associates requested a Conditional Use Permit (CUP) for multiple structures on one lot and for up to 80% office use with a 20 foot rear yard setback in the Heavy Industrial (I-2) Zone, for property located west of Valley Park Drive, north of 169, and south of 12th Avenue. The Board of Adjustment and Appeals reviewed this and denied the request because they felt it would be more appropriate to view the property as a Business Park Zone in the future. They were also concerned about the setback variance. A discussion ensued in which the question was asked, whether there is sufficient B-1 allocated for future growth to meet demands. Michael Leek stated that there are not associated retail uses that serve larger corporate entities. This is why the Planning Commission is looking at a Business Park Zone to allow some retail as a component of Business Park Zoning. Brent Nelson, Golden Valley, Coldwell Banker Commercial, approached the podium and stated that they have met many customers that would like to own the property in which they office but cannot find adequate, or closely adequate available property at this time in the small business affordability range. He has requested four 12,000 square foot buildings on 3.9 acres in the first phase. He explained that the 20 foot discrepancy is a side yard in their layout but is considered a rear yard. He also noted that there is so much green space between the property line and the highway right-of-way that 10 feet would not be noticeable. The 80% comes from not knowing who their clients will be. He said they are trying to remain flexible for those who may need 100%. Parking is provided and available for 100% office use if necessary. Sweeney/Link moved to approve the appeal and conditional use permit, and direct staff to draft a resolution consistent with that determination, for multiple structures on one lot and 80% office to warehouse ratio in the Heavy Industrial (I-2) zone for property located in the southwest corner of 12th Avenue and Valley Park Drive. Motion carried unanimously. Sweeney/DuBois moved to direct staff to expedite the Zoning Ordinance modification as proposed, relating to business park zoning. Motion carried unanimously. Mr. McNeill explained that the total cost of new playground equipment at Stans Park, including installation and a rubberized surface under certain equipment, is $19,600. He stated that no quotes were taken on this due to concerns of compatibility of different equipment to match the current equipment and liability concerns. Since this amount is under$25,000 bids are not required and he requested that the requirement for quotes, for purchases over $15,000, be waived and the purchase be approved. Amundson/Link moved to authorize the appropriate City officials to purchase new playground equipment from Earl F. Andersen, Inc. with funding to be allocated from the Park Reserve Fund. Motion carried unanimously. Official Proceedings of the February 16, 1999 Shakopee City Council Page -8- Link/Sweeney offered Ordinance No. 539, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 6, Business Licensing, Subd. 5, Restrictions and Regulations by Amending Item A, and moved its adoption. (Motion carried under the consent Agenda). Michael Leek reported that staff has prepared an interim ordinance based on input and direction received at the joint workshop with the Planning Commission, in which the desirability and efficacy of imposing a temporary moratorium on residential development within the City was discussed. The ordinance sets forth the types of studies to be undertaken and the goals to be accomplished. Sweeney/Link offered Ordinance No. 540, Fourth Series, An Interim Ordinance of the City of Shakopee, Minnesota Prohibiting Approval of New Residential Plats, Planned Unit Developments, and Conditional Use Permits, and moved its adoption. Sweeney/Amundson moved to amend Ordinance No. 540, Section 4, by inserting language that the Ordinance shall remain in effect until December 1, 1999. Motion carried unanimously. Motion carried unanimously on main motion, as amended. Link/Sweeney offered Resolution No. 5065, a Resolution Accepting Bids on The River District Trunk Sewer Reconstruction Project No. 1999-1, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services for the City of Shakopee for the 1999-1 Project. (Motion carried under the Consent Agenda.) Link/Sweeney moved to authorize a 10% contingency amount for use by the City Engineer in authorizing change order or quantity adjustments on the 1999-1 Project. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5067, A Resolution of the City of Shakopee, Minnesota, Accepting and Adopting the CSAH 42 Corridor Study with Qualifications, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5069, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive, from Sage Lane to Miller Street,Project No. 1998-2, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney moved to direct staff to write a letter agreeing to pay the City's costs as outlined in Scott County's Federal Aid Preservation Application of existing Scott County signals in which LED signal lights would be replaced and emergency vehicle preemption(EVP) would be installed. (Motion carried under the Consent Agenda.) Official Proceedings of the February 16, 1999 Shakopee City Council Page -9- Link/Sweeney moved to find that Jeanette Shaner has successfully completed the probationary period for the secretary position in the City Clerk's office and that she be awarded permanent, full-time status in that position. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5068, A Resolution Apportioning Assessments Among New Parcels Created As a Result of the Platting of Stone Meadow 3rd Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney moved to direct staff to prepare an amendment to the City Code addressing the education requirements for masseuse and masseur licensing. (Motion carried under the Consent Agenda.) Link/Sweeney moved to waive the education requirements of the City Code and ratify the issuance of a temporary 30-day masseuse license by the City Clerk to Dana Loerzel at Balancing Touch, 415 East First Avenue. (Motion carried under the Consent Agenda.) Link/Sweeney moved to approve the "Assignment and Assumption of Developer's Agreement" between contractor Property Developers Company and D. R. Horton Custom Homes for certain property in Southbridge 2nd Addition and authorize the execution of the "Consent and Release". (Motion carried under the Consent Agenda.) Link/Sweeney moved to authorize the City Clerk to release the letter of credit from Contractor Property Developers Company for certain property owned by Contractor Property Developers Company in Southbridge 2nd Addition upon the receipt of a letter of credit from D.R. Horton custom Homes for uncompleted public improvements and a maintenance bond from Contractor Property Developers Company for completed public improvements. (Motion carried under the Consent Agenda.) Randy Sampson, President Canterbury Park, approached the podium to inform the Council that they are working toward proposing legislation to allow the State Lottery to conduct casino gambling at Canterbury Park including slot machines and blackjack. The proposal would have Canterbury Park hosting the facility, but the gaming would actually be run by the Minnesota State Lottery. He explained that their goal is to make horse racing more successful by increasing purses. The proceeds would likely be dedicated for a specific purpose, however, at this time that purpose has not been determined. Mr. Sampson recognizes that both the City and County will incur extra expenses such as infrastructure costs such as signals on C.R. 83 at the entrances to Canterbury, extra policing, and social service type issues would increase. In addition, EMT calls for ambulance would increase as well. Therefore, the bill should contain some funding mechanism to local governments. Official Proceedings of the February 16, 1999 Shakopee City Council Page -10- Mt. Sampson asked that the City of Shakopee send a letter for inclusion in a packet for the Legislature, stating that it would be supportive of casino gambling at Canterbury. Mark McNeill stated that the City would need to make sure that whatever language was included would sufficiently cover the funding to recover direct and associated costs for both the City and County. Michael Leek reported that after reviewing design standards in the B-1 district, staff found that corresponding zoning districts in other cities in the metro area have similar or more stringent requirements. A public hearing was held by the Planning Commission and four alternative approaches were outlined by staff for their consideration. The public hearing was closed with a recommendation that no change be made at this time. Michael Leek asked for direction from the City Council on the alternatives which involve a reduction of lot size requirements in the B-1 district, a reduction of setback requirements in the B- 1 district, elimination of the additional setback requirement from adjacent residential zones, and the allowance of smaller lots or lesser setbacks as a conditional use in the B-1 district. A discussion ensued in which minimum setbacks and the flexibility of a zero lot line setback were discussed. Sweeney/Link moved to direct staff to modify the B-1 zoning to allow smaller lots and lesser setbacks as a conditional use in the B-1 zone. Motion carried unanimously. Bruce Loney reported that a bill for the SPUC watermain oversizing of$168,839.10 was sent to SPUC in February, 1998. However, in reviewing the invoice and documentation, the Utility determined that $11,090.04 should not have been charged to the Utility according to previous Public Utility Commission resolutions. At the time the assessments were prepared, the project was assessed based on calculating the watermain oversizing cost. This calculation was done by a City staff person with a SPUC staff person assisting. The invoice sent to SPUC was inadvertently not sent until 1998. Staff has since reviewed the invoice and determined the amount they should be responsible for. The issue is that there is $11,090.04 which is a project funding shortfall that would have been assessed had the watermain oversizing costs of $157,749.06 been known at the time of assessment. The shortfall can be absorbed, a supplemental assessment hearing can be held, a request can be made for Valley Green Business Park to voluntarily pay the $11,090.04, or an invoice can be resubmitted to SPUC for this amount. Sweeney/Link moved to direct staff to prepare the necessary resolution to conduct a supplemental assessment hearing for the $11,090.04 project funding shortfall. (12th Avenue Improvement Project, 1992-4) Motion carried unanimously. } Official Proceedings of the February 16, 1999 Shakopee City Council Page -11- Mayor Brekke asked that the Sign Ordinance be addressed immediately. He said he felt that the new signage on Marshall Road was excessively large and asked that the Planning Commission make a recommendation on this. His concern is that the large box developers planning to come into the area have a clear understanding of the ordinance and that the Council does not want to see variances regarding signage. Cncl. Sweeney said it is important to retain the ability to allow public buildings to deviate from the Sign Ordinance on grounds that some people are not familiar with the location of public buildings such as the schools, city hall, and the fire station. He said it may be appropriate to have larger than standard signs on these buildings. There was a consensus and a letter will be drafted to the property owners on Marschall Road regarding the Sign Ordinance. The ordinance will also be changed to reflect the suggested changes regarding public buildings. Sweeney/Amundson moved to nominate Bill Anderson and Larry Moonen to the Cable Communications Advisory Commission. Sweeney/Amundson moved to cast a white ballot to nominate Bill Anderson and Larry Moonen to the Cable Communications Advisory Commission. Motion carried unanimously. Prior to the council meeting, Councilmembers voted on the candidates nominated previously to fill expiring terms on various boards and commissions. The results of the balloting are a matter of public record. (CC Doc. No. 269) Sweeney/Link offered Resolution No. 5066, a Resolution Appointing Individuals to Various Boards and Commissions, and moved its adoption. Motion carried unanimously. A recess was taken at 10:10 p.m. for the purpose of conducting an executive session to discuss labor negotiations. The meeting re-convened at 10:22 p.m. Sweeney/Link moved to approve the Uniform Settlement Report Form and direct staff to forward it to the State. Motion carried unanimously. Sweeney/Amundson moved to approve the items reviewed for the Public Works contract for the years 1999 and 2000, after the language is drafted staff can bring the contract back on the consent agenda and then proceed with retroactive checks once the contract is signed. Motion carried unanimously. Official Proceedings of the February 16, 1999 Shakopee City Council Page -12- Sweeney/Amundson moved to direct staff to review the agreed upon settlement with other employees and the potential impact of treating them the same way as the Public Works people were treated. Motion carried unanimously. Link/Amundson moved to adjourn. Motion carried unanimously. The meeting was adjourned at 10:25 p.m. tloa 626 th S. Cox Clerk Esther TenEyck Recording Secretary 1 g CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: April 15, 1999 Introduction and Background Attached is a print out showing the division budget status for 1999 based on data entered as of 04/15/99. 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, 975 . 67. 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 $12, 805 .45 . Action Requested Move to approve the bills in the amount of $607,438 . 61. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 04/15/99 CURRENT YEAR ANNUAL MONTH TO DEPT DEPT NAME BUDGET PERCENT ==== ______________________ _=========___________ _=====ACTUAL=====__ = DATE ______= EXPENDED 11 MAYOR & COUNCIL 74,080 214 17,258 12 CITY ADMINISTRATOR 23 219,200 12,495 52,059 13 CITY CLERK 24 201,220 11,977 48,048 15 FINANCE 348,770 24 16 LEGAL COUNSEL 16,336 80,947 23 269,000 52,430 118,543 17 COMMUNITY DEVELOPMENT 44 751,720 23,996 112,380 18 GENERAL GOVERNMENT BUILDINGS 5,677 41,472 18 232,230 31 POLICE18 32 FIRE 1,930,119 114,155 472,795 618,42024 33 INSPECTION-BLDG-PLMBG-HTG 27,131 177,96,962 2 219 4 326,710 21,111 77 41 ENGINEERING 24 507,620 32,052 119,217 42 STREET MAINTENANCE 827,73023 44 SHOP 24,271 158,854 145,330 19 46 PARK MAINTENANCE 10,589 37,040 25 487,090 36,150 95,743 91 UNALLOCATED 594,550 20 195 -255 -0 TOTAL GENERAL FUND 7,533,789 388,779 1,550,070 21 ________= 00 N/A 17 COMMUNITY DEVELOPMENT 0 0 175,551 500,630 0 495 81,440 16 TOTAL TRANSIT 500,630 495 256,991 51 19 EDA 403,170 6,165 20,829 5 TOTAL EDA 403,170 6,165 20,829 _ __= 5 H ' 0) of a a as x xxxxxxxxxxxxx x x x x x xxxxxxxx x x x 01 HH 0 0000000000000 0 0 0 0 0 00000000 0 0 0 0 H H -- a w al aZ H p H z 4 zz at 1 a) w H Ut H U) U1 H OO CO tO V)to t0 to lO t0 tO t0 l0 l0 t0 t0 M M O i-] 0 d,d' M t0 tO t0 tO t0 t0 t0 tO t0 tO t0 tO tO M N M to O to to H OD CO OO CO OD CO CO 00000CO 00CO CO N M 0 0 CO U1 d'd'dr TV TV V 0 OO H M M d' to tO t0 t0 tO t0 t0 la t0 t0 to t0 l0 t0 t0 OO to 0 N al tO t0 tO to to to to t0 a H 0000 to 0000000000000 0 H 0 00 co 0)0in 000 111 in 000 O 0 Q,' t0 tO N 0 0 0 0 0 0 0 00 0 0 0 O 0 N N U)0 O H ri r-1 ri ri ri rH ri H ri ri ri H 0 M O ri 0 00000000 l- O O H CO in NNNNNNNNNNNNN m M d' N v W MMMMcrlfrl0 r H r"1 za Mr- N MMMMMM0101rrIMMMM M d' tO M t0 NNNNNNNN d' N M M W d'M d' d'd'w C d'd'd'd'd'd'd'd'd' d' d' H C H d'd''Or d'd'd'd'd' M d' WI O LQ 1 1 I i i i i 1 1 l l 1 i i 1 i0 N dr N co1H1 M H H1I o r-i H Ug HO H ri ri rl ri ri ri rH ri a ri ri ri 04 H H o ri U H H d' H Ul N M U101 4-1 ri N M N N 00 in at 0 N 00 M Ul a)N N co N H O H 0t 4 Z 0 001 0 0 0 0 0 0 0 0 to 0 0 0 0 0 0 0 001 o Ort 0 0 0 0 0 0 0 0 N 0 H W U w 0 0) U] H O W 0 z w D O Orn z w H ° CPw(�7y H H ZHHHHHHH ca H w Cl)w 0.H UFC H RHHHHHHH H D l-1 E-I P4 U WU W CD Z " g "' H al Z W ;�O Cl) WWWWWWWWWWWWW P H W H H 0 0 A 0 HEn z 0000000000000 \ W 0 W wzzzzzzz 4 H Cr) Z FC xxxxxxxxxxxxx a wpaCU0 WO as a as a a a a aaaa w , 000000 x 444 w a s 0 W W W W W W W W W W W W W > w H W H H a a a a a a a H c4 E-1 a a s a a a a a.1.1.1 0 0,-1 4 W 3 a '.D pHHHHHHH rD w O PW w wwEll wwwwwwEll wwft) w 01 w 01 0tPp0D3D3 0 a a OX Z HHHHHHHHHHE-HHH H 0 W H W W01040 0)0)01 01 >+ 0 w as ci U1 01 H H U Z U• �. 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CO- V} l0 in- aCil HC.)U R: Ct. H H 0 2 C4 a a 0 Z w CO H HE-i 114 X N g z ZHoaW> I C a 0z WzCu> a a u) > q }i b a X 0 ul H Z CO0 x w H H /) a >1 C4 IDL. H is 0 X qa a as 0 A H � A w 4 Z H 3 X x H U1 ELI Q r4 a, al Ci) 01 01 Z 0 W V PIZ E-i 0 0 0 W aL. U H W H 0) CO P4' a H COteW IQ UH Ln o Hs a0 01 0 o O O O to p H N N M d. W H M W to a0 N V I-1 0 H r W w w c' N N N N N a0 CO H 4t 4t it 4* 4k 4t 4# 4* 4* 1t 4t it It It U q q q 0Zz" z z z Z z z z z 7. Z z z U Ct. C:. Ct, Ct. C*. lx. CEL. lx, CIx. Cwt, CIt, IL, W rat. 9f91 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request of Greg and Renee Pass to Allow a 4' High Fence 15' from the Curb on Vierling Drive MEETING DATE: April 20, 1999 INTRODUCTION: Greg and Renee Pass have submitted a letter that apparently requests City Council approval to construct a 4' high fence to be located 15' from the curb on Vierling Drive. DISCUSSION: Chapters 4 and 11 of the City Code govern fence height and setback. City Code Sec. 4.03, Subd. 3, D.1. This provision provides that fences over 3 feet in height that are proposed to be located in the front yard setback require a conditional use permit. City Code Sec. 11.81, Subd. 1 provides that, for lots abutting more than one street, the front yard setback shall be provided for each side abutting a street. The front yard setback for properties in the R-1B zone is 30 feet (See City Code Sec. 11.28, Subd. 5, C. The Pass' letter refers to a"50 ft. set back regulation." This apparently refers to the distance from the curb to the required setback. There are a number of reasons presented in the Pass' letter in support of their request. Such reasons would appropriately be presented in a CUP request. Staff will be happy to address each of them at the meeting. Staff is compelled to point out that reason number 8 is simply erroneous. This is an apparent reference to the proposed Kmart. The City has not changed its zoning codes to allow this or any other large retailer, to develop on the B-1 zoned land around the intersection of Vierling Drive and Marschall Road. ALTERNATIVES: 1. Direct City staff to issue a building permit for a 4' fence to be located at the property line as requested by Greg and Renee Pass. 2. Direct the Pass' to submit a conditional use permit request for consideration by the Board of Adjustments and Appeals. 3. Table the matter for additional information. STAFF RECOMMENDATION: Staff recommends alternative 2. ACTION REQUESTED: By consensus or by motion direct Greg and Renee Pass to submit a CUP request for the desired fence. R. Michael Leek Community Development Director i:\commdev\CC\1999\0420! At* * yeaux cPazd. -Pondritito Owl 635-71 ; Liq , -afoot, - / ole VARLY 9t-c ake, (kwe Aifi etuu:g Licido/wet /Sift ',toy wi4 fliattai AL inmistui back) Ouh buyi tiL)/ i&orty, az, t4Lemady. azeizti a. 3, net ij _ Id Air i m • *Wye co a 4/3 omit en,c.e ,klato • akek cold dc iuto Auntiou Am Atackir, CVO p/ .2) U 4u pizi./dMi 4,0- tackptallk truA chialthm a Z, iY5 6n A' °A-ad-1_4 Ai W1,n et, ao 3) ykixidaLkum_ ort, ktoji Uzi tify Wiled to) nei back, mon_i 4,Lak, -41. 0.4 id-ad/L.46(k iklytt_C-A4141a 4,f &ddiitw an d4 , Lirtho . 1.) kike 30mph 4pued t 4 In '6-Ivxd Azot J2eirtmad 1 ______Akuj Odic 611i4Ovr1.0 JaH-4 OW-K. VI 1 0 /• * 4/ 1/41Ae' IN-4e w-e xiunctd (4,-e altb uiv C(4 w-uh Loty. azj,4 e‘i 40tdri 4ket., - 7) 4ti tita, Lix (-Atm "0244atiu " Atditttick&- 0,07 (itiaco• tp_ce2 Avatuf Ottd .741 J &4thi tria, •ct1ffi4UQL1. low daLL_Jk (0- JI/Latittia,_ i4 01-0, Petriti Ji Vuthily )0107i" (4evid, tut iitould &4e dill /eua, gift sib LjW tie _Jam Llo ailRo Lakie Athubio u __Aggdtri,-ti tut (btu 3.Yekiy -041ffidd A/40 L-6-e tod12 _Gib_ ctccuty_ (06114 40a, dek,Whey Cth.311AU _ ( _aJD fin lowed' iz RECEIVEn Ci1A-PdA242. APR 1 .7, 1951--- -CITY-OF SHAKOPEE i 1- a41 /3/ %or 'veeu> Co, 0/4/€0,o , iVA! 6277 1 - irts70V-A- 1—w ------ ' Certificate of Survey fo :\ NoRrN •5 c,,•+, 2% 635.23ft, 4• lS'22 '44' 1'' r" V- 170.$a . : •� C.%AI - ti'v., OP - ... 30 s't " VIA., -- Is • • . I.. :WI i ; I ../ , , • • ... . 7.,/.8,, .., , , ; . . . • .. 4, . . ietii --• --- ' c e....,,...„..0 . . i t , krii o Q i • t7 o7a. 78(0.7 • )4.0.00 h9�5s Xo � ,JO•ID„ � -y 9/ ins � / � 6! 1 9 PND . Ow s� E vart 41 ( A soap Denotes ex/sftn t"levat on - GOURT • Bowes Foor eva ror1. T ION ro ced Elevo ton lock Elevation "12.40(9. • _o.o Denotes p P. T of 8 ��_. �Denotes Drama ef Utifiy Easement- • . .Top pra e Slab Elevation I --,.- Denotes Oran e'flow arrows o Peng:Fes Dtt stf l-lub Denotes monumentmimed Sub eco` o. asemen�s orRecord ; Bedrin s shown. are ass J • . MW5 ::gin A pn�rraw z THF • EMO a� BL ��� ' Registered Land$urveyu Scary coUNTY MINNE50TA 1 1 h�fsby c�rtlty that th{s w1 ey.m plN or report was prepared by me or unde my direct Wpervition and that I am duly Rep Ste deY vt A.O.19��-. :. i under the laws of the San of Minnesou.Dated this - I / • • . � ' i * Caie • 1 .r..L.._____ ....... b-s R•OVA.;Z. 4S.RE4•NO.1091 1 L/ aa� '3/ ' -°tnteu awli 491 -lint, 0 )4977.€ 67 Llitk, ittii 4-en4 ct,)-c j''' ' oie ,11{111, 9' . 111-7t atiti4: Lit /5 J 2)tan14u cuh h ked �D if eat i) No Mimi d g tut_)) AL bili, &wit, 0.72, r,4- aLpec -ly, 313Ae.12.0, Jiuty-ftt ; a. 3& ba ) y ne_ urndol urnu1r 04'_466 et, ctiatvouni az a 111S (.41,d1 rvi/c.,e - ,I-0 -keep qui,k pe-m) eitm,b4 ert , di& eine ct' l ' L tap lulu Fair Mathfl5 2) CO- kt pijavni 51) I xfi, ha c L &e itt&v)r, clot cls Aim 4t4 awd 4Ad,box Maid 'lian.. 4k o%- dt. oZ 4 na , ao voeu(d (fit (; Not waa a itc oA coot. oda I/&def, W 7 MI `lei iati bad mote caak. /51 4) X11 fie 'A 60 eo. Qratit ave tiic fa tizc (in '_4,fx9c �vyu di 4tA adclitizi7 ` ✓ Coo and ( aup 5) ju 3bmph d afruf L4 4 ', 'toux61 ,0 4 V-1 0 , IP) VVV etc-it c2 1 . l i ity, Li0/47)6dtr,ditiu ,; -1-&',0/76-4_' i,i6Le tiftti W? u iti t-CK a1La ov Lb/pc po-g,, 0,6 we LL5-tai a<5 Loty, u6 Jj (j Vi C& e. 7) %NO Ulla, dkiti- 1.tx uttave I'01 7 0,0 (itt ad Aldvaara. aid MAI L� G(%' 2./f-e Oth, Y , r n Ott .bxX , ly'i� dir) .kc w�.e ; a ,, d- Ls `i 14 e ��d UcQ,w (/� pie nf .�� , C�'�tlt� q _ lJ1�th, I�IJ(_/,/',yjA1'Jd, U' ZV1 d 0 , do L � �'' , J fl s) am c ett /kw-) Lt C z Al I f ,: Cocom Li �a ( �,e A.e ta.. ci,kc f n, ai cw a, j IJi&d° Amu 4e toil Leetq Gib ckail codia Lnoil. diu piAof-1-111-) '14, • LID U ', nA ,- ,► a `Wu,1 RECEIVED 1 Com' tet.. APR 1 3 1999 CITY OF SHAKOPEE • • t L'P-Ostt 19 I „ALI., t ,,(14 1 1 /3/ ,orvv Cou4,-/- \ _ Certificate of Survey for: _ /V v v rte-__ NORTH • \ -----____v I EFS ---- AVE`A "-- -- .�•-- N s c,,s K= 635.73 - 4' /5" 22 '44" -a ''-�' `Y f� '43170. a :, • s .a...!" %11t .17 )t. b 3o K t a.tiS,„ k,\ '' is :liAli I 4' ,t O0 • • t : r R2oib►en GA R. r_ .1* t, 1 ,4. M .•p tZ.�� �W 'll s' .N 1 r' h 7241 ID' I,oco►Nr' 11011 t Pr-PI.— vS 0 ,1 f i 1 r I.. 42144) - .., - r u� w _ lh/�1' ‘ i . //PP&r7' 78r,.�`, 0.19 • . a . ra • ,y_9� ins / >z ) 6 /4 ( 3 9 P Np 1/I��! '`a .'9E� K ! - --VAT1oN 900.0 Denotes ex�sf�n Elevation GI �J�'� •. Lowes Poor, eva ton es o ded Elevation 'Block Elevation �89.0 • yoo.o Denotes p i Uti l i t Easement; Top o � 1,-.L:.....:-..---� Denotes I7ra�na � .� Gcrra e Slab Elevation 7g8.�+ ��!--,.- Denotes Drain e•flow Arrows o �pe�no•. es Otts�f /dub , a Denotes monument � ed Subject.� tn' Easements or Record gecxrin s shown. are ass m .. LOL — ,BLOC� THEMEACC� /NNESorgRegistered Land Surveyor 1 hereby oar [o�KrY Mtify that this surr vey,plan or report was prepared by me or and my direct supervision end that I amduly under the laws of the Stan of Minnesota.Dated this -day of A.D.1944-• , Cale • 11 ° / / ./ - , / R•BERT B.SIKI L.S.REG.NO.14E91 $g lr)b t 17 )iiticiaiminon764 • 1 411(' 414 CITY OF SHAKOPEE q. 8 • Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Traffic Study for Marschall Road and STH 169 Intersection MEETING DATE: April 20, 1999 INTRODUCTION: The Council directed staff and the City's consultant, WSB, Inc., to prepare an overall study of traffic in this area. Some of the information required by WSB to complete the study was not received in time to present a full draft report to the Council on April 20th. Presentation of the draft report will be placed on the Council's agenda for May 4`h. Some of the preliminary findings will be shared with the Board of Adjustments and Appeals/Planning Commission on Thursday, April 22, 1999 as it reviews Oppidan's request for CUP and preliminary plat approval for property located at the northeast corner of 17th Avenue and Marschall Road. ACTION REQUESTED: No action is requested at this time. R. Michael Leek Community Development Director CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Vacation of Blanket Easement in Marymark Addition (760 7th Avenue West) APPLICANT: Scott County Abstract& Title, Inc. (Kenneth& Janet Theisen, property owners) DATE: April 20, 1999 Introduction The City Council received a request from Scott County Abstract & Title, Inc. to consider a partial vacation of a blanket easement which encumbers the above described property, located in Lot 7,Block 1,Marymark Addition. Discussion This blanket easement was granted to the City of Shakopee for the general placement of electrical transmission lines and structures where needed. Shakopee Public Utilities(SPUC)has investigated this matter, and determined their transmission lines are located along the southerly lot line. Therefore, the entire blanket easement is no longer needed. SPUC however,is requesting the city retain the south five (5)feet of this easement along the south property line of said Lot 7,Block 1,Marymark Addition. The Planning Commission reviewed this request at their April 8, 1999 meeting, and recommended approval of the requested vacation. Alternatives 1. Approve Resolution No. 5117 approving the requested vacation. 2. Deny the request to vacate the subject easement right-of-way. 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 requested vacation. Action Requested Offer and approve Resolution No. 5117, approving the requested easement vacation. i:\commdev\cc\1999\cc0420\mmarkvac.doc Mymark Vacatn or ii 1 Ø11 ►►►► ►►►►i� � 1 111 ■■ 7 ...�1���/111 ► 111��1►►11 ►►100111►1 ..1►1� ►►► 11111 1►►11►11_ ►► � �. _,i/11 111111►1 11111►111101► A ►1111. ►1111 1111==1_= ►111111 ►1 1111:: azio 03 AO alIMlAIVl dNIIOIniMM1IS0I1Ie1IImN I 111111 ►► .11 1_�1 11111 .►11►116mmso0T-_—A3]_1 ►►111 GO►11111 111 a \ o._', ioRvsIo=—_-_-— 11 iItI111►11 111! . ., 1 ►11:: V � 1111 ►►► 111111► 1liiO . I-Mi ! iiIiiIV111%; 111. 1111 ! 11►1►��■�__,111 ,:■■► 1111111 ■■.,■ 9 :I a j 1111 ■ � ..i:'.tateCorrection Facility v — — -- •• .= For Women a — . .. - _= MI . M , -- MI ��� Zll�� ME � 1�h Avenue —_ I -- -— E 4,, wili 0 * I :1 El Ii. 111111b11 W#0r I 4* ■ iii � � � ��� � Parcels Illibill SHAKOPEE �, _ COMMUNITY PRIDE SINCE 1857 W i E S t:Igislprojectst itemap.apr 17March199913:09:55 RESOLUTION NO. 5117 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF A BLANKET EASEMENT LOCATED IN MARYMARK ADDITION, CITY OF SHAKOPEE, SCOTT COUNTY,MINNESOTA WHEREAS, a blanket easement was granted to the City of Shakopee over and across Lot 7, Block 1, Marymark Addition, City of Shakopee, Scott County, Minnesota, and filed for record in the Recorder's Office of Scott County, Minnesota, for the purpose of constructing and maintaining electric transmission lines; and WHEREAS, it has been made to appear to the Shakopee City Council that part of this easement which encumbers Lot 7, Block 1, Marymark Addition, serves no public use or interest as a result of the electrical transmission lines and other utilities are located in the adjacent platted alley; 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 20th 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. 2. That the blanket easement, located over the following legally described parcel, serves no further public need, and is hereby vacated: Lot Seven (7), Block One (1), MARYMARK ADDITION, according to the recorded plat thereof, City of Shakopee, Scott County, Minnesota, except the South Five (5)feet thereof. 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.5117 PAGE 2 OF 2 Adopted in session of the City Council of the City of Shakopee, Minnesota,Held the day of , 1999. Jon P.Brekke Mayor of the City of Shakopee ATTEST: Judith S. Cox City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,Minnesota 55379 10. e) . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: McGuire Circle, McGuire Court and Muhlenhardt Road Public Hearing DATE: April 20, 1999 INTRODUCTION: Attached is Resolution No. 5118, a resolution ordering the improvement and plans and specifications for Project No. 1999-2 for the improvement of the following streets: • McGuire Circle within the Plat of Riverview Estates • McGuire Court within the plat of Riverview Estates • Muhlenhardt Road between County Road 16 and Horizon Drive Also attached is an amendment to the feasibility report for this project, which added Lots 14 through 17, Block 2, Horizon Heights to the proposed assessment roll for improvements to Muhlenhardt Road. BACKGROUND: On January 5, 1999, Resolution No. 5049 was adopted and ordered the preparation of a feasibility report for McGuire Circle and McGuire Court improvements within the plat of Riverview Estates. Also, the City Council directed staff to include alternatives for improving Muhlenhardt Road in this report. The paving improvement for McGuire Circle and McGuire Court was initiated by a petition from residents living on those streets. McGuire Circle and McGuire Court are existing bituminous paved streets, while Muhlenhardt Road is an aggregate surfaced street. On March 16, 1999, Resolution No. 5079 was adopted receiving the feasibility report and calling for a public hearing on the proposed improvements. Within the report, staff addresses the issue of reconstructing the pavements on McGuire Circle and McGuire Court and the upgrading of Muhlenhardt Road. The construction of existing bituminous pavements on McGuire Court and McGuire Circle would be assessed at 25% to benefiting properties and 75% paid for by City general tax levy. Muhlenhardt Road upgrading had three alternatives analyzed by staff as follows: • Alternative No. 1 - Muhlenhardt Road improvements, from C.R. 16 to McGuire Circle. • Alternative No. 2 -Muhlenhardt Road improvements, from Horizon Drive to 350' north of McGuire Circle. • Alternative No. 3 - Muhlenhardt Road improvements, from C.R. 16 to Horizon Drive. From the March 16, 1999 meeting, it was the general consensus and recommendation from staff that Alternative No. 2 is not acceptable from an emergency vehicle access standpoint. The main issues with this report is whether to reconstruct McGuire Circle and McGuire Court as a separate project or to include Muhlenhardt Road, and also if Council agrees with staff's determination of assessed cost and City cost participation for Muhlenhardt Road project costs. It has been staff's position that Muhlenhardt Road should be improved in conjunction with the reconstruction of McGuire Circle and McGuire Court streets. Staff's position is due to the high maintenance costs associated with a gravel surfaced Muhlenhardt Road and a new paved access would be provided to the lots in Riverview Estates that abut McGuire Circle and McGuire Court. Muhlenhardt Road is the only access road to McGuire Circle and McGuire Court residents and this road should be upgraded with the upgrading of McGuire Circle and McGuire Court. However, it should be stated that McGuire Circle and McGuire Court could be improved without improving Muhlenhardt Road. On the assessment issue, staff is recommending the City pay for 50% of the improvements on Muhlenhardt Road, due to the fact that double fronted lots exist on one side and there is considerable maintenance cost savings by upgrading Muhlenhardt Road. Staff did conduct an informational meeting on March 9, 1999 with residents on McGuire Circle and McGuire Court, in which 6 out of 12 properties were represented and on April 13, 1999 in which 10 persons were in attendance. If the Council adopts Resolution No. 5118 for improvements to McGuire Circle and McGuire Court in Riverview Estates and Muhlenhardt Road, the approval vote needs to be a 4/5 majority vote. If the Council modifies Resolution No. 5118 to include only the McGuire Circle and McGuire Court improvements, then a simple majority of Council members is required for the project to proceed based on petition. From the feasibility report, informational meetings and Council meetings, the issues associated with this project are as follows: • Project Alternatives to be Ordered • City Participation Amount • Assessment Methodology • Benefit Appraisal • Assessment Hearing Date ISSUE NO. 1 In the feasibility report, there were three alternatives described for the improvement of Muhlenhardt Road and one alternative for McGuire Circle and McGuire Court. The report recommends Alternative No. 1 for Muhlenhardt Road, which is to pave this road from C.R. 16 to past McGuire Circle and work with Mn/DOT on a double chip seal on the remaining gravel portion of Muhlenhardt Road to Horizon Drive. Mn/DOT has stated they would pay for the double chip seal work, with the City of Shakopee Public Works Department doing the base preparation work. MnDOT has done surface stabilization on low volume aggregate surfaced roads using chip seals with success in Houston County. The City's cost in surface preparation for this 1000 foot section would be approximately $3,000.00 for materials and labor and would be paid with City maintenance funds. Mn/DOT Research Engineers have visited the site and believe the double chip seal application will work on the southerly portion of Muhlenhardt Road, between McGuire Circle and Horizon Drive. However, the portion of Muhlenhardt Road north of McGuire Circle is not a candidate due to the steepness of grade and amount of drainage that is on this portion. Muhlenhardt Road is a very low volume local road serving as an access road to a one property currently along Muhlenhardt Road and the properties adjacent to McGuire Circle and McGuire Court in Riverview Estates. Traffic volume typically needs to be 300 vehicles per day or more to be a candidate for paving. The reasons for the recommendation to pave Muhlenhardt Road from C.R. 16 to McGuire Circle is due to the high maintenance costs of a gravel road in this segment. The preferred alternative by many of the residents involved with this project is Alternative No. 3, paving Muhlenhardt Road from C.R. 16 to Horizon Drive. This preference is based on the City paying 50% of the costs. From the March 16, 1999 Council meeting, Council directed staff to add the four lots abutting Muhlenhardt Road in Horizon Heights Addition. With this addition and the City paying 50% of the costs, the cost per lot of Alternative No. 3 actually decreases from Alternative No. 1. ISSUE NO. 2 The City's participation amount as proposed is for 75% of the cost for the McGuire Circle and McGuire court improvements as this is a reconstruction of existing bituminous paved street, and 50% of the cost of Muhlenhardt Road due to the high maintenance cost and that there is limited access off of Muhlenhardt Road. For McGuire Circle and McGuire Court, the City's participating amount is $71,129.52. For Alternative No.'s 1 and 3 of Muhlenhardt Road, the City's participating cost is $40,301.36 and $70,340.75, respectively. As mentioned previously, most of the maintenance cost associated with Muhlenhardt Road is from C.R. 16 to McGuire Circle and the traffic volumes are very low on this road. If the Council agrees to pay 50% of the improvement costs on Muhlenhardt Road, the extra cost to pave Muhlenhardt Road from McGuire Circle to Horizon Drive is approximately$30,000.00 to the City taxpayers. One other alternative for the City to consider and was mentioned at the March 16, 1999 Council meeting was to limit the City's participating amount on Alternative No. 3. For example, the City's contribution could be capped at $50,000.00 with the assessments increasing to $6,654.99 a full lot or$3,327.49 per 1/2 lot. ISSUE NO. 3 The Assessment Methodology use in this report is to assess by the lot method and with the following definitions: • 1 lot assessment if property receives direct access and property abuts Muhlenhardt Road. • 1/2 lot assessment if property receives secondary access from Muhlenhardt Road. At the March 16, 1999 City Council directed staff to includes Lots 14 through 17, Block 2, Horizon Heights to the proposed assessment roll as these lots abut Muhlenhardt Road and could receive secondary access. Those lots were give a 1/2 lot assessment as these lots abut Muhlenhardt Road and could potentially access this street. The residents of these lots in Horizon Heights, Block 2, have indicated that they are not in favor of the assessments to their property. Council may want to discuss if the assessment for these lots is correct since these lots have a paved access via Horizon Drive to CSAH 18 and CSAR 16. ISSUE NO. 4 The question of whether the City should do a benefit appraisal to support the proposed assessments. The City's Assessment Policy addresses benefit appraisals and as a general rule, such appraisals shall be ordered when the proposed assessment exceeds $5,000.00. However, staff believes the parcels are receiving the benefit amount particularly when improving a gravel road to a paved road as in the case of Muhlenhardt Road. Also, the cost of a benefit appraisal would be $6,000.00 and could not be done very quickly. Staff's recommendation is not to order a benefit appraisal for this project. ISSUE NO. 5 This issue is on when to conduct the assessment hearing for this project. Once a project has been ordered by the Council, the assessment hearing can be conducted anytime and based on the feasibility report cost estimates, bid opening costs or final construction costs. Typically, the assesses a project after the final costs are determined and City identified. If at the public hearing, there is a majority of support for the project, staff would recommend assessing the project using final construction costs. This assessment method is the most fair and is the method the public supports since it is the most accurate. If there is significant opposition to the project, and the Council wishes to proceed with the project, staff would recommend that an Assessment Hearing be held based on the feasibility cost estimate or bid opening costs to determine how many assessment appeals would be filed. Depending on the number of assessment appeals, Council then could award the contract to proceed or stop the project. For this project, the options are to reconstruct the pavements on McGuire Circle and McGuire Court or do nothing. If this project proceeds, then the Council should decide on whether to construct Alternative No 1 or No. 3 for the paving of Muhlenhardt Road or do nothing. Council should also provide direction on the city's participating amount on Muhlenhardt Road if Council disagrees with staffs determination. ALTERNATIVES: 1. Move to approve an amendment to the feasibility report as attached to the memorandum. 2. Deny the motion to approve an amendment to the feasibility report. 3. Adopt Resolution No. 5118,which orders plans and specifications for McGuire Circle and McGuire Court and for Muhlenhardt Road - Alternative No. 1 as recommended by the feasibility report and the amendment to the feasibility report. 4. Adopt Resolution No. 5118,which orders plans and specifications for McGuire Circle and McGuire Court and for Muhlenhardt Road - Alternative No. 3 as recommended by the feasibility report and the amendment to the feasibility report. 5. Determine that this project should not be constructed at this time and deny Resolution No. 5118. 6. Table for additional information. RECOMMENDATION: Staff recommends Alternative No's. 1 and 2, to approve the amendment to the feasibility report and adopt Resolution No. 5118 to reconstruct McGuire Circle and McGuire Court and to improve Muhlenhardt Road as described as Alternative No. 1 in the feasibility report. It should be noted that the amendment to the feasibility report has no affect on Alternative No. 1, to improve Muhlenhardt Road but affects Alternatve No. 3 only. ACTION REQUESTED: 1. Move to approve an amendment to the feasibility report as attached to the memorandum. 2. Offer Resolution No. 5118, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for McGuire Circle, McGuire Court and Muhlenhardt Road between County Road 16 and McGuire Circle, Project No. 1999-2 and move its adoption. • Bruce Loney Public Works I erector BL/pmp MEM5118 AMENDMENT TO THE FEASIBILITY REPORT FOR IMPROVEMENTS TO MCGUIRE CIRCLE, MCGUIRE COURT AND MUHLENHARDT ROAD BETWEEN COUNTY ROAD 16 AND HORIZON DRIVE LOCATED IN SECTION 13 AND 24 RANGE 22 TOWNSHIP 115 CITY OF SHAKOPEE, MINNESOTA I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. jeee demi Date �-1' /6 79 Registration No. 17590. APRIL 1999 INTRODUCTION On March 16, 1999,the City Council of Shakopee directed staff to add parcels adjacent to Muhlenhardt Road within the plat of Horizon Heights to the proposed assessments. SCOPE This amendment revises the proposed assessment roll for McGuire Circle,McGuire Court and Muhlenhardt Road improvements. BACKGROUND Within the feasibility report dated March 12, 1999, a proposed assessment roll was in included for the project improvements and project area mentioned above. The City Council directed staff to include Lots 14 through 17,Block 2,Horizon Heights to the proposed assessment roll. ASSESSMENTS Attached to the amendment is a revised proposed assessment roll based on Council direction and giving the lots adjacent to Muhlenhardt Road in Horizon Heights plat, Block 2 a 1/2 lot assessment for property receiving secondary access from Muhlenhardt Road. 4/16/99 PROPOSED ASSESSMENT ROLL FOR McGUIRE CIRCLE,McGUIRE COURT AND MUHLENHARDT ROAD IMPROVEMENTS LOTS McGUIRE MUHLENHARDT MUHLENHARDT MUHLENHARDT_ P.I.D. PROPERTY OWNER _ _LEGAL DESCRIPTION ASSESSED ALT. ALT. ALT.2 ALT.3 27-053001-0 SEAN D&PATRICIA A SIMONDET LOT 1 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8550 MCGUIRE CIRCLE RIVERVIEW ESTATES SHAKOPEE MN 55379 27-053002-0 TERRY W&CAROL A KANITZ LOT 2 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8563 MCGUIRE CIR RIVERVIEW ESTATES SHAKOPEE MN 55379 27-053003-0 JEFFREY W&PARIS L SOLBERG LOT 3 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8569 MCGUIRE CIRCLE RIVERVIEW ESTATES SHAKOPEE MN 55379 27-053004-0 DENNIS A&JEANETTE VIX LOT 4 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8575 MCGUIRE CIRCLE RIVERVIEW ESTATES SHAKOPEE MN 55379 27-053005-0 LARRY H&CHARLOTTE POST LOT 5 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8579 MCGUIRE CIRCLE RIVERVIEW ESTATES SHAKOPEE MN 55379 - 27-053006-0 ROBERT E&NANCY WETHERILLE LOT 6 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8583 MCGUIRE COURT RIVERVIEW ESTATES SHAKOPEE MN 55379 27-053008-0 TOMMY&SUSAN C JOHNSON LOT 8 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8621 MCGUIRE CT RIVERVIEW ESTATES SHAKOPEE MN 55379 27-053011-0 JOHN E&CAROLYN MIKKONEN LOT 11 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8673 MCGUIRE CT RIVERVIEW ESTATES SHAKOPEE MN 55379 27-053012-0 BRADLEY D&STACY A SHRADER LOT 12 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8711 MCGUIRE COURT RIVERVIEW ESTATES SHAKOPEE MN 55379 27-053013-0 BRUCE A BROWN LOT 13 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8730 MCGUIRE CT E RIVERVIEW ESTATES SHAKOPEE MN 55379 27-053014-0 LADONNA M CLEVELAND LOT 14 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8624 MCGUIRE COURT RIVERVIEW ESTATES SHAKOPEE MN 55379 27-053015-0 DAVID L&KIMBERLY A MARRONE LOT 15 BLK 1 0.5 1975.82 2878.67 2358.36 2705.41 8574 MCQUIRE CT RIVERVIEW ESTATES SHAKOPEE MN 55379 27-913055-0 DOUGLAS E THEIS SECT-13 TWP-115 RNG-022 1 1 5757.34 4716.73 5410.83 2134 MUHLENHARDT ROAD 3 11522 5.64 BEG PT 1099 SHAKOPEE MN 55379 .8'E OF SW COR.SE 218.2 'NW 1139.27'TO CL RD 16 SW 218.19 SE 1111.03 TO BEG IN E 1/2 SE 1/4 27-062038-0 CITY OF SHAKOPEE PARK 1 PLAT 27062 1 4716.73 5410.83 CITY ADMINSTRATOR HORIZON HEIGHTS 129 HOLMES ST S 27-146010-0 STEVEN D MUHLENHARDT LOT 10 BLK 1 1 4716.73 5410.83 7556 EAGLE CREEK BLVD HORIZON HEIGHTS 4TH ADD. SHAKOPEE MN 55379 27-146011-0 STEVEN D MUHLENHARDT -LOT 11 BLK 1 1 4716.73 5410.83 7556 EAGLE CREEK BLVD HORIZON HEIGHTS 4TH ADD. SHAKOPEE MN 55379 27-062017-0 GREGORY&PEGGY HANNINEN LOT 14 BLK 2 0.5 2358.36 2705.41 2263 HORIZON CIRCLE HORIZON HEIGHTS SHAKOPEE MN 55379 27-062018-0 THOMAS E&MARY N BRODERSEN LOT 15 BLK 2 0.5 2358.36 2705.41 2325 HORIZON CIRCLE HORIZON HEIGHTS SHAKOPEE MN 55379 27-062019-0 THOMAS E&MARY N BRODERSEN LOT 16 BLK 2 0.5 2358.36 2705.41 2325 HORIZON CIRCLE HORIZON HEIGHTS SHAKOPEE MN 55379 27-062020-0 WILLIAM V&JODIE E LEASURE LOT 17 BLK 2 0.5 2358.36 2705.41 2375 HORIZON CIR HORIZON HEIGHTS SHAKOPEE MN 55379 TOTAL AMOUNT ASSESSED=> $23,709.84 $40,301.36 558,600.72 $64,929.92 McEst.xls • RESOLUTION NO. 5118 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For McGuire Circle, McGuire Court And Muhlenhardt Road, Between County Road 16 and McGuire Circle Project No. 1999-2 WHEREAS, Resolution No. 5079 adopted on March 16, 1999, fixed a date for Council hearing on the proposed improvement of McGuire Circle,McGuire Court and to the improvements of Muhlenhardt Road, between County Road 16 to Horizon Drive by street, storm sewer, concrete curb and gutter and any appurtenant work as described in the feasibility report and as amended for the project; WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 20th day of April, 1999, at which all persons desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is necessary, cost effective and feasible and is ordered as hereinafter described: McGuire Circle and McGuire Court within the plat of Riverview Estates and Muhlenhardt Road, from C.R. 16 to McGuire Circle (Alternative No. 1) as described in the feasibility report and with amendment by street, storm sewer, concrete curb & gutter and any appurtenant work. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1999-2 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk �Y. A, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Vierling Plaza Preliminary Plat DATE: April 20, 1999 Discussion Continental 89 Fund LLC is requesting Preliminary Plat approval of Vierling Plaza. The subject site is located east of County Road 17 (Marschall Road) and south of Vierling Drive. A copy of the April 8, 1999 Planning Commission report is attached for your reference. For the Council's reference, following Planning Commission review of the preliminary plat Condition No. B.4 has been revised to recommend access to the site from County Road 17. This may be an issue that Council may wish to address. Alternatives 1. Approve the Preliminary Plat of Vierling Plaza, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Preliminary Plat of Vierling Plaza, and approve subject to the revised conditions. 3. Do not approve the Preliminary Plat of Vierling Plaza. 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 Vierling Plaza, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5110, a Resolution Approving the Preliminary Plat of Vierling Plaza, subject to conditions, and move its approval. Julie Klima Planner II i:\commdev\cc\1999\cc0420\ppvlgpz.doc RESOLUTION NO. 5110 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF VIERLING PLAZA WHEREAS, Continental 89 Fund LLC is the applicant and Render/Banks Limited Partnership is the owner of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: That part of the Northeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22, Scott County , Minnesota, which lies south of the centerline of Vierling Drive Except Parcel 61 Minnesota Department of Transportation Right of Way Plat No. 70-5. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Vierling Plaza on March 18 and April 8, 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 Vierling Plaza is hereby approved subject to the following conditions: A. Prior to Planning Commission review of the Final Plat, the following actions must be completed: 1. The plat and associated drawings shall be revised to include the recommendations that have been presented by the City's traffic consultant; 2. Additional right-of-way dedications shall be added to the final plat drawings, as recommended by the City's traffic consultant and the City Engineer, in order to accommodate the re-design of Vierling Drive; 3. An agreement shall be reached regarding participation of the costs for the improvements required for Vierling Drive; and 4. The City shall be provided with a signed waiver and petition for roadway improvements to Vierling Drive. 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 with provisions for Plan A and Plan B 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) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. f) The developer shall be responsible for the construction and any associated costs of a bituminous trail along the south side of Vierling Drive along the northern boundary of the plat. g) Easements shall be added to the plat, for all public improvements, and as required by City Code and a 10 foot trail easement on north boundary of the plat. h) Signed petition for Plan B improvements. 3. Park Dedication fees shall apply to this plat in the amount of $67,094 and shall be paid at the time of recording of the final plat. 4. The City recommends that access shall be allowed to the site from County Road 17 (Marschall Road). 5. The shared access between Lots 1 and 2,Block 1 shall be approved subject to a property owners association or a maintenance agreement for the driveway being 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 enter and maintain the driveway when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. 6. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. 7. Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. 8. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 9. The City shall receive written documentation from Minnegasco stating that it has received,reviewed, and approved the site plan for the property. 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 _ t f 44, '1`,�'3'x . CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima,Planner II SUBJECT: Preliminary/Final Plat of Vierling Plaza MEETING DATE: April 8, 1999 REVIEW PERIOD: February 19-June 19, 1999 Site Information: Applicant: Continental 89 Fund LLC Properly Owner: Render/Banks Limited Partnership Location: Southeast corner of Vierling Drive and County Road 17(Marschall Rd) Current Zoning: Highway Business(B 1)Zone . Adjacent Zoning: North: Highway Business(B1)Zone South: Highway 169 East: Medium Density Residential(R2) West: County Road 17 1995 Comp.plan: Commercial Area: 17.55 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Preliminary Plat and Site Plan Exhibit C: Engineering Dept.Review&Comments Introduction: Continental 89 Fund, LLC has made application for preliminary/final plat approval for the proposed Vierling Plaza. This plat proposes the creation of two lots. Please see Exhibit B. The lots are proposed to be approximately 12.13 acres (the proposed Kmart site) and 5.14 acres in size. The proposed lot of 5.14 acres is adjacent to County Road 17 and is being reserved for future commercial development. The zoning for this property is currently Highway Business (B1), and the general location is depicted on the attached map(Exhibit A). Considerations: The proposed eastern lot is currently under review for a Conditional Use Permit (CUP) application to allow retail facility. t t: The City Engineering Department has reviewed this request and has provided comments. These comments are attached as Exhibit C. The applicant has not requested any variances as a part of the platting applications. Landscaping, parking, and other performance standards shall be reviewed as part of any Conditional Use Permit and/or building permit application. Park dedication fees shall also apply to this development. The current City Fee Schedule requires payment of$3880.00/acre. Therefore, a total park dedication fee of$67,094.00 shall be paid at the time of recording of the final plat. City staff has received comment from the County Engineering Department that the County would not be allowing any access to the site from County Road 17. Staff has inserted a condition of approval stating such in its recommendation. Additionally, staff believes the intersection improvemetns shold be completed as soon as possible. The applicant should work with the City Engineer to file a petition and waiver for their improvements. The Finance Department has commented that the property currently carries a balance of approximately $26,200 in levied assessments and $15,700 in pending assessments. The applicant shall agree to the reapportionment of levied assessments and shall waive any rights to appeal the reapportionment. Scott County Environmental Health has commented that the design of storm water ponds should be consistent with Federal NURP standards which suggest use of low permeability soil to treat and retard contaminate infiltration. Storm water ponds should be designed to meet the standards for treatment specified in MPCA rules for on-site sewage systems. These rules require a three foot separation from the water table and bedrock with soils that have a permeability slower than five minutes per inch. Minnegasco has commented that this development will require the relocation of one of the gas lines on site. Mumegasco will release the property from the existing easement upon the execution of a new easement to cover the existing and relocated lines and the execution of a relocation agreement for reimbursement of costs associated with the relocation. Mmnegasco has also noted that preliminary problems with the plan include the following: • The installation of the transmission line on the east side of the property must maintain 15 to 20 feet of separation from the existing 16"watermain. • The creation of the pond in the proposed easement on the east side. • No trees shall be planted in the easement. Normal ground cover vegetation 10 feet from the transmission lines shall not exceed 6 feet mature height. • The pylon sign must be moved from the easement area. • A grading plan, site plan and redesigned landscaping plan must be submitted and approved. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary/Final Plat of Vierling Plaza, subject to the following conditions; —a) `Prior to review of the preliminary and final plat,by the City Council,the following actions must be completed: b) The plat and associated drawings shall be revised to include the recommendations that have been presented by the City's traffic consultant; c) Additional right-of-way dedications shall be added to the final plat drawings, as recommended by the City's traffic consultant and the City Engineer, in order to accommodate the re-design of Vierling Drive; and d) An agreement shall be reached regarding participation of the costs for the improvements required for Vierling Drive. e) 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 with provisions for Plan A and Plan B 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) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. f) The developer shall be responsible for the construction and any associated costs of a bituminous trail along the south side of Vierling Drive along the northern boundary of the plat. g) Easements shall be added to the plat, for all public improvements, and as required by City Code and a 10 foot trail easement on north boundary of the plat. h) Signed petition for Plan B improvements. iii) Park Dedication fees shall apply to this plat in the amount of$67,094 and shall be paid at the time of recording of the final plat. iv) No access shall be allowed to the site from County Road 17(Marschall Road). v) The shared access between Lots 1 and 2, Block 1 shall be approved subject to a property owners association or a maintenance agreement for the driveway being executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefitting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to enter and maintain the driveway when • it deems necessary to maintain safe access, and to charge the cost of such maintence back to the proeprty owners. vi) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. vii) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. - viii) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. ix) The City shall receive written documentation from Minnegasco stating that it has received, reviewed, and approved the site plan for the property. 2. Recommend to the City Council the denial of the request for approval of the Preliminary/Final Plat for Vierling Plaza. 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, a recommendation of approval of Preliminary/Final Plat of Vierling Plaza, subject to the above conditions. Action Requested: Offer a motion recommending to the City Council the approval of Preliminary/Final Plat of Vierling Plaza, subject to the above conditions. If, if c etataL__ lie Klima Planner II i:\commdev\boaa-p61999\0408\pfpvgplz.doc „ 1._,,,,, 0104,404str.....,,,,,,„,-,,,,,:...-:_..::::::,.... ,:::::::,, sumeut,'•";:...'.' * 'CC . I A, _ ....- „. , ..„,„...._;...„.... .,„P''.4- ' a x ii Vic, f-��,..,J ' ftiati* /4 El !vi'�►�ooe�¢, p il � ammia ,v. �APP o�oMI o a �*,0 0 4r. 1� 'L fioa o 30 trele. 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'PLC _ City of Shakopee Memorandum • TO: Julie Klima,Planner II FROM: Joel Rutherford,Assistant City Engineer p/P SUBJECT: Preliminary Plat/Final Plat-Vierling Plaza DATE: March 18, 1999 After review of the referenced application drawings,I have the following comments: Vierling Drive Right of Way Attached is a draft copy of a study completed by the City's traffic consultant. This study includes recommendations using the analysis provided in the report, and after discussing the proposed development with representatives from the City,the County, and with the developer. Additional analysis is in the process of being developed,along with further discussions with the agencies involved, and with the developer. It is anticipated that a final report,with recommendations,will be available at the time the plat is reviewed by the City Council. Easements Additional easements are required, as per City Code. Easements will be required along all public improvements within the development,including watermain, sanitary sewer, and storm sewer. The City's policy is to consider all utilities which serve more that one parcel as public,unless the parcels are all within a C.I.C.,or some other recorded agreement which provides for the maintenance of the internal sanitary sewer and storm sewer systems. Shared Access Depending on the accesses allowed to Vierling Drive,there may be one driveway which will be used for both lots. If this happens,the City would have to approve a shared access. rl te: "r`7Ce iM • ..4 - '. "� .. Recommendation Recommend approval of the preliminary and final plat,subject to the following conditions: A) Prior to review of the preliminary and final Plat,by the City Council,the following actions must be completed: 1. Additional right-of-way dedication shall be added to the final plat drawings,as recommended by the City's traffic consultant and the City Engineer,in order to accommodate the re-design of Vierling Drive; and 2. An agreement shall be reached regarding participation of the costs for the improvements required for Vierling Drive. B) Prior to recording of the Final Plat,the following actions must be completed: 1. Execution of the Developers Agreement with provisions for Plan A and Plan B improvements; 2. A signed petition for the Plan B improvements; 3. Easements shall be added to the plat, for all public improvements, and as required by City Code; 4. A 10' trail easement shall be dedicated along the north side of the plat; and 5. The Final Construction Plans and Specifications must be approved by the City Engineer. its f� _. t. V*If e•it .: 34 ,:Ay _ • � • .. • :. d$ . M Y t; _ C BA 11fiadsoadc.P.E .A« a 4 . _ Bach Wein P.E. 350 Westwood Lake Office -7,7-514S07-,1,;:, 8441 Wayzata Boulevard Pear R ov, brog:p.> . Minneapolis, MN 55426 Ronald Donald W Sams,P.E.B.•&ay,P.E. : 41111111.111111111. 612-541-4800 M , FAX 541-1700 &Associates,Inc. DRAFT Memorandum • To: Bruce Loney, P.E.,Public Works Director City of Shakopee From: �,(� Charles Rickart,P.E.,Project Manager % / WSB &Associates,Inc. c: Tom Byland Continental Properties Company,Inc. Date: February 25, 1999 Re: Traffic Engineering Study • Vierling Plaza,Southeast Quadrant, CSAH 17 at Vierling Drive WSB Project No. 1158.00 INTRODUCTION Continental Properties Company,Inc,is proposing the construction of Vierling Plaza located in the southeast quadrant of County State Aid Highway(CSAH) 17(Marshall Drive) t Vierling o relates ive in the City of Shakopee, Minnesota. Figure 1 illustrates the project location as adjacent roadway system. The development will consist of a 108,000 sq.ft. Super K store located a on the eastern parcel. It was also assumed that the western parcel would restaurant and a drug store. The land use ed with es on the convenience gas station,a high turn-over sit down western parcel are only speculated, no proposal is being made at this time; however, they were assumed for the Traffic Analysis. Access tes�esite is ibe across fromroposed by the Developer at three (3) Ramsey Street and will entrances from Vierling Drive. The first acc point wil allow full movements. The second access is proposed e band iso proposed to allow fut-in/right-out to the llt of movements.nts. sey Street. The third access will be across from MillerP po WSB was retained by Continental Properties Company, ancharacteristics of trafficc.,and the City of that would enter and exiopee,to t uct a Traffic Study to determine the volume and proposed site,the capacity of level of service(LOS)ofe xisting the each access point and a determination nd proposed access points,the . geometrics(number of lanes)required for Vierling of the amount of right-of-way that would be required to accommodate the proposed roadway • geometrics. The following sections of this memorandum outline the methodologists analyses and conclusions/recommendations of the proposed development traffic impacts. Infrastructure Engineers Planners F.�,,,,P,a„AI I5/00=3s,iimpd EQUAL OPPORTUNITY EMPLOYER n, • ,mss : Re: Traffic Engineering Study Date: February 25,1999 Page 2 • EXISTING CONDI'T'IONS Vierling Drive is a east/west City collector street which extends from CSAH 16 on the east to County Road(CR)77 on the west. This roadway,in the area of the proposed development,is a four lane urban facility with two lanes in each direction and no left or right turn lanes. Parking is not permitted on either side of the roadway. A 30 mile per hour(mph)speed limit is posted in the area. Vierling Drive west of CSAH 17 was recently reconstructed to accommodate expected traffic from the commercial developments north and south of Vierling Drive. The roadway was reconstructed to a four lane facility with raised concrete medians and left turn lanes at major intersections. At the intersection of CSAH 17 a 80-foot roadway cross section is currently provided to the west. To the east of CSAH 17,only pavement marking changes were made in anticipation of future development and widening of Vierling Drive. Ramsey Street is a north/south City street that provides access to the commercial area north of Vierling Drive,adjacent to CSAH 17 and the residential areas to the north and east of Vierling Drive. This roadway has two lanes (one in each direction)with an urban cross section. Miller Street is a north/south City Street that begins at Vierling Drive and provides access to the residential neighborhood to the north of Vierling Drive. This roadway has two lanes(one lane in each direction)with an urban cross section. PROJECTED DEVELOPMENT SITE TRAFFIC Background Traffic Volumes: Existing traffic volume data was obtained from the traffic studies conducted for the Shakopee Retail Center and Boulder Ridge development west of CSAH 17. The P.M.peak hour traffic volumes at the intersection of CSAH 17 and Vierling Drive were assuming bethe anticipated ticipating d fulll development of both of these developments. These volumeswere assumed background traffic volumes in this intersection. Figure 2 illustrates the existing(1999)background traffic volumes. Traffic Generation: The proposed development that will generate additional traffic consists of a 108,000 sq.ft.Super K store and the assumption of a 2,000 sq. ft. gas station, a 6,000 sq. ft. restaurant and a 8,000 sq. ft. drug store on the western parcel of the site. The 6th addition of the Institute of Transportation Engineers (ITE) Trip Generation Manual was used to calculate the P.M. peak hour entry/exist volumes for the proposed development. The projected traffic generation volume for the P.M.peak hour are presented in Table 1. ►:\WPWQM1ISS 00\022599.b1%"Pd t moi.i st. 5 � f .. a.... Re: Traffic Engineering Study Date: February 25,1999 Page 3 Previous studies of similar type retail centers indicate that a significant number of people visiting the retail center during the P.M. peak hour are already on the road passing by and combining shopping trips with the trip from work to home. Approximately 50 % of retail center traffic is passing Yb • However,to analyze a"worse case"scenario,it was assumed that 100%of the traffic • entering and exiting the site was new traffic that would be added to the roadway system serving the site. Direction of Approach/Departure: The direction of approach and departure for the site traffic was assumed to be consistent with the existing traffic patterns. The existing P.M. peak hour traffic counts were used to determine this distribution. Projected Traffic: The projected site traffic was assigned to the street system according to the distribution by direction of approach/departure. Figure 3 illustrates the P.M.peak hour development site traffic. The total 1999 P.M. peak hour traffic volumes were determined by adding the development site traffic to the existing (1999) traffic volumes. Figure 4 shows the total 1999 P.M. peak hour intersection volumes with the proposed site traffic. The year 2005 was also analyzed as a future (full build) alternative. The background traffic was increased by 2%/year on Vierling Drive and 4%/year on CSAH 17. The site traffic was then added to the background traffic for the 2005 traffic volumes. TRAFFIC IMPACT ANALYSIS Capacity/Level of service analysis: An analysis of the signalized intersection at CSAH 17 and Vierling Drive and the unsignalized intersections at Ramsey Street and Miller Street was performed using the FHWA Highway Capacity Software (HCS),which simulates capacity analysis techniques as described in the 1997 Highway Capacity Manual. Level of service of an intersection is a measurement of the average stop delay of a vehicle and is designated by a letter 'A' - 'F' with a'A' representing the smallest delay. Delay is a function of a drivers frustration,discomfort,feel consumption and lost time. It is a complex calculation dependent on a number of variables including: quality of progression, cycling, green ratio and volume to capacity ratio. A brief description of the LOS is provided in Table 2. These LOS measures are standards set forth by the Transportation Research Board (TRB) in the 1997 Highway Capacity Manual. FIWPWIMIl5I.00m2i5s¢et ve Re: Traffic Engineering study Date: February 25,1999 Page 4 of the capacity analysis indicates that the existing LOS is'C'at the intersection ifCSAH The results P the P. 17 and Vierling Drive and a LOS 'B' at Ramsey Street and Miller Street during P our with the existing lane configurations. volumes and 2005 traffic volumes,a capacity analysis was performed Using the 1999 total trafficStreet and Vierling Drive at the intersection of CSAR Vierling were Drive,edierling Drive at Ramsey at Miller Street. Three alternatives 1. With a right-in/right-out between Ramsey Street and Miller Street 2. With a right-in only between Ramsey Street and Miller Street 3. With no access between Ramsey Street and Miller Street The capacity analysis performed at Vierling Drive and CSAH 17 indicates that the overall LOS will P tY decrease from a LOS 'C' to a LOS 'D' with the proposed development for any right-in/right-out alternative by the year 2005. The unsignalized intersections of Ramsey Street and Mille Street as nmangdecre ease full nght-in/nghtm a LOS C' to a LOS 'D' with the proposed development from 1999 to ut between Ramsey Street and Miller Street. The right-in only alteses to a LOS ate has no impact on the h overalle LOS;hwever,by removing the right-in only,the overall S th The unsignalized intersection of Miller Street will decrease l right-in/right-'out accesOs or right-inwonly the proposed development from 1999 to 2005,assuming the between Ramsey Street and Miller Street. By removing the right-in only, the overall LOS would decrease to LOS 'C'. Table 3 indicates the LOS for each intersection for each alternative. Queue Length Analysis: was calculated for all left turning movements on The maximum length of traffic backup (queue) ueue which mi ht occur would be 190 feet Vierling Drive. It was determined that the maximum q g feet between CSAH 17 and Ramsey Street. Since the intersectionof fromeeither intersecy Street is Otion assouming m the CSAH 17 intersection,it will not be blocked by traffic backing u P a side by side left turn lane. The maximum queue length between will nosey Street t block either Miller Street is 80 feet. Since Miller Street is 630 feet from Ramsey intersection assuming a back to back left turn lane the queue length calculations are summarized in Table 4. F:\W F W RR 1151.00‘.399.41wpd • ' c r2Y'ty.,�, .Y•d3vy ,�. 't'r"s `. 5 u 2 h'. t�. »rw t 1- y4 as' Re: Traffic Engineering sr- ~" �, Date: February 25,1999 •- f -W . tk s '1� xr A 2 ; ` -- > 5 ,. .:t r+x , . n r---;::-.1-.., ::-..",--;:',---- _ y age ROADWAY GEOMETRTCS/RIG AT-OF-WAY Based on the capacity and level of service analysis and the queue length analysis;the Proposed roadway geometries and right-of-way for Vierling Drive from CSAH 17 to east of Miller Street should be as follows: CSAR 17 to Ramsey Street: • 2 lanes in each direction • Side by side left turn lanes • Right turn lane into Vierling Plaza . • Raised concrete median • 120 feet of right-of-way. - Ramsey Street to Miller Street: • 2 lanes in each direction • Back to back left turn lanes • Raised concrete median • 100 feet of right-of-way Miller Street to the East: • 2 lanes in each direction • Left turn lane to Miller Street • Stripped median • 80 feet of right-of-way Ramsey Street/Site Entrance: . • Two lanes exiting • Two lanes entering Miller Street/Site Entrance: • Two lanes exiting • One lane entering F:\NPW1M115i O0V022599.plwpd •iz t � 5 r Re: Traffic Engineering Study Date: February 25,1999 page 6 CONCLUSIONS/RECOMMENDATIONS The purpose of the traffic impact analysis,which is summarized in this report,was to determine the level of impact the proposed development might have on the adjacent roadway system. These analyses yielded the following conclusions: 1. The existing(1999)Level of Service of the intersections on Vierling Drive between CSAH 17 and Miller Street are operating at satisfactory levels of service(ie.LOS 'C'or better)with the existing lane configurations with no additional development. 2. The proposed development will generate approximately 359 trips in and 373 trips out at full • development assuming a Super K store on the eastern parcel and a gas/convenience store, drug store and high turn-over sit down restaurant on the western parcel. 3. With the projected site traffic,the 1999 levels of service at the intersection of CSAH 17 and Vierling Drive will remain at LOS 'C'. 4. The 1999 projected intersection level of service for Ramsey Street will decrease from a LOS 'B' to a LOS 'C'/'D' in 1999 with projected site traffic,dependant on which right-in/right- out alternative is used. 5. The 1999 projected intersection level of service for Miller Street will decrease from a LOS 'B' to a LOS 'B'/'C' in 1999, dependant on which right-in/right-out alternative is used. 6. With the projected 2005 traffic volumes, the overall intersection LOS at CSAH 17 at Vierling Drive will decrease to a LOS 'D' 7. The 2005 traffic volumes at Ramsey Street and Miller Street will decrease to a LOS'D'and 'C' respectively with the projected traffic conditions,dependant on which right-in/right-out alternative is used. 8. The queue lengths projected for Vierling Drive between CSAH 17 and Miller Street can be accommodated with proposed geometrics. Based on the information found in this study,and the conclusions discussed above,the following recommendations are made: 1. Construct Vierling Drive with the following cross section: • Two lanes in each direction • Side by side left turn lanes between CSAH 17 and Ramsey Street • Painted median from Miller Street to the east • Back to back left turn lanes between Miller Street and Ramsey Street • 'Raised concrete median from CSAH 17 to Miller Street • Right turn lane to the site entrance at Ramsey Street F:\wPwRA ULOOOus99.et.Rd • ,9� 2 1 - r , r t .. , iy -=, ,,.-x • s 4 _ :sh '`Z ..--,-;-# t -,c+, ��8� `,�,L +, "`'k :r",,r„ °�tt ;�. A • 4. .".ad L .e'�.Q.yr'. i .44.341=1..4'1,•';.'• "i,. 1. .. yam . , • . J , L^ -Yt% '.......-----...,:,=.4k.' ,, '�d61 ,t4 s r' Yr,, 1��� K a ,..a.,..er�vn:� :. r �sb .w.�Cw ' � _ �I fr+9. , s�, n• . +K1 . ,7 / - } r t'OJ 3` A . .�'Kf „�... � ,,. }�� h. i z-x'r- a-h.« " " S +s3 ' ' --- ;x'"Re:' ` Traffic En g SAY -. .. ..f Date: February 25,1999 V � * 5 p r 2, The developer provides right-of-way in the amount of 60 feet from center line from CSAH 17 to Ramsey Street,50 feet from center line from Ramsey Street to Miller Street and 40 ffeet . from the center line from Miller Street to the east . " 3. Construct full movement accesses at Ramsey Street and Miller Street and a right in only between Ramsey Street and Miller Street 4. Provide a minimum of 150 feet of stacking distance before the first drive isle from Vi er g Drive into the site at the Ramsey Street entrance in order to provide for adequate stacking 5. Provide two lanes of exit and two lanes of entry at the Ramsey Street entrance and two lanes of exit and one lane of entry at the Miller Street entrance 6. Construct a right turn lane on CSAH 17 northbound to Vierling Drive cp r:►wPwwa ua oomaiS99.alWva Z AFM' 'i^.'� F 6 .yLw. Y .LL- . lf- ri o - N M M r..ter..CA0aFN M : : ; 01 • _ ` 3 = 0 0 0 o to = = 0 to Ln LO •r Z CO o _. 0 d i _ ~ a ° ae e _= cr . 0 � Le g _ v v G W c Z Z W _1 0. C' M r) Et o. T CO LU Ce > I - 4, LU m . as I" IZ ONO coCO MM CO (I) a ri ti l o • I ~ Q II CO of = C e- LL o o -A W j 0 a � w � - m ?- Y 2 co • I- W_ F- a 0 Ce iQ— > 0 • y'k 6F r_1 TABLE 2 LEVEL OF SERVICE DESCRIPTIONS LEVEL OF SERVICE DESCRIPTION A FREE FLOW:speed controlled by driver's desires, speed limits, or physical roadway conditions. B STABLE FLOW:operating speeds beginning to be restricted, little or no restriction on maneuverability from other vehicles. • C STABLE FLOW: speeds and maneuverability more restricted. D APPROACHING UNSTABLE FLOW:tolerable speeds can be maintained but temporary restrictions to flow cause substantial drops in speed, little freedom to maneuver, comfort and convenience are low. E UNSTABLE FLOW:volumes near capacity, speed typically in neighborhood of 30 MPH, stoppages of momentary duration, ability to maneuver severely limited. F FORCED FLOW: low-operating speeds,volume below capacity, queues formed. 0 _ FE G W V v..., .X4`/'".t!^ '•A,1.1.—'t:'"i-+t�r,.,j i.F•c 4.(:-.;.'.... --..,,.,.• .. ,. 0 a� ' mats. .--",,,-;',2"-.2-,,4,4.-': r.aVbji� * 1-."dwiae -: 3. • y C N 40 0 V t 1p 0 . N 3 O IZ C0 V a CL .0 r m 4. W N C1 0 o m CO OAC • W co • OCt Wre c v W • Z 3 O • c H O WV U CO N 3 Ct Ce 31 3 p W — C9 Z o Z — ce = v • j o m W reLe . j 3 d ti N_ V"' 3 U m CO 2 .°c Q C W V uj g 0. O 0 m fn fn c E o a. = m }}CD Ci) r ` w pcoWZ � � c c • Q! WCOm mv > >F- > V 1. i..-;-..:;....--..- xi . 'c . a 1tvss ww-+ x. .'t�rnq .3 .y^T•+ •.•"+s.+.^.�trw r.,s 1 ., � rar+sa°"•- -au+r wr .. -'�a . , a� • c zr s�> w i T ;':;,'S'-''-,;-* d1t.Y `s ! & R va7 a., ".Mt Y ,yta c` *4w ,..e � 4 {e, ",t.ki•'gav4"-_ s:, ba • _ t . N _.4e, 1 c0wt.jy t, ,r(G . A 4 it LA :. C +` :"....vw.. < , `. z` •-nLy "" r.•- •:•-.'",‘•oe•'ti.�...� oL�4' ' ' ,:.--10,•:',."4:-1.---;.•‘',-41,-,.',.:74.;,-,-,-. `�7 !'�.. •"�s`r�1°.eK'a �3'- .,�,.- - s�-:t:. s; s !•.y. a^rte. .:+• #$ TABLE 4 A -tea azo:?.7. #+.c _ :` �;'.,..vma:a < 3 +t'��xaF' `.,.q�"s',ii^>ii.E4;Ks r: 4 sx "<< .` .` z VIERLING PLAZA, CSAH 17 at VIERLING DR ,-----:,---.,---:: • -4r CITY OF SHAKOPEE . QUEUE LENGTHS (feet) 1999 ..., 2005 Eastbound .WestboundEastbound Westbound 1 Vierling Drat CSAH 17 NA 170 NA 190 Vierling Dr at Ramsey St 110 70 130 80 • Vierling Dr at Miller St 25 25 25 25 {` • • : !iLJ 1 ; r , 1 - I 1 -11381S 831`1Ifi 1 IIS . 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VIE ... :I:.... .E. ... . • .t.. . . • :.: . • f•1 ......,.. ...... r ta I t tt ir •,4-. • .1. ....: I * , .• • '. ' '.':. •••••-••• ::`7'•411 .7.,..IL., , ,1. .. . , ..,, . • '.. •.:." .•' : ••• *.;-• Ii• ,....:41i.' '*1,•t :,:t!0.4.,4.,.., ' . • .:. .. .• ": • 1 *.•''1•.,..:'1.1.171.2.1 I • .!. - ••,1.,••':.,••••,•.•..:4;..7*.•-,p.:..el. le, .,::,,I. • ••• [..........7..1 CI I . 1 rin. ..r.S... • .7""--1 • • . . c. I. • • • •- . ea '.'' 11 :C. GI ... . .3. r.... : inn ::: 1— ---- ......... ...... .. le . MEMO FOR TABLE CC ITEM NO. 14.A CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Conditional Use Permit for Proposed Kmart MEETING DATE: April 20, 1999 INTRODUCTION: On Thursday, April 8th the Board of Adjustments and Appeals approved a CUP for the proposed Kmart site. A copy of the resolution approving the CUP is attached for the Council's information. On Monday, April 19th the City received an appeal by the applicants of the CUP determination. It is staff's understanding that the applicant wishes to seek clarification of some of the conditions of the CUP. The appeal will be placed on the Council agenda of May 4, 1999. ACTION REQUESTED: This is an informational item, and no specific action is requested of the Council. R. Michael Leek Community Development Director 4 ... _ . ,,. ,, ..„ ......,....... ..., ,, ........ ..__,... L Y '.+ .. ON N RESOLUTI O.PC 99-26 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING A CONDITIONAL USE PERMIT FOR A RETAIL FACILITY IN THE HIGHWAY BUSINESS(Bi)ZONE WHEREAS, Continental 89 Fund LLC, applicant and Render/Banks Limited Partnership, owner,have filed an application dated and received February 5, 1999, for a Conditional Use Permit for vehicle service or repair under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.36, Subd. 3.K.; and WHEREAS, the applicant has agreed not to construct or operate a vehicle service or repair station;and WHEREAS, the applicant has agreed to have the property reviewed under the Conditional Use Permit(CUP)process and be bound by conditions imposed by aforementioned CUP;and WHEREAS,this parcel is presently zoned Highway Business(B 1); and WHEREAS,the property upon which the request is being made is legally described as; That part of the Northeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota, which lies south of the centerline of Vierling Drive. Except Parcel 61 Minnesota Department of Transportation Right of Way Plat No. 70-5. - WHEREAS,notice was provided and on March 4,March 18 and April 8, 1999, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment. NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the application for Conditional Use Permit No. PC 99-26 is hereby GRANTED, and is subject to the following conditions: 1. Shall not have a public address system from any part of the facility which is audible from any residential property.; 2. Shall maintain a landscaped buffer 100 feet wide from any residential zone. 3. This approval only applies to the parcel identified as Parcel A on drawings received April 1 and 2, 1999. The site plan shown west of Parcel A is for illustrative purposes only and shall require further review and approval, if necessary. 4. All on site lighting shall be directed on site (toward the structure, parking areas, etc.) and shall comply with the lighting requirements of the City Code. A lighting plan complying with this requirement shall be reviewed as part of the building permit application. 5. ^4J'r 1''� 6. The applicant shall provide a combination of berming, planting or fencing along Vierling Drive to prevent headlight wash in the direction of Vierling Drive. 7. Mechanical components on the top of the structure shall be fully screened. 8. Trash containers will be stored in fully enclosed areas, including the top. 9. Adequate lighting, acceptable to the staff and City Engineer, will be provided on Vierling Drive at the entrance to the site. 10. Building materials used on the sides and rear of the building shall be of the same or similar materials and colors as the front of the building. 11. Signage along Vierling Drive shall be limited to the size and height requirements of the City Code in effect at the time of sign permit application. Free standing signage shall be of a monument type design, constructed of face brick, stone, decorative block, painted block or other similar materials. Only one free standing sign shall be allowed fronting Vierling Drive for both "Parcels A and B". Therefore, a business complex sign may be utilized to identify two or more of the ultimate users on site or a free standing sign may be used to identify one user. One common monument sign will be allowed for the entire property on Vierling Drive. 12. The access point directly south of Swift Circle (center access point as shown on site plans received March 10, 1999) from Vierling Drive shall be a right in only. 13.Delivery trucks shall be routed to Vierling Drive via County Road 17,rather than County Road 16. 14. The applicant shall revise the site plan to provide a total of 544 parking spaces. The site plan received April 2, 1999 provides 529 parking spaces, therefore an additional 15 parking spaces must be provided to comply with Section 11.61 of the City Code. 15. The developer shall construct a sidewalk connection on site to provide pedestrian access to the structure. 16. Landscaping shall be conform to the landscaping plan received by the City on April 2, 1999. The applicant shall provide, prior to the recording of the CUP, a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance during the first year of planting. 17. Loading and delivery areas shall be fully screened from view of residentially zoned property with landscaping plans, as presented. 18.No outdoor storage or display of goods for sale shall be allowed, unless a Conditional Use Permit for such use is approved by the City. 19. The City shall receive written documentation from Minnegasco stating it has received, reviewed, and approved the site plan for the property. 1:4# a h 4^ , wat a. •t•t .,.,.is�. e_,. [sawv a :-.',-*-4'. y t3" x t *�`,"."t,. f -' n� TSR^"t. a + t' .- ��" � " A ,-,: '":4P, 1rs z , . h .a r ' `'k•, ' '''''--s--'`-'''';';',46-,'-• . ,."-- $:""I'-';':''..;-;•,.::-,'' s rcfr m a°m 2a�",' J,.,s 44-,.+1- .''''fkk � z y,44.t .._l a ,{,y .' - fii�Ewr . -',..,'.,,I.',.21:44‘,",,4',;,,' •cy 'i` '�' N i+Y �`. ; �W';'*4 L^`!i'A 1`';;r-:'[' -4 4', �'°'Y'S ;aw,;',. •z,fr„: f. ,,,„ + �!' ' i e E .g�' >4 t Jh 4 't'' '�y+»T.-. d ,''"y fi t«. r �� , y{y x • ��' .-,.:::7,L,..-..m.- `�j�a�As�.- � t y,4 stA��. "' °'Y� "#�'�t�F � t� xq� nom.»-«..». ...... .. .... .. da �..3, ,•x -.....-i:-..-,-,•-•, ••:- n..... % ,...V.7171..,117:4.7t _ � .X .i � �i"2 ' w ' ''''....1-' � r t,�' x" c k t2 .,, ,;.yc r rs a, e'y'fp ' �� „,_:rq- .�< ♦ .s!"15. :"."� n ;,"sgiit.y9., ^c• ., A ,f.,r n- �ti• ::',..P!.`,.1.,,,., _,�w.,, ig .V.:-"& r �' 20a of ock�` ,.• ;s� y ..�. between � defivecy st or removal of garbage shall be restncted to the a-t�..�.: ,'s ,*,*. ham, -+ -,' �Ij,,l { i• -`� c ti; a v s houi l-of 6 am.`•and I0 p.m • 2I.No outside trailers of any size,type,or style are to be used for storage. ' Adopted by the Board of Adjustment and Appeals of the City of Shakopee,Minnesota this 8th h day ofApr 1999 i . _ I� . .. -,.:1,:,-1'.i:•-..thair of the Board of Adja�tinent and Appeals • / • ATTEST: • Community Development Director yy_, q7, 1 • ',67z Yflc:+.t'rte' 3� 4 i "�'` V '�°p ? • • rtwals X s c. $ 7 ;q'3"', `r t,.*" -t 's ��� x ^F3� rt -rib' s. ' ". .4;Ake', -3att".yS�'rf tt"'"Y'ii-�'�`Y25. .r �,. � i.. �,Tb t t' 'Z� h • •:r M '.E`" 2 ?F.':k;l•�`"f^ed YC Mt "4i V r :-' :' `' .... ' ; CERTIFICATION OF RESOLUTION NO.PC 99-26 huhth S. Cox,City Clerk for the City of Shakopee,do hereby certify that the attached is a true and correct copy ofResolutiion No.PC 99-26,presented to and adopted by the Board of Auchustment and , Appeals of the'City of Shakopee at a duly authorized meeting thereof held on the 8th day of April, 1999,as shown by minutes ofthe meeting in my possession. of 19 Dated this daY. . . ... .,. Judith S. Cox, City Clerk SEAL / Y! 3 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Preliminary Plat of Brittany Village Tollefson Development, Inc. (Applicant&Owners) DATE: April 20, 1999 Discussion Tollefson Development is requesting review and approval of a Preliminary Plat of Brittany Village. This development is generally located northeast of CR. 17 & 17th Avenue East, immediately north of Longmeadow Addition(Exhibit A). A copy of the April 8, 1999,Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Preliminary Plat of Brittany Village, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Preliminary Plat of Brittany Village, and approve subject to the revised conditions. 3. Do not approve the Preliminary Plat of Brittany Village. 4. Table action on this item and request additional information from the Tollefson Development, Inc. and/or staff Planning Commission Recommendation The Planning Commission recommended the approval of the Preliminary Plat of Brittany Village, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5112, a Resolution Approving the Preliminary Plat of Brittany Village, subject to conditions, and move its approval. i:comencievwc\1999\cc0420\fpbr;ay..aoc RESOLUTION NO.5112 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING THE PRELIMINARY PLAT OF BRITTANY VILLAGE WHEREAS,Tollefson Development,Inc. is the Applicant and owners of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: That part of the Southwest Quarter (1/4) of the Southwest Quarter (1/4) of Section 8, Township 115, Range 22, Scott County,Minnesotan lying southerly of the MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-6, as on file and of record in the Office of the County Recorder, together with the North 8.00 feet of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section 17, Township 115,Range 22, Scott County,Minnesota and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Brittany Village on April 8, 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 Brittany Village 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. The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission prior to construction. 4. Developer shall file a Homeowners Association Agreement, in a form reviewed and approved by the City Attorney. The perpetual maintenance of all open space and outlots areas shall be provided for by said Homeowners Association Agreement. 5. The developer shall provide easements, as required by City Code or City Engineering. 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. Park dedication payments shall be required in amounts of$1,000 per unit. The payment of park dedication fees can be deferred until issuance of building permits. If deferred, payments shall be according to the current fee schedule. 8. 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. 9. Prior to recording of the final plat, the applicant shall resolve the ownership issues with the 33-foot city owned strip of ground, and the 8-foot strip of ground to the south of this PUD, or shall obtain signatures of all property owners for the final plat application and plat. 10. The Planned Unit Development shall provide a minimum of fifteen (15%) percent of open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. 11. Green Acre assessment of$21,623.59 must be paid prior to the plat being recorded. The St. Francis Water assessment of $10,672.50 will be reapportioned on the individual units/lots. The developer shall waive the right to appeal the reapportionment. 12. The Landscape Plan, showing layout and units, shall be consistent with said plan submitted with the preliminary plat. Landscaping requirements will be reviewed at the time of building permit application. 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. 13. The developer is required to stub water and sewer services to the adjacent parcel to be retained by Mr. Eugene Hauer, subject to City Engineer review and approval. 14. Due to the proposed townhouse development, individual sewer and water service are required for individually owned units. 15. Approval of this preliminary plat does not constitute approval of the development plan depicted for the property labeled as "EXCEPTION." The development of the exception piece shall require a separate review process. B. The following conditions shall apply after the filing/recording of the Final Plat: 1. This property is approved with the following minimum structure setback variations: a) Front Yard from street R-O-W= 25 ft. b) Rear Yard from exterior PUD boundary=40 ft. c) Side Yard from street R-O-W= 25 ft. d) Front/Side/Rear Yard from Sarazin Street R-O-W= 50 ft. e) Side Yard separation of buildings = 30 ft. 2. 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. 5112 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. 5112, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 20th day of April, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 Judith S. Cox, City Clerk SEAL E CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti,Planner I SUBJECT: Preliminary Plat of Brittany Village MEETING DATE: April 8, 1999 REVIEW PERIOD: March 12, 1999 to May 12, 1999 Site Information Applicant/Owner: Tollefson Development,Inc. Location: Northeast of CR. 17 and 17th Avenue East (immediately north of Longmeadow Addition) Current Zoning: Multiple Family Residential (R-3) Adjacent Zoning: North: (US Hwy. 169) South: Multiple Family Residential (R-3) East: Agriculture(AG) West: Highway Business(B-1) 1995 Comp. Plan: High Density Residential Attachments: Exhibit A: Site Location Map Exhibit B: Brittany Village Preliminary Plat Map Exhibit C: Resolution No. 5086,Approval of"Heritage Village PUD." Introduction Tollefson Development is requesting review and approval of a Preliminary Plat of Brittany Village. This development is generally located northeast of CR. 17 & 17th Avenue East, immediately north of Longmeadow Addition(Exhibit A). Considerations 1. The Planning Commission reviewed and recommended approval with conditions"Heritage Village Planned Unit Development" (PUD) at the March 4, 1999 meeting. 2. Pursuant to Stall's recommendation, the developer has renamed this PUD development from "Heritage Village" to Brittany Village. The public street names have also been clarified and labeled"Brittany Court" and"Downing Avenue," respectively. 3. This development shall consist of 83 separate townhouse units with individual lots. The first phase will consist of 50 lots, and the second 33 lots(Exhibit B). • 4. The subject site is 14.41 acres in size. The underlying zoning of the property is Multiple Family Residential, however, the Planned Unit Development (PUD) for this site was approved by the City Council on March 16, 1999. A copy of Resolution No. 5086 (Exhibit C)approving this PUD and conditions of approval is attached for your review. 5. The proposed development provides a net density of 7.75 dwelling units per acre. This density falls well below the maximum allowed(7-18 units/acre)permitted under this zone. Open space is required at 15%minimum. The developer has indicated 38%is dedicated for open space. 6. The developer was also required to resolve the ownership issues with the 33-foot city owned strip of ground, and the 8-foot strip of ground to the south of this PUD, prior to recording final plat. At the time of this report, these issues have not been resolved, and the developer is pursuing legal means to clear title to these parcels and subject site. 7. Pursuant to the developer's preference, a Common Interest Community(CIC)plat will not be requested. Instead, this development shall be governed by a Homeowners Association. All of the townhouse units will own the individually platted lots encompassing each unit. The open spaces outside all individual lots will therefore be owned in association and maintained through said agreement. 8. The intent or purpose of a PUD, "... is to encourage innovation, variety, and creativity in site planning and architectural design; to promote flexibility in land development and redevelopment..." Although each unit will not meet R-3 design standard set-backs from each lot line, the structures themselves shall be subject to the following approved set- backs: a) Front Yard from street R-O-W= 25 ft. b) Rear Yard from exterior PUD boundary =40 ft. c) Side Yard from street R-O-W= 25 ft. d) Front/Side/Rear Yard from Sarazin Street R-O-W= 50 ft. e) Side Yard separation of buildings = 30 ft. 9. The developer has also clarified a number of issues with Staff, therefore, we have determined that the resulting plat should meet the criteria, intent and design standards established by the PUD. 10. The submitted landscaping plan indicates 163 total units. City Code requires 139 based on the total building square footage. The landscaping plan exceeds the required number per code. 11. Per City Park Director's recommendation, the developer has installed a 10 foot wide trail easement north of their development for future trail connection within the NSP easement area. 12. City Finance Department indicates the subject site has a Green Acre assessment balance of $21,623.59, and a $10,672.50 St. Francis Water assessment. This Green Acre assessment must be paid prior to the plat being recorded, and the St. Francis will be reapportioned on the individual units/lots. The developer shall waive the right to appeal the reapportionment. 13. Park dedication payments shall be required in amounts consistent with the city's adopted fee schedule of$1,000 per unit. The payment of park dedication fees can be deferred until issuance of building permits. 14. The preliminary plat indicates an area designated"EXCEPTION." This area, and most of the northerly section within the NSP easement area, is currently owned by Mr. Eugene Hauer. Mr. Hauer requested to retain this parcel for his own purposes. City Engineer and Staff required the developer to submit a concept plan for this developable part of this parcel. Thereby, City Engineering could approve any stubbing of services to this site for future development. Approval of this preliminary plat does not constitute approval of the development plan depicted for the property labeled as"EXCEPTION." The development of the exception piece shall require a separate review process. 15. In order to successfully apply this PUD to the parcel Tollefson Development has purchased, Staff recommended that the entire Hauer/Kerkow/Tollefson parcels be platted together, whereas parcel separation (also for tax purposes) can be accomplished. The "Exception" or remaining Hauer parcel needs to be identified as an Outlot. No building permits will be allowed on said outlot until final platting and a separate site plan can be submitted and reviewed for this parcel. 16. City Engineer is recommending the open space or common area lots (Lot 17, Block 1;Lot 12,Block 2; Lot 14, Block 3; Lot 11, Block 4, 1st Addition and Lot 23, Block 1, and Lot 12, Block 2, 2nd Addition) be labeled as "Drainage and Utility Easements." Open space shall be common areas that can be accessed and utilized by all residents of the development. 17. City Council required in the PUD approval that one side of the streets be developed with either sidewalk or trail system. The Developer has shown a sidewalk on the north side of each street, per Staff's recommendation. The developer has indicated to Staff they may wish to discuss with the Planning Commission the possibility of eliminating or reducing the amount of sidewalk in this development. Alternatives 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Brittany Village, subject to the following conditions: a) Prior to City Council review of the Preliminary Plat: i) The Exception or Hauer parcel shall be labeled and identified as an Outlot. ii) Open space or common area lots shall be labeled as"Drainage and Utility Easements." 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) The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission prior to construction. iv) Developer shall file a Homeowners Association Agreement, in a form reviewed and approved by the City Attorney. The perpetual maintenance of all open space and outlots areas shall be provided for by said Homeowners Association Agreement. v) The developer shall provide easements, as required by City Code or City Engineering. 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 payments shall be required in amounts of$1,000 per unit. The payment of park dedication fees can be deferred until issuance of building permits. viii) 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. ix) Prior to recording of the final plat, the applicant shall resolve the ownership issues with the 33-foot city owned strip of ground, and the 8-foot strip of ground to the south of this PUD, or shall obtain signatures of all property owners for the final plat application and plat. x) The Planned Unit Development shall provide a minimum of fifteen (15%) percent of open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. xi) Green Acre assessment of$21,623.59 must be paid prior to the plat being recorded. The St. Francis Water assessment of $10,672.50 will be reapportioned on the individual units/lots. The developer shall waive the right to appeal the reapportionment. xii) The Landscape Plan, showing layout and units, shall be consistent with said plan submitted with the preliminary plat. Landscaping requirements will be reviewed at the time of building permit application. 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. xiii) The developer is required to stub water and sewer services to the adjacent parcel to be retained by Mr. Eugene Hauer, subject to City Engineer review and approval. xiv) Due to the proposed townhouse development, individual sewer and water service are required for individually owned units. xv) Approval of this preliminary plat does not constitute approval of the development plan depicted for the property labeled as "EXCEPTION". The development of the exception piece shall require a separate review process. c) The following conditions shall apply after the recording of the Final Plat: i) This property is approved with the following minimum structure setback variations: a) Front Yard from street R-O-W= 25 ft. b) Rear Yard from exterior PUD boundary=40 ft. c) Side Yard from street R-O-W=25 ft. d) Front/Side/Rear Yard from Sarazin Street R-O-W= 50 ft. e) Side Yard separation of buildings =30 ft. ii) 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 Preliminary Plat of Brittany Village, with revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat of Brittany Village. 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 Preliminary Plat of Brittany Village, subject to the conditions. Action Requested Offer a motion recommending to the City Council the approval of the Preliminary Plat of Brittany Village with conditions. e9..efe"At._ Tim Benetti Planner I i:\commdev\boaa-pc\1999\0408\ppbrittv.doc Soivie* VillagediP u,1,uu,,.,u,uiuL (11L1(JLLffl UJ 1 WJ1,,,,.,, w,-._ ,!,-,: .1,1, ______________„----) . STH. 169 .. 0 \ ° .g. ❑„, T a _ . g I - 0 0 17th Avenue E cn cm — /4 N El 4 0 ■ _ 411 ■ ❑ ❑ ❑ a x c, lipomp ,____ Es iii imat A III • a x # to• / A i aget �� Parcels P1.16=A1 N SHAKOPEE ,, CAbEv1UNf1Y PRIDE SINCE 1857 W .;'\ E EXHIBI T A s t:IgisiproJectslsitemap.apr 16March1999 15:09:53 RESOLUTION NO.5086 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT No. 15, HERITAGE VILLAGE WHEREAS, Eugene Hauer, and Gary, Gregory and Eileen Kerkow, and City of Shakopee are the owners of said property, and Tollefson Development, Inc. are the contract purchasers and applicants; and WHEREAS,the property upon which the request is being made is legally described as shown on attached EXHIBIT"A"Heritage Village PUD Legal Description; and WHEREAS,the Planning Commission of the City of Shakopee did review the Planned Unit Development of Heritage Village on February 4, and March 4, 1999, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Heritage Village Planned Unit Development were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE,REFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Planned Unit Development Overlay District No. 15, Heritage Village is hereby approved subject to the following conditions: 1. Prior to recording of the final plat, the applicant shall resolve the ownership issues with the 33-foot city owned strip of ground, and the 8-foot strip of ground to the south of this PUD, or shall obtain signatures of all property owners for the final plat application and plat. 2. The perpetual maintenance of all open space and outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 3. The Planned Unit Development shall provide a minimum of fifteen (15%) percent of open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. 4. As part of the preliminary plat application submittals, the applicant is required to submit a storm water management plan. 5. Storm water trunk charges will be paid by the developer at the time of Final Plat, as required by the adopted policy. 6. The Landscape Plan and landscaping units shall be revised to meet the requirements of the Shakopee City Code at time of preliminary plat application. 7. A development agreement stating the conditions of approval must be filed with the Scott County Recorder. 8. Developer is required to revise the name of this PUD from "Heritage Village" to an approved name by city staff at preliminary plat application. 9. Developer is required to identify the unnamed roadway ("Street A") running west to east, prior to preliminary plat application, and have it labeled an "avenue" instead of street. Name of said street to be approved by city staff. Staff is recommending the EXHIBIT C looped portion of Brittany extended be labeled with a single name, possibly `Brittany Court." 10. This property is approved with the following minimum structure setback variations: a) Front Yard from street R-O-W=25 ft. b) Rear Yard from exterior PUD boundary=40 ft. c) Side Yard from street R-O-W=25 ft. d) Front/Side/Rear Yard from Sarazin Street R-O-W= 50 ft. e) Side Yard separation of buildings=30 ft. 11. City Clerk has indicated that City Officials may need to sign the final plat as a property owner, unless ownership of this parcel has been resolved prior to final plat recording. 12. The developer is required to combine and plat the original Hauer and Kerkow parcels in their preliminary and final plat application. This PUD shall only be applied towards the developer's own separate and legal parcel identified after platting. 13. The developer is required to illustrate existing and proposed grades (if making changes), and a tentative site plan of a proposed future street system and residential development for the adjacent parcel to be retained by Mr. Eugene Hauer on the preliminary plat. 14. The developer is required to stub water and sewer services to the adjacent parcel to be retained by Mr. Eugene Hauer, subject to City Engineer review and approval, and illustrate said services and stub locations on the preliminary plat. 15. This PUD site plan shall be consistent with the preliminary plat site plan, with any modifications or revisions as prescribed by the Planing Commission. 16. Due to the proposed townhouse development, individual sewer and water service are required for individually owned units. 17. Parks Director is recommending a trail connection through the development for future connection to the trail system proposed within the NSP Easement area. 18. Developer shall file a Common Interest Community plat with the filing of final plat or a Homeowners Association Agreement, in a form reviewed and approved by the City Attorney. 19. Developer shall install a sidewalk or trail system on one side of all public streets within this development. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Heritage Village Planned Unit Development and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1999. 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I I 8 UI III1!,11111U } '` '1 ' -lip l 'r. i 1 _.iuIlii1I I 1 .11 i . pH L 111111i 1 I 1i:: g! ■1 1 l 1 ' X1 111/ SII IIS I 6 I \ • 1 11111111 1 1sod 1 11 \ 1 . •.,„ „:, 11111 1■1 a sa • v I 1 �R 133W S 1 ' 1 ',, 133aiS�w;NIZVaVS NJ2rurS SOO Q019$ 66571 r. ...Ix:len n Jr Ir EY•IrW1IIIntlrnlit ADDENDUM AGENDA ITEM No. 14.B CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I 6----- SUBJECT: Preliminary Plat of Brittany Village Tollefson Development,Inc. (Applicant&Owners) DATE: April 20, 1999 Discussion As part of your review and approval of the Preliminary Plat of Brittany Village, Tollefson Development is requesting to have the issue of the 33-foot city owned strip of ground also reviewed, discussed and approved along with their preliminary plat. In order for Tollefsons to successfully close on the property, their attorney requires City approval to convey this parcel directly to them, whereupon they can include it within their plat. City Staff required the developer to include this 33 foot parcel and the adjacent 8 foot parcel (both parcels located along the south boundary) within their PUD and plat. Under Resolution No. 5112, condition para. A.9 states"the ownership issues with the 33- foot city owned strip of ground, and the 8-foot strip of ground to the south of this PUD shall be resolved prior to final plat recording." According to Ms. Corrine Thomson, City Attorney, she did not believe a vacation proceeding was necessary, since the city had no need or intentions of using it, and the city's interests were terminated once it was clear the parcel would not be utilized for road purposes. Therefore, the city can convey to Tollefsons for nominal consideration, say $1.00. The developer will be required to perform quiet title actions on said parcels in order to satisfy our City Attorney's title opinion on the entire platted parcel. The conveyance is also contingent upon the developer acquiring clear title to said parcel. Staff respectfully requests that this item be added in Resolution No. 5112 as part of preliminary Plat approval for Brittany Village. Item No. A.9 has been added, and the remaining conditions have been renumbered. The revised resolution is attached to this memorandum. Action Requested Offer the attached revised Resolution No. 5112, a Resolution Approving the Preliminary Plat of Brittany Village, subject to conditions, and move its approval. i:coti aed\c61999bco42O\fpbriuv.doo RESOLUTION NO.5112 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING THE PRELIMINARY PLAT OF BRITTANY VILLAGE WHEREAS,Tollefson Development,Inc. is the Applicant and owners of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: That part of the Southwest Quarter (1/4) of the Southwest Quarter (1/4) of Section 8, Township 115, Range 22, Scott County,Minnesota lying southerly of the MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-6, as on file and of record in the Office of the County Recorder, together with the North 8.00 feet of the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section 17, Township 115,Range 22, Scott County,Minnesota and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Brittany Village on April 8, 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 Brittany Village 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. The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission prior to construction. 4. Developer shall file a Homeowners Association Agreement, in a form reviewed and approved by the City Attorney. The perpetual maintenance of all open space and outlots areas shall be provided for by said Homeowners Association Agreement. 5. The developer shall provide easements, as required by City Code or City Engineering. 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. Park dedication payments shall be required in amounts of$1,000 per unit. The payment of park dedication fees can be deferred until issuance of building permits. If deferred, payments shall be according to the current fee schedule. 8. 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. 9. The City of Shakopee agrees to convey the 33 foot strip of property immediately adjacent to this proposed plat for nominal consideration of $1.00. Developer shall incur the costs of obtaining clear title, including performing quiet title actions, if necessary, to resolve previous easement or ownership issues affecting said parcel. Conveyance of the strip is subject to the developer acquiring clear title to the underlying land of said parcel. 10. Prior to recording of the final plat, the applicant shall resolve the ownership issues with the 33-foot city owned strip of ground, and the 8-foot strip of ground to the south of this PUD, or shall obtain signatures of all property owners for the final plat application and plat. 11. The Planned Unit Development shall provide a minimum of fifteen (15%) percent of open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. 12. Green Acre assessment of$21,623.59 must be paid prior to the plat being recorded. The St. Francis Water assessment of $10,672.50 will be reapportioned on the individual units/lots. The developer shall waive the right to appeal the reapportionment. 13. The Landscape Plan, showing layout and units, shall be consistent with said plan submitted with the preliminary plat. Landscaping requirements will be reviewed at the time of building permit application. 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. 14. The developer is required to stub water and sewer services to the adjacent parcel to be retained by Mr. Eugene Hauer, subject to City Engineer review and approval. 15. Due to the proposed townhouse development, individual sewer and water service are required for individually owned units. 16. Approval of this preliminary plat does not constitute approval of the development plan depicted for the property labeled as "EXCEPTION." The development of the exception piece shall require a separate review process. B. The following conditions shall apply after the filing/recording of the Final Plat: 1. This property is approved with the following minimum structure setback variations: a) Front Yard from street R-O-W= 25 ft. b) Rear Yard from exterior PUD boundary = 40 ft. c) Side Yard from street R-O-W= 25 ft. d) Front/Side/Rear Yard from Sarazin Street R-O-W= 50 ft. e) Side Yard separation of buildings = 30 ft. 2. 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 1% c . CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of Southbridge Cove MEETING DATE: April 20, 1999 INTRODUCTION: Arcon Development is requesting approval of the Final Plat for Southbridge Cove. This development is generally located in the central portion of the Southbridge 1't Addition(East Dean Lake PUD), and south and east of Southbridge Parkway. This Final Plat is in substantial conformance with the approved preliminary plat. A copy of the April 8th Planning Commission report is attached for the Council's information. ALTERNATIVES: 1. Approve Resolution No. 5113 approving the final plat of Southbridge Cove with conditions. 2. Approve the Final Plat of Southbridge Cove with revised conditions. 3. Do not approve the final plat of Southbridge Cove. 4. Table the request for additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the final plat of Southbridge Cove at its April 8th meeting, and recommended approval with the conditions contained in attached Res.No. 5113. ACTION REQUESTED: Approve Resolution No. 5113 approving the final plat of Southbridge Cove with conditions. R. Michael Leek Community Development Director RESOLUTION NO.5113 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF SOUTHBRIDGE COVE WHEREAS,Arcon Development,as Applicant and Owner of the property described below; and WHEREAS,the property upon which the request is being made is legally described as follows: Oudot E, SOUTHBRIDGE 1st ADDITION, according to the recorded plat thereof Scott County,Minnesota; and WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat of Southbridge Cove on April 8, 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 Final Plat of Southbridge Cove is hereby approved 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) The developer shall provide easements, as required by City Code, including access easements to ponding areas, if necessary. v) 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. vi) 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. 5113 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. 5113, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 20th day of April, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL •'Prey' M"}s.� • Nw. 4' i ` as . ri . --- . CONSENT• `.�,. PC AGENDA ITEM No CITY OF SHAKOPEE I A 4.:I yJ2...,_ Memorandum TO: Shakopee Planning Commission { FROM: R.Michael Leek, Community Development Director SUBJECT: Final Plat of Southbridge Cove MEETING DATE: April 8, 1999 • REVIEW PERIOD: March 12, 1999 to May 12, 1999 Site Information Applicant/Owner: Arcon Development Location: Southbridge Current Zoning: Urban Residential(R-1B)Zone/PUD 1995 Comp.Plan: Single Family Residential Area: 54.96 acres, proposed in 2 phases MUM: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Southbridge Cove Final Plat Map INTRODUCTION: Arcon Development is requesting approval of the Final Plat for Southbridge Cove. This development is generally located in the central portion of the Southbridge 1'Addition(East Dean Lake PUD),and south and east of Southbridge Parkway(Exhibit A). This Final Plat(Exhibit B)is in substantial conformance with the approved preliminary plat. CONSIDERATIONS: 1. The preliminary plat of Southbridge 1'Addition was approved by the City Council on March 17, 1998. 2. This development will plat forty(40)new single-family residential lots. All road systems shown on the plat are publicly dedicated roads. 3. The Building Official,City Planner, and City Engineer will review building site plans, setbacks, materials, and landscaping at time of building permit application. 4. Park dedication was completed at time of Southbridge Addition Preliminary Plat approval. ti F ALTERNATIVES: 1. Recommend to the City Council approval of the Final Plat of Southbridge Cove, 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) The developer shall provide easements, as required by City Code, including access easements to ponding areas, if necessary. v) 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. vi) 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 Southbridge Cove with revised conditions. 3. Recommend to the City Council the denial of the request for approval of Southbridge Cove. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. .------------r------ / t .fe$ --,,t.::'re'. Y 4.e- - -. °+ .ut1;, $,s`..: z4'' � :--'4 ., "',. A 4, ; 'AO..., 3 e4. 3 ' ' d v \''',..i' 4 it 'Ai!? 411 .9, ,z a qti : rrisw &r fz tk' "aYsra . •' ..� f `'. � � ..k ` , iti 4" p_.=;•••-:-•*, r +� L t Y. 4 1 ' ; cmow. a. " r . .. � -y, .. mow '. r� STAFF RECOMMENDATION: ,i." „ . Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Southbridge Cove,subject to the conditions. . ` ACTION REQUESTED: '': . s _ Offer a motion recommending to the City Council the approval of the Final Plat of Southbridge Cove with conditions. a O R. Michael Leek Community Development Director is vlboaa-pc\1999wao8\rpsboove.ax ir I 1 I II I WI I 11-1-'... ' IN I _ ellis,-7 1111 „um milimMILM iiiftiNi., ///* M_______._ ` Same '411 vicil MI ■ II 12 , 12 11 idt, \:, ildmile9 mil a ibi . 11 11C22 :,,�...,... „ R1 B rrif s,11.4gairi ,o, AvZ R1 i D Vilttir Ililliklinir -1,Vii IN \:6,3, m Rillitetr l'7. -1\101,;..- II- iiiiii c:8"4.11. SA H 11/M' 11 AG LII!1 1411.1 AG "Iv -- ft ., ir 6- 1 1 14;IP/I ri E d 0 A ply I I . / of SouthbridgeFinal Plat CovePWleAll N SHAKOPEE w E Q Zoning r Parcels s 04/2/99 to. I Y 4 , IIII 321[1.; 121 1 3. 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CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council -...� Mark McNeill, City Administrator FROM: Tim Benetti, Planner I C@--- SUBJECT: SUBJECT: Final Plat of Classics at Southbridge Centex Homes(Applicant) DATE: April 20, 1999 Discussion Centex Homes is requesting approval of the Final Plat for Classics at Southbridge. This development is generally located in the north central part of the Southbridge Addition (East Dean Lake PUD), and north of Southbridge Parkway (Exhibit A). This Final Plat is in substantial conformance with the approved preliminary plat. A copy of the April 8, 1999, Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Classics at Southbridge, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of Classics at Southbridge, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Classics at Southbridge. 4. Table action on this item and request additional information from the Centex Homes and/or staff Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Classics at Southbridge, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5115, a Resolution Approving the Final Plat of Classics at Southbridge, subject to conditions, and move its approval. hv\cc\iv992o\fpcis@sb.doc RESOLUTION NO.5115 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF CLASSICS AT SOUTHBRIDGE WHEREAS,Centex Homes is the Applicant and Owners of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: Outlot H, SOUTHBRIDGE 1st ADDITION according to the recorded plat thereof; Scott County,Minnesota; and WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Classics at Southbridge on April 8, 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 Final Plat of Classics at Southbridge 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. The dedication language on the final plat cover sheet shall be revised to include`Boulevards, Circles and Curves." 4. The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission prior to construction. 5. The developer shall provide easements, as required by City Code, including access easements to the ponding area, if necessary. 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. B. The following conditions shall apply after the filing/recording of the Final Plat: 1. Building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. 2. 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 Cityof Shakopee Y P ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CERTIFICATION OF RESOLUTION NO. 5115 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. 5115, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 20th day of April, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL •CONSENT• PC AGENDA ITEM No. CITY OF SHAKOPEE I • Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Final Plat of Classics at Southbridge MEETING DATE: April 8, 1999 REVIEW PERIOD: March 12, 1999 to May 12, 1999 Site Information Applicant/Owner: Centex Homes Location: Soutbridge Addition Current Zoning: Urban Residential(R-1B)Zone Adjacent Zoning: North: U.S.Hwy. 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 Area: 9.64 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Classics at Southbridge Final Plat Map Introduction Centex Homes is requesting approval of the Final Plat for Classics at Southbridge. This development is generally located in the north central part of the Soutbridge Addition (East Dean Lake PUD), and north of Southbridge Parkway (Exhibit A). This Final Plat (Exhibit B) is in substantial conformance with the approved preliminary plat. Considerations 1. This final plat is the second phase of a proposed four phase neighborhood development. The first phase was completed under Southbridge 1st Addition. The preliminary plat of Southbridge Addition was approved by the City Council on March 17, 1998. 2. This development will plat thirty-five (35) new single-family residential lots. All road systems shown on the plat are publicly dedicated roads. 3. The Engineering Department has reviewed the submittal materials and has provided comment. Staff has incorporated these recommendations into the conditions of approval. 4. 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. 5. Park dedication was completed at time of Southbridge Addition Preliminary Plat approval. Alternatives 1. Recommend to the City Council approval of the Final Plat of Classics at Southbridge, 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 dedication language on the final plat cover sheet shall be revised to include"Boulevards, Circles and Curves." iv) The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission prior to construction. v) The developer shall provide easements, as required by City Code, including access easements to the ponding area, if necessary. 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) 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 Classics at Southbridge with revised conditions. 3. Recommend to the City Council the denial of the request for approval of Classics at Southbridge. 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 Classics at Southbridge,subject to the conditions. Action Requested Offer a motion recommending to the City Council the approval of the Final Plat of Classics at Southbridge with conditions. Tim Benetti Planner I iAcommdev\boaa-pc\1999\0408\fp-cl@sb.doc Classes at Southbrke FP ,.._.,__ ,_..„...„... ............._____________ — _____ ,z.„ ..,\,.. .___. - _______ ' S.T.H.169 _ .1 ' 4 1-- 5/ til110, ....4 vr ‘111110:4 t i Irttreir r Ali r D V =., _ . ... ii„,,, \sip ,. 6 ii Dean Lake iiiiir ‘ \ Ng 111. Parcels PlirnikrAl N SHAKOPEE �� COMMUNITY PRIDE SINCE 1857 W �r E EXHIBIT A s l6March!99915:42:27 r IgialproJeculsitemap.apr • t sI ;s, $ Is .I$ 114, 13*!1; it I. I; ii at 1 p E�� fl i s it R1 PI 2 4 , & � ;R'o � E 1.,i E 1 al 1R ;I f� 8 alsao gcq s 41 Ria 14' ,1 1a a vi ..-gigR kg " R € a 6 i, op i. Rsy'S 5 I K f Ii 9 I 0 v H Igt i.g IIII j a I1I% €> 49.1- 1 40 1H - 1 n }" 3 kb lir _� CY it. a' ' co a, € Cl) @ri_ I ,I I s A ` Et a s 1 } (' Cl)v! a y O C as Ii Hp 7 i `Ul al -g i ! ip 1 epi ` i R !FR FQ cad, . t t . 1 pi '1a s I C ICa . . I I i i3 , 1 $ M 71:1a I 'i g 4 1 R s I 'It! I I a 1 gi € f 3 i •--,..-r , E. i I! 1 1: kC Q I, I ;a al 3 Pt . 'E a E �` S �• I t ro-.s y _ a a ,,,-7:,.. N= f E O S N t ' _ rn IN C — -_ _,_ ... EXHIBIT B Hq9O 61,;:,. 01 N N 03°70,99•W N 02°35'24.6' l 60090 N N? b /4' '/ M.0.O10 , 'NN 01°02'20•W M.55. ?20. ££091 N 66.Z 49.47 6,..., ......a_- __4 _� gs-?�• _z f_____ ram — ? F� NM.Zr660L -1 r---- I = r----- —'1 r P,I 1 950tt s 1 1 "gdl 3i ; �t �---i i— '1 i 1 i ' 'AP� t•M��66°� \� i i NI 1 4 i Ajj ',%2/..*„e/ 6t �1\\ >� 1 ^1 1 bl I `f Q •t I V I j ; ; 'Y; .I 1 , ,< \ W-.,.�, 1 A 11 I I I 4, ' ao 1 11 F 11, .0.66'.0°I,6 -a\ \ • ;., 1 1 _I 1 ,-¢I C. 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SUBJECT: Final Plat of Longmeadow 2nd Addition Centex Homes(Applicant) DATE: April 20, 1999 Discussion Centex Homes is requesting Final Plat approval of Longmeadow 2nd Addition. This development is generally located at the northwest corner of 17th Avenue and Brittany Drive, and northeast of the St. Francis Medical Center campus (Exhibit A). This Final Plat is in substantial conformance with the approved preliminary plat. A copy of the April 8, 1999, Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Longmeadow 2nd Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of Longmeadow 2nd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Longmeadow 2nd Addition. 4. Table action on this item and request additional information from the Centex Homes and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Longmeadow 2nd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5116, a Resolution Approving the Final Plat of Longmeadow 2nd Addition, subject to conditions, and move its approval. :\oo►mnde%\c\1999bc0420\fpIong 2.doc RESOLUTION NO.5116 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF LONGMEADOW 2nd ADDITION WHEREAS,Centex Homes is the Applicant and Owners of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: Outlot A, LONGMEADOW, according to the recorded plat thereof Scott County, Minnesota; and WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Longmeadow 2nd Addition on April 8, 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 Final Plat of Longmeadow 2nd 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. Delete signature line for "Secretary" under City Planning Commission on title page. 3. 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. 4. The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for any public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 5. City Finance Department indicates a pending assessment of$67,927.00 for the 17th Avenue Improvement Project (No. 98-5). The City Engineer will reapportion these assessments against the individual units and lots and the developer shall waive the right to appeal the reapportionment. 6. Park Dedication fees are due at $750.00/unit, and may be deferred until issuance of building permits. RESOLUTION NO.5116 PAGE 2 OF 3 7. The Common Interest Community (CIC) declarations shall be reviewed by the City Attorney prior to filing with the Scott County Recorder's Office. 8. Lots abutting private streets must be within the Common Interest Community plat. 9. The following design criteria will be used for the private streets within the development: a) Private Driveway. Defined as a "no outlet" access, with the primary purpose of serving more than two units. If over 150' long then a turn-a-round is required (cul de sac, hammerhead, etc.) Minimum width 28' with parking on one side; or 32' with parking on both sides. Must be less than 500' long. Minimum setback from back of curb is 20'. Will not be turned over to the City in the future. b) Private Street. Defined as an access for units with more than one access. Minimum width 28' with parking on one side; or 32' with parking on both sides. Minimum setback from back of curb is 20'. Minimum 7 ton design. Will not be turned over to the City in the future. c) Private Street Jogs. Private street jogs (intersections less than 150') are not allowed for private street/driveway connections to the public street. 10. Sarazin Street shall be constructed with a minimum street width of 44' (curb face to curb face), and with sidewalk and trail consistent with City policy. Per city policy for residential developments, the developer is responsible for paying the cost of the local street equivalent (36' wide curb face to curb face). The developer will be required to sign a petition and waiver for the Sarazin Street improvements or have it constructed as part of the developer's agreement. 11. The developer shall provide necessary easements, as required by City Code. RESOLUTION NO.5116 PAGE 3 OF 3 B. The following conditions shall apply after the filing/recording of the Final Plat: 1. Building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. 2. 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. 5116 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. 5116, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 20th day of April, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL •CONSENT• PC AGENDA ITEM No. CITY OF SHAKOPEE 1 Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti,Planner I SUBJECT: Final Plat of Longmeadow 2nd Addition MEETING DATE: April 8, 1999 REVIEW PERIOD: March 12, 1999 to May 12, 1999 Site Information Applicant/Owner: Centex Homes Location: Northwest corner of 17th Avenue and Brittany Drive Current Zoning: Multiple Family Residential(R-3)Zone Adjacent Zoning: North: Multiple Family Residential(R-3)Zone South: Urban Residential(R-1B)Zone East: Medium Density Residential(R-2)Zone West: Highway Business(B-1)Zone 1995 Comp.Plan: High Density Residential Area: 11±Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Longmeadow 2nd Addition Final Plat Map Exhibit C: Longmeadow Addition Preliminary Plat/Site Plan Introduction Centex Homes is requesting approval of the Final Plat for Longmeadow 2nd Addition. This development is generally located at the northwest corner of 17th Avenue and Brittany Drive, and northeast of the St. Francis Medical Center campus (Exhibit A). This Final Plat (Exhibit B) is in substantial conformance with the approved preliminary plat. Considerations 1. This final plat is the second and final phase for this development. The preliminary plat of v the CityCouncil on May5, 1998. The firstphase was approved Longmeadow was approved by by the City Council on September 1, 1998. 2. This development will plat fourteen (14) lots, of which 13 will become Common Interest Community (CIC) lots. Each CIC lot shall be developed with an 8-unit townhouse structure. Each unit will be accessed by private streets and/or drives. 3. The Engineering Department has reviewed the submittal materials and has provided comment. Staff has incorporated these recommendations into the conditions of approval. 4. 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. Alternatives I. Recommend to the City Council approval of the Final Plat of Longmeadow 2nd Addition, 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. Delete signature line for "Secretary" under City Planning Commission on title page. 3. 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. 4. The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for any public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 5. City Finance Department indicates a pending assessment of$67,927.00 for the 17th Avenue Improvement Project (No. 98-5). The City Engineer will reapportion these assessments against the individual units and lots and the developer shall waive the right to appeal the reapportionment. 6. Park Dedication fees are due at $750.00/unit, and may be deferred until issuance of building permits. 7. The Common Interest Community (CIC) declarations shall be reviewed by the City Attorney prior to filing with the Scott County Recorder's Office. 8. Lots abutting private streets must be within the Common Interest Community plat. 9. The following design criteria will be used for the private streets within the development: a) Private Driveway. Defined as a "no outlet" access, with the primary purpose of serving more than two units. If over 150' long then a turn-a-round is required (cul de sac, hammerhead, etc.) Minimum width 28' with parking on one side; or 32' with parking on both sides. Must be less than 500' long. Minimum setback from back of curb is 20'. Will not be turned over to the City in the future. b) Private Street. Defined as an access for units with more than one access. Minimum width 28' with parking on one side; or 32' with parking on both sides. Minimum setback from back of curb is 20'. Minimum 7 ton design. Will not be turned over to the City in the future. c) Private Street Jogs. Private street jogs (intersections less than 150') are not allowed for private street/driveway connections to the public street. 10. Sarazin Street shall be constructed with a minimum street width of 44' (curb face to curb face), and with sidewalk and trail consistent with City policy. Per city policy for residential developments, the developer is responsible for paying the cost of the local street equivalent (36' wide curb face to curb face). The developer will be required to sign a petition and waiver for the Sarazin Street improvements or have it constructed as part of the developer's agreement. 11. The developer shall provide necessary easements, as required by City Code. 12. 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. II. Recommend to the City Council approval of the Final Plat of Longmeadow 2nd Addition with revised conditions. III. Recommend to the City Council the denial of the request for approval of Longmeadow 2nd Addition. IV. 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. I, to recommend to the City Council approval of the Final Plat of Longmeadow 2nd Addition, subject to the conditions. Action Reauested Offer a motion recommending to the City Council the approval of the Final Plat of Longmeadow 2nd Addition with conditions. Tim Benetti Planner I ,:konundevlboaa-pc\1999\0408\fp-long2.doc . _, LoQrneadow 2nd P • i... ...u.a.W❑LllUtutuwuu-u---- . _ .., .,....... . . ._. „.....„----.-"--7) S'T1.169 ___________--,, \ 1 AD 1 0 100 17th Avenue E j )43 Fri 0 ___1 1 r_ -1==k ❑ ❑ ❑ ❑ ¢ I i . 1 th 116 41111 . 411P oo itri TO 1 I I I P 0 04 41 MI # 011 1 — ' # ..tifill74 Parcels i I lai LLAI N SHAKOPEE . �,= COMMUNITY PRSINCE 1857 W ;'� E EXHIBIT A S 16Maroh199915:20:43 r IgtrVprojectrtrttemapv.apr I I 1 p 11114 11, is aI F ,11,1[ 111:1 il 44 1 1! 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I tf 4.1 Lal' yl Le'910.0 \!N 00.19'22'W v 1 mIt N 6 ,00.9►oB0=� >!`` IJ200 O m,.'" _t :2,2,70 oc'2a ...5; l.'Rl OYtf ..�.. `Ill ''at'ezt=a s ='f0 1ZI='7 a l' I O oo.00,nt. a --- _.---- I FI n Ain 1I r Ann 12/ Lv L 2Y I - V I v IVI /l v V 1 nil 1 $$ 3 I r- 'g '211 3 li 1 g s II30 i ag s $ Z �4 I ill �vi. 8 R �� i O.: y5 I s c ...1:43 6. `•' toC y N I. 1 :O = I i! ." l� I S 6 . . EXHIBIT B 1 • - . . . . 7417PPF-1 do% 4-29-98 4.19.14 p,CEN f 1 \ c • : i t Z ''.•# AI!IN..) I.' Ni#-f14.4...i..0.0../..,,,,./..../....!., / 848 /1--: i \ ' . Eft " 0. rai ••1 "11 — _11.4. I i i L. 4.1 1 81'1wIN 1 ?I , 1 3 11 811 / , Ilijimi= ii •''' / / ,." r V, NI ---- ---........"0"'"— -- - :=1- 8 r4; ....,.•' , se ,., a v ,. rdmirimm osiii=ogiss----1 , , i MI ,...._,i, __:: 1, i / ,,, icy.. 11 1 \ I A— _A--€0 ii • . . c .1 : i -•-. ( , , r .1. 1 ,i---v- ;' i=1— . +1-F r.wa ----V--t r mm ' r- silossoll="" I -/ ../ i 0 evi 2=j li i i : I milLs . in ,a, I I 1 .4 , t fa. 01• , 1 ! 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II i 14 II : - \ L..-. 11 i M A L .5 i -1--—- § i 1 \-ma.•u.ol 1/2•••••on 1"ol Ina 1.11./....o \ -t w f 01 I I -P1 0 It, Pr!S I Wifill fig 4 Z g p t g • .0 .......... ...r , P P F%P if. ; 2 4, EXHIBIT C Fe: CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Boulder Ridge Townhomes Planned Unit Development DATE: April 20, 1999 Introduction Sand Companies, Inc. has submitted an application for approval of a proposed Planned Unit Development (PUD) titled `Boulder Ridge Townhomes." The PUD is located north of Vierling Drive and west of County Road 17 (Marschall Road). The PUD proposes to develop 52 townhome units and will utilize a private street. Planning Commission Recommendation The Planning Commission has reviewed the application and has recommended approval, subject to conditions. A copy of the April 8, 1999, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Boulder Ridge Townhomes PUD, subject to conditions. 2. Approve the Boulder Ridge Townhomes PUD, subject to revised conditions. 3. Deny the Boulder Ridge Townhomes PUD request. 4. Table action to provide staff and/or the applicant time to provide additional information. Action Requested Offer and approve Resolution No. 5111, approving the Boulder Ridge Planned Unit Development, with conditions. 4ILL IfleKlima Planner II i:\commdev\cc\1999\cc0420\pudbldrg.doc RESOLUTION NO.5111 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT No. 16, BOULDER RIDGE TOWNHOMES Sand Companies, Inc. are the owners of said property, and have made WHEREAS, mp p ply application for Planned Unit Development; and WHEREAS,the property upon which the request is being made is legally described as: Lot 2, Block 1;Lot 2, Block 3 and Outlot A, Boulder Ridge (said Outlot A now platted as Boulder Ridge 2nd Addition), according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County,Minnesota; and WHEREAS, the Planning Commission of the City of Shakopee did review the Planned Unit Development of Boulder Ridge Townhomes on April 8, 1999, and has recommended its approval; and WHEREAS,all notices of the public hearing for the Boulder Ridge Townhomes Planned Unit Development were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Planned Unit Development Overlay District No. 16,Boulder Ridge Townhomes is hereby approved subject to the following conditions: a) The applicant shall generally comply with the site plan received by the City on March 26, 1999. b) A private street shall be allowed for the PUD, as depicted in the March 26, 1999 site plan. c) Setbacks from the private street shall comply with the March 26, 1999 site plan. d) Signage shall comply with the requirements of the City Code and shall require an approved sign permit. e) The PUD shall allow for the creation of a lot(s)that exists without public street frontage. The plat approval shall address any necessary cross easements for access by individual dwelling units within those lot(s). f) The landscaping and berming plan received March 26, 1999, shall be considered approved. g) The on street parking requirements of the private street shall be signed appropriately. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Boulder Ridge Townhomes Planned Unit Development and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of ,1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 Holmes Street S. Shakopee,MN 55379 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima,Planner U SUBJECT: Boulder Ridge Townhomes Planned Unit Development(PUD) DATE: April 8, 1999 REVIEW PERIOD: February 19 -June 19, 1999 INTRODUCTION Sand Companies, Inc. has submitted an application for approval of a Planned Unit Development. The proposed subject site is located north of Vierling Drive,west of County Road 17, and east of Sage Lane(see Exhibit A). The PUD proposes the construction of townhomes. DISCUSSION The subject property is 8.0 acres in size. The applicant is proposing the construction of 52 townhome units, thereby providing for a gross density of 6.5 units per acre. Please see Exhibit B. The PUD ordinance requires that 15% of the project area be provided as open space . The applicant has indicated that the project, as proposed, meets this requirement. However, prior to City Council review of the PUD, a drawing which identifies the open space areas used for this calculation shall be provided to staff for verification purposes. Staff has provided the applicant with a copy of the portion of the ordinance which outlines what areas of a project can be considered for open space requirements. Access is provided to the site via a private street from Vierling Drive. This private street was created as part of the preliminary and final plat for Boulder Ridge and was in existence at the time that Sand Companies acquired the property. The applicant is not requesting any setback variances as part of the PUD, however, they are proposing 24 foot and 30 foot setbacks from the private street. The private street, in its creation, requires a 20 foot setback. The site plan exceeds both the off street parking and landscaping requirements. The landscaping, as proposed, does not provide for the placement of landscaping units within easements that contain Shakopee Public Utilities infrastructure, and therefore, shall be considered approved. Signage for the project shall require an approved sign permit. All signage shall comply with the requirements of the City Code. The adjoining neighborhood has provided staff with a letter(Exhibit C) outlining issues that they would like to see addressed as part of this development process. Staff has attached this letter for the Commission's reference. Staff has also included those conditions to the recommended conditions of approval that it believes can/should be enforced by the City. Any other conditions are up to the discretion the Commission and Council. 44;1 •{ Shakopee Public Utilities has provided staff with a memo (Exhibit D) outlining its concerns for this development. These concerns can and will be addressed as part of the platting process. However, a copy of the memo has been attached for the Commission's and applicant's reference. ALTERNATIVES 1. Recommend approval of the Boulder Ridge Townhomes PUD to the City Council, subject to the following conditions: a) Prior to City Council review of the PUD,the applicant shall provide to staff a drawing which illustrates the areas used for the open space calculations. b) The applicant shall generally comply with the site plan received by the City on March 26, 1999. c) A private street shall be allowed for the PUD, as depicted in the March 26, 1999 site plan. d) Setbacks from the private street shall comply with the March 26, 1999 site plan. e) Signage shall comply with the requirements of the City Code and shall require an approved sign permit. f) The PUD shall allow for the creation of a lot(s)that exists without public street frontage. The plat approval shall address any necessary cross easements for access by individual dwelling units within those lot(s). g) The landscaping and berming plan received March 26, 1999, shall be considered approved. h) The on street parking requirements of the private street shall be signed appropriately. 2. Recommend approval of the Boulder Ridge Townhomes PUD, to the City Council, subject to revised conditions. 3. Recommend denial of the Boulder Ridge Townhomes PUD, to the City Council. 4. Continue the public hearing to allow staff and/or the applicant to provide additional information. 5. Table a decision on the matter to allow staff and/or the applicant to provide additional information. STAFF RECOMMENDATION Staff recommends Alternative No.1. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the Boulder Ridge Townhomes PUD, subject to conditions, and move its appro. . iie '4 a lanner II i:\commdev\bona-pc\1999\0408\pudsands.doc , if A - Propos Sand Co .noes. ,, ,.; • PUD . :. .3_ . _.....i_ ___, J—\ — V *s ,„, __ — ' , --/ — -- Ssoial —\ — A _ _ _ , _ i, iiI' ■■ .. - LIII ' S _ U��1111 �� ��►��•ti MI g��! Junior High l_ :!•`A IIIN� *mit, I I I �V School �����111r� • ii, Amid . . : --_::- IsElliffi hitt 011114, too. m * ■111111111111111 e womil ip M 111111111111/ Nor ,,44% AO N e a [ OBEN HummuSSE5 off It 4 4 1 SIDI I I 1 Az IMP 1 11114 < IThran MI6 III r .11. =____ Inv ,git 4, vt4 --wip orgy me 4.- 1,111. aiz' ' cUs n lip../4 11 ■1 ,67F'.-.' V VI so.169 I 1,,, \\_—_.--- c:30 01:: 000 I Iral ran 1--1 iii it ,c i Parcels 1111"abli N SHAKOPEE ��= w - ., E COMMUNITY PRIDE SINCE 1857 S J6March199911:37:48 t Igirlprojecutsiumap.apr CYR 115r r C":i 1 r4f*4' ... -• � '....of w�^'~ � •rya: � 144r Leo it.Send _ Inc. �y'f-Yy �p . v- fiend cI I i�i�A�1777 >'xt �"�.',: K.. --7---_-'` 366 Sash Yec�Avenue,PO Hoe 727 ; --' Waite Park,MN 56387-0727 • yoolose&Site Pisa with Neighbors Dar Mt.9aod, the time to meet wig Mr.Vierling,Mr.Nummor and myself last W Titanic you far taming and ,oa Estate last Bidet,. All of the his were ted with and whit the residentscoof and desire to ready all amiable resolutionto the Boulder Ridge your aincaity and ootvoaam torthre� endo ofPrabproject�ie andMCsdOW Estates met on Monday the lS of March toThe esidents i't+ei ur ' tad to formalize inputs and concerns for your projectwell rowelve _ • , company's teem proposal confident that,based epos their wilt you,blase will be obs' and resolute. is the list of neigbborood inputs to the Boulder Ridge Project. The Mllowing ve and wi71 be allowed 1) Dentis Involvement ayag w+e b f drvointedelopm o of tlra�Ridge Tosmhou caaple x. He ie wine t stages ohxp1ni of soy changes to the PUD and cant points wed to keep the aneighborhooddoes or '300 Snot notices"as required of dev�,opmaat. This not alleviate any city developer by "• t vo-ice=tadbairn and additional Colorado Spruce(20 2) additional) twenty on or beside of than berms as depicted in enclosed plan. addth ton)nee b is not to be black ar gstsm Soft tont 3) Earth tate shingles on top�sII luta mwrnhotaes- Calor� �Ins �diamond oolor siding(gray orbeige). Ester prorated color scheme is depicted Octane on Staid Companies Brochure. whitetrim on 4) White shudders on all windows and -5) Four tot lot trees depicted to be moved to south side of Tot lot as depicted an encplan. lo brvcblosed 6) Children's play system=Tot lot to be same as the one depicted z 7) Four-foot br.�k veneer sidingsidingora front and rear of townhouses lib the townbe� a St.ea• Cloud. ���`�inmate reserves for inflation for maintenance as long as the it) Require 10%annual iama to to cash property remains rel. Tomtits=to be cam sax�Y• 9) No window or wan A/C wails allowed. - 10) Five speed bumps placed on private toed as depicted in enclosed plan. 11) "No parking on eater sigma' •mounted visibly and where appropriate throughout Private Street and"Not a t mush steer at each auecsaen. 12) Mound Be:a,ing and five Enden trees etmg Vier:lag Dri7e. 13) Send-mutual le from manger to resident within 300 ibet of the Boulder Ridge providing inl'onnation on at least thefollowing topics;vacancy.ormover rata,neighborhood cameras,cash nesetr►ee and planned maintn aoCa• 14) Street ligbting es depicted. states greatly apprecbte you time and coneidmatiem and The residents of Prairie and with youw at the Conceptualg�'e the Coratmeaion look forward to discussing the project with on 1y Sinew*. /0( 74#1141,1''''''("------ Mulaarme Copy to:Plaiting Commission and City Connell of Shalcopee SAGE LANE \ `° / ., i0ild > I THS M ,4D®UJJ 114 \ / r I-4 A DD�F ION gD _ 1 I _ _ \ 19 . . �3L-G J I L L=°`1 I I W I 13 I = �� 6 \\// 1 ill 1 liI I 1 1 1 / A ' _al _ ._._._ _ _ _ -I- - -I - �,_l�•�•�•I�•42�34 •�•1�6�•_•�•_•4_ r J I 1) 1 ;37 lit rj 14.00 rll ;11 31, at ic .. 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Frt I /).N --1 , i 'J" � • 1 • � � i W4)- _ ..4 . . , .__ _._ N1- � -- t 1 : 1 • . � I J I I1III �1 j1 -- . i11J t ♦ �i I� ` - V' it' , I , .: 1-1 1 1 1;vi I A !I li fI, 1 DI 4Li JI .01 l" _ + �nV � i J m Si N 1 1 i I i ' I 1 I ,.o,-, N I E i1 IO M I. (>) • • _ _ _, _ Lt - 1 494.18 S00'01'41"W J G.S.A.{-N. NO. 11 (MAIRSCl-TALL 1RD.) D ■ ■ r) ■ O ■ m ■ , ■ G') ■ I ■ - ■ ` ■ A ■ r ■ NEWTOWNNOME `� 4.SCIi . m ro .�DEVELOPMENT n _/ Q.� . a y NO.1c.MEE.M IN!a 6r,h Of H•.•"•I to •�.a1 ��1�1• BOULDER RIDGE Sand Inc. Ih i : z,e, 3: TOWNNOMES —r. sen Jima/a r.•..•mo. a 366 South Tenth Avenue g S.Mu.Yim.■o4o 46301 PO Hoz 727 1e „R i 1, Nair FUR ee 2"3:::: 3' t1'S Waite Perk _AIN 56387-0727 Fp: 32d-251-49 9 F� 229x 139 1111 • ■ BHAKOPEE,MINNESOTA 1111 afrieff. 4,1 ,( SHAKOPEE 1 I • COMMISSION AVENUE - , 't OTA 55379 SHAKOPEE PUBLIC UTILITIES COMMISSION MEMORANDUM xre TO: Julie Klima, Shakopee Community Development Department FROM: Joseph D.Adams,Administrative Assistant RE: STAFF REVIEW PUD -SANDS COMPANY BOULDER RIDGE 3RD ADDITION DATE: 3/23/99 1. The preliminary plat drawing and the preliminaty utility plan drawing show some inconsistency. The utilities easement for the existing 8-inch water main connection from Prairie Lane,across the upper Valley Drainage Way,to their private drive is not aligned properly. There must be a minimum easement of 10 feet to either side of the water main. The easement must be adjusted to meet this criteria. 2. The preliminary utility plan shows a proposed 8-inch water main installed under a pond. This will not be approved. An alternate route would seem to be available which would extend the existing 8-inch water main west,along the south edge of the pond,and then deflect to the northeast,across the proposed tot lot,and between buildings as shown to the existing 8-inch stub in their private drive. This water main will require a minimum easement of 10 feet to either side of the water main. 3. Water main construction plans must be submitted to SPUC for approval. 4. A Trunk Water Charge will be billed to the developer,the 1999 rate is $773.00 per acre. 5. An Underground Distribution Agreement must be executed for electric service. Since private streets, street isplanned. Security proposed development has only nos ee lighting lighting is available as an option. 6. Trees and other landscaping materials,e.g. shrubs,fencing,decorative rock,signs,etc. must be kept out of utilities easements for proper installation and maintenance of undergroundachlie he e a r t Of Progress Valley /y. 0: CITY OF SHAKOPEE 1Q' S E v v Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Jared Andrews, Planner I SUBJECT: Text Amendment regarding rental car facilities. DATE: April 20, 1999 INTRODUCTION At their March 4th, 1999 meeting, the Board of Adjustments and Appeals made a determination that rental car facilities were similar to uses listed in the B-1 Zone requiring a conditional use permit. Since this use is not addressed in the Zoning Ordinance, staff has proposed a text amendment addressing the use. At its April 8th, 1999, meeting, the Planning Commission reviewed the draft ordinance and recommended it to the City Council as found in draft Ordinance No. 546. Language which is underlined is proposed for addition, language which is struckough is proposed for deletion. 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. 546, and move its approval Air ared D. Andrews Planner I i:\commdev\c61999\cc0420tarentcr.doc ORDINANCE NO. 546,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING CHAPTER 11,ZONING, 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 eug#: Section 11.36 HIGHWAY BUSINESS ZONE(B-1). Subd. 3 Conditional Uses L. vehicle rental facilities: AND Section 11.61 PARKING Subd.4 Required Number of Parking Spaces. TABLE 2 3. ss. vehicle rental facilities 1 per rental vehicle +1 per 500 square feet of floor area AND Section 11.87 CONDITIONAL USE PERMIT STANDARDS FOR BUSINESS ZONES Subd. 2. Specific Standards for Business Zones. RR. vehicle rental facilities 1. shall conduct all maintenance, repair. and washing of vehicles within a building 2. shall screen all rental car parking areas from adjacent residential properties 3. shall apply the parking setback to all areas where vehicles are located 4. rental vehicles must not take up required customer and employee parking spaces (Subsequent listings after each addition will be re-lettered when the code is codified.) 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 /11, IL/, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Cable Television Attorney DATE: April 16, 1999 INTRODUCTION: The Council is asked to affirm a recommendation by the Cable Communications Advisory Commission to retain Adrian Herbst of Baller-Herbst Law Group to act as attorney during the cable television franchise negotiations. BACKGROUND: The Council's previously been made aware that Paragon Cable wishes to renew its cable television franchise with the City. As a result,the Cable Commission invited two law firms who specialize in this area of law to interview for consulting services. Those interviews took place on April 7th. The recommendation of the Commission is to hire Adrian Herbst of Baller-Herbst Law Group for that purpose, and also to assist the City in other cable related questions. It should be noted that Mr. Herbst has been the cable attorney for Shakopee since the initial franchise was negotiated nearly 15 years ago. His background, and other pertinent information is attached. BUDGET IMPACT: Mr. Herbst's rates are $ 180.00 per hour. His associate attorney is at$ 160.00 per hour. The total cost of the negotiation process will not be able to be determined until after a scoping meeting is held;there are several variables involved that will greatly impact what the total charge will be. For example, if there is a comprehensive survey of cable users in Shakopee,the rate will be several thousand dollars higher than if no survey is done. The cable television franchise fees collected by the Cable Access Corporation will be the source of funding for reimbursement of Mr. Herbst's charges, and any others related to the franchise renegotiation. RECOMMENDATION: I recommend that Adrian Herbst be hired as cable television franchise attorney. A letter of engagement will be developed by Mr. Herbst after a scoping meeting with the Cable Commission,which will determine the level of work that will be needed during these negotiations. ACTION REQUIRED: If the Council concurs, it should,by motion,approve the hiring of Adrian Herbst of Baller-Herbst Law Group as cable television attorney,to assist the Cable Commission in its franchise renegotiation, and subsequent attendant questions. Mark McNeill City Administrator MM:tw CC: Cable Commission 1M, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Cable Television Attorney DATE: April 16, 1999 INTRODUCTION: The Council is asked to affirm a recommendation by the Cable Communications Advisory Commission to retain Adrian Herbst of Baller-Herbst Law Group to act as attorney during the cable television franchise negotiations. BACKGROUND: The Council's previously been made aware that Paragon Cable wishes to renew its cable television franchise with the City. As a result,the Cable Commission invited two law firms who specialize in this area of law to interview for consulting services. Those interviews took place on April 7th. The recommendation of the Commission is to hire Adrian Herbst of Baller-Herbst Law Group for that purpose, and also to assist the City in other cable related questions. It should be noted that Mr. Herbst has been the cable attorney for Shakopee since the initial franchise was negotiated nearly 15 years ago. His background,and other pertinent information is attached. BUDGET IMPACT: Mr. Herbst's rates are$ 180.00 per hour. His associate attorney is at$ 160.00 per hour. The total cost of the negotiation process will not be able to be determined until after a scoping meeting is held;there are several variables involved that will greatly impact what the total charge will be. For example, if there is a comprehensive survey of cable users in Shakopee,the rate will be several thousand dollars higher than if no survey is done. The cable television franchise fees collected by the Cable Access Corporation will be the source of funding for reimbursement of Mr. Herbst's charges, and any others related to the franchise renegotiation. , RECOMMENDATION: I recommend that Adrian Herbst be hired as cable television franchise attorney. A letter of engagement will be developed by Mr. Herbst after a scoping meeting with the Cable Commission,which will determine the level of work that will be needed during these negotiations. ACTION REQUIRED: If the Council concurs, it should,by motion,approve the hiring of Adrian Herbst of Baller-Herbst Law Group as cable television attorney,to assist the Cable Commission in its franchise renegotiation, and subsequent attendant questions. Mark McNeill City Administrator MM:tw CC: Cable Commission SHAKOPEE, MINNESOTA CABLE TELEVISION FRANCHISE RENEWAL April 2, 1999 THE BALLER HERBST LAW GROUP, P.C. Adrian E. Herbst 590 International Centre 900 Second Avenue South Minneapolis, Minnesota 55402 (612) 347-7053 (612) 336-4176 (facsimile) aherbst@baller.com Subcontractor: Technical and Financial Consulting Assistance CHARLES GRAMLICH & ASSOCIATES Charles Gramlich 8105 Chardonnay Cove Austin, Texas 78750 (512) 342-7848 (512) 342-7844 (facsimile) TABLE OF CONTENTS Page SECTION 1 Firm Background 1 SECTION 2 Attorney Qualifications 3 SECTION 3 Approach to Scope of Work 7 SECTION 4 Basis for Compensation ..9 SECTION 5 List of References 11 SECTION 6 Conclusion 16 Shakopee,Minnesota The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal i April 2, 1999 SECTION 1 FIRM BACKGROUND 1. The Bailer Herbst Law Group, P.C. 2. Minneapolis Office: 590 International Centre, 900 Second Avenue South, Minneapolis, Minnesota 55402; (612) 347-7053; (612) 336-4176 (facsimile). Washington, D.C. Office: 1820 Jefferson Place, N.W., Suite 200, Washington, D.C. 20036; (202) 833-5300; (202) 833-1180 (facsimile). 3. The Bailer Herbst Law Group is a recent formation, including a combination of The Bailer Law Group together with Adrian Herbst. The firm was formerly The Bailer Law Group and has been in business 15 years in Washington, D.C.. The combination of Adrian Herbst together with the firm was initiated November 15, 1998. By combining the practice of Adrian Herbst with The Bailer Law Group, the cable and telecommunications practice developed by Adrian will have a Washington, D.C. presence and federal issues that are establishing the regulatory requirements, can be effectively monitored and worked on by attorneys in Washington, D.C. Also, because of the industry convergence that is occurring in both cable television and telecommunications, the combination of the two firms offers complete expertise. This includes the talents of Adrian Herbst with the long history of service in public sector work and representing cities throughout the United States on cable television with Jim Bailer whose practice has focused on telecommunications matters and utility work and Sean Stokes who has worked for the Utility Telecommunications Council, a national organization that works on telecommunications for utilities. More specific detail regarding the individuals of the firm and their qualifications can be found in the bios and resumes that are made part of this proposal. 4. Adrian Herbst has assisted Minnesota cities since the early 1970s on a variety of cable television matters. He was instrumental in the development of the initial franchise for numerous cities in the Twin Cities metro area, including Shakopee. Additionally, he has provided regular advice and assistant with ongoing cable issues to cities, joint powers cable commissions, and non-profit access corporations. This past year, Adrian assisted the Southwest Suburban Cable Commission (which includes Edina, Eden Prairie, Hopkins, Minnetonka, and Richfield) through all aspects of the renewal process with Paragon, including negotiations with the same persons that will be representing Paragon in Shakopee. Similarly, Adrian worked with the nine-city Northwest Suburbs Cable Communications Commission this past year with renewal of its franchise with MediaOne. Adrian has represented both the Southwest Commission and the Northwest Commission since 1979. Also, he has served as the Southwest's Administrator, as well as attorney, since 1984. Shakopee, Minnesota 1 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 Adrian also provides legal and administrative assistance to Leagues of Cities and has participated in workshops devoted to helping cable television administrators and commission members in Minnesota and other states to learn about legal and administrative techniques and subjects. We have included an outline illustrating the broad scope of municipal services work throughout the United States and identifying cities in various states that we have provided assistance to on cable television legal and administrative matters and, in addition, a summary of some of the more recent work we have done in providing workshops and existing projects for numerous communities. Shakopee, Minnesota 2 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 SECTION 2 ATTORNEY QUALIFICATIONS 1. Persons Who will Primarily Work on Shakopee Renewal. Adrian Herbst, Sean Stokes, Mary Kay Robertson, and DeAnna Dahl. Additionally, we anticipate utilizing the assistance of Charles Gramlich of Charles Gramlich &Associates from time to time. 2. Description of each Person. We have included with this proposal a brief bio of each of the above persons, including description of experience, representative clients, and background. 3. Lead Attorney. Adrian Herbst has served the City of Shakopee in the past and will be responsible as lead attorney. We are committed to provide prompt and efficient service and will be available to begin work on behalf of Shakopee immediately. 4. Subcontractors. Charles Gramlich &Associates provides regular consulting assistance to The Bailer Herbst Law Group on financial reviews, compliance reviews, and technical matters. Charles Gramlich would be a subcontractor to The Bailer Herbst Law Group and paid directly by The Bailer Herbst Law Group. The services provided by Charles Gramlich & Associates will be billed to the City as an expense of The Bailer Herbst Law Group and a detailed description of the work and services of Charles Gramlich & Associates, when utilized, would be added to the bill and described in detail. Adrian E. Herbst Adrian Herbst is a principal with the Washington, D.C. based firm The Bailer Herbst Law Group, P.C., in charge of its Minneapolis, Minnesota office, has over 25 years of experience in municipal and governmental work, with an emphasis on cable television franchising and regulation. Adrian has been extensively involved in representing local governments throughout the country on franchise renewals, governmental ownership alternatives, franchise compliance audits, and rate regulation issues. He has also been extensively involved in the development of ordinances to assist local governments in telecommunications regulation and development of fiber optic networks. Adrian was a City Councilmember for the City of Bloomington, Minnesota and its City Attorney. He has served as a past President of the Minnesota Trial Lawyers Association and as Vice President of the League of Minnesota Cities. Adrian is a charter member of the National Association of Telecommunications Officers and Advisors (NATOA) and is also a member of the Alliance for Community Media, as well as various other legal organizations including the International Municipal Lawyers Association (IMLA), the Federal Communications Bar Association, and the Telecommunications Committee of the Minnesota State Bar Association. Adrian's cable television and telecommunications services to clients include the following: • Initial franchising • Refranchising/renewals • Franchise administration and enforcement Shakopee, Minnesota 3 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 • Transfer or sale of ownership • Feasibility studies of construction of municipal fiber optic networks • Municipal ownership • Performance audit • Technical review • Financial audits • Franchise fee audit • Rate regulation • Litigation • Negotiation • Ordinance drafting • Non-profit access corporations • Public, educational and governmental operations • Institutional network, voice, video, and data systems operations • Programming agreements • Community needs assessment • Customer service standards • Municipal rights-of-way issues • Telecommunications planning Sean A. Stokes Sean Stokes is a principal in the Washington, D.C. office of The Bailer Herbst Law Group. Sean focuses on telecommunications, energy and environmental issues. In the telecommunications area, he represents the American Public Power Association, municipal utility associations, municipal leagues and individual utilities before Congress, the Federal Communications Commission and state governments, particularly in matters involving the implementation of the Telecommunications Act of 1996. Working regularly with multi-disciplinary teams of legal and technical experts, Sean also assists local governments and utilities in making comprehensive telecommunications plans, developing telecommunications projects, searching for strategic partners, and integrating their right-of-way and zoning ordinances, franchises, licenses, pole-attachment agreements, contracts, forms, permits and other related documents. In addition, Sean assists utilities and other private radio system operators with FCC regulatory and licensing matters. Prior to joining The Bailer Herbst Law Group, Sean served as the Associate General Counsel for the Utilities Telecommunications Council (UTC), where he directed the legislative and regulatory strategy of the nation's electric, gas and water utilities, and natural gas pipelines, regarding implementation of the Telecommunications Act of 1996. In this capacity, he had primary responsibility for developing and implementing the utility industry's positions with regard to the removal of state and local barriers to utility entry into telecommunications; and the FCC's implementation of the Act's pole attachment provisions. In addition, while at UTC Sean developed and coordinated a successful legislative and regulatory campaign to protect utility and pipeline private wireless spectrum allocations Sean has frequently organized and spoken at conferences and workshops for national utility associations, as well as regional associations and individual utilities. His writings and speeches include "Telecommunications Legislation Provides Lessons for Energy-Industry Restructuring," AMRA Magazine (August 1998); "The Wonderful World Of Pole Attachments: Why Every Utility Should Care" UTC Reports On (May 1997); "Spectrum Auctions: It's The Money Stupid" Shakopee, Minnesota 4 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 DA/DSM Distributech (January 1997) "The Telecommunications Act of 1996 -- Impact on Utilities and Pipelines" UTC Reports On (February 1996); "Reforming Telecommunications: How Utilities Fare On Capitol Hill," Public Utilities Fortnightly (June 1994); Sean served on the "Industry Advisory Panel" to the Electric Power Research Institute's 1994 study of the "Business Opportunities and Risks for Electric Utilities in the National Information Infrastructure." Sean is a graduate of Denison University and the National Law Center at George Washington University. He is a member of the Bar of the United States Circuit Court of Appeals for the Federal, District of Columbia; and the local courts of the District of Columbia and Pennsylvania. He is a member of the Federal Communications Bar Association and the American Bar Association. Mary Kay Robertson Mary Kay serves as a paralegal in the Washington, D.C. office of The Bailer Herbst Law Group. She is primarily responsible for cable television and telecommunications franchise research and franchise administration. She has a substantial background in the field of cable television and cable television administration. She previously worked for the Fredrikson & Byron law firm and assisted Adrian Herbst in the administration of several franchises, including the Southwest Suburban Cable Commission which includes five cities. Her skills include research and monitoring cable television and telecommunications legislation, summarization of documents, conducting research, coordination of complaint issues and resolution of complaint matters, organization of materials, conducting surveys, retaining and updating department subject notebooks, drafting letters, scheduling and organizing meetings, preparation of budgets and annual reports. Mary Kay is active in the Minnesota Association of Cable Television Administrators and the National Association of Telecommunications Officers and Advisors. DeAnna N. Dahl DeAnna is a legal assistant in the Minneapolis office of The Bailer Herbst Law Group. She is responsible for the overall management of the Minneapolis office, including drafting documents, billings, scheduling and organizing meetings, file management, and administrative tasks. Prior to joining The Bailer Herbst Law Group, DeAnna was a legal secretary with the Fredrikson & Byron law firm where she assisted Adrian Herbst in the Telecommunications and Cable Law Department. She was a legal secretary for the Popham, Haik, Schnobrich & Kaufman law firm for six years in their Intellectual Property litigation area. Prior to working in the legal field, DeAnna was an executive assistant for The Pillsbury Company. Charles Gramlich Charles Gramlich is the president of Charles Gramlich &Associates, a consulting firm furnishing consulting assistance to local governments on cable television and telecommunications. Charles Gramlich previously served as a vice president for Time Warner Cable Company and was instrumental in the development of many major cable systems throughout the country, including the cable systems in Dallas-Forth Worth and Austin, Texas. Additionally, he was the owner, developer, and operator of independent cable systems. Shakopee, Minnesota 5 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 Prior to cable television management, Charles Gramlich served as a city manager and has background and education in public administration. Charles has worked together with Adrian Herbst as a technical and financial consultant since 1992, providing assistance with compliance and technical services in cable television renewals. He is active in many cable television and telecommunications associations, including the National Association of Telecommunications Officers and Advisors and the Texas branch of that association. Charles has been directly involved in the acquisition, construction, ownership, and management of more than 50 cable television systems. His work as a consultant includes evaluation of the design of systems, the operating procedures of cable companies, review of finances and payment of franchise fees and franchise compliance, and regular work involving rate regulation and assistance on franchise renewals and ownership transfer matters. Shakopee,Minnesota 6 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 SECTION 3 APPROACH TO SCOPE OF WORK The following provides a brief overview of the franchise renewal process services that are proposed to be performed by The Bailer Herbst Law Group and, when needed, with the assistance of Charles Gramlich &Associates. We will work together with the City and its Cable Advisory Committee to develop a process for renewing the cable television franchise held by Paragon. The process will be developed by working together to create a plan that meets the requirements of the City and at a cost for our services within the budgetary expectations of the City. Essentially, federal law establishes the guidelines for renewing a cable television franchise. It includes consideration of at least four separate findings by the City's governing body at the time of approving the requested franchise renewal. They include: 1. That during the franchise term, Paragon has provided services that have met the requirements in the existing franchise. 2. That the services and quality of services provided by Paragon to the community have been satisfactory. 3. That a proposal made to the City of Shakopee for the renewed franchise by Paragon will meet the future needs and requirements of the City. 4. That Paragon's legal, technical, and financial qualifications are sufficient to perform the obligations in a new franchise granted to it by the City based upon the future needs of the City. The main focus of a process is review of the past performance of Paragon and identifying needs for the future. This is best accomplished by gathering information from various sources in the City, including residents, businesses, institutions, schools, and the government. Having a well thought out process is important because cable television systems are no longer simply an entertainment median. New technologies, including fiber optic cable, make a cable system a communication network that can provide a broad range of services, including interactive service, internet access, and alternative telephone. The capability of a system also can facilitate school and government data transmission requirements and a wide-range of government and educational services. To begin the process, we will provide education to City representatives on the applicable law, technology and trends, as well as service capabilities. Based upon this, a definitive plan or process, including a timeline for the process, will be developed together with the Committee. The process will outline the specific tasks that we will perform and those that will be performed by various persons in the City, including staff persons and members of the Committee. The process that is developed shall include at least the following steps: Shakopee, Minnesota 7 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 1. Information and Organizational Meeting. This first meeting will provide an opportunity for us to educate the Committee and organize the planning and development of the process and timeline. 2. Create Information Gathering Surveys and Other Methods to Identify the Past Performance and Future Needs. We will work together with the Committee to create surveys to residents, businesses, and other constituent groups and plan interviews and other methods of obtaining concrete information that will help the City understand what is needed for the future and what the experience has been with Paragon in the past. 3. Implement Information Gathering. At this stage,the process of actually gathering information will begin by collecting information through the various information gathering methods developed through the previous steps. 4. Development of a Renewal Report. We will create a renewal report that summarizes the information that has been gathered, the law, technology, and various options for consideration essential for planning and development of a request for proposal and model franchise agreement. 5. Create a Request for Proposal and Franchise Agreement. We will prepare a request for proposal and model franchise agreement to furnish to Paragon for its proposal response. This will provide the means of soliciting proposal from Paragon based upon the City's outline of requirements and identification of needs. 6. Evaluation of Proposal Response. We will work together with the Committee to evaluate the proposal made by Paragon to determine if there are areas of disagreements between Paragon and the City's requirements and make recommendations on the necessity for negotiation, as well as options or alternatives for consideration by the City in negotiations. 7. Negotiations. In most instances, we have found that a renewal process requires some degree of negotiations between City representatives and the cable company. It is difficult to predict at this time the extent of negotiations with Paragon. However, in order to finalize a franchise agreement with Paragon and to finalize the recommendations to the City Council, it will be important to resolve areas in dispute and to have a basis upon which to support the decision of the City. 8. Finalization of Franchise Renewal. We will prepare necessary legal notices, outline and summarize the process followed by the Committee, develop a resolution of approval consistent with federal and state law requirements, and prepare the presentation materials for the City Council's public hearing. Additionally, we will prepare the acceptance requirements for Paragon, including a checklist of filings that Paragon must make to the City in order to complete the acceptance. We will work with the Committee to participate in the public hearing and answer questions from the public and the City Council. The foregoing is intended to provide a brief summary of the franchise renewal process. The City has a great deal of flexibility in the approach it will follow and the methods for undertaking information gathering, review and development of a new franchise. Shakopee, Minnesota 8 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 SECTION 4 BASIS FOR COMPENSATION The cost for the franchise renewal process can vary depending upon decisions made by the City. This includes what steps will be followed, the need for technical and financial assistance as well as legal assistance, the participation by members of the City's Cable Advisory Committee as well as the City staff, and the timeframe for the process. We have suggested that the process begin with an organizational meeting. The purpose of this will be for us to outline for the City, as well as members of its Cable Advisory Committee, what the steps are in a cable television renewal process and various options for participation by members of the City, as well as the Cable Advisory Committee. As a result of the organizational meeting, a definite plan of action can be prepared, including a specific timeframe and an outline of tasks that need to be performed in order to complete the process. Based on this, we are confident that we can provide the City with a definitive estimate of fees and costs for the process. We are flexible in the approach that we follow. We can provide our services based on hourly rates and the amount of time devoted to the work or we can provide the City with specific estimates and flat fee charges for various tasks. The hourly rates of individuals in the firm vary depending upon persons who will be involved in doing different tasks. We assign the work based upon what is required for each task and whose experience should apply to the specific task. We do this in order to ensure that the work is done not only in as an efficient manner as possible, but also to ensure that the costs are reasonable and make sense for the work that is being done. In addition to the foregoing, we provide municipal clients in Minnesota with a discounted hourly rate from our standard hourly rates. The hourly rates that we propose to use are as follows: Adrian Herbst $180/hr. Sean Stokes $160/hr. Mary Kay Robertson $75/hr. DeAnna Dahl $60/hr. Further, Charles Gramlich &Associates will be assigned the responsibility to work on the project based upon review of needs identified together with the City and the Cable Advisory Committee. Because of his significant background of having been a municipal manager and also a manager of cable television company operations, he serves as a valuable asset to our representation on behalf of cities. In franchise renewals, he works to develop an evaluation of compliance with past performance by the cable company and assists in evaluating technical compliance, as well as financial compliance. He performs a field audit of the system and identifies options for upgrade and rebuild in order to help the City understand will work best in terms of a system design. This is particularly useful to ensure that the City is well-informed on what its options are in order to an effective job of negotiating a new franchise with the cable company. Shakopee,Minnesota 9 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 Additionally, in many instances cities require an analysis of past franchise fee payments to determine whether or not all franchise fee payments have been made in compliance with the requirements of the franchise. These services would be based upon a future determination made between our firm and the City. Charles Gramlich works on the basis of an hourly rate of $120 per hour or an agreed upon flat fees for specific tasks. The services of The Bailer Herbst Law Group, as well as Charles Gramlich &Associates will be billed regularly to the City with detailed billing statements identifying the work that is done, the person performing the work, the date the work was performed, and the amount of time devoted to the work. Additionally, all billing statements will include identification of out-of-pocket costs that are being billed in addition to fees. We would propose to enter into an agreement with the City that will outline the specific services that we provide, the charges and other requirements that meet the standards of the City. Shakopee, Minnesota 10 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 SECTION 5 LIST OF REFERENCES We have included a sampling of municipalities we have represented in cable television franchise renewal matters, telecommunications planning, and regulatory development, fiber optic networks, and economic development projects. Additional references are available upon request. NORTHWEST SUBURBS CABLE Population: 260,000 COMMUNICATIONS COMMISSION ("NWSCCC") March 1981 - Present. We guided the Commission through the cable company selection process, negotiation and grant of a franchise. We recently completed a transfer of ownership and franchise renewal. We also provide ongoing assistance to its non-profit access corporation. We represented the Commission in enforcing construction deadline violations, the imposition of penalties, and resolution of disputes, and we negotiated a $5 million settlement to waive a buy-out right. The Commission includes the cities of Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth, and Robbinsdale, Minnesota. Contact Person: Gregory A. Moore Executive Director Northwest Suburbs Cable Communications Commission 6900 Winnetka Avenue North Brooklyn Park, MN 55428 (612) 536-8355 Subscribers - Basic Cable: 48,700 (11/29/93) SPRINGFIELD, MISSOURI Population: 183,735 December 1992 - Present. Assist the City in telecommunications planning and the development of a regulatory structure. We also assisted the City with a franchise renewal in 1993 and recently assisted with a transfer of ownership to TCI. We handle ongoing rate review matters for the City. We also evaluated a municipal utility-owned fiber optic system and provided counsel regarding the acquisition of a utility infrastructure. Contact Person: Nancy Yendes Assistant City Attorney City of Springfield 830 Boonville Avenue Springfield, MO 65802 (417) 864-1645 Subscribers - Basic Service: 42,300 (1/1/91) Shakopee,Minnesota 11 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 MOBILE, ALABAMA Population: 225,000 1996 - Present. Assist the City in telecommunications planning, implementation, and the development of a regulatory structure. We currently serve as legal consultants and administrator on cable television and the cable television franchise. Contact Person: Wanda J. Cochran Assistant City Attorney City of Mobile 205 Government Street Mobile, AL 36644 (334)434-5877 Shakopee, Minnesota 12 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 CLIENTS BY STATE ALABAMA MICHIGAN NORTH CAROLINA Eufaula Greater West Bloomfield Boone Gadsden Cable Advisory Board Chapel Hill Mobile Kalamazoo City of Durham Sylacauga County of Durham Tuscaloosa MINNESOTA Farmville Brooklyn Center ALASKA Brooklyn Park NORTH DAKOTA Anchorage Chisholm Bismarck ARIZONA Crookston OHIO Crystal Payson Detroit Lakes Cleveland Heights Wickenberg Eden Prairie Dayton St. Marys CALIFORNIA Edina Alameda Fridley OKLAHOMA Turlock Irrigation District Golden Valley Stillwater Hastings COLORADO Hopkins PENNSYLVANIA Denver Janesville Blairsvile Johnstown La Crescent Chester Luverne Erie FLORIDA Maple Grove League of Pennsylvania Cities Boca Raton Minnetonka Lower Merion Township Dania Beach Moorhead Mercersburg Fort Lauderdale New Hope Pittsburgh Gulf Breeze Osseo State College Melbourne Owatonna White Township Naples Pelican Rapids Orange Beach Pipestone SOUTH DAKOTA Santa Rosa County Plymouth Sioux Falls ILLINOIS Richfield TEXAS Aledo Robbinsdale Austin Highland Park Roseville Denton Moline Virginia Corpus Christi Rochelle MISSOURI UTAH Blue Springs Brigham City INDIANA Auburn Butler Murray Kansas City Ogden Fort Wayne Maryville Richmond North Kansas CitySt. George Salt Lake City IOWA Osage Cedar Rapids Peculiar VIRGINIA Muscatine Raymore Hampton Sioux City Raytown Lynchburg St. Charles Newport News KANSAS St. Joseph Poquoson Chanute Springfield Virginia Beach Emporia Sugar Creek Independence WISCONSIN Parsons NEBRASKA Eau Claire Topeka Columbus Menomonie LOUISIANA WYOMING Shreveport Thermopolis Shakopee, Minnesota 13 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 The following exemplifies our recent work in assisting entities with respect to cable television and telecommunications planning: A. We have conducted workshops on cable television and telecommunications matters on behalf of the following state Leagues: • Alabama • Arkansas • Florida • Illinois • Iowa • Kansas • Missouri • North Dakota • Oregon • Pennsylvania B. We have assisted the following clients on cable television and telecommunications planning matters: • Anchorage, Alaska • Boca Raton, Florida • Blue Springs, Missouri Consortium (a seven-city consortium in the Independence, Missouri area) • Cooperative Power Association • Dayton, Ohio • Denver, Colorado • Fort Lauderdale, Florida • Fort Wayne, Indiana • Gadsden, Alabama • Garland, Texas • Kansas City, Missouri • Lynchburg, Virginia (includes development of Fiber Network) • Melbourne, Florida • Mobile, Alabama • Murray, Utah • Naples, Florida • Northwest Suburbs Cable Communications Commission (a nine-city consortium in the Twin Cities) • Ogden, Utah • Port Orange, Florida • St. Charles, Missouri • St. Joseph, Missouri • Shreveport, Louisiana • Sioux Falls, South Dakota • Southwest Suburbs Cable Commission (a five-city consortium in the Twin Cities) • Springfield, Missouri • Tuscaloosa, Alabama Shakopee, Minnesota 14 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 C. We have conducted or participated in the following workshops: • National Association of Telecommunications Officers and Advisors (NATOA), general session presentation on cable television and telecommunications planning. • NATOA, regional programs on cable television and telecommunications planning. • International City/County Management Association (ICMA), regional and national programs on telecommunications planning. • International City Attorney Association (IMLA), national program on telecommunications planning. • National Rural Electric Cooperative Association Annual Conference in Houston, Texas. • National Rural Electric Cooperative Association's 1996 G&T Legal Seminar in Savannah, Georgia. Shakopee, Minnesota 15 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 SECTION 6 CONCLUSION We are very pleased for the opportunity to make this proposal to the City of Shakopee. If any area has not been described in as much detail as the City desires, we are prepared to furnish additional information that may be needed. We believe that with the background and experience that we have had with working with the City for many years and recent negotiations on similar franchise renewals, we can assist the City in the most effective and efficient manner possible. Further, because we do this work solely on behalf of municipalities, our experience in working with many others can provide substantial benefits to the City through options that we have developed with others. Additionally, there will be cost savings to the City because we do not have to originate a lot of the work and the City can benefit from the work in terms of memorandums, legal reviews, and monitoring the laws and statutes that must be done for all of the clients of the firm. Thank you in advance for your consideration of our proposal. Shakopee, Minnesota 16 The Bailer Herbst Law Group, P.C. Cable Television Franchise Renewal April 2, 1999 )5: C. CITY OF SHAKOPEE f Memorandum Al S,r- If TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Initiating the Partial Vacation of Dalles Drive APPLICANT: Amcon DATE: April 20, 1999 Introduction The attached Resolution No. 5119 sets a public hearing date of May 18, 1999 to consider the partial vacation of Dalles Drive right-of-way. On that date, comments from the public, staff'members and utilities will be heard or presented to the City Council for your consideration, as well as a recommendation from the Planning Commission(April 22, 1999 meeting). Discussion Amcon is requesting a partial vacation of Dalles Drive, between Ramsey Street and Swift Circle. Amcon is owner of the adjacent property to the south,Lot 1, Block 2, Parkview Addition(see Exhibit A). This request is being made in conjunction with Amcon's request to secure additional land space for a proposed office building space. Amcon was granted a 45 foot variance(from the 75 foot side/rear yard set-back) by the Board of Adjustment and Appeals on January 7, 1999, to construct a 5-unit office building. They are now proposing to convert the 5 unit office space to a daycare center, and add a new building to the north within this vacated portion of Dalles Drive right-of-way. Please refer to the attached site plans for preliminary review(Exhibits B&C). Action Requested Offer Resolution No. 5119 a Resolution Setting the Public Hearing Date to Consider the Partial Vacation of Dalles Drive, generally located between Ramsey Street and Swift Circle, and move its adoption. i:\connindev\c61999\cc0420\vacdales.doc RESOLUTION NO. 5119 A RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER THE PARTIAL VACATION OF DALLES DRIVE RIGHT-OF-WAY BETWEEN RAMSEY STREET AND SWIFT CIRCLE, CITY OF SHAKOPEE,MINNESOTA WHEREAS, Amcon has made application to the Shakopee City Council, dated and received March 17, 1999, requesting partial vacation of Dalles Drive,between Ramsey Street and Swift Circle, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 18th day of May, 1999, at 7:00 P.M. or thereafter, on the matter of vacating the right-of-way of Dalles Drive between Ramsey Street and Swift Circle, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S.Holmes Street Shakopee,MN 55379 CERTIFICATION OF RESOLUTION NO. 5119 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. 5119, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 20th day of April, 1998, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL L L .1.1 --- 4. k,% . ,,_ MS = -- N4 =In Nom -- E -- DT - - a_'_ _ _ _ _ �_ i�i ♦ v.►1111 el 1 111 P. ■ ■■ ! __ m.. 4. 10., :Iii:I:IIPt - :: :,!_RiB i'■■■ �♦ ♦& . i„ m.,4.i oinirev*sita awe** ...lin vino .. .I 'lii' ____ Br Aliimaillim t`k. . 1B c7 E Mini aimMI M � ii��� �li mop lin ■ � N011 0_ lirm witil la -Vaoll No _ IL or. nip :sr ..14! bolo " - • 4 Iti low- ��: r B1 R2 1 lci 0 5-m 169 ,-. 11dik Pli..-- AG R3 Mg B1 0 L 1 O _ AG J B1 \\El 00 r A1n® ,„ [:3 , I 7 _. , , , , . I I41 Conditional Use Permit for N Child Daycare Facility ' W E PitbilS Q Zoning Districts SHAKOPEE Parcels EXHIBIT A 03/30/99 111111140141116, _ A kid I V.LOS3NNIW'33d0)IVHS )kIVd SSJNISfl S i 8 8 r 1111 111 } a r111111 Hd {{ 4414:34414444 rr � '1N3WdOl3A30 43SOd0 DgItj g�� gP ��sQ uktk ---- 7 Pag kit , ( ( TTTh a s a I .q‘ W o \ 1 II v� 2 I ! • 1 • I i I / N 1• 1 x I NI L r,� w V 1 4 h I I .... '..- 91g ...-. ...Ipi Q is MINI ow I ! -" ■ I FI Ji I . <14 ta i.- I itc) 1 I 61-1 ) \ P 1_--- — / d . . P-4 . 1\ 4 Lu CIDQ p 1 1 I F.. ....11....11t,. I Z WI Ili W ii 4 I IIIC l gI CC I 1 a ____ 0 / 1 up)• - - J I _ 4) ) I Yb — _ -4___s— _ _ — o I w 3Mao OM1 3IA 121C1 !'i".111 w g1:1 14.4 N EXHIBIT B �g$ �' V.OSaNNIW'33d0)IVHS j4 ! ddSS3NISna L-8• : i: s 1 1 1 1 1 1 r :1N3WdOl3A30 03SOdOkld i-' 8i-- �eO icep 10 eft \` \� fro 1 Tl4fj W I� ,_-Z_- Vl -_ _-_-] T O 2 ) ir Ti ( ——H --H k - . 1 i I I I - r- I Ni L_ i N Iil �w,� lll - . W4111g — k I I 11 k 1 is �•. !i7g! " - 3 _ u .00r 1 CLti - - • " :�: 44 LY.„ „...A.L z___L\_ • if LU t CC En 0 11 4 .134 1) ') y' 4.4 3I I 7 11 LFL-1 i Q CA Irs (.,:_"..1.0 g}r Z 4 2 W 11 IC- li 1 a li E 11 11, ______ 7, ( b _ _ _1_ _ o W 3N210 9NI12131A LL Wll: U) EXHIBIT C is. c. , CITY OF SHAKOPEE Memorandum N s'—i d TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Initiating the Vacation of Easement DATE: April 20, 1999 Introduction The attached Resolution No. 5114 sets a public hearing date to consider the vacation of easements. The requested vacation is for easements located within the residential portion of the Boulder Ridge subdivision. Discussion The City received a petition for the vacation of easement from Sand Companies, Inc. The attached resolution sets a public hearing for May 18, 1999. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for your consideration. Action Requested Offer Resolution No. 5114, A Resolution Setting the Public Hearing Date to Consider the Vacation of Easement within Boulder Ridge, and move its adoption. ju e i o Planner II i:\commdev\ec\1999\cc0420\vacphblr.doc RESOLUTION NO.5114 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF EASEMENT WITHIN BOULDER RIDGE WHEREAS, it has been made to appear to the Shakopee City Council that easements dedicated with Boulder Ridge, City of Shakopee, County of Scott, State of Miinnesota, serve no public use or interest;and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 18th day of May, 1999, at 7:00 P.M. or thereafter, on the matter of vacating easements within Boulder Ridge, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council -_.� Mark McNeill, City Administrator FROM: Tim Benetti, Planner I (e--- SUBJECT: Resolution Approving Conditional Use Permits PC 98-44 &PC 98-45 APPLICANT: Independent School District No. 720 (Shakopee Public Schools) DATE: April 20, 1999 Discussion On May 7, 1998, the Board of Adjustment and Appeals approved Conditional Use Permit Resolution Nos. PC 98-44 and PC 98-45, for the Shakopee Senior and Junior High School expansion projects. On May 19, 1998, the City Council reviewed an appeal filed by Independent School District No. 720 regarding certain conditions within their CUP's, specifically the capping of outdoor refuse containers (Condition No. 1 in each permit). Staff recommended that Council make a motion to either approve or deny the Appeal request, and direct staff to draft a resolution consistent with that determination. The Council approved the elimination of capping or roofing refuse containers, and directed Staff to draft a resolution approving their Conditional Use Permits with revised conditions. It was recently discovered that Staff inadvertently revised the original Board of Adjustment and Appeals resolution. A resolution approving their appeal and revised Conditional Use Permits must be offered by the City Council and executed by the Mayor and City Clerk. Action Requested Offer Resolution No. 5120, approving Conditional Use Permit Resolution Nos. PC 98-44 and PC 98-45, resolutions granting the expansion and addition work to the existing Shakopee Senior High and Junior High schools,with revised conditions, and move its adoption. is\commdev\cc\1999\cc0420\isd-reso.doc RESOLUTION NO. 5120 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING AN APPEAL TO CONDITIONAL USE PERMIT Nos.PC 98-44 and PC 98-45, SPECIFICALLY CONDITION No. 1,FOR A PUBLIC SCHOOL EXPANSION& ADDITION IN THE URBAN RESIDENTIAL(R-1B)ZONE WHEREAS Independent School District No, 720, as Applicant, has filed an application dated and received April 10, 1998, for a Conditional Use Permit for Public Schools, under the provisions of Chapter 11,Land Use Regulation(Zoning), of the Shakopee City Code, Section 11.28, Subd. 3; and WHEREAS,the properties upon which the request is being made is legally described as; SEE ATTACHED LEGAL DESCRIPTION-EXHIBIT A WHEREAS,these parcels are presently zoned Urban Residential(R-1B)Zone, and WHEREAS,notice was provided and on May 7, 1998, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment; and WHEREAS,the Board of Adjustment and Appeals granted Independent School District No, 720,Conditional Use Permit Nos.PC 98-44 and 98-45, subject to conditions; and WHEREAS, Independent School District No, 720 filed an appeal on May 14, 1998, to the City Council of the City of Shakopee, regarding a certain condition within their Conditional Use Permits, specifically, Condition No. 1,"capping of outdoor refuse containers," and WHEREAS,the City Council heard and reviewed the appeal at its meetings of May 19, 1998, and approved Independent School District No, 720 partial appeal of Condition No. 1, specifically, the condition requiring that outdoor refuse containers be capped. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, AS FOLLOWS: That the appeal of Independent School District No, 720 from the decision of Board of Adjustments and Appeals regarding Condition No. 1, as evidenced in Resolution Nos. PC 98-44 and 98-45, specifically the requirement that outdoor refuse containers be capped, is hereby APPROVED, and the applicant is no longer required to place capping or roofing on top of all screened refuse containers. BE IT FURTHER RESOLVED, that Conditional Use Permit No. PC98-44 is hereby GRANTED, subject to the following conditions: 1. All outdoor refuse containers shall be screened to a height of six(6) feet. 2. All driveway entrances and parking lots shall be appropriately signed, striped and marked. 3. Any new, revised or proposed exterior lighting shall be designed and constructed to eliminate direct illumination, glare and/or spill light into any surrounding residential neighborhood lot(s) or streets. Applicant is responsible for providing mitigation measures to ensure compliance with exterior lighting standards as provided in City Code. 4. The proposed building expansion, parking layout and landscaping plan shall be consistent with the submitted site plans, subject to any modification(s) specified above or by the Board of Adjustment and Appeals. and that Conditional Use Permit No.PC 98-45 is hereby GRANTED, subject to the following conditions: 1. All outdoor refuse containers shall be screened to a height of six(6) feet. 2. All driveway entrances and parking lots shall be appropriately signed, striped and marked. 3. Any new, revised or proposed exterior lighting shall be designed and constructed to eliminate direct illumination, glare and/or spill light into any surrounding residential neighborhood lot(s) or streets. Applicant is responsible for providing mitigation measures to ensure compliance with exterior lighting standards as provided in City Code. 4. Only one access shall be allowed onto County Road 79 (Spencer Street). Any relocation or request to relocate the existing access will require an access permit from Scott County Engineer(Highway Department). 5. Any grading or utility work required within Scott County right-of-way will require a permit prior to any construction work. 6. No ponding, berming or signing will be allowed within the County right-of-way. 7. The proposed building expansion, parking layout and landscaping plan shall be consistent with the submitted site plans, subject to any modification(s) specified above or by the Board of Adjustment and Appeals. Adopted in regular 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 _ • • _ • RE: SHAKOPEE JUNIOR HIGH SCHOOL CONDITIONAL USE PERMIT RES. No. PC 98-44 • LEGAL DESCRIPTION: The North Half of the Southeast Quarter of the Northeast Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota; together with The East 678..8 feet of the South Half of said Southeast Quarter of the Northeast Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota; excepting the South 16.5 feet thereof. - - . • • • EXHIBIT A • 71) Y / Y L N U - c O r . 0O` p 0LN 00 M 0 OO O pM IO �a poa o «^ no.. aa o oppo<Y o ...W. 00 a12Zo 6- 0 w15 : $ ~ 0-'0c Se «2I c .. Nmza= $ o ° O °- 3 v >. ic., 8p-cLE • r0U ° � C 0"'yO NO40U 1.C. pY - k2V0.„....0 v� 3 o `°; « L 3 C 0b CO °bei YY- o c .. c ° 0.-._ p-a «u •. r00°N c * P ° «` ° c0• O0o O . 0LLUw ONO LN « 0YOO =W O 0N 2.2• - O ° .6-8-5-0 * w OjNiC..p0 _ N0 CO O.0 O Op O UA OO � O N . SdaN a 0 Oty0 'or) oL °-. o 0 .. N cYOO ., «.+3YnNV N3 UcCom ° 0o... 0 pcN0O«« 00lPc. • N3 r- O0 , - d O0L 13 Ow 0 - NrEN« Nc a«. OWO u .--2-4- uiOp IIySOaO� �_ • aTNVO OG CYVL ! ° > IS 0'806y MU.. 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O06 y « = C ° . 0 0 �« C � _�Y~_ o Lt ..n 00N «L _EC0 ° ..zcY ° � H v\ r CO o °° M 0 •MZ3. 0 °�z« E "uo Z.3 �0 � a:EyW 00 ;Y « a„ « ° c p ° u -N -15° 0; >. y "eN.acc 030 .c OoVuM~ °~ W' mL OaA.. paaL ° " O °”; ° UO4_00Y. z o 'n • 0 •0O .Es 010E o °=N3 wluC1oN ° wz pYc � „ o O05,4s-g , - L OO Z r Y V 3 °/j NYa 1cYZYM O , 0OaUy0w.wa01N , YYU1nUa U d«NLo Y :. a0 L C~ +ad1aY0N<W1 o,.6 1,1 Z V C CN °17 yOpa_ NCaNO p0 Ct00<O ° LnYU N No ' eLN 1-Oc >.° Na _ ° OCN ....- 000 ` 0 M ^ VL « Y0Ld^ .. _ OV re y0 E on ON 1MLOC ° Z0y 06 O + V00 w eN O 0 26 ° Z0 00 N t"L0OO «ZW1..1 Li Z > dp« C 0Z YaayOLL.. r O > OO OM -m0 O • � Oc « YpoOZ "_ % o N° ;OZC • ° 0 OY ` N6O2 ` C N0 0 Y Y o O. C0OYU - yal' 0 U c y U-O .Om 0L.0 O . Z «N. Cad La a Y 00Y O� OLc ° pOL ° ° o - O000 02 Y � VIU 0° l° g t _. .5W .c 0aZn0 "'w ....Ny- 50 Y- >.0 YLQ. 0 OOODO0 O 00 ia 0 tN GOo ° acou3o ° Eo -0 N « a , om " c °' - " c te: Mo L. < 0« . m ` ° aOctH0 ~ CtC«FpmLO L. O' C ,.-0 U ..-= - O a - °0 U °LCo ° ° J Y: 0... O CNmN'° J0cYa0N0Y'C LY « uV-rdO� Oma O o < ° YYCuu u 0'2 Ym °i ouec OV C °dOO U S -Pc O ° o CC Eo o-Si" a.n1° o E °M°oa cuv z!Ca0Q- >L 0zc0.._-=....> LU- 0O. L < 0 = ‘, 0 , -MO < L ONN ° con O 0. < + N«_ U .<v1- O< uv 1- a Ud 030 .6 4'a-- O. 0. 4- UOQmn o u.. 1nnv CERTIFICATION OF RESOLUTION NO. 5120 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. 5120, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 20th day of April, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL Esc. '‘7,, CITY OF SHAKOPEE Memorandum C , TO: Mayor and City Council - Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Initiating the Vacation of Alley Right-of-Way Block 36, Original Shakopee City Plat APPLICANT: Valley-Dynamo,L.P. (Mr. Joel Puffer, Attorney w/S. John Roach&Assoc.) DATE: April 20, 1999 Introduction The attached resolution sets a public hearing before the City Council on May 18, 1999 to consider the partial vacation of an alley within Block 36, between Pierce & Shumway Street, and 2nd & 3rd Avenue. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission (May 6, 1999 meeting), will be presented to the City Council for consideration. Discussion Mr. Puffer, on behalf of his clients Valley-Dynamo, L.P. is requesting the vacation of the 16 foot wide alley between Lots 2-9, and the southerly 8 feet of alley adjacent to Lot 1, all in Block 36. An area map/site plan is attached for your reference. Action Requested Offer Resolution No. 5122, a Resolution Setting the Public Hearing Date to Consider the Vacation of Part of the Alley within Block 36, Original Shakopee City Plat, and move its adoption. islcommdev\cc\1999\cc0420\vac-b136.doc RESOLUTION NO. 5122 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF PART OF AN ALLEY WITHIN • BLOCK 36,ORIGINAL SHAKOPEE CITY PLAT WHEREAS, it has been made to appear to the Shakopee City Council that part of an alley right of way dedicated within Block 36, Original Shakopee City Plat, County of Scott, State of Minnesota, seryes no public use or interest;and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 18th day of May, 1999, at 7:00 PM or thereafter, on the matter of vacating part of an alley right of way within Block 36, Original Shakopee City Plat, County of Scott, State of Minnesota. 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 S.Holmes Street Shakopee,MN 55379 ......... /Wit r %rrrrrr r ' `"` ' / rrrrpr rrrvrr F r � _ ' " , Ch1 .6•0".. %rrrrrr rrrrrr .:-,.; • „,4":,:: :0 Y �.... r rrry '� vrr . ' _ ;,-ii—..--4`,.,'''. .,/ %%lits• r�r11r Nrrrr rrrrrr `• � } -,n �a � j .. 1 v rr NI r'rrrr rrrr{r ,� rsRtrz1 ASF 1„-.. ,.� rrrrr • r rrrrrr''' ;- / - • LP • , 4s • rrrrrrrrrrrrr ,�: •1 )'•« a l- � .- (24u.g_ ,. N -- r . 3 ��.( �•,0 14, sPi� 4 amu' ` yr j Iit — 040 Iii -;; :i mp.-- 00,3•46. �/ i Wt^l , :Zit C ....''...#.' \ . ' ,.- ”. • ..'., tb • til A \ .., , , ,. 6 -4t.k ".61 . ...--:,_ 101 '-4,,,t, I.it.v 16,.1„: ao Lg1P0/ '4e0;t:''' 2'- . '%Ili 003°6". ., ...,!._.,.V.:7;:..r.s.„:';--,....-,':!-..* ' ',,, . .100304. \ • 8 l -. \ \ r �� �' Z,+ 0. \ SaKri IX sy \ ..4.+J 99 "' 10 --6 b .-v" \ '.-"`L' ot \ v%14 4 :. 5`aP ALL. \ F ,NIG k'; ,. \ , ...-• 1.",,,...e.71 a''1444 - ------ ,.. 1: ..t?lt. . , . '-' A.'' 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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. 5122, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 20th day of April, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL 15: 0. 1 . CITY OF SHAKOPEE Memorandum C R TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Request of Centex Homes Regarding Hourly Restrictions on Construction Activities for Longmeadow and Southbridge Developments DATE: April 20, 1999 INTRODUCTION: By letter dated March 31, 1999, Centex Homes, developer for Classics in Southbridge Addition and Longmeadow Addition 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. Centex Homes is requesting a suspension on the hours as follows: Saturday 7:00 A.M. to 5:30 P.M., from May 1, 1999 to July 1, 1999 in Longmeadow Addition 7:00 A.M. to 5:30 P.M. from May 1, 1999 to August 31, 1999 in Classics in Southbridge Addition 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 Centex Homes, as per their letter dated March 31, 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 Centex Homes, as per their letter dated March 31, 1999 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. iAle 41,'a 4 ruce Loney I Public Works Director BL/pmp RESTRICT CENTEX HOMES Minnesota Division 12400 Whitewater Drive Suite 120 Minnetonka, MN 55343 • DPhone:612-936-7833 xF Fax:.612-936-7839 i 1= March 31, 1999 + ' �50 • . s,(99g City of Shakopee /�)' �F U/ Attn: Bruce Loney S 129 Holmes Street South � ®p Shakopee, MN 55379 F� Dear Bruce: This spring we will begin construction on second phase of both Longmeadow and Southbridge. It is anticipated the same contractors will perform the work for Centex to complete these neighborhoods. Similar to the request made last year, we would like to allow our contractors the opportunity to begin work at 7: OOAM on Saturdays. Obviously, the extended hours will allow the work to be completed as quickly as possible and avoid a longer construction schedule than necessary. Thank you in advance for consideration of this request. Unless I hear from you I will assume the extended work hours will be approved. If you do have some concerns please let me know as soon as possible. Sincerely, Steve Ach Land Development Manager V ‘ ,--013:0 0 U 111 47 •Q Z Z W CC M W I— . J W WQ H V et. Q v•vv♦ W CL > W a PHEASANT RUN ST. ) Q t § Illt V" r1-1 ill ® I .rr 'NQS • `'v 1 j10' f— in g ill in it . 0 C..) Iia ® • M! 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CITY OF SHAKOPEE Memorandum TO: Mayor&City Council ,CONS ENT Mark McNeill, City Administrator FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Valley Green Corporate Center Wetland Replacement DATE: April 20, 1999 INTRODUCTION: Valley Green Business Park Limited Partnership has submitted a Wetland Replacement Plan application. Staff has reviewed the application, has requested an evaluation by the Technical Evaluation Panel (TEP), and has provided public notice as required by law. The replacement plan must be acted on by the City Council in their roll as the Local Government Unit (LGU) for the Wetlands Conservation Act (WCA) of 1991, as amended. Attached for Council consideration is Resolution No. 5124, a resolution approving a Wetland Replacement Plan for Valley Green Business Park Limited Partnerhsip. BACKGROUND: The Wetland Replacement Plan, as proposed by Valley Green Business Park Limited Partnership, would fill in approximately 0.52 acre of wetland. These impacted wetlands are proposed to be replaced by constructing 1.20 acres of wetland replacement along with an additional 2.15 acres of wetland buffer,which can be used as public value credit. The City has requested a review of the plan by the TEP which consists of a City staff member, a representative from the Soil and Water Conservation District (SWCD), and representative from the State Board of Soil and Water Resources (BWSR). This TEP is established by the WCA, with the purpose of providing a professional, technical review of wetland issues to the City Council. The TEP has reviewed the replacement plan and is recommending approval of the plan. The Wetland Replacement Plan is being proposed to accommodate the proposed development of Valley Green Corporate Center. ALTERNATIVES: 1. Adopt Resolution No. 5124. 2. Deny Resolution No. 5124. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5124, A Resolution Approving a Wetland Replacement Plan for Valley Green Business Park Limited Partnership and move its adoption. "fie Joel Rutherford Assistant City Engineer JAR/pmp MEM5124 RESOLUTION NO. 5124 A Resolution Approving A Wetland Replacement Plan For Valley Green Business Park Limited Partnership WHEREAS, the City has received a Wetland Replacement Plan from Valley Green Business Park Limited Partnership for the proposed Valley Green Corporate Center; and WHEREAS, the applicant has demonstrated that the proposed Wetland Replacement Plan complies with Minn. Rules Parts 8420.0540 and 8420.0550; and WHEREAS, all interested parties on file in the office of the City Engineer or identified in Minn. Rule 8420.0230 have been mailed notice of the proposed Wetland Replacement Plan; and WHEREAS, the Technical Evaluation Panel reviewed the proposed Replacement Plan and considered the public values, location, size and type of wetland being altered and recommended approval of the Wetland Replacement Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Based on the replacement standards in Minn. Rules Parts 8420.0630, and on the recommendation of the Technical Evaluation Panel, the Wetland Replacement Plan is hereby approved. 2. Approval of this Wetland Replacement Plan shall become effective upon its adoption. 3. A copy of this decision shall be mailed to all interested parties and to the applicant. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk J5 E / , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk / SUBJECT: Application for On Sale 3.2 Percent Malt Liquor License, Shakopee Jaycees, Inc. DATE: April 15, 1999 INTRODUCTION: City Council is asked to consider an application for an on sale 3.2 percent malt liquor license from the Shakopee Jaycees. BACKGROUND: The new Shakopee Coyotes baseball club has asked the Shakopee Jaycees to sell beer during their home games at Tahpah Park. There are ten games scheduled and should one be rained out it would be rescheduled. The City Code limits the number of temporary licenses that can be issued to 10. Because of the limit of 10 temporary licenses that can be issued and because there would not be enough time to allow for the application for an additional temporary license should a game be rained out and a new date set, the Jaycees have decided to request a regular license. A full license will allow them to sell beer at the baseball field for all of the Coyotes games no matter when they occur. Mr. Gary Hartmann, General Manager of the Shakopee Coyotes Baseball Team, has visited with the Police Chief Hughes regarding their plans for the sale of beer within the baseball field. Chief Hughes has advised me that there is no reason that the license should not be issued. This license does not extend to all of Tahpah Park, but would be confined to the fenced in baseball field. The Jaycees are in the process of obtaining the required certificate of insurance. ALTERNATIVES: 1. Approve the application and grant a license 2. Deny the application 3. Table the application for additional information RECOMMENDED ACTION: Approve the application and grant an on sale 3.2 percent malt liquor license to the Shakopee Jaycees, Inc. , within the Joe Schleper Baseball Stadium at Tahpah Park, upon submission of the required evidence of insurance, effective May 2, 1999. i:\clerk\jeanette\licenses\jaycees /S; E, . . , MEMORANDUM CONSENT CITY OF SHAKOPEE MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Election Judges DATE: April 15, 1999 INTRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the May 11, 1999 Special Election. RECOMMENDED ACTION: Offer Resolution No. 5123, A Resolution Appointing Judges of Election and Establishing Compensation,and move its adoption. JSC/jms [i:\clerk\jeanette\election\election.res] • - RESOLUTION NO. 5123 A RESOLUTION APPOINTING JUDGES OF ELECTION AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,THAT: 1. The following persons are hereby appointed Judges of Election for the May 11, 1999, Special Election for the eight polling precincts within the City of Shakopee designated in Resolution No.4407,adopted March 12, 1996. FIRST PRECINCT: Dorothy Breimhorst Winnie Anderson(Chair) Regular Judges Vella Gould Claude Kolb Dell Reed -- - Evelyn Weckman Marie Beckrich SECOND PRECINCT: Bob Nieters Marcy Schmidt(Chair) Regular Judges Marilyn Lang THIRD PRECINCT: Jerry Klein Maetta Jurewicz(Chair) Regular Judges Marvel Siebenaler Barb Zupan Bud Geske Darlene Schesso Don McNeil FOURTH PRECINCT: Edna Wangerin(Chair) Joan Schultz Regular Judges Pat Clemens Murial Koskovich FIFTH PRECINCT: Virgilla Geske(Chair) Carol Link Regular Judges Joan Hart Betty Dols Louise Vyskocil Helen Link SEVENTH PRECINCT: Carole Hedlund(Chair) Jane Rodning Regular Judges Carla LaBarbera Reuben Patrikus Jodell Kirkland Colleen Zastrow Lillian Weinandt EIGHTH PRECINCT: Claudia Meyer JoAnn Coller(Chair) Regular Judges Betty Teich Lenore Johnson Nancy Vaughn 2. The Election Judges shall be compensated for their work at the rate of$5.50 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $6.00 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms,intents,and purposes of the Resolution. Adopted in adj. regular session of the City Council of the City of Shakopee, Minnesota,held this 20th day of April, 1999. Mayor of the City of Shakopee ATTEST: City Clerk [I:clerk\jeanette\clection-election.res] 1S. e. ,, CITY OF SHAKOPEE Memorandum CONSENT; TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Resolution No. 5109 Amending the 1999 Fee Schedule DATE: April 9, 1999 Introduction & Background Pursuant to previous council action, the above resolution is brought to council to adopt changes in the 1999 Fee Schedule. The changes are; • Sets a fee for special assessment splits when a split is permitted instead of payment. • Sets the rate charged for contracted police services. • Updates the VIP connection charge for interest on phase one of the sewer project. • Sets the VIP II connection charge for the deferred charges from the second phase of the sewer project. Action Offer Resolution No. 5109, A Resolution Amending The 1999 Fee Schedule, and move its adoption. reg' ox and Fina e Director C:\gregg\memo\feea99 RESOLUTION NO. 5109 A RESOLUTION AMENDING THE 1999 FEE SCHEDULE WHEREAS, the Shakopee City Council desires to implement additional fees for services, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the 1999 Fee Schedule is amended to include; Fee for splitting special assessments when permitted instead of pay off $600. 00 Hourly rate for contracted police services . $46. 00 VIP connection charge to the benefited area for the first phase of the VIP sewer project - per acre $712 . 08 VIP II connection charge to the benefited area for the second phase of the VIP sewer project - per acre $268 . 58 The two VIP connection charges are to be collected with the final plat or if previously platted, with the building or plumbing permit 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 ise. y. CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Special Assessment Abatement DATE: April 9, 1998 Introduction & Background Approval of the application for abatement of pay 1999 special assessments needs Council approval in order to correct the special assessment records. A payment of specials was received in 1998 and not properly recorded. Action Move to abate the code 27107 pay 1999 assessments on the following parcels : 27-201002-0 6315 . 90 27-201001-0 6315 . 90 Gregg Voxland Finance Director is\finance\docs\gregg\abate? CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 15.E.5. - Special Joint Meeting- School Board DATE: April 19, 1999 Superintendent Bob Ostland and I have discussed the need to have a joint meeting between the I.S.D. 720 School Board,and Shakopee City Council to discuss items of mutual concern. Possible items at this time include: 1. COPS grant participation for an officer in the high school. 2. Tennis Courts 3. Parking Lots 4. Acquisition schedule for parks adjacent to Sun Path School. I explained that the Council does have several additional meetings scheduled during May, but we do have some suggested times. (Late afternoons work well for the School Board.) Suggested times would be as follows: 1. Monday,May 3rd or Monday,May 17th-4:00 or 4:30 PM. This would precede a regular School Board meeting, so would need to be concluded by 6:45 PM. The May 3rd date would also conflict with the 4:30 PM SPUC meeting. This would need to be at the I.S.D. offices. 2. Monday,May 10th-would precede a 7:00 PM Board of Review meeting, meaning that Councilors Amundson and DuBois will have meetings back-to- back that day. Meeting location would be at City Hall. 3. Tuesday,May 25th-the least desirable from a school or staff standpoint,but a 4:00 or 4:30 PM meeting is possible if concluded by 6:30 PM. ACTION REQUIRED: The Council will be asked to identify a time that would work for a joint with the I.S.D. 720 School Board. AAZ IhJIL.1t1/ Mark McNeill City Administrator MM:tw CC: Dan Hughes Michael Leek Mark McQuillan Gregg Voxland ■r r- M TAW 1T99F SS May 1999 June 1999 13 1 2 3 4 Shakopee City Calendar M T W T F S S 22 1 2 3 4 5 6 14 5 6 7 8 9 10 11 23 7 8 9 10 11 12 13 15 12 13 14 15 16 17 18 24 14 15 16 17 18 19 20 16 19 20 21 22 23 24 25 25 21 22 23 24 25 26 27 17 26 27 28 29 30 26 28 29 30 Mon Tue Wed Thu Fri Sat Sun 1 2 3 4 5 6 7 8 9 4:30P SPUC 7P City Council 6:30P Cable 7P Planning Meeting Commission Commission 10 11 12 13 14 15 16 8A Park 8A Mark at MN 8A Mark-MN 8A Mark-MN Referendum Mgrs.Conference Mgrs.Conference Mgrs.Conference May 12-14 17 18 19 20 —21 22 23 6P City Council 4P CC 7P Planning Workshop with Worksession with Commission Scott County Planning Administrator/STA Commission 7 City Council 24 25 26 27 28 29 30 7P Park and Recreation- Community Center 31 9:15AM Tuesday,April 20, 1999