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HomeMy WebLinkAbout05/04/1999 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA MAY 4, 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-Proclamation- Shakopee Film and Video Festival Day 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 March 2, March 10, and March 23, 1999 *8] Approve Bills in the Amount of$493,413.35 9] Communications: 10] Public Hearings: A] 7:00 P.M. -Proposed Improvements to Sarazin Street from St. Francis Avenue to Valley View Road, Project No. 1999-3 - Res. No. 5134 B] 8:00 P.M. - Tobacco License Violations Involving Sales to Minors 11] Liaison Reports from Councilmembers 12] Recess for an Economic Development Authority Meeting 13] Re-convene TENTATIVE AGENDA May 4, 1999 Page -2- 14] Recommendations from Boards and Commissions: A] Preliminary Plat of Boulder Ridge Townhomes, located north of Vierling Drive and Cub Foods-Res. No. 5130 B] Preliminary Plat of Vierling Plaza, located east of Marschall Road and south of Vierling Vierling Drive -Res. No. 5110 - tabled 4/20 15] General Business A] Parks and Recreation 1. Authorization to Advertise for Bids for the Joe Schleper Baseball Stadium 2. Hiring Consultant for Municipal Pool Improvements *3. Minnesota Recreation and Park Association's Parks and Recreation"Your Best Investment"Program B] Community Development 1. Appeal by SuperAmerica of conditions placed on a conditional use permit for property located north of 12th Avenue and east of CR 83 2. Appeal by Continental 89 Fund LLC of conditional use permit for property located south of Vierling Drive and east of Marschall Road -Res. No. 5132 3. Ballard/Flood appeal regarding door location on south side of building at 735 E. 1st *4. Completion of Probationary Period -Bonnie Mauritz 5. Traffic Study for Marschall Road and STH 169 6. Canterbury Park Upcoming Events -Lilith Fair Concert 7. Request of Waiver to Minor Subdivision Requirements- Valley Haven Mobile Home Park -Res. No. 5131 8. Request of Waiver to Minor Subdivision Requirements for property located at 1050 and 1052 Marschall Road C] Public Works and Engineering *1. Completion of Probationary Period -Mike Huber *2. Railroad Crossing Signals on Fuller, Holmes, and Lewis Sts - Res. 5127, 5128, 5129 *3. Safety Program Consultant 4. Authorize Advertising for Bids for the 1999 Sidewalk and Trail Improvements, Project No. 1999-4 - Res. No. 5133 5. Ordering a Feasibility Report for Improvements to Vierling Drive from CSAH 17 to Miller Street -Res. No. 5121 TENTATIVE AGENDA May 4, 1999 Page -3- 15] General Business continued D] Police and Fire *1. Completion of Probationary Period - Tracy Menden E] General Administration *1. Gambling Premises Permit - Shakopee Lions Club *2. Gambling Premises Permit - Shakopee VFW Club *3. Appointment to Prior Lake/Spring Lake Watershed District Board *4. Registrar Services *5. Interfund Transfers 6. Proposal to Purchase a City Parking Lot by SW Suburban Publishing-tabled 4/6 7. Proposal to Purchase Eagle Creek Thrift Shop Building *8. Authorize Hiring of Office Service Worker *9. Completion of Probationary Period - Charlie Fuller 10. Action Directing Reassessment of Maras Street Improvement Project, 1996-4 16] Other Business 17] Recess for executive session to discuss labor negotiations and pending litigation 18] Re-convene 19] Adjourn to Wednesday, May 12, 1999, at 5:00 p.m. 1 #Xed oh 8 hh 9 96 — 9 b"#auoyd #auoyd .00 •ideopoo x QT A 1 1.1.L' WOJJ °4- fr7d 1( `1J of isa6ed eisa I.L9L a ON XL' 4!-lso �o# d TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA MAY 4, 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-Proclamation- Shakopee Film and Video Festival Day 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 March 2, March 10, and March 23, 1999 *8] Approve Bills in the Amount of$493,413.35 9] Communications: 10] Public Hearings: A] 7:00 P.M. -Proposed Improvements to Sarazin Street from St. Francis Avenue to Valley View Road, Project No. 1999-3 - Res. No. 5134 B] 8:00 P.M. - Tobacco License Violations Involving Sales to Minors 11] Liaison Reports from Councilmembers 12] Recess for an Economic Development Authority Meeting 13] Re-convene TENTATIVE AGENDA May 4, 1999 Page -2- 14] Recommendations from Boards and Commissions: A] Preliminary Plat of Boulder Ridge Townhomes, located north of Vierling Drive and Cub Foods-Res. No. 5130 B] Preliminary Plat of Vierling Plaza, located east of Marschall Road and south of Vierling Vierling Drive-Res. No. 5110 - tabled 4/20 15] General Business A] Parks and Recreation 1. Authorization to Advertise for Bids for the Joe Schleper Baseball Stadium 2. Hiring Consultant for Municipal Pool Improvements *3. Minnesota Recreation and Park Association's Parks and Recreation"Your Best Investment"Program B] Community Development 1. Appeal by SuperAmerica of conditions placed on a conditional use permit for property located north of 12th Avenue and east of CR 83 2. Appeal by Continental 89 Fund LLC of conditional use permit for property located south of Vierling Drive and east of Marschall Road-Res. No. 5132 3. Ballard/Flood appeal regarding door location on south side of building at 735 E. 1st *4. Completion of Probationary Period -Bonnie Mauritz 5. Traffic Study for Marschall Road and STH 169 6. Canterbury Park Upcoming Events- Lilith Fair Concert 7. Request of Waiver to Minor Subdivision Requirements-Valley Haven Mobile Home Park -Res. No. 5131 8. Request of Waiver to Minor Subdivision Requirements for property located at 1050 and 1052 Marschall Road C] Public Works and Engineering *1. Completion of Probationary Period-Mike Huber *2. Railroad Crossing Signals on Fuller, Holmes, and Lewis Sts-Res. 5127, 5128, 5129 *3. Safety Program Consultant 4. Authorize Advertising for Bids for the 1999 Sidewalk and Trail Improvements, Project No. 1999-4 - Res. No. 5133 5. Ordering a Feasibility Report for Improvements to Vierling Drive from CSAH 17 to Miller Street-Res. No. 5121 TENTATIVE AGENDA May 4, 1999 Page -3- 15] General Business continued D] Police and Fire *1. Completion of Probationary Period -Tracy Menden E] General Administration *1. Gambling Premises Permit - Shakopee Lions Club *2. Gambling Premises Permit- Shakopee VFW Club *3. Appointment to Prior Lake/Spring Lake Watershed District Board *4. Registrar Services *5. Interfund Transfers 6. Proposal to Purchase a City Parking Lot by SW Suburban Publishing- tabled 4/6 7. Proposal to Purchase Eagle Creek Thrift Shop Building *8. Authorize Hiring of Office Service Worker *9. Completion of Probationary Period - Charlie Fuller 10. Action Directing Reassessment of Maras Street Improvement Project, 1996-4 16] Other Business 17] Recess for executive session to discuss labor negotiations and pending litigation 18] Re-convene 19] Adjourn to Wednesday, May 12, 1999, at 5:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting May 4, 1999 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business-(All items noted by an 4 are anticipated to be routine.After a discussion by the President,there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion.Those items removed will be consideredin their normal sequence on the agenda.Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 4. 4 Approval of Minutes: No N e- 5. Financial A.)Approval of Bills 6. Other Business: 7. Adjourn • edagenda.doc CITY OF SHAKOPEE CONSENT .Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: April 29, 1999 Introduction Attached is a listing of bills for the EDA and Seagate fund for the period 4/16/99 to 04/29/99 . Action Requested Move to approve bills .in the amount of $5, 167. 80 for the EDA General Fund and $125 . 00 for Seagate. [-i 0 0 0 0 0 0 0 0 0 0 0 0 II H 0 0 0 0 O O O O O O O O II A • • • • • II Cil 0 0 0 0 0 0 0 o O O o o II Ix C-) in in 0 0 0 0 0 0 0 0 0 0 CA CO 0 0 00 CO CO 0 0 0 0 co H t.0 0 0 0 N N N in in in In N 01 W H 0 O\ la 1.0 1.0 N Cl N N 01 [x7 H 0 O\ H H H H H H H N a d' in In in in H it m cn ii r.,) ED II 0000 0 01 d' 0 0 • • cn Co O1 O1 l0 10 CO rNoo 0o Ill MM I Iko G] 0 0 co a0 0 H a N N O\ O\ 0 aamco cn as � � zz z 'f." 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ELI H C H 01 01 O\ 01 0 0 0 0 a rI I I I 4 4 * 0 4 4 ain inn H H in I * 0 El H * * Z H H H H 0 0 * in 0 0 * * CITY OF SHAKOPEE OFFICE OF THE MAYOR PROCLAMATION Shakopee Film and Video Festival Day WHEREAS, Shakopee has had a long history of support for both the visual and performing arts; and WHEREAS, the Minnesota River Valley Arts Association 1999 Festival of Arts Celebration will be held from May 14th through May 22nd; and WHEREAS, Shakopee's "No Judges, No Juries Film and Video Festival" is part of that celebration; and WHEREAS, this Third Annual Film and Video Festival features works from Shakopee artists and leaders in the Twin Cities independent film and video production community; and WHEREAS, this festival promotes artists and media production from Shakopee, as well as showcasing the City itself as a wonderful movie and media production locale; and WHEREAS, the festival will present a lineup of entertaining short movies, and a post- screening party to be held Tuesday, May 18th, beginning at 7:15 PM at River City Centre. NOW, THEREFORE, I JON BREKKE, MAYOR OF THE CITY OF SHAKOPEE, MINNESOTA do hereby proclaim Tuesday, May 18th as "SHAKOPEE FILM AND VIDEO FESTIVAL DAY" and invite and encourage all Shakopee area patrons of the arts to attend and support this festival. Given under my hand and the seal of the City of Shakopee this 4th day of May, 1999. Mayor of the City of Shakopee OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA MARCH 2, 1999 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; Tim Thomson, City Attorney; and Mark McQuillan, Park and Recreation Director. The pledge of allegiance was recited. Sweeney/DuBois moved to approve the agenda as submitted. Motion carried unanimously. Mayor Brekke gave the Mayor's report. The following items were removed from the Consent Agenda: 15.B.1. Extension of Preliminary Plat Approval for Westridge Lake Estates; 15.B.4. Coldwell Banker appeal of BOAA Denial of CUP - Res. No. 5072; 15.B.6. Extension Agreement with WSB for Comprehensive Sanitary Sewer Plan Revision; and 15.B.7 Extension of Preliminary Plat Approval for Dominion Hills. Link/Amundson moved to approve the Consent Agenda as modified. Motion carried unanimously. Chief Hughes approached the podium to recognize Officer John Flynn as the Shakopee Police "Officer of the Year." He explained that John Flynn was nominated for the leadership he displayed during 1998, during the transition of our police agency from a veteran member organization to one that had newly hired, less experienced police officers. In addition to providing first line supervision, he took on the patrol schedule, equipment purchasing and repair, continued to lead the tactical team and was the lead firearms instructor. He has demonstrated his competence, loyalty and dedication to the community, the department and the police profession. Mayor Brekke read and presented a framed copy of the Officer of the Year Award to Sergeant John Flynn. Mayor Brekke asked if there were any interested citizens in the audience who wished to address the City Council on any item not on the agenda. There was no response. Link/Amundson moved to approve the Minutes of January 5, 1999. (Motion carried under the Consent Agenda.) Link/Amundson moved to approve bills in the amount of$206,625.61. (Motion carried under the Consent Agenda.) Official Proceedings of the March 2, 1999 Shakopee City Council Page-2- Mayor Brekke opened the public hearing on the proposed amendments to the tobacco regulations, Ordinance No. 542. Judith S. Cox, City Clerk, explained that the proposed ordinance would allow self-service merchandising in establishments where 90 percent of their sales are related to tobacco and tobacco related products. This would allow both of the new tobacco stores to provide their products without having to have them behind a counter. The 90 percent provision is current with State Law, but is not consistent the Scott County Ordinance, which precludes the sale of any merchandise other than tobacco related products in a business. These establishments would not be allowed to have patrons enter their establishment under the age of 18 unless accompanied by an adult. The second proposal addresses the sale of tobacco in an off-sale intoxicating liquor establishment. The ordinance would allow the sale of cigars from the counter in an off-sale establishment rather than having to have them behind the counter. The third proposal would allow for minor amendments by the Council without having to give licensees a 30 day notice of a proposed change. This would affect non-substantial changes. The current ordinance requires mailed notice to all licensees when any type of change is proposed for the Tobacco Ordinance. Judith Cox stated that the Ordinance as drafted, includes the proposed changes. If the Council does not choose to adopt any of the proposed amendments, the ordinance would need to be amended or directed back to staff to make appropriate changes. Jim Thomson stated that all the proposed changes are consistent with State Law. Dave Hermolka, representing John Bernstein, Valley Liquor, approached the podium and stated that Mr. Bernstein is in agreement with the proposed ordinance as amended. Ann Crawford, Health Promotion Coordinator, St. Francis Hospital, approached the podium and stated that the first proposal relating to the 90 percent of merchandise sales is reasonable for Scott County and the City. However, she asked the Council to carefully consider the other two proposed amendments. She said that between 1997 and 1998, on three different occasions children purchased cigars in Shakopee's adult only liquor stores. She cautioned that cigars are not just a social event, that they have more nicotine than chew, and research shows that they are more addictive. Referring to the third proposal as it relates to notification only if there are significant changes, Ms. Crawford asked for a definition of "significant changes" and whether or not any of the proposed changes are significant. She stated that she would need more detail regarding this. 1999 March 2r , Official Proceedings of the Page - Shakopee City Council In response to a question as to whether the self service provisions are a result of shoplifting, Ann Crawford stated that this provision comes from knowing what it is like to normalize a product that we believe should not be treated as an every day common product. Jim Thomson, City Attorney, stated that he would deem all of the proposed ed that thamendments is significant as they relate to the substance of the ordinance. He exp proposed to make the City's ordinance consistent with State Law, which requires a public hearing for substantial amendments. Dave Hermolka approached the podium and stated that his store has passed on all sting operations. Sharon Luth, member of the Asset Building Committee for the Education Department, approached the podium and stated that she was concerned because the Asset Committee is working to determine how the community stacks up for its youth. Based on the Search Institute's Survey information, only 22 percent of Shakopee's youth feel that the community sees them as being valuable. She said the community needs to strengthen and let the youth know they are valued. She stated that a lot of work has gone into this ordinance and that she was concerned about wavering from the tobacco ordinance and making a statement to the youth that the community doesn't care. Brad Guess, Scott County Area Director, American Heart Association, approached the podium and stated that they do not have an issue with amendment no. 1. However, he did raise issue with amendment no. 2 because children are able to purchase pop or chips in an off sale liquor establishment. His concern is that having cigars behind the counter is more intimidating than making them available on the counter, and it would make the cashier more aware of asking for identification. Mayor Brekke closed the public hearing. A discussion ensued regarding the ability to keep those under 18 years old out of a liquor store unless they are with an adult 21 or older. In response to a question as to what happens to minors caught smoking, Chief Hughes explained that a financial penalty, community service or a combination of oevokin couldth licenses be t osed. Cncl. make the DuBois recommended placing the emphasis on the establishments more accountable. In response to a question as to whether it is unlawful for a minor to enter a liquor store if he/she does not purchase alcohol, Jim Thomson, City Attorney, explained that State Law states that it is unlawful for minors to enter a liquor store for the purpose of purchasing or consuming any alcoholic beverage. Official Proceedings of the March 2, 1999 Shakopee City Council Page -4- DuBois/Sweeney moved to direct staff to prepare an ordinance change to encompass the current proposed changes as well as language regarding who can be in liquor and tobacco stores. Motion carried unanimously. Sweeney/Amundson moved to table Ordinance No. 542, Fourth Series, An Ordinance Relating to the Sale of Tobacco, Tobacco Products, and Tobacco Related Devices and Amending Portions of Section 6.23 of the City Code. Motion carried unanimously. A recess was taken at 7:49 P.M. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 8:05 P.M. In response to a request for approval of the Preliminary Plat of Dublin Square Addition, the Planning Commission did recommend approval with the added condition that a noise mitigation study be conducted by the applicant prior to City Council review of the final plat. Sweeney/Link moved to amend Resolution No. 5360 by changing the number to 5063. Motion carried unanimously. A discussion ensued regarding reasonable access to Outlot B. Michael Leek stated that Outlot B could be a reasonable access into the property. He said that the principal access to the adjacent property to the east will be from 17th Avenue. This assumes that Outlot B would have a 28 foot connecting roadway and under current circumstances that would likely be a private road. There is also a 66 foot wide strip of land adjacent to, and north of the proposed development which is available for future public streets. Steve Albrecht, Project Engineer for Jim Allen, approached the podium and explained that they moved ahead on this project under the assumption that the City would like a North-South connection, the City currently allows private streets and all adjacent properties have private streets. He said they have operated with the understanding that the 28 foot wide street is the standard for private streets. Mayor Brekke explained that the City has not formally acted to change the Ordinance to preclude private streets. However, he said the City does have the discretion regarding private streets. Jim Allen, Developer, approached the podium and stated that the private street issue has never been brought to his attention. He said he has worked in good faith and has re-drawn plans several times and met the requirements. It is late in the game to be told that he can't have 28 foot streets. 1999 March 2r , Official Proceedings of the Page - City Council Bruce Loney stated that the plat can be maintaine �28 foot psblic of the streets become it is more difficult for emergency vehicles. The larger issuepublicright-of-way public streets,because of setback requirements. Steve Albrecht stated that the off street parking requirements are exceededbas pwell ase s the soff- street spot parking. He said if parking is an issue, no parking signs could a north-south trail connection will be provided along Dublin Lane to connect to the 17th Avenue upgrade. rim Allen stated that they work with staff and follow Ordinance requirements. He anceineeds do not attend Council meetings because they rely on staff's direction. He said if the to be changed, change it. When asked how many other plats involvingrbeen indicating to deve in the application elopers rocess, Michael Leek stated that there were none. He said that staff has that there is a move away from private streets. Dave Brown, 1227 Pioneer Lane, approached the podium and explained that he is co-owner of the property in question. He said his decision to invest disheartenedsto be told was now that they can sed on meetings with City staff and Ordinances, and stated that he wa not plat this way. ck to A discussion ensued regarding street width and setbraeks, and that if the Councilisi nclinedato let the Planning Commission. Jim Thomson, City Attorney, stated this development go through with the street width as shown, his recommendation would be to retain the private streets in this particular plat. Cncl. Link was directed to continue to work with the developer to come to a compromise. Sweeney/DuBois moved to table Resolution No. 5063, A R oars ion Addition.ftheCity of Shakopn e ee, Minnesota, Approving the Preliminary Plat of Dublin Sq unanimously. A recess was taken at 9:03 p.m. The meeting re-convened at 9:17 p.m. Sweeney/Amundson moved to direct staff to review the Ordinance and incorporate concerns about prohibiting private streets. Motion carried 4-1 with Cncl. DuBois opposed. Official Proceedings of the March 2, 1999 Shakopee City Council Page -6- Mark McQuillan, Parks and Recreation Director, approached the podium and reported that staff met with its bond counsel to provide an analysis of a $4 and $6 million bond and the impact it will have on an average house valued at $115,000 over a 20 year period. An Operating Pro Forma was also provided for the community center if a leisure/lap pool, fitness facility and a second sheet of ice were added. The year 2001 total estimated revenue for the community center is $479,500. Using a conservative approach, the revenue projections are lower than what they might actually be with the expenses very close to the actual. A four (4) percent inflationary factor was also used for expenses throughout 2001. Ron Stellmacher explained that the difference in the actual and budget net income for the ice rink is due to a lack of hockey players south of the river, which resulted in one of the leagues falling apart. A better season is expected this year with the addition of a large Eden Prairie league. The actual numbers for 1998 were considerably less than what was budgeted and he anticipates the same to be true for 1999 and 2000. A discussion ensued regarding the community center expansion and operation, and there was a consensus that based on the survey results and the financial calculations it would not be feasible to add a second sheet of ice. A discussion ensued regarding the proposed lap pool. Mark McQuillan explained that the square footage of other cities pools were used to come up with an average of$160.00 per square foot. He said the pool is estimated at $3.3 million. He was also directed to look at the figures to make sure the pool area would not be skimped on. There was some concern about the free weight area and the availability of trainers. Ron Stellmacher explained that a fitness desk with part time staff has been planned and will help to sell memberships. A discussion ensued regarding the a $6,000,000 referendum and the possibility of an inner fund loan for a portion of the cost. Cncl. Sweeney requested that staff provide projections on how much park revenue can be dedicated and what the income and outflow would be to the sewer fund, apart from the loan. Mark McQuillan recommended hiring Architect Dave Lineer, to design development plans and specifications for the baseball stadium improvements in Tahpah Park at a cost of$15,600. An additional $200 was recommended for miscellaneous costs for postage and printing. Once the bids are prepared staff will come back to the Council for permission to solicit for bids. The project will include restrooms, a concession stand and a press box as the main bid package. A canopy over the grandstand, storage under the grandstand and landscaping will be alternate bids. The Official Proceedings of the March 2, 1999 Shakopee City Council Page -7- complete project is estimated at $550,000. Funding is recommended to come from the Park Reserve Fund and the TIF fund. Link/Sweeney moved to authorize the appropriate City officials to enter into an agreement with Dave Lipner to proceed with the facility design and specifications for the Joe Schleper Baseball Stadium Improvement Project with funding to be allocated from the Park Reserve Fund at a cost not to exceed $15,800.00. A discussion ensued regarding a payback to the City, based on projected revenues from hosting State Tournaments. Mark McQuillan was directed to discuss with the baseball league, the possibility of a payback to the City based on projected revenues. Motion carried unanimously. Sweeney/Link moved to direct staff to acquire the entire parcel in the Southbridge Development from MnDOT for a community park for $0/acre for park purposes or right-of-way as long as the land is used for either road right-of-way or public park purposes with the understanding that there might be a covenant stating that if the City were to cease to use the property for those expressed purposes, the property would either revert back to MnDOT, or the City would have to pay to MnDOT the appraised value $14,430/acre times an inflation factor. The question was raised that if the cost of 9.5 acres for right-of-way acquisition which was included in the collector street project is now at no cost to the City, should the assessments be adjusted to reflect the reduced amount. Bruce Loney explained that there would be no acquisition costs to the benefiting properties as long as the road is retained as a public right-of-way according to the MnDOT proposal. Motion carried unanimously. A discussion ensued regarding the request for an extension of the Preliminary Plat approval for Westridge Lake Estates. Jim Thomson, City Attorney, stated that State Law requires that any changes made to the Zoning Ordinance one year after the Final Plat cannot retroactively affect a Preliminary Plat. Cncl. Sweeney stated that in his opinion, it was not in the best interest of the City to continue granting extensions indefinitely. Michael Leek explained that the issue is whether the plat preserves a rural residential or open space for the city. Michael Leek was directed to make a recommendation on a sunset on extending preliminary plat approvals. Official Proceedings of the March 2, 1999 Shakopee City Council Page -8- Sweeney/DuBois moved to approve the extension of the preliminary plat approval for Westridge Lake Estates to April 1, 2000. Motion carried unanimously. Link/Amundson offered Resolution No. 5070, A Resolution Setting the Public Hearing Date to Consider the Vacation of Part of a Drainage & Utility Easement in Lot 12, Block 6 & Lot 21, Block 5, Southbridge 1st Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Amundson moved to authorize the appropriate City officials to execute the Transit Capital Financial Assistance Agreement(SG-97-V-117). (Motion carried under the Consent Agenda.) Link/Amundson moved to authorize the appropriate City officials to execute the Metropolitan Council Private Vehicle Capital Funding Agreement with the City of Shakopee (SG-99-02). (Motion carried under the Consent Agenda.) Link/Amundson moved to approve payment in the amount of$174,525.17 to Hoglund Bus Co. Inc. for the purchase of three new Ford/Champion Buses contingent on Metropolitan Council acceptance and execution of Contract No. SG-97-V-117. (Motion carried under the Consent Agenda.) Sweeney/Link moved to approve the extension of the preliminary plat approval for Dominion Hills to March 2, 2000. Motion carried unanimously. Michael Leek reported that Coldwell Banker has requested a change in Condition No. 4 in Resolution No. 5072. This condition states that the site must consist of structures that are owned, maintained, and operated under unified control. The issue is that once the project is complete the intent is to sell to individual building occupiers. They would like the ownership language deleted. (The proposed project is located in the southwest corner of 12 Avenue and Valley Park Drive.) Sweeney/DuBois moved to amend Resolution No. 5072 by striking the word "owned," in Condition No. 4. Motion carried unanimously. DuBois/Amundson offered Resolution No. 5072, A Resolution of the City of Shakopee, Minnesota, Granting a Conditional Use Permit for Multiple Principal Structures Per Lot and Offices Occupying up to 80 Percent of the Principal Structures with a 20 Foot Rear yard Setback in the I-2 Heavy Industry Zone, and moved its adoption. Motion carried unanimously. Michael Leek reported that the Scott County HRA has been completing a housing study and said that it contains enough information so that the focus of consulting services that might be needed related to residential land uses is related to where the best locations are from the stand point of land use, transportation and access. His response to working with a separate task force was that Official Proceedings of the March 2, 1999 Shakopee City Council Page -9- the Planning Commission and City Council could work together on this through joint sessions in the process. A joint meeting with the Planning Commission was scheduled for March 23, 1999 from 4:30 P.M. to 7:00 P.M. to discuss the scope of work to be completed during the residential moratorium or concept plan and to discuss the extension of the residential moratorium to B-1 zoning districts. DuBois/Link moved to direct staff to prepare an ordinance to extend the building moratorium to the B-1 district. Jon Albinson, Valley Green Business Park, approached the podium and stated that he has plans to build a corporate center in the near future and asked whether the B-1 moratorium would not last as long as the residential building moratorium. Steve Soltau approached the podium and stated that there is a risk to the land planning efforts they have made over time and to their aspirations to develop the plat as soon as possible, if a B-1 moratorium were implemented. He said there might be some risk that an entire area is frozen which would cause developers to go to another city. Their efforts are only being held up by the MUSA application that they were hoping would be resolved last fall. Motion carried 4-1 with Cncl. DuBois opposed. Link/Amundson moved to authorize the purchase of one single axle dump truck, cab and chassis at $51,275.00, with the purchase to be paid out of the Internal Service Equipment Fund. (Motion carried under the Consent Agenda.) Mr. Loney explained that the developer of Pheasant Run is proposing to remove 200,000 cubic yards of material from the north end of the site to another off site location and bring in 200,000 cubic yards of fill material from another off site location to grade the south end of the project. This is a different grading proposal than what was presented at the time of the plat approval. Based on staff's interpretation of"mining"the excess material generated during the grading of the site would be allowed to be removed from the site. After reviewing the proposal and the mining definition, staff has determined that if this removal of material was necessary for the grading of the subdivision, this would not be considered mining. Since the proposal involves exporting and importing of material, staff is requesting Council direction on whether or not this is acceptable. Staff does not feel that this is acceptable because of concerns that this would become prevalent in future developments, a large amount of truck traffic would be generated, there is a potential difficulty in correcting damage to City streets, the 17th Avenue East contractor, Chard Tiling & Excavating, will not honor his warranty if 17th Avenue is used as a hauling route by Ames Construction, and there is no direct benefit to the City except for a possible increase grading permit fee. Official Proceedings of the March 2, 1999 Shakopee City Council Page -10- Sean Dahl, Ames Construction, approached the podium and stated that the proposal was made based on the fact that they have the opportunity for work in the vicinity where this type of material is needed. He said they also have the appropriate type of fill for completing the southeastern quadrant. They are looking to see if they can use this on a future site this year. Cncl. Sweeney raised concerns of increased traffic and road maintenance and said that there was no benefit to the City in allowing this. Butch Ames, Ames Construction, approached the podium and stated that he would be bringing in a load and taking one out. A discussion ensued regarding mining operations and traffic impacts. The City Attorney stated that because this is related to a subdivision it would be allowed. However, if the Council were to approve this, an amendment to the grading permit would be required. Amundson/Sweeney moved to deny the grading proposal of Pheasant Run of Shakopee, LLP for Pheasant Run . Motion carried 4-1 with Cncl. DuBois opposed. Sweeney/Amundson moved to direct the City Attorney to revise the mining definition in the City Code. Motion carried unanimously. Link/Amundson offered Resolution No. 5071, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Vierling Drive, From Fuller Street to the Western Plat Line of Orchard Park West, Project No. 1998-3, and moved its adoption. (Motion carried under the Consent Agenda.) Greg Sticha, Accountant, approached the podium and asked for Council direction as to whether or not it would be of value for the City to use a cash manager. There would be fees with the use of a cash manager. However, this would create additional revenue from additional basis points earned with each investment. This issue was last addressed 10 years ago and the Council decided not to pursue it. The securities would remain in the City's corporate custody account at Norwest, so there would be no increased risk of lost security. Sweeney/Amundson moved to direct staff to further investigate outside cash management and bring a specific proposal back to Council. Motion carried unanimously. Mr. Leek explained that staff recently met with the Metropolitan Council staff to discuss the request for MUSA expansion in eastern Shakopee. At that time the City was asked for additional sewer and transportation analysis in order for the application to proceed. Some of the sewer information being required relates to overall sewer flow calculations under the draft land use plan. Mr. Leek stated that the traffic study would be less costly because Parsons Brinkerhoff provided additional information to the Metropolitan Council to satisfy their traffic concerns. 1999 Official Proceedings of the Page -March 2, Shakopee City Council 11- A discussion ensued regarding future MUSA and Township annexation. Sweeney/Amundson moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for completion of traffic and sanitary sewer studies. Motion carried unanimously. Sweeney/Amundson moved to direct staff to implement the following signage changes: 1. Stop signs on Quincy Circle and Jefferson Street with Vierling Drive intersection; 2. 7th Avenue and Fuller Street -removing yield sign and replacing it with a stop sign; 3. 8th Avenue and Fuller Street - removing yield signs on Fuller Street and installing stop signs on 8th Avenue; 4. 17th Avenue and Sarazin Street - removing the stop sign on 17th Avenue; 5. Sarazin Street and French Trace Avenue - Install stop sign at French Trace Avenue; 6. Whitney Street and Bluestem Avenue - install "Intersection Crossing Ahead" warning signs and a 20 mph warning sign at each intersection leg; and 7. 6th Avenue and Adams street - install on the existing stop signs, a sign that states"Cross Traffic Does Not Stop". Motion carried unanimously. Sweeney/DuBois moved to direct staff to prepare a budget amendment to do the school signage for pedestrian crosswalks. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 5074, A Resolution Adopting a Signing Study and Policies, and moved its adoption. Motion carried unanimously. Link/Amundson moved to declare approximately 80 bicycles and other unclaimed items as surplus property and authorize the City Administrator to sell or otherwise dispose of these items. (Motion carried under the Consent Agenda.) d begin he process Link/Amundson moved to direct at vacancies s th t have been,contact Scott ory sowillbei created by tretuement for hiring three firefighters to (Motion carried under the Consent Agenda.) Link/Amundson offered Resolution No. 5073, A Resolution Amending The 1999 Fee Schedule, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Amundson moved to end the probationary status of Dan Hughes, and grant him full time regular status as a City of Shakopee employee, effective March 2, 1999. (Motion carried under the Consent Agenda.) Link/Amundson moved to waive the requirement for competitive quotes, andauthorize the ppurchase of a 8 port Pana Voice voicemail system, including labor, installation, programming training, for$8,858 plus applicable tax. (Motion carried under the Consent Agenda.) Official Proceedings of the March 2, 1999 Shakopee City Council Page-12- Link/Amundson moved to approve the applications and grant temporary on-sale liquor licenses to the Church of St. Mary, 535 South Lewis Street, for March 14, 1999 and June 27, 1999. (Motion carried under the Consent Agenda.) Link/Amundson offered Ordinance No. 541, Fourth Series, An Ordinance Relating to Masseuse Licenses and Amending Section 6.41, Subdivision 3, Paragraph D.1 of the City Code, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Amundson moved to authorize the appropriate City officials to enter into a contract with Masterpiece Cleaners, for a one year period, for cleaning the City buildings, effective April 1, 1999. (Motion carried under the Consent Agenda.) Link/Amundson offered Resolution No. 5076, A Resolution Appointing Robert O. Sweeney to Membership on the Shakopee Cable Access Corporation Board of Directors, and moved its adoption. (Motion carried under the Consent Agenda.) Cncl. Sweeney gave a liaison report. He said that Northern States Power has implied that further studies are required and they will insist on approving the salt spray measures that the City uses. The Engineering consultant was directed to review a series of potential alternatives to see what the Public Utility Company needs to do to provide eight megawatts needed by Seagate and how long they can get by. The issue is.that Seagate has doubled their proposed megawatt requirement from four megawatts to eight megawatts and it would be in the best interest of the public utility, the City and development if eight megawatts can be provided in the summer of 2000. This can be met on a temporary basis by tying a few lines at the south substation. However, there are substantial line losses from the site to Seagate. Whether enough capacity can be pulled in to meet Seagate's requirements and additional requirements in the Valley Industrial Park is another issue. Sweeney/Amundson moved to adjourn to Tuesday, March 16, 1999, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 12:03 a.m. _Loa J ith S. Cox ity Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA MARCH 10, 1999 Mayor Brekke called the meeting to order at 5:02 p.m. with Councilmembers Deb Amundson, Jane DuBois, Cletus Link and Bob Sweeney present. Also present were Mark McNeill, City Administrator and Judith Cox, City Clerk. Sweeney/Link moved to accept the special call of the chair. Motion carried unanimously. Sweeney/Amundson moved to approve the agenda. Motion carried unanimously. Mark McNeill stated that the Minnesota Legislature was considering a proposal regarding an on-site casino at Canterbury Park in addition to horseracing. Mr. McNeill noted that Randy Sampson of Canterbury Park was present for discussion of the matter. Mr. McNeill also noted that the Scott County Board had earlier approved a resolution endorsing casino-type gambling. Randy Sampson, Canterbury Park, approached the podium. Mr. Sampson stated that he appreciated the Council holding a special meeting. He stated that a bill was introduced last Thursday regarding casino-type gambling at Canterbury Park and the first hearing would be held on Friday morning. Mr. Sampson stated the casino would be lottery-operated. He also stated that a casino would improve the racing and breeding industry and that he was confident a casino would be successful. Mr. Sampson noted that the project had been worked on for the past several years. He stated that the casino would be operated by the State of Minnesota using Canterbury facilities. Regarding the proposed bill, Mr. Sampson stated that it was not easy to read because it included numerous amendments, however, there was a summary at the top. Mr. Sampson reviewed the highlights of the bill. He stated that the bill was structured so that 13% of revenue would go to purses. Mr. Sampson stated that the casino would not create a windfall to Canterbury Park but would ensure its financial security. Heithat the oted tan intent of the 2%nt would need to be made to be bill stating of gross revenues going to the County and City would be split equally between the parties. He also noted that the revenue includes both slot machine and blackjack revenue. Mr. Sampson stated that there was no intent in the bill to alter property taxes and that he expected that the property taxes would increase with the expected improvements. Mayor Brekke questioned what effect a casino would have regarding Canterbury's outdoor events in addition to noise and traffic. Mr. Sampson stated that it was difficult to say, however, he expected Canterbury WOould be looking to continue utdoor con e t of which he wasdoor unsure events with the exception of Official Proceedings of the March 10, 1999 Shakopee City Council Page -2- Deb Amundson asked what the hours of operation would be. Randy Sampson replied it would be a 24-hour operation. Cletus Link questioned the adequacy of 1% if the City would be providing services. He also questioned if the percentage could be changed after a certain number of years. Bob Sweeney noted that the City would have to be providing extensive services to not break even and there is a potential for significant revenue. Mayor Brekke noted that the City was not entering into an agreement but either endorsing or not endorsing the proposed legislation. Jane DuBois questioned if 1% was negotiable. Mark McNeill noted that he had spoken with Prior Lake officials and believed that if revenue were between $200,000-$1,000,000, it would be a profitable venture for the City. Mr. McNeill stated that if the revenue were less than $200,000, it would be a concern. He also noted that if alcohol were to be served at the facility, it would be a more expensive venture. Ms. DuBois stated that if the City were to just break even, it would not be worth it to get involved. Randy Sampson stated that the 1% is comparable to other projects, however, he was unsure as to the breakdown of the cost of services between the County and City. Mr. Sampson stated he felt confident the revenue would be between $650,000-$1,000,000. He further stated that to amend the bill regarding the percentage would require justification to do so and there is no data available to justify the costs at this time. Ms. DuBois questioned what the breakdown was between the County and City. Mr. McNeill replied that the County takes care of the road and the City provides public safety. Ms. DuBois stated she wanted the project to be a win-win situation for everyone, however, she was concerned the City would fall short. Cletus Link stated that horse racing would be rejuvenated with the bigger purses so the City needs to be prepared for crime and traffic problems. Bob Sweeney noted that the County would provide deputy sheriffs for traffic control. Mr. Sweeney stated that even if the City were to need an additional five patrol officers, it would probably be cost effective with the increased revenue. Mr. Sweeney did not see any other high-cost services being provided by the City. Mark McNeill stated that based on what Prior Lake has experienced, that 1% should cover any cost of services. Jane DuBois suggested that the City should receive 11/2% and the County receive z%. Mr. Sweeney stated that if Ms. DuBois had those type of concerns, she should vote against the endorsement. He noted that there is no basis at this point to determine costs. Mr. Sweeney noted that Canterbury in the past has provided additional traffic control. Official Proceedings of the March 10, 1999 Shakopee City Council Page -3- Art Bannerman, County Commissioner, approached the podium. Mr. Bannerman stated that the County did work with Mystic Lake Casino and paid substantially for roads, court costs and social services. Bob Sweeney stated that the County could have assessed the costs of roads to benefited property, however, the County chose not to. Mr. Bannerman noted that there was a potential for increased real estate tax revenue to the City if the project were to go forward. Sweeney/Amundson moved to inform the committee of the City's support of proposed legislation regarding a casino at Canterbury Park. Cletus Link stated that he would be abstaining from the vote since his son-in-law was a member of Mystic Lake Casino. Jane DuBois expressed her support for the motion but noted her continuing concern regarding costs. Mayor Brekke stated that he thought the bill was right, as well as the percentage, however, he does not support state-sponsored gambling. Motion carried 3-1 with Mayor Brekke dissenting and Clete Link abstaining. DuBois moved to direct staff to negotiate with the County on the breakdown of services to be provided by the City and County. The motion failed for lack of a second. Mayor Brekke stated that discussion of a B-i moratorium would be discussed at the next meeting. Sweeney/DuBois moved to adjourn the special meeting. Motion carried unanimously. Meeting adjourned at 5:42 p.m. Respectfully submitted, .a. lith S. Cox y Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 23, 1999 Mayor Brekke called the meeting to order at 4:30 p.m. with Councilmembers Deb Amundson, Cletus Link and Bob Sweeney present. Those absent: Jane DuBois. Also present were Mark McNeill, City Administrator; R. Michael Leek, Community Development Director and Jim Thomson, City Attorney. R. Michael Leek stated that the Council had directed staff to return with a proposed B1 ordinance regarding a temporary moratorium. Mr. Leek stated that the moratorium would impact the northeast, southeast and southwest quadrants of County Road 17 and 169. The moratorium would last until June 1, 1999 or until the traffic study was delivered and accepted by the Council, whichever occurred first. Mr. Leek stated that the moratorium would also apply to whatever PUD, CUP, plat and building permit applications were pending. Regarding the proposed commercial moratorium, Mayor Brekke questioned when the traffic study was completed, would the moratorium automatically be lifted. R. Michael Leek stated that the matter would need to be voted upon. Bob Sweeney questioned whether the word "acceptance" should be "approval" in Section 6. Jim Thomson stated that the Council needed to be comfortable with the language. Mr. Sweeney stated that if the study were presented, the Council could accept it but not necessarily approve it. Mr. Thomson stated in that case, the Council should probably leave the language as is. Cletus Link questioned whether the City staff would be processing building permits but not issuing them during the moratorium. Mr. Leek stated that the staff would not be processing any building permits if a moratorium were in effect. Deb Amundson questioned what would happen to the applications already made. Mr. Leek stated that any pending applications would be halted. The exact area of the moratorium was defined by Mr. Leek. Jim Thomson opined that a moratorium could be effectively applied to pending applications. He noted that the Council could choose to not apply a moratorium to pending applications, however, it was previously Council's direction to apply a moratorium to pending applications and thus staff drafted the moratorium in that fashion. Mayor Brekke noted that the main purpose for the moratorium was to bring the three quadrants together and do a traffic study to get the total impact. Bob Sweeney noted that a letter from Best & Flanagan regarding K-Mart was on the table. Jim Thomson stated that the letter was somewhat confusing in that K-Mart had not withdrawn its CUP and subdivision but had submitted a building permit application. Greg Soule, attorney for K-Mart, approached the podium. Mr. Soule stated that the City had already represented to K-Mart that a CUP (because of the automotive component) and subdivision were the appropriate avenue to take. He noted that as K-Mart got closer to construction, other options opened, such as 1999 3 ch ar2 , Official Proceedings of the MMarc 23, Shakopee City Council in automotive CUP. K-Mart then submitted a building dropping the permit and was told by a Cityemployee that there was no automotive t said K-Mart r CUP. The representative submitting the applicationee tat would be dropping the automotive component. The City employ stated there was no subdivision. representative could proceed under Ka Mart did not need a subdivision because employee then accepted K-Mart's statutory exception. The City building permit application. Mr. Soule also noted that he appeared in front of the Planning Commission as a representative of K-Mart and advised the Planning Commission that K-Mart was on a dual track which meant it was submitting a building permit without a subdivision or automotive CUP. Mr. Soule stated he believed K-mart was entitled to proceed in this manner. He further stated that K- Mart would withdraw the CUP and s bdivi dual requestrk t if He Cit decided K-Mart could not pro permitg without the auto components.pon that K-Mart Brekke suggested d a lndiscussing the matter in a May closed session. Jim Thomson agreed. Sweeney/Amundson moved to go into o losedthreatesession d t n attionbasis of attorney client privilege due carried unanimously. The Council entered an Executive Session at 4:58 p.m. The meeting reconvened at 5:31 p.m. Jim Thomson indicated that he had discussed the matter with Greg Soule, K-Mart's attorney, and recommended that the Council return to a closed session. Sweeney/Amundson moved to return to a closed session. Motion carried unanimously. The Council entered an Executive Session at 5:32 p.m. The meeting reconvened at 5:40 p.m. Mayor Brekke stated that no action had been taken• taim bledoindefini recoenynded that the commercial moratorium ordinance be Sweeney/Link moved to table Ordinance No. 544, An InterApproval imOr i ance of the City of Shakopee, Minnesota Prohibiting CHonditional Business (B-1) Plats, Planned Unit Developments,e Conditional Use Permits and Building Permits, indefinitely. ion carried unanimously. Jim Thomson noted that the traffic study was continuing, however, no moratorium was in effect. d a W°thB the a stated that the traffic study on City all plannedato continueh to pro erty parcels and that the p p owners have been notified of the cost. Official Proceedings of the March 23, 1999 Shakopee City Council Page -3- John Schmitt approached the podium. He asked if the traffic study were going to deal with the quadrant as it is now or would deal with future use. Bob Sweeney noted that the County has control of the road. Mark McNeill stated that the study would involve County Road 17 from Vierling to St. Francis Avenue and the City will be inviting input from the County Highway Department. R. Michael Leek stated that the Land Use Plan does take into account future use. Cletus Link questioned whether MnDOT should also be invited to participate because the bridge may need to be widened. Sweeney/Amundson offered Resolution No. 5092, A Resolution Adopting a Revised Assessment for Vierling Drive, from Sage Lane to Miller Street, Project No. 1998-2, and moved its adoption. Motion carried unanimously. A recess was taken at 5:47 p.m. The meeting reconvened at 5:50 p.m. The Council entered the Work Session. The following members of the Planning Commission were present: Terry Joos, William Mars, Larry Meilleur, Gary Morke, David Nummer, Mary Romansky and Michael Willard. R. Michael Leek approached the podium. He noted that the Scott County HRA had already identified the housing needs and that the next issue was to review relationships between land uses as expressed in the Comp Plan and make adjustments to them in addition to reviewing the City's residential zoning regulations and developing new or amended regulations. Mr. Leek stated that the City has done a good job of planning. He noted that Highway 169 opened and a demand for land ensued. Mr. Leek stated that there was no MUSA but a large amount of demand for certain areas south of 169. He also noted that there was a strong interest in retaining the rural edge as identified in early 1997 by the Planning Commission. He suggested dealing with the significant questions of whether a rural fringe was appropriate and whether it was appropriate to have commercial property on 169. Mr. Leek noted that it is difficult to work commercial into residential. William Hardacker, Staff Legal Counsel of the Mdewakanton tribe approached the podium. He stated that he had nothing to present. Mayor Brekke questioned whether it was possible for the tribe and City to work together. Mr. Hardacker stated that there were no immediate plans, however, he would take the invitation to the tribe. Mr. Hardacker noted that the tribe has a need for residential development and with a young population, the demand will increase. Mr. Hardacker noted that the proposed development would fit in well with the tribe's plans. He further ewes noted that at the land use plan in the fee to trust application because of federal regulations and BIA requirements to have a plan. 23, 1999 March Official Proceedings of the MMarc 3- Shakopee City Council Mayor Brekke thanked Mr. Hardacker for attending and stated that he looked forward to meeting with the tribe. John Shardlow approached the podium. He noted that he and his clients, the Cherne estate, were interested in working with the Council and were open to the process of working with surrounding property owners. He noted that there clearly are parts of Shakopee that should be planned for full urbanization but are not. He also stated that the City needs to work with Jackson Township on developing a plan. John Schmitt reapproached the podium. Mr. Schmitt showed the Comp Plan from 1973 and noted that the projected population figures were on target. He estimated the City's population to be 32,000 by 2010 which would mean 3,500 additional dwelling units and three more schools. Mr. Sc mitt commercial ted that what is done lands. He also stated wthatl 17�he a big Avenue effect on the would be critical as a collector street. Bob Sweeney stated the City should aim to get 17th Avenue laid out so as to know how long and wide it will be, where the intersections will be and to identify the additional commercial areas. Terry Joos noted that Vierling Drive is not a good road because it is curvy, etc. Gary Morke stated that the Council was missing the initial step in that it needs to know what the citizens of Shakopee want. He stated that the City is being pushed to grow. Bob Sweeney stated that the City cannot go back to the 1960's and 1970's and is past the point of a small town. John Schmitt noted that the downtown area is constantly raised and stated that what happens in the downtown has nothing to do with the other commercial areas. He stated that the areas are marketing differently. Mr. Schmitt stated that he came to Shakopee when it was a small town. He also noted that the City can slow growth but if the City continues to grow, a plan needs to be instituted now. Mayor Brekke stated that there is an absolute MUSA frontier of the community. He stated that the absolute MUSA developed area of the City does not have to coincide with the absolute borders of the community and suggested having a semi-rural buffer between communities. Mayor Brekke suggested the bluff area should remain largely semi-rural and there is no requirement that the zoning needs to be a special way. Gary Morke stated he was not suggesting that the City not grow but did think that the growth can be directed. Official Proceedings of the March 23, 1999 Shakopee City Council Page -5- Mayor Brekke noted that the City can stop at a line, either a City boundary or non-City boundary. Terry Joos stated that the issue comes down to economics. He questioned where the dollars are going to come from if the City is looking at the rural residential. He believed the housing was going to have to be very exclusive because the land was so expensive. Michael Leek suggested that a distinct policy choice needs to be made. He does not believe that developers are driving development. Mr. Leek noted that so far, all development is going according to City plan and policy. Deb Amundson stated that she likes the buffering idea, however, she was not sure how it could be accomplished. She stated that the population is growing, however, the City could still have character. William Mars stated that he was not a big fan of a moratorium. He stated he liked to speak of the assets of Shakopee such as the river and downtown. He stated the City needs more trails. Mr. Mars stated that the City cannot stop growth but could make it better and that the moratorium period could be the time to mold the growth. Terry Joos noted that the City is in transition because it is trying to get developers and commercial areas to come together. He noted that there are some quality and not so quality developers. Mr. Joos stated that the City needs to transition some of the codes. John Schmitt stated that the moratorium was instituted because of a concern for concentrated housing. He proposed that the City needs to go back to the zoning and plan what the neighborhoods will be like. John Shardlow stated it is a good idea to plan neighborhoods, however, it was good to look outside the line also. Larry Meilleur stated that the City has put together a fairly solid Comp Plan but the zoning needs to mesh with the Plan. He did not feel the densities were high at this time. Mr. Meilleur stated that the City needs to dig in and get some work done on this matter. Michael Willard stated that he wanted to make sure there was enough space for future commercial development. Deb Amundson stated that she sensed that density was a problem and suggested that townhouse developments be PVDs. Official Proceedings of the March 23, 1999 Shakopee City Council Page -6- Cletus Link stated that the clock is running and the City needed to get some things down on paper. William Mars stated that the issue gets down to values and people need to sit down and figure out what they want, build it into ordinances and let the developers follow the plan. Gary Morke stated that the City needed to solicit input from citizens to let everyone be involved. Mary Romansky stated that the City was blessed to have the foresight to plan as far as it did but now the City needed to go forward with additional planning. Mayor Brekke suggested that Mr. Leek take the matter back to the Planning Commission for further discussion and report to the Council. Deb Amundson noted that one additional issue was affordability. Sweeney/Link moved to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 7:03 p.m. Respectfully submitted, • u,takJ, :ith S. Cox ty Clerk Janet Vogel Freeman Recording Secretary CITY OF SHAKOPEE Memorandum CONSENT, TO: Mayor and Council Mark McNeill, City Administrator Cr FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: April 29, 1999 Introduction and Background Attached is a print out showing the division budget status for 1999 based on data entered as of 04/29/99. 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 $5, 292 . 80 . 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 $14, 392 . 85 . Action Requested Move to approve the bills in the amount of $493, 413 .35. • CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 04/29/99 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 74,080 2,703 19,748 27 12 CITY ADMINISTRATOR 219,200 12,274 51,838 24 13 CITY CLERK 201,220 12,131 48,202 24 15 FINANCE 348,770 18,830 83,441 24 16 LEGAL COUNSEL 269,000 52,705 118,818 44 17 COMMUNITY DEVELOPMENT 751,720 39,601 127,985 17 18 GENERAL GOVERNMENT BUILDINGS 232,230 7,332 43,127 19 31 POLICE 1,930,119 161,803 520,443 27 32 FIRE 618,420 29,220 120,095 19 33 INSPECTION-BLDG-PLMBG-HTG 326,710 24,428 81,279 25 41 ENGINEERING 507,620 35,265 122,430 24 42 STREET MAINTENANCE 827,730 44,120 178,703 22 44 SHOP 145,330 13,707 40,158 28 46 PARK MAINTENANCE 487,090 42,104 101,697 21 91 UNALLOCATED 594,550 54,185 53,735 9 TOTAL GENERAL FUND 7,533,789 550,407 1,711,698 23 00 N/A 0 0 175,551 0 17 COMMUNITY DEVELOPMENT 500,630 1,434 82,379 16 TOTAL TRANSIT 500,630 1,434 257,930 52 19 EDA 403,170 11,333 25,996 6 TOTAL EDA 403,170 11,333 25,996 6 v M m a • a 4 M H H H H H aaaaaaaaaa a s 0WWWW000 o 0 x xxxxxx HHHHHHHHHH H H 0 0 0 0 N0 000000 H a W O1 0 a1 Ol a X CA H Z I: K 0 co 1 Cr) CO M W tl ma) MM N 0 - 01a\010101O1a1 HHHHHH HO • M mrnrnm. mrn v_ 000000 M co M as .`�.x�01 'a' toHHH a0 NNNNWM O H M ON N H H UU m• M HHHH ri 01 to to Nto ulN z 01 01 01 01 N N lO tO t tO O OJ H M 00 aaGWc1W 1� ��� un O un 0ununwm Wt0 WW t00 I�aC[c+f:+hh000Q t0 0 M HHNNtoH X 0 0000 o HHHHHH o 00 H 0 o W 0 M Ot0Ot0Ot0OtOOt0 O O HHHH0000 H 0 0000 HHHHHH (1{ co co N M W toNtoNtoNInNtoN N V' N N N N H 0 0 0 0 0 0 0 0 Z VI H HHHHHHHHHH M W H (H HHNM NN OGq H H 1 1 N HNHNHNHNHN d1 H MMMM M CO N NNNf`1NN H H 1 1 1 1 1 1 1 1 1 1 1 1 1 d1 d1 d1 d� W W d1 d1 V' 1 0 0UE c0 0 H 1.0 N N N N N N N N N N N cr 0 H H H O 1111 u1 t 1 1 1 1 1 1 1 M M 0 01 a1O101 x10HHHH 0101 a1 a1 to S HNMNM MMM W W t. 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': M• M M co co c0 CO HH (r) 0 d, Ln L() In In H ,(2.0 H H 0 o t/}L} .y, Lf)Ln l0 lfl M W w .rn- P: U W H cn W co co o CH.9 gC N N C:4 rn A o 0 0 urn o\, ol U W 0) 01 of Ua)U H O a ZLn t.0 s H O U ^.4 t0 A %.0 A too A Ox to V t0 V t0 V U () rn ro M U) H O1 a) H a co N 4, (- U1 in W O O O O N a0 H H O in O in co C' CO O O O O N H a0 M M O O CO . . . . . . . . . . . . . . . . N iD U1 m U1 N In M O N N N N 0 CO U l N in co C' N M a) H O W N d' 01 In H H O H U1 H H a0 N O CD N N N M co d' O\ H to d' H 0 d. d' \0 M M CO- CO- CO- CO- L} H 0 H t/? O1 t? H t? W U >1 a El El Cl 0 H H Z w H H CL DG Z H Z U Ei a Z it X wEl al 3 g 0 U C./) 0 H0 0) Z Z Z H A a Ct. a. [a-1 H U �+ a w HH a 0 1-1 E+ W X Cr) X a Q H FC a FC H Q H H a H FC W FC Z E� $ • m Q H H X W a al z Ei c0 a, H a Q a W X a U] rn Ci. a rn 0 Cs. U El U W a Q FC ON H Z rn Z E W W Z 3 Cl) "«4 0 H W W H H A H U] Ul a s H U) W U W x H d In 00 0\ O H N 0 0 O 0 O In 0 U CD H H d' In Ul Lh H M W LO a) N d' O H H C d' d' d' W N N N N N a) a) it it it it it it it it it it it it it it Itz Q no Q Q Q Q n Q Q Q Q Q Q U Ct., Cr. CL LL CL Cr. Cr-. CL CL CL C. Cs. CL CL CL � . CITY OF SHAKOPEE Memorandum TO: Mayor& City Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Sarazin Street, from St. Francis Avenue to Valley View Road DATE: May 4, 1999 INTRODUCTION: Attached is Resolution No. 5134, a resolution ordering the improvement, and preparing plans and specifications for Project No. 1999-3 for the improvement of Sarazin Street, from St. Francis Avenue to 800' south of St. Francis Avenue. BACKGROUND: On February 2, 1999, Resolution No. 5056 was adopted and ordered the preparation of a feasibility report for Sarazin Street improvements, from St. Francis Avenue to the Southern Boundary of the Prairie Village development. The City Council directed staff to include alternatives for improving Sarazin Street to Valley View Road. The improvement for Sarazin Street was initiated by a petition from the developer of Prairie Village. Sarazin Street is a designated low volume collector on the City's Comprehensive Plan and Transportation Plan and is currently unimproved south of St. Francis Avenue. Staff will make a full presentation at the May 4, 1999 Council meeting to provide an overview of the project and feasibility report. Within the report, staff addresses the improvements to Sarazin Street for two phases and three alternatives of Sarazin Street connecting to Valley View Road. The two phases of Sarazin Street improvements studied are as follows: Phase I - Sarazin Street, from St. Francis Avenue to approximately 750 feet south past the intersection of Mooers Avenue. Phase II - Sarazin Street, from St. Francis Avenue to Valley View Road Mooers Avenue is one of the street accesses for Prairie Village 4th Addition which is proposed to be constructed and developed this year. Construction of Sarazin Street to Mooers Avenue is essential to providing two accesses to the Prairie Village development to avoid temporary overlength cul-de-sacs and good emergency vehicle connections. Staff also reviewed the future alignment of Valley View Road to Sarazin Street and determined three alternatives as follows: 1. Connect Sarazin Street to Valley View Road in its present alignment with a tee intersection. 2. Connect Sarazin Street to Valley View Road with a horizontal curve alignment to the east. Valley View Road intersection with County State Aid Highway (CSAH) 17 would remain or may be eliminated depending on the impact to the County Highway. 3. Connect Sarazin Street to a realigned Valley View Road intersection with CSAH 17 approximately 650 feet to 850 feet south of St. Francis Avenue. Attached to this memo is a letter from Brian Sorenson, of Scott County Highway Department, indicating that the intersection of Valley View Road must be relocated in the future in order for a future signal to be installed. Valley View Road will be an east-west City collector from County Road (C.R.) 79 to Pike Lake Trail. Preliminary indications from the County Engineer are that the steep grade on northbound CSAH 17 would not allow a future traffic control signal at the existing intersection with Valley View Road. Also the County does not want to install a traffic control signal at St. Francis Avenue since this intersection is too close to 17th Avenue where a traffic signal is tentatively planned for the near future. As mentioned previously, the report analyzed two phases of improvements to Sarazin Street. The phasing of the project is in response to a request from Betaseed. Betaseed has indicated that the 1999 growing season is critical for research that will be conducted on the eastern portion of their property adjacent to Sarazin Street. It appears the phasing of the Sarazin Street improvements will not impact the development phasing of Prairie Village. Prairie Village does need the construction of Sarazin Street to the next street intersection south of St. Francis Avenue in order to continue to develop this year. Staff is recommending to construct only Phase I improvements to Sarazin Street this year. Staff also is recommending that further study be done for the Phase II extension of Sarazin Street to Valley View Road, and possibly incorporate this study with improving a segment of Valley View Road for the 2000 construction year. The main issues with this feasibility report are as follows: 1. Street width and number of parking lanes for Sarazin Street 2. Future intersection location of Valley View Road with CSAH 17 3. Future timing of Sarazin Street (Phase II) and future timing of improving Valley View Road On Issue No. 1, the City's newly adopted Transportation Plan has street widths recommendations as 44 feet wide with parking on both sides, 38 feet wide with parking on one side and 36 feet wide with no parking for a low volume collector. The City's Subdivision Ordinance which has not been revised, currently requires collectors to be 44 feet wide only. Staff's recommendation for this particular street collector is for the 36 foot width and no parking since most of the property adjacent to this street is or will be residential and parking on street collectors is not necessary. Staff will be asking for Council direction on this issue by the public hearing. On Issue No. 2, staff has met with the County Engineer on the intersection of Valley View Road and the transportation needs along CSAH 17 in this area. With the future increase in traffic along Valley View Road, the County wants the intersection of Valley View Road with CSAH 17 to be relocated to where the grade of CSAH 17 is safe enough to permit a future traffic control signal. The County does not want to promote traffic on St. Francis Avenue nor to install a traffic control signal at this location. Staff is recommending that Phase II of Sarazin Street be delayed due to the right of way acquisition will not be available until October, 1999 and further study and coordination with the County will be needed. On Issue No. 3, the extension of Sarazin Street to Valley View Road should be done in the year 2000 or beyond and improving a segment of Valley View Road to Pheasant Run should also be considered in that year due to the fact that traffic will be increasing because of development activity. ALTERNATIVES: 1. Adopt Resolution No. 5134, this action will order the project, and authorize staff to begin preparing plans and specifications. 2. Deny Resolution No. 5134. This action will halt the project until such time as City Council reconsiders the resolution. 3. Table Resolution No. 5134, to allow time for staff to prepare additional information as directed by the City Council. 4. Provide staff direction on street width and number of parking lanes for Sarazin Street. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 5134, as this would allow the project to be substantially completed during 1999 construction season. ACTION REQUESTED: 1. Offer Resolution No. 5134, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for Sarazin Street, from St. Francis Avenue to Valley View Road,Project No. 1999-3. 2. Provide staff direction on the street width and number of parking lanes for Sarazin Street, south of St. Francis Avenue. - r5W :ruce Loney Public Works Director BL/pmp MEM5134 RESOLUTION NO. 5134 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For Sarazin Street, From St. Francis Avenue To Valley View Road Project No. 1999-3 WHEREAS, Resolution No. 5101 adopted l from9St9Francs Aa venue forate o Council hearing on the proposed improvement of Sarazin Street Valley View Road, by street, storm sewer, concrete curb and gutter, bituminous trail, concrete sidewalk, and any appurtenant work as described in the feasibility report; 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 4th day of May, 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: Sarazin Street, from St.FrancisetAvenue to storm sewer,cconcrete curb & gutter, bituminous eet south of St.Francis, as escribed in the feasibility report, by trail,concrete sidewalk, and any appurtenant work. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for such this improvement. He shall prepare plans and specifications for the making of improvements. 3. The work of this project is hereby designated as part of the 1999-3 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk MEMO ON TABLE - p- , CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Sarazin Street, from St. Francis Avenue to Valley View Road Project No. 1999-3 DATE: May 4, 1999 INTRODUCTION: If the Council adopts Resolution 5134, a resolution ordering the improvement and the preparation of plans and specifications for Sarazin Street, from St. Francis Avenue to 800 feet south of St. Francis Avenue, the City Engineering Department will need preliminary design survey from a consultant. This memorandum is to request an action by the City's Council to authorize the appropriate City officials to execute an extension with a City consultant for design survey services. With the proposed project of Sarazin Street, City staff has utilized its existing topographic maps for the feasibility report and preliminary design. The City Engineering staff would need to verify the accuracy of this topo with a design survey, and City staff will need easements prepared for the proposed improvement project, if ordered by Council. Staff would recommend that City Council approve a motion authorizing the appropriate City officials to execute an extension agreement from a City Engineering consultant. Staff is proposing to contact the consultant utilized by staff and receive quotes for this design survey work. ALTERNATIVES: 1. Authorize the appropriate City officials to execute an extension agreement to a City Engineering consultant as determined by staff. 2. Do no authorize the appropriate City officials to execute an extension agreement with the City Engineering consultant. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to execute an extension agreement with a City Engineering consultant, as determined by staff, for the Sarazin Street Improvements Project No. 1999-3. Bruce Loney Public Works Director BL/pmp SARAZIN .r. ,_ SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION a HIGHWAY DEPARTMENT ' 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612)496-8346 —_-- BRADLEY J LARSON Fax: (612)496-8365 ASSOCIATE ADMINISTRATOR • • March 29, 1999 • Bruce Loney „O Shakopee City Engineer /17i? Shakopee City Hall 129 Holmes Street South .,ens a /pgg f/Il Shakopee, MN 55379 cipf: yqk Subject: Future Alignment of Valley View Road Op� Dear Bruce: We appreciated the opportunity to meet with the City on March 19, regarding the future alignment of Valley View Road and its intersection with County State Aid Highway(CSAH) 17. This type of communication will go a long way toward planning a safe and efficient transportation system for both Scott County and the City of Shakopee. Since the meeting, we have had a chance to take a more detailed look at CSAH 17 and its potential intersection with Valley View Road, a street which will become a major City collector as Shakopee continues to develop in this area. As we discussed, the existing intersection of these two roadways will not be adequate as traffic increases on Valley View Road. For example, a traffic signal could not be justified at this location due to the south approach grade of CSAH 17. We would support the realignment of Valley View Road so that it intersects CSAH 17 between 650'and 850' south of St. Francis Avenue. This location would allow for a level intersection, and will provide sufficient spacing between St. Francis Avenue and Valley View Road on CSAH 17. In the future, we envision full access to CSAH 17 between US 169 and CSAH 78 to occur at 17th Avenue, and at a realigned Valley View Drive. We therefore recommend that interim improvements to Valley View Road encourage the use of the future Valley View Road,and not other local streets such as St. Francis Avenue, as the major access to CSAH 17 from development in this area. Thank you for the opportunity to comment. Please call us if you need additional information. Sincerely, Brian K. Sorenson Graduate Engineer C: Brad Larson, County Engineer Michael Leek, Shakopee Community Development Director Joel Rutherford,Assistant City Engineer An Equal Opportunity/Safety Aware Employer WAword\reviewlplanslagency\ShVlyVw.doc 470 Pillsbury Center Kennedy 200 South Sixth Street l Minneapolis MN 55402 • O , (612) 337-9300 telephone Graven (612) 337-9310 fax CHAR T ER ED http://www.kennedy-graven.com JAMES J.THOMSON Attorney at Law Direct Dial(612)337-9209 email:jthomson@kennedy-graven.com MEMORANDUM TO: Mayor and City Council FROM: Jim Thomson, City Atto DATE: April 28, 1999 RE: Tobacco License Hearings The City Council has scheduled the hearings regarding the sales of tobacco products to minors for May 4, 1999 at 8:00 p.m. Copies of the notices that have been sent to the three licensees are attached to this memorandum for your reference. The purpose of the hearing is to determine whether action should be taken against the licensees as a result of violations that occurred on December 12, 1998. The violations at issue occurred after the new tobacco ordinance was adopted. The ordinance provides that the first violation is punishable by a civil penalty of$200 and a suspension of the license for a minimum of 1 day but no more than 10 days. A second violation within any 36- month period is punishable by a civil penalty of $500 and a suspension of the license for a minimum of 1 day but no more than 20 days. The K-Mart hearing involves a second offense. Here is my suggestion as to the procedure for conducting the meeting: 1. I will give a preliminary statement setting forth the purpose of the hearing and a summary of the penalties that can be imposed by the City Council. As part of my preliminary statement, I will inform the licensees that when their matter is called, they have the option of either admitting that the violation occurred or requesting the opportunity to challenge the violation. If they admit the violation, they will be allowed to describe any extenuating circumstances that they might feel are applicable to them. If they request a hearing, the hearing will be conducted that evening after the City Council deals with the other licensees who have admitted the violations. 1 2. After I have made my preliminary statement, the Mayor should ask if anyone has any questions regarding the procedure that is going to be followed. 3. I will then call the first case. The representative of the licensee will come to the podium. The Mayor should ask the licensee whether they admit the violation. If the licensee admits the violation, they should be given the opportunity to explain any extenuating or mitigating circumstances. If the violation is admitted, the Council then needs to decide whether it wants to impose a suspension longer than the one-day minimum. 4. In deciding the length of the suspension, the City Council can consider any factors it believes to be relevant. 5. For those licensees who request a hearing, I will start the hearing by putting into the record a certified copy of the conviction from District Court. I will also summarize the particular facts of the violation as set forth in the police report. We will then give the licensee an opportunity to present any facts they would like to present. It is also possible that the police officer who was involved with the incidents will be asked to provide information on the violation. 6. After the hearing is completed, the City Council will then make a decision as to whether a violation occurred and, if so, the length of the license suspension. (The amount of the civil penalty is set forth in the Ordinance.) I will be prepared to answer any questions regarding the hearings. JJT-162074 2 SH155-23 CITY OF SHAKOPEE NOTICE OF HEARING REGARDING VIOLATION OF TOBACCO REGULATIONS Certified Mail TO: Avanti Petroleum, Inc. dba Total Mart Store 234 W. 1st Avenue Shakopee, MN 55379 Please take notice that a hearing will be held before the City Council of the City of Shakopee in the City Council Chambers, Shakopee City Hall, 129 South Holmes Street, Shakopee, Minnesota at 8:00 p.m. on May 4, 1999. The purpose of the hearing is to determine whether action should be taken against your license as a result of an alleged violation occurring on or about December 12, 1998 regarding sales of tobacco products to a minor. The maximum penalty that will be imposed for a first violation of the City's regulations is a fine of $200 and a suspension of your license for a minimum of one day and no more than 10 days. The penalty that will be imposed for a second violation at the same premises within a 36-month period is a fine of$500 and a suspension of your license for not less than one day and no more than 20 days. You are notified that you have the right to appear at the hearing and present evidence as to whether a violation occurred. You may be represented by an attorney of your choice and to call witnesses on your behalf. If you do not appear at the hearing you will be deemed to have waived your right to present evidence on your behalf. Dated: April 13, 1999. By Order of the Shakopee City Council Judith S. Cox, City Clerk 129 South Holmes Street Shakopee, MN 55379 Telephone: 445-3650 JJT-161175 SH155-23 n. CITY OF SHAKOPEE NOTICE OF HEARING REGARDING VIOLATION OF TOBACCO REGULATIONS Certified Mail TO: K-Mart Store 1200 Shakopee Town Square Shakopee, MN 55379 Please take notice that a hearing will be held before the City Council of the City of Shakopee in the City Council Chambers, Shakopee City Hall, 129 South Holmes Street, Shakopee, Minnesota at 8:00 p.m. on May 4, 1999. The purpose of the hearing is to determine whether action should he taken against your license as result of an alleged violation occurring on or about December 12, 1998 regarding sales of tobacco products to a minor. The maximum penalty that will be imposed for a first violation of the City's regulations is a fine of $200 and a suspension of your license for a minimum of one day and no more than 10 days. The penalty that will be imposed for a second violation at the same premises within a 36-month period is a fine of$500 and a suspension of your license for not less than one day and no more than 20 days. You are further notified that you have the right to appear at the hearing and present evidence as to whether a violation occurred. You ma v be represented by an attorney of your choice and to call witnesses on your behalf. If you do not appear at the hearing you will be deemed to have waived your right to present evidence on your behalf. Dated: April 13, 1999. By Order of the Shakopee City Council Judith S. C:>x, City Clerk 129 South Holmes Street Shakopee, MN 55379 Telephone: 445-3650 JJT-161175 SH155.23 CITY OF SHAKOPEE NOTICE OF HEARING REGARDING VIOLATION OF TOBACCO REGULATIONS Certified Mail TO: Twin Cities Stores, Inc. dba Oasis Market 1147 South Canterbury Road Shakopee, MN 55379 Please take notice that a hearing will be held before the City Council of the City of Shakopee in the City Council Chambers, Shakopee City Hall, 129 South Holmes Street, Shakopee, Minnesota at 8:00 p.m. on May 4, 1999. The purpose of the hearing is to determine whether action should be taken against your license as a result of an alleged violation occurring on or about December 12, 1998 regarding sales of tobacco products to a minor. The maximum penalty that will be imposed for a first violation of the City's regulations is a fine of $200 and a suspension of your license for a minimum of one day and no more than 10 days. The penalty that will be imposed for a second violation at the same premises within a 36-month period is a fine of$500 and a suspension of your license for not less than one day and no more than 20 days. You are further notified that you have the right to appear at the hearing and present evidence as to whether a violation occurred. You may be represented by an attorney of your choice and to call witnesses on your behalf. If you do not appear at the hearing you will he deemed to have waived your right to present evidence on your behalf. Dated: April 13, 1999. • By Order o'the Shakopee City Council Judith S. Cox, City Clerk 129 South Holmes Street Shakopee, MN 55379 Telephone: 445-3650 JJT-161175 SH155-23 i% A. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Boulder Ridge Townhomes MEETING DATE: May 4, 1999 DISCUSSION Sand Companies, Inc. is requesting Preliminary Plat approval for Boulder Ridge Townhomes. The subject site is located north of Vierling Drive and west of County Road 17. A copy of the April 22, 1999, Planning Commission report is attached for reference purposes. ALTERNATIVES 1. Approve the preliminary plat of Boulder Ridge Townhomes, subject to conditions as presented. 2. Approve the preliminary plat of Boulder Ridge Townhomes, subject to the revised conditions. 3. Do not approve the preliminary plat of Boulder Ridge Townhomes. 4. Table action on this item and request additional information from the applicant and/or staff PLANNING COMMISSION RECOMMENDATION At its April 22, 1999 meeting the Planning Commission recommended approval of the preliminary plat of Boulder Ridge Townhomes, subject to the conditions that have been incorporated into Resolution No. 5130. ACTION REQUESTED Offer and approve Resolution No. 5130 approving the preliminary plat with conditions. J ie Klima • armer II i:\commdev\cc\1999\cc0504\ppbldrdg.doc RESOLUTION NO. 5130 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF BOULDER RIDGE TOWNHOMES WHEREAS,the Planning Commission of the City of Shakopee did review the preliminary plat of Boulder Ridge Townhomes on April 22, 1999, and has recommended its approval;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,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 Boulder Ridge Townhomes is hereby approved subject to the following conditions: The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii. Installation of storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. iv. 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. v. Easements shall be added to the plat, for all public improvements, and as required by City Code vi. Park dedication fees in the amount of$52,000. shall be paid at the time of the recording of the Final Plat. c) Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities, prior to the commencement of construction. d) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. e) A utility easement shall be provided over all of Outlot A. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of ,1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 sA f R10A 4$.--,-.'-'4,40.,...;%:„.:,4..-� "i±�e+ C} at f �t,, ,t-+ i '1•' R x-.Y aA x ,44.4. 'fIry y::: + rot ; .,,,,,,/ ;.-.:1 -',/...-:.i: iy..-. `ary..'. w CITY OF SHAKOPEE, Memorandum x� TO: Shakopee Planning Commission .1 43 :FROM: Julie Klima,Planner II ,-,-----.7.-.-...z SUBJECT: Preliminary Plat of Boulder Ridge Townhomes MEETING DATE: April 22, 1999 REVIEW PERIOD: February 19-June 19, 1999 Site Information: Applicant: Sand Companies,Inc. Property Owner: Sand Companies,Inc. Location: North of Vierling Drive,west of County Road 17,and east of Sage Lane Current Zoning: Medium Density Residential(R2)Zone Adjacent Zoning: North: Urban Residential(R-1B)Zone South: Highway Business(B1)Zone East: County Road 17/Highway Business(B1)Zone West: Urban Residential(R-1B) 1995 Comp.Plan: Medium Density Residential Area: Approximately 8 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: Sand Companies, Inc. has made application for preliminary plat approval for the proposed Boulder Ridge Townhomes. This plat proposes a replat of the residential portion of the Boulder Ridge subdivision. Please see Exhibit B. The zoning for this property is currently Medium Density Residential(R2), and the general location is depicted on the attached map(Exhibit A). The Planning Commission has reviewed, and recommended approval to the City Council, an application for a Planned Unit Development(PUD)on this site. The City Council will review the PUD request at its April 20, 1999 meeting. 601, Considerations: The applicant has not requested any variances as a part of the platting applications. Landscaping parking, and other performance standards shall be reviewed at the time of building permit application. Park dedication fees shall also apply to this development. The current City Fee Schedule requires payment of$1000.00/dwelling unit. Therefore, a total park dedication fee of$52,000.00 shall be paid at the time of recording of the final plat. Minnegasco has commented that a utility easement must be provided over all of Outlot A. Alternatives: 1. Recommend to the City Council, the approval of the request for approval of the Preliminary Plat of Boulder Ridge Townhomes, subject to the conditions, as recommended by staff. 2. Recommend to the City Council, the approval of the request for approval of the Preliminary Plat of Boulder Ridge Townhomes, subject to revised conditions. 3. Recommend to the City Council, the denial of the request for approval of the Preliminary Plat of Boulder Ridge Townhomes. 4. Table any action on this item to allow additional time for staff and/or the applicant to provide further information. Staff Recommendation: Staff recommends Alternative No. 1, a recommendation of approval of Preliminary Plat of Boulder Ridge Townhomes, subject to the following conditions: 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii. Installation of storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. iv. 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. v. Easements shall be added to the plat, for all public improvements, and as required by City Code vi. Park dedication fees in the amount of$52,000. shall be paid at the time of the recording of the Final Plat. )1.1-"' r �gz�'. `4 e`,•,,, #, .' '''.2 ' '"/64... S ,;'t it f. y S r Y ' y *mt kL b y L• M 44 - ttss•• 7 �l C rq"y. }. ""� S t- F .MY"bUf,,,....,,,.1,1-.,,..0< Y yy i r 'wk,r tg rya,, « *-,s b ^ +' , :X.a. 'a' ",, ...s,,, wT.t- Y 1 [ W.... +�C ,S.' 'C�„'�2.' ft x .. .x Y , , t ,4t,,,*,,,,..*. .. 5 r .,sp.0 y�' r+_ .. 4. w P 3 % `v , wiz` , , > 0. } ,41 '*14.. -i rb ,- • 'F '3 ",-' 2 Final Construction Plans and Speafications must be approved by the C' Engineer:and . .'' Y �'i • µ� .. t R.3: arr v^- . +ti.,.-'4 ax.aim=� r ?«. "+rw •.4,:.' Fwly46s 4k.to k- r..r " ik di'• i � ;y-e'°' -1 I Shakopee` iibfic Utihties,pnor t o the commencement of const ction. 3. Grading/Erosion Control/Storm Sewer plans and specifications must conform`to City requirements and are subject to approval by City Engineer. ' - r'5. - A utility}easement shall be provided over all of Outlot A/... ` € :'' '4 '4s;' I Y Action Requested: Offer a motion recommending to the City Council the approval of Preliminary Plat of Boulder Ridge Townhomes, subject to the above conditions ' ' -' _ •- .ti----- " s . 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'r �i'k It y�41111'S ' • ' Ikkilfill • I . 1y �3 , 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 g-C-ommissian 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 between the applicants and the City regarding participation in the costs for the improvements required for Vierling Drive. 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. 0 The developer shall be responsible for the construction 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. i) Relocation/repositioning of the Minnegasco lines shall be at the developer's sole cost and expense, except that the City agrees to pay 1/2 of the additional cost up to a maximum of$35,000 for relocating/repositioning the portion of the Minnegasco line necessitated by the construction of the right turn lane from Vierling Drive between Marschall Road and the east line of the driveway access. All other costs associated with relocating this portion of the Minnegasco line will be included in the overall Plan B project costs. 3. The storm sewer system upstream from the pond, and the sanitary sewer system within the development will be private. The development shall have an association or some other agreement which provides for the future maintenance of these systems. 4. Park Dedication fees shall apply to this plat in the amount of $67,094. The payment of park dedication fees may be deferred until issuance of building permits. If deferred, payments shall be made on a pro rata acreage basis, and according to the fee schedule in place at the time of building permit application. 5. The City recommends that access shall be allowed to the site from County Road 17 (Marschall Road). 6. 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. 7. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. 8. Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. 9. Existing special assessments shall be paid off. In the event that the developer requests the assessments to be reapportioned and the City agrees to reapportion the assessments, the City Engineer will reapportion the existing special assessments against the lots, the developer shall waive the right to appeal the reapportionment and shall pay the fee for the reapportionment as required by the City's adopted Fee Schedule. 10. 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 1Y' ,3 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vierling Plaza Preliminary Plat MEETING DATE: May 4, 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. The City's traffic engineering consultant has recommended a right-in only from Marschall Road to the site. City staff supports this position,but had originally drafted the conditions of approval based on the Scott County Highway Department's objection to the proposed right-in access. Following Planning Commission review of the preliminary plat Condition No. B.4 has been revised to recommend access to the site from Marschall Road. Alternatives: 1. Approve the preliminary plat of Vierling Playa, subject to conditions recommended by the Planning Commission. 2. Approve the preliminary plat of Vierling Plaza subject to the revised conditions presented in attached Resolution No. 5110. 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. .77 R. Michael Leek Community Development Director i:\commdev\c61999\cc0504\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 City Council review of the Final Plat, the following actions must be completed: 1. The plat and associated drawings shall be revised to include the roadway improvement recommendations of 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 building permit application. 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 ,. . �y w CITY OF SHAKOPEE Memorandum r .':r. ?:',01,4,4a013'0111 TO: Shakopee Planning Commission ".. ._ Julie Klima, Planner II FROM: 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 Property 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(B 1)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. • 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. Minnegasco 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; Y V i z J'^'*6 xr a) '"'''y 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 x r•;.._.. .. _ ryaac„ , o;.a sof' • it deems necessary to maintain safe access, and to charge the costof 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, /, etczoLa...., lie Klima Planner II is\commdev\boaa-pc\1999\0408\pfpvgplz.doc r .. , ` _ �� , asaraer-,aat�rsnr i .. - ; , 1 -',1411411q,�tl �.dcyae,.•rte.", e">. _ g \ ., .....a. Alliirt.24 11:1 f •t, .o..pa ._ �►tam o0 0t v il c A�,� roe c�mrao C� ,' �oo ; A; ole =o Q 1` fr_ t04jIC WAIFS Igi d al�'I' *1.1 sigiVikqii:i IA ,T,.-..A-I 1113 p ill milk r '® 41 E I Cr Iith. 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IA ro:fli �lii:Iiii:o; • EX-14-1?› + ayge,. 11 ' 44 4":71;1K. $z City of Shakopee Memorandum TO: Julie Klima,Planner II FROM: Joel Rutherford,Assistant City Engineer Q1-1 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. '52;4'4. ate,r qtv �3 a art r 4'4 'mug � r�-iy• f `rye_ Recommendation = s4,-�i 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. 1.:-Z;,,-,,,,ii.-,,:.,e,' - '••, • - ' 1:".' " ---.4-' .-1-"4""o' '',..,-.-z.r'.-:-. .f.--',-- ',;•?'• f . =-BretA.WaarP.E.-� - .� e 350 • Westwood Lake Office Peder R Wills ibd .P.E.: ,� -� 8441 Wayzata Boulevard Donald ao.ggil Sten*EL` r � • �. ,< Minneapolis, MN 55426 Ronald B Bray,P.E. Lh;"' 4 612-541-4800 = r .&Associates,Inc FAX 541-1700 _`..` DRAFTu . Memorandum . • - To: Bruce Loney,P.E.,Public Works Director City of Shakopee From: 1�f� 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) and Vierling Drive in the City of Shakopee, Minnesota. Figure 1 illustrates the project location as it relates to the adjacent roadway system. The development will consist of a 108,000 sq. ft. Super K store located on the eastern parcel. It was also assumed that the western parcel would be developed with a convenience gas station,a high turn-over sit down restaurant and a drug store. The land uses on the western parcel are only speculated, no proposal is being made at this time; however, they were assumed for the Traffic Analysis. Access to the site is proposed by the Developer at three (3) entrances from Vierling Drive. The first s access point will be across from right-in/right-out Rtosey Street and will thete east of Ramsey allow full movements. The second access proposed to be Street. The third access will be across from Miller Street and is proposed to allow full movements. WSB was retained by Continental Properties Company,Inc.,and the City of Shakopee,to conduct a Traffic Study to determine the volume and characteristics of traffic that would enter and exit the proposed site,the capacity of level of service(LOS)of the existing and proposed access points,the geometries(number of lanes)required for Vierling Drive and each access point and a determination of the amount of right-of-way that would be required to accommodate the proposed roadway • geometric s. The following sections of this memorandum outline the methodologists analyses and conclusions/recommendations of the proposed development traffic impacts. + Infrastructure Engineers Planners r.�wrwuh„saoamiss_e�•ve EQUAL OPPORTUNITY EMPLOYER •nt • • Study Re: Traffic Engineering .�. w i Date: February 25,1999 Page 2 EXISTING CONDITIONS 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 used volumes were assumedassumingo belthe anticipated exislting(1999) development of both of these developments. These 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. F:WwrwaNM lS$.00'0223994olwpd _ x C . L ;,yy i=• Re: Traffic Engineering Study Aga 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 by. 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 assignedto the P.M.peak hour development street system according to the distribution teu�by direction of approach/departure. Figure 3 illustrates 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. Ar briefbhe Transportation Research the LOS is Board (TRB) in the 1997 Highway Capacity vided in Table 2. These LOS measures are standards set forth by P Manual. FAWPWIMus&.aa1oai$99.bI*vd art`j L • • • Re. Traffic Engineering Study . r Date: February 25,1999 Page 4 The results of the capacity analysis indicates that the existing LOS is'C'at the intersection if CSAH 17 and Vierling Drive and a LOS 'B' at Ramsey Street and Miller Street during the P.M.peak hour with the existing lane configurations. ' Using the 1999 total traffic volumes and 2005 traffic volumes,a capacity analysis dwas performedDrive at the intersection of CSAR 17 at Vierling Drive,Vierling Drive at Ramsey StreetVierling at Miller Street. Three alternatives were analyzed. 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 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 Miller Street will decrease from a LOS 'C' to a LOS 'D' with the proposed development from 1999 to 2005, assuming a full right-in/right-out between Ramsey Street and Miller Street. The right-in only alternate has no impact on the overall LOS;however,by removing the right-in only,the overall LOS decreases to a LOS `E' by 2005. The unsignalized intersection of Miller Street will decrease from LOS 'B' to LOS 'C' with the proposed development from 1999 to 2005,assuming the full right-in/right-out access or right-in only 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: The maximum length of traffic backup (queue) was calculated for all left turning movements on Vierling Drive. It was determined that the maximum queue which might occur would be 190 feet between CSAH 17 and Ramsey Street. Since the intersection of Ramsey Street is 330 feet from the CSAH 17 intersection,it will not be blocked by traffic backing up from either intersection assuming a side by side left turn lane. The maximum queue length between Ramsey Street and Miller Street is 80 feet. Since Miller Street is 630 feet from Ramsey Street, traffic will not block either intersection assuming a back to back left turn lane the queue length calculations are summarized in Table 4. F:%WPWIMI lSl0d422599 bLW$ • f� • „ '2„ / .J✓MSi' J,[ i 3r •? ^�' �Ni, -t,'xl �. E, i ',;' �•i ..• `ct�.c J',44 , arm 9'_Y �`, a.p . �. % ,1. yp 51,7 � T _t—y T'.`�.�$- k.'` A"✓tv„Y�” L4 Ylt, •- •• k t 4 °' s Si } Y �'! t' � i' ert n ' `` -, Re: Traffic Engineering Study• t - Date: February 25,1999 �+ P S x c.� „��,y.RiT'.�, .} "�'rs�a'pffA"' �3' C fv..��`` 7- :x, a ROADWAY GEOMETRICS/RIGHT OF WAY,� } 2.,� ;14. *4- ��;n',LkaF:�7„,y.d�.`� >:���.`v�,`'�✓�a 44- • 1 y:$.t•'c'xJ's4^} 'H”` '�'ri r-�x� 'Jtc.�l,T Based on the capacity and level of service analysis and the queue Length analysis, the proposed roadway geometrics and right-of-way for Vierling Drive from CSAH 17 to east of MillerStreet should be as follows: Y rlsf _ , (f. x. :� �� }� > 1`. .s fr <, ;t CSAH 17 to Ramsey Street: _ _ s,• aJ • 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 r r M� 14. Re. Traffic Engineering Study 4 w Data 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'I'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:\WPWIMI 1S$.00eS99•!Lwpd "'.. - . . .;: 44. ,, "M.,2-.......4V"1.....4.: ?. ,:,• 7: x. i 0'.-.-...d Z , ,'..-, .""-'''''''''...k: ', '''":' ..-kr:.,.,.–--- -!;- ,....,,,-...--- &..4 ;zi.r.-4.4 -4;7..44.7.- ,tk.- to.,:t3N141!` -- 41";,t - -. .44•44,--04,k4...f4.;.4.i...c..-1-*,..9.4,4. -„,. ,- , " ,,, ;---z.,-.1.4„ -,:st ;,-.,, •r1.- ... .4'....-‘•: ,; -., .,. . -,...-` 't'w. -''' -1"- ...t.st;0 41,,,,-r, t... ..b.. . -, -. x;*.24., -.,..„.-,-A,rz t...;-1.,....,„;'t.,-, .%;"!,,,,.....-;,..,,A. ...tr,,,4'.0,47.147Cil.U.."-s ''It-'144,,v'''at.t" t*Vt--.: ..,04 S .75e7r441Vir..c.4efiN ,:^-11. .. .`-gil.-t,i.'"%.,,.4-', ",.. -,,‘".:...7:-4=4 -- :-,.: .,4614.7e-*Al2:21,4:;`,,,.'.." , 7„4,-.4je,-41`:11;4.--;*.:".0-- `="7:77,F7:1.:' ,-,:,-:, , - 1711"-'‘,.-.'i.,4,4• 1'..ilit. .:*41,,,..`t.e...t tt.ii.7. f...-:4;-.1.--ti.. ti.."`..--. --•.. . ,-.....",....-,"t --..-1-...:-.......,- ..-r-,,er- -. -.,- .- 1,4, e.:1,'t'ik::f -*,..1"'t.-: -.2, ..-- ---= 4; .--*---7-27..,: .-..«,' .4•:-:*"...":"'`7.0"'-"""'''"-^-1^ '. t `...,';'" •,Crisle.+13.r.i...,71,,.. :.t. .. . ' 77,_, --;,41,.. gift.'',A,:gr4s,„174111:*,,,,,ACt*#*" ''4.‘1:n -:-.''''' "''' ' A!,...$ -,..-re-41'lre=4?$:et -.:144,'..'"-.,7*---,..'1:tr-11..„.1,,,z.;-'—':7-:',r-`,'..P,,,' '--'..61:-e—,,"' S ,,-, .77..;4-t...,.i..%,(*4-;: ,-. .,. v4e,.74.;.-...1-1,0"-'s) .- .,. i, '11411-. -..-- -=,-T-1:,''-, -•:':;„;.,- ,"' 1.. r 4.1.*.N.k-if4-‘-'''''''''''':4.- '..''' .-.-..,---*,',,,,,. ",..": *_--s-t1 "i."-- '' '..er!,-V.,.,.'....ge: ,. ..Traffic Engineering - - - ...',-- -:-1 ..:--.-- '-•-.. --- :. • ,„...;;:::;,,, _, ,....•.-.,,,,.. 'e., ___, . 2 .4. t--tt"tt-' ' '.,-,Aiidgere--- non ,- . .---..?,,4-.- =,--....:::..1.'" --,A.Z.;74%.;;:i-,-:• 1--...,?..,,,c,'•;:: --44:',CAT"-;*;V:fe ... - ::•:-'''''''''X''''' r'.'7'' ':1--,1 'I"' '-'4Wgeil-')'- . •,,4.:*">i,,..p„-. .,.IC' I Date: ":.,,'February 25,lbfJ :;-4...`rt-,- t :••.....fi!-..:.'. -,--f,- --.1,;, ''.--,r-r '. ','6-_• .,-11: l'i-1--:-.••• .i-1,7,‘ ,.-,.„,..,e.4.,,,-,- t.---,-...,41t",-,•,31:.- .,'!„:-.p.-„,...:.-,9 -,„:.,•4; 4-1=page 7 ...,.,,,. _,..:.,:......„-_,...-1...--:,.-_,-:7:•,_;,,,„......---;.. _ .-y..,..,,-,-• _.-:_, -t.‘::.•':-,-..':-=-,,,r/7..,' 17.`' -1'.:"....;,..% tt!--•=t)1; ,:e*tt.;-17;-?---:".,,v-.7, ..; .', ..,---.7.',..‹,i- .t '-• 7t:'''';'_ f„;;.; . • . - -- '"- ' : ' -:. - ', '7'-;',..;,,,,1-. '''';'..?;'-'..c...A'•:. z" - . . .- 4,a6°:- 2. The developer provides right-of-way in amountof 60 feet froth center line froth CSAH . 17 to Ramsey Street,50 feet from center line from Rams". eY Street to Miller Street and 40 feet -- from the center line from Miller Street to the east - - -z- 3. Construct full movement accesses at Rarnsey ' only Street and Miller Street mg a right-in . i,..".,• .`.2.. between Ramsey Street and Miller Street . — • -, ,_, • .z......,--;.- ....-i,,--;,.-.,-.4--:.4.4--.t4.,:ti,l's ,-it' .Y"''''' '"1.:"*''71'' t.1.‘',.r..',,t'V.:.'''' .!..'''''''''' ''''''f ' ' 1 ' ' . '' . isle from 4. Provide a minimum of 150 feet of stacking distance before the first drive .Vierling • Drive into the site at the Ramsey Street entrance in order to provide foradequate 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 1,AWPWIMI151.001022.1994.wpd - - . a < ; - --' a rr ..7P • •s.,, x+e{ trf yL Ld* rm7ex.1,n<;' K S- Y - 4Lt 'r d' p �ts. ;ii, ,,,e.i-,,,, • ,;%•4rf Y.t4.4 ' d K •f -Dn - f °"'' ��'. wi;.,,. .. ., ,.-.. Hlvr:',31iW41S' rqy . ax vv 2 M CZ M raO O N •_, W •M -.:..m.cnrtae-:vsy":.:u.a.y+s�.'Ji'T.1"'NGCWwaW!YweY3i/KL'^uad/wr........� • 1— — • w • •- C N M er CN') VM, C L. I 3 0 0 0 0 = Z 0 to U) 10 O 12 e co Z mc ,— O n- 7 5 0� ..le o iet g ..... ) ts, to a W W Z t.9 rs W_ Le > I.-. 4.4 W m • as t-• N cr, r- Co • .� 0 co co 0 r • C. ei t- as V- I T.~ a Yw VLu r g g 0 00 0 0 0 0 O Co Co) N CO .1a az C!) Ci) r I- ti O J 2 CI al I- I- CO W Y pto 3 ~ I'm > V • y RT'; .ry. dT • 1• • • „ .r- as.a,yk.i.r•,.r...y.w ++�•..�.+r .._ - ,_i it m .� - TABLE . 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. p 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. r t K 4.-,.,-_-.;H' ,_. ^� •••!:,!!•:;•-•-i'.! J ' �... ,` -17,'.. a te_ .•,,.44.•„.,,,X-i-:4 s . :, L•••:•,:--,-,:-,•, -4;••' -'•,,,t'4•1-,'''''-' h' 4r ' , i 4.0 •,..,..,..,..,- a 1n L. -la ' "_ . • re v 4k:� v m ,C 0 , , " a.n -.- p w y t ..w `, nate, ,,'- f., .," h - 4 RS,,it 44,.. A. i' % Z spr.....7.5. n x... 'ti IfYM y0 3 te y} '..t.....-. - �, ` O o 3 N 44 0 0 0 CC _ .._ o W N v o p CO m W 3 to ---- • LL CL O c Wac U 0 0 o LU w J Z a O r c H N W•• U 0 m CN as _ fi..N Lf. Q) 0 W f'. — CD Z Z o ct C U U • ,�,1 . m W Cd .o .. • • N e- o 0 CO m Q w •%CO W 3 40g cl: N O p m u) co E m . 0. 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L CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Authorization to Advertise for Bids for the Joe Schleper baseball Stadium Date: April 27, 1999 INTRODUCTION Staff is requesting the City Council's authorization to solict bids for the improvements proposed for the Joe Schleper Baseball Stadium. BACKGROUND At its March 7, 1999 meeting, the City Council authorized staff to enter into an agreement with Architect Dave Linner to proceed with the facility design and specifications for the Joe Schleper Baseball Stadium Project. The main bid package will consist of restroom facilities, concession stand and press box. The canopy roof, storage area under the grandstand and landscaping will be submitted as bid alternates. Mr. Linner has the specifications ready to advertise for bids. The bid opening will be held Wednesday, June 9, 1999 at 10 a.m. at City Hall. The City Council will review the bids at its Tuesday, June 15, 1999 Shakopee City Council Meeting. At that time, the City Council can determine the scope of the project and how much it wishes to fund in 1999. Council also has the option to reject all bids, if they are too high, and re-bid the project at a later time. See Attachments A& B for background information. ALTERNATIVES 1. Authorize the appropriate City officials to solicit bids for the improvements proposed for the Joe Schleper Baseball Stadium Project. 2. Do nothing. 3. Table for further information from staff. ACTION REQUESTED Move to authorize the appropriate City officials to solicit bids for the improvements proposed for the Joe Schleper Baseball Stadium Pros-- t. /2 /11F ffL&.4.* Mark J. Quillan Parks and Recreation Director /57 )4, CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Authorization to Advertise for Bids for the Joe Schleper baseball Stadium Date: April 27, 1999 INTRODUCTION Staff is requesting the City Council's authorization to solict bids for the improvements proposed for the Joe Schleper Baseball Stadium. BACKGROUND At its March 7, 1999 meeting, the City Council authorized staff to enter into an agreement with Architect Dave Linner to proceed with the facility design and specifications for the Joe Schleper Baseball Stadium Project. The main bid package will consist of restroom facilities, concession stand and press box. The canopy roof, storage area under the grandstand and landscaping will be submitted as bid alternates. Mr. Linner has the specifications ready to advertise for bids. The bid opening will be held Wednesday, June 9, 1999 at 10 a.m. at City Hall. The City Council will review the bids at its Tuesday, June 15, 1999 Shakopee City Council Meeting. At that time, the City Council can determine the scope of the project and how much it wishes to fund in 1999. Council also has the option to reject all bids, if they are too high, and re-bid the project at a later time. See Attachments A&B for background information. ALTERNATIVES 1. Authorize the appropriate City officials to solicit bids for the improvements proposed for the Joe Schleper Baseball Stadium Project. 2. Do nothing. 3. Table for further information from staff. ACTION REQUESTED Move to authorize the appropriate City officials to solicit bids for the improvements proposed for the Joe Schleper Baseball Stadium Pro' t. i CI--4(41/ fr Mark J. Quillan Parks and Recreation Director f /i9Uff)1iti/ ,9- Is. . CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From. Mark McQuillan, Parks and Recreation Director Subject: Architect for Joe Schleper Baseball Stadium Date: February 24, 1999 INTRODUCTION Staff is requesting Council's authorization to hire Architect Dave Lineer to do the design development plans and specifications for the baseball stadium improvements in Talipah Park. BACKGROUND At its February 2, 1999 meeting, Council directed staff to hire an architect to develop design specifications and bid packages for the baseball stadium. Council also indicated it wishes to have the project split into phases and/or with bid alternates. When the facility design and specifications are completed, staff will seek Council's permission to solicit bids. The decision to fund the improvements will be determined when the City Council reviews the bids. ARCHITECTUAL SERVICES Requests for Qualifications were sent to three architects and two of the three responded. They are: Dave Linner Architects and Cluts, O'Brien and Strother Architects. The city Andministrator and Parks and Recreation Director conducted interviews on Monday, February 22, 1999 at City Hall. FEE PROPOSAL Limier Architects Architecture/Engineering thru Bid Phase $15,600 Architectual/Engineering thru Construction Phase 4,200 Total $19,800 Misc. costs for printing and postage Gluts,O'Brien&Strother Architects The design submitted is 7% of the construction budget($550,000)which equates to $38,500. Design Development (25%) $ 9,625 Construction Documents (45%) 17,325 Bidding (5%) 1,925 Construction (25%) $ 9,625 Total $38,500 RECOMMENDATION Staff recommends hiring Mr. Dave Linner to do the design development and specifications for the Joe Schleper baseball Stadium Project. ACTION REQUESTED If Council concurs with staff's recommendation, it should, by motion, move to authorise the appropiate City officials to enter into agreement with Dave Linner to proceed with the facility design and specifications for the Joe Schleper Baseball Stadium Improvement Project with funding to be allocated from the Park Reserve Fund at a cost not to exceed $15,800.00. * An additional $200 was added to cover printing and-postage costs. • /ziz // Mark J./ cQuillan Parks and Recreation Director FEE PROPOSAL • David Linner Baseball Stadium Shakopee, MN Architectural/Engineering thru Bid Phase $15,600 • Architectural/Engineering for Construction Phase 4.200 • • Architectural/Engineering A/E Total $19,800* - *Plus Printing and Postage - Services include design development, construction documents including plans and specifications, bid review, construction administration with site visits, final inspection, and final punchlist. DATE: February 25, 1999 TO: Mark McQuillan I.Parks and and Recreation Director CITY OFSH KOPEE 1--I--_1. 1..11.:.1 1255 Fuller Street Shakopee, MN 55379 ��I'ietl FROM: Dan O'Brien 6tt'pthG1" AD PROJECT: The Joe Schleper Baseball Stadium Improvements Project COMM NO: Promotional SUBJECT: Fee COPY TO: file MEMORANDUM Design fees for the services outlined in our proposal will be 7%of the construction budget. Our fee will be broken down as follows: Design Development 25% Construction Documents 45% Bidding • 5% Construction Administration 25% Please call with questions. • 0-. ( 7520 Market Place Drive • Eden Prairie • Minnesota 55344 • Phone: 612/941-4822 TOTAL P.02 ,1 .Ha %J CITY OF SHAKOPEE MEMORANDUM To: Mayor Jon Brekke and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: Joe Schleper Baseball Stadium Improvements Date: January 26, 1999 INTRODUCTION The Parks and Recreation Advisory Board is recommending the City Council allocate up to $550,000 for improvements to the Joe Schleper Baseball Stadium. BACKGROUND As early as 1970, plans were underway to build a new community baseball field either in Lions Park or Tahpah Park. In 1980, the Shakopee Jaycees donated funds and volunteer labor to construct a new baseball field at Tahpah Park. After years of flooding, the old Riverside Baseball Park on the north side of the Minnesota River was finally closed in 1985. The steel light towers at Riverside Park were disassembled and transported to the new ballfield in Tahpah Park. A committee of local baseball supporters raised over $15,000 to purchase a section of the Metropolitan Stadium grandstand and reconstructed it at the new ballfield. The purchase included steel girders, concrete slabs and seating for about 600 people. Danny's Construction donated labor and funding to reconstruct the grandstand. In 1989, two concrete block dugouts and a giant wooden batting eye in center field were built by the town baseball team and in 1993, the Shakopee Jaycees irrigated the entire 40 acre complex including the baseball field. UNFINISHED STADIUM Unlike many town ballparks, Schleper Stadium does not have a press box, concession stand or restrooms. A canopy roof over the grandstand is also needed to help block the sun from the fielders eyes (pitcher, shortstop and 3rd baseman) during late afternoon games. The backstop netting would also to be extended to the roof to protect spectators from foul balls. A temporary screening system was installed at the top of the grandstand. The sun-screen is raised and lowered on a pulley system which has a history of malfunctioning. USERS The Joe Schleper Baseball Stadium is the home field for the Shakopee High School Baseball Team, Shakopee.Indians Town Baseball Team, Shakopee Coyotes Town Baseball Team, Shakopee American Legion Baseball Team, Shakopee Mickey Mantle Baseball Team and the Men's Over 35 Baseball Team. Occasionally, teams in the Junior Boys Baseball Program will use the field. STADIUM DESIGN AND COST OF IMPROVEMENTS In December of 1998, David Lineer was hired to work with staff and leaders of the local baseball program to develop a concept plan for stadium improvements. Needed improvements would include a concession stand, restrooms, press box and canopy. Mr. Lineer is the architect who did the concept design for the grant proposal to expand the Community Youth Center. Kevin O'Brien of Greystone Construction was contacted to provide the estimates for the improvements being proposed. See Exhibit A. The estimate for the press box, concession stand, restrooms and canopy is about $550,000. FUNDING The 1999 Five Year Parks Capital Improvement Program identifies $200,000 of Park Reserve Funds for stadium restrooms, concession stand and press box. (Prior to the adoption of the 1999 CIP, $400,000 was identified for the stadium project but $200,000 was shifted to the Community Youth Center Expansion Project which is contingent on a successful grant application.) In 1995, the City Council identified $380,000 of TIF funds for a various improvements in Tahpah Park. See Exhibit B. According to the Finance Director, those funds are still identified for Tahpah Park. It makes sense to use the TIF funds for the stadium project and use Park Reserve Funds for land acquisition and development of new parks. Even with TIF funds, the stadium project will have an estimated shortfall of$175,000. Therefore, the project either needs to be scaled back or additional funding from another source will be needed to complete the project. One suggestion would be to fund the project using a combination of TIF funds and Park Reserve Funds. For example: $450,000 TIF and $100,000 Park Reserves. BIDDING THE PROJECT If the City Council decides to fund all or even part of this project, it may want to bid it with certain components as bid alternates. The main bid package could include: concession stand, restrooms and press box. The bid alternates would include: landscaping, canopy over grandstand and storage area under the grandstand. Therefore, Council has the option to exclude one or two of the bid alternates or all of them. Council can also reject the entire bid package if it desires. DISCUSSION Step 1. Discuss Scope of Project Step 2. Discuss Funding Options. ALTERNATIVES 1. Allocate $450,000 of TIF Funds and $100,000 of Park Reserve Funds for the Joe Schleper Stadium Project and bid the project as one complete package. 2. Allocate $450,000 of TIF Funds and $100,000 of Park Reserve Funds for the Joe Schleper Stadium Project and bid the project with bid alternates for the canopy, storage area under the grandstand and landscaping. 3. Allocate $380,000 of TIF Funds for the Joe Schleper Stadium project and reduce the scope of the project to not exceed $380,000. 4. Allocate $200,000 of Park Reserve Funds for the Joe Schleper Stadium project and reduce the scope of the project to not exceed $200,000. 5. Table this item and request further information from staff. L 6. Do nothing. RECOMMENDATION 1. At its January 25, 1999 meeting, the Parks and Recreation Advisory Board recommended Alternative# 1. 2. If the City Council approves funding for this project, the Parks and Recreation Advisory Board recommended that it direct staff to prepare and solicit Request For Proposals for architectural and design services for the stadium improvements. Staff prefers Alternative#2, because it allows Council to choose the scope of the project based on the bid. ACTION REQUESTED 1. If the City Council concurs withe Parks and Recreation Advisory Board's recommendation, it should, by motion, move to allocate $450,000 of T1F Funds and $100,000 of Park Reserve Funds for the Joe Schleper Stadium Improvement Project and bid the project as one complete package. 2. If funding is approved, Council should, by motion, move to direct staff to prepare and seek Request For Proposals for architectural and design services for the Joe Schleper Baseball Stadium Improvement Project. 674/-- - ((ll .Mark McQuillan Parks and Recreation Director COUNCIL DIRECTED STAFF TO PREPARE RFP FOR ARCHITECTURAL SERVICES TO PREPARE SPECIFICATIONS AND BIDS FOR THE PROJECT. FUNDING AND SCOPE OF THE PROJECT WILL BE DETERMINED WHEN COUNCIL KNOWS TOTAL COSTS. THE PROJECT IS BE BID WITH ALTERNATES FOR THE CANOPY, STORAGE AREA AND LANDSCAPING. • 2/2/99 A 4 /cAZ riv-To rA1AT od.-) CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Tax Increment Pool DATE: May 3 , 1999 Introduction This is an update on the current situation for the funds available in the older tax increment districts . Background Attached is a revised forecast of available TIF monies from the older pooled TIF districts . Two things have happened that impact the availability of TIF monies to used for projects and debt . Council decided to use $300, 000 of TIF money for the referendum projects and the revenue stream has decreased due to lower tax capacity rates on the commercial/industrial properties . The TIF forecast shows insufficient funds to pay for both the proposed park projects and pay off the Chaska Interceptor. The 1998 results in the General Fund are an increase in fund balance of $191, 246 which is $1, 560, 231 ahead of budget . The budget included transfers out for debt service levies and a transfer to the Building Fund. The unreserved and undesignated fund balance in the General Fund is $3, 455, 447 which is 46% of the next years budget . Council ' s target range is 25 to 35% which leaves $1, 562, 000 to $808, 000 above the target range . Council should discuss the priorities and timing for expending TIF monies and the alternative means of funding the projects that are the lower TIF priorities. At this point with the legislature still in session, My recommendation is to: 1 . Spend the TIF money as soon as available on the Chaska Interceptor debt . 2 . Get the Tahpah stadium project under contract before July 1, 1999 and in the contract cite TIF as the funding source for $380, 000 in project costs . July 1, 1999 may be a cut off date for being able to use TIF money for this project . 3 . Designate an alternate funding source for the referendum park projects to replace TIF funds with General Fund or Sewer Fund monies . There would not be time to be able to get projects under contract by July 1, 1999 in order to use TIF money if the proposed legislation is adopted. Also attached is a schedule showing the current status of the Building Fund. My recollection is that last fall, council talked about using the Building Fund for the pool reconstruction project and doing the work all at one time . This was after the CIP was done and therefore, it does not show in the 1999 Budget . Gregg Voxland Finance Director I:\finance\docs\tif\memo5399 . V• UI M m I10 H > N m CO r N N •� IU m 0 a1 Ul r T C N H 0 r I N a H. ro .-1 W H O Cl O O H H o rlm;w o IE as . . 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CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Pool Improvements Date: April 29, 1999 INTRODUCTION Council is being asked to enter into an agreement with US Aquatics to provide consulting services for the design development and specifications to upgrade the filtration system at the outdoor municipal pool. Council is also being asked to appropriate funding from Building Fund for the repairs of the outdoor municipal pool. BACKGROUND During the summer of 1998, Staff asked two pool consultants to conduct an brief analysis on the quality of the municipal pool's physical structure and recirculation of water and filtration and sanitation systems. The two firms involved were Virg Luken& Associates and US Aquatics. From each company's report, Luken& Associates estimated the total cost of improvements to be about $182,300. US Aquatics estimated the repairs to be more in the range of$880,000. Last Fall, the City Council expressed an interest in having the entire project done at once rather than phasing it over two to three years. Council also identified the Building Fund as the funding source for the project and directed staff to come back with a recommendation which consultant to hire. CONSULTANT I recently met with Richard Stoks of Olympics Pools to review the proposals made by both firms. Mr. Stoks indicated the proposal submitted by US Aquatics was the most realistic of the two. He felt that Luken and Associates may be underestimating some construction costs and many of his figures rely on the City's maintenance department to do much of the work. Mr. Stoks stated he has done work with both firms and stated US Aquatics had more experience and expertise working on large pool projects. He stated US Aquatics is a full service consulting firm with qualified engineers on staff. Virg Luken works primarily alone but does contract with various engineering firms for assistance. Mr. Luken also represents a pool product line. US Aquatics does not. Based on my discussions with Mr. Stoks and interviews with the representatives from both firms, I am recommending the City hire US Aquatics for this project. PROJECT COSTS AND FUNDING OPTION I US Aquatics estimates the entire pool project to cost $880,000. The cost for engineering and consulting services is 71/2 % of the estimated construction costs. Please refer to Attachment I for detail explanation of services. OPTION H Staff requested that US Aquatics also prioritize the necessary repairs into phases should Council change its mind and have the project done over a period of two to three years. Refer to Attachment II. Phase I would consist of repairing the perimeter piping and inlets, the gravity sand filter box and piping and the chlorinating system. The estimated cost for Phase I is about $160,000. The consulting fee for Phase I of the project is 9% of the estimated construction costs or $14,400 plus, 1% or $1,600 for reimbursable expenses (printing, mileage& postage). CONSULTING SERVICES INCLUDE A. Design Development Phase B. Construction Document Phase C. Bidding Phase D. Contract Administration. BUDGET IMPACT The Building Fund currently has $2.5 million. The 1999 City Operating Budget does not include funding for this project. Therefore, if council proceeds with all, or part, of this project, a budget amendment will be in order. ALTERNATIVES 1. Hire US Aquatics for consulting and engineering services for the Shakopee Municipal Pool. 2. Hire Virg Luken& Associates for consulting and engineering services for the Shakopee Municipal Pool. 3. Allocate up to $880,000.00 for improvements to Shakopee Municipal Pool. 4. Allocate up to $180,000,00 for Phase I of improvements to Shakopee Municipal Pool. 5. Do not pursue this project in 1999. 6. Table for further information from staff. RECOMMENDATION At its March 22, 1999 meeting, the Parks and Recreation Advisory Board recommended hiring US Aquatics to provide consulting and engineering services for the outdoor municipal pool and to pursue the entire project. ACTION REQUESTED Discuss the scope of the project and the funding of it at the Tuesday, May 4, 1999 City Council Meeting and provide direction to staff. Tom Schaffer from US Aquatics will be at the meeting to answer any questions you may have about the improvements. POSSIBLE MOTION Move to direct the appropiate City officials to excute an agreement with US Aquatics for consulting and engineering services for Shakopee Municipal Pool Improvements at the rate of % of estimated construction costs with funding to be allocated from the City's Building Fund not to exceed $ C)riktid 144 Mark J. cQuillan Parks and Recreation Director A 17 amh tikievrf Jam, t. JSJc U ATICS 2355 POLARIS LANE NORTH #110 MIMI II PLYMOUTH, MN 55447 PHONE: (612) 745-9016 FAX: (612) 745-9243 March 22, 1999 Mark McQuillan, Director Shakopee Parks and Recreation 129 S. Holmes St. Shakopee, MN 55379 Proposal for Services Pursuant to your request of March 19, 1999, we are pleased to have the opportunity to submit this proposal for Consulting and Engineering services at Shakopee Outdoor Aquatic Center, Shakopee, Minnesota. We propose to provide all consulting and engineering services related to the Outdoor Aquatic Center for 7 1/2% of estimated construction costs of the project as submitted in our August 1998 Shakopee pool facility assessment. We are basing this fee structure on an estimated project at $880,000.00. Our proposed fee is plus reimbursable expenses per the attached"1999 Schedule of Fees and Charges". Also, for budgeting purposes, our proposal is based on the renovated aquatic center being constructed at the existing swimming pool site and incorporating part or all of the existing pool, no work on existing bathhouse or mechanical house is scheduled. The reimbursable expenses are usually for travel and reproduction expenses, unless directed by Owner to perform additional Consulting and/or Engineering. Also, soils exploration work, if required, and utility work with related engineering would be provided by Owner as well as additional parking, road work or upgrades or renovation of bathhouse or mechanical house. If Owner desires, USAquatics to perform engineering for above, this would be an example of additional Consulting or Engineering as directed by Owner. USAquatics will be the lead consultant and engineering entity on this project Our August 1998 assessment did not address any civil (site, utility and parking)work, nor bathhouse or mechanical house work so engineering for such is not included in our proposal, but as mentioned above, could be added to our work if directed by Owner and added to the budget to do so. Shakopee Outdoor Aquatic Center,3/22/99 AQUATIC CONSULTING ENGINEERS USAQUATICS INC, Page Two Please understand that USAquatics is a Consulting Engineering firm only, and does not build pools, nor does USAquatics represent any products or vendors. This means we don't"close spec" any products, vendors or pool builders. We believe strongly in the competitive bid process, reviewing bids to assure the owner that the lowest competent and qualifies contractor and equipment vendors are used. The competitive bid process rather than"design build" or "design negotiated" often saves the owner more money than the owner pays in engineering and consulting services. USAquatics is a member of the consulting Engineers Council of Minnesota, associate members of League of Minnesota Cities, and members of the Minnesota Recreation and Park Association. This proposal is broken down into four phases and is set up to do each phase separately as approved to proceed by Owner. Our proposal fee of 7 1/2% of a$880,000.00 budget estimate will be for Phase 1 work. At the end of each phase a revised budget estimate will be submitted for approval and each subsequent phase will be based upon the approved budget estimate. Phases are defined by program and broken down as follows: Phase 1: Design Development Phase; 25%of 7 1/2% Aquatic program definition, scope of project definition, budget estimate, conceptual drawings, all for council approval Phase 2: Construction Document Phase; 50% of 7 1/2% Prepare plans and specifications for construction documents, front end of specifications to be provided to Owner. Phase 3: Bidding Phase; 5% of 7 1/2% Advertise for bids and solicit bids on behalf of Owners. Phase 4: Contract Administration; 20% of 7 1/2% Periodic construction observation to assure project is built to requirements set in bid documents. All phases above are plus reimbursable expenses per our"1999 Schedule of Fees and Charges". Thank you for the opportunity to present this proposal to you. We are excited about the project and are looking forward to working with you, the Park Board and City of Shakopee. Respectfully submitted, Thomas R. Schaffer /1/.� fa Shakopee Ourdoor Aquatic Center I_J S QUATI C S INC. EQUAL OPPORTUNITY EMPLOYER � 1999 SCHEDULE OF FEES AND CHARGES PERSONNEL CHARGES All time required in the performance of the Scope of Work will be charged at the Unit Price Hourly Rates as stated below: Labor Classification Hourly Rate Administrative $49 Drafter/CADD Operator 68 Project Inspector 80 Technician 72 Consulting Professional 98 Charges for contract personnel under USAquatics supervision and using USAquatics facilities will be made according to the hourly rate corresponding to their classification. OTHER PROJECT CHARGES Subcontracts and Equipment Rental The cost of services subcontracted by USAquatics to others will be charged at cost plus 15%. Other Project Non-Salary Expenses Other costs incurred by USAquatics, which are directly identifiable to the project will be charged at cost plus 15%. Communications The cost of communications will be charged at a flat rate of 3% of total gross labor charges. Document Reproduction In-house reproduction of copies will be charged at the following rates: black and white 8-1/2 x 11 $.15/page 11 x 14 $.17/page 11 x 17 $.20/page color 8-1/2 x 11 $2.00/page 11 x 14 $3.00/page 11 x 17 $3.50/page Vehicles and Mileage The mileage charge for personal vehicles used on project assignments will be $0.40 per mile. USAquatic owned vehicles used on project assignments will be charged at the following rental and mileage rates without markup: Hourly Daily Weekly Rate Monthly Rate Rate/Mile $5.00 $40.00 $175.00 $700.00 $0.40 Plan Review Fees The fees for plan review and approval by state, local or internal jurisdictions will be forwarded to the project owner for the exact amount as stipulated by the governing rules, regulations or policies. PAYMENT AND INTEREST CHARGES USAquatics shall submit progress invoices to Client showing the services performed during the invoice period and the charges for those services. Within thirty (30) days after receipt of an invoice, Client shall pay the full amount of the invoice; however, if Client objects to all or any portion of any invoice, Client shall so notify USAquatics of their concerns and shall pay that portion of the invoice not in dispute. The parties shall immediately make every effort to settle the disputed portion of the invoice. Client shall pay an additional charge of one and one-half percent(1-1/2%)per month for any payment made more than thirty (30) days after receipt of the invoice. The additional charge shall not apply to any disputed portion of any invoice resolved in favor of the Client. USAQUATICS INC. Proposal Acceptance and Notice to Proceed This Proposal Acceptance and Notice to Proceed pertains to the following Phase: Phase 1: Design Development Phase; 25% of 7 1/2%of$880,000.00 Aquatic program definition, scope of project definition, budget estimate, conceptual drawings. Proposal Acceptance: Signature Signature Title Title Date Date Shakopee Ourdoor Aquatic Center * /4 +/f-ch ev(f JI /-% Q U AT iCS 2355 POLARIS LANE NORTH #110 PLYMOUTH, MN 55447 PHONE: (612) 745-9016 FAX: (612) 745-9243 April 12, 1999 Mark McQuillan, Director Shakopee Parks and Recreation 129 S. Holmes Street Shakopee, MN 55379 Re: Sand bottom swim pond Pursuant to your request and our inspection of Thursday, April 8, 1999, we have the following: Attached is a copy of Section 4, Page 8 of our August 8, 1998 Facility Assessment. Please note that we have chosen those items we recommend as immediate needs. These immediate needs subtotal $156,500.00 and we suggest a$3,500.00 contingency for a total immediate need of $160,000.00. We estimate this would take eight(8) weeks to complete. Also, please understand that our March 22, 1999 "Proposal for Services"was based on a $880,000.00 project. A $160,000.00 project would require our fees to be 9% of estimated costs plus reimbursable expenses. After your review, please advise us if you would like us to proceed with these services. Respectfully submitted, 9":77.4.7,44.64- ' " Thomas R. Schaffer AQUATIC CONSULTING ENGINEERS SECTION 4 COST ESTIMATES New Gutter $60,000.00 (200 ft.of gutter,piping,drop slide supply) Surge tank $ 50,000.00 New Inlet Piping (Around entire pool) Flow Rate(g.p.m.)/Turnover(hrs): 3000 gpm/6 hr. $60,000.00 (10 in.to 6 in. on back '/2) 2250 gpm/8 hr. $50,000.00 (8 in.to 6 in.on back Y2) 1500 gpm/12 hr. $40,000.00 (8 in.to 4 in. on back V2) New Inlets Flow Rate(g.p.m.)/Turnover(hrs): 3000 gpm/6 hr. $ 12,000.00 (92 inlets,9 ft o.c. @ 25 g.p.m.ea.) 2250 gpm/8 hr. $ 10,000.00 (69 inlets, 12 ft o.c. @ 25 g.p.m. ea.) 1 1500 gpm/22 hr. $ 8,000.00 (56 inlets, 15 ft o.c. @ 25 g.p.m..) New Bottom Drains $30,000.00 New Diving Well(inside existing shell) $100,000.00 New Diving Well (demo existing shell) $160,000.00 IN Items that are immediate needs $156,500.00. Balance Repair Existing Filter I $50,000.00 of work could be deferred for (Filter, pumps,strainers, valves&piping) two years. Convert filter to vacuum sand $60,000.00 (Filter,pumps,strainers, valves&piping) Flow Rate(g.p.m.)/Turnover(hrs): 1500 g.p.m./12 hr. New Pressure Filtration/Pump Equipment (Filter,pumps,strainers, valves&piping) Flow Rate(g.p.m.)/Turnover(hrs): 3000 gpm/6 hr. $ 180,000.00 2250 gpm/8 hr. $ 150,000.00 1500 gpm/12 hr. $ 120,000.00 New chemical controller I $ 6,000.00 Water level controller $ 2,500.00 Install a Pool Heater $ 30,000.00 AIC Cr1A4,44 t Flume Water Slide Repair $ 15,000.00 Demo work and replacement of disturbed areas $ 40,000.00 Replace existing sand on pool bottom $250,000.00 Concrete pool bottom Cost prohibitive-would require update of entire facility-we will estimate cost if desired SHAKOPEE POOL ASSESSMENT Page 8 SHAKOPEE POOLa- 0.. Shakopee, Minnesota ri . r , 4., ,,. Ai__ • .,. .., r. . ----71 4.#,A;;-:,...w4.,--i i - - -, ;:f t t • r r la • 7 r1A.1: .I I> IP. r, ' . r. _ I, ) 1. `.M • 'Flip I t ,-, , 0....., .., 7 ,, . ., 4. .. ., ,T - • ,,,.., 4 A . ... ' ii , ,,,„get . . .,,., .:. „4" i . 7:."1.•'' ..; ..4 ' • 'i: 4 .4 ' ..,.. • �f ' r, Nr ' •x 'i ti •'' �•��.'. ` ...tib: :J J _ ��•.,�+. ��� � ,��"'�;i�.'.. I op,,,,,. �, ,, ,y ch. usA _,... Re etent# Q U AT I C S cbt-1111110F, ill .if.tirII 111 11 111 II `•`f., ry r'M. AQUATIC FACILITY AMERICAN SOCIETY OF OPERATOR CERTIFIED MECHANICAL ENGINEERS 1 2355 Polaris Lane North, Ste 110,Plymouth,MN 55447 PHONE: (612) 745-9016 FAX: (612) 745-9243IA ..r ` .....e www.usaquaticsinc.com usaquaticsinc.com : info@usaquaticsinc.com 111 PROFESSIONAL POOL August, 1998 AMERICAN CONSULTING OPERATORS OF AMERICA ENGINEERS COUNCIL M I I SHAKOPEE OUTDOOR AQUATIC CENTER I FACILITY ANALYSES . TABLE OF CONTENTS IPAGE Section 1 EXECUTIVE SUMMARY 2 • I - Facility description and history - Statement of Understanding - Study Approach 1 - Scope of Study - Summary I - Project Scope Section 2 ANALYSES OF EXISTING CONDITIONS 3 I - Areas of Concern Section 3 IMPROVEMENT OPTIONS 5 I - Improvement options for each area of concern Section 4 COST ESTIMATES 8 I - Cost estimates for improvement options Appendix A POOL SURVEY FORM 9 I Appendix B DRAWINGS /ILLUSTRATIONS 15 I I I I IUSAquatics, Inc. 2355 Polaris Lane North, Ste 110 Plymouth, MN 55447 a (612)745-9016 fax (612)745-9243 E-Mail: info@usaquaticsinc.com 111 www.usaquaticsinc.com I SECTION 1 EXECUTIVE SUMMARY FACILITY DESCRIPTION AND HISTORY The existing facility is a 1.2 acre sand bottom pool with a concrete diving well and plunge area. Several renovations have been done through the years, keeping the facility running, but not necessarily running more efficiently or with any less maintenance requirements. The pool is in Ineed of major renovation. STATEMENT OF UNDERSTANDING 111 It is our understanding that the City of Shakopee needs to rehabilitate the existing pool facility and that the city needs alternative solutions with budget estimates. The goal is to analyze the existing facility, give a break-down of existing conditions, state problem areas, and propose possible scenarios which would reduce maintenance time and costs and repair/replace antiquated equipment. STUDY APPROACH The study approach primarily consisted of a physical assessment of the existing swimming pool, decks, and pool equipment. SCOPE OF STUDY The scope of this study covers the following areas of the facility: - Swimming pool structure, recirculation, filtration and sanitation equipment - Equipment room - Play features SUMMARY The Outdoor Swimming Pool Facility in the city of Shakopee is an attractive and very unique facility. The location is ideal and can continue to be very easily exploited by the city as a big attraction for city residence and the surrounding community. As a means to that end several things must be done to the facility not only to continue to attract patrons to the facility, but to keep the facility open at all. The swimming pool recirculation system is in need of replacement to ease maintenance requirements, reduce costs, and keep the facility operating. Also, the flume slide is in need of repair or resurfacing. PROJECT SCOPE The project may be divided into phases in accordance with priorities set by the city. It is important to phase the work in a logical sequence so that facility use can be maximized and costs minimized. Doing a project in phases requires good master planning so that items such as underground piping, the power supply, waste requirements, etc., can be incorporated in the first phase of the project when installation costs are least expensive. The city can prioritize items to be placed in as many phases as desired remembering that master planning is essential. I SHAKOPEE POOL ASSESSMENT Page 2 I SECTION 2 ANALYSES OF EXISTING CONDITIONS AREAS OF CONCERN USAquatics, Inc., has determined that the following major areas of concern exist at the Shakopee swimming pool facility. This is a general summary of the overall condition at the pool facility. Also, a Pool Survey has been attached in Appendix A. The major concerns are as follows: 1) Theb utter along the diving well is uneven and very small compared to the perimeter and capacity of the pool. 2) The valve to the pumps is generally closed because the system was designed without a surge tank, thus allowing the pumps to get air into their suction piping rather than water. A Msurge /balance tank is required to allow the system to go from gravity feed at the gutters to positive suction for the pumps. 3) The perimeter piping and inlets are in need of replacement. The piping is a mix of PVC and cast iron and the inlets do not have nozzles on them. There arc currently 57 inlets. If the flow rate is increased, additional inlets would need to be added. The inlets are fed by gravity and therefore the inlets furthest from the filter do not function. 4) The inlets in the diving well are connected to an exposed pipe in the diving well. This is an entrapment hazard for patrons and a potential location for the build-up of debris. 5) The gravity flow to the inlets and the piping layout do not balance the flow through all the inlets so that the majority of the filtered and disinfected water enters the south end of the pool. This is also where the only outlets are to the filter equipment. Therefore the pool recirculation system is short circuiting the majority of the pool and only cleaning the diving well and deeper portion of the pool. 6) The concrete in the diving well and flume plunge area is in need of replacement. 7) The gravity sand filter in need of replacement/ major remodeling and is inefficient and ineffective for a pool of this size. 8) The recirculation pumps are in need of replacement. The original 10 HP pump works better than the pump installed in 1992, but neither would be able to support a higher flow rate or a pressure sand filtration system. 9) The pumps do not have flooded suction. With a flooded suction pump, priming is not an issue and more efficient 1800 rpm pumps can be used. 10) Valving would need to be replaced with the piping. 11) There is no heater present. SHAKOPEE POOL ASSESSMENT Page 3 I ANALYSES OF EXISTING CONDITIONS - CONTINUED 12) The cast Iron strainer must be replaced with the pumps. A non-metallic strainer is recommended. 13) The turnover rate for the pool is 800 gallons per minute (g.p.m.) giving the pool one ' turnover every 22.5 hours. Pool codes require turnovers of 1 hour for plunge pools, 2 hours for water depths less than 3 feet and 6 hours for the remainder of the pool. 14) There is no water level controller so that make-up water must be controlled manually. 15) There is no backflow prevention method present for the potable water supply. ' 16) There is not an automatic chemical controllerp resent. Chemical controllers reduce I maintenance and operation costs and reduce the ups and downs in pool chemistry associated with manual operation of chemical feeders. 17) There is no pH control present. pH is a very important factor when considering the corrosiveness of the water and the effectiveness of the chlorine present in the water. I 18) The flume water slide surface is chipping off due to the breakdown of the gel coat from years of use and exposure to the elements. 19) The drop slide water source is a hose running across the deck. This should be replaced with a buried supply line. 20) The sand pool bottom was not cleaned when the new liner was installed several years ago. Debris including the old liner appear occasionally. 1 I I I I I SHAKOPEE POOL ASSESSMENT Page 4 I SECTION 3 IMPROVEMENT OPTIONS IMPROVEMENT OPTIONS INSTALL A STAINLESS STEEL GUTTER SYSTEM (where existing gutter is) This will create skimming action for the pool and reduce cleaning requirements. This would also create a level skimming surface unlike the existing system. INSTALL A SURGE TANK I A surge tank allows the water displaced by bathers to be temporarily stored allowing the gutter to continue skimming the water surface as designed. The surge tank also acts as a transition point for going from gravity flow to positive suction for the pumps. ' REPLACE EXISTING PIPING WITH PVC I New piping eliminates any remaining steel pipe, broken PVC and potential leaks. Proper sizing of the piping will also help create a more uniform flow of filtered water to the entire pool. REPLACE EXISTING INLETS New inlets would better circulate the filtered and disinfected water into the pool and 1 eliminate the entrapment hazard in the diving well. The number of inlets will be dictated by the new flow rate. INSTALL NEW BOTTOM DRAINS This will help remove debris from the pool bottom and reduce cleaning requirements. I INSTALL NEW CONCRETE DIVING WELL The new structure would be designed to eliminate water loss issues and would create an in wall suction chamber for the flume slide including a dry pump pit. ' REPAIR EXISTING FILTER Repiping the existing filter and replacing the sand is an option, but limits control of the ' flow to the inlets, is inefficient and requires more maintenance than a pressure sand system. INSTALL HIGH-RATE PRESSURE SAND FILTER This would reduce maintenance costs and create a more uniform distribution of water in the pool due to the higher operating pressures. All related valving would be replaced. This system would be more efficient and more effective than the current system. INSTALL A NEW VACUUM SAND FILTER This system would be more efficient and more effective than the current system, but a little more difficult to operate than a pressure sand system. SHAKOPEE POOL ASSESSMENT Page 5 I 111 IMPROVEMENT OPTIONS - CONT. INSTALL GAUGES, FLOW METERS, AND RELATED MEASURING DEVICES Proper installation of gauges, flow meters, etc., allows easier, more efficient operation of the recirculation system and lengthens the life of equipment. The cost would be part of the recirculation equipment renovation. 111 REPLACE RECIRCULATION PUMPS A properly specified premium efficient pump will reduce operating costs and maintain required flow rates and operating pressures. The pumps would be designed for flooded suction. I INSTALL A HAIR AND LINT STRAINER A strainer will protect the recirculation equipment and ease removal of large debris. The cost would be part of the pump equipment renovation. INSTALL A POOL I IEATER A pool heater will allow the pool water to be regulated at the desired temperature creating happier clientele and lengthening the swim season if desired. INSTALL A WATER LEVEL CONTROLLER A water level controller will help maintain the skimming action of the pool and eliminate the need for maintenance personnel manually adjusting the water level. The cost would be part of the recirculation equipment renovation. INSTALL A MEANS OF BACKFLOW PREVENTION The potable water supply must be protected against contamination from the pool. INSTALL AN AUTOMATED CHEMICAL CONTROLLER A Strantrol System IV chemical controller is PC compatible, very reliable, and optimizes chemical use and controls pool water chemistry eliminating the peaks and valleys associated with many other controllers. INSTALLp H CONTROL pH is a very important factor when considering the corrosiveness of the water and the effectiveness of the chlorine present in the water. REPAIR FLUME WATER SLIDE The flume water slide is a big attraction to draw patrons. Without features such as the flume slide patronage will drop. BUILD A SEPARATE PLUNGE POOL A separate plunge pool will allow better control of patrons and the water chemistry associated with the slide. 111 SHAKOPEE POOL ASSESSMENT Page 6 IL I IMPROVEMENT OPTIONS - CONT. INSTALL A PERMANENT & HIDDEN WATER SUPPLY FOR DROP SLIDE This would eliminate potential damage from vandalism atid improve facility aesthetics. The cost would be part of the recirculation equipment renovation. REPLACE EXISTING SAND BOTTOM WITH NEW SAND OR CONCRETE Clean sand would be safer for patrons. A new concrete bottom would be easier to maintain, but would require the entire facility to comply with the State Pool Code. VI U U II U U II N N i I p U SHAKOPEE POOL ASSESSMENT Page 7 It 1 SECTION 4 COST ESTIMATES New Gutter $60.000.00 (200 ft. of gutter, piping,drop slide supply) lSurge tank $ 50,000.00 I New Inlet Piping (Around entire pool) Flow Rate(g.p.m.)/Turnover(hrs): 3000 gpm/6 hr. $60,000.00 (10 in. to 6 in. on back ''/2) I 2250 gpm/8 hr. $ 50,000.00 - (8 in. to 6 in. on back 1/2) 1500 gpm/12 hr. $40,000.00 (8 in. to 4 in. on back '/:) New Inlets I Flow Rate(g.p.m.)/Turnover(hrs): 3000 gpm/6 hr. $ 12,000.00 (92 inlets,9 ft o.c. @ 25 g.p.m. ea.) 2250 gpm/8 hr. $ 10,000.00 - (69 inlets, 12 ft o.c. a 25 g.p.m. ea.) 1 1500 gpm/22 hr. $ 8,000.00 (56 inlets, 15 ft o.c. a,25 g.p.m..) New Bottom Drains $ 30,000.00 I New Diving Well(inside existing shell) $100,000.00 New Diving Well (demo existing shell) $160,000.00 IRepair Existing Filter $ 50,000.00 — (Filter, pumps, strainers, valves& piping) IConvert filter to vacuum sand $60,000.00 (Filter,pumps,strainers, valves&piping) IFlow Rate(g.p.m.)/Turnover(hrs): 1500 g.p.m./12 hr. New Pressure Filtration/ Pump Equipment (Filter, pumps, strainers, valves&piping) IFlow Rate(g.p.m.)/Turnover(hrs): 3000 gpm/6 hr. $ 180,000.00 2250 gpm/8 hr. $ 150,000.00 1 1500 gpm/12 hr. $ 120,000.00 New chemical controller $ 6,000.00 IWater level controller $ 2,500.00 Install a Pool Heater $ 30,000.00 \ Flume Water Slide Repair $ 15,000.00 tDemo work and replacement of disturbed areas $ 40,000.00 Replace existing sand on pool bottom $250,000.00 I Concrete pool bottom Cost prohibitive-would require update of entire facility-we will estimate cost if desired li SHAKOPEE POOL ASSESSMENT Page 8 I 1 APPENDIX A POOL SURVEY FORM POOL SURVEY AND OPERATIONS REPORT SURVEYOR: WGD & TRS DATE: 8/19/98 _POOL NAME: Shakopee Outdoor Pool ADDRESS: OPERATOR/CONTACT: Mark McQuillen / Ron Stellmaker PHONE: (612)445-8244 FAX: (612)445-8172 11 - POOL DESIGN:SKETCII PLAN&SECTIONS WITII DIMENSIONS INDOOR U OUTDOOR CIX 1.2 acre sand/concrete bottom pool 111 12-OVERFLOW: INCLUDE NUMBER,SIZE &LOCATION OF SKIMMERS/WEIRS;NOTE WATER LEVEL. along deep end/diving well - not level -200 ft w/3" x 3" gutter 13- DRAINS: INCLUDE NUMBER,SIZE&LOCATION one bottom drain -4'x 4' 14- INLETS: INCLUDE NUMBER,SIZE&LOCATION 43 - 11/2" inlets in concrete curb-most missing adjustable flow nozzle 14 inlets in 6" pipe at base of diving well (57 inlets @ 14 g.p.m. /inlet) 15- POOL SHELL& FINISH: sand/unfinished concrete Water Depths: shallow end: 1 ft ,transition water depth: --- ; [ ] Accent(width: ") Diving well depths;@wall: 10 ft @end of board: 12 ft , ci)drain: 12'-6" 16- IN POOL SAFETY EQUIPMENT: ROPES,HOOKS,STANCIIION ANCIIORS,Erc. Rope& floats present 11 17-ACCESS INTO POOL: [ 1Stairs(ht x tread_): [ 1 Accent Stripes(width:_"): [ 1 Handrails(#: , ) it [ ]Zero-Depth Entry with Gutter [X] Ladder: type: Hung [ ] ADA accessible: type: I SHAKOPEE POOL ASSESSMENT Page 9 SECTION 2-- FILTRATION 21 - FILTER SYSTEM: INCLUDE SIZE,l'YI'E,QUANTITY,MANUFACTURER,&MODEL gravity sand-two 8'x 16'x 7';256 SF. total Piping shot 22-GAUGES: INCLUDE SIZE,TYPE,QUANTITY,MANUFACTURER,MODEL&READINGS 1 - 23- BACKWASH PROCEDURES: INCLUDE FREQUENCY,GAUGE READINGS&OUTLET 1000 g.p.m. [ ] to grade [X] to sanitary [ ] to storm [ ] air gap [ ] air gap needed 24- FILTER AIDS: (ALUM,ETC.) . ................................................................................................................................... ..w.... . ....... SECTION 3 -- RECIRCULATION 31 - PUMP: INCLUDE SIZE,TYPE,QUANTITY,MANUFACTURER U RER&MODEl. 10 l IP Jacuzzi/ 15 IIP Sta-Rite 32 - PIPING: INCLUDE SIZES&'TYP'ES Cast-Iron, PVC-all in need of replacement I 33-VALVES: INCLUDE SIZES&'IYI'ES to be replaced 34- HEATER: INCLUDE SIZE,'I'YPE,QUANTITY,EFFICIENCY,MANUFACTURER&MODEL [ ] Thermometer(#: ; full flow? ) 35-SURGE CAPACITY: INCLUDE TYPE&SIZE None I 36-STRAINER: INCLUDE SIZE,TYPE,QUANTITY,MANUFACTURER&MODEL cast iron 37-TURNOVER: INCLUDE ACTUAL TURNOVER TIME&COMMENT Actual: 800 G.P.M. Required: G.P.M. 22.5 hours [ ]Flowmeter: type ,Manufacturer: , Model: 38-WATER SUPPLY TO POOL: [ ] Water Level Controller/Auto Fill [ ] RPZ/Watts 9D [X] Backflow Prevention Needed SHAKOPEE POOL ASSESSMENT Page 10 [X] WLC Needed [ Air Gap • . . ........ . SECTION 4--SANITATION 41 -CONTROLLERS: INCLUDE AUTOMATED OR OTHER SYSTEM USED LI Needed 42-SANITIZERS: INCLUDE MERIN)OF INTRODUCTION TYPES,QUANTITIES&SUPPLIERS gas ni43- 1)11 CONTROL: INCLUDE ME]]IOD OF INTRODUCHON,TYPES&CONTROL TYPE none 44- POOL WATER CONDITION: INCLUDE CLARITY,SCENTS,IJC. a 45-TYPICAL SANITATION PROCEDURES: II SECTION 5-- OPERATION 51 -TESTING PROCEDURES: INCLUDE PROCEDURES,TEST TYPE& FREQUENCY I 53-TRAINING CONDITIONS: INCLUDE NEW I IIRE PROCEDURES&EXISTING QUALIFICATIONS 111 11 54- DOCUMENTATION PROCEDURES: INCLUDE TEST RESULTS,MAINTENANCE LOGS,ETC. 111. 55-STANDARD OPERATIONAL PROCEDURES: INCLUDE TESTS,MAINTENANCE,&SCHEDULES It 56- UP-KEEP PROCEDURES: INCLUDE VACUUMING,BRUSHING,DECKS,ETC. I 57-CHEMICALS ON SITE: INCLUDE TYPES,BRANDS,LOCATION OF EACH&PROXIMITY TO OTIIERS It I SHAKOPEE POOL ASSESSMENT Page 11 IL SECTION 6-- ENVIRONMENTAL 61 -AIR HANDLING EQUIPMENT OR OUTDOOR FACTORS: EQUIPMENT ROOM,BATIIIIOUSE,ETC 62-TYPICAL BATHER LOAD: INCLUDE AGE,'IYPE OF USE,SCHEDULED EVENTS,ETC. 1200 to 1500 per day 63- MAKEUP& SOURCE WATER: City potable-bad I 64- AIR TEMP. RANGE& WEATHER CONDITIONS: U 65- FENCING/PERIMETER: INCLUDE SIZE,MEShI,DOORS,(inns.I:Tc. 11 Chain link 66- ANY NOTED FEATURES: INCLUDE COVERS,SURROUNDING ENVIRONMENT, 1111 SECTION 7--SUPPORT FACILITIES 71 -PATRON CONTROL/SUPPORT: ADMISSION AREA, LIFEGUARD STATION.OFFICE,FIRST AID,1,TC. U 72- RESTROOM/LOCKER ROOM: FIXTURE COUNTS,LOCKERS,FAMILY CI IANGING,ITC. M W/C W UNI Urin. Lay Shower 73-CONCESSIONS: SIZE,LOCATION,LAYOUT,SEATING,ETC. [ ] drinking fountain , [ ] vending machines 74- MISC.: STORAGE,ETC. N SHAKOPEE POOL ASSESSMENT Page 12 SECTION 8-- DECK& AMENITIES 1111 81 - DECKS: SPACE.PATRON FLOW,GRASS,ETC. .11 82- PLAY FEATURES: SLIDES,FOUNTAINS,DRY SANT)PLAY,VOLLEII3AL1-,Fru. Flume slide- gel coat gone- ideas? 111Dropslide water supply is hose across deck-replace WI underground connection [X]Div. Board(height: 1 m ), [ ] volleyball , [ ] basketball, [X]drop slide(drop height: >12" ), [X] flume slide(#: 1) [ ] Spray features(type: ), [ ] kiddie slide(type: ), [ ] water walk (type: 83-SI IADE: 'TYPE OF STRUCTURE,NUMBER,LOCATION,ETC. Canopy 84-ON-DECK SAFETY FEATURES: LIFEGUARD CI(AIRS,DEI'TII MARKERS.NO DIVING,SAFETY EQUIPMENT,ETC. Wood chairs-working well Depth Markers: Ends, Sides, Transition, II Size: , letter size: location needed: "NO DIVING": [ ] Universal tile, [ ] 4" letters : location needed: 1111 Equipment: ft Required: 11 Chairs Required: steep. crook: ring buoy wI rope: , rescue tube: back board:_ , ft present: Fixed, Portable SECTION 9-- FACILITY 91 - LOCATION: GROUNDWATER,NOISE,ETC. 11/ 92- PARKING: BUS,CAR,SURFACE,ADEQUATE,DROP-OFF,ETC. a 93-ACCESSIBILITY: PARKING,BATHHOUSE,POOLS,ETC. 1111 94- UTILITIES:ELECTRICAL,GAS,WATER,SEWER I 95-ADDITIONAL NOTES: SHAKOPEE POOL ASSESSMENT Page 13 It 1 I POOL STATISTICS I SWIMMING ISURFACE AREA: POOL SI IALLOW WATER(<5 FT) (IN SQ. FT.) 47,685 SHALLOW WATER(Flume Slide) (IN SQ. FT.) 2,325 IDEEP WATER(>5 FT) (IN SQ. FT.) 1,750 TOTAL 51,760 ISURGE CAPACITY: REQUIRED (IN GAL.) --- SUPPLIED (IN GAL.) None I PERIMETER: Sand Area (IN FEET) 484 I Flume Area (IN FEET) 190 Diving Area (IN FEET) 170 TOTAL 844 I POOL CAPACITY: SI(ALLOW WATER(<5 FT) (IN GAL.) 884,000 PLUNGE AREA (IN GAL.) 52,000 IDEEP WATER(> 5 FT) (IN GAL.) 144,500 "IOTAL 1,080,500 I RATE OF FLOW: ACTUAL RATE OF FLOW (IN G.P.M.) 800 I BATHER LOAD: SHALLOW WATER (per pool code) 3324 DEEP WATER (per pool code) 66 ITOTAL 3370 (obviously high) I Note: all data supplied by owner- significant digits used for pool volume by engineer I I 1 ISHAKOPEE POOL ASSESSMENT Page 14 I y APPENDIX B DRAWINGS / ILLUSTRATIONS 1 111 .., ., . . . - .„... --- • . -,. - .1.1. + _ -lit . 111 __. . .... „,„.....____,- ..... , .., .,__ __,......„,,..„..... 4 b•••.,:...: ' 11 2 ;'r `R * 's".y '..--,f-.1.0,---,,.5R ..yin ' • t i „fie� ,,. ,,1 Ird I . „„.„.., •-,.:... ° s . -.-. ..„.,- _ .. . . _ . . • . . Y -rte �i _..or 'j' / . _.... ..... . w 11 4..„ ,.„ . ,...,,,„s „,, 4! I ' ':"'-' 'ir.‘f,”'74.,t '* .." • -• . : '''''', P'• 7 ii:. -_ II . ...., , ir I .,,, -. NI . � � r •fin.,'_ ii , •-•-:4; '„,""-:,,,i'..''-:,,),"- - - -,1.-' `-;',-..;:. : — - '. ':.411.71:-.,..„,,,,,-,- •:` a-"*"--,--.;:-'''.!-i.:.:,.:..-- ra — sem Y . .. r _== ____ .__es 1 a , . .. . --. '- III .... J .. .. ,... .__- ..,47,.',4' ' , r 111 SHAKOPEE POOL ASSESSMENT Page 15 II I USAQUATICS INC '..-. .4 , ..„ ... . •. • - 1.•..: ....• , " • 1,3..- '-..7.• ' - 1' • i AI i; •t 0 _ _ I - • ... , _ __ .... I .• . - --- 3, -,-;- I . ....74,,. 7--4-7.....---.,-— . ,.. -...„ ._ _ ..... ., , . .,.. r . , . . • ,. . . ,:-...,0,1:,k.._`It, . . r ....__......-.'-, I .• . I — " •AV . -. "...i; I ,.-. • . . .,..! ita 4 . 3' - :, i . , ,. . • ., 1 ....... ,...... rk • s • I, LI -• _ _ .._ . .. _ .. .,,,., -,:, I '• - 4.)...., ..,. __....-._. =..:.....•.,..y,'",-.1-,-.. . . . .., .. _ . ., .... . . . I .... „ .. .. . .::414e.,. 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I �r ^= Y { �. is - • I 4/ 400000100:—.0 .-..- 4.... 1 E I` , ,b a L• I ' } 1 • ±i _ 1'I � _� I - I �' I iiia 1 i .. :--,...-sto_.5.,:-.--- .. ...„ ,•,; ,.„....,-..„:„-1.•,.„,_.._,.....•.:_ •4 ry `' -•1 — -<,.. r ''*t`' 'ip r ys d, , . isft. 3 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council CONSENT, Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Minnesota Recreation and Park Association's Parks and Recreation "Your best Investment" Program Date: March 9, 1999 INTRODUCTION Staff is requesting Council's approval to participate in the Minnesota and Recreation and Park Association's state-wide program called Parks and Recreation"Your best Investment." BACKGROUND The purpose the program is to bring greater public awareness of the benefits of recreation and parks. By investing into local park and recreation programs, the community encourages healthy life-styles, increases property values, develops community pride and spirit and protects the environment. The Parks and Recreation Advisory Board and staff are members of the Minnesota Recreation and Parks Association and there is no cost to participate. Promotional materials such as posters, logos, public service announcements and a video are provided free of charge to each community. Funding for these materials was made possible through a grant from the Minnesota Recreation and Parks Foundation . A ten minute video tape called Parks and Recreation"Your Best Investment" will be played during a Council break. It begins with a short introduction by Minnesota Vikings Coach Dennis Green followed by a ten minute pictorial narration by WCCO-TV Anchorman Don Shelby. RECOMMENDATION Participate in the Minnesota Recreation and Park Association's"Parks and Recreation Your Best Investment" Program. ACTION REQUESTED Move to participate in the Minnesota Recreation and Par ssociation' - P. . and Recreation"Your Best Investment" Progra Mark J. McQuillan Parks and Recreation Director • \ S & Recre Qp,4„ie . 7/ `I, 4ck 440-* * r =F r "Your Best Investment " 1s t3,1. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared Andrews, Planner I SUBJECT: Appeal of Board of Adjustment and Appeals Decision APPLICANT: Speedway Super America LLC. DATE: May 4, 1999 INTRODUCTION At its March 18, 1999 meeting, the Board of Adjustment and Appeals approved a Conditional Use Permit(CUP) for a gas station and car wash to be located at the northeast corner of County Road 83 and 12th Avenue. A copy of the March 18, 1999, staff report to the Board of Adjustments and Appeals is attached for the Council's reference as well as the adopted resolution. The applicant has requested to appeal conditions#1 and#3 to be able to add an additional access/exit onto 12th Avenue. Originally the condition was added due to its proximity to other intersections. Since this was approved, the applicant has done an engineering study and has worked with staff engineers to design an access that will accommodate the traffic concerns. Since the access design is not yet formally approved by the City Engineer, the applicant would like to change the conditions to read as follows: 1. Accesses onto 12th Avenue shall be subject to the approval of the City Engineer. 3. Project shall conform to the plans received February 19th, 1999, except that the westerly most direct access onto 12th Avenue be eliminated, and berming and landscaping be continued in its place,unless otherwise approved by the City Engineer. ACTION REQUESTED Discuss the Appeal, and make a motion to either deny the Appeal or approve the Appeal, and direct staff to draft a resolution consistent with that determination. ared Andrews Planner I SA i TA N A Yah'do flirt,�' t y A �Y�.�i�.�+'+� dr CITY OF SHAKOPEE Memorandum TO: Board of Adjustments and Appeals FROM: Jared D. Andrews,Planner I SUBJECT: Conditional Use Permit for a gas station and car wash CURRENT REVIEW PERIOD: February 19, 1999 -April 20, 1999 MEETING DATE: March 18, 1999 ITEM NO.: 6. Site Information: Applicant: Super America Site Location: Northeast corner of Canterbury Road and 12th Avenue. Current Zoning: Highway Business (B-1) Adjacent Zoning: North: Highway Business(B-1) South: Highway Business(B-1) East: Heavy Industry(1-2) West: Major Recreational(MR)(Canterbury Downs) Comp.Plan: Commercial Attachments: Exhibit A,Location Map Exhibit B,Letter of Intent Exhibit C, Site Plans Introduction: Super America has applied for a conditional use permit to construct a gas station and car wash. The proposed facility would operate 24 hours and would have two to three employees on site. The project includes a 3540 square foot building, three dispenser islands, a canopy, and car wash. Wood screening is proposed around the dumpsters. Considerations: Staff has reviewed the application to meet the City zoning ordinance standards. The application, as presented, meets the City's minimum zoning, parking, landscaping, and screening requirements. A separate application for sign permit is required for the signs on the property. Staff has added a condition requiring a fully enclosed refuse container similar to previous applications. The Engineering Department has commented that no direct access would be allowed onto 12th Ave from the westerly most location shown on the site plan. Only the easterly location would be allowed. The County Engineering Department has commented that drainage calculations will be required for storm water connection to County Road 83. Proposed Findings: Staff proposes the following findings: Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted,nor substantially diminish and impair property values within the immediate vicinity; Finding#1 Staff has received no evidence that the proposed conditional use will be injurious to the use and the enjoyment of other property in the immediate vicinity for the purposes which are already permitted, nor would it substantially diminish or impair property values in the area. Criteria#2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2 Staff has received no evidence that the use would impede the orderly development and improvement of the surrounding property for uses predominant in the area. Criteria#3 Adequate utilities,access roads,drainage,and other necessary facilities have been or will be provided; Finding#3 Adequate utilities, access roads, drainage and parking will be provided to serve the site. Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 Staff finds the overall use of the property is consistent with the purposes the B-1 zone with the attached conditions. Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 The area is designated for Commercial use in the Comprehensive Plan. Alternatives: I. The Board may approve the conditional use permit as recommended by Staff. II. The Board may approve the conditional use permit with revised conditions. III. The Board may deny the request with revised findings. IV. The Board may continue the public hearing for additional information. V. The Board may table the request for additional information. ''''','"rt nq 'W ^ ,1 Recommendation: Staff recommends Alternative L, approving the conditional use with conditions as follows: 1. No direct access is allowed onto 12th Ave, except at the far east location as shown on the plans provided. 2. Car wash shall utilize a water conservation or recovery system. 3. Project shall conform to the plans received February 19th, 1999, except that the westerly most direct access onto 12th Ave be eliminated, and berming and landscaping be continued in its place. 4. A sign permit shall be obtained for applicable signs. 5. Appropriate permits must be obtained before working within the public right-of-way. 6. Drainage calculations must be approved by Scott County for storm water connection to CSAH 83. 7. Refuse containers must be fully enclosed including a top. Action Requested: Offer a motion to approve Resolution#PC99-40 as presented. ed D. Andrews Planner I ii11iS ` 4 V D tj Z/ 'HH 111 -1 XI 7:1 Z ed� • •RD d N W 73.,PAR � �• � �/ _ 10 Ali M I _u K m DISC D DR. .._.1. \%s:i - D x DCO. RD. ....,- . ,� INDUST, aco \k CO rill ro D 0 . _ Ni ,..„.... 0 IIM tub ',/ T 0 *t Tul A 17,5 - 47 m cPO A N › .- - .�i 1 1 O — -- --n{1__ _ _......,. �D— — C 11/ c 5 a s N 3 = r C7 O = 3 3 0 C i- 73 > L CO j. p Q -1 Q Q t5 j • C a a Q f c uO (D fr- O Q a • < O `G T O N F 1 C N j a - C - < 0 5. a N (13 5 a c co 3 a X � m c rnZ O 0 c uci c� Fri p O to w N a . C V Q (A .« Q p O N 4 (, ^. fD r+ 7 o w N `n w 'ARK a y N 3 t 7 (D .� Q I a. 7 Q 0 0 e J _ _ Exhibit B ATTACHMENT TO THE APPLICATION OF SPEEDWAY SUPERAMERICA LLC FOR A CONDITIONAL USE PERMIT FOR A CONVENIENCE STORE AND SELF SERVICE CAR WASH LOCATED AT 12TH AVENUE AND COUNTY ROAD 83 Speedway SuperAmerica proposes to construct a new SuperAmerica store on a vacant parcel located in the northeast quadrant of the intersection of County Road 83 and 12th Avenue. The store will be similar to the SuperAmerica approved by the City and now in operation in the Crossroads Center at Vierling Drive and Marschall Rd. The proposed store will have a brick exterior, hip roof, attached self service car wash, and three pump islands serving 12 vehicles beneath a canopy. This site, 81,003 sf, is approximately 24,000 sf larger than the Crossroads site. SuperAmerica will be the sole use on this site. The store will have at least two associates on site whenever it is open and will have three whenever the store manager is present. The store is proposed to operate 24 hours each day. Designated parking is provided across the front of store, 11 spaces including the handicap accessible space, in front of the trash container, 2 spaces, and at pumps, 12 spaces, which are the most used spaces on the site. This parking arrangement and number of spaces has proven adequate in our experience at other similar SuperAmerica stores, and is serving the Crossroads Center store well. The construction and operation of SuperAmerica stores located in similar commercial and industrial districts in Scott County and throughout the Metro area have not been injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted, nor have they diminished or impaired property values in the vicinity. The SuperAmerica will support and provide services to employees and visitors to the present and future industrial and commercial uses in the area. Adequate utilities and other necessary facilities are provided at this site. We ask your approval of the proposed SuperAmerica at this site as consistent with the purposes of this zone and in conformance with the plan for this district. 2/18199 _ .4.• - .. . 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I '''"v.• I --.—__.-.--.—_---- .1:'•'-i7dp...„..„ of' 1211.AVENUE -._ -------------------------------------_,------_. -_____ ATTA• CHMEN • !b RESOLUTION NO.PC99 40 • A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING A CONDITIONAL USE PERMIT FOR A GAS STATION AND CAR WASH LOCATED IN THE HIGHWAY BUSINESS(B-i)ZONE WHEREAS,Dan Billmark,Applicant,and Valley Green Business Park Limited Partnership owner,have filed an application dated received February 19, 1999,for a Conditional Use Permit under the provisions of Chapter 11,Land Use Regulation(Zoning),of the Shakopee City Code, Section 11.36, Subd.3,for a gas station and car wash;and WHEREAS,this parcel is presently zoned Highway Business Zone(B-1);and WHEREAS,the property upon which the request is being made is legally described as; That part of Lot 2,Block 1, Canterbury Park Third Addition, in Scott County,Minnesota lying westerly of the southerly extension of the east line of Lot 1,Block 1, Ccmterbra y Park Third Addition; Except that part shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70-10 on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota; being registered land currently covered by Certificate of Title No. 27857. WHEREAS,notice was provided and on March 18, 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: The Board of Adjustment and Appeals adopts the following findings of fact: Finding#1 The Board has not received or heard any evidence that the proposed use would be injurious to the uses and the enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Finding#2 The conditional use will not impede the normal and orderly development and improvement of property in the area. Finding#3 Adequate utilities, access roads and drainage are provided at the site. Finding#4 The use of the subject property is consistent with the purposes of the Highway Business(B-1)Zone. Finding#5 The use is not in conflict with the Comprehensive Plan. The 1995 Comprehensive Plan designates this area for commercial uses. • Y • ^^a ' t RESOLUTION NO.PC 99-40 Page 2 of 2 BE IT FURTHER RESOLVED: • That the application for Conditional Use Permit No. PC-99-40 is hereby GRANTED, subject to the following conditions: 1. No direct access is allowed onto 12th Ave, except at the far east location as shown on the plans provided. 2. Car wash shall utilize a water conservation or recovery system. 3. Project shall conform to the plans received February 19th, 1999, except that the westerly most direct access onto 12th Ave be eliminated, and berming and landscaping be continued in its place. 4. A sign permit shall be obtained for applicable signs. 5. Appropriate permits must be obtained before working within the public right-of-way. 6. Drainage calculations must be approved by Scott County for storm water connection to CSAH 83. 7. Refuse containers must be fully enclosed including a top. 8. Landscaping be added on the south west corner of of the site to abate headlight wash. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 18th day of March, 1999. Chair of the Board of Adjustment and Appeals ATTEST: o o Community Development Director . ,. /.. opS,* Of Itien4W4"‘ o. o di 1... I!, I 4 ' a I ! _.... as %....• . 2 U.1 Li. :k147f . i • •,.... •... \., ''• '.;. ',. , ; ''' ' i •“? '' iiti '.. % st ".-. .,k 'a i w:j 4, vszst 4 x ...* ,...: 1....,„ - g.t1 !, -, gw -9 t IL 4 t • g 7 i- kt V.1," •4:j •1 NI1 %/1 f, lk. V LU i 43 5- g.,5 lw •y 1-1 . w3 I- gv •ty. ..... CD 014- 4 .-J w ur g. -. w- v 4: -- v vs !,4 v. — z..—. 6 R) ,i! „.%. NI- i'z. ! !! 1 ..t. 1 1 ; I 1‘,,; 1 ii g •Ii. 17: 4;!: Ei D- 3' ii 4 f ' ' ' = . 8: :5 C) , ;1 .,1; ‘4,,,,,.. ......13 a Vi : 11 1 w ca --- Vi 1 '4.' .. 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Michael Leek, Community Development Director SUBJECT: Appeal of Conditional Use Permit to allow a Retail Facility MEETING DATE: April 8, 1999 REVIEW PERIOD: February 5, 1999-June 5, 1999 INTRODUCTION & DISCUSSION: On April 8, 1999 the Board of Adjustments and Appeals reviewed and granted a CUP for the proposed Kmart site. The applicant has appealed in order to seek clarification of the language of several of the conditions. Accompanying this memorandum are the BOAA report and resolution as approved, and the proposed revisions as submitted by the applicant. City Staff and the City Attorney have reviewed the proposed revisions, and believe that they provide clarity for the applicants while at the same time preserving the intent of the Board's conditions of approval. ALTERNATIVES: 1. Approve the appeal of Continental 89 Fund LLC, and approve Resolution No. 5132 as presented. 2. Approve the appeal of Continental 89 Fund LLC, and approve Resolution No. 5132 with revisions. 3. Uphold the decision of the Board of Adjustments and Appeals, and do not adopt Resolution No. 5132 RECOMMENDATION: Staff recommends Alternative No. 1, approval of the appeal of Continental 89 Fund LLC, and approval of Resolution No. 5132 as presented. ACTION REQUESTED: Offer a motion to approve Resolution No. 5132, and move its adoption. R. Michael Leek Community Development Director RESOLUTION NO.5132 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING APPROVING AN APPEAL BY CONTINENTAL 89 FUND AND GRANTING A CONDITIONAL USE PERMIT WITH REVISED CONDITIONS FOR A RETAIL FACILITY IN THE HIGHWAY BUSINESS(B1)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,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;and WHEREAS,the applicant has appealed the decision of the Board in order to seek clarification of several of the conditions of approval imposed by the Board;and WHEREAS,the City Council reviewed the appeal on May 4, 1999;and WHEREAS,the requested revisions are consistent with the intent of the Boards approval. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF 173E CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the appeal of Continental 89 Fund LLC appeal is approved, and the application for Conditional Use Permit is hereby GRANTED, and is subject to the following, revised 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, as shown on the site plan received April 2, 1999. 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 has been provided by the applicant. 5. The applicant shall provide a combination of berming, planting or fencing along Vierling Drive to prevent headlight wash in the direction of Vierling Drive, as shown on the site plan received April 2, 1999. 6. Mechanical components on the top of the structure shall be fully screened by molded sheet panels placed around the mechanical components and painted the same color as the sides of the building, or by other screening approved by the Zoning Administrator or other appropriate City staff. 7. Trash containers will be stored in fully enclosed areas, including the top. 8. Adequate lighting consisting of two"standard" city street light poles, otherwise acceptable to the staff and City Engineer, will be provided on Vierling Drive at the entrance to the site. 9. 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. 10. 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. This condition is not intended to restrict signage along Highway 169 or County Road 17. 11. There shall be a vehicular 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. 12. The store manager will inform the drivers of all delivery trucks to access Vierling Drive via County Road 17 rather than County Road 16, and will post readily visible signage to this effect at the truck dock area. 13. The applicant shall revise the site plan to provide a total of 537 parking spaces, as shown on the site plan received April 8, 1999. 14. The developer shall construct a sidewalk connection on site to provide pedestrian access to the structure, as shown on the site plan received April 2, 1999. 15. 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. 16. Loading and delivery areas shall be fully screened from view of residentially zoned property with landscaping plans, as shown on the site plan received April 2, 1999. 17.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. 18. The City shall receive written documentation from Minnegasco stating it has received, reviewed, and approved the site plan for the property. 19. All delivery of stock or removal of garbage shall be restricted to between the hours of 6 a.m. and 10 p.m. 20.No outside trailers of any size, type, or style are to be used for storage, except that(i)no trailer may be parked outside the loading bays on the site for more than 72 hours, and (ii) location of trailers on the site shall be permitted for storage of construction materials, fixtures and inventory necessary for and associated with alterations to and refixturing of the store. Adopted in regular session by the City Council of the City of Shakopee,Minnesota this day of May, 1999. Mayor ATTEST: City Clerk CERTIFICATION OF RESOLUTION NO. 5132 I,Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. 5132, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 4th day of May, 1999, as shown by minutes of the meeting in my possession. Dated this day of , 19 Judith S. Cox, City Clerk SEAL CITY OF SHAKOPEE Memorandum TO: Board of Adjustment and Appeals FROM: Julie Klima, Planner II SUBJECT: Conditional Use Permit to allow a Retail Facility MEETING DATE: April 8, 1999 REVIEW PERIOD: February 5, 1999-June 5, 1999 Site Information Applicant: Continental 89 Fund LLC(Continental Properties,Inc.) Property Owner: Render/Banks Limited Partnership Location: Southeast corner of Vierling Drive and County Road 17 Current Zoning: Highway Business(B 1) Adjacent Zoning: North: Highway Business(B1) South: Highway 169 Bypass West: County Road 17 East: Medium Density Residential(R2) 1995 Comp Plan: Commercial MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Site Plans Exhibit C: Resolution No. PC-777 INTRODUCTION & DISCUSSION Continental 89 Fund LLC has submitted an application for a conditional use permit (CUP) to allow vehicle service or repair. The subject site is located at the southeast corner of County Road 17 and Vierling Drive. Please see the attached exhibits for site location and proposed site design. In response to the Board's request, please find attached a copy of Resolution No. PC-777. This resolution addresses the approval of the Crossroads Center CUP. The public hearing for this item was opened on March 4, 1999. The public hearing was then continued to March 18 and then to April 8. This additional time was provided in order for revised site plans to be prepared, submitted and reviewed. Based on these revisions, staff has the following comments to provide. This request is being made as part of a proposed Kmart store. The B1 zone, in which this property is located, allows retail use (such as a Kmart facility) as a permitted use and does not require review by the Board of Adjustment and Appeals (BOAA). However, at the time of application, it was the intent of the applicant to include an auto service center as part of the retail facility. The auto service center would have required an approved CUP, thereby requiring review by the BOAA and a public hearing. The applicant has informed the City that it will not be constructing an automotive repair center as a part of the proposed Kmart store. However, due to concerns raised by the neighborhood and City, they have agreed to have the site reviewed as a conditional use and be bound by the conditions which will be imposed as part of that review. Based on the site plans received by the City on April 1, 1999 and April 2, 1999, staff proposes that the following conditions be imposed as part of the CUP: 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. The applicant shall provide a combination of berming, planting or fencing along Vierling Drive to prevent headlight wash in the direction of Vierling Drive. 6. Mechanical components on the top of the structure shall be fully screened. 7. Trash containers will be stored in fully enclosed areas, including the top. 8. Adequate lighting, acceptable to the staff and City Engineer, will be provided on Vierling Drive at the entrance to the site. 9. 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. 10. 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. 11. 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. 12. Delivery trucks shall be routed to Vierling Drive via County Road 17, rather than County Road 16. 13. 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. 14. The developer shall construct a sidewalk connection on site to provide pedestrian access to the structure. 15. 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. 16. Loading and delivery areas shall be fully screened from view of residentially zoned property. 17.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. 18. The City shall receive written documentation from Minnegasco stating it has received, reviewed, and approved the site plan for the property. FINDINGS The criteria required for the granting of conditional use permits (per City Code Section 11.85, Subd. 1) are listed below with proposed findings, for Board consideration. Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted,nor substantially diminish and impair property values within the immediate vicinity; Finding#1 The proposed conditional use, subject to the proposed conditions,will not be injurious to the use and the enjoyment of other property in the immediate vicinity for the purposes which are already permitted, nor would it substantially diminish or impair property values in the area provided attached conditions are met. Criteria#2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2 That the use, subject to the proposed conditions,would not impede the orderly development and improvement of the surrounding property for uses predominant in the area. Criteria#3 Adequate utilities,access roads,drainage,and other necessary facilities have been or will be provided; Finding#3 Adequate utilities, access roads, drainage and parking either exist or will be provided as part of the development of the site to serve the property. Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 The overall use of the property is consistent with the purposes the Highway Business Zone provided attached conditions are met. Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 The use is consistent with the Comprehensive Plan. ALTERNATIVES 1. The Board may approve the conditional use permit as recommended by staff. 2. The Board may approve the conditional use permit with revised conditions. 3. The Board may deny the request with revised findings. 4. The Board may continue the public hearing for additional information. 5. The Board may table the request for additional information. RECOMMENDATION Staff recommends Alternative No. 1, approval of the conditional use permit, subject to the above listed conditions. ACTION REQUESTED Offer a motion to approve Resolution No. 99-26, and move its adoption. Julie Klima Planner II is\commdev\boaa-pc\1999\0408\cupkmart.doc RESOLUTION NO.PC 99-26 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING A CONDITIONAL USE PERMIT FOR A RETAIL FACILITY IN THE HIGHWAY BUSINESS(B1)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(B1); 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. The applicant shall provide a combination of berming, planting or fencing along Vierling Drive to prevent headlight wash in the direction of Vierling Drive. 6. Mechanical components on the top of the structure shall be fully screened. 7. Trash containers will be stored in fully enclosed areas, including the top. 8. Adequate lighting, acceptable to the staff and City Engineer, will be provided on Vierling Drive at the entrance to the site. 9. 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. 10. 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. 11. 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. 12. Delivery trucks shall be routed to Vierling Drive via County Road 17, rather than County Road 16. 13. 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. 14. The developer shall construct a sidewalk connection on site to provide pedestrian access to the structure. 15. 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. 16. Loading and delivery areas shall be fully screened from view of residentially zoned property with landscaping plans, as presented. 17. 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. 18. The City shall receive written documentation from Minnegasco stating it has received, reviewed, and approved the site plan for the property. 19. All delivery of stock or removal of garbage shall be restricted to between the hours of 6 a.m. and 10 p.m. 20. 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 day of April, 1999. Chair of the Board of Adjustment and Appeals ATTEST: Community Development Director CERTIFICATION OF RESOLUTION NO. PC 99-26 I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. PC 99-26, presented to and adopted by the Board of Adjustment 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 of the meeting in my possession. Dated this day of , 19 Judith S. Cox, City Clerk SEAL li •a ....mmaffic •i , . .... .:.77; ' i.: I) •c tev v C d mv - Y V N � y r y ' I N 2 _ O u i - m 2. T N y G .O 0 :. O 'uN S y C ` y co N W N N iN7 •m :t>;-i-„ a oy7 H 7 V C OO 8' __` / ` Nrr . l' mm vcc (rV v c > y -- ___ • c — rr v Li _ oL2o o > o oOO V O ON a ao) .`. .c p N a Q i j , V7 O'•- 0 o ` V c OJ N Q' 00 •- N Q• 0 O o pO 13 < Cr Do2 2 = oc� � _ o :caC > N U o = a ixii &. L- ccm mmg == M 1 i Zis • .I le P i iiiiil It:(41'4- g I- 1 �,. -v., tr14,9 D■ iiiik) i411‘O° �t o�eI I ���ey,ft �i �: cityF? Ott ffi d tw . ., A g ma_ i 4 lliiip.i g LOCI 31: _ gins 7t72.--1.s#4 4 tthm ►fir• 1E a 0 - t:1� 0 F7Ednr+ �� or401p ��aiROM ©lCFiaciiisc� _` a C11u110 CIO r7 v4i /4121:101,14 1111; I •a *A-11111-H °"1 ♦Iaii!i a *.• tolino ��� *ME ; !' !i ' lI• CHUM l•r2 nu �� � • aFN SIC wow, - -In - , � ' �Y. ii 000 . 7 .fite .. . • - i. - %It, 91 CN1 IiIhii�lit F.41 l'r , m 111\1 W HUH!:!-F u mini .cP,T#4111 .. t.,.. ,.. .,-- 0 i,\.\ , S 7 !ii ::: !!! _ming . . rii ?1,k, G e;,, . , 11,_, e111���L - I6C.����10„ft�� a��� ,:ot,,..3_,. 0*,�i�eo - - :mop �� Oaltcr.n. e,,r. ,44„„,ci .... -!Qr NC --�+� ort Ohler hire, ,.4," PIMP �� EI�'�h 4►�Pir 4 O. �II�E y. oIII.i2 .00: ::1:*,aoi e% , �po�sl�iu■t�1t� I- tico L11111H way' a' .!! aoa oadh, 0 •hula r o -Mt 11 s ..W...o- 444iiir: 1:11111 S` mime 2 0 v=_ 1:�r� :o-/• FROM (TUE) 04. 27' 99 16: 11/ST, 16:06/NO. 3562468086 P 3/7 REVISED CONDITIONS 2. Shall maintain a landscaped buffer 100 feet wide from any residential zone, as shown on the site plan received April 2, 1999. uctrtrture,parking areas,etc.) and shall comply All on site lighting shall be directed on site(toward the scAlighting plan complying with this requirement 1 with the lighting requirements of the City has been provided by the applicant. 5. The application shall provide a combination of berming,planting or fencing along Vierling Drive to prevent headlight wash in the direction of Vierling Drive,as shown on the site plan received April 2, 1999. screenedmolded sheet panels p structure be fully 6. Mecby hanical components on the top of the orients and painted the same y co laced around the mechanical ea approved by City Staff• color of the sides of the building, or by other screening 8. Adequate lighting consisting of two "standard" city ty street eeon V gertipoles, at otherwise acceptable to the staff and City Engineer, will be p rovtrance to the site at the intersections with Ramsey and Miller Streets. the en Signage located along Vierling Drive shall be limitetothe a size and height requirements of the City Free 10. Code in effect at the time of sign permit type design,constructed of face brick, stone, standing signage shall be of a monument one free standing sign deco painted block or other similar materials. Only ,� Therefore,sa shall be al block,wedp VierlingDrive for both"Parcels A and B. shall be allowed fronting two or more of the ultimate users on be utilized to identify site eior free standing signmabe used to identify one user. One common monument is u n'ent site located a alongging may entire property. Vierling Drive will be allowed` for the County Road 17. dition signa along Highway is not intended to restrict signed 0 1outh9)fromfVerling Drive There shall be a vehicular access point directly south.of Swift Circle 11 received March(center access point hastsn show n site plans which shall be a rig trucks to access 12. The store manager will inform the drivers oad f Il 6,l and will post a sign to ivery Vierling Drive via County Road 17 rather than County this effect at the truck dock area. a total of 537 parking 13. The application shall revise the site plan to provide spaces, as shown on the site plan received Aprils, 1999. rovide 14. The developer shall construct a sidewalk len received April 2, 999• pedestrian access to the structure, as shown on theP FROM (TUE) 04. 27' 99 16: 11/ST. 16:06/NO. 3562468086 P 4/7 D areas shall be fully screened from view of e 16. Loading and delivery ri12, 1999. r , residentially zoned property, as shown on the site plan received April No outside trailers of any size,type,or style are to be used for storage, 20. permitted where exc this co that(1)location n of the same trailer on the site for up to a shall be pall not violate materials,fixtures and inventory during alterations and this condition, and(ii) location of trailers on the site for story necessary to store construction refbcturing of the store. 65930_I NV1Md 3dd3SaNHI111114111 \ I - NOOWV �'I' a ,wm lwmnaw l'arar, aaIrvc \ wkerano ,aw TMw NW '33dO)IVHSt- 98£6 .L V 1)I I �o=ens- 3„s5,sz �s/sc oos — illi' ctit of ;IL.,'":;;; a Z rot, I; illielli i �� at ozo I 11 #�I ¢ d II f� i NIIfr�J �. 0 o ;)".\,..., a � , II/i 01 I � 0 ! { 1 1 a � I �lis �th fill Ii � ilihI 1111 Iil t k , . y 1 I 1 3 ,)�Ii;��1 /{I i� p tr�� 2 �� s p+ , in ;” i ! i'ilfluIilii!!11 � 1•• ' Ii ,�y7N y r: e ,.e r. ! a„4 ' t'! .4 �fft rr ,.fir v 1 la,l {{ it �� '$ l 1:{,1I II 11111 1I w • in .I1l .1{ •;5• C,:.r .� 40.411k • y 1 Ii! iitI1iliui i w i :r i (0 ;;} ;� Z 1 1 •I1111 — � � ca `� to co S • Oa I IIlap co z Ei-11 42 •till ,. `ter _ Q I I 1 111 ! *40 l' i':; S 401 *kik 00 U j ...1:- Ifiej mat, 3,1f,10 f9/ff OON 0 N.* 1 r to W J N o ■ m W ; • 1,j) IUL11 ( L.........1 •Lç : I ! 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A 4... ikw ow A A i "Fr , tql I I! _,;: iig ripPr.., 74 ,..im. 1 /I .II I I 1;.ii'1 . $' 1 _. !.illli, ,op g raRk. rim. 10111 1 ,, ..r r.:,-,-, ' _ WffiP --;) g Ag 11. ---�_ - -E-mir" Ric �I� �, 888 NI r : b1ra "" ii jil ra I I I ■ tor- Ibsl i •. )30I i I I I�I. 10 Ia j � $ / � W � F I o MO 2 0 1 I Ill L; : i iP!1'I '( Iir i 1I r I O � 3 c�i ' cZ3 I li 1.t1 iMin I. -c-c7,:, I o o M /r't I ..��.ii►`.__`moi��1 _ a D �klimliiimatalikairliaiaiirldissididajIMYLiiWl..rliYl� ldl�it_ s_I— N I 1 6p 16~ �S► JSe Jde ---- ---Y — f J ------ ------1 i _ -�- . --�,�----------------------- L L '0N .H.d.S*0 ----- ---- did 6661 L5 :9V :VI 10 udy nal 6Mp•jtln981i\9811\s6utMeup\ :p For the table q RESOLUTION NO.5132 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING APPROVING AN APPEAL BY CONTINENTAL 89 FUND AND GRANTING A CONDITIONAL USE PERMIT WITH REVISED CONDITIONS FOR A RETAIL FACILITY IN THE HIGHWAY BUSINESS(B1)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,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;and WHEREAS,the applicant has appealed the decision of the Board in order to seek clarification of several of the conditions of approval imposed by the Board;and WHEREAS,the City Council reviewed the appeal on May 4, 1999;and WHEREAS,the requested revisions are consistent with the intent of the Boards approval. NOW'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That the appeal of Continental 89 Fund LLC appeal is approved,and the application for Conditional Use Permit is hereby GRANTED,and is subject to the following,revised 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,as shown on the site plan received April 2, 1999. 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 has been provided by the applicant. 5. The applicant shall provide a combination of berming,planting or fencing along Vierling Drive to prevent headlight wash in the direction of Vierling Drive,as shown on the site plan received April 2, 1999. 6. Mechanical components on the top of the structure shall be fully screened by molded sheet panels placed around the mechanical components and painted the same color as the sides of the building,or by other screening approved by the Zoning Administrator or other appropriate City staff. 7. Trash containers will be stored in fully enclosed areas,including the top. 8. Adequate lighting consisting of two"standard"city street light poles,otherwise acceptable to the staff and City Engineer,will be provided on Vierling Drive at the entrance to the site. For the table 9. 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. 10. 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 on Vierling Drive will be allowed for the entire property. This condition is not intended to restrict signage along Highway 169 or County Road 17. 11. There shall be a vehicular access point directly south of Swift Circle(center access point as shown on site plans received March 10, 1999)from Vierling Drive,which shall be a right in only. 12. The store manager will inform the drivers of all delivery trucks to access Vierling Drive via County Road 17 rather than County Road 16,and will post readily visible signage to this effect at the truck dock area. 13. The applicant shall revise the site plan to provide a total of 537 parking spaces,as shown on the site plan received April 8, 1999. 14. The developer shall construct a sidewalk connection on site to provide pedestrian access to the structure,as shown on the site plan received April 2, 1999. 15. 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. 16. Loading and delivery areas shall be fully screened from view of residentially zoned property with landscaping plans,as shown on the site plan received April 2, 1999. 17. 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. 18. The City shall receive written documentation from Minnegasco stating it has received, reviewed,and approved the site plan for the property. 19. All delivery of stock or removal of garbage shall be restricted to between the hours of 6 a.m. and 10 p.m. 20. No outside trailers of any size,type,or style are to be used for storage,except that(i)no trailer may be parked outside the loading bays on the site for more than 72 hours,and(ii) location of trailers on the site shall be permitted for storage of construction materials,fixtures and inventory necessary for and associated with alterations to and refixturing of the store,and iii)trailers may be parked in the loading bays for more than 72 hours. Adopted in regular session by the City Council of the City of Shakopee,Minnesota this day of May, 1999. Mayor ATTEST: City Clerk For the table CERTIFICATION OF RESOLUTION NO. 5132 I,Judith S.Cox,City Clerk for the City of Shakopee,do hereby certify that the attached is a true and correct copy of Resolution No.5132,presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 4th day of May, 1999,as shown by minutes of the meeting in my possession. Dated this day of ,19 . Judith S. Cox,City Clerk SEAL /s 13, S . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Reconsideration of Appeal by Craig Ballard of Staff Determination MEETING DATE: May 4, 1999 Introduction/Discussion: On February 10, 1999 the City received an appeal by Craig Ballard of a staff determination regarding a variance granted in 1977 to Calvary United Methodist Church for the construction of an annex. The interpretation at issue was a condition that stated; 1. No entrance on First Avenue Staff had concluded that this meant no driveway entrance from then STH 101, while Mr. Ballard contended it meant no doorways. On March 4, 1999 the Board of Adjustments and Appeals heard Mr. Ballard's appeal. The Board found in favor of Mr. Ballard, and upheld his appeal. Gary Flood, owner of the subject property then appealed the Board's decision to the City Council. On April 6, 1999 the Council heard the appeal. The Council found in favor of Mr. Flood, overturning the decision of the Board. Mr. Ballard now wishes the Council to reconsider its action of April 6th, based on additional information and statements from persons who were on the Council in 1977 when the variance at issue was granted. Because the Council took action on April 6th, before it could reconsider the matter it would first have to suspend its rules of procedure. Alternatives: 1. Offer and pass a motion to suspend Council rules of procedure to allow for reconsideration of this matter. 2. Offer and pass a motion to reconsider Council's action of April 6th regarding Mr. Flood's appeal of the Board's determination in the matter of Mr. Ballard's appeal of a staff determination. 3. Do not suspend the Council's rules of operation. Action Requested: Offer a motion or motions consistent with Council's wishes. R. Michael Leek Community Development Director s♦.,s' K i1 lr4 h d#' s •` pb: 4 iy 4 . n • vyQb' Le'A }.' Y A,t'iy""" { Y" • y 1:"."‘••••' r r. ti b F f CITY OF SHAKOPEE 'Memcla►idum TO; Mayor and City Council Mark McNeill,City Administrator FROM: Jared D. Andrews SUBJECT: Mr. Gary Flood's Appeal of BOAA's Decision regarding doorway on south side of building MEETING DATE: April 6, 1999 INTRODUCTION: Due to the request of Mr. Craig Ballard and agreement from Mr. Gary Flood,this item was rescheduled from the March 16, 1999 City Council Meeting to April 6, 1999. Staff has attached the original report for reference. 110111)P. ared D.Andrews Planner I a4� r- CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews SUBJECT: Mr. Gary Flood's Appeal of BOAA's Decision regarding doorway on south side of building • MEETING DATE: March 16, 1999 ATTACHMENTS: Attachment A: 3/8/99 Letter from Mr. Gary Flood Attachment B: Site Plan Attachment C: 3/4/98 Staff report to the BOAA INTRODUCTION: At its March 4, 1999 meeting,the Board of Adjustment and Appeals voted 3-2 on a motion to approve an Appeal by Mr. Craig Ballard not to allow a doorway on the south side of Mr. Gary Flood's building. Mr.Ballard claims that a condition of a variance granting the addition(now Mr.Flood's building) prohibited the doorway to be installed on the south side of the building. Staff had interpreted this condition to mean no driveway entrance,rather than building entrance since the condition states"No entrance on First Avenue",and limiting direct access onto highways is a common condition attached to properties abutting a highway. Staff notes that no driveway entrance exists onto First Avenue/HWY 101. Access is obtained from the side streets for that block. On March 8, 1999, staff received an Appeal application and letter from Mr. Gary Flood, co- owner, appealing the Board of Adjustment and Appeals decision to deny Mr.Flood a building permit to install a door on the south side of his building. (See Attachment A) A copy of the staff report to the Board of Adjustments and Appeals is also attached for reference (Attachment C). ACTION REQUESTED: Make a motion to either approve the Appeal request allowing a doorway on the south side of Mr.Flood's building or deny the Appeal request prohibiting a doorway on the south side of Mr.Flood's building. i�ud ir/ Jared D. Andrews Planner I ti � A ATTAOIMENT A March 8, 1999 City of Shakopee 129 Holmes Street Shakopee,Minnesota 55379 RE: Building Permit at 719 East 1st Avenue, Shakopee,Minnesota Dear City Council Members, I feel that the restriction on the variance that was granted to Calvery United Methodist Church dated 10/24/77 was certainly not intended to impede the owners of that building from placing an additional entrance into the side of that building. And even if it were,we are not asking for access onto 1st Avenue,only to the sidewalk that runs parallel to it. Furthermore,be it known that the use of this structure has dramatically changed over the years. In addition,the ownership has changed thus creating a situation that has developed a need for another entrance. We were granted a permit to construct an entrance from the City of Shakopee that was soon revoked. This revocation was due to an appeal submitted by Craig Ballard, an adjacent property owner. In reading his letter to Michael Leek, dated 2/10/99,I noticed several inaccuracies which I would like to point out as follows: Mr.Ballard is claiming that he would be hurt by our new entrance. I fail to understand how this claim could be true and in his letter there was no explanation offered as to why. Secondly,Mr.Ballard's depiction of who owns the property is also wrong. The owners of the property are Gary and Jeff Flood individually who are both residents of Shakopee. furthermore,we own the business that operates out of that property, Shakopee Auto,Inc. We regularly visit the property to check up on things. It is also untrue that it took four years to paint the building and even if that were accurate, it is irrelevant to this discussion and irresponsible for Mr.Ballard to make that claim. Thirdly,Mr. Ballard's claim that our tenant,The Wedding Station,has two rear accesses (where their parking is located) and utilize the church's 1st Avenue entrance is an .. ya a A w n a'.: '^a` ,:+ hat-: ii (T--- .: ,... "A.e fed 2wT's .: absolute lie. Mr.Ballard has refused to allow The Wedding Station customers through his church's front door,after evicting The Wedding Station from an illegal sublease that he wrote with them on my property. In addition,only one access is available in the back,not two as he claims. In reading Mr. Ballard's letter,I can find only one point I agree with and that is his statement that the building has not had a driveway entrance on 1st Avenue for twenty years and we are not here asking for one. We are here asking only to place a doorway in our building that would facilitate the handicapped,act as another fire exit and improve the appearance of our property. I hope this information will be helpful to you in reaching a decision to overturn the appeal orchestrated by a disgruntled Mr.Ballard. I will be available to answer questions at your meeting or I can be reached by phone before that date to discuss any issues that you may have. Thank you for your time and consideration. Sincerely, Gary R.Flood --- -- - .....4-1.4 x x 1 Y.r �G, t 7.--\7 tti T . I 01 • 7 r..2,1:,=::i,.., fit' 4,A ="tea' - - f I S.. t a 1 -, 0 ...t VA T •T1�-�- J= nor 'c.. t. C— ( 17 -... 7C� f �r i c,-. ( C"....,-!". .�I I •� r -- , C. • .. t Ys .` -� c i r I % ji‘fl".1.seC.- c:gr... c......\ j d � ' c 1 • £ ‘-'-`V' -C.- CZ. ' I 1 �� t -s s t .les s - I I f I 7 i 4- C•-G 4_ . V%c;...._ - I • m I r I . r- 4+'44 - a%'i Cr'.2.-11:rcrt.aa 4 a*&^v.:q .d.:-c -0,,'--,, ',' - ' r I r . - '--::,..:-.'iaATTA•ra ‘mli...T T.,..S.-+ ,te �+n 1,'i'i CITY OF SHAKOPEE Memorandum TO: Board of Adjustment and Appeals FROM: Jared Andrews, Planner I . SUBJECT: Appeal of City Staff determination MEETING DATE: March 4, 1998 Site Information: Applicant: Mr. Craig Ballard Location: 700 Block of East First Avenue Current Zoning: Highway Business(B-1)Zone Adjacent Zoning: North: Highway Business(B-1)Zone South: Highway Business(B-1)Zone East: Highway Business(B-1)Zone West: Highway Business(B-1)Zone 1995 Comp.Plan: Commercial Attachments: Exhibit A: Location Map Exhibit B: Letter of Intent Exhibit C: Variance Resolution No. CC-159 Introduction: Mr. Craig Ballard has submitted an Appeal of staff's decision approving a building permit request allowing a front door to be installed on the south side of a building located at 719 First Avenue East. This building is owned by Mr. Gary Flood, and shares a zero lot line situation with the old Calvary United Methodist Church, which Mr. Ballard owns and uses for retail. Considerations: Mr. Ballard is appealing based on a condition of a variance granted October 24, 1977 which states: "1. No entrance on First Avenue" (see Exhibit C). It has been staff's determination that this condition means no driveway entrance, since 1st Avenue East is also Highway 101 and would logically have restricted access. Mr. Ballard feels that the condition should be interpreted to mean that no doorway be permitted on the south side of the building. However, staff could think of no reason why this would be the case. The City Council Y a x„ :rlcFw.�F�4' rT S. November 9th, 1977 meeting minutes do not mention the condition to provide any insight on the er. Mr. Flood has stated to staff that he is trying to provide a more direct, handicap accessible doorway to his building. Findings: Staff finds that the proposed doorway on the south side of Mr. Flood's building does not violate any zoning code issues or approval conditions. Alternatives: 1. The Board may deny the appeal upholding staff's decision. 2. The Board may approve the appeal overturning staffs decision. Action Requested: A motion to deny or approve the Appeal request. 5i-red Andrews Planner I • • Exhibit A U 11 \.).- 1:3 AN�r _ Z 0 \ li ( N., 1 • Pss. SUe,._.c..T G� \ L oG ATI b1• as:/;::///� 1111 . ....• -•••••. •.. ,• .•. .. , ..\•••.: : .. .......,- .•-,- .-- -• . .. ,,jkiiim Of .c.... . •• 1 )11k, .. 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O 1 w,_!___,..4__ M 1 ~ ' -sv M Z_ awmrcz 1 ;Q'::•••••-• —,r • • INI• a �' SD= t ! -_•= 9 of _277 • 11 �j s -- . —4---... 3 1 maga i�. e 'ter. � 1 // Exhibit B • • February 10, 1999 Michael Leek, Community Development Director City of Shakopee 129 Holmes St. S. Shakopee,MN 55379 Subject: Variance& Permit Conflict at 705 First Avenue East(Old Church Building owned by Craig Ballard &Annex Bui'lding(owned by Flood Brother's Inc.) Dear Mike: „.;,,..„...e._Thank,you for dismissing with me the variance issues regarding the annex building at 719... __.. . .. ... First Avenue East(owned by Flood Brother's Inc.)&the church building at 705 First Avenue East(owned by me). Per your recommendation I have filed the necessary paperwork to begin the appeal process. • When we spoke you noted to me that work should not proceed until a judgment on the • appeal has been reached-I agree. However,the building department indicated that they may allow construction to proceed on the condition that it be removed if the appeal is successful. I have concerns over construction proceeding for the following reasons: • If the city allows the entrance and then tells Flood Brother's Inc. to remove it. The city may then leave itself open for legal scrutiny. The end result would once again leave me being hurt by an illegal entrance. • Flood Bros. Inc. is an off-site landlord-they have not demonstrated a great care for this building in the past. I fear that they will drag-out the city's request to remove the entrance. It took Flood Brother's Inc. 4 years to paint the building& it is still not completed. I do not believe they will be timely in removing construction. • I fear allowing the work to go forward may slightly sway the hearing. I know staff will be fair,but sometimes the slightest advantage/disadvantage can be significant. • The building has not had an entrance on First Avenue for 20 years. Holding off on construction for 2 weeks pending committee decision makes sense. The current occupants(The Wedding Station)have been tenants in this building since June 1998. They have 2 rear accesses (where their parking is located)&utilize the churches First Avenue entrance. Construction does not need to take place prior to committee's decision. It should be noted that I did speak with Jarod long before this permit was granted. At that time I voiced my concerns on what this variance meant. That conversation ended with Jarod saying that the variance really didn't matter because Scott County would not allow new entrances& driveways on First Avenue of any kind. Based on this conversation I believe I should have been notified about any permit issued to the contrary. I know staff is rt qf:r- .c" * of "'"7'f'�T_ :�t�.kk r `D7 E` Yr. •'+� '4p!' 27t" l' x%xta.tlaS.�wi y�„eAm. ^R r!tP5^y+"Y^q'.R.r f 1'1.4 ` - . 1 - very busy&oftentimes stretched to the Unlit. I do hope in the future I will be contacted pulled under 705 First Avenue East come up. Thank you. when permits being Sincerely, • _ Craig 403-1283 Exhibit C VARIANCL K_ _JLUTION No. _____0=0.9____:" 5 9 var United Methodist Church , having first WHEREAS, filed an applica on or an app ea to the City Council, dated 10-24-77 for a variance from the strict Wi�plicatioithe fromprovisions f the setback requirementsShakopee Zoning Ordinance, to a varance to permit a front. yard setback of 15 feet and a 20 foot side yard set- back on the E. and, WHEREAS, said setbacks . • • , • . • • to ali:n with the 'resent church s NOW THEREFORE, Upon hearing the advice and recommendation of the CityPlanning Commission, and upon determining that the granting of this applicant, and will not impair an variance isu necessary htrandeairitojacentproperty, or unreasonably adequatenthehppco of lig increase congestion in the public streets, or increase any public hazard nor diminish property values thelintentsupurposengorrobjectives of nor is it in any other respect contrary the Shakopee Zoning Ordinance or the Comprehensive Guide Plan; BE IT RESOLVED BY THE CITY LF THECITY OFbjF ectOPEE, MINNESOTA, That the aforementioned variancehereby , fol- lowing special conditions : 1 . No entrance on First Avenue • ,,I t%4.,. r}ii6.; special session of the City Council held -,:. Passed in s ' ,� • ' � • 19 77 ''�'�• 9th day of • November '�- `; this .•.fs ,a ; • pr , " . • . ;,-,_ r ' :1 11:7p. . ‘or/e ' -': y. Mayor of the Ci y•of.. a opee ATTEST: a • • C.. s _ • Ci Cle • • IL e '4k ..lit CONSENT CITY OF SHAKOPEE /S 6 ,V. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Building Secretary; Completion of Probationary Period MEETING DATE: May 4, 1999 Introduction: Bonnie Mauritz was hired as Building Secretary effective October 19, 1998. Thus Ms. Mauritz's probationary period ended on April 19, 1999. Ms. Mauritz has done an excellent job of stepping into a very busy and challenging position; since the same time last year residential building permits have been up about 36%. Recommendation: I recommend that the Council find that Ms. Mauritz has successfully completed the probationary period for Building Secretary, and be awarded permanent, full-time status in that position. Action Requested: Offer and approve a motion finding that Bonnie Mauritz has successfully completed the probationary period for Building Secretary, and awarding her permanent, full-time status in that position. R. Michael Leek Community Development Director PROBATIONBIdgSec.doc/RML 1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Traffic Study, Marschall Road from Vierling Drive to St. Francis Avenue MEETING DATE: May 4, 1999 Introduction: In February the Council directed the preparation of a traffic study for the area described above. A copy of that study is attached for the Council's review. A number of applications under review by the Council and PCBOAA have been continued pending the recommendations of this study. Among them is the preliminary plat of Vierling Plaza, which is on the agenda for review this evening. Staff has drafted the proposed conditions for this and the other applications with the conclusions and recommendations of the study in mind. Chuck Rickart of WSB will be present to answer questions regarding the study. Alternatives: 1. Receive the Traffic Study, and direct staff to proceed with implementation of the recommendations contained therein. 2. Receive the Traffic Study, but provide staff with other direction. Action Requested: Offer a motion consistent with the preferred alternative, and move its approval. R. Michael Leek Community Development Director CITY OF SHAKOPEE /s. 6." Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Canterbury Park Upcoming Events MEETING DATE: May 4, 1999 INTRODUCTION: The Council is asked to hear a presentation regarding upcoming events at Canterbury Park, specifically the Lilith Fair Concert that is to be scheduled for either Wednesday, August 25th or Thursday,August 26th. BACKGROUND: For a third year Canterbury Park will be the Twin Cities site for the Lilith Fair concert tour. Because of City noise standards,which become more stringent after 10:00 p.m., staff had recommended to Canterbury Park that the concert be concluded at 10 p.m. As was the case last year,the promoter of the event is requiring of Canterbury Park that the event not conclude until 11 p.m. Representatives of Canterbury Park will address the Council on this issue, and their other preparations for this event. The following background information is provided for the Council: • January 19, 1999 letter from Canterbury Park regarding 1999 event schedule • January 27, 1999 memo to Council regarding Canterbury Park events • January 27, 1999 letter to Mary Pat Monson of Canterbury Park • March 4'1999 letter from Mary Pat Monson to Mark McNeill • February 6, 1999 letter from Rose Presents to Mary Pat Monson • February 24, 1999 Shakopee Police Department Incident Listing • March 11, 1999 letter from Mark McNeil to Mary Pat Monson ACTION REQUESTED: The Council is asked to determine how to handle the request to allow an 11:00 p.m. ending time for the Lilith Fair concert. ./c R. Michael Leek Community Development Director tel / CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Canterbury Park Events DATE: January 27, 1999 We received word Tuesday that Canterbury Park has snowmobile races scheduled for this Saturday and Sunday. The racing on Saturday includes ice drags and a"LeMans"oval. On Sunday,the schedule includes a cross country element through the back field areas. The scheduled races had included only unmodified machines,but the promoter also asked to fill the Saturday schedule with about one hour of racing with modified(noisier) machines. As compared to three years ago,when they had eight hours of that type of racing(which generated many complaints), they indicate that it will last for no more than one hour(with only 30 minutes of racing time), and will be completed before 4:00 PM. Canterbury has sent a letter to the neighbors regarding the races. Track President Randy Sampson was not available this week,but I did speak with Events Coordinator Mary Pat Monson of Canterbury about this. I suggested that they consider whether the one hour of this type of racing is going to be worth the possible ill-will created with the neighbors. She said that they have now modified their plans(see attached note). Also attached is a letter from Canterbury with all of their events for this year. I'm suggesting that they end the Lilith Fair concert at 10 PM while they still have the opportunity, so as to avoid noise problems. Ilk kcOstoi Mark McNeill City Administrator MM:tw JAN 26 '99 17:38 SHAKOPEE P.2/4 • Mark, This is the information on the snowmobile racer this weekend. I did talk with the promoter again, after our discussion and told-hi i of our concerns and yours. We agreed to the following conditions: The Ice�l,with the modified sleds will be on Saturday and will run no longer than 1 hour,they will not be allowed to run after or into the 4 o'clock hour,and any sled_that does not have a silencer on it will be eliminated. Please, let me know if you have any other queStinns.or concerns. • • 1. ,ii r::r 'n: • . • .. JAN 26 '99 17:38 SHAKOPEE H.J/4 • PahkCity of Shakopee Attn: Mark McNeil 129 S Holmes Street Shakopee, MN 55379 January 19, 1999 • Dear Mark, In accordance with our PUD, Canterbury Park must file a letter with the City of Shakopee every January regarding our special events for the upcoming year. The • following list is the schedule at this time. • January • 8 - 10. The Super Computer Show: Fri. 10am-8pm, Sat. l0am-7pm, Sun. lOam=4pm •• 30 -31 The Superman Snowmol?ile Race: Saturday, and Sunday hot laps start ar9am, racing will start about 10:30am, events will conclude on Saturday about 5pm and on Sunday at 4:00pm. The 5 races consist of Ice Drags, Ice Lemans, Ice Oval, Cross Country, Snocross. 31 The Reform Party Super Bowl Bash 1999: Sun. 3pm-12 (midnight) with special guest Governor Jesse Ventura February 4- 7 The Minnesota Walleye Expo:Fri. 3pm-9pm, Sat. 10am-8pm,Sun. l0am-5pm 12 - 14 WSA Snocross World Wide Championship: Fri.4pm-lOpm, Sat. 9am-7pm, Sun. 9am-Spm 20- 22 PRIVATE DEALER SHOW-Bill Hicks Gun Show&Sale 25 -28 All Canada Show: Thurs. 5pm-9pm, Fri.3pm-9pm,Sat. 10am-8pm,Sun. 10am-4pm March 6 -7 T.C. Sport,Tackle&Boat Sale&Show: Sat. 9am-9pm, Sun. l0am-5pm .12 - 13 Polaris Consumer Show& Sled Dog Racing: Fri. 5pm-lOpm, Sat, 9am-10pm, Sunday(Sled Dog Racing only) 1 1 am-5pm 26 -28 Spring Arts & Craft Show:Fri. l l am-1 Opm, Sat. 9am-9pm, Sun. l0am-5pm CANTERBURY PARK HOLDING CORPORATION 1100 CANTERBURY ROAD P.O.Box 508 SHAKOPEE,MINNESOTA 55379 PAX 612.496.6400 TELEPHONE 612.445.7223 - JAN 26 '99 17:39 SHAKOPEE H.4/4 April 9 PRIVATE DEALER SHOW-Viking Vending 18 HAM Fest-Ham Radio Operators Show&Sale: Sun. 7am-2pm 19 Shakopee Showcase: Mon.4pm-9pm 27 Scott County Job Fair: l0am-9pm May 3 123rd Kentucky Derby"Simulcast Party": Sat. 9am-lam May 15 -August 22 Live Racing Thursdays,Fridays - 1st Post 6:30 p.m. Saturdays, Sundays&Holidays- 1st Post 1:30 p.m. Thursdays -"Corporate Night"-Ubetcha Bar&Grill Fridays -"Live Bands"-Ubetcha Bar&Grill Sundays-"Family Day"&"Senior Day" August 25 or 26 or 27 (one of these 3 days)Lilith Fair: 2pm-11pm September 10- 12 Chancellor Media Concerts: Fri. 3pm-10pm, Sat. loam-lOpm, Sun. l0am-9pm October 1 - 31 Spooky World Wednesdays- Sundays: 6pm-lOpm November 6 Breeders Cup: Sat. 9am-lam 11 - 14 Autumn Arts&Crafts Show: Thurs. &Fri. l lam-1Opm, Sat. 9am-9pm, Sun. loam-Spm November 26 -December 23 Thursdays-Sundays Holiday In Lights and Santa's Village The above events are similar in nature to the ones we have conducted in the past. If you need any additional information or if we need to make any presentation to the City Council, please advise as soon as possible. If any additional special events are booked we will provide an updated schedule. Sincerely, Mary Pat Monson Special Events Manager 612-496-6448 SHAKOPEE January 27, 1999 Mary Pat Monson Special Events Manager Canterbury Park P.O. Box 508 Shakopee, MN 55379 Dear Mary Pat: I am receipt of your fax which was received January 26th,concerning the special events for the upcoming year. As a reminder, City Code Section 10.60(Subd. 4)provides that the "L10"level for receiving residential districts drops from 65 DB during the day,to 55 DB from 10:00 PM to 7:00 AM. Similarly the"L50"level drops from 60 DB to 50 DB. In addition, Subd. 2G of the same Section makes it unlawful to operate radios,paging systems, and musical instruments in such a manner as to be plainly audible at the property line from 10:00 PM to 7:00 AM. It will be especially important to address this for the two weeknight options (Wednesday, August 25th and Thursday,August 26th). Assuming that you have not yet finaled the contract language with Lilith Fair, I would urge you to negotiate a 10:00 PM end to the concert, so as to avoid noise problems. Sincerely, Litutu Mark McNeill City Administrator MM:tw CC: Randy Sampson, Canterbury Park Mayor and City Council Michael Leek, Community Development Director COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota- 55379-1351 612-445-3650 FAX 612-445-6718 -Caditeitli.i.b.. Palk March 4, 1999 Mr. Mark McNeill City Of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear Mark, I sent a copy of your letter dated January 27, 1999, to Randy Levy, of Rose Presents, the promoter of the Lilith Fair concerts; his reply is enclosed. I also contacted the Shakopee Police Department for a copy of any complaints concerning Canterbury Park on August 21, 1998, last year's Lilith Fair date; enclosed is a copy of the report. There were no complaints to the Shakopee Police and, to my knowledge, none of the city council members were contacted. In fact, the only noise complaints to the Shakopee Police Department in 1998 were due to the sirens on the police cars that were using our parking lot for training. Canterbury Park donates the lot to local and state law enforcement and the Shakopee Fire Department for training purposes. In 1997, when Canterbury hosted the first Lilith Fair concert, there were traffic problems associated with the event. I believe everyone would agree this was not an issue last year. As you are aware, Canterbury Park strives to inform our neighbors of all outdoor events at our facility; in addition we offer free tickets to the outdoor events. Please let me know if you feel the 11:00 PM ending time is an issue and if we need to meet with the City Council regarding this. Sincerely, 6-A-'14—Va)‘ \r\rNor\ r\. Mary Pat Monson Special Events Manager Enc: 2 CANTERBURY PARK HOLDING CORPORATION 1100 CANTERBURY ROAD P.O.Box 508 SHAKOPEE,MINNESOTA 55379 FAx 612.496.6400 TELEPHONE 612.445.7223 02/06/1999 14:00 6123326570 ROSE PRESENTS PAGE 01 Rose Presents 18 North 4th Street, Suite 704 Minneapolis, Minnesota 55401 (612) 332-6575 * FAX (612) 332-6570 rose a bitstream.net Maty Pat Monson Canitotbuty Park i 99 Hi Mary Pat, I have reviewed the letter to you from Mark McNeill, Shakopee city administrator. I will speak to the Lilith Fair agent about this matter. However, based on my 30 years of show experience, I suspect I already know their answer. Their show is designed to travel from city to city. This show is created with a look, sound and feel that is the vision of the Lilith Fair. I cannot imagine an agreement that, on this date, they will sacrifice the presentation of the show in both sound and lights that would be less than what their audience has to expect of them. The nighttime look of the lights, the set design and the Oblige sound is critical to the presentation of this show. Additionally, especially because this will be a weekday concert, any earlier she will cheat many later arriving people of the "meat" of the show. Not ail patrons can take the whole day off. As you know, this will be their third appearance at Canterbury Park, I am not aware that there is even a handful! of complaints with regard to sound levels. Each show has ended by 11 pm. Willa-local variance be needed to accomodate this preformance? If this carte be granted please advise me as soon as possible to allow me time to arrange another location, I am available for any questions you may have. Rc�, Sent By: City of Shakopee; 612 445 2313; Feb-24-99 10:56AM; Page 2/3 Wed 02-24-99 Shakopee Police Department Time: 10:45 am Adult Master Name and Incident Listing Page: 1 Name and Address Danger Street , Phone #, Grid # CANTERBURY PARK 98 N CANTERBURY RD 1100 CANTERBURY RD 612/445-7223 SHAKOPEE MN 55379 1324 SID: Driv. Lic. : /MN DOB: Sex: Race: Height: Weight: Eyes: Hair: Miscellaneous: Additional Information Name: Phone #: Address: Date Case Number Action Description U 0 C Disposition 12/23/98 98110007 C HARASSING CALLS 9800 ASST 12/18/98 98109889 C THEFT WALLET TC019 OFF RPT 12/12/98 98109713 C TOBACCO CHECK 9900 ASSIST 12/12/98 98109711 C TOBACCO ORD CHECK 9922 OFF RPT 11/14/98 98109006 M THEFT/HANDGUN TC019 OFF RPT 10/31/98 98108675 C 10-50 9440 ACC RPT 09/29/98 98107777 M THEFT PURSE TG159 OFF RPT 09/28/98 98107757 M THEFT CDS/PLAYER TC019 OFF RPT 09/16/98 98107410 M THEFT COMPRESSOR TG019 OFF RPT 09/16/98 98107457 C THEFT JACKET T0159 OFF RPT 09/15/98 98107385 M THEFT WALLET TG019 OFF RPT 09/14/98 98107364 C 3RD DEG BURGLARY B3392 OFF RPT 09/13/98 98107331 M 5TH DEG ASSLT A5356 OFF RPP 09/13/98 98107403 M LOST BACKPACK 9302 MISC RPT 09/13/98 98107334 C CROWD CONTROL 9802 ASSIST 09/13/98 98107337 C SUSP ACT/WEAPONS 9841 ASSIST 09/13/98 98107338 C DRIVING COMPLAIINT 9849 ASSIST 09/13/98 98107339 C 10-50 9440 ICR 09/12/98 98107311 C DISORDERLY CONDUCT N3030 OFF ARR RPP 09/12/98 98107312 C MINOR CONSUMPTION M4140 OFF ARR RPT 09/12/98 98107282 C EXTRA PATROL REQUEST 9921 ASSIST 09/12/98 98107308 C PUBLIC ASSIST 9800 ASSIST 09/06/98 98107121 C MEDICAL 9730 ASSIST 09/03/98 98107003 C NOISE PROBLEM 9832 ASSIST 08/29/98 98106849 C 10-50 9440 ACC RPT 08/26/98 98106738 M THEFT CELL PHONE TG019 OFF RPT 08/25/98 98106715 C MEDICAL 9542 ASSIST 08/22/98 98106584 C STRANDED PATRONS 9802 ASSIST 08/16/98 98106405 C MEDICAL 9730 ASSIST 08/10/98 98106204 C NOISE COMPLAINT 9832 ASSIST 08/10/98 98106206 C FIGHT 9822 ASSIST 08/06/98 98106066 C 9-1-1 CALLS 9902 ASSIST 08/04/98 98105999 M CK FORGERY U3010 OFF RPT 07/26/98 98105714 C 10-50 9440 ACC RPT Sent By: City of Shakopee; 612 445 2313; Feb-24-99 10:56AM; Page 3/3 Wed 02-24-99 Shakopee Police Department Time: 10:45 am Adult Master Name and Incident Listing Page: 2 Name and Address Danger Street , Phone #, Grid # CANTERBURY PARK 98 N CANTERBURY RD 1100 CANTERBURY RD 612/445-7223 SHAKOPEE MN 55379 1324 Date Case Number Action Description U 0 C Disposition 07/25/98 98105683 C LOST CELL PHONE 9302 ASSIST 07/23/98 98105603 C DOMESTIC ASSAULT 9801 ASSIST 07/11/98 98105235 C PUBLIC ASSIST 9802 ASSIST 07/10/98 98105228 C STOLEN AUTO/NO RPT 9852 ASSIST 07/09/98 98105203 C MEDICAL 9730 ASSIST 07/05/98 98105046 C 10-52 9420 ACC RPT 07/04/98 98104998 C MEDICAL 9730 ASSIST 07/04/98 98104999 C MEDICAL 9730 ASSIST 07/02/98 98106059 C 0000 07/02/98 98106059 C ISSUE WORTHLESS CKS U3022 OFF RPT 06/26/98 98104759 C DOMESTIC 9801 ASSIST 06/21/98 98104560 C GROSS DWI J2501 OFF ARR RPT 06/20/98 98104541 M THEFT OF WALLET TF019 OFF RPT 06/19/98 98104521 C MEDICAL 9730 ASSIST 06/12/98 98104261 M THEFT F/MV T0159 OFF RPT 06/11/98 98104247 C DISORDERLY CONDUCT N3030 OFF ARR RPT 06/08/98 98104163 C MEDICAL 9730 ASSIST 06/04/98 98104006 M CIVIL/RACE HORSE 9818 MISC RPT 05/28/98 98103703 C MEDICAL 9730 ASSIST 05/26/98 98103603 C DK DRIVER 9849 ASSIST 04/28/98 98102850 C NOISE COMPLAINT 9832 ASSIST 04/26/98 98102810 M THEFT F/MV PROP DAN TC159 OFF RPT 04/16/98 98102494 C CIVIL/CHECK 9842 ASSIST 04/05/98 98102196 C 10-50 9400 ACC RPT 04/05/98 98102197 C 10-50 9440 ICR 04/03/98 98102899 M INFO FORGED CHECKS 9846 OFF RPT 03/13/98 98101630 C MEDICAL 9730 ASSIST 03/10/98 98101562 C SLUMPER 9842 ASSIST 03/07/98 98101523 C QUES REF TEEN SMOKIN 9826 ASSIST 02/14/98 98101043 C ENDANGERMENT/GM DWI 12109 OFF ARR RPT 02/05/98 98100854 C EXTRA PATROL 9800 ASSIST 02/04/98 98100828 C IMPOUND 9900 ASSIST 01/24/98 98100593 M LOST CELL PHONE 9302 MISC RPT 01/20/98 98100512 M SUSPICIOUS ACTIVITY 9846 OFF RPT 01/18/98 98100456 C 10-50 9440 ASSIST 01/10/98 98100218 C MOTORIST ASSIST 9830 ASSIST 01/09/98 98100305 C SUSPICIOUS ACTIVITY 9846 OFF RPT SHAKOPEE March 11, 1999 Mary Pat Monson Special Events Manager Canterbury Park P.O. Box 508 Shakopee, MN 55379 Dear Mary Pat: I am in receipt of your letter of March 4, 1999, regarding the 11:00 p.m. ending time for Lillith Fair. We have reviewed this information. Among other things, City Code section 10.60, paragraph g, prohibits the use or operation of "radios, phonographs,paging systems . . . or other device for the production or reproduction of sound . . ." between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line. Regardless of the lack of complaints, the city ordinance is clear that this provision would be violated if Lillith Fair continues to 11:00 p.m. I believe it would be in your best interest to deal with this issue as soon as possible. Canterbury should make a formal request of the Council to waive this provision of the city code so that there is not an issue when Lillith Fair occurs. We would be happy to schedule this at one of the upcoming Council meetings. Please contact me. Sincerely, Mark McNeill City Administrator cc: Michael Leek MM/tly COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 S rt , ,, ,,_,„„,„,-„A:..,,,,,„. S >11 CSAH 17 Clif (MARSCHALL ROAD VIERLING DRIVE TO ST. FRANCES AVENUE FM Cill) 0 SHAKOPEE 111111111 City of SHAKOPEE, SCOTT COUNTY, UN MINNESOTA Submitted to: oat irlr-h ye a ,x °y, ` May 4, 1999 Cie City of Shakopee 129 Holmes Street South SHAKOPEE Shakopee , Minnesota 55379 WSB Project No. 1014.54 Traffic Study CSAH 17 (Marschall Road) Vierling Drive to St. Francis Avenue City of Shakopee Scott County, Minnesota May 4, 1999 Prepared by WSB & Associates, Inc. 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 (612) 541-4800 541-1700 (Fax) CSAH 17 Traffic Study City of Shakopee WSB Project No.1014.54 CERTIFICATION 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. 7 Charles . Rickart, P.E. Date: May 4, 1999 Reg.No. 26082 CSAH 17 Traffic Study City of Shakopee WSB Project No. 1014.54 TABLE OF CONTENTS TITLE SHEET CERTIFICATION TABLE OF CONTENTS SECTION I INTRODUCTION Page 1 SECTION H EXISTING CONDITIONS Page 3 A. Land Use Page 3 B. Roadway Characteristics Page 3 C. Traffic Volumes Page 4 D. Crash Investigation Page 5 SECTION HI TRAFFIC PROJECTIONS Page 8 A. Traffic Generation Page 8 B. Background(Non Development) Traffic Page 8 C. Traffic Distribution Page 9 D. Projected Traffic Volumes Page 9 SECTION IV TRAFFIC IMPACT ANALYSIS Page 17 A. Methodology Page 17 B. Existing 1999 Analysis Page 17 C. Year 2005 Analysis Page 17 D. Year 2019 Analysis Page 18 E. Right-in/Right-Out Access Page 19 SECTION V ROADWAY CONCEPT DESIGN Page 22 SECTION VI CONCLUSIONS/RECOMMENDATIONS Page 24 LIST OF FIGURES Figure 1 -Location Map Page 2 Figure 2-Existing 1999 Traffic Volumes Page 6 Figure 3-2005 Traffic Volume Without Developments Page 11 Figure 4-2019 Traffic Volumes Without Developments Page 12 Figure 5-PM Peak Hour Distribution Page 13 Figure 6-Development Site Traffic Page 14 Figure 7-Projected 2005 Traffic Volume With Developments Page 15 Figure 8-Projected 2019 Traffic Volume With Developments Page 16 Figure 9-Concept Plan (Sheets 1 and 2) Page 23 LIST OF TABLES Table 1 - Crash Investigation Page 7 Table 2- Trip Generation Page 10 Table 3-Level of Service Descriptions Page 20 Table 4-LOS Analysis Page 21 CSAH 17 Traffic Study City of Shakopee WSB Project No. 1014.54 SECTION I INTRODUCTION The City of Shakopee is experiencing significant commercial growth adjacent to the Trunk Highway (TH) 169 (Shakopee Bypass). The County State Aid Highway(CSAH) 17 (Marschall Road)corridor has been especially impacted by these recent developments. This is evident in the number of recently-completed projects, developments currently in the review process, and developments in the planning stages in and adjacent to this corridor. All these developments are located both north and south of TH 169 between Vierling Drive and 1r Avenue. As a result of this significant growth, the City Council commissioned WSB & Associates to conduct an analysis of the traffic impacts from all potential developments in this corridor. The study area includes: • CSAH 17, Vierling Drive and St. Francis Avenue; • 17`h Avenue, Weston Lane to Sarazin Street; • Vierling Drive; CSAH 17 to Ramsey Street. Several individual studies have been completed for developments in the study area. The results and conclusion of these studies are incorporated into the overall analysis and findings of this report. The developments include: • Boulder Ridge in the northwest quadrant of CSAH 17 and Vierling Drive; • Crossroads in the southwest quadrant of CSAH 17 and Vierling Drive; • Vierling Plaza in the southwest quadrant of CSAH 17 and Vierling Drive. Figure 1 illustrates the study area within the City of Shakopee. The following critical intersections were identified for in-depth analysis as part of the traffic study. • CSAH 17 (Marschall Road) at Vierling Drive • CSAH 17 (Marschall Road) at TH 169 North Ramp • CSAH 17 (Marschall Road) at TH 169 South Ramp • CSAH 17 (Marschall Road)at 17t Avenue • CSAH 17 (Marschall Road)at St. Francis Avenue • 17t Avenue at Sarazin Street • 17th Avenue at Target site entrance • 17t Avenue at Weston Lane The following sections outline the findings of this study including:documentation of the existing traffic conditions in the corridor;projecting development traffic on adjacent roadway;analyzing both existing and future traffic conditions; developing a future roadway concept plan; and developing conclusions and recommendations with respect to future roadway configurations. CSAH 17 Traffic Study City of Shakopee WSB Project No. 1014.54 Page 1 SHA KOP IEE E II al a I� AVE. _�t CR I I 1!)__11111 .. 10th _ 1.- 1, v. ',..,):44-0,, �F __. 1 N r \4.t RAVE.10 ^ J, Ft j4lIi � � w �" \\N-------.-, 1/C1f ) N .W.�ZQ ;0 UJ c R e< N :7 )JSP. COLpf 4.N J P-`�'1 J ¢ �DAVISae5. O JpCF- FUE��O c� -o CT. N R, ir ( 9 I Q1E �ti. OP E. ST� o J,.71. LARKSPOR a 2. C 117 9E �P• Lq .., RUNG f -" Cr.w A. 12 E2 bo of ONY ;� 0.._ Nill d w r JADE it \�,� % • CIOVIE4�pQ'pR a J i ow DAL S _ � W w CIf's�, �' MINT CT.p'E�41 V.A. �y DR. , RUBY J I c~i �Q- OS,io P,ApER.71: CIR. < \Y• Oy cn�_� •a te"' H C w w w - 'u -------Fir-. ' -- - >�' a FPC\ w' C'l 9cF y J RLING a z 104 • ¢ J Z0 12 ZO W • N5 .1 U' 2 ?� O a 5 0 / 9 A ��INDti N • �- • �¢� � n ‘3 . -'. .. -1-...411111111101111711 Project Location ) 9 119 Li o a/¢ 2 ;� • _ 1. MINNESOTA CT. - 2. SUNFLOWER CIR. La ♦ ism cV� 3. PIONEER CT. N �!CV' / 4. TUMBLEWEED CIR. W /4,/ FRENCH 44,CURVE J 5. AUSTIN CT. Z t CT�WAY,`"� . 6.MILWAUKEE CT. 3 o T. MILWAUKEE RD. 2 / ST.FRANCIS � Fp / AVE. N Q 41 1 Q 4( N / 17 ith Lo HILL WOOD DR. J J ry U V DR. ✓ c 1•t e-ti.,aGTON m -�a4LLfY ,„,,,,,,N...__ / % Oy o y9 CARRIAGE CT, p`� n;` ;i CORTLAND `'� RD . v f o2 22nd CT. AVE. _ �% : Z VIEW 109 PR0µ1SE pV / AVE. I \Nl0? It4CE AVE. La La SEPJ a u I7 I a ; / C WOOD DUCK TR. i x HER�IN TR. L O STONfB9-00KE DR.J ao _ X '/LONDo,V 0 �� - - �! �`- 29t th-�AVF. A _. WSB Project N0.1014.54 Dea:Apt WM County State Aid Highway 17 Vierling Drive to St. Francis Avenue Figure 1 Shakopee, Scott County, Minnesota Project Location Map J t:\1014.54\cod\locmap.dgn SECTION H EXISTING CONDITIONS A. Land Use The existing land use in the study area consists primarily of commercial uses, multi- family residential and some single-family residential. The area to the north of TH 169 has been platted or is in the process of being platted for retail uses. The area south of TH 169 is currently primarily vacant, however, some proposals are being brought forward with respect to retail uses adjacent to CSAH 17 and multi-family and single- family uses adjacent to 17th Avenue. B. Roadway Characteristics 1. CSAH 17: CSAH 17 is a north-south A minor arterial traversing Scott County from CSAH 101 in Shakopee to TH 13 in Spring Lake Township. This roadway in the study area has the following general characteristics: • Two through lanes in each direction from the TH 169 south ramp intersection to the north. • One through lane in each direction from the TH 169 south ramp intersection to the south. • Turn lanes at Vierling Drive include a southbound right-turn lane and a north and southbound left-turn lane. • Turn lanes at the TH 169 north ramp include a southbound right- turn lane and a northbound left-turn lane. • Turn lanes at the TH 169 south ramp include southbound left-turn lane and northbound right-turn lane. • No turn lanes are currently provided at 17t Avenue. • Turn lanes at St. Francis include a bypass lane southbound and a right-turn lane northbound. The speed limit on CSAH 17 is 50 MPH south of 17th Avenue and 40 MPH north of 17th Avenue. 2. Vierling Drive: Vierling Drive is an 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 study area has the following characteristics: • Two lanes in each direction. • Turn lanes at CSAH 17 include an eastbound and westbound left- turn lane. A 30 MPH speed limit is posted in this area. Vierling Drive west of CSAH 17 was recently reconstructed to accommodate the expected traffic from the commercial developments north and south of Vierling Drive. This roadway was reconstructed to a four-lane(two lanes in each direction) CSAH 17 Traffic Study City of Shakopee WSB Project No.1014.54 Page 3 facility with raised concrete medians and left-turn lanes at the major intersections into the Cub Foods site. Vierling Drive to the east of CSAH 17 is currently under study in conjunction with the proposed Vierling Plaza development. Based on that study,the roadway system to the west will include a four-lane section(two lanes in each direction)with raised concrete medians and left-turn lanes at CSAH 17 and Ramsey Street. A right-turn lane will also be provided for westbound traffic from Vierling Drive to the site entrance. 3. 17`h Avenue: 17t Avenue is an east-west city collector street that currently runs from just past Sarazin Street on the east to just past CSAH 17 on the west. This roadway in the study area has the following characteristics: • Two through lanes in each direction. • Turn lanes at CSAH 17, including an eastbound and westbound left-turn lane. • Turn lanes at Sarazin Street, including a westbound left-turn lane. • Turn lanes at Weston Avenue including an eastbound and westbound left turn lane. 17t Avenue to the west has recently been reconstructed to accommodate future growth in this area. It included two lanes in each direction with left-turn lanes at major intersections. A raised concrete median was also constructed on this roadway. 17t Avenue to the east was constructed with a raised concrete median approximately 350 feet east of CSAH 17. As part of the City's Transportation Plan, 17t Avenue is proposed to be extended through to the east to intersect CSAH 83 with a realigned CSAH 16. The remaining portion of 17t Avenue to be reconstructed would be completed as development dictates in that area. However,it is anticipated that this portion of the roadway would be reconstructed within the next five years. C. Traffic Volumes Traffic volume data was obtained from the City of Shakopee, Scott County, and the Minnesota Department of Transportation (Mn/DOT), along with traffic counts conducted by WSB&Associates,Inc. Traffic volume data was collected for both the AM and PM peak hours,as well as the Average Daily Volumes. The AM and PM peak hour counts were conducted on April 7th and April 8th, 1999, from 6:00 AM until 10:00 AM,and 3:00 PM to 7:00 PM. The Average Daily Traffic volume counts were conducted using road tubes north and south of TH 169 on April 6th through April 9h. The existing 1999 AM and PM peak hour traffic volumes,as well as the Average Daily Traffic volumes, are illustrated on Figure 2. CSAH 17 Traffic Study City of Shakopee WSB Project No. 1014.54 Page 4 D. Crash Investigation Crash data was collected from the City of Shakopee, Scott County and Mn/DOT for crashes occurring on CSAH 17 between Vierling Drive and St. Francis Avenue. The data indicates a total of 8 crashes have occurred in this corridor between January, 1996 and December, 1998. The primary type of crash occurring in the corridor has been right-angle or rear-end crashes at intersections. The crash rate and severity rate of crashes in the corridor are well below the state average for similar type roadways. Table 1 shows the results of the crash investigation. • - - CSAH 17 Traffic Study City of Shakopee WSB Project No. 1014.54 Page 5 • CSAR 17 Marschall Rd. V rn V iD N In --I.- CO ID N . 1111 A) % k. 80 (57) 48 (65) or 62 (41) Vierling Dr. 77 (189) jilt tir 24 (60)_1♦339 (303) 01 uD ao we-e- V r-I-V 1n-- M r NV VD1N INS 40 1.110 0 t0 J—ID L k. 14 125 /, 1 yap M{D 00 �� 169 v 0 N .O. V CO • N V V 1.1 V 43 (180) sal (25 tiw 1 N N N N V.- 0100 in 40 N CO M N co{ON N D1W 34 (62) 7 (14) t r 310 (10) � ,� or 2 (6) ,- 1 17th Ave. 0—♦ /Sir0 (7) 2 ( - 14 . IV/�. /Cite 58 (3 366)1 0 (3/1N ; 171 N O 1n Ul � �.. - V 00 VO �� 010 N N irk .O �In P- 04 __ In km 53 (118) O Ir‘Aor. 8 (75) ti St. Francis Ave. t1' 1999 AM Peak(ADT)= XX O N 1999 PM Peak(ADD=(XX) N N Y9 N W56 Nect Na 10%54 Dale:April,1999 County State Aid Highway 17 Marschall Road (CSAR 17) Figure 2 Shakopee, Scott County, Minnesota 1999 Traffic Volumes t:\1014.54\troffic\fig2.dgn TABLE 1 CRASH INVESTIGATION CSAH 17 (MARSCHALL ROAD) - Vierling Dr. to St. Francis Ave SHAKOPEE, SCOTT COUNTY LOCATION 1996 1997 1998 PI F PD PI F PD P1 F PD Vierling Drive 1 1 between TH 169 North Ramp between TH 169 South Ramp 1 between 17th Avenue 1 1 between St Francis Ave between Valley View Road 2 _ 1 0 0 3 2 0 1 1 0 1 TOTAL CRASHES 3 3 2 CRASH RATE 0.63 0.61 0.39 SEVERITY RATE 0.63 1.82 0.96 PI = Personnel Injury Crash PD= Property Damage Crash F=Fatality Crash Rate State Wide Average= 3.6 per million vehicle miles Severity State Wide Average=6.9 per million vehicle miles accinv 4/29/99 SECTION HI TRAFFIC PROJECTIONS Two analysis years were assumed for the traffic study. The year 2005 was chosen as the first year in which all potential developments could be completed. 2019 was selected as a 20-year forecast for traffic conditions in the study area. The PM peak hour was selected as the worst case traffic condition on the adjacent streets. This hour was selected following a review of the existing traffic volumes and anticipation of primarily retail uses in the corridor, which have a higher PM peak hour characteristic. A. Traffic Generation The sixth edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual was used to calculate daily and PM peak hour entry/exit volumes for the proposed study area developments. The anticipated development peak hour traffic volumes and Daily Traffic Volumes for the developments are presented in Table 2. Previous studies of similar type developments indicate that a significant number of people visiting development sites during the PM peak hour are already on the road passing by and combining shopping trips with a trip from work to home. Approximately 50% of retail traffic is passing by using the proposed developments. However,to analyze a"worst 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 area. In addition, for multi-use developments, a percentage of these trips will be multi-use trips which will be combining trips of more than one use at a time. For this study, it was assumed that 15% of the traffic in the multi-use developments would be internal multi-use trips. B. Background(Non Development) Traffic Two scenarios were assumed for background(non-development related)traffic. The first scenario assumed that the additional development, as outlined in the previous section,would not occur. The background traffic was assumed then to increase at the Scott County standard projection rate of 3.25%per year on CSAH 17(Marschall Road) and 2%per year on 17t Avenue and Vierling Drive. This was assumed for the years 2005 and 2019 projected traffic without the proposed developments. These volumes would be the comparable traffic should this area develop with less intense uses than assumed in this study. Figures 3 and 4 illustrate the projected 2005 and 2019 PM peak hour traffic without the proposed developments. The second scenario was assuming that the development traffic as proposed would be added to the roadway system. It was then assumed that the through traffic would increase by approximately 1%per year,from 2005 to 2019,to account for traffic with origins and destinations outside the study area. This 1%per year growth was added to CSAH 17, Vierling Drive and 17th Avenue for the 2019 analysis. The 2005 analysis assumed all development traffic would be assigned to the roadway, therefore, no additional background traffic was used. CSAH 17 Traffic Study City of Shakopee WSB Project No. 1014.54 Page 8 C. Traffic Distribution The direction of approach/departure to the proposed developments within the study area during the PM peak hour was assumed to be consistent with the existing traffic patterns during the PM peak hour. Figure 5 shows the PM peak hour direction of approach/departure. It was assumed that by the year 2005,the 17t Avenue connection to CSAH 83 would be completed and the distribution was adjusted to reflect those anticipated changes. This change only impacts the proposed developments south of TH 169. D. Projected Traffic Volumes The projected development,traffic was assigned to the street system according to the distribution by direction of approach/departure as discussed above. Figure 6 illustrates the PM peak hour development site traffic on the roadway system. The total 2005 and 2019 PM peak hour traffic volumes were determined by adding the development site traffic to the existing 1999 traffic,together with the 1%growth from 2005 to 2019,as discussed previously. Figures 7 and 8 show the total 2005 and 2019 projected traffic volumes with the proposed developments. CSAH 17 Traffic Study City of Shakopee WSB Project No.1014.54 Page 9 TABLE 2 TRIP GENERATION CSAH 17 (MARSCHALL ROAD) -Vierling Dr to St Francis Ave SHAKOPEE, SCOTT COUNTY P.M. PK HOUR SITE NO SITE USE S.F. DAILY ENTER EXIT 1* Boulder Ridge(1) 3485 148 148 2* Crossroads(1) 1225 60 50 3* Vierling Plaza Kmart 108,000 3852 155 161 Drug Store 8,000 554 23 23 Convenience Gas 2,000 550 72 75 Quality Restaurant 6,000 415 24 25 SUBTOTAL 5371 274 284 4 Daycare 10,200 196 60 68 5* TH 169 SW Quad Development Discount Store 102,000 3518 146 152 Fast Food Restaurant 2,500 948 33 31 Specialty Retail 120,000 2833 103 135 Convenience Gas 3,000 615 110 110 Quality Restaurant 8,000 550 31 15 SUBTOTAL 8464 423 443 6* TH 169 SE Quad Development Target 124,500 4494 178 185 Specialty Retail 100,000 2210 86 113 Fast Food Restaurant 2,300 986 31 32 Drug Store 8,000 551 26 27 Convenience Gas 3,000 615 110 110 High Turnover Restaurant 8,000 797 40 27 SUBTOTAL 9653 471 494 7 Multifamily Townhomes 160 Units 848 41 37 200 Units 1055 50 47 529 Single Family Detached 4555 311 175 SUBTOTAL 6458 402 259 8 Multifamily Townhomes 80 421 20 20 9* Hospital Site Specialty Retail 10,000 311 10 14 Medical Office 30,000 204 23 63 Daycare 5,000 120 25 29 Health Fitness 35,000 241 70 45 Senior Housing-Attached 100 U 266 5 5 Conference Center 25,000 172 16 28 SUBTOTAL 1314 149 184 10 Middle School 850 Students 1109 113 110 TOTAL I 37696 I 2120 2060 *- 15% Internal Trips was Assumed (1)- Remainder of Development • CSAH 17 Marschall Rd. tO CO to 01Nf- N tD All%k X50 Vierling Dr. 268 Jill 1r 68�� 367 mmv 1.0 0+m Li"up o1- cI- •,NN L I j2 �246p a0 m 169 1fl N Q f- lkAk 23p 18 ter •-•111P "N 010 .JrVV 0L 21 sr 32 6 4 17th Ave. 0�� ` 21 IN1r c 0 •l 59 oa of 4 Mm m m �..� .1.- `143 .� G air‘ji 91 ♦ St. Francis Ave. cn I r N N V N V WSB Project No. 1014.54 Date:Apn1,1999 County State Aid Highway 17 Marschall Road (CSAH 1Figure 3 'n 005 PM Shakopee, Scott County, Minnesota Peak(ADT)ww//o Deevel pment t:\1014.54\trof fic\fig3.dgn CSAH 17 X Marschall Rd. Pf N O tOm� QO..- f 78 ILA Vierling Dr. 358 �111 I 18 89•—• 574 01 N m 0,P. CO O O,In .JQ IN At- L 1372 1 169 P1 171 . I N 1.1 lkAk 34419) eat ter O M 0 0' 4- 2 12 1 ~;68 4.— 75 or 2 or 11 0- 10 17th Ave. 52.."1+ 5 19—0. 1E R 59 �� 26� loP� 00 m ++ a) .a a22, NA c '42 J► St. Francis Ave. t r O,N N Q tO WSB Project No. 10%54 D719:Apd,1999 County State Aid Highway 17 Marschall Road (CSAH 17) Figure 4 PrShakopee, Scott County, Minnesota peak(ADT)edect2019 Development t0\1014.54\traffic\fig4.dgn X sr 1 N 4 (16%) 7% Vierling Drive 12% (7%) 411. LEGEND -- (XX7) - OUTBOUND rn XX — INBOUND U cg XX — WITH 17th AVE. OPEN TO CSAH 83 0•),1 106 25z 169 c16�1 ♦� (1%) 4% 19 1% — (4%) —► 17th Ave 0 St. Francis Ave ;1 t .E Ncn r/ N w 1 WSB Project No. 1014.54 Dale:Apn1,1999 County State Aid Highway 17 Marschall Road (CSAR 17) Figure 5 Shakopee, Scott County, Minnesota PM Trip Distribution j t:\1014.54\troffic\fig5.dgn CSAR 17 Marschall Rd. I(1PP P M r 78 11l%k47 304 Vierling Dr. 43 Sill 54ter �. 299 O+"N M M O M M in 1D P Ifl cn co k.,35 e 236 �t Or r �m 169 N r P co 66 g t� 1g0 agsk N N ma on in N OQ, OM OI - °' 10 1.1 01 O0 N ��221616 40 562 °' N � 382 � or. ��� or 20 ��� 137 , 595 �l� or 28 * 17th Ave. 5.0014 1 296 C I ir 285 nolr 128 m"672�� 435�♦ ��e 236�� 1 101.—+.eN •l 1 �o� 771, vio.- 01 651, VOn i .- i PO n.- 116 ‘11k leim 29 St. Francis Ave. i ♦i' 40 N WSB Project No. 1014.54 Date:April,1999 County State Aid Highway 17 Marschall Road (CSAR 17) Figure 6 Shakopee, Scott County, Minnesota PM Peak P Site Traffic Volumes t:\1014.54\troffic\fig6.dgn CSAR 17 Marschall Rd. C.q mtows NCD kram di kAk 4 'm 135 r 345 Vierling Dr. 232 Sill 114 VI1tw 602 molo oom m 0,in alWI r•-•M N u di R ♦ 690 435 1 N N N Q 169 N CD CC CD u3(Ns .- 1 kilL 2f5 46 tiw 2 Y aD N Ifl N 1n OT �vin en ioO N VI CO ti 216 N a' Pk- 45 J 218 di� •-6 _ 396 j.143 •cn- ,L 4-664 29 17th Ave. 5Sill 3133 Jil 285 sr 128.0°I 101 . \V, 672�� 444_ ��� 236 � l 80� �m.n 100 �o� M N Y N ID OtD 234 ‘I/► Its 104 St. Francis Ave. ti' N. CI.; an W5B Project No. 1014.54 Date.April,1999 County State Aid Highway 17 7 Marschall Road (CSAH 17) Figure PrShakopee, Scott County, Minnesota Peak(ADT)with Siteected 2005 Traffic t:\1014.54\troffis\fig7.dgn CSAH 17 Marschall Rd.0. /f mem NkalM di kik O+� 135 345 Vierling Dr. 23 1 �f 123_. I 602 co.-m co Qin tp m •)N.O L 1k. 690 435 t 0 0 0 0 N • 1fl 169 tO IDc I"-N 246 -'' tr 215 t N Y tO .Mn t0 0 CO .JInOm WIO+ti 4�219 .J 624 ` 44 kA 4�329 ` `"� 95 45 or 1 30 jr or 143 ) Ail •101 17th Ave. 0,1 1.014r 5 102 m+ 1s 1(' 672�� 14i7511•=m* YrIt/ 286 237�� 80 N 101 IDQ' 1� PQM LOrt Co; 0l 234 104 St. Francis Ave. tor 100 Cn WSB Project No. 1014.54 Date:April,1999 County State Aid Highway 17 Figure 8 Marschall Road (CSAR 1 7) PrShakopee, Scott County, Minnesota Peak(ADT)with Site ected 2019 Traffic j t:\1014.54\traffic\fig8.dgn SECTION IV TRAFFIC IMPACT ANALYSIS A. Methodology Utilizing the existing traffic volumes,projected traffic volumes,anticipating roadway configuration and traffic control, an analysis of the intersection capacity was conducted. The analysis was performed using the FHWA Highway Capacity software (HCS),which simulates capacity analysis techniques as described in the 1994 Highway Capacity Manual. The data derived from this analysis is included in the appendix. The ability of a roadway system to accommodate traffic volumes is expressed in terms of Level of Service(LOS). The LOS of an intersection is based on approach delay and the amount of time the driver must wait at an intersection before proceeding. The intersections are graded A through F, with A representing the least delay and F representing the greatest delay. In urbanized areas such as Shakopee, a LOS D/E is typically acceptable during the PM peak hour,although a LOS C/D is desirable.A brief description of LOS is provided in Table 3. These LOS measures are standards set forth by the Transportation Research Board(TRB) in the 1994 Highway Capacity Manual. The results of the analysis are shown in Table 4. The following is a brief discussion of the analysis results for each analysis year. B. Existing 1999 Analysis Existing capacity of Level of Service analysis indicates that all intersections are operating at LOS C or better during the PM peak hour. All movements can be accommodated with existing geometries and traffic controls. C. Year 2005 Analysis 1. Without Development Site Traffic: The year 2005 Capacity and Level of Service analysis indicates that with no roadway improvements on CSAR 17,the intersections of Vierling Drive and the TH 169 north and south ramp intersections will be operating at satisfactory levels of service. However, CSAH 17 from the TH 169 south ramp through 17th Avenue will require improvements as a result of the traffic growth in the area. The improvements would include the addition of two through lanes in each direction with left-turn lanes on CSAR 17 to 17t Avenue. In addition, it is assumed that CSAH 17 at 17t Avenue would require signalization by 2005 with this growth. With these improvements made,the intersection Level of Service will increase from LOS F to an LOS C. All intersections on 17th Avenue would be operating at LOS C or better with the existing lane configurations. 2. With Site Development: Assuming all the proposed developments in the study area,the intersections of Vierling Drive and the TH 169 north and south ramp intersections will all be operating at satisfactory levels of service with the CSAH 17 Traffic Study City of Shakopee WSB Project No.1014.54 Page 17 • existing lane configurations. The intersection of CSAH 17 at 17t Avenue would be operating at a LOS F with existing lane configurations. In order to accommodate the growth in this area, improvements to the roadway would be necessary,including two through lanes in each direction,dual left-turn lanes for northbound and southbound CSAH 17,and right-turn lanes for northbound and southbound CSAH 17. 17th Avenue was also analyzed and it is was found that the intersection of Sarazin Street would be operating at an LOS F with the existing lane configuration and stop sign control. This intersection would also require the addition of a left-turn lane for eastbound 17`h Avenue and a left-turn lane for northbound and southbound Sarazin Street. With these improved geometries and assuming a traffic signal system at this intersection, the intersection would be operating at LOS C in 2005 with the proposed development traffic. D. Year 2019 Analysis Without Development Traffic: The year 2019 analysis of background traffic (non-development related) indicates that the intersections of CSAH 17 at the TH 169 north and south ramp intersections would all be operating at satisfactory levels of service with the existing lane configurations. The intersection of CSAH 17 at Vierling Drive would be operating at a LOS E with the existing lane configurations. With the addition of eastbound and westbound right-turn lanes, the LOS would increase to a D. The intersection of CSAH 17 at 17`h Avenue would be operating at an LOS F without any improvements. Assuming the improvements indicated in the year 2005 analysis, this intersection would operate at an LOS D in 2019 with the assumed background growth. The intersection of St.Francis Avenue would also be operating at an LOS E with the existing bypass lane configuration. By 2019, the intersection would require upgrading to two lanes in each direction and a three-quarter access intersection, which would provide an LOS B in the future. 2. With Development Traffic: The 2019 analysis with the development traffic and 1%general through traffic growth indicates that the intersections of CSAH 17 at the TH 169 north and south ramp intersection would all be operating at satisfactory levels of service. The intersection of CSAH 17 at Vierling Drive would be operating at a LOS E with the existing lane configurations. With the addition of the eastbound and westbound right-turn lanes, the LOS would remain at E. The intersection of CSAH 17 and 17t Avenue,similar to the year 2005 analysis, would be operating at LOS F with existing geometries. Assuming the same improvements as outlined in the 2005 analysis, this intersection would then be operating at an LOS D. The intersections on 17`h Avenue at Sarazin Street and the site entrance to Target would both be operating at an LOS C in the future, assuming the same intersection geometric improvements as discussed in the 2005 analysis. CSAH 17 Traffic Study City of Shakopee WSB Project No.1014.54 Page 18 E. Right-in/Right-Out Access Right-in/right-out access on CSAH 17 and 17t Avenue should be an integral part of the traffic operations on these roadways. The analysis as outlined above, did not assume any right-in/right-out access on CSAH 17, however, serious consideration should be given to these access points between the TH 169 south ramp and 17`h Avenue. By providing a right-in/right-out access for northbound and southbound CSAH 17 into the sites, the intersection of 17t Avenue will function at an increased level of service. By splitting these movements between multiple intersections, the overall flow of traffic on CSAH 17 and 17th Avenue will be improved. Although these access points were not assumed as part of the analysis, Scott County should be encouraged to allow these access points for overall traffic operations. One issue which may affect the approval and/or location of access points between TH 169 and 17t Avenue is the location of Mn/DOT controlled right-of-way and access from TH 169. This should be defined with Mn/DOT and Scott County, and these access points should be included if feasible. CSAR 17 Traffic Study City of Shakopee WSB Project No. 1014.54 Page 19 TABLE 3 LEVEL OF SERVICE DESCRIPTIONS CSAH 17 (MARSCHALL ROAD) - Vierling Dr. to St. Francis Ave SHAKOPEE, SCOTT COUNTY 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. H 1 z W 0) IT I 0)o M cop d Hui 0 0 lL , 0 W m m LI- 0 CO v J O (4 ,W W CI F- Z a 2 , I a o p a w o 0 m w 0 0 Z m lL 0 m O J N W LU 0 F- z 0 5a a) p a w z m 0 w 0 w m z a z a ow N > W 0 F- Z OW 0.10 0 0. D i Z m m Li- 0 m z z a z a c � a N � I 1 Q 0 N '(0 0) C a) rn N e- N CO N Z a v Z m m a Z m z z a Z ¢ Wi N Q 0 Cl) c Z L X 0 Q o W W p) V cri 0 C := ' E mm ma m c ` 0) arn CO rn rn arn CI) C Cl) C C C NC y yC y C n aNN a aG0 N . N !n p W o o aawaw .N C O 11..0 ^ Z CDtu 'CO oi J O o, c. rn W co V E E d a �v a m a c J -Ts ~-G 0 z > = r m U) J o G V V O O o O C H W Ti O O_ d 0 C Z az co 0 0) aZ mi > = w E m o m a) di Q E W N zco co r a co c 3 e c c as • W > I-xH N o (0 C '4) ami 0 W 7 7 7 .a N • N CO en d' V 0 F- ea a, ns as J < I V Z 1- P t. 1` 1. > > d To N C p_) CO Y a- a- e- e- > > > O 'N CO U) mp- QQ x x x x = a s a c2 ? Q Q N = N coi co co cc i vac ti ti _ ` 1- C) C) CO • a a a a a P. SECTION V ROADWAY CONCEPT DESIGN Based on the results of the capacity and level of service analysis,a preliminary roadway concept design was developed for CSAH 17, Vierling Drive, and 17th Avenue. The preliminary concept design is based on the worst case scenario(i.e. with development traffic)for the roadway system. Figure 9 (Sheets 1 and 2) illustrates the proposed concept plans. It was assumed that the geometrics for Vierling Drive east of CSAH 17 would be as recommended in the Vierling Plaza traffic analysis. The following is a summary of the proposed geometric improvements. CSAH 17 • Northbound right-turn lane at Vierling Drive • Two through lanes in each direction TH 169 south ramp to just north of St. Francis Avenue • Dual left-turn lanes northbound and southbound at 17th Avenue • Right-turn lanes northbound and southbound at 17th Avenue • Work with Scott County to determine feasibility of right-in/right-out access to the development sites between TH 169 and south ramp and 17t Avenue • Construct a traffic signal system at 17t Avenue Vierling Drive • Implement the recommendation in the Vierling Plaza study. • Widen to accommodate two through lanes in each direction, Ramsey Street to CSAH 17. • Construct left-turn lanes for Ramsey Street and CSAH 17. • Construct a raised concrete median, CSAH 17 to east of Ramsey Street. • Construct right-turn lane into the Vierling Plaza site from Vierling Drive at Ramsey Street. 17"`Avenue • Extend the concrete median from where it ends today to Sarazin Street. • Provide a left-turn lane from 17t Avenue to north Sarazin Street. • Provide three lanes of approach on Sarazin Street,north and south,including a left-turn lane and through lane. This will include only stopping changes south of 17t Avenue. • Provide a three-quarter intersection access between CSAH 17 and Sarazin Street, which would include a left turn in and a right-in/right-out to the proposed Target site. • Construct a signal system at Sarazin Street when it is warranted. CSAR 17 Traffic Study City of Shakopee WSB Project No. 1014.54 Page 22 InT4 .C. CO to2 0 1 vl I 4.1 roc, pommel' •Pam 1 4 roll ta I id . ON 8 0\ c•I . :„. Il C::11.1.1 "F) rt•• 03 a u) 1 q r1 ON 44 , 1 0 C/) rA P.4ft: v.....4 0 RI 3 g 0 t "Ic••1 trl .../ = CZI IV „„, 4-0 En°4 b43 v, ,•-, w lil W C4I 11 I 8 i c4 .4mit ,....... ... . Q.., ..q1 -4-4 a) co .c1 • v) .. . , , . ,.. , . , ... . . . ,. . . .... .. . . .., , ,trz: ... C4 ) . i.. ,,,:., -,,---....,,. -.; ..,.„... :,...,, .---, : C.) . : '...,7 .., ":,,;.: i...;, "-,•;,!•.;/,',".,,,,,"„;"*.v!..-,.: .,,,:•!.. ,:•;-: . , ,•,-,1-:• ....,1:4, ,-,•..;:. ;•,,., •-:--...;:, . •:•;:,. . 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SECTION VI CONCLUSIONS/RECOMMENDATIONS Based on the results of the traffic analysis the following conclusions can be made: • All intersections on CSAH 17,Vierling Drive,and 17th Avenue are currently operating at satisfactory levels of service (LOS D or better) • Crash data for the past three(3)years indicated that 8 crashes have occurred on CSAH 17 between Vierling Drive and Valley View Road. No significant pattern of level of crashes is occurring in this corridor. • Within the study area,it is anticipated that up to 4,000 PM peak hour trips,and 35,000 daily trips would be generated from potential developments. • By the year 2005, without any of the potential development, but assuming a general growth of traffic on the impact of the roadways, all intersections except CSAH 17 at 17"'Avenue would be operating at satisfactory levels of service(LOS D or better)with existing geometrics. The CSAH 17 at 17th Avenue intersection would require signalization and widening to two lanes in each direction with left-turn lanes. • By the year 2005 assuming full build of all potential developments in the study area, all intersections in the study area, except CSAH 17 at 17t Avenue and 17t Avenue at Sarazin Street, will be operating at satisfactory levels of service (LOS D or better). CSAH 17 at 17th Avenue would require signalization and widening to two lanes in each direction with dual left-turn lanes and right-turn lanes on CSAH 17. 17`h Avenue at Sarazin Street will require signalization and turn lane improvements. • By the year 2019 without the potential development traffic and assuming a general growth of traffic in the area, all intersections in the study area will be operating at satisfactory levels of service(LOS D or better)except CSAH 17 at Vierling Drive and 17th Avenue with existing geometries. The CSAH 17 at Vierling Drive intersection would require eastbound and westbound right-turn lanes. The CSAH 17 at 17th Avenue intersection would require signalization and widening to two lanes in each direction with left-turn lanes. • By the year 2019 with the development site traffic and assuming some addition through traffic on CSAH 17 all intersections will be operating at satisfactory levels of service (LOS D or better), except for CSAR 17 at Vierling Drive and 17th Avenue and 17th Avenue at Sarazin Street. The intersection of CSAH 17 at Vierling Drive will require the addition of right-turn lanes for eastbound and westbound Vierling Drive. The intersection of CSAH 17 at 17th Avenue would require signalization and widening to two lanes in each direction with dual left-turn lanes and right-turn lanes on CSAH 17. 17t Avenue at Sarazin Street will require signalization and turn lane improvements. Based on the analysis found in this study and the conclusions discussed above, the following recommendations are made: CSAH 17 Traffic Study City of Shakopee WSB Project No. 1014.54 Page 24 Short Term Improvements: 1. Widen CSAH 17 from the TH 169 south ramp intersection to just south of 17t Avenue to four lanes (two lanes in each direction)with raised concrete median. 2. Construct dual left turn lanes and right turn lanes for northbound and southbound CSAH 17 at 17th Avenue. 3. Provide for a 3/4 access intersection at the first access into the target development east of CSAH 17 on 17th Avenue. 4. Provide a full movement access to the Target site from Sarazin Street with signalization and a left-turn lane on 17th Avenue. 5. Construct a concrete median from just east of CSAH 17 through Sarazin Street to delineate eastbound and westbound traffic. 6. Implement the proposed roadway geometries as outlined in the Vierling Plaza traffic study for Vierling drive east of CSAH 17. 7. Work with Scott County to include right-in/right-out access points on CSAH 17 south of TH 169 into both development sites east and west of CSAH 17, and a right in only to the Vierling Plaza site north of TH 169. Long Term Improvements 1. Construct a four lane(2 lanes in each direction)on CSAH 17 from where it ended with the short term improvements to the new intersection of Valley View Road. 2. Construct a 3/4 access intersection on CSAH 17 at St. Francis Avenue, including a right-in/right-out and left in. CSAH 17 Traffic Study City of Shakopee WSB Project No.1014.54 Page 25 /57 43.1', CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Request of Waiver to Minor Subdivision Requirements Valley Haven Mobile Home Park(Applicant) DATE: May 4, 1999 Introduction Mr. Daniel Tyson, on behalf of Valley Haven Mobile Home Park, is requesting a waiver to City Code Section 12.08, Minor Subdivision Process. The location of the subject site is located at 1501 First Avenue East (Exhibit A). Discussion Valley Haven is requesting this waiver in conjunction with their proposed acquisition of a 50 foot wide parcel to the north of the park. This parcel is part of Government Lot 5, Section 6-115-22. This additional parcel will help eliminate existing trailer encroachments along the north boundary, as illustrated on the survey submitted by the applicant(Exhibit B). Valley Haven Park property is currently unplatted. The applicant's title company has indicated that acquiring and adding the 50 foot wide parcel to their own park parcel, constitutes a tax parcel split (of Government Lot 5). Therefore, in order to obtain clear title, an approval from the City is required, and their deed can be subsequently stamped. Section 12.08. Minor Subdivision Process, Subd. 2, of the City Code states; "When the proposed minor subdivision involves any unplatted property, the regular preliminary and final platting procedures shall be followed." State law authorizes the city to waive compliance with its subdivision regulations in those situations where the waiver does not interfere with the purpose of the subdivision requirements. Valley Haven is requesting a waiver to this preliminary and final platting process. The attached resolution grants the waiver and permits staff to stamp the deed accordingly. Alternatives 1. Approve the applicant's request to waive subdivision requirements, City Code Section 12.08. Minor Subdivision Process. 2. Deny the applicant's request to waive the requirement of the Minor Subdivision requirements. 3. Table the matter for additional information from staff and/or the applicant. Action Requested Offer Resolution No. 5131, a resolution approving a waiver to subdivision requirements, City Code Section 12.08. Minor Subdivision Process, and move its adoption.. i:\commdev\cc\1999\ec0504\vhmp-ww.doc 11\ AG 1 NI 41, JECT SITE ki Adak 1■.�sig SUB. wir , lun ►► ►►►►►outa sin :�w��� di ►,e° nun In;•; -of to a a .�- „Limnos Ater 1111j 11111 11111111111►,1;tit �'`' _ 1►1111■11\iill i �. _ 1�. IIIv,wmg.,..„........----12 iiii I 1111111111 11111 11111 ►,11111111►�■'111111►1►1111g ra _ _ _1'1111 •■1111111111111111►1111,:IIp1►1�- 1I g gm ► �1►1►1111►j111111► ��� tie;n.1•• ,.1.► ■■111 - ��� .. ill ,, .■►►�► 1►►►1 „��►�►11►►_I►�►►1►11111►►1111►1_■►►1:.11111 ►►► ►III\►1111 ►�_- ►�► ■� �1� I — —►Nun . Irk_;:11111111 ® -�p1►11111111a11, B 1im _ : �� �� ►111► ►j111► A;►lma _=: - . 1111].!. TN •.a., ,, :r=_�T_�= '1111 — 114 +•OG � ��L N`�11��II■I�IIIIIIII uuputlnllim IIIn1111111111 ■� HE11t =� DOOMS 11111 : .e.. _.3 \ =Up b�;1�1 p� 111111- _ ,,,,,,,, ��t • :: 1111 -� �- I����. Ill=1 v /III ��.. - .mi uu uu uu ul uu WI OS ■�41.,,,7.1!_i.11 �In inn 11111 11.i� .■ •• ..■■ 1111; VIM 111111 1111111 I I 111111111/l , I I \ k rimWit m Nu\ ■■1■■ .■1■� ■■ "111111 111111 11111 I I I 1111111/I �/.� 4111• � ��• ��� �..1.. ;;1111 .■1.. tit =► ;it■■ i�/�.. ■' �.. .■1;: ::11111 21= 1-= :.IIIA :� �- v///////.. ;:1`: ;;.•■ ,I— -f_ � _� :1I � � ' Q /////1 �;-.J■ ..... ,�� �� � __-� . 111111►t ��I - ////I � .. a 1/ \ ���� �� -___ -1111 11111 I I II I®111111. II111111 1111111\11111111111 ►i.4., :_:111 1111111 1111111 1111 11111 �� �_ ■ al ,\;I, -Nil WILLA' SHAKOPEE COMMUNITY PRIDE SINCE 1857 N Request of Waiver to Minor Subdivision Requirements Row.shp Parcels.shp 0 Zoning.shp EXHIBIT A 04/29/99 • 4. Zo W 11 W 60Op. ;• 111 . u, a. 111 ; � .1"- \ a Z ----�� street wmkedA. ' _ III ---4-ski\ d � . ....t 8.4'.;. \\ >' 111 . . dy� \ -:-2. a .•,....� f . 111 111 04A. , J 4, I0 n J Q" Li n C A j. �a 111 I g.hcU -. y 4! o ayI0 rn 111 F 111 71 0- N °°,� 111 N ...i i zvr,. O 1 i • 1 It, 2....\: T a'. 0-0 �y L.D. ao o � . _ 111 f 1° 1 F- 7 -J a‘ = -e 111 4i3. 3m ` �"s. Z �, tt?f� §s z — N, i 6 �a \ °a t a ?" 111--. \ N�n 4. \ cs 111 • 4 G. O Os' CO u � $ 111 0 3.1oy / \ 111 1 '°�� A� -111 a I ‘ \ \••.0 EXHIBIT B ` rg °'~ 111. SO°04'0.5 E _ _152.62- - - _ RESOLUTION NO. 5131 A RESOLUTION APPROVING A WAIVER TO SUBDIVISION REQUIREMENTS, CITY CODE SECTION 12.08. MINOR SUBDIVISION PROCESS CITY OF SHAKOPEE,MINNESOTA WHEREAS, Valley Haven Mobile Home Park, a/k/a Valley Haven LLP, has made application to the Shakopee City Council, requesting a waiver to subdivision requirements, City Code Section 12.08. Minor Subdivision Process; and WHEREAS, the property upon which the request is being made is legally described on the attached legal description Exhibit A, and WHEREAS, Valley Haven LLP is desirous of eliminating a number of trailer encroachments within their park system, and the acquisition and addition of the 50 foot wide parcel immediately adjacent to and north of said park should reduce or eliminate these encroachments, and WHEREAS, due to the property identified herein is unplatted, Valley Haven LLP is requesting a waiver to the requirement of regular preliminary and final platting procedures as specified in City Code Section 12.08. Minor Subdivision Process. WHEREAS, Minnesota Statutes, Section 462.358. Subdivision 4b. allows the City to waive compliance with its subdivision regulations in those situations where the waiver does not interfere with the purpose of the subdivision requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the subdivision requirements and regular preliminary and final platting procedures as specified in City Code Section 12.08. Minor Subdivision Process are hereby waived for the parcel described herein, and Staff of the City of Shakopee are hereby authorized to stamp the deed conveying said parcel accordingly. 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 EXHIBIT A LEGAT. DESCRIPTION: The Southerly 50 feet of that part of Government Lot 5, Section 6, Township 115, Range 22, lying northerly and adjacent to the premises described in Scott County Torrens Certificate No. 19114: All that part of Government Lot 5, Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point 1610 feet easterly of the east line of Naumkeag Street as measured along the centerline of State Trunk Highway No. 101 and 75 feet northwesterly as measured at right angles from said centerline; thence westerly along the northerly line of State Trunk Highway No. 101 to the Southeast corner of Halo Second Addition, according to the recorded plat thereof, Scott County, Minnesota; thence northerly, along the east line of said Halo Second Addition, a distance of 250 feet; thence easterly along the south line of said Halo Second Addition, a distance of 31.21 feet; thence northerly along the east line of said Halo Second Addition, a distance of 60 feet to a point 310 feet northerly of the northerly line of said State Trunk Highway No. 101 as measured along a line drawn parallel with the east line of Naumkeag Street; thence easterly parallel with the northerly line of said State Trunk Highway No. 101 a distance of 460.48 feet; thence southerly to a point 251.4 feet easterly, as measured along a line drawn parallel with the northerly line of said State Trunk Highway No. 101, from a point 160 feet northerly as measured along a line drawn parallel with the east line of Naumkeag Street, from a point of beginning; thence westerly, parallel with the northerly line of said State Trunk Highway No. 101, a distance of 251.40 feet; thence southerly, parallel with the east line of said Naumkeag Street a distance of 160.0 feet to the point of beginning. ifi• CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Minor Subdivision Waiver Request Brian D. and Julie L. Welch, Applicants MEETING DATE: May 4, 1999 Introduction: Brian and Julie Welch are requesting a waiver of City Code Section 12.08, Minor Subdivision Process. The subject site is located at 1050 and 1052 Marschall Road. Bryce Huemoeller's letter on behalf of the Welch's is attached for the Council's information. Discussion: The subject parcel is located in the R-1B district, and is developed with a duplex. The applicants wish to subdivide the property along the party wall of the duplex. Section 12.08. Minor Subdivision Process, Subd. 1, Para. B of the City Code states; "All resulting lots must meet the design standards and other requirements specified in Chapter 11, unless otherwise modified as part of the PUD approval." The lots proposed to be created by the split would not meet the applicable side yard setbacks. The Welch's are requesting a waiver from this provision of Chapter 12 of the City Code. If the waiver were granted, the Welch's would then be able to proceed with an application for minor subdivision. Alternatives: 1. Approve the applicant's request to waive the requirement of the Minor Subdivision requirements. 2. Deny the applicant's request to waive the requirement of the Minor Subdivision requirements. 3. Table the matter for additional information from staff and/or the applicant. Action Requested: Offer a motion consistent with the preferred alternative, and move its approval. R. Michael Leek Community Development Director i 1111 7rop,00 _____tz_ \ P' 1 ism co • • 1. •• • 411• Oro 4 g . 9. /40:14 01 **at g y A. - Ivo h. . g - 1 ,:z.-- 4.44., ._, . 1 mile ,,, v 4 . . . 0..E . 1 • firm ? 4 ip i 1 offal I id , i .4 MAN voi as Tim � Aim Illll g . AIIIIII Hifi Eir .A g AAlai4eisl111111 � 1 ff APR 29 '99 11:22AM HUEMOELLER & BATES P.2/2 HUEMOELLER & BATES ATTORNEYS AT LAIN 16670 FRANKLIN TRAIL POST OFFICE BOX 67 PRIOR LAKE,MINNESOTA.S372 JAMES D.BATES Telephone(612)447-2131 BRYCE D.HUEMOELLER Teleoopi.r(612)447$628 April 29, 1999 Shakopee City Council VIA FACSIMILE AND 129 South Holmes Street U. S. MAIL Shakopee, MN 55379 Re: Request of Brian D. and Julie L. Welch for Minor Subdivision of Outlot A, Eagle Bluff 2nd Addition Dear Council Members: I am writing on behalf of Brian D. and Julie L. Welch in connection with a proposed minor subdivision of Outlot A, Eagle Bluff 2nd Additi©n, which contains a residential duplex located at 1050 and 1052 Marschall Road South. The proposed minor subdivision will divide Oudot A into two parcels at the location of the party wall dividing the two duplex residences. Theresulting lots will meet the minimum lot size requirements as required by Shakopee Zoning Ordinance (SZO) Section 12,08. The necessary easements for the common party wall, access and driveways, connection to and maintenance of utilities, and maintenance of the dwellings will be created by means of recorded covenants to be reviewed and approved by the Shakopee City Planner. The owners believe that the two lots resulting from the minor subdivision of Outlot A will meet all applicable zoning requirements, except for the minimum side setback from the common boundary on which the party wall for the dwellings is located. The purpose of this letter is to request on behalf of the owners that the City Council waive the minimum side setback requirement with respect to the common party wall and authorize the Shakopee City Planner to approve a minor subdivision of Outlot A under SZO Section 12.08. c ely yours, Bryce D. Huemoeller BDH:jd cc: Brian D. and Julie L. Welch Cletus Link �sc . l. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor& City Council i Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Termination of Probationary Status for Michael Huber DATE: May 4, 1999 INTRODUCTION: The probationary period for the Engineering Tech. III position held by Michael Huber expires on May 1, 1999. Staff is recommending that Mr. Huber's probationary status be terminated at this time. BACKGROUND: Effective November 1, 1998, the Shakopee City Council promoted Michael Huber to the position of Engineering Tech. III in the Engineering Department. This promotion was due to the fact that Mr. Huber's job skills and responsibilities have increased in his 5 1/2 years of experience with the City. Mr. Huber's performance in the past six months has been satisfactory and staff is recommending that his probationary status be terminated. Also, Mr. Huber's pay is to be adjusted to Step 6 of the 1999 Pay Plan with a new anniversary date after his successful probation period, as per the attached November 4, 1999 memo on his Engineering Tech. III Reclassification. ALTERNATIVES: 1. Move to terminate Michael Huber's probationary status. 2. Extend probationary status for another six months. 3. Table action pending further information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: A motion to terminate Michael Huber's probationary status. hitijk -.... • . i Bruce Loney Public Works Director BL/pmp HUBER e. .2 . 4b . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Tech III Reclassification for Michael Huber DATE: November 4, 1998 INTRODUCTION: The Council is asked to approve a promotion from Engineering Technician II to Technician III for Michael Huber. BACKGROUND: In the 1999 Budget for the Engineering Department, it is proposed to promote Michael Huber from an Engineering Tech II position to an Engineering Tech III position. Mr. Huber has been an Engineering Tech II since April 23, 1993 for the City of Shakopee and has 5 1/2 years experience total as a Civil Engineering technician and seven years experience in the construction trade field. Mr. Huber, over the years, has increased his job skills and abilities in many areas and is warranting the promotion. The main areas of increased skills and abilities are as follows: • CADD operator for the City's computer aid drafting and design. • Project designer of public improvement projects. • Calculates assessments for the City of Shakopee. • Lead Inspector on several construction projects. This is a summary of the skills and abilities that I believe that meet the Tech. III position, particularly in the areas of CADD operation, project design, cost estimating, inspection responsibilities and bid proposals for City projects. Mr. Huber has grown in his abilities and has taken on more responsibilities in the field and office and thus, in my opinion,warrants a promotion to Engineering Technician III. The City's Engineering Department currently has a vacant Tech IV position, no Engineering Tech III and three Engineering Tech II employees. The two other Engineering Tech II employees do not have enough experience to qualify for an Engineering Tech III position as yet. Staff believes this promotion is warranted and requests that Council consider this action now due to the high demand of experienced engineering technicians from other cities and consultant firms. BUDGET IMPACT: Due to the departure of John DeLacey who was an Engineering Tech IV, the engineering budget impact will not be impacted by this promotion for 1998. Staff is recommending that Michael Huber be promoted to Engineering Technician III at Step 5 of the adjusted 1998 pay plan effective November 1, 1998 and upon a successful 6 months probationary period, receive an adjustment in pay to Step 6 and his anniversary date would be the date of completing his probation period for Engineering Technician III. RECOMMENDATION: Staff recommends that Michael Huber be promoted to Engineering Technician III and a pay adjustment to Step 5 of the 1998 adjusted pay plan effective November 1, 1998 and to Step 6 after a successful 6 month probationary period. If approved, the date of successful probation period would then be Michael's new anniversary date. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the promotion of Michael Huber to Engineering Technician III, effective November 1, 1998 at Step 5 of the 1998 adjusted pay plan and to Step 6 after a successful six month probationary period and with a new anniversary date after a successful probation period. Afee 11.e, Bruce Loney Public Works Director BL/pmp HUBER /5 . C '.2-c CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Agreement Between State of Minnesota, Union Pacific and City of Shakopee on Railroad Crossing Signals on Fuller Street, Holmes Street and Lewis Street DATE: May 4, 1999 INTRODUCTION: Attached are Resolution No.'s 5127, 5128 and 5129, resolutions authorizing the City to enter into Agreement No.'s 77717, 77718 and 77719 for the installation and maintenance of railroad crossing signals at the intersections of Fuller Street, Holmes Street and Lewis Street. BACKGROUND: Attached is a letter from Susan Gergen of Mn/DOT and Agreement No.'s 77717, 77718 and 77719 on improving the railroad crossing signals for the intersections mentioned previously. These improvements will improve reliability of the circuitry for the crossing signals and according to Mn/DOT, these agreements have nothing to do with the speed issue between Union Pacific and the City. The cost to the City of Shakopee for this work is zero percent of the total signal cost. The State is paying Union Pacific the cost of the material to upgrade the circuitry and Union Pacific will install the circuitry at its own expense. ALTERNATIVES: 1. Approve Resolution No.'s 5127, 5128 and 5129. 2. Deny Resolution No.'s 5127, 5128 and 5129. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as this upgrade is to improve the crossing signals at no cost to the City. ACTION REQUESTED: Offer Resolution No.'s 5127, 5128 and 5129, A Resolution Authorizing the City of Shakopee to Enter into Agreement No.'s 77717, 77718 and 77719 for the Installation and Maintenance of Railroad Crossing Signals at the Intersection of Fuller Street, Holmes Street and Lewis Street respectively, with the Union Pacific Railroad Company and move its adoption. /1 :ruce Loney Public Works Director BL/pmp MEM5127 Apr 28 '99 6:57 P.01/02 • ��NESpT4 F Minnesota Department of Transportation Office of Freight, Railroads, &Waterways °""c'f. 395 John Ireland Blvd., MS 470 Phone: 651/296-0355 St. Paul, MN 55155-1899 • Fax:651/297-1887 651/296-0359 April 1, 1999 Mr.Bruce Loney Shakopee Public Works Director 129 Holmes Street South • Shakopee,MN 55379-1351 Re: Railroad Grade Crossing Safety Improvement Projects: ,eementNo. 77717,MUN 0044,Fuller Street,Union Pacific Railroad USDOTNO: 185332F,File:F-0554 Agreement No.77718, MSAS 102,Holmes Street,Union Pacific Railroad USDOTNO: 185331Y,File:F-0554a Agreement No.77719,MUN 0050,Lewis Street,Union Pacific Railroad USDOTNO: 185330S,File:F-0554b • Dear Mr.Loney: Enclosed are four copies for each of the above referenced agreements for the above referenced projects. Please have all four copies of each agreement signed,along with the resolution and signature acknowledgment pages. Return all copies of each agreement to this office for further processing. When fully processed, one fully executed copy will be returned to you. These projects will upgrade the circuitry system for each of these crossings;therefore, improving the reliability and credibility of the signal system.Mn/DOT will buy the materials and the Union Pacific will install the upgraded circuitry. As we discussed on the phone, these projects are necessary safety improvements that are needed regardless of the Union Pacific speed increase. The City's financial participation will be zero percent;however we ask that you sign the agreement. Please give me a call if you have any questions,comments or concerns. Sincer , usan Gergen Project Manager - Enclosure: Agreement No.77717(4 copies) Agreement No.77718(4 copies) Agreement No. 77719 (4 copies) cc: Roger Gilbertson—Union Pacific Railroad An equal opportunity employer Rpr 28 '99 6:58 P.02/02 0141-sorq o Minnesota Department of Transportation • S Office of Freight,Railroads,&Waterways t'OF Tag 925 Kelly Annex, MS470 Phone:6121296-0355 395 John Ireland Blvd. Fax:612/297-1887 St. Paul, MN 55155 612/296-0359 March 25, 1998 Mr. Bruce Loney Shakopee Public Works Director 129 Holmes Street South . Shakopee,MN 55379-1351 Re: Proposed Grade Crossing Safety Improvement Project MUN 0044,Fuller Street,Union Pacific Railroad USDOTNO: 185332P Dear Mr. Loney: The Union Pacific Railroad recently approached the Minnesota Department of Transportation (Mn/DO'f)with a low cost proposal to improve safety at the above referenced grade crossing. The railroad requested Mn/DOT participate in the cost of upgrading the circuitry of the grade crossing signals at this location. The proposed project will improve the reliability and credibility of this signal system. We have developed a proposal whereby Mn/DOT will buy the material and the Union Pacific will install the upgraded circuitry. The City's financial participation would be zero percent. However,we would ask that you sign the agreement. Please let me know if this proposal is acceptable to the City of Shakopee. Sincerely, SW 4.--- 01----- Susan Gergen Program Manager cc: Roger Gilbertson--Union Pacific Railroad F_D66q An equal opportunity employer MN/DOT AGREEMENT NO. 77717 USDOTNO 185332F DATED S.P. 70-00110 FUNDS State Railroad Crossing Signals Fuller Street(MUN 44) Shakopee, Minnesota Scott County Union Pacific Railroad Company Stipulation Agreement THIS AGREEMENT, made and entered into by and between the CITY OF SHAKOPEE, through its Board of Commissioners,hereinafter called the "Local Agency";the UNION PACIFIC RAILROAD COMPANY, hereinafter called the "Company";and the STATE OF MINNESOTA, acting through its Commissioner of Transportation,hereinafter called the "State", WHEREAS, Fuller,MUN 44 (USDOTNO: 185332F), as now established, crosses the track of the Company at grade in Shakopee, Scott County, Minnesota,the location of the crossing and railway track being shown on the print hereto attached,marked Exhibit"A";and WHEREAS,the Company installed flashing light signals with relay logic at this location in 1949;and WHEREAS, the Company submitted a complaint to the State that the grade crossing warning device is no longer adequate pursuant to Minnesota Statutes Section 219.39;and WHEREAS,the State, pursuant to Minnesota Statutes Section 219.26,has investigated the complaint of the Company and agrees that the warning device is in need of upgraded circuitry;and WHEREAS, the Company and the State desire that a determination be made to upgrade the warning device pursuant to an order as provided by Minnesota Statutes Section 219.40;and • AGREEMENT NO.77717 WHEREAS,the Local Agency also desires that the grade crossing be provided with upgraded circuitry; and WHEREAS,the Company is willing to install,maintain and operate the signals upon the terms and conditions hereinafter stated;and WHEREAS,Minnesota Statutes Sections 219.17-219.23 provides for proper signalization at railroad grade crossings;and WHEREAS,the State has agreed to buy the material to upgrade the circuitry at the crossing and the Company has agreed to install the material at its own cost;and WHEREAS,the State of Minnesota,pursuant to Minnesota Statutes Section 161.20, is authorized to enter into agreements with parties for the upgrading of railroad grade crossings. NOW,THEN, IT IS AGREED: 1. Exhibit"A",the location print;Exhibit"B",the list of materials and lump sum price;and Exhibit"C",the Agreement Summary, are attached hereto and made a part of this Agreement. 2. The State,the Local Agency and the Company agree to upgrade the circuitry at the Fuller Street(MUN 44)grade crossing as identified in the list of materials and lump sum price detailed in Exhibit"B". 3. The cost of the material for the above referenced warning device improvement is$12,024.00 in accordance with the list of materials and lump sum price detailed in Exhibit"B", and summarized in Exhibit"C". -2- AGREEMENT NO.77717 4. The State will pay the Company the lump sum amount of$12,024.00 for the material to upgrade the circuitry of the above referenced warning device. The Company will install the circuitry at its own expense. 5. The grade crossing signal system provided for in this Agreement shall be maintained and operated by the Company upon completion of its installation. The obligation to maintain the signal systems will continue in accordance with the law of the State. 6. Subsequent to the installation of the signal system,the Local Agency will install, as may be needed,appropriate advance warning signs,other supplemental signs and pavement markings in accordance with the Manual on Uniform Traffic Control Devices(MUTCD). The Local Agency will install the signs using wide-angle prismatic retroreflective sign sheeting material. The Local Agency will also remove signs that are no longer needed as a result of the signal installation. 7. The State,Local Agency and Company waive all notice and hearing requirements required by law for this matter before the Commissioner of the Minnesota Department of Transportation. 8. The parties agree that the warning devices at the railroad crossings identified in this Agreement comply in all respects with safety requirements imposed by state law and agree to request that the Commissioner of the Minnesota Department of Transportation adopt and approve the proposed safety devices as adequate pursuant to Minnesota Statutes Sections 219.40 and 219.402 and that the State share of funding will come from the Highway Safety Devices Account, in the amount of$12,024.00. 9. The undersigned, by execution hereof, state that this Stipulation Agreement has been read and explained to them by their respective legal counsel and that the undersigned understand and fully agree to each, all and any provision hereof, and acknowledge receipt of a copy of this Stipulation Agreement. -3- AGREEMENT NO.77717 10. The parties may neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the other parties. Any amendments to this Agreement must be in writing and executed by the same parties who executed the original Agreement,or their successors in office. Failure of any party to enforce any provision of this Agreement will not constitute,or be construed as, a waiver of such provision or of the right to enforce such provision. This Agreement contains all prior negotiations and agreements between the parties. No other understandings,whether written or oral, regarding the subject matter of the Agreement will be deemed to exist or to bind the parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same Agreement. 11. The books, records,documents,and accounting procedures and practices of the Company relevant to this Agreement will be subject to examination by the Department of Transportation's auditor,and/or the State or Legislative Auditor, as appropriate, for a minimum of six years. 12. This Agreement is governed by the laws of the state of Minnesota. Venue for all legal proceedings arising out of this Agreement, or breach,will be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. -4- AGREEMENT NO.77717 IN WITNESS WHEREOF,the parties hereto have caused this agreement to be duly executed. City of Shakopee Union P Tic Railroad om any By: CHIEF ENGINEER Title: Title: Dated: , 19 Dated: //// ( , 19 p By: By: Title: Title: Dated: , 19 Dated: , 19 Attest: Title: Dated: , 19 STATE OF MINNESOTA Recommended for Approval: Commissioner of Transportation By: By: Director,Railroad Administration Director Office of Freight,Railroads&Waterways Dated: , 19 Dated: , 19 Approved as to Form and Execution APPROVED: by Office of the Attorney General Department of Administration By: By: Authorized Signature Dated: , 19 Dated: , 19 -5- AGREEMENT NO.77717 • RESOLUTION BE IT RESOLVED,that the City of Shakopee enter into a stipulation agreement with the Union Pacific Railroad Company and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals at the intersection of Fuller Street(MUN 44)with the tracks of the Union Pacific Railroad Company in Shakopee,Minnesota, and appointing the Commissioner of Transportation agent for the City to supervise the project and administer available State Funds in accordance with Minnesota Statutes, Section 161.36. The City's share of the cost shall be zero percent of the total signal cost. BE IT FURTHER RESOLVED,that the and • (Title) (Title) be and they are hereby authorized to execute the agreement for and on behalf of the City. Dated this day of , 19 STATE OF MINNESOTA ) )ss CERTIFICATION CITY OF SHAKOPEE ) I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to • and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held in the City Hall at Shakopee,Minnesota,on the day of , 19 ,as disclosed by the records of the City Council in my possession. By: Title: • -6- AGREEMENT NO.77717 • CITY OF SHAKOPEE SIGNATURE ACKNOWLEDGMENT STATE OF ) ss COUNTY OF • This instrument was acknowledged before me on this day of , 199 by the (Name) (Title) and the (Name) (Title) of the City of Shakopee and did execute this instrument on behalf of the city intending to be bound thereby. • (Notary Seal) NOTARY PUBLIC My Commission Expires: • -7- AGREEMENT NO.77717 CORPORATE ACKNOWLEDGMENT FOR THE UNION PACIFIC RAILROAD COMPANY. STATE OF , _ )ss COUNTY OF • On this/'1 day of ,F ' '" "`' . 199 r,before me appeared to me personally known,who being by me duly sworn, did say that they are respectively ,,iv v and of , a corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was executed in behalf of the corporation by authority of its board of director; and they acknowledged the instrument to be the free act and deed of the corporation. (N ttBBlOTARYHA.StateHOW of Ne ska _j"'� RUT My Comm.Exp.No . 000 Q NOTARY PUBLIC -8- Western Transportation Co. I 0R/`f 1014 1 • lol Creek1 (...) �� i Rice Lake \ iab z T116 �` R23W 36i 6�R22W { + IA 0 CARVER I 1 i ® T115 , �z it t\�— "'CR� _\T_.wz. •„‘ _\,,,_ \7 —C\� —\\: c.T.1 r�Minnesota SCOTT CO. • T116N / ( I64 R23N 35 36 3p3 4a Trailer urt TI 15 I R23W 8 V ��Le 30�J QA oils,., B�Ufmis f �� 7, GOANAUGH IIW 1ST A Alalli :In ..... _ ���® pVE• t......... v wet r'? • BROOK U• tr,_ 0. _ �' * r� �I AVE NP`PC) c®' aS - = ��'_ �`- *`®�®�.:�aVE'�� 08 . % , `Q / �r�., r1''r`L' ,r/ 4th 1 W �� .,113 02"4.1 q 12116,_ ....4 AVE. II a d a v 1. • • cil 5 17.,O J' U1�14 f� 6•���0®®, J' vE €4sr . / ' E plArb,-;STcocci,/N F4C 40 or / iir r S F- t%• .—' STATENY + �• EE „EVE" KOP EE •` o a AVE. ASO AKe��t REFORM. M. a I. a • r_ _ C' ' 3 F-- J N• J ~ • d[EIL ~ VE I a ' �M N % (� SPC N N WOMEIOthN a, o A o• ^ LOth AVE. /O I �Or ... 105 WI { f W l�. 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I o v-i_IL_ m < m c z \\w MENKE 104 z ,w�, u 4r CARkSp�R 2. 17 JL. > ' 2 LI o r `' c' Y IN �• CT, �P Cq LA. • 12th r l AVE. �— i / G• oc BVI 8404,04\'' 10.'0 < ' RFS " ` m x .MINI L1 OR:•. . o c,ce,, fOfNT/q a N ;C[ .N PRIMROSE CT. a Baa S La N m ..A•,..!&..•C�:........•/04 \\\ —�I 19 'a / ` / $' , a ni+ z o,,,<n l04 •h• — a �� z / / MOUND 12 7 i f•'• i• !. “At, I / SAND ST. 131 j1 p / a T115i �t 6_\\\ /R23W F?2W 7T La , z U J z z w a. 3 N O, H / liI r MINNESOTA DEPARTMENT OF TRANSPORTATION LIST OF MATERIAL AND LUMP SUM PRICE GRADE CROSSING SIGNAL PROJECT AGREEMENT NUMBER 77717 STATE PROJECT NO. 70-00110 UNION PACIFIC RAILROAD COMPANY FULLER STREET,MUN 44, SHAKOPEE,MINNESOTA (USDOTNO: 185332F) INSTALL UPGRADED CIRCUITRY Material $ 12,024.00 1 Motion Sensor 2000 1 Cragg 12 Volt Rectifier 1 Wideband Termination 6 GNB318 APH 2 Volt Battery 300ft #6 Twisted Track Wire 1 500 OHM H.D. 4PT Relay Total $ 12,024.00 The work consists of furnishing and installing new circuitry for the existing grade crossing signal system at this location. Mn/DOT will pay for the material to upgrade the circuitry. The Company will install the material at its own expense. EXHIBIT "B" PAGE 1 OF 1 s . PROJECT SUMMARY USDOTNO: 185332F AGREEMENT NO: 77717 TYPE OF PROJECT: SIGNALS: UPGRADE CIRCUITRY SURFACE: NONE STATE CROSSING NO: 70-02-301 STATE PROJECT NO: 70-00110 MN PROJECT NO: N/A ROAD DESIGNATION: MUN 0044 LOCATION: FULLER ST 394204Y CITY: SHAKOPEE RAILROAD: UNION PACIFIC RAILROAD ROAD AUTHORITY: CITY OF SHAKOPEE FILE NUMBER: F0554 SAFETY CODE: 5H Project Cost State Other Total Breakdown Funds Funds Project Cost Signal Work $12,024. 00 $0.00 $12,024.00 (100.% State) Surface Work $0.00 $0.00 $0.00 ( 0.% State) Subtotal $12, 024 .00 $0. 00 $12, 024.00 Construction Engineering (2%) N/A N/A N/A Total $12,024.00 $0. 00 $12,024.00 * NOTE: SOURCE OF OTHER FUNDING: SIGNALS-- 100% HSA FUNDS SURFACE-- -0- State Project: 70-00110 MN Project: N/A AGR: 77717 Safety Code: 5H Railroad: UP Location: FULLER ST 394204Y City: SHAKOPEE Date: 03/29/99 Exhibit: C Sheet 1 of 1 /s: c. 3 , CITY OF SHAKOPEE Memorandum ryo AAy , TO: Mayor& City Council Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Supervisor SUBJECT: Safety Program Consultant DATE: April 27, 1999 INTRODUCTION: On March 8, 1999, Bruce Loney, Public Works Director, submitted an informational memo to consider contracting with Safe Assure Consultants to establish State and Federal mandated safety programs, provide OSHA mandated training, perform "Simulated" OSHA inspections, workplace hazard assessments, design and provide OSHA documentation and assist in creating and advising a Safety Committee. The Public Works Department has a need to have a safety program established and documented, due to the activities associated with the department. In my correspondence with Safe Assure Consultants I have been aware that they will include other City offices and work environments in the safety program for no additional fee. BACKGROUND: The initial startup cost for the City of Shakopee to contract with Safe Assure Consultants to design and administer a safety program for the Public Works Department is $5,668.00. The cost of the program the following year is $4,000.00. The Public Works Department has $5,000.00 in its Street Miscellaneous Professional Service Budget. In order to get this program initiated, Safe Assure Consultants is willing to bill the Public Works Department for the second year of the contract up front, {$4,000.00}, in order to give us time to budget for the initial startup costs of$5,668.00 in the year 2000. If the City wishes to renew the contract with Safe Assure Consultants annually, the Public Works Department would have to budget around $,4000.00 every year. It is imperative that the City becomes compliant with various State Statutes and also provides a safe working environment. ALTERNATIVES: 1. Authorize the Public Works Department to contract with Safe Assure Consultants to design and administer an OSHA compliant safety program for the Public Works Department at a cost of$4,000.00 for 1999 and to budget $5,668.00 for the year 2000. The cost for 1999 would be funded from the Street Professional Service Budget. 2. Do not contract with Safe Assure Consultants at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends that Council approve to contract with Safe Assure Consultants to design and administer an OSHA compliant safety program for the Public Works Department for a cost of$4,000.00 for 1999 and to budget $5,668.00 for the year 2000. The cost for 1999 would be funded from the Street Professional Service Budget. ACTION REQUESTED: Move to authorize to enter into contract with Safe Assure Consultants to design and administer an OSHA compliant safety program for the Public Works Department for a cost of$4,000.00 for 1999 and to budget $5,668.00 for the year 2000. The cost for 1999 would be funded from the Street Professional Service Budget. ,/! Michael Hullander Public Works Supervisor roP0 Foy Citil of Shakopee March 1T , 1999 44 { The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety'and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. The required standards that apply to The City of Shakopee are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work place Accident & Injury program that promotes safe & healthful working conditions EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in writing and shall cover the designated actions employers & employees must take to insure employee safety from fire & other emergencies". CONTROL OF HAZARDOUS ENERGY-- 29 CFR 1910.147 & MN Statute 5207.0600 "Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section". HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate protective measures to employees may include, but is not limited to,provision for: development & maintaining a written hazard communication program for the work place... " RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment _ POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 . ,. , "Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks". CONFINED SPACE 29 CFR 1910.146 If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels, and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practices not covered in an O.S.H.A. Standard may be covered under section 5(a)(1) of the act, which states: Each employer shall furnish to each of (their) employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to (their) employees. " In the interest of Quality Safety Management, it is recommended that written procedures and documented employee training also be provided for the following Subparts.(Subparts represent multiple standards) 1926 Subpart C - General Safety and Health Provisions 1926 Subpart D - Occupational Health and Environmental Controls 1926 Subpart E - Personal Protective and Life Saving Equipment 1926 Subpart F - Fire Protection and Prevention 1926 Subpart H - Materials Handling, Storage, Use, and Disposal 1926 Subpart I - Tools - Hand and Power 1926 Subpart K - Electrical 1926 Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors 1926 Subpart P - Excavations 1926 Subpart X - Ladders 1926 Subpart Z - Toxic and Hazardous Substances 1910 Subpart D - Walking Working Surfaces 1910 Subpart G - Occupational Health and Environmental Control 1910 Subpart H - Hazardous Materials 1910 Subpart I - Personal Protective Equipment 1910 Subpart J - General Environmental Controls 1910 Subpart K - Medical and First Aid 1910 Subpart L - Fire Protection 1910 Subpart M - Compressed Gas and Compressed Air Equipment 1910 Subpart N - Materials Handling and Storage 1910 Subpart 0 - Machinery and Machine Guarding 1910 Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment 1910 Subpart S - Electrical 1910 Subpart Z - Toxic and Hazardous Substances All training will meet or exceed all State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do nat include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Shakopee to obtain as required to comply with OSHA standards. Our training year will begin on the signing of this proposal. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents produced by SafeAssure Consultants for The City of Shakopee are for the sole and express use of The City of Shakopee and its employees and not to be shared, copied or used by any division, department, subsidiary or parent organization without the prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions, when made during a contract year, will be made at no additional cost to The City of Shakopee SafeAssure consultants does not take responsibility for financial loss due to OSHA fines or any other factors within The City of Shakopee SAFETY PROGRAM RECOMMENDATIONS City of Shakopee Written Programs & Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • write site specific program • documented training of all personnel • accident investigation • two documented simulated OSHA inspections • safety committee advisor Employee Right to Know/Hazard Communication • write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • create and maintain hazardous substance list • create and maintain MSDS manual Lock Out/Tag Out (Control of Hazardous Energy) • write site specific program • documented training of all personnel • write and post procedures for all applicable machinery Emergency Action Plan • write site specific program • documented training of all personnel • develop and promote procedures and maps • conduct documented practice drills Respiratory Protection • write site specific program • documented training of all personnel • required fit tests Hearing Conservation (Occupational Noise Exposure) • write site specific program • documented training of all personnel • decibel testing and documentation Personal Protective Equipment • write site specific program • documented training of all personnel Confined Space • write site specific program • documented training of all personal Trenching & Excavation (competent person) • write site specific program • documented training of all personnel General Safety Requirements • write site specific program • documented training of all personnel Miscellaneous • Workplace Hazard Assessment • training manual maintenance • documented foot-candle readings • OSHA record keeping • General Duty Clause • assistance during an actual OSHA inspection • general safety recommendations City of Shakopee 1999 TENTATIVE TRAINING SCHEDULE March, 99 OSHA RECORDKEEPING SAFEASSURE MONITORING SAFEASSURE SIMULATED OSHA INSPECTION SAFEASSURE April PROGRAM WRITING/RECORDKEEPING SAFEASSURE May EMPLOYEE RIGHT TO KNOW (GENERAL) ALL PERSONNEL EMPLOYEE RIGHT TO KNOW (SPECIFIC) AS REQUIRED A.W.A.I.R. ALL PERSONNEL June PROGRAM WRITING/RECORDKEEPING SAFEASSURE July EMERGENCY ACTION PLAN ALL PERSONNEL CONFINED SPACE AS REQUIRED August PROGRAM WRITING/RECORDKEEPING SAFEASSURE September P.P.E. AS REQUIRED L.O.T.O. AS REQUIRED RESPIRATORS AS REQUIRED October PROGRAM WRITING/RECORDKEEPING SAFEASSURE November TRENCHING / EXCAVATIONS AS REQUIRED HEARING CONSERVATION AS REQUIRED SIMULATED OSHA INSPECTION SAFEASSURE December PROGRAM WRITING/RECORDKEEPING SAFEASSURE January, GENERAL SAFETY REQUIREMENTS ALL PERSONNEL 00 MOTOR VEHICLES AS REQUIRED QUIZ ALL PERSONNEL February PROGRAM WRITING/RECORDKEEPING SAFEASSURE 04/19/1999 15:22 3202311405 SAFEASSURE nOr PAGE 02 durationSafeAssure Consultants will act els a consultant During the twelve-month of this program f t R to, and/or perform the function of Safety Manager forThe City of Shakopee = Y'" t 3 k mt r The options of payment for all required programs and procedures are listed below. a0 Total cult — $6298.00 Discount if ped on signing 1O% — 630.00 Total if paid on signing = $5668.00 $4000.00 will be paid on signing and the balance of $1668.00 will be payable in the year 2000. Year 2000 additional contract amount is estimated at approximately $4000.00 The Cht of Shakopee Date Safe re Coasukants Date SaleAtuare Consultants Date Qa The total cost without discount is $6298.00 payable in four quarterly payments of$1574.00. The first payment due on the signing of this proposal. The City of Shakopee Date Sage Consultants Date SafeAiure Consultants Date The above options and cost analysis are valid through 30 days of proposal date. #.500,Mee We Speckles' isci CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 1999 Sidewalk/Trail Improvements,Project No. 1999-4 DATE: May 4, 1999 INTRODUCTION: Attached is Resolution No. 5133, which approves the plans and specifications and authorizes staff to advertise for bids for the 1999 Sidewalk and Trail Improvements, Project No. 1999-4. BACKGROUND: On November 17, 1998, the City Council approved a motion authorizing staff to survey and begin design for bituminous trail improvements for the Upper Valley Drainageway north of Vierling Drive and for a sidewalk along the west side of Marschall Road, from Vierling Drive to 11th Avenue. Plans have been completed by City staff and the next step in the process is for Council to approve these plans and order advertisement for bids. For the bituminous trail relocation along the Upper Valley Drainageway, north of Vierling Drive to Goldenrod Lane, staff has met with the residents adjacent to the trail construction on two occasions. Staff has looked at several alternatives in relocating the bituminous trail north of the drainageway to higher ground. The final design alternative is to relocate the trail at least three feet above the Upper Valley Drainageway bottom in order to keep the trail out of any stormwater flow for at least a 5 year design storm. This design alternative also met many of the resident's concerns of keeping the trail down in the channel, in which the trail will not be as visible or as close to their single family residences. Also with this design, almost all of the trail can be constructed within the existing property owned by the City except for construction easements that are needed to properly slope the new trail with the property lots. Construction costs for this bituminous trail relocation is approximately $40,000.00 and would be paid for by a combination of Capital Improvement Funds and Storm Drainage Funds to repair storm sewer outlets and inlets adjacent to the trail. On the new sidewalk installation along Marschall Road, from Vierling Drive to 11th Avenue, staff has completed this design and can construct the improvements within the existing right-of-way of Scott County. The City will need a Scott County Highway permit in order to construct this improvement and indications are that this will be forthcoming. The construction costs for the sidewalk along CSAH 17 is $45,575.00. The total cost of the two projects with 10% contingency and 25% Engineering/Administration is estimated to be $117,000.00. Previous estimates for these projects were $97,000.00. Funding of both projects will be Capital Improvement Funds and Storm Drainage Funds. Plan sheets for the two projects will be presented at the Council meeting and staff is requesting approval of these plans in order to advertise for bids. ALTERNATIVES: 1. Adopt Resolution No. 5133. 2. Deny Resolution No. 5133. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to approve plans and specifications in order to proceed with this project and to construct these improvements this year. ACTION REQUESTED: Offer Resolution No. 5133, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 1999 Sidewalk and Trail Improvements, Project No. 1999-4 and move its adoption. b �Bruce Loney Public Works Director BL/pmp MEM5133 OPINION OF PROBABLE COST 1999 SIDEWALK/TRAIL IMPROVEMENTS DATE:4/29/99 PROJECT NO. 1999-4 BY: LRO SCHEDULE A - BITUMINOUS TRAIL RELOCATION ALONG THE UPPER VALLEY DRAINAGEWAY FROM VIERLING DRIVE TO GOLDENROD LANE ITEM NO DESCRIPTION UNITS QTY UNIT$ TOTAL$ 1 REMOVE BIT PATH 350 SY $ 4.00 $ 1,400.00 2 SALVAGE FES 1 EA $ 200.00 $ 200.00 3 SALVAGE 48"RCP 42 LF $ 15.00 $ 630.00 4 96"STORM MH W/CASTING(7.5'BUILD) 1 EA $8,000.00 $ 8,000.00 5 INSTALL SALVAGED 48"RCP 20 LF $ 35.00 $ 700.00 6 RETAINING WALL 300 SF $ 18.00 $ 5,400.00 7 GRANULAR BORROW(CV) 150 CY $ 7.00 $ 1,050.00 8 COMM EXC(PLAN QUANTITY) 300 CY $ 6.00 $ 1,800.00 9 8"BIT PATH 935 SY $ 12.00 $ 11,220.00 10 TRANSPLANT LANDSCAPING 25 EA $ 35.00 $ 875.00 11 INSTALL CABLE CRETE(SEE SPEC.PROV.) 350 SF $ 8.00 $ 2,800.00 12 SEED AND MULCH 0.5 AC $ 750.00 $ 375.00 13 SOD 2000 SY $ 2.50 $ 5,000.00 SUBTOTAL-SCHEDULE A $ 39,450.00 SCHEDULE B -CONCRETE WALK ON MARSCHALL ROAD FROM VIERLING DRIVE TO 11TH AVENUE ITEM NO DESCRIPTION UNITS QTY UNIT$ TOTAL$ 1 SALVAGE FES 1 EA $ 200.00 $ 200.00 REMOVE CURB 40 LF $ 5.00 $ 200.00 2 48"STORM MH W/CASTING(4'BUILD) 1 EA $1,200.00 $ 1,200.00 3 27"CB W/B-HIVE NEENAH R-2560-EB(2.5'BUILD) 1 EA $ 750.00 $ 750.00 4 12"RCP CL 2 65 LF $ 35.00 $ 2,275.00 5 GRANULAR BORROW(CV) 200 CY $ 7.00 $ 1,400.00 6 COMM EXC(PLAN QUANTITY) 900 CY $ 6.00 $ 5,400.00 7 RELOCATE HYD AND GV 2 EA $1,750.00 $ 3,500.00 8 RELOCATE POWER POLE AND GUY 1 EA $1,500.00 $ 1,500.00 9 ADJUST STRUCTURES 2 EA $ 100.00 $ 200.00 10 ADJUST GV 2 EA $ 50.00 $ 100.00 11 4"CONC WALK 9500 SF $ 2.00 $ 19,000.00 B618 CURB&GUTTER 40 LF $ 15.00 $ 600.00 12 TRANSPLANT LANDSCAPING 50 EA $ 35.00 $ 1,750.00 13 SOD 3000 SY $ 2.50 $ 7,500.00 SUBTOTAL-SCHEDULE B $ 45,575.00 CONSTRUCTION TOTAL SUBTOTAL-SCHEDULE A $ 39,450.00 SUBTOTAL-SCHEDULE B $ 45,575.00 TOTAL $ 85,025.00 PLUS 10% CONTINGENCY $ 8,502.50 TOTAL $ 93,527.50 PLUS 25%ADMIN./ENGR FEES $ 23,381.88 GRAND TOTAL $116,909.38 RESOLUTION NO. 5133 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The 1999 Sidewalk And Trail Improvements Project No. 1999-4 WHEREAS, pursuant to a Council motion adopted by City Council on November 17, 1998, Bruce Loney, Public Works Director has prepared plans and specifications for the 1999 Sidewalk & Trail Improvements by installation of bituminous trail, concrete sidewalk, retaining walls,storm sewer and any other appurtenant work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. 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 . MEMO ON TABLE CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 1999 Sidewalk/Trail Improvements, Project No. 1999-4 DATE: May 4, 1999 INTRODUCTION: This Council agenda item is for consideration of approving plans and specifications and authorizing staff to advertise for bids for the 1999 Sidewalk/Trail Improvements, Project No. 1999-4. BACKGROUND: Attached to this memorandum is a Revised Opinion of Probable Costs for the bituminous trail relocation along the Upper Valley Draingeway, from Vierling Drive to Goldenrod Lane. This Opinion of Costs includes the extension of the 36" outlet pipe for the Upper Valley Drainageway in this area. By extending this storm sewer outlet, the trail connection in this area will be more gradual and will eliminate a maintenance problem area for the Public Works Department with the difficulty in maintaining slopes in this area. The revised construction costs for the bituminous trail relocation is approximately $50,950.00 and would be paid for by a combination of Capital Improvement Funds and Storm Drainage Funds. If Council agrees to relocate the bituminous trail along the Upper Valley Drainageway, from Vierling Drive to Goldenrod Lane, staff would recommend this alternative be included as this would be the overall best alternative in relocating the trail and improving the drainage system for maintenance purposes. Staff will present design alternatives at the meeting. The action for Council to consider is still Resolution No. 5133, a resolution approving plans and specifications and ordering the advertisement for bids for the 1999 Sidewalk and Trail Improvements,Project No. 1999-4, as requested in the prev'ous Council memo. Bruce Loney Public Works Director BL/pmp MEMO OPINION OF PROBABLE COST 1999 SIDEWALK/TRAIL IMPROVEMENTS DATE:5/4/99 PROJECT NO. 1999-4 BY:LRO SCHEDULE A-BITUMINOUS TRAIL RELOCATION ALONG THE UPPER VALLEY DRAINAGEWAY FROM VIERLING DRIVE TO GOLDENROD LANE (ALTERNATE A) ITEM NO DESCRIPTION QTY UNITS UNIT$ TOTAL$ 1 REMOVE BIT PATH 350 SY $ 4.00 $ 1,400.00 2 SALVAGE FES 1 EA $ 200.00 $ 200.00 3 SALVAGE 48"RCP 42 LF $ 15.00 $ 630.00 4 96"STORM MH W/CASTING(7.5'BUILD) 1 EA $8,000.00 $ 8,000.00 5 36"RCP CL 2 120 LF $ 75.00 $ 9,000.00 6 INSTALL SALVAGED 48"RCP 20 LF $ 35.00 $ 700.00 7 RETAINING WALL 300 SF $ 18.00 $ 5,400.00 8 GRANULAR BORROW(CV) 150 CY $ 7.00 $ 1,050.00 9 COMM EXC(PLAN QUANTITY) 300 CY $ 6.00 $ 1,800.00 10 COMMON BORROW(CV) 1000 CY $ 2.50 $ 2,500.00 11 8"BIT PATH 935 SY $ 12.00 $ 11,220.00 12 TRANSPLANT LANDSCAPING 25 EA $ 35.00 $ 875.00 13 INSTALL CABLE CRETE(SEE SPEC. PROV.) 350 SF $ 8.00 $ 2,800.00 14 SEED AND MULCH 0.5 AC $ 750.00 $ 375.00 15 SOD 2000 SY $ 2.50 $ 5,000.00 SUBTOTAL-SCHEDULE A $ 50,950.00 SCHEDULE B -CONCRETE WALK ON MARSCHALL ROAD FROM VIERLING DRIVE TO 11TH AVENUE ITEM NO DESCRIPTION QTY UNITS UNIT$ TOTAL$ 1 SALVAGE FES 1 EA $ 200.00 $ 200.00 2 REMOVE CURB 40 LF $ 5.00 $ 200.00 3 48"STORM MH W/CASTING(4'BUILD) 1 EA $1,200.00 $ 1,200.00 4 27"CB W/B-HIVE NEENAH R-2560-EB(2.5'BUILD) 1 EA $ 750.00 $ 750.00 5 12"RCP CL 2 65 LF $ 35.00 $ 2,275.00 6 GRANULAR BORROW(CV) 200 CY $ 7.00 $ 1,400.00 7 COMM EXC(PLAN QUANTITY) 900 CY $ 6.00 $ 5,400.00 8 RELOCATE HYD AND GV 2 EA $1,750.00 $ 3,500.00 9 RELOCATE POWER POLE AND GUY 1 EA $1,500.00 $ 1,500.00 10 ADJUST STRUCTURES 2 EA $ 100.00 $ 200.00 11 ADJUST GV 2 EA $ 50.00 $ 100.00 12 4"CONC WALK 9500 SF $ 2.00 $ 19,000.00 13 B618 CURB&GUTTER 40 LF $ 15.00 $ 600.00 14 TRANSPLANT LANDSCAPING 50 EA $ 35.00 $ 1,750.00 15 SOD 3000 SY $ 2.50 $ 7,500.00 SUBTOTAL-SCHEDULE B $ 45,575.00 CONSTRUCTION TOTAL SUBTOTAL-SCHEDULE A $ 50,950.00 SUBTOTAL-SCHEDULE B $ 45,575.00 TOTAL $ 96,525.00 PLUS 10% CONTINGENCY $ 9,652.50 TOTAL $106,177.50 PLUS 25%ADMIN./ENGR FEES $ 26,544.38 GRAND TOTAL $132,721.88 )5;C•%.5. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Ordering Feasibility Report for Vierling Drive Improvements from CSAH 17 (Marschall Road) to Miller Street DATE: May 4, 1999 INTRODUCTION: Staff is anticipating receiving a petition for public improvements on Vierling Drive, from CSAR 17 (Marschall Road) to Miller Street, from the developers of Vierling Plaza. The purpose of this agenda item is for Council to decide whether to order the feasibility report at this time. Attached is Resolution No. 5121 for Council consideration and to order the preparation of a feasibility report. BACKGROUND: The developers of Vierling Plaza will petition the City for the improvements of street widening, concrete curb & gutter, storm sewer, street lighting, sidewalk, bituminous trail and appurtenant work for Vierling Drive, from CSAH 17 (Marschall Road) to Miller Street. The developers of Vierling Plaza have indicated they are willing to provide the City with a financial security to cover the cost of the feasibility report. Also, with the platting of Vierling Plaza, right-of-way will be dedicated for the project. By ordering the preparation of a feasibility report, this does not constitute approval of any kind, thus preparation of a feasibility report can begin for this project if Council so desires. The reason to begin the report at this time is to start the public improvement process in order to complete the project this year before the proposed Big K store would open this Fall. Attached is a tentative project schedule for the various steps in a public improvement project. The construction of the Vierling Drive widening with turn lanes to facilitate traffic in the commercial area was included in the Capital Improvement Program (CIP) for construction in 2000. Attached is a copy of the worksheet taken from the CIP. Also attached is an extension agreement from WSB & Associates, Inc. to prepare the feasibility report for this project, as City Engineering staff is unable to prepare this report at this time. WSB & Associates has the transportation and traffic engineering expertise necessary for this type of project. ALTERNATIVES: 1. Move to approve Resolution No. 5121, a resolution ordering the preparation of a feasibility report for Vierling Drive, from CSAH 17 (Marschall Road) to Miller Street. 2. Do not approve Resolution No. 5121. 3. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant services on the preparation of a feasibility report for Vierling Drive, from CSAH 17 (Marschall Road) to Miller Street. 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, since the ordering of a feasibility report is necessary to begin this public improvement project process in order to complete this project this year and before the proposed Big K store is opened. ACTION REQUESTED: 1. Offer Resolution No. 5121, A Resolution Ordering the Preparation of a Feasibility Report for Vierling Drive, from County State Aid Highway 17 (Marschall Road) to Miller Street. 2. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant services on the preparation of a feasibility report for Vierling Drive, from CSAH 17 (Marschall Road) to Miller Street. o// 1141-7 ad)Lone Public Works Director BL/pmp MEM5121 PROPOSED PROJECT SCHEDULE IF APPROVED BY COUNCIL FOR VIERLING DRIVE - EAST OF MARSCHALL ROAD - (ASSESSMENT HEARING AFTER PROJECT COMPLETION) PROJECT ITEM DESCRIPTION DATE 1. Order Preparation of Feasibility Report May 4, 1999 2. Accept Feasibility Report& Set Public Hearing Date May 18, 1999 3. Informational Meeting June 8, 1999 4. Public Hearing &Project Approval & Ordering June 15, 1999 Preparation of Plans 5. Plan Approval July 20, 1999 6. Bid Opening August 16, 1999 7. Council Award of Bid August 16, 1999 8. Construction Starts August 25, 1999 9. Council Declares Cost to be Assessed&Establishes October 5, 1999 Assessment Hearing Date Based on Project Costs 10. Project Final Completion October 22, 1999 11. Assessment Hearing Based On Project Costs November 2, 1999 Y-l` Y � e w` ,., -.L6--t ,44:".?-",:t4, r+ '3,. wt: ^' 4 .'4' '..ri Yr it' r 171 Ii R. o. 1:-.7 . !.ice-4 is ill � � � � o * m aS g r. �... r.� nI� VC 0 7 11 7 7 ? a a . m , �' ,.. 1i,:4444"..1 aaana »a: � 0o -{ �1m c 1 #' •t` �� 277 4 AN ^ o. �_. • :a0®y, mt. 11!1_,:,,,. u.".....:...:,,,. ,...,, . . .. . , a 7m it ii\ E___ 1;;4:4" i,"i11,415 0 • N n.1 N 0 Z N N o al csi o ut r 5` V7 C O O O O 0, 0 0 O 0 O o C to c. -o m 4 '� p O c N O oh O y.3 n (51.---5 _ a 7 ° co Et A p p 3 3 51 -. - co I' v a C) 0 o _,E3CD tcc o o � = c 3f Fn) m300 ' m i am = d - n °c. 5• d i 2:0 i3g .mm2. . ' 0 m e 3 m o c 3 �. A .p v. : -p 3 tt] 0 = _ a 8 ` 3 oco E. > > C. D p m - m m = 3 y G co N -+ O V ; (3p n C N co n a -� N _ m 0 0) • • 00 O CO fm) • 0 . 0 • N Opp i, --;,..F.,, . A N z-,.. '• i O . ' . O O i,,-,k,.,' •' Xw ,„„ik tip up -. ____LE 3. I� &M feilip . . 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W J 11* et‘ age 1� � ©4. 8 t�OS����, 0 .� 4► II � s40 . 2■s o._.th. �i.©i �► FILE NAME: Q:\VIERL_WIDE\FEASIBILITY\VIERWIDE_L❑C_MAP,DWG RESOLUTION NO. 5121 A Resolution Ordering The Preparation Of A Report For Vierling Drive,From County State Aid Highway 17 To Miller Street WHEREAS, it is proposed to improve Vierling Drive, from County State Aid Highway 17 to Miller Street by street widening, concrete curb & gutter, storm sewer, street lighting, sidewalk, bituminous trail and any appurtenant work and to assess the benefitted property for all or a portion of the cost of the improvement,pursuant to Minnesota Statutes,Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement,and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk Y B.L . 1 V I 350 Westwood Lake OfficeBretiLlriss - _. 8441 Wayzata Boulevard i .act_x. `'°` `' w �f �B Minneapolis, MN 55426 612-541-4800 1 _ &Associates,Ing FAX 541-1700 May 4, 1999 Mr.Bruce Loney,P.E. -- ________ '"Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Estimate of Cost to Provide Engineering Services Vierling Drive-CSAH 17 (Marschall Road)to Miller Street WSB Project No. 1172.00 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project. We are proposing to complete the work, as detailed on the attached scope of services (Exhibit A). The attached work plan describes the approach and tasks proposed to be completed by WSB. It should be noted that the work plan includes design surveying and feasibility report. Payment of services would be completed by the following schedule: Design surveying and base map (cost-reimbursable) estimated $2,000 Feasibility report(cost-reimbursable; not to exceed) $3,000 Total $5,000 It is proposed that all work under the contract would be considered complete after the public hearing and acceptance of the feasibility report by City Council. We are available to begin the work plan as soon as authorized by the City, and we anticipate to complete the project according to the following schedule, assuming that we receive the notice to proceed on May 4, 1999. We would propose to complete the project according to a tentative schedule noted as follows: Order Feasibility Report May 4, 1999 Accept Feasibility Report and Order Public Hearing May 14, 1999 Informational Meeting June 5, 1999 Public Hearing,Project Approval and Order Plans June 15, 1999 Infrastructure Engineers Planners p:IppMll7Z001043099 bl.wpd EQUAL OPPORTUNITY EMPLOYER Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee May 4, 1999 Page 2 The City of Shakopee agrees to reimburse WSB&Associates for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval, please sign below and return one copy to our office. Sincerely, WSB&Associates,Inc le,^4.•tot •I i?"7 Ronald B. Bray,P.E. City Administrator Vice President City Clerk c: Bret Weiss, WSB & Associates Mayor Date nm F:I WPWIM 1172.001043099-b1.wpd Exhibit A Vierling Drive - CSAH 17 (Marschall Road) to Miller Street City of Shakopee, MN WSB Project No. 1172.00 WORK PLAN • Project Management This task includes planning and coordination of all work tasks, establishment and monitoring of budgets,and correspondence with the City of Shakopee on a periodic basis. The project manager will provide technical direction on all aspects of the project,review all work products,and prepare monthly progress reports. The project manager will serve a primary role in the many design considerations. • Data Collection All available data will be collected from the City,Scott County,Mn/DOT,private utility companies, and adjacent developers as necessary,to prepare the feasibility report. • Surveys/Base Mapping Base mapping will be developed, using information available from the Scott County/City of Shakopee and the developers adjacent to the roadway. This information will be supplemented with field surveys for topographic features, elevation control, and specific utility location. Horizontal control will be tied into the Scott County Coordinate System. Vertical control will be tied into existing elevations established by the City of Shakopee/Scott County in the project vicinity. Field surveying will be completed to acquire additional critical design information not available on the topographic mapping and cross-sections on 100-foot intervals throughout the areas anticipated to be disturbed and graded. • Soils Report Soils information will be used from previous construction and adjacent developers. • Report Preparation This task will include development of the feasibility report including cost estimates and assessment roll. • Public Hearing WSB will attend the public hearing to address any concerns and answer any questions on the feasibility report. 1 F:IWPWTM1172.0044hawpd /5". D. 1, CITY OF SHAKOPEE Memorandum CC"'r'" la To: Honorable Mayor, City Council Mark McNeil, City Administrator From: Dan Hughes, Chief of Police Date: April 23, 1999 Subject: Successful Completion of Probation Introduction The Police Department is taking this opportunity to notify the City Council that the services of Police Records Technician Tracy Menden have been satisfactory and recommend she be retained in the position of Police Records Technician as authorized by Section VIII, paragraph H-4 of the Personnel Handbook. Background The City Council authorized the reclassification of Tracy Menden from a Clerk Typist Ito a Police Records Technician effective November 1, 1998. Ms. Menden has performed the responsibilities of the position in a satisfactory manner over the past six months. Action Requested If Council concurs, they should, by motion acknowledge the satisfactory completion of probation - •d authorize the retention of Tracy Menden as a Police Records Technician effectiv ., 1, 1999. an Hughes Chief of Police CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Shakopee Lions Club Gambling License DATE: April 27, 1999 INTRODUCTION & BACKGROUND: The Shakopee Lions Club is making application to renew their premises permit for their gambling activities at Babe's Place. They are in compliance with the Shakopee City Code. RECOMMENDED ACTION: Offer Resolution No. 5126, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the Shakopee Lions Club, and move its adoption. Judi . Cox, City Clerk RESOLUTION NO.5126 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PREMISES PERMITS FOR THE SHAKOPEE LIONS CLUB WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS,the Shakopee Lions Club is seeking renewal of their premises permit through July 31, 2001,Babe's Place, 124 South Holmes Street, Shakopee,Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the premises permit for the Shakopee Lions Club at the following locations are hereby approved: Babe's Place, 124 South Holmes Street, Shakopee, Minnesota. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 4th day of May, 1999. Mayor of the City of Shakopee ATTEST: City Clerk /S6 , ,Z . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: V.F.W. Post #4046 Gambling License DATE: April 27, 1999 INTRODUCTION & BACKGROUND: The V.F.W. Post #4046 is making application to renew their premises permits for their gambling activities at 1201 East 3rd Avenue and at Turtle's Bar & Grill at 132 East 1st Avenue. They are in compliance with the Shakopee City Code. RECOMMENDED ACTION: Offer Resolution No. 5125, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the V.F.W. Post #4046, and move its adoption. RESOLUTION NO. 5125 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PREMISES PERMITS FOR THE V.F.W.POST#4046 WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits; and WHEREAS, the V.F.W. Post #4046 is seeking renewal of their premises permits through July 31, 2001, for the following locations: V.F.W. Post #4046 at 1201 East 3rd Avenue and Turtle's Bar &Grill at 132 East 1st Avenue, Shakopee, Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That the premises permits for the V.F.W. Post #4046, at the following locations are hereby approved: 1201 East 3rd Avenue and 132 East 1st Avenue, Shakopee,Minnesota. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 4th day of May, 1999. Mayor of the City of Shakopee ATTEST: City Clerk /37 E.\3 CITY OF SHAKOPEE Memorandum CNS TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Appointment-Prior Lake/Spring Lake WMO Board DATE: April 29, 1999 INTRODUCTION: The Council is asked to recommend to the Scott County Board of Commissioners the reappointment of Larry Mueller as the Shakopee Representative. BACKGROUND: The attached letter dated April 12th from County Administrator Dave Unmacht requests a City recommendation for an appointment to the Prior Lake/Spring Lake Watershed District Board. Larry Mueller has been serving on a term which will expire May 14th. He has indicated a desire to be reappointed. The Council was asked for any other nominations,but none were submitted. As such, action should be taken to recommend reappointment for Mr. Mueller. RECOMMENDATION: Council should recommend the appointment of Larry Mueller. ACTION REQUIRED: If the Council concurs, it should,by motion, recommend that Larry Mueller be recommended to the Scott County Board for reappointment for a term on the Prior Lake/Spring Lake Watershed District Board. kua Mark McNeill City Administrator MM:tw Ilir SCOTT COUNTY OFFICE OF THE ADMINISTRATOR COURTHOUSE 110 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1382 (612)496-8100 DAVID J. UNMACHT Fax: (612)496-8180 COUNTY ADMINISTRATOR dunmacht@co.scott.mn.us http://www.co.scott.mn.us April 12, 1999 Mr. Mark McNeill Shakopee City Administrator 129 South Holmes Shakopee, MN 55379 Re: Appointment of Manager to the Prior Lake/Spring Lake Watershed District Board Dear Mr. McNeill: Pursuant to Minnesota Statute §112.42 and the Scott County policy on Citizen Appointments to Scott County Advisory Boards and Committees, the Board of Commissioners of Scott County is requesting your nominations for the appointment of a manager to the Prior Lake/Spring Lake Watershed District Board of Managers. On May 14, 1999, the term of Larry Mueller will expire. Mr. Mueller has expressed interest in serving an additional term on the Board of Managers. In accordance with Minnesota Statute §112.42, no person shall be appointed who is not a voting resident of the watershed district, and none shall be a public officer of the County, State, or Federal government, except that a soil and water conservation district supervisor may be appointed as a manager. The Board of Commissioners requests that you submit your recommendations for this appointment as soon as possible. Please contact your County Commissioner or submit your recommendation to this office. Thank you for your attention to this matter.1S' cerely, OA/ avid J. Unmacht ounty Administrator cc: County Commissioners Prior Lake/Spring Lake Watershed District Office An Equal Opportunity/Safety Aware Employer _ y CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Registrar Services DATE: April 7, 1999 Introduction Authority to retain outside registrar services for the Shakopee 84 Partnership bonds is requested. Background The City Clerk has been the registrar for the Shakopee 84 Partnership bonds which are commercial development revenue notes that the city issued. There is no financial obligation by the city for these bonds. The lack of expertise and time involved on the part of staff in dealing with this bond issue results in a recommendation by staff to retain outside services by U.S. Bank Trust national Association. U.S. Bank currently has the lowest fees. Cost is $250 initial fee and $200 plus transactional costs per year which could be minimal to an estimated $200 depending on events . Alternatives 1 . Status quo 2 . Retain registrar services Recommendation Retain registrar services. Action Move to authorize the proper city officials to take the necessary action to retain registrar services for the Shakopee 84 Partnership bonds . Gregg Voxland Finance Director C:\gregg\memo\ CITY OF SHAKOPEE Memorandum TO: Mayor and Council CONSENT, Mark McNeill, City Administrator -. FROM: Gregg Voxiand, Finance Director SUBJ: Interfund Transfers DATE: April 16, 1999 Introduction Council approval of interfund transfers is requested. Background Council is requested to approve the following interfund transfers: Transfer of TIF funds to Debt Service funds From Fund To Fund Amount 442 (TIF #1) 311 (1988B GO TIF) $125,000.00 442 (TIF #1) 319 (1992B TIF Ref) $114,300.00 442 (TIF #1) 321 (1993A TIF Ref) $37,200.00 422 (MEBCO) 319 (1992B TIF Ref) $21,716.33 424 (FMG) 321 (1993A TIF Ref) $177,865.91 444 (TIF #3) 319 (1992B TIF Ref) $14,028.93 Transfer to close 1993C TIF Debt Service Fund From Fund To Fund Amount 322 (93C DS) 321 (1993A TIF Ref) $122.27 Alternatives 1. ) Move to allow transfers. 2. ) Do not allow transfers. Recommendation The finance department requests that the transfers be approved. Action Move to approve the transfers for TIF funds and to close the 1993C Debt Service fund. Gregg Voxiand, Finance Director is,••• g. ‘." CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Southwest Suburban Publishing Request-Parking Lot DATE: April 29, 1999 INTRODUCTION: The Council is asked to consider removing from the table action discussed at the April 6th meeting. This concerns a request by Southwest Suburban Publishing to purchase the parking lot owned by the City,north of County Road 69 and east of Fuller Street extended. BACKGROUND: This issue was tabled at the April 6th meeting, so a motion to remove it from the table will be the first item of business. There was discussion by the City Council at the April 20th meeting,wherein Councilor Sweeney expressed concern about a potential delay of 60 days during which time members of the Vision Shakopee! group would review whether this proposal,outlined in the attached letter from Publisher Stan Rolfsrud,meets with the long term best interest of the downtown. Councilor DuBois had previously requested that Vision Shakopee! be allowed to review and comment,especially considering the number of issues concerning potential riverfront and downtown parking issues that are still in their formative review stages. Since then, Councilor DuBois has also asked for information relating to the following: • When was this property acquired by the City? • How was it acquired? • How much did the City pay for the property? • How large is the parking lot? In response to the above,we checked with the County Recorder's office. There are three separate deeds for five lots located north of the alley. They were acquired in February, April, and May, 1968,and appear to have been funded through the 1967 assessment project. Two are acquired through warranty deeds; one was through a probate deed. The City therefore owns these lots free and clear,with the exception of the most easterly lot (lot 6). Lot 6 shows a restriction on the easterly 20 feet of that lot(immediately adjacent to the Holmes Street bridge). The restriction goes back to the 1920's, and says, in effect, that no structure maybe constructed on or adjacent to the easterly 20 feet. (While it is too early to know any plans of a prospective development, it would appear that that restriction could be accommodated in the design. An alternative would be to take legal action to have the restriction removed.) The deeds do not show what purchase price there was for the lots. Note that the parking lot property south of the alley was acquired as a part of the 1993 downtown mini bypass project. MnDOT deeded all excess property to the City that remained from the mini bypass project. The parking lot is 35,950 square feet,or .825 acres in size. Mr. Rolfsrud has stated his desire to be flexible, and has indicated to me his willingness to incorporate whatever design standards the City would want to see, especially in view of the desire to pursue a"historic"downtown theme. Also,he has indicated that he is willing to purchase only the portion of the lot which is necessary for the building pad if the City wishes to retain the remainder for public parking. Obviously,parking for 65 newspaper employees at that location would be a primary concern. DISCUSSION: A previous City Attorney's opinion has indicated that because this is"real"property,the City is under no obligation to dispose of this property by means of a competitive bid. However, it should be noted that there is no timeframe for the Southwest Suburban proposal, in terms of when they would commence construction. OPTIONS: The Council has three options: 1. Simply decline the inquiry, and retain ownership of the lot for parking and/or future issues. 2. Direct that an appraisal be done to establish a value for the lot, and use that as a basis of negotiation for a potential sale to Southwest Suburban Publishing. 3. Advertise the property as being available,and seek any and all proposals for its disposition. A potential respondent might be asked to describe their proposal, including jobs created or transferred, a value of any improvements (so as to determine the property tax revenues), a potential schedule, and other relevant information. RECOMMENDATION: It appears that the Southwest Suburban proposal is consistent with what the City has been desiring for downtown revitalization. However, if the Council feels uncomfortable with considering only that proposal, an alternative might be to order that a limited RFP be sent out to gauge any other interest in the property. (In order to keep costs realistic, publication of the solicitation for the RFP might be done only locally, as compared to in the Twin Cities. ACTION REQUIRED: First, a motion to take this off the table for discussion purposes would be in order. Secondly, Council should give direction as to what, if any,action it wishes to see done regarding a response to the proposal of Southwest Suburban Publishing to purchase the above mentioned parking lot. XACL\k9U3lilt Mark McNeill City Administrator MM:tw f i";: U ,:::,11 -i Appcotc 42EA A 35,950a sr 0.825ac g Ir , { --, , z 6 tis t ,r. k v,,.r J f wY'� w y 1.. !I Y f _�/' ' . ,.... ,- ,:-',. . . . i l k '4"ir .--.' '-'..":4P,It'l';7' '. ;9*°1 11.' . ' '''''''' ' � r yy ' --V ::,:or''''''''''''''-1 ''''''''''''' ''',,,,ere.2.''''';; "".;*`•• ...._ :,.; -��.y,,,,---- ..... �,.,.. .,"4..,.- at �j _. 6 , , ,, : , , -4... .,,,,;•,' , ';''4 `5;.',.,',',5"t'''.*%,,::'''3.71 , ... I . , li • i� n ✓s CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Inquiry for Purchase - City Parking Lot DATE: April 1, 1999 INTRODUCTION: The Council is asked to give direction as to whether it is interested in pursuing a letter of inquiry from Southwest Suburban Publishing, regarding the purchase of a City-owned parking lot. BACKGROUND: For several years,the City has had a parking lot in the vicinity of the area north of First Avenue, and east of Fuller Street extended. With the construction of the mini bypass in the early 1990's, a parking lot at Fuller Street, and north of County Road 69 was expanded. Depending on the interpretation of the layout,between 76 and 99 spaces now exist. A letter dated February 23rd has been received from the publisher of Southwest Suburban Publishing. He is inquiring as to the availability of that lot for purchase by Southwest, as they are contemplating the possible construction of a new building in the downtown area. The sale of this parking lot was broached earlier by the Downtown Parking Committee, at least informally, as it is practically unused for parking. The Parking Committee's discussion was that, if the parcel could be sold,that money might be used to develop parking in other areas of the downtown which might be more readily utilized. DISCUSSION: The subject of downtown parking resurfaces on a regular basis,especially when discussion is made of changing the number of spaces. Much of the rationale for this stems to a belief that a 1967 project,which assessed downtown property owners for parking improvements, guaranteed that the City would perpetually provide at least that number of spaces for downtown parking. We can find no legal evidence that that was represented. However, even if it was,it is not to say that the City won't be providing additional parking when the demand presents itself in the future. Since 1967, some lots have been done away with, while others have been created. (So that the Council has an opportunity to more fully understand some of the discussion, representative memos concerning downtown parking inventory are attached). This case presents an opportunity for revenues which would develop parking in a more usable area. A previous suggestion has been to pave a portion of the library site for downtown employees. In order to determine what a possible sale price might be, an appraisal of the property should be made. That would form the basis of negotiations for the sale to Southwest Suburban, or any other interested party. Obviously,the possibility of 65 jobs moving into the downtown area presents benefits from an economic development standpoint. For this to be a viable business site,the City would have to formally go through with the Scott County Highway Department,the discussion of the reopening of the north leg of the Fuller/CR 69 intersection. Because it might mean the ability to remove the Scott Street signal,the preliminary response has been favorable. In addition,before a final decision is made by the City Council about parking in this area, some decision should be made regarding the old Lucy's Cafe property, located north and west of the intersection of C.R. 69 and Fuller Street. This is a remnant parcel which is owned now by Scott County. Scott County has inquired as to whether the City is interested in purchasing it; there has been a statement of interest from the owner of the Levee Drive Apartments for that property for their parking purposes. There should be some decision made this year on whether the City is interested in that for public parking purposes it could be developed for 18 to 20 spaces. No price has been established. RECOMMENDATION: If the Council is interested in pursuing further the potential sale of the parking lot to Southwest Suburban Publishing, it should direct that an appraisal be done as to establish a value. ACTION REQUIRED: If the Council concurs, it should indicate its interest in the potential sale of the above described parking lot for redevelopment purposes, and direct that a professional appraisal be done to establish a value. bA0-1AU,U-O Mark McNeill City Administrator MM:tw CC: Stan Rolfsrud, Southwest Suburban Publishing l Nk. .)r C 0 CD CD Atwood mom wawa St.um= ® .M. num 1 I I4,,)1 ', tv\\\ �\ It I ';')(-A m Ful l-e ri -, s,t. 1 k 71.: -mil NE , ,, 1 i - I _ / oil \ - , HolAies --1 St. . 541 --1 '4 9 I-. i==== , \ I tt;1' a I ,q4 .) ix ' tl'ON (el+) \ \ i .:,, . Lewis I St. _ _ to \ I o I ' / \vt.. \�z \ It •1 ' P i _ . I r Sommerville lift WINO St rillal 0 I 1 iik 0 / iiii ,.. 1 r‘4'4V`i 1 z mz Drk-3 6r Spencer i t iaSt. •— -•- *" .r ..,... „,, , Southwest Suburban Publishing • . PO Box 8 0 327 Marschall Road 0 Shakopee, Minnesota 55379 0 612-445-3333 February 23, 1999 Mark M,.Neill, City City of Shakopee 129 South Holmes Shakopee, MN 55379 Dear sir, I write today to inquire as to the availability of a parcel of land which, I believe, is presently owned by the City of {` 5f Shakopee. The parcel is located in the downtown area, just ,w-r5 > h4, north of County Road 69 at the termination of Fuller Street. } " 'Ne. ' It is presently marked and striped as a city parking lot. I do x� >� � not have a formal description of the parcel. �, I inquire on behalf of Red Wing Publishing Inc. , owner of s ° x "',I#r ,i; the Shakopee Valley News and associated area newspapers known ` � . as the Southwest Suburban Publishing group. Our local office has been at 327 Marschall Road since 1983. �:: w' " We are now considering the efficacy of constructing a • �$ P Y # '; newspaper building to address our changing needs. We occupy "`, ' r 8, 000 square feet at our present site; a new building would be r., ' considerably larger. Our group employs 65; a majority work at � ti�%%-50 this site, others are posted at satellite offices in adjacent gcommunities. While we are in the business of creating an original homegrown product each week, all tasks at this site giO4KA,, A are largely computer-based. Our Red Wing plant will continue 4 1 4; 4 the printing and mailing of our newspapers. Therefore, our ' ikland use is office and light retail. � 4 il There are a variety of potential sites for such a building t4:0: ;1� in Shakopee and surrounding areas. However, as a newspaper tAA4***^ANNht'01 company serving this area for as many as 140 years, we like the idea of relocating in a traditional and historic area that represents many of the values we hold. y ,� ' As a community-based enterprise, we also recognize a xr 5 hr Z ' °,,, responsibility to work in harmony with the goals of this re- 4004451441 e- � ry� ryemerging area. While we have met informally with individuals , iwa{ representing the Vision Shakopee movement, at this point we a� ,• '`Y x d are unaware of any direction the city may have for development ' �,. �" of this specific parcel. Please consider this a request for ixil;>,�7 �$ 7 t I{ information and a desire to contribute in that regard. . r : ,, alb., ,14 x _° .ta Rolfsrud �y • p1� d General Manager Y pp' vsy R<q» • -41 °x hIt es,, ti CITY OF SIAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Municipal Parking Lots DATE: March 3, 1997 This is in follow-up to my memo to you on Friday regarding the municipal parking lots matter raised by Mr. Eldon Reinke at the EDA meeting last Wednesday. I spoke to Frank Dunbar this morning and he advised me that the width of the proposed buildings in Blocks 3 and 4 is 60' . Since the lots in these blocks are 142 ' deep, it appears that there will be ample room to the north of the buildings for the proposed parking which is estimated to include 98 parking spaces for the retail businesses. These 98 parking spaces are in addition to the parking spaces identified in Mr. Barry Stock's parking analysis dated 1988 as well as the additional parking spaces that are the result of expanding the municipal parking lot across from Bill's Toggery. This confirms the fact that the number of parking spaces in the down town area appear to be increasing as opposed to decreasing. U-a J. Ju i h S. Cox, Ci y Clerk CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Parking for Blocks 3 and 4, Original Shakopee Plat DATE: February 28, 1997 At the EDA meeting on February 26th, Mr. Eldon Reinke raised a question relating to the construction of municipal parking lots in the late 1960 's which were assessed to benefiting businesses. He explained that any parking spaces that are lost to the benefit of the assessed business must be replaced and that the City may want to take a look at this as it relates to the proposed development in Blocks 3 and 4. You asked me to look into this matter. I am aware of the improvements and of their assessment to benefiting properties. The assessment roll is a matter of public record and I can locate it if needed. I have spoken with Mr. Barry Stock, former Assistant City Administrator, and he concurred with my recollection that the parking lots were also addressed during the time of the down town streetscape improvements and during the time of the plans for the mini-bypass. He directed me to a report that he had generated addressing the parking spaces that were deleted and replaced elsewhere during these times, see attached. From this report it appears that the parking places that were eliminated were also replaced resulting in the addition of one additional parking space. Since this report was made in 1988 by Mr. Stock, I would like to point out that additional parking spaces were created when the City purchased the former Pelham Hotel property and expanded the municipal parking lot across from Bill's Toggery. In addition, it is my understanding that approximately 98 parking spaces are included in the plans for Blocks 3 and 4 to the north of the buildings. In summary, it appears to me that there has been and continues to be an increase in parking spaces for retail businesses in the down town area as opposed to loosing parking spaces. Please let me know if you desire additional research or information. ( /. WIiit e J di h S. Cox, ity Clerk DOWNTOWN PARKING ANALYSIS 10/28/88 Phase I (Actual) Before After Net Gain/Loss Sommerville St. 45 46 + 1 (First Ave. - 3rd Ave. ) Lewis St. 38 58 +20 (First Ave. - 3rd Ave. ) Holmes St. 39 48 + 9 (First Ave. - 3rd Ave. ) Fuller St. 33 45 +12 (First Ave. - 3rd Ave. ) Atwood St. 33 35 + 2 (First Ave. - 3rd Ave. ) Second Ave. 58 47 -11 (Sommerville - Atwood) 246 279 +33 Parking Lots * Lewis St. 39 38 - 1 Fuller St. 37 39 + 2 2nd Ave. Lot 70 82 +12 +13 Sub-Total +46 *One stall was forfeited to make two handicapped stalls MINI-BYPASS IMPACT Phase II (Projected) Parking Lots North of First Avenue Before After Net Mini-Bypass Mini-Bypass Gain/Loss City Hall Lot 89 0 - 89 Brambilla Lot 99 99 0 New Lot (No. o F u 4L.1.£y s Po RTS) 0 16 + 16 - 73 1. First Ave. 94 122 + 28 (Between Spencer & Atwood) Sub-Total - 45 Net effect on parking upon completion of Phase I and Phase II Net gain of 1 stall . 1. Assumptions - A. Diagonal parking on the. North and South side of First Ave. B. 1100 ft. of parking frontage. C. Parking stall width of 9 ft. Judy Cox From: Judy Cox To: Mark McNeill Cc: Paul Snook Subject: Parking Date: Monday, March 03, 1997 10:18AM Mark: This is in follow-up to my memo to you on Friday regarding the municipal parking lots matter raised by Eldon Reinke at the EDA meeting last Wednesday. I spoke to Frank Dunbar this morning and he advised me that the width of the proposed buildings in Blocks 3 and 4 is 60'. This leaves ample room to the north of the buildings for the proposed parking which is estimated to include 98 parking spaces for the retail businesses. These 98 spaces are in addition to the parking spaces identified in Mr. Barry Stock's parking analysis dated 1988. This confirms my conclusion that instead of decreasing the number of parking spaces in the downtown, the city has actually increased the number of parking spaces since that 1988 analysis. Also, FYI, the site plans for this proposal "are" in the Council Chambers, if anyone desires to look at them. Page 1 MEMORANDUM TO: Mayor Brekke and City Council FROM: Vision Shakopee! Board of Directors(formerly Steering Committee) SUBJECT: Advisory Statement regarding sale of the parking lot at Fuller St. /Hwy 69 DATE: April 28, 1999 The City Council requested that Vision Shakopee! provide comment to the Council on the possible sale of the parking lot at Fuller St. /Hwy 69. It is Vision Shakopee's understanding that Southwest Suburban Publishing(SSP) is interested in this property to relocate its operations from Marschall Road to the downtown site. This advisory statement simply outlines Vision Shakopee's support for SSP relocating to downtown, and its concerns and questions over the potential sale of the parking lot. The following comments are based on a discussion of the Vision Shakopee! Board of Directors meeting held on April 15th. Support for Southwest Suburban relocating to downtown • The city receives no taxes on this property; selling it for development would put it back on the tax rolls • Southwest Suburban(SSP)wants to be downtown • SSP is considering an architectural design that is sensitive to the late-1800's design of the adjacent buildings(of that vintage) in the DT area • The property holds approximately 85 unusable parking stalls (because of lack of access)that have been assessed to the downtown businesses and are included in the downtown inventory • Selling the property is a great way to generate funds for other projects along the riverfront and the downtown, i.e. 1.) Purchase the county land adjacent to the parking lot property to get 40 spaces of useable parking; 2.)Open the intersection and make the crosswalk user-friendly -this will help the riverfront bike path,businesses in that area of downtown and Levee Drive Apartments; and 3.)Increase parking to enhance development in the downtown and riverfront Support for Southwest Suburban relocating to downtown (continued) • SSP will be bringing 40 new jobs to the downtown • SSP has interest in a mixed-use building,possibly with housing and/or office space above ground-level retail space,keeping the development in character, in terms of land use, with the the rest of the traditional downtown. • This property should be sold with the idea that there will be a connection to the old bridge for bike trail use. • This development would create a connection between downtown and the riverfront. • This project would be a catalyst for further downtown/riverfront development; if constructed within a reasonable timeframe, it would be an immediate, visible improvement to the downtown. • SSP employees will add to downtown's market potential. • Shakopee Valley News is a Shakopee institution(since 189?); it is a good fit for the downtown area. Concerns over the sale of the parking lot at Fuller St./Hwy 69 • Nature of the business(office)doesn't produce enough shopper/pedestrian traffic. • Is this the most compatible development for that site considering its close proximity to the river? • Retail might be a better use than office-produces more shopper traffic. • Best use should be determined and supported • This type of development(SSP's proposal)would be more appropriate elsewhere in the downtown,perhaps amongst the other traditional commercial buildings rather than standing on its own. • This development might be better suited for various blighted areas in the downtown • Its premature to consider selling the parking lot since the work plans related to the seven consensus issue areas identified in the April 7th strategic planning/visioning conference have just begun. Concerns over the sale of the parking lot at Fuller St./Hwy 69(continued) • Fully supportive of SSP relocation to the downtown area but there are too many unanswered questions to consider selling the lot. • Without some sort of sales/development conditions,the potential sale of the parking lot property would not necessarily coincide with the type of development that may eventually happen there. Therefore, if the parking lot property is sold for the proposed project,will there be requirements or conditions that the buyer must develop the property in a certain way (mixed-use: retail on ground level with office and/or residential on upper floors, as mentioned in SSP's letter), and within a certain period of time? Suggestions Vision Shakopee! is certainly very supportive of Southwest Suburban Publishing relocating to the downtown area. The newspaper is one of this community's foremost institutions and would compliment other downtown institutions such as City Hall, County Government Center, Post Office, Library and Historical Society, and would add to the synergy needed to help enhance downtown's economy,physical appearance and position as the social center of the community. Vision Shakopee! recognizes that the question of selling the parking lot property is a City Council decision, and is simply providing this information for the Council's use. However, Vision Shakopee! asks that the Council consider the following in relation to the potential sale of this parking lot: • How the potential sale of this parking lot and the proposed project fits within the overall, comprehensive development of the downtown area • That the design of any proposed building for the parking lot property compliment the design of the existing buildings in the downtown area(commercial building design features of the late-1800's) • If the property is to be sold,that there be requirements that the buyer develop the property as they propose, and within a certain period of time • Consider developing a physical Master Plan for the downtown area and riverfront a .. _ VISION SHAKOPEE ! City of Shakopee April 28, 1999 Mayor Brekke and City Council 129 Holmes Street South Shakopee,MN 55379 Dear Mayor Brekke and City Council: This letter is in follow-up to the Vision Shakopee! letter to you dated April 15 (attached).That letter was in response to City Council's request that the Vision Shakopee! Board(Steering Committee)provide comment to the Council regarding the potential sale of the parking lot at Fuller St./Hwy 69.In that letter,Vision Shakopee! requested that the City Council provide more time in order to develop a refined advisory statement to present to Council at one of its(Council's)meetings in May. Attached to this letter is that advisory statement/memorandum outlining the following: • Vision Shakopee's support for Southwest Suburban Publishing relocating to the downtown area; • Vision Shakopee's concerns and questions over the potential sale of the subject parking lot; and • Suggestions as to what to consider in relation to the potential sale of the parking lot Vision Shakopee!,a volunteer-driven,non-profit corporation with participation from the private and public(city)sectors,has a mission of engaging in a comprehensive approach to the preservation and revitalization of the downtown area and its riverfront. Again,thank you for asking for Vision Shakopee's input. We hope the attached memo provides you with the information you are seeking. Regards, r--------ta- .ar.- John Perry --* *\ President "Bridging the Past and Future of Our Historic Downtown" Post Office Box 6 Shakopee,Minnesota 55379 Phone:(612)496-9661 Fax:(612)445-6718 VISION SHAKOPEE ! April 15, 1999 City of Shakopee Mayor Brekke and City Council 129 Holmes Street South Shakopee,MN 55379 Dear Mayor Brekke and City Council: On behalf of the Vision Shakopee! Steering Committee,thank you for giving us an opportunity to provide input regarding the potential sale of the city parking lot at the corner of Fuller Street and County Highway 69. We are excited about the possibility of Southwest Suburban Publishing (SSP), one of our community's long-standing institutions,relocating to the downtown area,and are willing to facilitate this development in any way we can. Our committee discussed this topic at our April 15th meeting. We are requesting that the city council provide more time so we may develop a more refined advisory statement to present to council at one of its meetings in May. The statement will be more detailed(than this letter) in showing our support for SSP relocating to the downtown, and in outlining issues related to selling the parking lot property. Again,thank you for the opportunity to provide this input. We look forward to addressing the council in May. incerely John Pe ny Steering Committee Chair "Bridging the Past and Future of Our Historic Downtown" Post Office Box 6 Shakopee,Minnesota 55379 Phone:(612)496-9661 Fax:(612)445-6718 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Thrift Store Sale DATE: April 30, 1999 INTRODUCTION: The Council is asked to consider action on the proposed purchase of the Eagle Creek Thrift Store by Valley Green Business Park. BACKGROUND: At the April 6th City Council meeting, discussion was had by the Council concerning the offer to purchase the Eagle Creek Thrift Store by Valley Green Business Park. A review appraiser had determined a value of$98,000 for the building, and the .63 acres upon which it is located. At that meeting, a concern was raised about potential environmental costs that would need to be picked up by the City, should they be uncovered in preparation for demolition. Valley Green Business Park Project Manager Jon Albinson offered to do a Phase One environmental study, for a cost of$2000,which is being paid for by Valley Green. VGBP contracted with Peer Environmental to do that analysis. The results of that analysis is voluminous and is available in the City Administrator's office upon request. The only problem that was uncovered was the discovery of 3,050 sq. feet of vinyl asbestos floor tile, and asbestos in the floor tile mastic. This will need to be remediated prior to demolition. PEER Environmental has suggested a price up from $2.00 to $4.00 a square foot for removal. That would mean a total cost of between $6,100 and$12,200 to remove,plus testing costs. DISCUSSION: The policy decision upon which the Council needs to focus is whether the removal of the building to facilitate the comprehensive development of that property plus surrounding area by VGBP to a higher level, is worthwhile. The CAP Agency is moving the Thrift Store to its new location north on C.R. 83 later this Fall. At that time, if the property is not sold,the City will have an empty building to either maintain or lease. The offer by VGBP to purchase, with the environmental work to be done by the seller is standard in most real estate sales contracts, as I understand it. Therefore,whether the City spends the money now, or later,it will likely be its responsibility. BUDGET IMPACT: The cost of remediation would be deducted for the net proceeds of the sale. RECOMMENDATION: I recommend that the Council authorize sale to Valley Green Business Park, and that arrangements be made to take proposals to remove the asbestos-containing materials after the CAP Agency moves out,but before demolition. The sale of the property can close before that,with the money needed to do the environmental work to be escrowed. ACTION REQUIRED: The Council should,by motion, authorize sale of the Thrift Store to Valley Green Business Park,and direct staff to arrange for necessary environmental remediation, or otherwise give direction as to disposition of the Thrift Store property. 1W Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Thrift Store Valuation/Sale DATE: March 30, 1999 INTRODUCTION: The Council is asked to consider the offer of Valley Green Business Park to purchase the Eagle Creek Thrift Store from the City, for$98,000. BACKGROUND: Several months ago, Jon Albinson,representing Valley Green Business Park, approached the City with a proposal for Valley Green to purchase the .63 acres of Thrift Store property, located southeast of the intersection of County Roads 83 and 16. The City has been the owner of the Thrift Store building since Eagle Creek Township consolidated with Shakopee. In recent years, it has been leased to the Carver Scott Dakota CAP Agency for $1.00 per year. However,the Thrift Store anticipates moving in August 1999,when the construction of a new facility is completed for them, further north on County Road 83. Valley Green is in the process of doing a master plan for an office park on land that they own, which surrounds the Thrift Store property. In order to provide for contiguous development,Valley Green has offered to purchase the property at a value to be determined by an independent appraiser. Both the City and Valley Green had an appraisal done,the results of which were to form the basis of a sales price. However,the amounts established by the two appraisals were far apart-the limited appraisal which the City commissioned established a value of$150,000;the appraisal done for Valley Green showed a valuation of$67,500. In order to rectify the situation, it was agreed that a review appraisal would be done of the two appraisals. The City and Valley Green agreed to have Richard Marks of Universal Valuation Services, Inc., do that service. Mr. Marks has reviewed the two appraisals. His comments are as attached. As shown,he has established a value of$98,000 for the parcel. Mr. Albinson had agreed to abide by the recommendation of the review appraiser. The Council is asked to make a decision on this. Valley Green's attorney has prepared a purchase agreement,which is being reviewed by the City Attorney. Valley Green is proposing to take over landlord responsibilities within 60 days after the document is executed. Therefore,they would provide whatever maintenance responsibilities on the building until the CAP Agency vacates. As a result of the purchase,Valley Green is responsible for capping the well,abandoning the septic system,performing a Phase one environmental survey, and demolition costs. There was some discussion regarding the action if the environmental survey detects asbestos. The City Attorney had language which gave the City an ability to back out of the sale, as otherwise, it would be the City's responsibility to abate the environmental hazard only at the time of transfer of title. However,Mr. Albinson indicates that the inability to demolish and remove the building will have a negative affect on his ability to develop the adjacent property into a first class, tax paying development. Therefore,we have left the language in which obligates the City to remove the asbestos once we might become aware of it. (See Section 4 of the purchase agreement.) The Council should direct if it wishes to have this treated in a different manner. City Clerk Judy Cox does note that the sale of this property as anticipated will likely create the need to find another polling place for the November elections. Mr. Albinson may demolish the building before then, assuming the CAP move stays as scheduled for August. However,the demolition may also be able to be deferred until Spring,2000. We have assured the CAP Agency that they will not be forced to close the Thrift Shop until the new one is opened and operating. BUDGET IMPACT: Proceeds from this sale ($98,000, less the $1,500 for the original Patchin Appraisal, and $421 as the City's share of the review appraisal)can be used in whatever manner the Council determines. The normal procedure would be to place that into the General Fund. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the appropriate City officials to execute a purchase agreement with Valley Green Business Park for the sale of the CAP Agency Thrift Store for$98,000,with the conditions and documents outlined in the purchase agreement. Nx Mark McNeill City Administrator MM:tw CC: Mary Sullivan, CAP Agency CITY OF SHAKOPEE /S, E., P. Memorandum CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director Judith Cox, City Clerk _ SUBJECT: Hiring of Office Service Worker DATE: April 29, 1999 INTRODUCTION: Interviews have been held with candidates for the Officer Service Worker position. Staff is recommending the City Council authorize the hiring of Deborah Braaten to fill this position. BACKGROUND: The Office Service Worker is a newly created budgeted full-time position shared between the Community Development and City Clerk Departments. Council authorized advertising for this position at its February 2, 1999 meeting. Staff utilized the Scott County Personnel Department for the initial selection process which provided a certification list of twelve candidates. Staff interviewed five candidates from this list. The interview panel consisted of the Community Development Director, City Clerk and Payroll/Benefits Coordinator. It is the panel's recommendation to hire Deborah Braaten. Ms. Braatan has a diverse clerical background including front desk reception, phones and public contact experience. Her anticipated starting date is May 10, 1999 contingent upon Council approval and successful completion of the standard pre-employment physical and background check. All new hires are subject to a 6-month probationary period. BUDGET IMPACT: The starting hourly rate as advertised is $12.1457/hr., Step One Grade B of the 1999 Pay Plan. Ms. Braaten has agreed to the starting wage,therefore staff is recommending a starting salary of$12.1457/hr, Step 1, Grade B of the 1999 Pay Plan with subsequent increases in pay occurring on the annual anniversary date of employment. RECOMMENDATION: Staff recommends the hiring of Deborah Braaten for the Office Service Worker position. ACTION REQUESTED: Move to authorize the hiring of Deborah Braaten as Office Service Worker at $12.1457/hr. Step 1, Grade B of the 1999 Pay Plan, effective May 10, 1999, contingent on successful completion of a standard pre-employment physical and background check. /MMR E S CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CC:N 3 E NT FROM: Mark McNeill, City Administrator SUBJECT: Building Maintenance Worker Probationary Completion DATE: April 28, 1999 INTRODUCTION: The Council is asked to grant full time regular status to Building Maintenance Worker Charlie Fuller, following the completion of a 6 month probationary period. BACKGROUND: On November 1, 1998, Custodian Charlie Fuller was reclassified to Building Maintenance Worker;he had previously been Custodian. The reason for the reclassification was that the majority of his work now relates to repairs,HVAC maintenance, and the like,as compared to cleaning,which is done by a contract custodial service. With all new classifications or upgrades,the personnel policy states that employees must complete another probationary period; as such,this is being presented to you for approval. Mr. Fuller started working for the City on May 29, 1990. He is an experienced employee, and an asset to the organization. RECOMMENDATION: I recommend that Charles Fuller be granted full time regular status as Building Maintenance Worker. ACTION REQUIRED: If the Council concurs, it should,by motion, approve the end of the six month probationary period for Charles Fuller,in his new position as Building Maintenance Worker, and grant him full time regular employee status. Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Tobacco License - Tobacco Shop DATE: May 4, 1999 INTRODUCTION: City Council is asked to consider an application for a tobacco license at the Tobacco Shop. BACKGROUND: Application has been made by Ms. Amy Wazwaz, Amy's Inc. , to sell tobacco at retail at the Tobacco Shop, 1148 Vierling Drive, at the Crossroads Center. Ms. Wazwaz is purchasing Tobacco Land from Mr. Abuisnaineh Yunes. For training purposes, Mr. Wazwaz has advised that they plan on using the training materials provided by the City from Minnesota ASSIST, Minnesota Department of Health and the American Cancer Society. During the customary background investigation, the Police Department has learned of nothing that would prevent the issuance of a tobacco license. Amy's Inc. owns a number of tobacco shops around the twin cities and is well know all over. RECOMMENDED ACTION: Move to approve the application and grant a tobacco license to Amy's Inc. , dba Tobacco Shop, 1148 Vierling Drive East, upon the surrender of the license of Abuisnaineh Taha Yunes dba Tobacco Land. Plhotod i:\clerk\jeanette\licenses\tobashop # /7 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Labor Negotiation Status DATE: April 29, 1999 The Council maybe asked to go into a closed session following the regular portion of the May 4th City Council meeting for the purpose of discussing pending labor negotiations. Vifi &UAL( Mark McNeill City Administrator MM:tw