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HomeMy WebLinkAbout05/18/1999 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA MAY 18, 1999 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 6:00 p.m. 2] Special Items of Business A] Presentation by Suburban Transit Association B] Presentation by Scott County Administrator 3] Pledge of Allegiance 4] Approval of Agenda 5] Mayor's Report 6] Approval of Consent Business- (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS - (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.) *8] Approve Bills in the Amount of$554,911.63 9] Communications: A] 1998 Auditor's Report 10] Public Hearings: A] Proposed vacation of alley in Block 36, Original Shakopee, between Shumway and Pierce and between 2nd and 3rd -Res. No. 5139 B] Proposed vacation of drainage and utility easements within Boulder Ridge -Res. No. 5140 TENTATIVE AGENDA May 18, 1999 Page -2- 11] Liaison Reports from Councilmembers 12] Recess for an Economic Development Authority Meeting 13] Re-convene 14] Recommendations from Boards and Commissions: *A] Final Plat of Orchard Park West P.U.D. 3rd Addition, located east of CR 79 and north of CR 78 -Res. No. 5141 B] Preliminary Plat of Shenandoah Apartments, located north of Eagle Creek Boulevard and west of Hauer Trail extended -Res. No. 5143 C] Preliminary Plat of Shakopee Valley Marketplace, located east of CR 17 and north of 17th Avenue-Res. 5145 D] Final Plat of Vierling Plaza, located east of Marschall Road and south of Vierling Drive -Res. No. 5142 15] General Business A] Community Development 1. Dolores Lebens appeal of BOAA's decision regarding CUP approval conditions for an over sized accessory garage 2. Appeal by Oppidan of BOAA's denial of a Conditional Use Permit to allow a -rn R 1 e:6 Retail Center, Drive-Through Facility, and Gas Station 3. Text Amendment Regarding Business Park Zoning District- Ord. 547 4. Text Amendment Regarding Retail Centers - Ord. 548 *5. Text Amendment Regarding Silos- Ord. 549 6. Text Amendment Regarding Fences on Double Frontage Lots *7. Preliminary Plat Extension for Maple Trails Estates *8. Setting Public Hearing for Vacation of Roadway Easement South of TH 169 and _Ti R.3�.L East of Marschall Road within Proposed Shakopee Valley Marketplace -Res. 5146 *9. Appeal approving modification in conditions to CUP for Super America-Res. 5136 *10. Conveyance of 33' Wide Parcel within Brittany Village PUD B] Public Works and Engineering 1. Garbage Truck Purchase *2. Completion of Probationary Period -Mike Dellwo *3. Completion of Probationary Period -Mike Nelson *4. Accepting Work on 1996-2 Reconstruction Project -Res.No. 5137 TENTATIVE AGENDA May 18, 1999 Page -3- 15] General Business continued B] Public Works and Engineering continued *5. Accepting Work on 1997-1 Vierling Drive Project -Res. No. 5138 *6. Revised Assessment for Maras Street Improvements, Project 1996-4 -Res. 5149 7. 1999 Street Overlay and Alley Reconstruction Project-Res. No. 5153 8. Receive Feasibility Report for Vierling Drive Improvements from CSAH 17 to Miller Street, 1999-5 - Res. No. 5151 *9. Recycling Program Agreement with Scott County for Spring Cleanup Day 10. Ordering Report for Improvements to CSAH 17, 17th Avenue and Sarazin Street -Res. 5152 11. Approving Wetland Replacement for Southbridge Cove-Res. No. 5144 C] Police and Fire *1. Resolutions of Appreciation for Retiring Firemen-Res. 5147 and 5148 *2. Authorize Advertising for Bids on a Thermal Imaging Camera 3. COPS Schools Initiative- memo on table 4. Authorization to Hire Police Officer- memo on table D] Parks and Recreation 1. Update on Status of Municipal Pool 2. Funding Sources for Pool Reconstruction E] General Administration 1. Planning Commission Vacancy- memo on table 2. Joint Council/Planning Commission Residential Moratorium Meeting *3. Gambling Premises Permit- Shakopee Hockey Association-Res. No. 5150 4. Use of a Cash Manager 5. TIF Forecast *6. Hiring of Office Service Worker 16] Other Business 17] Recess for executive session to discuss labor negotiations 18] Re-convene 19] Adjourn to Wednesday, May 26, 1999, at 5:00 p.m. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Special Meeting Time -May 18th Council Meeting DATE: May 11, 1999 The Council is reminded that the meeting will convene at 6:00 PM on Tuesday, May 18th, for the following special presentations: 1. 6:00 PM - Suburban Transit Authority- see attached newsletter from the Suburban Transit Authority. Michael Leek reports that Tom Poul and Bob Renner of Messerli and Kramer will be making a brief presentation. 2. Scott County-David Unmacht, County Administrator. Mr. Unmacht is expected to be accompanied by Commissioner Art Bannerman. Mark McNeill City Administrator MM:tw SUBURBAN TRANSIT LEGISLATIVE REPORT ASSOCIATION REPORT 1999-4 FRIDAY, MAY 7, 1999 HOUSE AND SENATE TAX BILLS HEADED TO CONFERENCE COMMITTEE - CONTAIN FEW TRANSIT-FRIENDLY PROVISIONS The House and Senate have passed their respective Omnibus Tax Bills and appointed conferees who have begun meeting to iron out the differences between the two bills. Both bills are notable for their lack of provisions requested by supporters of public transit and local governments, including: (1) a sales tax exemption for the purchase of transit vehicles and replacement parts; (2) an income tax credit for businesses offering free or reduced price transit passes to employees; and (3) a sales tax exemption for local government purchases. Transit-related provisions included in the bills are: (1) inclusion of bonding authority for the Met Council in the Senate bill only (see page 2); and (2) inclusion of a provision repealing the transit zone property tax rate reduction in the House bill only. The House tax bill traveled a rocky road this year, beginning with hearings on numerous proposals that were "considered for possible inclusion in the Omnibus Bill,"to an unusual floor proceeding during which Republicans and Democrats crafted a surprising tax bill that provided across the board income tax cuts to all three tax brackets. An early version of the Senate Tax Bill parceled out a variety of income and sales tax exemptions and credits. However, prior to introduction of this bill, the Senate DFL Caucus met and determined that the bill did not provide enough income tax relief— an issue important to many Minnesotans. Senator Doug Johnson (DFL-Tower) and others then returned to the drawing board and came back with a bill similar to that passed by the House, with the primary difference being the size of income tax reductions. The decision by both the House and the Senate to focus on income tax rate reductions left little room for other tax credits and exemptions, which explains the absence of the transit and local government related tax exemptions/credits mentioned above. The STA will now focus on supporting the Met Council bonding provision as included in the Senate Bill. Furthermore,the STA will closely follow the progress of the Abrams transit zone tax repeal. It should be noted that the STA Legislative Committee determined at its April 19 meeting not to actively oppose the transit zone repeal. The STA Legislative Report is prepared by Tom Poul and Jennifer Peterson Messerli&Kramer P.A.,145 UniversityAvenue West,Suite 450,St.Paul,MN 55103 Telephone(651)228-9757 Fax(651)228-9787 1 The conferees appointed to create a compromise tax bill are: Representatives Ron Abrams (R-Minnetonka), Todd Van Dellen (R-Plymouth), Dan McElroy (R-Burnsville), Bill Kuisle (R-Rochester), and Ann Rest (DFL-New Hope); and Senators Doug Johnson, Jim Vickerman (DFL-Tracy), Steve Murphy (DFL-Red Wing), John Hottinger (DFL-Mankato), and Bill Belanger (DFL-Bloomington). With the Legislature scheduled to adjourn on or before May 17, the conferees have only a few days left to come to an agreement and re- pass the tax bill. MET COUNCIL BONDING AUTHORITY- PROGRESS MADE The STA has been following the Met Council's bonding request all session, as $6.85 million is recommended for 13 projects within STA member communities. As the session begins to wrap up, any support STA members might provide (i.e. contact with your legislators and conference committee members when they have been appointed) would be greatly appreciated and could help to ensure that some or all of the bonding request is authorized. As discussed on page 1, the Senate Omnibus Tax Bill contains a provision granting the Met Council authorization to issue $52 million in bonds to fund capital projects. The Senate bill also contains language providing the Met Council with "stable and predictable" bonding revenue by granting the Met Council with an annual inflationary increase in authority. However, the tax bill is not where the Met Council bonding language is likely to end up at the close of session. Also as mentioned on page 1, the House Omnibus Tax Bill does not include any bonding authority for the Met Council. However, the House Omnibus Public Finance Bill includes $36 million in bonding authority. Representative Erik Paulsen (R-Eden Prairie) amended the public finance bill in the Tax Committee to include this bonding authority. (The STA also owes a great deal of appreciation to Representative Dan McElroy ER- Burnsville] for his hard work on the bonding issue.) When he did so, he also incorporated language requiring that any bonding revenue be divided proportionally among the Met Council, opt-out communities and other transit providers as originally recommended by the Regional Transit Capital Recommendation Commission. The Senate has also incorporated$52 million in bonding authority for the Met Council into its Omnibus Public Finance Bill. Senator Carol Flynn (DFL-Minneapolis) offered this amendment (as she did to the Omnibus Tax Bill), but she did not include the inflationary index for annual bonding authority grants. The House Public Finance Bill, House File 2127, is awaiting action in the Ways and Means Committee. The Senate bill, Senate File 1876, was approved by the Tax Committee on April 5 and is awaiting action on the Senate Floor. The authors of these bills are Senator Larry Pogemiller (DFL-Minneapolis) and Representative Ron Abrams, respectively. Upon passage in both the House and Senate, a conference committee will begin meeting to work out their differences and come to some sort of compromise on the Met Council's bonding request(among other issues). 2 HOUSE-SENATE CONFEREES MEET ON OMNIBUS TRANSPORTATION FINANCE BILL A conference committee has been meeting to work out the differences between the House and Senate Omnibus Transportation Finance Bills. Conferees are: Representatives Carol Molnau (R-Chaska), Tom Workman (R-Chanhassen), Bill Kuisle (R-Rochester), Bernie Lieder (DFL-Crookston) and Henry Kalis (DFL-Walters); and Senators Janet Johnson (DFL-North Branch), Carol Flynn (DFL-Minneapolis), Keith Langseth (DFL-Glyndon),Dean Johnson (R-Willmar)and Mark Ourada (R-Buffalo). The bills do not contain many transit-related appropriations or policy changes, but here is a summary of those that are included: (1) The House bill appropriates$31.492 million for transit services funded by MNDoT, including Greater Minnesota transit and transit administration. The Senate bill appropriates$32.58 million for the same recipients. (2) The Senate bill appropriates $60 million for matching federal funds for the construction of light rail transit in the Hiawatha Avenue corridor. The House makes no similar appropriation. (3) The House bill appropriates $109.902 million for Metro Transit, of which no more than $76.2 million may be spent on Metro Mobility. The Senate appropriates $114.302 for Metro Transit, of which $350,000 must be spent on the Access to Jobs and Training program. (4) The Senate bill creates a mobility fund to include proceeds of the motor vehicle sales tax from which transit capital costs may be funded. The House bill does not contain a similar provision. (5) The Senate bill contains language granting the commissioner of MNDot responsibility for planning, developing, constructing, operating and maintaining a commuter rail system and requires that such a plan be adopted by the commissioner by January 15, 2000. The Senate bill also contains a provision that establishes that priority for constriction of LRT lines be given to lines between downtown Minneapolis, downtown St. Paul, the Mall of America and the International Airport as the first lines to be constructed. In addition, the Senate bill requires the Met Council to develop a regional master plan for transit to be presented to the Legislature by February 1, 2000. The House bill does not contain any provisions similar to these. (6) The Senate bill requires the commissioner of MNDoT to designate two weeks in October of this year and two weeks in June, 2000, during which meters on freeway access ramps must be turned off to study the effects on traffic flow and safety. A report must be submitted to the Legislature by January 15, 2001. The House bill does not contain a similar provision. 3 Lobbyists for the STA will be following this bill closely as it proceeds through conference committee. Although none of it directly effects the funding or operation of opt-out transit systems, we will keep you up to date on the progress made by these provisions and any others of interest. END OF SESSION WRAP-UP As discussed above, there are only a couple of weeks left in the 1999 Legislative Session. Messerli& Kramer will keep members of the STA up to date as needed and will provide the Board with an end-of-session report at the July meeting. In the meantime, if you have any questions or concerns, do not hesitate to call Tom Poul, Bob Renner, or Jennifer Peterson at 651/228-9757. 4 / � 1999 SESSION UPDATE ISSUES THAT PASSED THE LEGISLATURE MET COUNCIL BONDING: $36 million in regional bonding has been included in Senate File 1879, the Omnibus Public Finance Bill. The bonding language includes a provision requiring that the bonds be spent proportionally on the Met Council and other transit providers as recommended by the regional transit capital evaluation committee. TRANSIT ZONES: The law allowing certain C-I projects built near transit zones to receive a 15 percent break on property taxes has been repealed. Certain projects already under development in downtown Minneapolis were granted an exception and will still receive the reduction. BONDING FOR LIGHT RAIL TRANSIT: The Omnibus Bonding Bill included $60 million in bond authorization to fund light rail transit. EXTENSION OF LEVY LIMITS: Levy limits have been extended for one year (through 2000). There was an attempt to delete C-I growth from the levy limit growth factor, but that provision did not prevail. For Shakopee, the projected 2000 levy limit base, including C-I growth, is $5,190,665 ($623,687 increase over pay 1999 levy limit base). PROPERTY TAX CLASS RATE CHANGES: Although the legislature did not focus heavily on changes to the property tax system, they did make some changes to property tax class rates. A chart illustrating these changes is attached for your information, along with a chart projecting the effects of the tax bill on Carver and Scott counties for pay- 2000 property taxes. ISSUES THAT DID NOT PASS THE LEGISLATURE REPEAL OF HOV LANES: Attempts by some legislators to close high-occupancy vehicle (HOV) lanes were not successful. STA members provided testimony opposing opening such lanes to all traffic because they are helpful for bus transit; this testimony played an important role in the defeat of this proposal. MOTOR VEHICLE TAB FEE REDUCTION/TRANSPORTATION-TRANSIT FUNDING OVERHAUL: Although early in the session, it appeared there might possibly be a reduction in tab fees for motor vehicles, although this would have left a hole in the trunk highway fund. Attempts were made to attach such a reduction to a gas tax increase and an overhaul of transportation and transit funding. However, for a number of factors, including legislative uneasiness with increasing the gas tax during a budget surplus and its choice to focus on income tax cuts and a sales tax rebate, no major changes were made to the transportation/transit funding systems. • • SALES TAX EXEMPTIONS FOR BUSES AND LOCAL GOVERNMENTS: There were attempts at the legislature this session to exempt public transit providers from payment of sales taxes on the purchase of buses and replacement parts. There were also many legislators pursuing an exemption for local governments from all state sales and use taxes. Due to their focus on income tax reductions these exemptions were not included in the Omnibus Tax Bill. TAX INCENTIVES FOR TRANSIT USE: A proposal to provide businesses with a tax reduction for purchasing transit passes for employees (to be given to the employees or sold at reduced rates) was discussed in the Senate, but was not included in the Omnibus Tax Bill. REVERSE REFERENDUM: The House attempted to place a reverse referendum procedure into effect for cities and counties. However, the Senate opposed this provision and it was not included in the Omnibus Tax Bill as it passed the House and Senate. 12027_1 4 • House Research Simulation Report: Property Tax • : = Page vii How to read printouts _ •Property Tax Simulations • The property tax printouts published by the House Research Department display the results of an effort to simulate, or imitate, the behavior of Minnesota's property tax system. While the Department strives to make the property tax simulations accurate, bear in mind that the simulations are estimates. Generally the results are most accurate on a statewide level, and tend to be less accurate as the jurisdiction under scrutiny gets smaller. Each set of printouts is organized so as to compare conditions under two situations. One situation is called the "baseline," the other is called the "alternative." These two situations are defined at the top of each page of the printout. All figures in the tables are expressed in 51,000's, except for the tables pertaining to sample homesteads. • The baseline generally shows results under current law for a certain year. • The alternative shows results for a succeeding year under current law or for a proposed change in the law. • The printout also shows the difference(change) in conditions between the baseline and the alternative, in dollar amounts and percentage change. • The baseline or alternative may also be differentiated by the availability of data for the year: "Final" simulations are based upon final data reported to the Department of Revenue by the counties. "Preliminary" results are based on data reported by the counties in preliminary form, along with a few assumptions related more to the distribution of taxes than to the absolute level of taxes. "Projected" results are based on data and assumptions that represent "best guesses." The first set of printout pages display results of the simulation by geographic areas, which may be the state, regions, counties, or individual cities. The box at the upper right of each page names the area. The following page describes the layout of those pages in detail. The simulations are estimates only. House Research strives to make property tax simulations accurate, but simulations are only approximations of reality. They depend upon judgements about how much local government officials will decide to levy, which are highly speculative. Generally the results are most accurate on a statewide level, and tend to be less accurate as the jurisdiction under scrutiny gets smaller. House Research Department . 600 State Office Building . St. Paul, MN 55155 . (651) 296-6753 House Research Simulation Report: Property Tax t Page viii The upper right-hand corner names the area covered on the page. Examples: the entire state (statewide), a region(metro area or Northcentral cities), a specific taxing Region/ jurisdiction(e.g. Hennepin County), or a cluster category(e.g. hi-growth areas). Area The top center of the page defines the baseline and alternative. The MARKET VALUE,NET TAX and EFFECTIVE TAX RATE show the change in property value,change in tax burden,and relationship between tax burden and market value for each property type. • MARKET VALUE NET TAX BURDEN EFFECTIVE TAX RATE [Table on the upper left] [Table on the right] NET TAX [Last two columns on far MARKET VALUE is the total BURDEN is the tax on each right] The EFFECTIVE estimated market value of all property class after applying class TAX RATE is the net tax for properties of the type indicated,as rates,tax rates,and any credits that each property class expressed determined by county assessors. apply to the property class. as a percentage of market value. The change in net tax burden is of interest to legislators,both for all property in the area and for particular property classes such as ag homestead or commercial/industrial. At the bottom of the table,the total burden change for the jurisdiction is shown,both including and excluding tax increment financing. LEVIES [Four tables in center of page] LEVIES for the baseline and alternative proposals are shown for each type of taxing jurisdiction(county,city/town,school district,etc.). The LOCAL LEVY is the portion of the jurisdiction's levy levied against local taxpayers. The FISCAL DISPARITIES DISTRIBUTION is the levy received by the jurisdiction(s)from the areawide pool. The TOTAL LEVY is the sum of the local levy and the fiscal disparities distribution levy. The next line sums state Homestead and Agricultural Credit Aid(HACA),Local Government Aid (LGA)and Disparity Reduction Aid accruing to the jurisdiction(s). TAX BASE TAX RATES [Lower left of page] This table summarizes the tax base for the area. [Lower right of page] This table The TAXABLE TAX CAPACITY is the tax base used to determine shows average tax rates within the each jurisdiction's tax rate. The table also shows how much tax base area by type ortaxing jurisdiction. within the area is contributed to TAX INCREMENT FINANCING Net tax capacity tax rates are and FISCAL DISPARITIES. Finally,it also shows the amount of tax shown in percentages. Market base apportioned to the area from the areawide pool. value tax rates are shown in mills. TAX BURDENS ON TYPICAL HOMESTEADS [Two tables at bottom of page] These tables show the effect of a proposal on four typical homesteads in the area. The tables show tax burdens on the average value home for the area,as well as homes with values one-third above and below the average, and on a home with twice the average value. The area's average TOTAL TAX CAPACITY TAX RATE is used to compute the tax burdens on these parcels. For this reason,the table accurately portrays only the typical tax change on homesteads of the values indicated. The tax change on the average valued home is not the same as the average tax change on all homesteads(which can be accurately determined from the net tax burden table above). • .a - • . House Research Simulation Report: Property Tax Simulation#991(4 Date 5/17/99 Steve Hinze,Legislative Analyst(651-296-8956) DESCRIPTION BASELINE: Preliminary Pay'99 ALTERNATIVE: Projected Pay 2000: Tax Conference Committee Agreement This report compares property taxes payable in 1999 to projected property taxes payable in 2000 under the provisions contained in the conference committee report for the 1999 omnibus tax bill. Note that the simulation does not include any effects of the education finance bill currently being negotiated in conference committee. KEY POINTS • Statewide,property taxes are projected to increase by$27 million,or 0.6%,according to the simulation.The projected change under current law is an increase of$187 million,or 4.1%. In the aggregate,property taxes are expected to decrease by 2.5% in greater Minnesota,and to increase by 2.3%in the metro area. New construction across all property types is projected to pay$102 million in property taxes for pay 2000. • Agricultural properties receive the largest tax reductions,averaging 17% on agricultural production land. Most other types of property show tax reductions in the range of 0%to 4%. A few property types show minor tax increases from pay '99 to pay 2000. The simulations are estimates only. House Research strives to make property tax simulations accurate, but simulations are only approximations of reality. They depend upon judgements about how much local government officials will decide to levy, which are highly speculative. Generally the results are most accurate on a statewide level, and tend to be less accurate as the jurisdiction under scrutiny gets smaller. House Research Department . 600 State Office Building . St. Paul, MN 55155 . (651)296-6753 • ~ House Research Simulation Report: Property Tax = : House Research Simulation Report: Property Tax . Page iii ASSUMPTIONS: ALTERNATIVE: Projected Pay 2000: Tax Conference Committee Agreement • Market values were derived from a survey of county assessors taken in January, 1999. Assessors were asked to submit estimates separately for market value changes due to inflation on existing property and due to new construction, at either the countywide level or for distinct areas within the county. Inflationary changes on properties subject to limited market value restraints were limited to the 8.5% growth rate specified in the bill. Market value growth for property types with a tiered class rate structure were assumed to be split between tiers in the same percentages as the growth from pay '98 to pay '99, on a city-by-city and a class-by-class basis. • School district levies were modeled under the direction of a joint House/Senate/Revenue Dept. working group. The baseline pay 2000 levies were developed to match statewide levy estimates by category developed by the Dept. of Children, Families and Learning. Approximately $14 million of new referendum levies are assumed; they are distributed evenly across the state among all districts that are not capped(excluding Minneapolis&St. Paul). • County, city, and town baseline levies were modeled under the direction of a joint House/Senate/Revenue Dept. working group. The base methodology employed is a three-year average of levy plus aid. In a few cases, the estimates were changed based upon discussions with individual local government officials. Estimated state aid amounts for pay 2000 were subtracted from levy plus aid to arrive at the levy amounts. Baseline aid amounts were changed for additional HACA payments, local government aid changes, the transfer of local performance aid to other aid programs, and HACA subtractions for the court takeover. Further levy adjustments were made for the following components of the bill: levy limit extension, court cost takeover,and charity care aid. • Special taxing district levies were generally increased by 7%,except for the metro-wide special taxing districts, which were modeled based upon levy limits and partial estimates provided by metro agency staff. • Fiscal disparities net tax capacities and distribution levies were modeled by the House Research Dept. Baseline fiscal disparities tax capacities were reduced by 2.9%based on the upper-tier commercial-industrial class rate reduction in the bill; however,the areawide tax rate was increased in the same proportion so that fiscal disparities distribution levies were left unchanged. • Tax increment financing(TLF) net tax capacities were first assumed to increase at the same rate in each jurisdiction as the growth in commercial-industrial net tax capacity, then reduced by 2.9% across-the-board to reflect the class rates contained in the bill.. House Research Department . 600 State Office Building . St. Paul, MN 55155 . (651) 296-6753 • House Research Simulation Report: Property Tax t = Page iv SIMULATION PARAMETERS "'1 . f °a-, ,..-,0,,gar-3,--:,,,4-.4-,-- ay' .. *--4-; FMTTI- 11• t.11tG1L4U�i�i r.Res`ideIItlaltuomestea4c�. .„ • 76,000 -..r. ,, . 1.0 % 1.0 % ` 6` m . Mme' ; ' , 1.7 1.65 essiden Ton-homestead: , M.Smg"leamit. `= x.. - re. , ; ,'..,w,..,.**"<$740001. � ,,. '> 1.25 1.2 5$76,00Q a= 1.7 1.65 ,, vi...--, .., m1. Am ''',1.'..!' '.. .. 1.7 1.65 .46 .' s. mak= ,r Sutat'°� ..F •‘,...',4„;:,-,:z,,,-,i,,,-,478i4....4-.--•.;:., 2.5 2.4 S w▪ income•: 1"" 1.0 1.0 g-- 2.7' 4.." mau:c ty` �.. � R ' . ;a , € 2.15 2.15 k ominer t i V I II . ri ' 1 , le cam 1 11 �. 150,000 '' �. .' -, 2.45 2.4 : i54;Q0D, ,;. a �;; l.. 3.5 3.4 fps .. /�+ r, *., , Baso, 1 ear .0 1 1 m� 4 •omestea� _ 1.0 1.0 . ` -. /'`•� yj��`PTa��.y14 1.- 1.8 1.65 -..:1 gv R... Sa l/0'. . neni . .:.�,Pa ..* . r r it ; �.za. ,„y,,.,ax � ,- z. �. `itt1.25 1.2 ▪ ` " , e 1'0 ' ,1°""4.- 2.2 1.65 t. ...»J 1 'omestea 1 q 0.45 0.45 Y 1 11 -. 1 t:. g. ,"j"1,: £Y- .i .� om1 ,� .4�r ' ,• .. • 0.35 0.35 Vt..,,,-=';.3.,':, =,-,..1.•;,-..l.x - 4...a:s-:;:.Ss!; -.1.24„.4.;:,,v .....:,..,,,..,,4 .. a .3.,':,,"1.'-. 1 II1M, / f1 ! 11 -_;,:-.'-'".•::,';.'- . 2 *.' J:u -hclag 1? 1 v 7. . ams. .... • 8 0.8 ,1 � ,, n. j 1.25 0.8 74, 111,111�.,;, , h�i • ..1.., -76 0.8 1.2 1 - > 2O - 1 q � t 1.2 - HJI ¢by,T'?� y▪ aT i -.�J1fi B le X_ t 1.25 1.2o ,.1 :1_ _ � .� : •, •u r' 1Mo�nf out1 1'11` ..7..,..i,-,,,-.....,„,.,-,P, •';‘ L 66.2% 83% � 4 .• glum .x->.. �« :;+,1 �-�-,"'"s $320 $390 do ton cnituraal redit S• . , C >-, - 54% , • ,1. - .II 111 ,1 VOLba4i _., t�ae.. � .r; � - 50% 'Tier breakpoint was$75,000 in baseline. i. House Research Department . 600 State Office Building . St. Paul, MN 55155 . (651)296-6753 House Research Simulation Report: Property Tax -2. t : Page v Property Tax Model Regions (Greater Minnesota) Northwest * \ • North Central K'ttion Roseau Taconite Area MILake d 110 ill ttre tnaoa, / UNIC:=1 ter 0111114111111111" • Norman ah • n Ill 1 Clay BeckerIF, Duluth Area Otter Tai - East Central* J.! GrantDouglas + 101 Central Minnesota _ .� ,. shington Par lip dr •'2 r Metro Area 11=411711161-9IM Dakota EliiiitWate Ca 5111111trii Southeast Pipe . ----- ---- - Murray CO -wl :lue Ea Olmsted ,tone wood ,. n .. Rock Nobles Ja- • MartinI Fariba Freebo Mower (more .• / Southwest South Central Olmsted Co. * Those areas in Aitkin County and Crow Wing County that are eligible to receive taconite homestead credit are included in the "Taconite Area." Notes: In most regions results are displayed separately for cities and for towns. The Duluth Area consists of school districts#709 (Duluth), #700(Hermantown) and#704(Proctor). I House Research Department . 600 State Office Building . St. Paul, MN 55155 . (651)296-6753 • House Research Simulation Report: Property Tax t 2 Page vi Property Tax Model Regions (Metro Area) Anoka Washington N Hennepin _ Suburban Ramsey SW Hennepin It Mpis St.Paul Cary. &Scott Dakota SE Hennepin Notes: North Hennepin consists of Hassan Township plus the following cities: Brooklyn Center, Brooklyn Park,Champlin,Corcoran,Crystal,Dayton(Hennepin portion),Greenfield,Hanover (Hennepin portion),Maple Grove,New Hope,Osseo,Robbinsdale,Rockford(Hennepin portion), Rogers,and St. Anthony(Hennepin portion). Southeast Hennepin consists of the cities of: Bloomington,Edina,Golden Valley, Hopkins,Richfield,and St. Louis Park. The balance of the County (excluding Minneapolis)is considered Southwest Hennepin. House Research Department . 600 State Office Building . St. Paul, MN 55155 . (651)296-6753 House Research Dept. • CARVER & SCOTT COUNTIES Page 25 Simulation ID: 99K4 5/17/99 BASELINE: Preliminary Pay '99 (Revised 4/5/99) 1:22 am vs. ALTERNATIVE: Proj Pay 2000: Final Tax Conference Committee (All figures in S1,000's) MARKET VALUE NET TAX EFFECTIVE Pctg Pctg TAX RATES Baseline Alternative Change Chng Baseline Alternative Change Chng Base Atter Res Hmstd 5,328,886 5,651,595 322,709 6.1 90,128 90,791 663 .7 1.69 1.61 Res Non-Hmstd 286,455 303,795 17,340 6.1 5,942 6,003 62 1.0 2.07 1.98 Apartments 99,587 100,389 802 .8 3,338 3,204 -134 -4.0 3.35 3.19 Low-income Apts 44,563 44,563 0 0.0 649 645 -4 -.6 1.46 1.45 Seasonal Rec 24,923 25,281 358 1.4 567 490 -77 -13.6 2.28 1.94 New Construct 0 301,563 301,563 0.0 0 6,287 ' 6,287 0.0 0.00 2.08 Com/Ind Lo Tier 189,996 193,023 3,027 1.6 6,759 6,541 -218 -3.2 3.56 3.39 Com/Ind Hi Tier 727,641 736,006 8,366 1.1 36,568 35,286 -1,282 -3.5 5.03 4.79 Public Utility 105,526 108,605 3,079 2.9 5,262 5,099 -162 -3.1 4.99 4.70 Ag Hmstd: House 338,586 366,306 27,721 8.2 4,529 4,487 -42 -.9 1.34 1.22 Ag Hmstd: Land 372,461 394,905 22,444 6.0 2,564 2,204 -360 -14.0 .69 .56 Ag Non-hmstd 119,816 126,847 7,031 5.9 1,936 1,644 -292 -15.1 1.62 1.30 Total (incl T1F) 7,638,438 8,352,879 714,441 9.4 158,241 162,681 4,440 2.8 2.07 1.95 TIF Levy 17,089 17,444 355 2.1 Total (excl TIF) 141,152 145,237 4,085 2.9 LEVIES COUNTY CITY/TOWN Pctg Pctg Baseline Alternative Change Chng Baseline Alternative Change Chng Local Levy 42,065 43,733 1,668 4.0 25,480 27,635 2,155 8.5 Fisc Disp Distrib 5,582 5,483 -99 -1.8 3,215 3,394 179 5.6 Total Levy 47,647 49,216 1,569 3.3 28,696 31,029 2,334 8.1 Property Tax Aids 9,678 10,585 907 9.4 8,062 8,166 104 1.3 Total Levy + Aid 57,325 59,801 2,475 4.3 36,757 39,196 2,438 6.6 SCHOOL DISTRICT SPECIAL TAXING DISTRICT Pctg Pctg Baseline Alternative Change Chng Baseline Alternative Change Chng Local Levy 66,340 69,830 3,489 5.3 4,278 4,827 550 12.9 Fisc Disp Distrib 8,610 8,490 -120 -1.4 1,100 1,127 27 2.4 Total Levy 74,951 78,320 3,369 4.5 5,378 5,954 576 10.7 Property Tax Aids 802 529 -273 -34.0 1,313 1,381 68 5.2 Total Levy + Aid 75,753 78,850 3,096 4.1 6,691 7,336 645 9.6 TAX BASE Pctg TAX RATES Net Tax Cap (Pct) Mkt Val (mills) Baseline Altern Change Chng Base Alt Base Alt Total Tax Capacity 120,000 128,585 8,585 7.2 (-) TIF Tax Cap 12,579 12,808 229 1.8 County 42.94 41.56 0.000 0.000 (-) FD Contr Tax Cap 9,447 10,560 1,113 11.8 City/Town 24.72 25.07 .169 .154 School Dist 60.55 58.70 .941 .988 (_) Txbl Tax Cap 97,974 105,217 7,243 7.4 Special Dist 4.37 4.59 0.000 0.000 FD Distr Tax Cap 11,178 12,414 1,236 11.1 Total 132.57 129.92 1.109 1.142 TAX BURDENS ON TYPICAL HOMESTEADS TAX BURDENS ON TYPICAL HOMESTEADS Tax Pctg Tax Pctg Baseln Altern Change Chng Baseln Altern Change Chng Lo Value 92,900" 98,600 6.1 Hi Value 185,900 197,200 6.1 Net Tax 1,254 1,246 -7 -.6 Net Tax 3,380 3,421 41 1.2 Effect Rate 1.35 1.26 Effect Rate 1.82 1.73 • Avg Value 139,400 147,900 6.1 Ex-Hi Value 278,800 295,800 6.1 Net Tax 2,280 2,308 27 1.2 Net Tax 5,577 5,647 70 . 1.3 Effect Rate 1.64 1.56 Effect Rate 2.00 1.91 4 min IF 4 LIGHT RAIL TRANSIT March 1999 w HIAWATHA LIGHT RAIL TRANSIT BACKGROUND • Backbone of a future network of bus, light rail, and commuter rail corridors. • 12.2 mile line connecting downtown Minneapolis with the Minneapolis/St. Paul International Airport and the Mall of America. • Construction is expected to begin in 2000 and the line is expected to open in 2003. • 18 stations, 22 cars, and will serve approximately 24,000 passengers per day. Feeder bus service and park-and-ride lots will be provided. • The total capital cost is projected at $446 million (in 1997 dollars). • Financing for the project is expected from federal, state, and local sources. Half of the funds are expected from the federal government and the remainder from a combination of state and local governments. • Partners include: Mn/DOT, Hennepin County, Metropolitan LRT Joint Powers Board, University of Minnesota, Metropolitan Airports Commission, City of Minneapolis, City of Bloomington, Metropolitan Council, and Metropolitan Transit PROJECT STATUS • Working on an update of the Environmental Impact Statement (EIS) (downtown to Airport). • Working on an Environmental Assessment (EA) of the Bloomington portion (Airport to Mall of America). • Preliminary Engineering to be completed by June 15, 1999. FUNDING STATUS • Funding for preliminary engineering approved by the Federal Transit Administration (FTA). • Project authorized through construction in 1998 Federal Transportation Act (TEA21 - Transportation Equity Act for the 21st Century). Project is competing with over 200 other projects nationwide for FTA funding. • Of the estimated $250 million federal share, Congress has already appropriated $27.5 million for engineering & project development. • Metro Transit and Mn/DOT are requesting $65 million in federal funds for FY 2000 to complete the final design and begin construction. • In 1998, MN Legislature authorized sale of$40 million in General Obligation Bonds or cash as a portion of the $100 million state share. This $40 million represents less than %the total cost of the project. • The Governor is requesting the remaining $60 million in state funds to ensure the highest possible ranking of the project by FTA. -.rime ,, ! The Hiawatha Line Itargaerho Wlooiet Nog Mrapaaea Lgr ail9nmtenEl " .* ti4Vernm*et CEr -.fr, NIMMI •IIrfFMerelly J cfM7rancNra` !fir Line Downtown atirl j LRT Torms1 i Mfrtneepolis .. n1Ae !Fv h� ''rPav trodom ',V Station Q N (CedrRilversade� t a Pork 6.Rlda 06411 �tanr� _ VnrH^4E+ 1 S�J3 Urrir*nnit inmeradia * Fr r �' w 'In''p�� k 7 Mi P+enkrti Franklin!) o a 9hdeeld zeal Si nal to '� is i '',.'5i7)...- w 2 4�} 111 _ hf�ttal (E.Lake St) "Bairn! d9klTlro'nhI• �,�.�••Orn Y, �nrFii.V•rJ 3919 11111111. 3+tlr+t Z ST.PAUL (E.381!1 St) ` :ltin;n Jai 7 a1C or o fi v 4 MINNEAPOLIS +`�, �, +x1'-1 "y 7 LL 'r 3 y` £. Ram a a 3t r .� b i.-rn.a -_ II' m r 1 i ...., Gelege at aIS1 SO+Ee7i St Catharine . 4eiriti w rite WMOM r Fad Rte. Laity. :+r-.,.,.... - tia 13krrr ..in OMNI d MIgrlland + f Park CMlnnehahe Manasseh Ford ,1 M J San ` 5wrslst - VA eAriciieel l':e. xtr-t VA Hospital Cinur ,- a eoro &NI 31 GSA A' ee oyJ "Snelllny U Sheeting I bKfaYt101rrl YelotaPa.k k Rldr. memo all # t Umber; t Park am�� armeri + ._, RICHFIELD Airport gy= p `'R Prortllr• t q`Yi• , b (FIHH To/twilit') ■•nih31 „Lennie4,” �} 7Rha1 w (Northwest Airlines hi7 a (BeillMnq C) ' M r" Oerneemy 7011 91 E NO II k i • 04tI1 Arenu 2 Mall ,. 3111,G1I p 'ti eeSquare t , :' } f i '=El= v, . BLOOMINGTON I Tait. .0 tA., 2 rrrarf6e 93111:.SA t ;. r) Q ..;;;;;;4k-:4".-)i t y 'S HIAWATHA LIGHT RAIL TRANSIT BENEFITS: • Serves Future Growth And Expands Options For Metro Area Commuters And Visitors. The Metropolitan Council expects that by 2020 the Twin Cities: • Population will increase by 650,000 people 25% increase • Households will increase by 330,000 33% increase • Jobs will increase by 380,000 25% increase • Person trips/day will increase by 2.4 million By 2020, 80% of Metropolitan Area freeway system is expected to be congested • 200 lane miles of roadway constructed in past 20 years • 20 lane miles of roadway programmed for next 20 years Mn/DOT states it needs an additional $11 billion to accommodate the projected regional growth on the freeway system. The projected growth in trips cannot be handled by expanding the freeway system alone. A multi-modal approach, including LRT, is needed to solve the region's growing congestion problem. • Improves Mobility, Access, And Connections. Links major activity centers • Downtown Minneapolis 140,000 jobs (+40,000 by 2020) • University of Minnesota 45,000 students 18,000 faculty and staff • Humphrey Metrodome 3 million visitors/year • Target Center 1.5 million visitors/year • Minneapolis Convention Center 2.25 million visitors/year • VA Medical Center 7,400 jobs • MSP International Airport 25,000 jobs 30 million passengers/year • Airport South Business Area 28,000 jobs (+16,000 by 2020) • Mall of America More than 40 million visitors/year • After 40 Years Of Controversy, The Current Hiawatha Corridor Concept Was Approved In The Mid-1980s. • Original plan called for building the Hiawatha corridor as a six-lane freeway with four- lane frontage roads. • The approved plan downsized the highway to four through lanes and provided needed additional capacity through LRT. • Improves Transit Service And Is A Catalyst For Economic Development. • Shape & Guide Future Growth. • Connect City and Suburbs. • Add Stability Through Involving Neighborhoods And Providing An Anchor For New Development. • Maintain The Vitality & Enhance Image Of Community. • Influence Type, Character, And Timing Of Development. • Increase Land Densities Around LRT Stations. • Backbone Of A Future Network Of Light Rail, Commuter Rail, And Transit Corridors. • Future transitways are anticipated to be interconnected to Hiawatha as part of a regional system. They include the Northstar Corridor, Red Rock Corridor, Riverview Corridor, Young America Corridor, Northfield Corridor, East Bethel Corridor, Elk River Corridor, Forest Lake Corridor, and Cedar Avenue Corridor. • Local bus routes will be enhanced as a feeder system to the network of transitways. CURRENT ISSUES: • Timely implementation of the Hiawatha LRT is highly dependent upon securing full funding commitment from the federal government (source of half of total project cost). • Hiawatha LRT is competing for federal funds with over 200 other rail proposals from other cities nationwide. Congressman Sabo and Oberstar urge us to stay ahead of the pack in order to maximize federal assistance. • A Full Funding Agreement must be negotiated with the Federal Transit Administration during the final design phase of the project, in order to secure full federal funding commitment. Securing the agreement, at the earliest possible date, is critical in securing the necessary annual appropriations from Congress over the next 4 years and to maintain project schedules. • Evidence that the non-federal match (state and local funds) for Hiawatha LRT is clearly committed is the most important criteria used by the Federal Transit Administration in making a Full Funding Agreement commitment. This makes it essential for the state to commit the remaining $60 million to the project in 1999. )14 -6196-J" Presentation to City Council of Shakopee May 18, 1999 > Thank you for the opportunity ➢ Objective of County Board is to Enhance Intergovernmental Relations A. Seeking Advice and Input in how to Enhance our Relationship ➢ Handout: 1998 Accomplishments and 1999 Goals > Sample Set of Business Issues: A. Courthouse Remodeling B. County CIP: Highway System Presentation C. Growth and Development D. Land Use Planning E. Park Policy and Amphitheater(s) F. Economic Development G. Vision Shakopee! > Invitation to Participate in a County Government Primer ➢ County Board Mission Statement Shakopeecc Summary of 1998 Accomplbhments ✓ Achieved a favorable decision on SMSC Land Trust Application ✓ Adopted a new Board Committee Structure ✓ Received approval for Workforce Center Plans ✓ Distributed First Edition of new Integrated Newsletter..."The County Lame ✓ The adopted Budget met and exceeded County Board's fiscal policies ✓ Conducted the"A Conversation with Employees"initiative ✓ Initiated study on Consolidation of Govt Services ✓ Opened new Justice Center/Approved Preliminary Design for Courthouse Ring' ✓ Relocated Justice Center offices with existing staff and with no dismptionin seevkixi I Received five NACo Achievement awards ✓ Opened Juvenile Alternatives Facility ity ✓ Ongoing implementation of Truancy Intervention Team ✓ Hired a new Associate Administrator for Employee Relations • Conducted a highly successful Safety and Wellness Fair ✓ Began an aggressive effort to implement Oracle Financial System ✓ Received recognition for loss control programs from MCIT ✓ Upgraded AS 400 Computer System ✓ Installing a high speed frame relay connection with municipalities ✓ Full scale roll out of the Procurement Card ✓ Upgraded PBX System ✓ Witnessed a 20 percent increase in use of Scott County libraries ✓ Achieved the largest summer reading program in library history ✓ Finali"ed plans for Prior Lake Library;building under construction ✓ Beginning the planning process for New Prague Library expansion ✓ Implemented new internal procedures within Court Administration I Created a Capital Improvement Program ✓ Continued progress toward implementation of One-Stop Customer Service Center • Achieved a miniscule error rate of 0.83%on 5,514 applications in the License Bureau I Adopted a Tobacco Ordinance ✓ Successfully prosecuted three high profile criminal cases I Implemented the County's Welfare Reform Plan I Reorganized the Social Services Unit with implementation of concurrent planning ✓ Implemented computerized scheduling in the Transportation Program ✓ Celebration of DAC, including name change,video and reduction in levy costs I Finalized organization of WMO; hired a Water Planner ✓ Completed County Road 21 and 42 Roadway improvements ✓ Published six editions of the SCENE Residents Newsletter ✓ Successful coordinated response to spring storms ✓ Coordinated Scott County Leadership Forum meetings I Achieved legislative success in obtaining Casino Sales Tax Revenues ✓ Continued with plans for fair grounds agriculture facility...Extension building ✓ Successfully integrated and coordinated the largest ever Fair Booth ✓ Implemented the VINE Program in the Sheriff's office ✓ Implemented Offender Tracking Program(SMART System) Summary of 1999 Goals ➢ Assist Commissioner Joe Wagner in his transition to office ➢ Complete the Remodeling of the Courthouse ➢ Move into the New Workforce Center ➢ Continue implementation of Master Plan...PIE Analysis ➢ Plan for future Parks ➢ Continue research/study to prioritize and/or consolidate government services ➢ Construct and operate the Household Hazardous Waste Facility • Construct Extension Facility ➢ Complete the update to the Comprehensive Plan ➢ Adopt the CSAH 42 Corridor Management Plan ➢ Implement the Oracle Financial Systems ➢ Implement One-Stop Customer Service Center ➢ Hire a Deputy County Administrator • Implement a collaborative Court Collection Program with municipalities • Develop communications plan to introduce capital projects • Continue to make progress with county road turnback program ➢ Modify court-ordered cash deposit procedures to better track deposits ➢ Improve data processing between Courts and State Agencies ➢ Open the new Prior Lake Library ➢ Plan for the remodeling of the New Prague Library ➢ Develop and implement the County"Intranet" infrastructure > Connect IT Resources with a County-wide Business Plan > Enhance New World System and programming in Law Enforcement Agencies > Enhance Pay for Results Compensation System > Hire New Training and Development Coordinator • Conduct comprehensive analysis of County's Benefit Programs > Negotiate and settle six bargaining unit agreements > Continue ongoing negotiations with Shakopee Mdewakanton Sioux Community > Continue to enhance and improve the budget process and fiscal policies > Determine long-term structure and capacity of Family Group Conferencing > Conduct team teaching of cognitive skills with County personnel > Continue to enhance the integration and effectiveness of Scott Family Net > Develop a Comprehensive Health Plan > Complete the Community Social Services Act planning process > Effectively integrate the Human Services functions within the Workforce Center > Achieve a successful legislative program, in particular with the"A" priorities s TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Adjourned Regular Meeting - May 18, 1999 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business-(All items noted by an 4 are anticipated to be routine.After a discussion by the President,there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion.Those items removed will be consideredin'their normal sequence on the agenda.Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) • • 4. .4 Approval-of Minutes: 5. Financial 4 A.)Approval of Bills 6. Potential Downtown Sites for SW Suburban Publishing 7. Other Business: 8. Adjourn • edagenda.doc 4e-5,4 CITY OF SHAKOPEE � Memorandum CONSENT ly�io! TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: May 13, 1999 Introduction Attached is a listing of bills for the EDA and Seagate fund for the period 4/30/99 to 05/13/99 . Action Requested Move to approve bills in the amount of $1, 840 .02 for the EDA General Fund and $0 . 00 for Seagate. H 0 0 0 0 0 0 0 0 11 H 0 0 0 0 0 0 0 0 Q A . Wl 0 0 0 0 0 0 0 0 11 0 a0 0 to 01 (N N (11 N H d' 0 N N 0 0 0 0 H O N lD H 0 0 0 0 -....N 03 N 01 O N 14 1' 14 Tr [11 lD H CO 00 CO a) A H H H H H H II PCI 0) II x > n axxx 0) CO 11 H000 al al rn m in Cl) a 0 H nN X � oEa gt Enu) Z 00 A H H HU] U] 41 ..awxZ \GLI r40 irl 44 44 [t. 0 0 a HggGI ,.aaaa w H9 fs7E z rniiial Cx1 a m CZZ `" 0 0 H H W ai l H 3 H d LcS) cu H 0A W3 H zz zz U H 0 EnEWZv] H ro A z x .�4 a H 4 0 A u l0 r1 T-1,7.� II M LC1 lO '-I rsl cr t.0 c0 c0 • II IN N H Ill II 14 N vi Lo II 11 HS Nm 0 11 1.0 1.0 to l x0 II VD1.0ttO1.0 O Z 11 0 0 0 0 it II 11 11 01 01 01 01 11 01 01 01 O1 11 01 01 01 01 ii H H H H II \\\\ tl 10 H H H H n ............\\ A 11 0 0 0 0 * * * H in O1 01 H * H H H * 0 * 0 Z * h N 0 0 H H W Tr Tr dr 0 H 0 0 0 fai 0 0 0 0 14 0 0 Q H ON 01 al rn 0 0 A HHRH Q Q H * A to to Lnul H H * * T. H H H H 0 0 * * Cr.. H H H H H H * * cc) CITY OF SHAKOPEE Memorandum TO: Economic Development Authority Mark McNeill,Executive Director FROM: Paul Snook,Economic Development Coordinator SUBJECT: Potential downtown sites for Southwest Suburban Publishing MEETING DATE: May 18, 1999 Introduction: Commissioners DuBois and Brekke requested that staff identify all potential downtown sites for Southwest Suburban Publishing's (SSP) possible expansion / relocation of its Marschall Road operations to the downtown area. The identification of these sites would be in addition to consideration of the city parking lot property at Fuller Street and County Highway 69 that SSP recently inquired about. The purpose for identifying the additional sites is to take a comprehensive approach to assisting SSP with their expansion needs. Background: Last month, staff received a letter from SSP inquiring about the availability of the city parking lot property at Fuller St. / Hwy 69. At its May 4, 1999 meeting, City Council directed staff to attain an appraisal on said property,with the intention that the established value from the appraisal would be a basis of negotiation for a potential sale to SSP. Discussion: Other Vacant Sites Currently there are very few sites and/or buildings that are known to be for sale or lease in the downtown area. However,there are vacant sites where development of the type proposed by SSP would enhance both the downtown's built environment and economy. These sites are identified in Exhibit A. Inquiry would have to be made to the property owners as to the availability of these properties. Redevelopment Opportunities Other possibilities would be redevelopment of "substandard"or"blighted"properties, similar to what existed on Blocks 3 &4 before River City Centre. This option may require involvement from the City (i.e., TIF for redevelopment) since"the proposed sspsitmo.doc redevelopment would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future ...", etc.- MS. Section 469.175, Subd. 3 (TIF Plan/findings for establishment of district). Exhibit A identifies areas in the downtown that may warrant further investigation as to whether they would qualify under criteria of M.S. Section 469.174, Subd. 10(TIF redevelopment district). The mere identification of these sites/areas is for discussion purposes only; it does not mean they would qualify under TIF redevelopment district law. Action Requested: The EDA should give direction regarding the City's involvement in assisting with alternative downtown sites for Southwest Suburban Publishing's expansion;whether it be simply facilitating contact between property owners and SSP,or whether it also includes providing financial assistance in acquiring a site. sspsitmo.doc I1;') 4MOM II I I II / I - IVI � _ EXHIBIT A -d 7 . _ cfc rf\ �,,�, ' 4s 4.-s "' ajiin.zauzuzos D- -‹f-zz-cl fi' III I 1 L_____Ii____, . _ , __Iii ,. S • 1 \CYC .: / 111 _ 1 I - &\ w W a ill S SIMOTT MI _ _ \, ' . 1 __ Is 1--i 7 � � • � Lt. � -t1 ' 1 — o Q ' 4S l— sw'oIJ I'S r"p1allnJ 1 4 A1 l 1 1 .�- MIMI ORM .ammoaims 1 arm ens p 0 0) rip ' • xo a) p&,,,,s . , , .<1 .E HV rn . _____ NOLLVJ.S ani cil •I-S 1:403S 1 II I I II I ( II I I II I (— I2)4 � !I I i 11 � - .1 i VI d 7 . : EXHIBIT A . _ , r, ,_ . 0 , , - ii, , , , L_______I ' ?II //et . ' .=4Selm "' 9TunIauxmos . D-ts -‹--zz-cl ; I. c.) ‘ :: > p I III &\ / Ili w o . =II - s - I st:m.a7 - I .. ii . J v) r� ts I r \ tai) `"`4 s \EY~ - — � 14 L - 4 _ — -. , ). j � \\ 4S law saupoll 111 III - Iiall . ll= I \ "MUi 0 I \yy�\ r eel°4Ind ,~s2Oz: ,__ I ,,., 7LE : 1 - i swum eas ems am ems .as ...'I Isatm «•• p o oMqV 0 ______ ________ . / ......).:3 a) — ,__, _______ _________ .., HOILV S !H . /2 a II I L -------- is �.�.00s --- I II 1 I H I I I H I I P CITY OF SHAKOPEE r Memorandum CONSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: May 13, 1999 Introduction and Background Attached is a print out showing the division budget status for 1999 based on data entered as of 05/13/99 . Also attached is a regular council bill list for invoices processed to date for council approval. Not included in the attached bill list but included in the total amount of bills shown on the agenda is the below listed subsistence/travel reimbursement for an employee. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt/odometer readings and therefore needs to be paid through payroll as taxable income. Brian Clark $12 .68 Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) and Seagate (codes 6654 & 9450 including Canterbury Drive) in the amount of $1, 840 . 02 . 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 $19, 908 . 89 . Action Requested Move to approve the bills in the amount of $554, 898 . 95. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 05/13/99 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 74,080 3,198 22,946 31 12 CITY ADMINISTRATOR 219,200 7,926 65,617 30 13 CITY CLERK 201,220 6,990 59,755 30 15 FINANCE 348,770 15,134 105,678 30 16 LEGAL COUNSEL 269,000 22,580 141,398 53 17 COMMUNITY DEVELOPMENT 751,720 12,822 150,982 20 18 GENERAL GOVERNMENT BUILDINGS 232,230 5,648 61,124 26 31 POLICE 1,930,119 61,297 638,907 33 32 FIRE 618,420 6,883 171,665 28 33 INSPECTION-BLDG-PLIMBG-HTG 326,710 11,945 100,923 31 41 ENGINEERING 507,620 18,472 158,388 31 42 STREET MAINTENANCE 827,730 17,028 227,766 28 44 SHOP 145,330 7,638 51,206 35 46 PARK MAINTENANCE 487,090 17,671 133,646 27 91 UNALLOCATED 594,550 645 54,366 9 TOTAL GENERAL FUND 7,533,789 215,877 2,144,365 28 17 COMMUNITY DEVELOPMENT 500,630 26,730 284,926 57 TOTAL TRANSIT 500,630 26,730 284,926 57 19 EDA 403,170 3,935 31,916 8 TOTAL EDA 403,170 3,935 31,916 8 ri a) rn ro P4 0.-... 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C3A CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: 1998 Auditor's Report DATE: May 11, 1999 Enclosed is a copy of the 1998 Comprehensive Annual Financial Report for the City of Shakopee that is prepared by city staff. There is a great deal of information in the report and some of it is summarized in the letter in the introductory part of the report. The report is laid out so that the summarized data is on pages one through eight with the accompanying notes immediately following. More detailed financial data comes after the notes. Staff normally does not make a presentation to Council at a meeting because the information is in the written report. If council members have questions, please feel free to call or meet with me or Greg Sticha to review the report. Council has retained the firm of Kern, Dewenter and Viere, Ltd. to audit the city's financial records and make a report to council. Enclosed is a communication from the auditors. Their opinion on the report is page XIII and their compliance report is page 123 of the report. At the council meeting of May 18, 1999, the auditors will present their report to council. It is expected that Loren Viere - Partner and Steve Wischmann - Audit Manager will make the presentation. is\finance\cafr98\audit599 I CITY OF SHAKOPEE Shakopee,Minnesota MEMORANDUM ON FINANCIAL ANALYSIS INFORMATION,ACCOUNTING POLICIES AND PROCEDURES AND INTERNAL CONTROL December 31, 1998 1 I 1 I 1 Kr:0VKern, DeWenter, Vlore, Ltd. Certified Public Accountants ' April 13, 1999 1 Honorable Mayor and City Council City of Shakopee Shakopee, Minnesota ' The accompanying memorandum includes suggestions for improvement of accounting procedures and internal accounting control measures that came to our attention as a result of our audit of the financial statements of the City of Shakopee, Minnesota, for the year ended ' December 31, 1998. The matters discussed herein were considered by us during our audit and they do not modify the opinion expressed in our independent auditors' report dated April 13, 1999, on such statements. ' In planning and performing our audit of the financial statements of the CityShakopee,of Minnesota, for the year ended December 31, 1998, we considered its internal control over ' financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. However, we noted a certain matter involving internal control and its ' operation that we consider to be a reportable condition under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the ' internal control that, in our judgment, could adversely affect the City's ability to record, process, summarize and report on financial data consistent with the assertions of management in the financial statements. The following pages distinguish between reportable conditions, financial ' analysis, and management suggestions. A material weakness is a reportable condition in which the design or operation of one or more of ' the internal control components do not reduce to relatively low level the risk that errors or irregularities in amounts that would be material in relation to the general purpose financial ' statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. ' Our consideration of internal controls would not necessarily disclose all matters in internal controls that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are considered to be material weaknesses as defined above. However, we do not believe the reportable condition described is a material weakness. 220 Park Avenue South, P.O. Box 1304 St. Cloud, MN 56302 7600 Bass Lake Road, Suite 104 320-251-7010 • Fax: 320-251-1784 Minneapolis, MN 55428 ' Twin Cities Metro: 612-338-6202 612-537-3011 • Fax: 612-537-9682 www.kdv.com www.kdv.com 1 1 Honorable Mayor and City Council City of Shakopee 1 Page 2 1 This report is intended solely for the information and use of the City Council, management and others within the City. However, this report is a matter of public record, and its distribution is not limited. We would like to express our appreciation for cooperation extended to us by the 1 employees of the City during our audit. 1 1 KERN,DEWENTER,WERE,LTD. i 1 1 1 1 1 1 1 1 1 1 1 2 FINANCIAL ANALYSIS General Fund The City of Shakopee has consistently experienced increased revenues over the last five years. General Fund revenues increased in 1998 by 17.3% from $ 6,363,245 to $ 7,461,603, compared 1 to a 6.9% increase in 1997. The following graphs illustrate the allocation of the revenues for 1998 and 1997. Significant gains in revenue for 1998 were a result of increased intergovernmental revenue due to storm grants and other grants and an increase in license and permits from $ 746,705 to $ 1,182,851. 1 1998 General Fund Revenues Miscellaneous Charges for Services 6% 17% ' Taxes 42% Fines and Forfeits 1% Licenses and Permits 16% Intergovernmental 16% 1 1997 General Fund Revenues Miscellaneous 7% Charges for Services 16% 111 I Taxes 49% Fines and Forfeits 1% License and Permits 12% Intergovenmental 16% I I 3 I I FINANCIAL ANALYSIS (Continued) Total General Fund expenditures also increased for 1998 from$ 5,525,572 to $ 6,355,376, or 15.0%, compared to an 8.1% increase in 1997. This is the second year of increased expenditures following two years of declined expenditures. The following is an illustrated expenditure breakdown for 1998 and 1997. Significant expenditure increases in Public Works was a result of storm grant expenditures. Other expenses increased from $ 90,936 to $ 413,064 in 1998 due to grant disbursements and other various factors. 1998 General Fund Expenditures Miscellaneous I 6% Recreation 6% General Government`1'3 25% 1 Public Works 24% Public Safety I39% I 1 1997 General Fund Expenditures • Miscellaneous Recreation 2% 6% General Government Public Works 27% 22% 1 1 Public Safety 43% I 4 I IFINANCIAL ANALYSIS (Continued) I Due to the greater increase in expenditures than revenues in 1997, the Fund Balance fell in 1997 after three years of significant increases. The Fund Balance increased in 1998, close to the six year high of 1996. After transfers, the general fund retained$191,246. Fund balance totaled I $ 4,019,747 at December 31, 1998. Of this balance, the Council has designated$ 564,300 for future year appropriations, with the remaining balance undesignated. The bar chart below highlights the General Fund total revenues, expenditures and fund balance the last five years. I General Fund I $8,000,000- I $7,000,000 — $6,000,000-7 I $5,000,000 ■ . - $4,000,00071 NI NI I 53,900,600 MI II ■ 111 $2,900,900 ■ ■ II ii ■ $1,000,000 1 . 1994 1995 1996 1997 1998 •Revenues $5,239,103 $5,667,429 $6,950,161 $8,383,245 $7,461,803 I 0 Expenditures $5,370,060 $5,269,910 $5,110,502 $5,525,572 $6,355,376 O Fund Balance $2,227,747 $3,278,127 $4,245,885 $3,828,501 $4,019,747 I IGovernmental Funds IGovernmental Fund revenues consistently increased over the past three years. Taxes and special assessments account for the majority of the revenues, 60.3% in 1998 compared to 64.1% in 1997. Expenditures in the governmental funds have also increased over the past three years. ICapital Outlay for capital projects continues to be the greatest expenditure every year, totaling 44.6% in 1998 and 39.9% in 1997. This is a result of significant development in the City since 1994. The following charts represent total governmental funds revenues, expenditures, financing Isources and financing uses and fund balances for the last five years. I I 1 S 111 111 FINANCIAL ANALYSIS (Continued) I Governmental Funds I $30,000,000—' 4=11111I _ I I $25,000,000 $20,000,000 fIII O 515,000,000 / / D 1$ 10,000,000-V $5,000,000 - - 2- IL{ . 19941995 1996 1997 1998 URevenues and Other Financing $16,819,196 $18,195,293 $16,956,215 $21,837,036 $27,177,080 Sources I ®Expenditures and Other Financing $13,928,296 $24,317,705 $14,953,477 $20,292,507 $20,523,484 Uses I Fund Balance - Governmental Funds (Fund Balance at December 31) $10,000,000 o $9,000,000 - $8,000,000 1 $7,000,000 I $6,000,000 G $5,000,000 I $4,000,000 $3,000,000 $2,000,000 I $1,000,000 -, General Special Revenue Debt Service Capital Projects 01994 ■1995 0 1996 01997 ■1998 I I 1 6 1 FINANCIAL ANALYSIS (Continued) Debt Service The following charts illustrate debt service requirements through 2018, and bonded debt for the last five years. The next five years will require considerable resources to be committed for repayment of various general obligation,tax increment and revenue bonds, including both principal and interest payments. I Debt Service Schedule i (Including Principal and Interest) $6,000,000 $5,000,000 Is — $4,000,000 1 $3,000,000 ' II $2,000,000 mi II a $1,000,000 IIIIIII1111121121212121 2, 1999 2000 2001 2002 2003 2004 2005 2008 2007 2008 2009 2010 2011 2012 2013 2014 2016 2018 2017 2018 •General Obligation Bonds ❑Tax Increment Bonds 0 Revenue Bonds I 111 I I 7 i FINANCIAL ANALYSIS (Continued) i Bonded Debt i $20,000,000 :::0::: ij 58,900,900 1 50 1994 1995 1996 1997 1998 ❑Gross Bonded Debt ■Net Bonded Debt ■Debt Service Fund Balance i Enterprise Funds The City has five enterprise funds, all of which showed positive net earnings for 1998. The ' Electric, Water and Sewer Funds report the highest operating income. The Recreation Fund continues to struggle in generating operating income,requiring transfers from other funds to subsidize operations. The following charts compare the segment information and retained earnings of all the enterprise funds for the last five years. i i 1 i I i 8 I IFINANCIAL ANALYSIS (Continued) I Electric Fund I $12,000,000-111 I $10,000,000 89,000,000 1ILL 66,000,000 i64,000,000 52,000,000 1 50 , 1994 1995 1996 1997 1998 I ®Operating Revenues ■Operating Expenses ■Operating Income ❑Income Before Operating Transfers •Net Income 1 Water Fund 111 $1,800,000 $1,600,000I - 61,400,000 $1,200,000 I $1,000,000 :::: 5400,000 111 5200,000 Ii'r" 1:11- so 1994 1995 1998 1997 1998 ' ®Operating Revenues ■Operating Expenses ®Operating Income 0 Income Before Operating Transfers ■Net Income I I 1 9 I IFINANCIAL ANALYSIS (Continued) ISewer Fund I $3,000,000 $2,500,000 I $2,000,0001 LI ... .. I $1,500,000 - 51,000,000 I $600,00011111 I 1 11 I i0 1994 1995 1996 1997 T 1998 I0 Operating Revenues •Operating Expenses ■Operating Income 0 Net Income I Storm Drainage Fund I $800,000 I $700,000 $600,000 5500,000 I $400,000 ILIIIL $300,000 �� $200,000 ILl '11 iIh ;' S , 1 1994 1996 1996 1997 1998 IB Service Charges ■Operating Expenses I®Operating Income ❑Net Income I I I 10 I IFINANCIAL ANALYSIS (Continued) I Refuse Fund I $700,000- $600,000-/' I ::::: fl- f I $300,000 1111 111 $200,000 $100,000-V ($100,000) 1994 1995 1996 1997 1998 I O Service Charges ■Operating Expenses ■Operating Income(Loss) 0 Net Income I 111 Recreation Fund I $1,000,000 1 $800,000 I $600,000 — $400,000 I $200,000 $3,717 I so L ($16,404) 1.4(504) R 59,283) - 11, " ,051) - -.. ($200,000) ($290,623) (.325,191) (5328,973) I ($400,000) 1996 1996 1997 1998 ®Operating Revenues ■Operating Expenses ■Operating(Loss) 0(Loss)Before Operating Transfers ■Net Income(Loss) 1 I 11 I 1 FINANCIAL ANALYSIS (Continued) IRetained Earnings - Enterprise Funds I $10,000,000 $9,000,000 - 98,000,000 - - . I87,000,000 / $5,000,000 o -- G $5,000,000 I - -- G _ $4,000,000 -7 .c.= - - $3,000,000 $2,000,000 - $1,000,000 -7 1 I ($1,000,000) Electric Water Sewer Storm Drainage Refuse I Recreation Collection I 0 1994 ■1995 0 1996 111997 O 1998 I Internal Service Fund The Equipment Fund was started in 1995 to fund City equipment purchases. The fund has Ishown increasing growth and income each year as illustrated by the following chart. Equipment Fund I $450,000- 8400,000 5350,000 $300,000 f 4--' 1 $250,000 /---7 $200,000 I - - $150,000- 8100,000-7 - 1 1 $50,000 --- - -— $0 , _-4 fr. 11 I 1995 1998 1997 1998 O Rental Charges •Operating Expenses/Depreciation ■Operating Income 0 Net Income I I 12 I IFINANCIAL ANALYSIS (Continued) ITax Capacity and Certified Levy I $18,000,000- i $16,000,000- I $14,000,000 $12,000,000-Z I $10,000,000 $8,000,000 $6,000,000 J I $4,000,000 $2,000,000 $0 1 1 ll 1994 1995 1996 1997 5 1998 0Tax Capacity $13,569,039 $15,023,819 $16,090,325 $17,142,188 $16,548,256 I ■Certified Levy $2,805,925 $2,805,925 $2,785,342 $3,598,560 $3,263,583 I Tax Capacity Rate 30.000%- II25.000% 27.104% 25.245% I 20.000% 22.458% 23.098% — 21.127%— I 1.12T—I 15.000%-- -_- 10.000% I 5.000% I0.000% , 1994 1995 1996 1997 1998 I I I I 13 I I FINANCIAL ANALYSIS (Continued) ' 1 IGeneral Fund Revenues/Expenditures Per Household I $1,400 - $1,221 I $1,121 $1,200- / $1,180 $1,081 $1,106 $1,040 / iteu $1,000 J I $800-, 10* $800-, 07* 1 •7* $200 J 1988 1888 1997 1998 0 Revenues ■Expenditures I * Denoted the number of households serviced for the year. I IProductivity Measures I 1995 1996 1997 1998 Population 13,752 14,952 16,200 17,107 Number of Households 4,877 5,307 5,755 6,110 I Number of Full Time Employees (Excluding Enterprise Funds) 71 68 70 70 Population per Employee 194 220 231 244 Households per Employee 69 78 82 87 I I I I 14 I IFINANCIAL ANALYSIS (Continued) IBond Ratings 1 25% I 20% 20% I15% 15% 13% 13% I 10% 8% — — 6% 6% I — 5% 5% — 3% — — 3% 4% 2% 1% 1% I 0% M .77 Aaa Aa3 Aa2 Aal Aa A3 A2* Al A Baa3 Baa2 Baal Baa Below Baa *-Denotes City of Shakopee's Rating I I I I I I I I I 15 1 REPORTABLE CONDITIONS During our audit we noted a condition which is considered to be "reportable condition" as defined by standards established by the American Institute of Certified Public Accountants. ' Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect the City's ability to record, process, summarize and report fmancial data ' consistent with the assertions of the Council in the financial statements. The reportable conditions follow. ' Lack of Segregation of Accounting Duties ' During the year ended December 31, 1998, the City had a lack of segregation of accounting duties due to a limited number of office employees. Although this meets the definition of a "reportable condition," it may not be practical to correct since the costs of obtaining desirable segregation of accounting duties may exceed benefits that could be derived. ' MANAGEMENT SUGGESTIONS Tax Increment Financing Districts ' Because of the increased scrutiny that tax increment financing districts have been receiving, we recommend that each tax increment financing district have a master file containing the following information: • Resolution calling for public hearing. ' • Fiscal and economic implications to the city and other taxing jurisdictions. • Follow-up correspondence from city and county. • Affidavit of publication—hearing notice. i • Resolution or minutes from planning commission review. • Supporting data for"but for"test. ' • Supportive data for other findings. • Approval of plans by the city. • Resolution establishing project area and tax increment financing district and adopting related ' plans. • Letter requesting certification by county auditor. • Letter from county certifying District, Original Tax Rate and Original Tax Capacity. • Letter submitting materials to Department of Revenue. • Development Program, Redevelopment Plan or other Project Plans. • Tax Increment Financing Plan. ' • Development Agreements. • Assessment Agreements. • Bond resolutions for all debt supported by increments from the District. 16 1 MANAGEMENT SUGGESTIONS (Continued) Tax Increment Financing Districts (Continued) • Annual reports on the status of the district and evidence of submission to the county board, ' the county auditor, the school board and state auditor. • Annual statements and financial reports including affidavit of publication and evidence of submission to the State Auditor. • Plan amendments, including supporting documents. As additional information and comment, we further recommend that whenever the City agrees to reimburse a developer for costs incurred in a TIF district,that the City obtain documentation as to the actual costs incurred from the developer. In addition, if the City is requesting reimbursements from the TIF Districts, this amount cannot exceed actual administrative expenses incurred or 10% of the project. It is important to note that if in any particular year actual administrative expenses exceed 10%, they can be carried forward to future years. Transit Grant Reimbursement During our audit of receivables, it was discovered that monthly transit grant requests were not filed for the fmal four months of 1998. As a result,the transit funds cash position declined $87,034 in 1998. ' We recommend that monthly reimbursement requests be completed as soon as possible after month end to increase cash flow in the fund. Further, a copy of the reimbursement requests ' should be transmitted to the Finance Department as soon as possible to ensure monthly requests for reimbursement are being made on a timely basis. ' SUMMARY Comments and recommendations contained in this letter are not directives, but instead are intended to provide a basis for discussion and further thought. We thank you for your support and providing us with the privilege to work with you. I I ' 17 CITY OF SHAKOPEE 10 . 19, Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I C:q"-- _ SUBJECT: Partial Vacation of Alley in Block 36, OSP APPLICANT: Valley-Dynamo,L.P. (Joel R.Puffer,Atty.) DATE: May 18, 1999 Introduction The City Council received a request from Valley-Dynamo LP to consider the partial vacation of the alley located in Block 36, Original Shakopee City Plat,between Pierce and Shumway Streets. Discussion Attached is a copy of a survey map illustrating the subject property and proposed alley vacation. The alley is encumbered by the existing Valley Recreation Products building. This alley was initially approved for partial vacation by the Common Council on May 14, 1957. However, the resolution approving said vacation was returned without the mayor of Shakopee's signature due to his objections (refer to"Surveyor's Note"). Mr. Puffer, on behalf of Valley-Dynamo is requesting action to officially vacate the alley by the City Council once again, and help alleviate future title problems. City Staff recommended the entire alley be vacated. Other agencies, city departments and utilities have been notified of the proposed vacation. Due to the presence of existing utilities on the westerly edge, the vacation will be subject to the retention of an easement over the west 71.05+feet of said alley. No other comments adverse to this request have been received. The attached resolution approves the requested vacation, and authorizes the Mayor/City Clerk to execute said resolution on behalf of the City. Alternatives 1. Approve Resolution No. 5139, approving the requested vacation and move its adoption. 2. Deny the request to vacate the subject easement. 3. Table the decision to allow staff or the applicant time to provide additional information. Planning Commission Recommendation The Planning Commission recommended Alternative 1, approval of the partial vacation request. Action Requested Offer and approve Resolution No. 5139. i:\commdev\cc\1999\cc0518\vac bk36.doc q � ei 101 fil!/ wS �;.�►►t 1u111111 i � ,$;. 1_, ��. .0 SII 111 111111 ►►►- 11W � :ft�I►!i►► �i�ii iiiuniii�14I uon nun , vI%%I%' rt111U% 11111►►I ►um pr teat 1/11D���.. 11 ►111AA ►u►u ,,�;�n iii%1 ► �ii1111/111►r ' 'nm , tt 11i► .e 111 - ,� 111! 111.� nen► ---► ►►►'n ►ItIt1 111 . ■• 11111unv 111111 NnAin 11111 a 11111.' i' 111i�i® .•111 l 1: ►1111111111• Gnth► pt11 ► 1111► 1111:: �1,; ►IG: ■aua11 1111111111111141i ?I! * 11114 n■■■ r11►1 ►� ,' � 111 '�% ;i111t IIIIIIIIIIn e,n,►.::�■ ! n111111111 tot ::1111111 ®1 -.�►Illllllll 14„•,�,:61i� it11nr..:� ttt n►►tv 1n►��►�1► ►tttt It►tt 1111411� It1111rj�lltl► '1►1111►mn m�1►t1►1/1►► � ttnle Nnl l'1►1/:::111;::::::at:-i;"::ttt:itt;::L*1:a1:1::.11:::::s:1:1 1111x11111�tt10 'i11111 j1111 v11■ 111��•���t :I►�' ��ii �i1p111111111/'i1111111 11101_ , .111111 _ se it ••1111 ••1••Iltl_1y— ,■111. ,.. p_`li ■_ ..►.. ..B 1 � 11 ►;i1111::�1111111i •.•i111111�11.. 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I. it .`• rep '{{{Silt{{{{{{ {{{{{{{{{{{••I M ;� . j pi•stir .t6 a.',sw VI r• _ *,r .w Y: V... zlifiaVeAR...... 1^.. 1 t ,,,-.:-- 1.104:11t §- it teat 77� 4"` \ c -4:t jj; in ii 0 \ ,-I, r ' 4 'P C i i i I. t i SURVEYOR'S NOTE Resolution vacating that part of Pierce Street not heretofore vacated and lying drawn Northof thecenterof the alley in Block h line of Third Street and South of a line d `� 36 projected Westward to Block, 37 and all of the alley in Block 36 except the North 8 eet of the West 180 thereof was passed by the CommonCouncil ofthe City f of t Shakopee on May 14, 1957. The Mayor returned the resolution on May 20, 1957 without his signature with his objections in writing. RESOLUTION NO. 5139 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING PART OF ALLEY IN BLOCK 36, ORIGINAL SHAKOPEE CITY PLAT, CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, it has been made to appear to the Shakopee City Council that part of a an alley dedicated in Block 36, Original Shakopee City Plat, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 18th day of May, 1999; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the following alley right-of-way in Original Shakopee City Plat, County of Scott, State of Minnesota, serves no further public need for alley purposes: The 16 foot wide alley right-of-way in Block 36, Original Shakopee City Plat, County of Scott, State of Minnesota. 3. That the right-of-way described above is hereby vacated subject to the following condition; That the City reserves to itself, its licensees, and franchise holders a perpetual drainage and utility easement on, under, and over the West 71.05+ feet of vacated right-of-way for utilities, with the right to install, maintain, repair, lay and relay utilities by the City,its licensees and franchise holders. 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. RESOLUTION NO.5139 Page 2 of 2 Adopted in session of the City Council of the City of Shakopee, Minnesota, Held the day of , 1999. Jon P. Brekke, Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee,MN 55379 10. 13. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Drainage and Utility Easement in Boulder Ridge MEETING DATE: May 18, 1999 INTRODUCTION/DISCUSSION: Sand Properties,Minnesota, Inc. (Sand)has requested the vacation of easements that will not be used. Easements currently exist on the site within Lot 2,Block 1 and over a portion of Outlot A, as depicted in Exhibit A to the Planning Commission report. The easement within Lot 2, Block 1 will not be utilized and the replat of Boulder Ridge Townhomes will eliminate that portion of Outlot A depicted on Exhibit A. Therefore,the drainage and utility easements in both of these locations do not serve any public purpose. Other agencies, city departments and utilities have been notified of the proposed vacation, and no comments adverse to this request have been received. ALTERNATIVES: 1. Approve Resolution No. 5140 vacating drainage and utility easements in Lot 2,Block 1 and a portion of Outlot A,Boulder Ridge. 2. Do not approve Resolution No. 5140 vacating drainage and utility easements in Lot 2, Block 1 and a portion of Outlot A,Boulder Ridge. 3. Table the decision for additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the proposed vacation at its meeting of May 6, 1999 and,by consent, recommended vacation of the subject easements. ACTION REQUESTED: Offer and pass Resolution No. 5140 vacating drainage and utility easements in Boulder Ridge. .711 R. Michael Leek Community Development Director RESOLUTION NO. 5140 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING DRAINAGE AND UTILITY EASEMENTS LOCATED IN LOT 2, BLOCK 1 AND OUTLOT A, BOULDER RIDGE ADDITION, CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS,it has been made to appear to the Shakopee City Council that part of a drainage&utility easements dedicated within Lot 2,Block 1, and Outlot A,Boulder Ridge Addition, City of Shakopee, County of Scott, State of Minnesota, serve no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 18th day of May, 1999; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines the vacation hereinafter described is in the public interest; and 2. That the following drainage and utility easements located in Lot 2, Block 1, and Outlot A. Boulder Ridge Addition, City of Shakopee, Scott County, Minnesota, serve no further public need, are hereby vacated, and are depicted on attached Exhibit A. 3. After the adoption of this Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. RESOLUTION NO. 5140 Page 2 of 2 Adopted in session of the City Council of the City of Shakopee, Minnesota, Held the day of , 1998, Jon P. Brekke, Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street 11 1 ' 1 . ... . .. ......'...''/ I VI-I I A 1-..,-,",-,rs,e,. C); 1 TI I':k7-. 1.11f-I.il,•1/4/- i.ii ll.. - . I, i f 1 /-.L...LJI 1 1,_/1.4 . 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"\t9.79O • 64 ii' ID: ,:' i‘ '''. 6° \ 4j* Ei, 5, • i I i 1 1 N., in t-i 4. 211% :... 4.' :',: :8 L.:g '1' . a 930 I i z 1.1.1 0 tc8 :4 0, 9, .-., <Fil 71: * 1... - : :. r) M i 1 ,.. G m.o. , 3.,.gips .1- . z...,. 4.. li 1 1 '42,4L. l 1 •474.1.13 1 4 i I , • - .--- --_ 494.18 900.01'41"W __ 1 v N pz..,4 C .S .A.H . NO . 17 (MARSCHALL RD . ) y 1:74 I "i c M __ I I - -- - " I 1,,,, -P i.,;,\E„.,,,,-,,, ,..--,F.,,- ,- r.c.c.. i le",:t.1 vv I 11'......: 1 . .,i....1.,1 I frit( 1'73 • . � . CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Vacation of a Drainage&Utility Easement Boulder Ridge MEETING DATE: May 6, 1999 Site Information Applicant: Sand Companies, Inc. Site Location: Boulder Ridge Current Zoning. Medium Density Residential(R2) Adjacent Zoning. North: Urban Residential (R-1B) South: Vierling Drive/Hiighway Business(B 1) East: County Road 17/Highway Business(B-1) West: Urban Residential(R-1B) 1995 Comp. Plan: Medium Density Residential MUSA: The site is within the MUSA boundary Introduction The City Council received a request from Sand Companies, Inc. to consider the vacation of drainage and utility easements, located within Boulder Ridge. Discussion The purpose of this request is to eliminate easements that will not be used. An easements currently exists on the site within Lot 2, Block 1 and over a portion of Outlot A, as depicted in Exhibit A. The easement within Lot 2, Block 1 will not be utilized and the replat of Boulder Ridge Townhomes will eliminate that portion of Outlot A depicted on Exhibit A. Therefore, the drainage and utility easements in both of these locations do not serve any public purpose. The City Council will hold a public hearing on May 18, 1999, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Other agencies, city departments and utilities have been notified of the proposed vacation, and no comments adverse to this request have been received. Maps indicating the location and proposed vacation are attached for your review. Alternatives: 1. Recommend to the City Council the approval of the vacation of the drainage and utility easement in Lot 2,Block 1 and a portion of Outlot A, Boulder Ridge. 2. Recommend to the City Council denial of the request to vacate the subject easement. 3. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation: Staff recommends Alternative No. 1, the City Council approval of the vacation of the drainage and utility easement in Lot 2,Block 1 and a portion of Outlot A,Boulder Ridge. Action Requested: Offer and pass a motion recommending approval of the vacation of the drainage and utility easement in Lot 2, Block 1 and a portion of Outlot A, Boulder Ridge. Julie Klima Plner II is\commdev\boaa-pc\1999\0506\vacsand.doc _ _ ... tAlf- .Yi�N * .. � .. � y yY!` '1ys4w (.a. iL t' :1; 1/ ' 'e '4. ' ,,,1,1.s.4..-r.'.. .r.e- ..,r.. , ss N nom...�,..'.. • Ell ilow il. E. MIMI— E !k! !I! Eii- --- = =IIi _INN - _ _■ EN s■ 4 D�. __ . =1•11 a.1: ir,,,' R1B �� Arun.0./gun rs���1 itv4uni too 4 illi14(a-l' ifeW lk 1►2.�A. i �/ixt`�im ��fmlik I/` R3 1l &��A�iii�i dig 4et eisu _ — Illl11611 1 �� ,. ♦ '� es . ' — I l,1 11.1.1■■■■■ 111\41 U ;�� 41 .! t! I7— ���,��,��;��,4d'wiii� m D R 4111 �•1* �0��$ 11►� B 1 ® R 111 Olt : 1.01 -1 . '121m!------------E-----' $41 OW Ara It `e$ ST-.169 I-- - o❑ \\O 00 7/T041 CB ' ' 4 4 . r VAN .. 1 �{1 V1 * I••�xi Proposed Sand Companies Vacation N Zoning PillikkAl w =` E Rights-of-way SHAKOPEE Parcels CCUMuNrry PRIDE SINCE ma S 04/13/99 CAI ri9 131. frJL/ CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Resolution Language Revisions DATE: May 18, 1999 Please find attached revised drafts of the following resolutions: • Resolution No. 5141 - Approving the Final Plat of Orchard Park West 3rd Addition • Resolution No. 5145 - Approving the Preliminary Plat of Shakopee Valley Marketplace • Resolution No. 5142 - Approving the Final Plat of Vierling Plaza • Resolution No. 5143 - Approving the Preliminary Plat of Shenandoah Apartments The revisions to these resolutions were necessitated by a language modification regarding special assessments. Specifically, the Finance Department has requested that language be included in the above mentioned and all future projects containing payment and reapportionment of special assessments. If a developer does intend to request that the special assessments be reapportioned, the City shall be given one month's notice in order to coordinate City Council review and reapportionment processing. RESOLUTION NO. 5142 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING'1'H H; FINAL PLAT OF VIERLING PLAZA WHEREAS, Continental Fund 89 L.L.C., as Applicant and James D. Render, Owner of the property described below have made application for approval of the final plat of Vierling Plaza; 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 TRANSPORTAHON RIGHT OF WAY PLAT NO. 70-5. and WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat of Vierling Plaza on May 6, 1999, and has recommended its approval;and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Vierling Plaza is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) The plat and associated drawings shall be revised to include the recommendations that have been presented by the City's traffic consultant; ii) 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 iii) An agreement shall be reached regarding participation of the costs for the improvements required for Vierling Drive. iv) Approval of title by the City Attorney. v) Execution of a Developers Agreement with provisions for Plan A and Plan B improvements: (1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (4) 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. (5) 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. (6) 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. (7) Easements shall be added to the plat, for all public improvements, and as required by City Code and a trail easement on north boundary of the plat acceptable to the City Engineer. (8) Signed petition for Plan B improvements. vi) Park Dedication fees shall apply to this plat in the amount of$3880 per acre. These fees shall be collected at the time of building permit issuance. vii)The City supports a right-in access from County Road 17 (Marschall Road). viii) 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. ix) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. x) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. xi) Developer shall pay existing levied special assessments. xii)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 CERTIFICATION OF RESOLUTION NO. 5142 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5142, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the May 18, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL RESOLUTION NO. 5143 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING TH N; PRELIMINARY PLAT OF SHENANDOAH APARTMENTS WHEREAS,Heritage Development of Minnesota, Inc. is the applicant, and Lorraine M. Parrott is the owner of said property;and WHEREAS,the property upon which the request is being made is legally described as on attached Exhibit A; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Shenandoah Apartments on April 22, 1999, and has recommended its approval with conditions; 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 Shenandoah Apartments is hereby approved subject to the following conditions: a) The following actions must be completed with the final plat application: i) The utilities plan shall be revised to show hydrant locations as recommended by the Fire Chief. ii) The lot configuration shall be revised to comply with the lot specifications of Sec. 11.34 Subd. 5.C. iii) Signature blocks shall be provided for review. b) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: (1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (4) Installation of sanitary sewer and storm sewer systems, and construction of streets (both public and private) in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. (5) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. (6) The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. (7) Developer shall pay existing levied special assessments or may request with the application for final plat, that special assessment code 27095 be reapportioned against new lots. If the request is approved, developer shall pay the current fee for reapportioning each assessment code and agree to the City Engineer's reapportionment. iii) Park Dedication fees shall be assessed at$1,000/unit, and will be deferred until issuance of building permits. This fee will reflect the current City's adopted Fee Schedule at time of building permit application. iv) The City shall require the submission of a landscaping bond at the time of building permit application in an amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. v) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. vi) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. vii)All necessary easements, including drainage and utility easements, ponding easement and access easements to ponding areas, shall be indicated and dedicated in the revised site plan and plat as required by City Code and according to the City Engineer. c) The following general conditions shall apply to the plat: i) No berming, landscaping, ponding, or signing will be allowed within the County right- of-way. ii) Any grading or utility work required within the County right-of-way will require a permit prior to the work commencing. iii) An access permit will be required for Alysheba Road. No other accesses to CSAH 16 from this property will be allowed. Any existing accesses to this property will need to be removed. iv) A temporary rock pad is required to prevent dirt from being tracked onto the county highway during the grading operation. Sweeping of the county highway shall be done as required by the County. v) Driveways shall only be located and sized as approved by the City Engineer. vi) The property owner, his/her heirs or assigns shall be responsible for the ongoing maintenance of driveways, parking lots area, landscaped areas, and structures contained within the plat. 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 RESOLUTION NO. 5145 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF SHAKOPEE VALLEY MARKETPLACE WHEREAS,Oppidan Investment Company is the applicant,Eugene Hauer,Eileen Kerkow and Sharron Bernhagen are the owners of said property; and WHEREAS,the property upon which the request is being made is legally described as follows: The Southeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota, lying southerly of the plat of Minnesota Department of Transportation Right of Way Plat No. 70-5; Except the South 8.00 feet of the Southeast Quarter of the Southeast Quarter of Section 7. The South 8 feet of the Southeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota. The North %z of the Northeast '/4 of the Northeast '/4 of Section 18, Township 115, Range 22, Except the North 8 feet of said North Half and also except the South 330.00 feet of the West 450.00 feet of said North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota. The North 8 feet of the North Half of the Northeast '/4 of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota. The South 330.00 feet of the West 450.00 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Shakopee Valley Marketplace on May 6, 1999, and has recommended its approval with conditions; 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 Shakopee Valley Marketplace is hereby approved subject to the following conditions: 1. The Final Plat submittal shall include the following information: a) The plat and associated drawings shall be revised to include the recommendations that have been presented by the City's traffic consultant; b) 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 CSAH 17 and 17th Avenue; and c) An agreement shall be reached regarding participation of the costs for the improvements required for CSAH 17 and 17th Avenue. d) The final plat shall include a revised lot line between Lots 1 and 2, Block 1 to ensure that a 30 foot setback can be accommodated on the east boundary of Lot 1 and a 20 foot setback can be accommodated on the west boundary of Lot 2. 2. 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 with provisions for Plan A and Plan B improvements. c) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. e) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. f) 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. g) The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. h) The developer shall be responsible for the construction and any associated costs of a bituminous trail along the north side of 17th Avenue along the southern boundary of the plat. i) Easements shall be added to the plat, for all public improvements, and as required by City Code and a 10 foot trail easement on south boundary of the plat. j) Signed petition for Plan B improvements. k) Park Dedication fees shall apply to this plat in the amount of$3880. per acre. These fees may be deferred to the issuance of building permit for each lot. If the fees are deferred to the issuance of the building permit, fees shall be charged according to the fee schedule in place at the time of building permit issuance. I) The shared access/driveways between all lots shall be approved subject to a property owners association or a maintenance agreement for the access/driveway being executed designating the party responsible for maintaining the access/driveway, and granting that party the right to assess all properties benefiting from the access/driveway for the cost of maintenance. The agreement also shall grant the City the right to enter and maintain the access/driveway when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. m) Cross easements shall be required to ensure access is provided to Lot 1, Block 1 due to the fact that it is not provided access from the public roadways that it fronts. n) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. o) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. p) Developer shall pay existing levied special assessments or may request with the application for final plat, that special assessments be reapportioned against new lots. If request is approved, developer shall pay the current fee for reapportioning each assessment code and agree to the City Engineer's reapportionment. 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 RESOLUTION NO. 5141 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF ORCHARD PARK WEST PUD 3RD ADDITION WHEREAS,Laurent Builders, Inc., is the applicant and owners of said property. WHEREAS, the property upon which the request is being made is legally described as follows: Outlot B, Orchard Park West PUD 1st Addition, according to the recorded plat thereof Scott County,Minnesota Outlot A, Orchard Park West PUD 2nd Addition, according to the recorded plat thereof Scott County,Minnesota;and WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Orchard Park West PUD 3rd Addition on April 22, 1999, and has recommended its approval. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Orchard Park West PUD 3rd Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00.per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements , engineering review fees, and other fees as required by the City's 1999 Fee Schedule. g) Park dedication payments shall be required in amounts consistent with Resolution No. 4699. The payment of park dedication fees shall be deferred to the issuance of building permit. h) VIP connection fees shall be paid prior to the recording of the plat. i) Developer shall pay existing levied special assessments or may request that they be reapportioned against new lots. If request is apoproved, developer shall pay the current fee for reapportioning each assessment code and agree to the City's reapportionment. 3. The City Engineer and Shakopee Public Utilities must approve the Final Construction Plans and Specifications prior to the commencement of construction. 4. The developer shall provide easements, as required by City Code. 5. The developer shall provide a 5 foot trail easement along the south side of Vierling Drive. 6. The conditions outlined in the Planned Unit Development approval resolution(Resolution No. 4728) shall be adhered to. 7. The cover page of the Final Plat shall be revised to include language which dedicates all rights-of-way included with this development. 8. The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one-year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 9. Minnegasco must approve any changes in grade over easement areas. 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 1y4. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council f `f 1 w d Mark McNeill, City Administrator -_ FROM: Julie Klima, Planner II SUBJECT: Final Plat of Orchard Park West 3rd Addition DATE: May 18, 1999 Discussion Laurent Builders, Inc. is requesting Final Plat approval of Orchard Park West 3rd Addition. The subject site is generally located north of County Road 78 and east of County Road 79. A copy of the April 22, 1999, Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Orchard Park West 3rd Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of Orchard Park West 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Orchard Park West 3rd Addition. 4. Table action on this item and request additional information from the applicant and/or staff Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Orchard Park West 3rd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5141, a Resolution Approving the Final Plat of Orchard Park West 3rd Addition, subject to conditions, and move its approval. lie Klima lanner II i:\coimndev\cc\1999\cc0518\fpww3.doc RESOLUTION NO. 5141 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF ORCHARD PARK WEST PUD 3RD ADDITION WHEREAS,Laurent Builders, Inc., is the applicant and owners of said property. WHEREAS, the property upon which the request is being made is legally described as follows: Outlot B, Orchard Park West PUD 1st Addition, according to the recorded plat thereof Scott County,Minnesota Outlot A, Orchard Park West PUD 2nd Addition, according to the recorded plat thereof Scott County,Minnesota;and WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Orchard Park West PUD 3rd Addition on April 22, 1999, and has recommended its approval. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 'THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Orchard Park West PUD 3rd Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements , engineering review fees, and other fees as required by the City's 1999 Fee Schedule. g) Park dedication payments shall be required in amounts consistent with Resolution No. 4699. The payment of park dedication fees shall be deferred to the issuance of building permit. h) VIP connection fees shall be paid prior to the recording of the plat. 3. The City Engineer and Shakopee Public Utilities must approve the Final Construction Plans and Specifications prior to the commencement of construction. 4. The developer shall provide easements, as required by City Code. 5. The developer shall provide a 5 foot trail easement along the south side of Vierling Drive. 6. The conditions outlined in the Planned Unit Development approval resolution (Resolution No. 4728) shall be adhered to. 7. The cover page of the Final Plat shall be revised to include language which dedicates all rights-of-way included with this development. 8. The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one-year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 9. Minnegasco must approve any changes in grade over easement areas. BE IT FURMER 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 . _ 14 6 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Orchard Park West 3rd Addition MEETING DATE: April 22, 1999 REVIEW PERIOD: March 26 -May 25, 1999 Site Information Applicant/Owner: Laurent Builders, Inc. Location: West of CSAH 77 and north/south of Vierling Drive Current Zoning: Urban Residential(R-1B)/PUD Overlay District# 13 Adjacent Zoning: North: Urban Residential(R-1B)Zone South: Urban Residential(R-1B)ZonehHighway 169 East: Urban Residential(R-1B)Zone West: Urban Residential(R-1B)Zone 1995 Comp. Plan: Single Family Residential Area: 23±acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Orchard Park West 3rd Addition Final Plat Map Exhibit C: Orchard Park West Preliminary Plat/Site Plan Introduction Laurent Builders, Inc. is requesting approval of the Final Plat for Orchard Park West 3rd Addition. This development is generally located north of Highway 169, adjacent to Vierling Drive and west of CSAH 77 (Exhibit A). This Final Plat (Exhibit B) is in substantial conformance with the approved planned unit development (PUD) and preliminary plat. Considerations 1. This development will plat twenty-six(26)lots for single family detached residential development. 2. The Engineering Department has reviewed the submittal materials and has provided comment. Staff has incorporated these recommendations into the conditions of approval. 3. Building site plans, setbacks, materials, and landscaping will be reviewed by the Building Official, City Planner, and City Engineer at time of individual building permit application. 4. The City Attorney has commented that the dedication language on the cover page will need to be revised to include all rights-of-way to be dedicated with this plat. Staff has incorporated this recommendation into the conditions of approval. 5. A temporary cul-de-sac shall be required to be constructed at the end of Harvest Lane. Conditions requiring this have been included in the recommended conditions of approval. 6. Lots 5 -9,Block 3;Lots 4 and 5,Block 1; and Lots 2-5, 8, Block 2 do not meet the required lot width of 60 feet at the 30 foot front setback line. Staff is recommending that prior to City Council review of the Final Plat, the developer shall provide a revised plat drawing to the City which includes 60 foot lot width for all lots within the development, as required by Resolution No. 4728 (The resolution which approved the PUD). Alternatives 1. Recommend to the City Council approval of the Final Plat of Orchard Park West 3rd Addition, subject to the following conditions: a) Prior to City Council review of the Final Plat, the applicant shall provide the City with a revised plat drawing in which all lots meet the required 60 foot minimum lot width at the 30 front setback line. b) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements , engineering review fees, and other fees as required by the City's 1999 Fee Schedule. g) Park dedication payments shall be required in amounts consistent with Resolution No. 4699. The payment of park dedication fees shall be deferred to the issuance of building permit. h) VIP connection fees shall be paid prior to the recording of the plat. iii) The City Engineer and Shakopee Public Utilities must approve the Final Construction Plans and Specifications prior to the commencement of construction. iv) The developer shall provide easements, as required by City Code. v) The developer shall provide a 5 foot trail easement along the south side of Vierling Drive. vi) The conditions outlined in the Planned Unit Development approval resolution (Resolution No. 4728) shall be adhered to. vii) The cover page of the Final Plat shall be revised to include language which dedicates all rights-of-way included with this development. viii) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one-year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 2. Recommend to the City Council approval of the Final Plat of Orchard Park West 3rd Addition with revised conditions. 3. Recommend to the City Council the denial of the request for approval of Orchard Park West 3rd Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Orchard Park West 3rd Addition, subject to the conditions. 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Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Shenandoah Apartments MEETING DATE: May 18, 1999 APPLICATION DATE: February 16, 1999 INTRODUCTION: Heritage Development of MN,Inc. is requesting approval of the preliminary plat of Shenandoah Apartments. The applicant proposes the construction of 14 buildings having a total of 290 dwelling units. Gross density of the proposed project is 13.09 dwelling units per acre, while the net density is about 14.8 dwelling units per acre. The R-3 zoning district permits net densities of 11 to 18 dwelling units per acre, so the proposed density is within the range allowed in the R-3 District. The Council has seen a previous version of this plan in connection with the rezoning request. That version of the plan showed a total of 312 dwelling units, 22 more than in the proposed preliminary plat. DISCUSSION: The Planning Commission recommended approval of the preliminary plat with a number of conditions, including the following: a) The following actions must be completed prior to review of the preliminary plat by the City Council: i) The applicant must confirm the total proposed building square footage so that staff can confirm that the City's landscaping requirements are met. ii) The applicant shall provide documentation(in accordance with City Code Sec. 12.07, Subd. 6 (Buffering Residential Subdivision Adjacent to Intermediate and Principal Arterial Roads), that the project as proposed will comply with applicable ambient noise standards. iii) If the applicant wishes to request deferral of park dedication fees until the time of building permit application, such request shall be made in writing. iv) Revision of the utility plan to show revised hydrant locations as required by the Fire Chief. v) The 30' x 49' area labeled "R.O.W. TO BE ACQUIRED" in the northeast corner should be deleted from the plat drawing since it is outside the proposed plat. The applicant has complied with items i—iii and v,but has been unable to comply with item iv because staff has been unable to get clarification from the fire department of the desired hydrant locations. As an alternative,the resolution attached to this report requires revision of the utilities plan before release of the plat for recording. The applicant indicated to the Planning Commission that the current configuration of the lots in the preliminary plat was suggested by the Scott County Surveyors office. The configuration would be typical of a CIC-type plat,but seems unusual in the context of a proposed rental project. Because the resulting lots do not meet the lot specifications of the R-3 district, the final plat should be revised to reflect these standards. The Scott County Highway Department has made a number of comments which have been included in the draft conditions: Alternatives: 1. Approve Resolution No. 5143 approving the preliminary plat of Shenandoah Apartments with conditions as presented. 2. Approve Resolution No. 5143 approving the preliminary plat of Shenandoah Apartments with revised conditions. 3. Do not approve the preliminary plat of Shenandoah Apartments. 4. Table a decision to allow time for revision of the utilities plan to show revised hydrant locations, revision of the plat to depict lots meeting the lot size requirements of the R-3 zone, or for other information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission at its meeting of April 22, 1999 reviewed the proposed preliminary plat. The Commission recommended approval of the preliminary plat with conditions proposed by staff by a vote of 7-0. Mr. Cliff Stafford appeared at the public hearing to express his opposition to the proposed plat, and his belief that the review by the Commission was not in order. Action Requested: Offer and pass a motion approving Resolution No. 5143, a resolution approving the preliminary plat of Shenandoah Apartments with conditions, or such other motion as the Council deems appropriate. R. Michael Leek Community Development Director is\commdev\cc\1999\0518991PPShenandoahApt.doc / / / / / ./ / / / / / , =___—__-._- GRA-, -i.-9EL gp___.——— --- / / ,�gQ a c3 0 ++414:4* a° ib ° k ° . 4%,,,, / , Cs. ffr.,e, i ,14/41p I L . .. 4af 4 /% --. ...)/ I a g*/:, 1., / , 41 ,/ / /, :17„ 0 I( / ildis\13 0 4k /*/a . t14 1\ / , * 1 111\\ yam ,C 7'1i/07/ /I 17 fro a \ 1 / boo 0% • fi o , , .0, 411 \ s„?/// /" ,9 1 0, 030 .ii\,N , . N/ , , , 0 dp.°0(..., SOO eo 1 / //00 si.N , 0 1 . , ,, 0 4,_.., ..., iiiiiii - N ic .. __ ____Li ____ / / cir-:,9 ° *Erni 1 I.'L 1 ' . . '!.1 01/ . / /IL-) / .7,/,:: 01- ,LIHll / 0 -"ro illiP dit f /4.0. • i)%''' Wag IV 41111111,____„,„PL4Ral a i / a I'm /i, 0 � � I 1111111111 1:1111,1 l 1� / Q { '* 41 i:ilio' P cinnim ',..;,'/ ',, / 'ill 0 SA.% it li 0 \ /00161r 0 ,/ COIL :111 It / 1410 ; 'DI' 1,.x1 I I i 1 i ,IIS -' tHei -1,1 /bo 4, Ira 10 I r r ' 6 El 0 •+_ o a #1 i_,',, , �: 1 1 --- �- IIIIIInII1 j 11011111 • I / I - A § liz-- ; . '' A i A 1 _ :I" . i- ; 1 i -.)- li '1 1 1 i s, r f -4 ij p li 4 R e nmSa0fll�TA01 PARA Uwa.OUNlA T M®� C_ICA:". .zarir..�°._ " .,o=, "21 MMARY.A1vec4FEPLN HERITAGE DEVELOPMENTENGINERG DSIGN " "'""' ate SHENWWNDQAu ADMD tc swim MINNA • ImOipOT1 a61t9 W A4117NoW. wentom ------ RESOLUTION NO. 5145 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING 1'HI PRELIMINARY PLAT OF SHENANDOAH APARTMENTS WHEREAS,Heritage Development of Minnesota, Inc. is the applicant, and Lorraine M. Parrott is the owner of said property; and WHEREAS, the property upon which the request is being made is legally described as on attached Exhibit A; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Shenandoah Apartments on April 22, 1999, and has recommended its approval with conditions; 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 1'HE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat of Shenandoah Apartments is hereby approved subject to the following conditions: a) The following actions must be completed with the final plat application: i) The utilities plan shall be revised to show hydrant locations as recommended by the Fire Chief. ii) The lot configuration shall be revised to comply with the lot specifications of Sec. 11.34 Subd. 5.C. iii) Signature blocks shall be provided for review. b) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: (1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (4) Installation of sanitary sewer and storm sewer systems, and construction of streets (both public and private) in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. (5) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. (6) The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. iii) Park Dedication fees shall be assessed at $1,000/unit, and will be deferred until issuance of building permits. This fee will reflect the current City's adopted Fee Schedule at time of building permit application. iv) The City shall require the submission of a landscaping bond at the time of building permit application in an amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. v) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. vi) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. vii)All necessary easements, including drainage and utility easements, ponding easement and access easements to ponding areas, shall be indicated and dedicated in the revised site plan and plat as required by City Code and according to the City Engineer. c) The following general conditions shall apply to the plat: i) No berming, landscaping, ponding, or signing will be allowed within the County right- of-way. ii) Any grading or utility work required within the County right-of-way will require a permit prior to the work commencing. iii) An access permit will be required for Alysheba Road. No other accesses to CSAH 16 from this property will be allowed. Any existing accesses to this property will need to be removed. iv) A temporary rock pad is required to prevent dirt from being tracked onto the county highway during the grading operation. Sweeping of the county highway shall be done as required by the County. v) Driveways shall only be located and sized as approved by the City Engineer. vi) The property owner, his/her heirs or assigns shall be responsible for the ongoing maintenance of driveways, parking lots area, landscaped areas, and structures contained within the plat. 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 EXHIBIT A Resolution No. 5143 Legal Description LEGAL DESCRIPTION: A" :ha" Oar_ or :he East =a:r OF Nor:'"ue5: Q,-•6".e Or Section 2, Ow'sn C 'S\, ;Ronde 22W, Scott County, h!;nre50to or the centerline of Court '060 '16 oesc Oeo CL metes and co'..rds a5 rc.'0...5. BeQirrinp o: the North-4,65t corner or the East tea: or the Northwest Q.arte- o' Sec:Ion 5: thence. South 6 0 the east line cr : 'e Eo-s: -a 1. CF Northwest Quarter emst to: he certe•'.ire of counts Road •16, thence No':havester 6ior0 the. centerline or 56;6 '030. 15;63 eet to a port or the West lire or the East +ai of Northwest O' Solo section, said oC'nt distort 552.8 reet Southor :he Northwest corner or the East hair or Northwest Quart-r: ti erce NO 578.3 reet a iOnO tyre west ..re C• East -a.r or Northwest C....6-Le' tO the.- No.":-rest hioNOr:hest CC-r— c: :'-e East o Or Northwest Q..arter- tnerce E6t". 60^o tr'e North line or the East -a. Or NC"'t%^- est ter_ X29.3 e.et to port or OeO'rn'r,o arc C.Gr:o r,;np :5.: 6c...-e5 TC-15 of less: EXCEPT that pant of the Northwest Quarter or Section 5, -OwrsniC -anOe 22 ciescride0 65 ro'lc.:.... 5eoinnir0 at the i'rte'sec:,or Or the East line or 5.:50 NCthwe5: Lr'e ^,mr er:e fire. or Courts R060 r6: thence North alona 5a'0Eastline a distance or iO43.33 Feet: tk-erce lie_. 6 distance of 221 fee.- thence South and para'ie! w to s5 Past line a distance or 922.72 Feet to the cerate' rcad "i6, thence sot a5teri. 6:0^O said Corton line aydistance 254.20 reet to point pr peeinr "G. cor:ainino 5 acres more or less. (_EGAD ✓ESCRIP—^V PROVIDED BY L. PARROTT AUGUST 19983 Also sub ec: to hiohway easement over the Southwest 50.00 Feet or the Foliowina described parcel of land: That part or the East HaiF of the Northwest Quarter of Section 2, 'ownship 115, Range 22, Scott Courts, Minnesota lyino north or the centerline of Courts State .-::id Highway 16, except :rat part of said Northwest Quarter of Section 5 described as follows: Seoinnino at he intersection or the east line Or said Northwest Qua-ter and the centerline of County Sate Aid Highway 16s thlence north along said east line a distance Of 1048.33 Fee:_ thence west, a distance of 221.00 Feet` thence so..tr• and parallel with said east line, a distance or e22.72 feet to said centerline± thence southeasterly along siao centerline, a distance of 25420 Feet to the point or oe r.,-,;ng. (EASEMENT _^.=SCRIPTION PER SCOTT CO:.'NTY R=CORD�_ -S DOC. NO. 355524.) • CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Shenandoah Apartments MEETING DATE: April 22, 1999 Site Information: Applicant: Heritage Development of MN,Inc. Property Owner: Lorraine M.Parrott as trustee for the Donald C. Parrott Trust Location: North side of CSAH 16;east of Sarazin Street and west of Canterbury Park Current Zoning: Multiple Family Residential(R-3)District Area: 22.16 acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Preliminary Plat,grading, drainage and utilities plans INTRODUCTION: Heritage Development of MN, Inc. is requesting approval of the preliminary plat of Shenandoah Apartments. The general location is depicted on the attached map(Exhibit A). DISCUSSION: The applicant proposes the construction of 14 buildings having a total of 290 dwelling units. Gross density of the proposed project is 13.09 dwelling units per acre,while the net density is about 14.8 dwelling units per acre. The R-3 zoning district permits net densities of 11 to 18 dwelling units per acre, so the proposed density is within the range allowed in the R-3 District. The Commission has seen a previous version of this plan in connection with the rezoning request. That version of the plan showed a total of 312 dwelling units,22 more than in the proposed preliminary plat. The City's zoning code requires 2 off-street parking spaces for each residential dwelling unit. The total off-street parking required by the code is thus 580 spaces(2 x 290 DUs). The applicant proposes 146 garage spaces and 434 spaces in the parking lots for a total of 580 spaces,thus just meeting the code requirements. The grading plan submitted with the preliminary plat shows a 4'-5'berm across the southerly portion of the property and along CSAH 16. This berm is located outside of the road right-of- way. The concept site/landscape plan is not sufficiently detailed. A revised site/landscape plan is expected to be available in advance of the meeting for analysis by staff. Park dedication fees for multiple-family dwelling units are assessed under the 1999 Fee Schedule at the rate of$1,000/unit for each unit. Payment of park dedication fees may be deferred to the time of building permit application. If the applicant wishes to exercise the deferral option, a request to do so should be submitted prior to City Council review of the preliminary plat. If deferred to the time of building permit application, then park dedication fees will be assessed according to the City Fee Schedule in place at the time of building permit application. There is a 30'x 49' parcel labeled"R.O.W. TO BE ACQUIRED." Since this parcel is outside the proposed plat, it should be deleted from the plat drawing prior to review by the City Council. The Building Official has commented that building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application, and that fire suppression equipment(sprinklers) may be required. The Fire Chief has indicated that sprinklers will be required, and that hydrant locations should be moved. Finance Department has indicated there is a"green acre" assessment against the subject property. The City Clerk has commented that signature blocks have not been provided for review. These will need to be provided with the final plat application for review. The Scott County Highway Department has made the following comments, which have been included in the draft conditions: • This plat shows Alysheba Road accessing CSAH 16 approximately 300' to the east of an existing utility access. This will be allowed with the understanding that this utility access will be removed as the property to the west develops. It appears as though this plat has adequately prepared for this, providing a City street up to the west property line of Shenandoah Apartments. • No berming, landscaping, ponding, or signing will be allowed within the County right-of-way. • Any grading or utility work required within the County right-of-way will require a permit prior to the work commencing. • An access permit will be required for Alysheba Road. No other accesses to CSAH 16 from this property will be allowed. Any existing accesses to this property will need to be removed. • A temporary rock pad is required to prevent dirt from being tracked onto the county highway during the grading operation. Sweeping of the county highway shall be done as required by the County. • Noise levels will increase as traffic volumes increase on CSAH 16. At any new development along CSAH 16, such as Shenandoah Apartments, the responsibility for noise attenuation lies with the City and the developer. Scott County Environmental Health has commented that ponding on the site should meet federal NURP standards. The City has adopted these standards, and the City's Engineering Department reviews drainage plans for compliance with the standards. Since approval of the construction plans by Engineering is required, no special condition is required or has been added to address this comment. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Shenandoah Apartments, subject to the following conditions; a) The following actions must be completed prior to review of the preliminary plat by the City Council: i) The applicant must confirm the total proposed building square footage so that staff can confirm that the City's landscaping requirements are met. ii) The applicant shall provide documentation(in accordance with City Code Sec. 12.07, Subd. 6 (Buffering Residential Subdivision Adjacent to Intermediate and Principal Arterial Roads), that the project as proposed will comply with applicable ambient noise standards. iii) If the applicant wishes to request deferral of park dedication fees until the time of building permit application, such request shall be made in writing. iv) Revision of the utility plan to show revised hydrant locations as required by the Fire Chief. v) The 30' x 49' area labeled"R.O.W. TO BE ACQUIRED" in the northeast corner should be deleted from the plat drawing since it is outside the proposed plat. b) The following actions must be completed as a part of the final plat application: i) Signature blocks shall be provided for review. c) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary Sewer and storm sewer systems, and construction of streets(both public and private) in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. fl The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. iii) Park Dedication fees shall be assessed at $1,000/unit, and will be deferred until issuance of building permits. This fee will reflect the current City's adopted Fee Schedule at time of building permit application. iv) The City shall require the submission of a landscaping bond at the time of building permit application in an amount equal to 115% of the value of the landscaping materials to ensure compliance and completion of plantings. v) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. vi) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. vii) All necessary easements, including drainage and utility easements, ponding easement and access easements to ponding areas, shall be indicated and dedicated in the revised site plan and plat as required by City Code and according to the City Engineer. a) The following general conditions shall apply to the plat: i) No berming, landscaping, ponding, or signing will be allowed within the County right- of-way. ii) Any grading or utility work required within the County right-of-way will require a permit prior to the work commencing. iii) An access permit will be required for Alysheba Road. No other accesses to CSAH 16 from this property will be allowed. Any existing accesses to this property will need to be removed. iv) A temporary rock pad is required to prevent dirt from being tracked onto the county highway during the grading operation. Sweeping of the county highway shall be done as required by the County. v) Driveways shall only be located and sized as approved by the City Engineer. vi) The property owner, his/her heirs or assigns shall be responsible for the ongoing maintenance of driveways, parking lots area, landscaped areas, and structures contained within the plat. 2. Recommend to the City Council the approval of the preliminary plat of Shenandoah Apartments with revised conditions. 3. Recommend to the City Council the denial of the preliminary plat of Shenandoah Apartments. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends alternative 1, recommendation of approval with conditions as presented. Action Requested: Offer and pass a motion recommending approval of the preliminary plat of Shenandoah Apartments with conditions. R. Michael Leek Community Development Director ;_\commdev\boaa-pc\1999\042099\PPShenandoahApt doc ' 4 WZ � H A . , o 0 440116,,H, .\ ) . % O C -, . C , N C N a N e, N v N C fA TZ :`;-7 w N N O V O a ' T Eno N 5 .� N c X� Q C y t 'in .,C-� N C •. .`. O N N O . �Lj I N °' °' c E .� 'N N �' c . o Q N N 11 Y O 2 m 7 m 2 N N -p c > d z o Tm CFi C C c:, > W C J a" m C N 7 d 3 v > O p C+ O J a� a> —_ Cr T Qmo , -, ^ NR �N O , t,1 a f. C \-;\.,) . WW ___-- / Aftp,\st, .migiri' ft 4.-711 __________ Pr,,,,,arlrit 77.-. :7. rii eit r. A 100 lik ' igi : m t ta . rz- '''' s : , El• -,› A At 40' c9- \ ii" lit -.7w ,k, 4. 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''. .';'•:. . . . . • , .. • . • . . . r--------4,..,-----e-'• , ' • ' .'' ... • m......_.___,..... .... ......._ .. .. S ......- 2.1.-........ . • . ,..., • 1 1 1 . I . I . -...a •3 T-3 0.fr s . .•I+ Tal b . . . 1 -I Pi 11111 Ili III ! " I 1 1 g I H!ET No. PRELIMINARY UTILITY PLAN onasimmabera PARA AAOU NT "11 C ERTIFICATION ' 3 SHENANDOAH APARTMENTS [ =MOWER I/001690Th HERITAGE DEVELOPMENT 450 E COUNTY ROAD D ST. PAUL. IIINUESOTA 56117 ENGINEERING Zic DESIGN MO ARCADE St • St PAU,MINNESOTA 55106 FAX 056 776-5591OWN Itt 0114 I MUM=arm KIK KM PLAN RN MOW=Kt KB OM 113101111 Kt MKT MAISKIIKI MID KW I AM•MX IKOKIIIIIK PROMIKIIIAL ammo sr ..•! t.1 i 2 (6s1)mos44 ..., ..,., .., . -- In.- -tall' • / / C . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Shakopee Valley Marketplace MEETING DATE: May 18, 1999 REVIEW PERIOD: March 17, 1999-July 14, 1999 INTRODUCTION: Oppidan Investment Company(Oppidan)has made application for preliminary plat approval for the proposed Shakopee Valley Marketplace located at the northeast corner of C.R. 17 and 17th Avenue. The plat proposes the creation of six lots. The plat as originally submitted was called Shakopee East Addition. Because it was too similar to other plat names,that name has been changed. The zoning for this property is Highway Business(B1). ALTERNATIVES: 1. Approve Resolution No. 5145 approving the preliminary plat of Shakopee Valley Marketplace subject to conditions as recommended by staff and the Planning Commission. 2. Approve the preliminary plat subject to revised conditions. 3. Do not approve the proposed preliminary plat. 4. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the proposed preliminary plat at its May 6th meeting, and recommended approval with conditions as proposed by staff by a vote of 5-0. ACTION REQUESTED: Offer and pass a motion approving Resolution No. 5145 approving the preliminary plat of Shakopee East. R Michael Leek Community Development Director is\commdev\cc\1999\0518\pptarget.doc RESOLUTION NO. 5145 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF SHAKOPEE VALLEY MARKETPLACE WHEREAS,Oppidan Investment Company is the applicant,Eugene Hauer and Sharon Bernhagen are the owners of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: Parcel A Parcel Al The Southeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22, Except the South 8 feet thereof and Except that part taken by State of Minnesota in Final Certificate Document No. 333006, Scott County, Minnesota. Parcel A2 The South 8 feet of the Southeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22, Except Parcel 62 on Minnesota Department of Transportation Right of Way Plat Numbered 70-5, Scott County, Minnesota. Parcel B Parcel B1 The North '/2 of the Northeast'/. of the Northeast'/ of Section 18, Township 115, Range 22, Except the North 8 feet thereof and Except Parcel 59A on Minnesota Department of Transportation Right of Way Plat Numbered 70-5, Scott County, Minnesota. Parcel B2 The North 8 feet of the Northeast'/ of the Northeast'/. of Section 18, Township 115, Range 22, Except Parcel 62 on Minnesota Department of Transportation Right of Way Plat Numbered 70-5, Scott County, Minnesota. WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary Plat of Shakopee Valley Marketplace on May 6, 1999, and has recommended its approval with conditions; 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 1'HE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat of Shakopee Valley Marketplace is hereby approved subject to the following conditions: 1. The Final Plat submittal shall include the following information: a) The plat and associated drawings shall be revised to include the recommendations that have been presented by the City's traffic consultant; b) 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 CSAH 17 and 17th Avenue; and c) An agreement shall be reached regarding participation of the costs for the improvements required for CSAH 17 and 17th Avenue. d) The final plat shall include a revised lot line between Lots 1 and 2, Block 1 to ensure that a 30 foot setback can be accommodated on the east boundary of Lot 1 and a 20 foot setback can be accommodated on the west boundary of Lot 2. 2. 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 with provisions for Plan A and Plan B improvements. c) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. e) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. f) 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. g) The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. h) The developer shall be responsible for the construction and any associated costs of a bituminous trail along the north side of 17th Avenue along the southern boundary of the plat. i) Easements shall be added to the plat, for all public improvements, and as required by City Code and a 10 foot trail easement on south boundary of the plat. j) Signed petition for Plan B improvements. k) Park Dedication fees shall apply to this plat in the amount of$3880. per acre. These fees may be deferred to the issuance of building permit for each lot. If the fees are deferred to the issuance of the building permit, fees shall be charged according to the fee schedule in place at the time of building permit issuance. 1) The shared access/driveways between all lots shall be approved subject to a property owners association or a maintenance agreement for the access/driveway being executed designating the party responsible for maintaining the access/driveway, and granting that party the right to assess all properties benefiting from the access/driveway for the cost of maintenance. The agreement also shall grant the City the right to enter and maintain the access/driveway when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. m) Cross easements shall be required to ensure access is provided to Lot 1, Block 1 due to the fact that it is not provided access from the public roadways that it fronts. n) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. o) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. p) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 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 , (0., CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Shakopee East Retail MEETING DATE: May 6, 1999 REVIEW PERIOD: March 17, 1999-July 14, 1999 Site Information: Applicant: Oppidan Investment Company Property Owner: Eugene Hauer, Sharron Bernhagen,Eileen Kerkow Location: Southeast corner of County Road 17 and Highway 169, north of 17th Avenue Current Zoning: Highway Business(B 1)Zone Adjacent Zoning: North: Highway 169 South: Office Business(B2)Zone/PUD Overlay#6 (St. Francis Hospital) East: High Density Residential(R3) West: County Road 17 1995 Comp. Plan: Commercial Area: 31.18 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Preliminary Plat and Site Plan Introduction: Oppidan has made application for preliminary plat approval for the proposed Shakopee East Retail Center. This plat proposes the creation of six lots. Please see Exhibit B. The zoning for this property is currently Highway Business (B1), and the general location is depicted on the attached map (Exhibit A). Considerations: The site is currently under review for a Conditional Use Permit(CUP) application to allow a retail center, gas station, and drive thru facility. The City Council has directed that a traffic study for this general area be completed by the City's traffic consultant in cooperation with affected property owners and developers. A copy of this traffic study has been included in this agenda packet for the Commission's reference. Staff has incorporated recommendations from the traffic report into the proposed conditions of approval. 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 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 approximately $120,978.40 shall be paid at the time of recording of the final plat. The Finance Department has commented that the properties currently carry Green Acre and levied assessment balances. For further information on this please contact Marilyn Remer at City Hall. Alternatives: 1. Recommend approval of the preliminary plat to the City Council, subject to conditions as recommended by staff. 2. Recommend approval of the preliminary plat to the City Council, subject to revised conditions. 3. Recommend denial of the preliminary plat to the City Council. 4. Table a decision in order to allow time for the applicant and/or staff to provide additional information. Staff Recommendation: Staff recommends Alternative No. 1, recommending approval of the Preliminary Plat of Shakopee East Retail, subject to the following conditions: 1. The Final Plat submittal shall include the following information: a) The plat and associated drawings shall be revised to include the recommendations that have been presented by the City's traffic consultant; b) 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 CSAH 17 and 17th Avenue; and c) An agreement shall be reached regarding participation of the costs for the improvements required for CSAH 17 and 17th Avenue. d) The final plat shall include a revised lot line between Lots 1 and 2, Block 1 to ensure that a 30 foot setback can be accommodated on the east boundary of Lot 1 and a 20 foot setback can be accommodated on the west boundary of Lot 2. 2. 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 with provisions for Plan A and Plan B improvements. c) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. e) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. I) 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. g) The developer shall be responsible for payment of Trunk Storm Water Charges, Trunk Storm Water Ponding Charges, Trunk Sanitary Sewer Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. h) The developer shall be responsible for the construction and any associated costs of a bituminous trail along the north side of 17th Avenue along the southern boundary of the plat. i) Easements shall be added to the plat, for all public improvements, and as required by City Code and a 10 foot trail easement on south boundary of the plat. j) Signed petition for Plan B improvements. k) Park Dedication fees shall apply to this plat in the amount of$3880. per acre. These fees may be deferred to the issuance of building permit for each lot. If the fees are deferred to the issuance of the building permit, fees shall be charged according to the fee schedule in place at the time of building permit issuance. 1) The shared access/driveways between all lots shall be approved subject to a property owners association or a maintenance agreement for the access/driveway being executed designating the party responsible for maintaining the access/driveway, and granting that party the right to assess all properties benefiting from the access/driveway for the cost of maintenance. The agreement also shall grant the City the right to enter and maintain the access/driveway when it deems necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners. m) Cross easements shall be required to ensure access is provided to Lot 1, Block 1 due to the fact that it is not provided access from the public roadways that it fronts. n) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. o) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. p) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. Action Rea nested: Offer a motion to recommend approval of the preliminary plat, subject to the conditions as recommended by staff, and move its approval. 1,(-4‘ J lie Klima tanner II is\commdev\boaa-pc\1999\0506\pptarget.doc r.rY"7yti` '-. ..._. w,.':" til-:. :. _ -.r fitarBrrok ''' qr" \ /_44- i' a � ■//� ■u / U///uI :■I � tr ....4,42ir inr11/ '. 1.Viiiiiii : 411 418111119 r in:: __--i . as sioNovo,Vilt...;7.11.,:,7, : 417* .1r1 j. 1.1 t'din "Zil Aih.q:::IP 1:: =fAsatMl II° '.IlliC*11' 41,111 111 110Ifc, �'����,,��`♦`41 �AT ?: S ., uunrrnrnmr;nu,.nuuuimiuu i� + �� .z.....:-'""19":......` : , i�„ t it - ..i...,. a , .__ .., iggra Ji --- ...--A-. Pi1VuI�//uuu■�� S' 169 a R3 BI : aQ s ;, .� Sao .1 ®° =( Imon •f _ —LI" 111 11111/11 V . - - -i - ..a ur1:.- a._ tf:,,nritt:w.., 111 RIM♦=1 imiffpo`:gol�d Os 111111 03 IMO AG ..,I I a Eli R1B Illrrv'rcw AGmili wit_ �art III VW, torA . ...,••• 11111111141m II Vii• RIF 111W . 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I 'l B / , . ..../.. 1..,.., •Iter1 / 1I • 1 ! > :• ], p/ E"c� /,� I_ 4, , , ,, 't.12J I I1 t. =ice 14, • • t.,. i -. a fir,_ Iloo.a.. .1' _j-. 1 — t "' >� "moi!!!, hn T r lw���f,Zl'IY11 `'. . .. I y• _ ;7 ---------------------‘1-----A-- __._.—._.._._.�._ .._ �llr�ts 1,,,...:-.. y:,� ___ —6— • _ ._.,t_/�• AA LN "'•f�'Y:.`:^� I t M v 8a� MIN ... .._mo ./ut w.t/I..M... \ ...—i�'�i oK moa _..i �; ,"w 1��1 1 i moa an% /y. D, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of Vierling Plaza MEETING DATE: May 18, 1999 REVIEW PERIOD: February 19-June 19, 1999 INTRODUCTION: Continental 89 Fund,LLC has made application for final plat approval for the proposed Vierling Plaza. The plat proposes the creation of two lots,which are 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 Highway Business (B1).and the general location is depicted on the attached map(Exhibit A). CONSIDERATIONS: The Council approval of the preliminary plat of Vierling Plaza contained the following conditions: a) Prior to City Council review of the final plat the following actions must be completed: ) The plat and associated drawings shall be revised to include the recommendations that have been presented by the City's traffic consultant; ) 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 ) An agreement shall be reached regarding participation of the costs for the improvements required for Vierling Drive. The recent rains have delayed completion of the survey work by the City's engineering consultant, WSB. This delay has, in turn, delayed revision of the plat drawings to reflect the recommendations of the City's traffic consultant. Because the applicants are concerned about additional delays in completing the platting of the subject property, they have urged that the Council be allowed to consider the final plat at this time. In the event that Council chooses to act on the final plat request, staff has drafted the attached Resolution No. 5142 with conditions that require that the changes to the plat drawings related to the roadway design be made before the plat is released for recording. ALTERNATIVES: 1) Do not act on the requested final plat because conditions a.i-iii have not be completed. 1) Approve Resolution No. 5142 approving the final plat of Vierling Plaza with conditions as presented. 1) Approve Resolution No. 5142 approving the final plat of Vierling Plaza with revised conditions. 1) Do not approve the final plat of Vierling Plaza. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the final plat of Vierling Plaza with conditions, including the conditions recited above requiring modification of the final plat prior to City Council review. ACTION REQUESTED: Offer a motion consistent with the Council's wishes. / a i ,1, , R. Michael Leek Community Development Director i:\commdev\cc\1999\0518\fpvgplz.doc RESOLUTION NO. 5142 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF VIERLING PLAZA WHEREAS,Continental Fund 89 L.L.C., as Applicant and James D. Render, Owner of the property described below have made application for approval of the final plat of Vierling Plaza; 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 TRANSPORTAHON RIGHT OF WAY PLAT NO. 70-5. and WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat of Vierling Plaza on May 6, 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 1'HE CITY COUNCIL OF 1'HE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Vierling Plaza is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) The plat and associated drawings shall be revised to include the recommendations that have been presented by the City's traffic consultant; ii) 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 = iii) An agreement shall be reached regarding participation of the costs for the - — improvements required for Vierling Drive. iv) Approval of title by the City Attorney. v) Execution of a Developers Agreement with provisions for Plan A and Plan B improvements: (1) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (2) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (3) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. (4) 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. (5) 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. (6) 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. (7) 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. (8) Signed petition for Plan B improvements. vi) Park Dedication fees shall apply to this plat in the amount of$3880 per acre. These fees shall be collected at the time of building permit issuance. vii)The City supports a right-in access from County Road 17 (Marschall Road). viii) 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. ix) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. x) Grading/Erosion Control/Storm Sewer plans and specifications must conform to City requirements and are subject to approval by City Engineer. xi) The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. xii)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 CERTIFICATION OF RESOLUTION NO. 5142 I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5142, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the May 18, 1999, as shown by the minutes of the meeting in my possession. Dated this day of , 1999 SEAL i CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Vierling Plaza MEETING DATE: May 6, 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: Final Plat 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 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. 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. Minnegasco 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. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Final Plat of Vierling Plaza, subject to the following conditions; a) Prior to City Council review of the final plat 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$3880. per acre. These fees shall be collected at the time of building permit issuance. iv) The City supports a right-in access 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 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. 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 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 Final Plat of Vierling Plaza, subject to the above conditions. Action Rea nested: Offer a motion recommending to the City Council the approval of Final Plat of Vierling Plaza, subject to the above conditions. 41.1 4J lie Klima Planner II is\commdev\boaa-pc\1999\0506\fpvgplz.doc çiq!uu1i :LI un A�s 01111:11 I1�■■. o ��a SII o©a @911.�pq aee �oIPjO �� �11�10ac ! n ��..a�. 911111�i�I o�02,4 �4 1741 p:i Ions alma, 4 .. E111r1 a 4744: d11�l113 1 ionimEi� li 1111111- RIreiO '.% • ii. iv ...:1:1..........,..2... ... ....... t0 .919::::,. 3_,...,9s.9400S ______ ____ _ 3!,i',,--1 ;.iiiiii .•.....,, , ,, --.. , I 5 —1 I 1 i I § mo -,.. t., , I I rt i Co < ... 2 ..;ps, 11 ?, ___. .. .3,,, cit'cl‘l .C3t3S9 9si0:6:4c: AO '4:7,3Nn:S.uvnti3 n v zmwso... 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" :. :::::•••....::L.!, '' ,., , '.•'''.,:'...';.:.,''..,:..'•••.;',.',::' .2'. .',: '.:.•.: .• '.. ,. •;;;;.‘,.....',:, ',, ,•:,,. , .•*.'•••••••;.''''.•,'...•. '-'.:•',1'...,;, ,s'•.:': •:.": . ' . 4.;‘',,,•,,;,.:. , A., , ..„ • • , , '.',...';•,:•,....':,,;.1-,:,.•,',';.'.',',.',"; ..',!',.,';:: `. ''. :: ';':',•:.::',x• ' ••'. ' .. ' : ) ' ,:,•;'•'T.',::';'..M.•:',.::';';;:::.;':,‘...!: .,!.. :.: :'.:'; '..:,::'. , '..•i'..f.:,•.'...',•: ;.; 1'. -, .,.,...;•,i,.,„.';':',;',:..:,,.,:•,,i.it:;;;:`,:,•,,„.,: ' •;„,A;,i..,'• ', .'. ; ',„,,',',.,"....• + , • • ,',. ,..',':.''''•:.:',:::::;;:.:',' !. ;"/...::. ;'.•:.' '''':'. ',::::l''.. '.. :::::',:....:'...; . ..:. ,, 1.: .:,. • '•::.:'' .': -.',:'...:e.:'..'.•. .".'•::.•;', ' .... ' . '''''':%'. :' ::•. .';',:',,:.": •.' ''''' '•' CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Letter from Tim and Susan Reed dated May 17, 1999 regarding Final Plat of Vierling Plaza DATE: May 18, 1999 INTRODUCTION/DISCUSSION: On Monday, May 17, 1999 the City received a letter from Tim and Susan Reed, a copy of which is attached for the Council's information. The letter contains a number of factual errors that are addressed below. Staff will be happy to answer any questions regarding this memo, the letter, or the plat that the Council may have. Assertion that the final plat approval for Vierling Plaza was changed from a public hearing to a consent item... The City Code requires a public hearing on preliminary plats, but does not require a public hearing before either the Planning Commission or City Council for the review of final plats. (See Generally City Code Sec. 12.03, Subd 4 Final Plat) The City's practice regarding final plat review by the Planning Commission and City Council has been to place final plats on the consent agendas when they are consistent with the approved preliminary plat. The printed agenda for the Planning Commission meeting of May 6th incorrectly listed the final plat of Vierling Plaza as a public hearing continued from April 8th. The public hearing on the preliminary plat of Vierling Plaza was held on 3/18/1999 and 4/08/1999. The public hearing was closed on April 8t . In sum, the action of the Commission on May 6th regarding the final plat of Vierling Plaza was to correct a technical error in the language of the agenda, and not to change the review requirements for this final plat. The Commission could, of course, have chosen not to consider the item on the consent agenda, but apparently concluded it was appropriate to consider it on the consent agenda. Assertion that the Planning Commission had previously denied the final plat of Vierling Plaza... The Planning Commission originally agreed to review the preliminary and final plats of Vierling Plaza together. The Commission, however, always reserves the right to separate the approvals if they deem it appropriate. That is what was done in this case. At the April 8th meeting the Commission recommended approval of the preliminary plat. It took no action on the final plat, stating that the Commission wanted to see the final plat again in the context of the traffic study for this area. In other words, the Commission did not deny the final plat. The traffic study was presented to the City Council on May 4th, and so the final plat of Vierling Plaza was brought back for Commission consideration on May 6th. Residents should be able to view rebroadcasts to understand how the following have been addressed: 1) traffic pattern, 2) screening, 3) road reconstruction, and 4)gas line issues. The traffic, screening, and road issues have been thoroughly discussed as a part of the conditional use permit public hearings (March 18th and April 8th) and preliminary plat public hearings (March 18th and April 8th). These meetings have, of course, been rebroadcast. In addition, the May 4th Council meeting at which the overall traffic study was reviewed has been rebroadcast. /20 R. Michael Leek Community Development Director D , Tim & Susan Reed 1812 Granite Dr. Shakopee, MN 55379 May 17, 1999 Shakopee City Hall 129 S. Holmes St. Shakopee, MN 55379 To whomever will set the agenda for the City Council meeting on Tuesday, May 18, 1999: At the last Planning Commission meeting the approval of the final plat for Vierling Plaza was changed from a public hearing to a consent item. We object to that action because it did not require KMart to publicly present their final plat. We believe KMart should have, at minimum, addressed the changes that caused the final plat approval to be previously denied. We request that KMart publicly address these concerns, and present the final plat at the City Council meeting on Tuesday, May 18, 1999. We feel that even though residents may not be able to attend the meeting, they should be able to view the rebroadcast in order to understand how KMart addressed the traffic pattern, screening, road reconstruction, safety, and gas line issues that previously caused the Planning Commission to deny their final plat. We also believe residents should be informed how their tax dollars are being spent (i.e.. the gas line relocation). Sincerely, Tim and Susan Reed 'RECEIVED MAY 1 7 1999 CITY OF SHAKOPEE Jst9. 1 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews SUBJECT: Delores Lebens appeal of BOAA's decision regarding CUP approval conditions for an over sized accessory garage. MEETING DATE: May 18, 1999 ATTACHMENTS: Attachment A: 5/6/99 Staff report to the BOAA INTRODUCTION: At its May 6th meeting,the Board of Adjustment and Appeals approved a conditional use permit to allow an over sized accessory garage to be built on Mrs. Lebens' property. The garage is proposed to be over sized in terms of height. Mrs.Lebens' plans show a 15 foot setback from the Shumway right of way line. However, a condition was added with the approval that the garage meet the 20 foot setback minimum by zoning code. It is this condition that Mrs.Lebens is appealing. A copy of the staff report to the Board of Adjustments and Appeals is attached for reference (Attachment A) ACTION REQUESTED: Make a motion to either deny the Appeal request or approve the Appeal request to allow the 15 foot setback as shown on the plans provided and direct staff to draft a resolution consistent with that determination. Jared D. Andrews Planner I ATTACHMENT A x �6 CITY OF SHAKOPEE Memorandum TO: Board of Adjustments and Appeals FROM: Jared D. Andrews, Planner I SUBJECT: Conditional use permit request for an over-sized accessory structure in the R-1C Zone. MEETING DATE: May 6, 1999 CURRENT REVIEW PERIOD: April 8, 1999 -June 7, 1999 Site Information: Applicant: Delores Lebens Location: 538 4th Avenue West Current Zoning: Old Shakopee Residential Zone(R-1C) Adjacent Zoning: North: Old Shakopee Residential Zone(R-1C) South: Old Shakopee Residential Zone(R-1C) East: Old Shakopee Residential Zone(R-1C) West: Old Shakopee Residential Zone(R-1C)(Holmes Park) Comp. Plan: Single Family Residential Attachments: Exhibit A: Zoning Map Exhibit B: Site Plans Introduction: In May of 1998 Mrs. Lebens' existing accessory garage was destroyed in a wind storm. The pre-existing structure was non-conforming in height and location. It was actually located in the City alley right-of-way, and was two stories, exceeding the 15 foot height limitation. Staff has worked with Mrs. Lebens in designing a structure which would conform to the zoning ordinance. Since Mrs. Lebens desired to have a second level storage area, it was determined that a conditional use permit for an over-sized accessory structure was necessary before a building permit could be obtained. Considerations: Staff has determined the height of the proposed structure to be 20 feet as defined by the zoning ordinance (height= distance between ground and half way up the truss on a pitched roof). Since the zoning ordinance limits this height to 15 feet, this proposal is oversized vertically by 5 feet. LEBENSGR.CUP/JA 1 The proposal also shows the setback from Shumway right-of-way at 15 feet. Staff recommends that the setback be changed to 20 feet as required by code. Staff has discussed this issue with Mrs. Lebens, but Mrs. Lebens wanted to propose the 15 foot setback citing the non-conformities of the pre-existing structure. Proposed Findings: Staff proposes that the application for a conditional use permit meets the criteria for approval as follows: 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 not received any evidence that this use would be injurious to the use and enjoyment of other property in the vicinity. 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 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. 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 other necessary facilities exist for 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 This use is consistent with the purposes of the R-1C Zone, with the attached conditions. Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 This use is not in conflict with the Comprehensive Plan. The Comprehensive Plan designates this site for Single Family Residential. LEBENSGR.CUP/JA 2 Alternatives: 1. The Board may approve the request with conditions as presented by staff. 2. The Board may approve the request with revised conditions. 3. The Board may deny the request with revised findings. 4. The Board may continue the request for additional information. 5. The Board may table the request for additional information. Staff Recommendation: Staff recommends Alternative 1, approval of the request with conditions as follows: 1. The plans received April 8, 1999 are hereby approved except that the setback from the Shumway Street right-of-way/property line be changed to 20 feet. 2. The structure shall not be used for any commercial or leased storage use. Action Requested: Offer a motion to approve Resolution No. PC99-64 as presented. C 6�� ed D. Andrews Planner I LEBENSGR.CUP/JA 3 RESOLUTION NO.PC99-64 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, TO ALLOW AN OVER-SIZED ACCESSORY STRUCTURE IN THE OLD SHAKOPEE RESIDENTIAL(R-1C) ZONE WHEREAS,Delores Lebens, owner, has filed an application dated April 8, 1999, for a Conditional Use Permit under the provisions of Chapter 11, Zoning, of the Shakopee City Code, Section 11.30, Subd. 3, for an over-sized accessory structure; and WHEREAS,this parcel is presently zoned Old Shakopee Residential(R-1C); and WHEREAS,the property upon which the request is being made is legally described as follows: Lot 10, Block 60, CITY OF SHAKOPEE, according to the plat thereof on file and of record in the Office of the County Recorder, SCOTT County,Minnesota. WHEREAS,notice was provided and on May 6, 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 l'HE 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 City has not received any evidence that this use would be injurious to the use and enjoyment of other property in the vicinity. Finding#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#3 Adequate utilities, access roads, drainage, and other necessary facilities exist for the site. 4 LEBENSGR.CUP/JA RESOLUTION NO.PC 99-61 Page 2 of 2 Finding#4 This use is consistent with the purposes of the R-1C Zone, with the attached conditions. Finding#5 This use is not in conflict with the Comprehensive Plan. The Comprehensive Plan designates this site for Single Family Residential. BE IT FURTHER RESOLVED: That the application for Conditional Use Permit No. PC99-64 is hereby GRANTED, subject to the following condition: 1. The plans received April 8, 1999 are hereby approved except that the setback from the Shumway Street right-of-way/property line be changed to 20 feet. 2. The structure shall not be used for any commercial or leased storage use. If this Conditional Use Permit is not utilized within one year from this date, or if it is discontinued for a period of six months, it shall become void. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 6th day of May, 1999. Chair of the Board of Adjustment and Appeals ATTEST: Community Development Director LEBENSGR.CUP/JA 5 5 46\ \_13_13-3-i iED ncuiD , or a _ -777, toExhibit A {_".Ott OA 5 Wi t11111 OD] CO0"3101, am gm a\ tali Will?" lila 01 01 0. 00 OS 0 int VIA iiiii#01 10 ISO POI 10\ SIE!3, Olt 1St ISO Ott V,,, 11111 1111111001111 siiiii Wit ine i IIIII 0011011111011 tuss,111 larl 1111110 11111 Ea ''`^ Int 1,1111e111 ten On ittlivittit IIIII ititticr0 OA ow 00.411 gM WI ititi tilt **VD la 'Oa Ile at VD OD al !III *II IIIII ala MaD VIE --"'" siiiiftl 01116151110:0111 TO, VD - 1111111tUalatt:IIIII \AA3i. 011. a State CoRect,onal =r Ities, —jøitt Facility ros--- ail— rib sita 691 Vall For Women it NM R3 IMI so MI III Mm MI — Li R1 Proposed Lebens CUP I, I I II , I I, , Pliii � o Zoning`�= Rights-of S, tiAKOPEe �� E Parcels 04/1 3/99 I At N.., "1 hi X N .... . Li) *N9L---- . 6 (i) 0 N. N (. 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' / ' | | / i � '. | ! »V |, �'i1-----:::-- i ' / . . \ -� | . / / 3 . __ ' � � . ) ` t `(//- -' i j j , r11 | --7 | >)> * - / ' / j | � -- ' ' ' !| ,\ | /_ \ ^ / | / 11 ' i Ul 1 !.11' `' ' . • � i | � II d' | � -``^ . • | I// / ^ ---- ��-- ---' --- . il . ^-^----- ) | ' / ' | , / / . - /y ` , � '. � . . ` | 6- ' __- |� _-+-_ . I | ` ) / | | | | | | . ` ' �� / / | ' / ��� ----|' . �- | •. ' � ` ' •" / , ' 1 � �� � '{ / -4` ` � - | - / ' | ivl �_- _ � ' /' �` • i ^ ` |_ ` | ' | � | ' ^. . --- --'--------` -u — —�-'--F.:. " � ~-- ^ -�| r�� --'' Y � || / ^ - . . /S9.2. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Appeal of Denial of Conditional Use Permit(CUP)to allow a Retail Center, Drive-Through Facility, and Gas Station MEETING DATE: May 18, 1999 REVIEW PERIOD: March 17-July 14, 1999 INTRODUCTION & DISCUSSION: On May 6, 1999 the Board of Adjustments and Appeals (BOAA) reviewed and denied (by a vote of 3-2) Oppidan Investment Company's (Oppidan) application for a CUP to allow a retail center, drive-through facility, and gas station. Oppidan has appealed the BOAA's denial. Attached for the Council's information is a copy of Oppidan's appeal and the May 6th Planning Commission report. In denying the CUP the BOAA did not make specific findings. Those voting to deny the CUP cited the following factors in discussion of the CUP request: • A desire to have the proposed Target store located closer to C.R. 17, • A desire to have the gas station located on a different site within the proposed project, • A desire to know the identity of all potential occupying businesses in the retail center, • Dissatisfaction with the staggered alignment of the driveway accesses on Sarazin. ALTERNATIVES: 1. Approve the appeal of Oppidan Investment Company, and direct staff to prepare a resolution consistent with that determination. 2. Deny the appeal of Oppidan Investment Company, and direct staff to prepare a resolution consistent with that determination. 3. Table the matter for additional information. ACTION REQUESTED: Offer and pass a motion consistent with the Council's decision. , / R. Michael Leek Community Development Director Illlli OPPIDAN Budder of towns.Creator of value. 5125 COUNTY ROAD 101 • #100 • MINNETONKA, MN 55345 • PHONE: 612/294-0353 • FAX: 612/294-0151 • WEB: www.oppidan.com May 7, 1999 Ms. Julie Klima City of Shakopee - 129 Holmes Street South Shakopee,MN 55379 RE: Appeal of Board of Adjustments Decision Shakopee Valley Marketplace CUP Marshcall Road& 17th Avenue Shakopee,MN Dear Julie: This letter shall serve as formal notice that Oppidan desires to appeal the decision of the Board of Adjustments and Appeals denying a CUP for a retail center, gas/convenience and a drive thru facility,at its meeting on May 6, 1999.The Board rejected our CUP based upon the following concerns: ➢ The uncertainty of what would ultimately happen on the west side of the Oppidan site. > The location of the gas/convenience on the very southwest corner of the Oppidan site. > The position of Target and the position of Target's entry in relation to the adjoining residential property. > Traffic from the development. I would like to address these issues separately for this appeal: Oppidan has no current plans for the west side of the site. Oppidan's site plan represents what is committed today. If any changes are proposed,we will need to submit this information and city staff as well as the Board of Adjustments and Appeals will have an opportunity for review and approval. The location of the gas/convenience store has been selected by the user as most appropriate for them to have their business succeed. Further,there was no evidence from the traffic study to indicate that this location created an unsafe condition on the property. The location of the Target store and the main entry to the store were the product of numerous discussions and plan revisions with the city,county and the tenant. As mentioned above,this positioning of the store and entry provides the user the most appropriate position for their business to succeed. Further,there was no evidence from the traffic study to indicate that this location created an unsafe condition on the property. 1 , • The traffic study prepared by WSB analyzed this entire area as fully developed. On the Oppidan site,that meant the future development of the west side of the site and assumed the most _ detrimental uses contemplated on the outlots(gas/convenience, fast food,drug store and high turnover restaurant). With similar assumption of development in the adjacent areas,the traffic study concluded that,with the contemplated upgrades,the intersections all operated at acceptable levels. There was no opposition at the meeting from any adjoining land owner to the proposed development nor did we receive any correspondence regarding opposition of this site. • Additionally,city staff recommended approval of Oppidan's CUP with the 27 conditions set forth on staffs memorandum to the Board dated May 6, 1999. Oppidan is agreeable to these conditions with the clarification that Condition 25, regarding the sidewalk connection,be limited to a single connection on the north side of the site for pedestrian safety. Based upon these factors,Oppidan would request that staff and the city council support and approve Oppidan's CUP application and overturn the May 6, 1999 decision by the Board of Adjustments and Appeals. If you have any questions or need further information,please contact me at(612)294-1243. Sincerel Paul J.Tucci CC: Joe Ryan Peter Coyle,Larkin Hoffman Law Firm CITY OF SHAKOPEE Memorandum TO: Board of Adjustment and Appeals FROM: Julie Klima, Planner II SUBJECT: Conditional Use Permit to allow Retail Center, Drive- Thru Facility and Gas Station MEETING DATE: May 6, 1999 REVIEW PERIOD: March 17-July 14, 1999 Site Information Applicant: Oppidan Investment Company Property Owner: Eugene Hauer; Sharron Bernhagen;Eileen Kerkow Location: Southeast corner of Highway 169 and County Road 17; north of 17th Avenue Current Zoning: Highway Business(B1) Adjacent Zoning: North: Highway 169 South: Office Business(B2)Zone/PUD Overlay#6(St. Francis Hospital) West: County Road 17 East: High Density Residential(R3) 1995 Comp Plan: Commercial MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Site Plans Introduction: Oppidan Investment Company has submitted an application for a conditional use permit to allow a retail center, drive-thru facility, and gas station. The subject site is located at the southeast corner of County Road 17 and Highway 169, north of 17th Avenue. Please see the attached exhibits for site location and proposed site design. The design currently provides for a 126,000 square foot retail user and a 40,000 square foot retail user. Four building pads are proposed north of 17th Avenue. At this time, one is proposed for a gas station and one as a restaurant. While this CUP application does include review of the gas station and drive through facility, it is anticipated that if significant differences in layout appear at the time of site development that the CUP will be amended or (an)other applicable review process will be pursued to allow for specific review/detail for these sites. It is further expected that any changes to the site plan that do not generally comply with this application (should it be approved) would require further review in the form of a CUP amendment or (an)other applicable review process. Considerations: City Code Sect. 11.87, Subd. 2.GG., 00., and S., provide the following standards for the requested uses: Retail centers: 1. shall have driveways a minimum of 200 feet apart, and a minimum of 200 feet from any street intersection, unless the City Engineer approves a different location in order to improve traffic safety; 2. shall be limited to two driveways; and 3. if a lot within a retail center dedicates all its street access rights to the City, and gains its access from a recorded easement through an adjacent lot, then the minimum lot size may be reduced to 20,000 square feet. Uses having a drive-up or drive-through window: 1. shall be screened to a height of 6 feet from any adjacent residential zone; 2. shall not have a public address system which is audible from any residential property; and 3. shall provide stacking for at least six vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback. Gas Stations: 1. shall be screened from any adjacent residential zone; 2. shall not store any vehicles which are unlicensed and inoperable on the premises, except in appropriately designed and screened storage areas; 3. shall conduct all repair, assembly, disassembly, and maintenance of vehicles within a building, except minor maintenance such as tire inflation, adding oil and wiper replacement; 4. shall not have a public address system which is audible from any residential property; 5. shall provide stacking for gas pumps for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback; 6. shall not sell, store, or display any used vehicles; and 7. may have a canopy which projects up to ten feet into the required front or rear yard setback. The setback shall be maintained clear of all obstruction up to a height of thirteen feet. The canopy shall have a maximum vertical thickness of three feet. The canopy shall have a maximum height of 18 feet. The City Council has directed that a traffic study for this area be completed. The results of this study will be reviewed by the City Council at its May 4, 1999 meeting. As a part of that study, the City's traffic engineering consultant has analyzed the number of access points proposed to the site. It has been determined that the access points, as proposed, will provide for the necessary traffic circulation needs. Additional traffic concerns, such as dedication of right-of-way, turning lanes, etc. are issues that should be addressed at the time that the Preliminary Plat for this project is reviewed. Staff proposes the following conditions be imposed as part of the Conditional Use Permit: 1. The retail center shall have driveways a minimum of 200 feet apart, and a minimum of 200 feet from any street intersection, unless the City Engineer approves a different location in order to improve traffic safety. 2. The retail center shall have driveways as depicted on the site plan received by the City on April 29, 1999. 3. If a lot within a retail center dedicates all its street access rights to the City, and gains its access from a recorded easement through an adjacent lot, then the minimum lot size may be reduced to 20,000 square feet. 4. Drive up or drive through window(s) shall be screened to a height of 6 feet from any adjacent residential zone. 5. Any uses which have a drive up or drive through window shall not have a public address system which is audible from any residential property. 6. Drive up or drive through window facilities shall provide stacking for at least six vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback. 7. Gas stations uses shall be screened from any adjacent residential zone. 8. Gas station uses shall not store any vehicles which are unlicensed and inoperable on the premises, except in appropriately designed and screened storage areas. 9. Gas station uses shall conduct all repair, assembly, disassembly, and maintenance of vehicles within a building, except minor maintenance such as tire inflation, adding oil and wiper replacement. 10. Gas station uses shall not have a public address system which is audible form any residential property. 11. Gas station uses shall provide stacking for gas pumps for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback. 12. Gas station uses shall not sell, store, or display any used vehicles. 13. Gas station uses may have a canopy which projects up to ten feet into the required front or rear yard setback. The setback shall be maintained clear of all obstruction up to a height of thirteen feet. The canopy shall have a maximum vertical thickness of three feet. The canopy shall have a maximum height of 18 feet. 14. Landscaping on site shall comply with the requirements of the City Code. 15. 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 which complies with the requirements of the City Code must be submitted at the time of Building Permit application. Lighting located within the public right-of-way shall be the responsibility of the City. 16. The applicant shall provide a combination of berming and planting along Sarazin Street to prevent headlight wash in the direction of Sarazin Street. 17. Mechanical components on the top of the structure shall be screened. Screening can be accomplished through painting, paneling or other material as deemed acceptable by the Zoning Administrator. 18. Trash compactors shall be fully screened from view. Other trash receptacles, including but not limited to dumpsters, shall be stored in fully enclosed areas, including the top. 19. Adequate lighting, acceptable to the staff and City Engineer, will be provided on 17th Avenue and Sarazin Street at the entrance(s) to the site. 20. This conditional use permit (CUP) shall not be effective until such time as the final plat for the property has been recorded with the Scott County Recorders Office and all property owners have provided signatures for the CUP application. 21. 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. 22. Signage along Sarazin Street shall be limited to the size and height requirements of the City Code in effect at the time of sign permit application and shall be of a monument type design, constructed of face brick, stone, decorative block, painted block or other similar materials. Signage shall require an approved sign permit, if applicable. 23. Signage along 17th Avenue shall be limited to the size and height requirements of the City Code in effect at the time of sign permit application and shall be of a monument type design, as depicted in the site plan received by the City on April 29, 1999. One business complex sign shall be allowed for proposed Lots 5 and 6 and one for proposed Lots 3 and 4. Signage shall require an approved sign permit, if applicable. 24. The developer shall construct a sidewalk connection on site to provide pedestrian access to the structure(s). 25. The parking facility located south of the "big box" retail users shall be classified as a joint parking facility for those uses. Therefore, there shall be a zero setback requirement for the parking facility along the common lot line for those uses. 26. The 40,000 square foot retail user identified in plans received by the City on April 29, 1999 shall adhere to setback requirements in effect at the time of building permit application, unless otherwise modified by a separate review process. 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. 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 No evidence has been received 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 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 No evidence has been received 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 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, as recommended. Action Requested: Offer a motion to approve the conditional use permit, as recommended and move its adoption. / vl� Jul e Klima P :nner II is\commdev\boaa-p6 1999\0506\cuptrget.doc A K - -1":"*' 40,=41* azilita at -:- *- , .,,,,„,„, ..... ...mu,. „air iti EHIrr- v•42grvii,my__ =HP VIC nithillIMI.%MI - .4. =Jr 4 ...__ ....03:0„:„:„Nzi.,_.,, .: ■ ■■.�i.�vtto. 10 �111" ill fil � •4'.. �4`/ B1 .iz _ :ie ia c f -11 :: Alb Natio° 1. �4 4 4 „. -..► IIIIIIIIIIlilllllliilIilillll IIII Illllllllllfilll . B1 R2 iss ■►%iuuu��' 0 �0.411 S,I`H 169 AG -..... _ R3 B1 9I LO AG if, .0 11 hr/e4. \ Pill" m ••••• ...... - . sidA...1111 Frittolrio IIIIIIC. itt Emilie- los, IMI 011: 111_115 AG .cs., No , R1 0 II wiiirimpr AG 1-----" ,'""'10 14484.4 S OW Ift. ith tim �r p/< ;. N. 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Ii i r co A 1 _ J 1 " 7411-1 4111 j 1 . 1 b 1 } ° i ' , siAis o� 4. . \ f`Ii I ! \L.:T.1i II �ev I� ' 6 1 _ _ -- I I I I I1 I I I I _I M � 1'°` 1i l 1 S 1----t .. 6 _._ .7;. ...... - ti ado ..................A... ...........” ....t..—r—— il: — uNnoo ild6 TB 15A. 3 • CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Business Park Zoning District MEETING DATE: May 18, 1999 INTRODUCTION: The draft comprehensive plan identifies an area in the city for business park development, however, Chapter 11 of the City Code does not currently contain a companion zoning district. Staff presented the Planning Commission with a draft business park zoning district for review at a January 21, 1999 public hearing. The Commission closed the public hearing, and directed staff to prepare further revisions. The Planning Commission reviewed the revised text at its April 8th meeting, and recommended its approval. ALTERNATIVES: 1. Approve Ordinance No. 547 as presented. 2. Approve Ordinance No. 547 with revisions. 3. Do not approve Ordinance No. 547. 4. Table the matter for additional information. ACTION REQUESTED: Offer and approve Ordinance No. 547, an ordinance creating a Business Park(BP)Zone. R. Michael Leek Community Development Director is\commdev\cc\1999\0518\bpzone.doc ORDINANCE NO. 547, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11,ZONING,BY CREATING A BUSINESS PARK(PB) ZONE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, is hereby amended by adding the following language: SEC. 11.47. BUSINESS PARK ZONE(BP) Subd. 1. Purpose. The purpose of the Business Park zone is to provide areas for the development of office,business and light industrial uses meeting high standards of design and construction and having close proximity to major transportation corridors and/or other industrial zones. Subd. 2. Permitted Uses. Within the Business Park zone, no structure or land shall be used except for one or more of the following uses: A. offices and office buildings; B. research laboratories conducted entirely within an enclosed building;except those involving a project that fits within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; C. manufacturing,fabrication,processing,and assembly operations conducted entirely within an enclosed building,except those involving a project that fits within one the Mandatory EIS Categories under Minnesota Rules 4410.4400; D. warehousing and wholesaling operations conducted entirely within an enclosed building,except those involving a project that fits within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; E. office-warehouse and office-showroom facilities; F. medical or dental clinics; G. agricultural uses,but limited to the growing of field crops; H. utility services;and I. public buildings. Subd.3. Conditional Uses. Within the Business Park zone, no structure or land shall be used for any of the following uses except by conditional use permit: A. health and athletic club facilities; B. commercial vehicle rental facilities; C. industrial or technical training schools; D. restaurants,class I or class II,contained within a principal structure,oriented toward serving employees,and not exceeding 10%of the gross floor area of the building; E. manufacturing,fabrication,processing,and assembly operations;warehousing and wholesaling operations;and research laboratories,that fit within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; F. retail establishments not exceeding 10%of the gross floor area of the building; G. developments containing more than one principal structure per lot; H. hotels; I. heliports; J. communication service towers,subject to the following conditions: 1. shall be a monopole structure; 2. the location of the tower shall comply with the minimum setback requirements of the zone in which it is to be located. Towers located closer to a property line than a distance equal to the height of the tower shall be designed and engineered to collapse within the distance between the tower and the property line and supporting documentation shall be provided to prove this by a professional engineer; 3. shall not exceed 175 feet in total height(including the extension of any antenna); 4. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 5. shall be protected with corrosive resistant material; 6. signage shall not be allowed on the tower other than danger or warning type signs; 7. must provide proof from a professional engineer that the equipment is not able to be co-located on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; 8. must be built to accommodate antennas being placed at varying heights on the tower; 9. existing vegetation on the site shall be preserved to the maximum extent possible; 10. shall be surrounded by a security fence 6 feet in height with a lockable gate; 11. shall be located and have an exterior finish that minimizes visibility off-site to the greatest extent possible; 12. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 13. equipment and buildings shall be screened from view by suitable landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; 14. no tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one- half(1/2)mile search radius of the proposed tower for any of the following reasons: • the necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced,modified,or replaced to accommodate planned or equivalent equipment at a reasonable cost,as certified by a qualified,licensed professional engineer. • the necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer. • existing or approved towers and buildings within the 1/2 mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably,as certified by a qualified, licensed professional engineer. • the applicant, after a good faith effort,is unable to lease space on an existing or approved tower or building. 15. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site. 16. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus. 17. When towers are to be located in city parks,no towers should be located in designated conservation areas such as forest areas, marsh lands,wildlife preserves, nature center parks,picnic area, near historical structures,scenic open space areas, and areas of intense recreational play for children(playfields, swimming pool, playground equipment). 18. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults. 19. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. K. structures over 45 feet in height;and L. other uses similar to those in this subdivision,upon a determination by the Board of Adjustment and Appeals may be allowed upon the issuance of a Conditional Use Permit. Subd.4. Permitted Accessory Uses. A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; D. communication tower service apparatus/devices subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height(including the extension of any communication service device(s)/apparatus; 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code,including the provisions of the State Building Code therein adopted, shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed,the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus. 10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults. 11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. E. other accessory uses customarily appurtenant to a permitted or conditional use,as determined by the Zoning Administrator. Subd.5. Design Standards. A. Minimum lot area: 1 acre B. Maximum impervious surface coverage: 80% C. Lot specifications: Minimum lot width: 100 feet Building setbacks: minimum front yard setback: 50 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zone: 100 feet D. Dumpsters,trash handling equipment,and recycling equipment shall be stored within the principal structure,or within an accessory structure constructed of the same materials as the principal structure. E. Lighting fixtures shall be of downcast,cutoff type parking or drive aisle setbacks: minimum front yard setback: 50 feet minimum side yard setback: 20 feet minimum rear yard setback: 10 feet minimum side or rear yard setback from residential zone: 100 feet D. Maximum height: 45 feet without a conditional use permit Subd.6. Construction Materials. In the business park zone only the following materials may be used for the exterior finish of any principal or accessory building: face brick, stone, glass, decorative concrete block, architecturally treated concrete,cast in place or precast concrete,stucco,and materials substantially similar to these as determined by the Board of Adjustment and Appeals. Steel,aluminum,copper, or other high quality,durable metal,and wood may be used,but only as an accent,trim or frame,and not as siding for a substantial portion of any building facade. Section 2 - -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1999. 12- . CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Business Park Zoning District MEETING DATE: April 8, 1999 INTRODUCTION: The Commission held the public hearing on the proposed text amendment at its January 21, 1999 meeting. The public hearing was closed, and the amendment tabled to allow staff time to prepare a further revision addressing Commission concerns about 1) retail uses in the district, and 2) manufacturing and warehousing uses in the district. DISCUSSION: Before modifying the draft ordinance, staff reviewed a number of"business park" and "industrial park" provisions from other zoning ordinances. The table following on the next page summarizes the provisions reviewed and the provisions in the draft ordinance. Only one of the ordinances reviewed (Bloomington's) allows retail use of any sort unrelated to the principal use on the site. Limitations on retail area in a building range from 2,000 square feet to 10% to 20%. One of the ideas underlying the draft business park zoning district is that some flexibility to allow retail uses can be of benefit to the employees working in the district, and may in turn reduce the need for some vehicle trips in and out of the district. A second idea underlying the draft ordinance is that flexibility in the types of principal uses allowed will increase the ability of the district to respond to changes in the marketplace. A majority of the ordinances reviewed allow both manufacturing and warehousing, as well as office and research and development uses. A possible conclusion is that these uses can readily co-exist, so long as the development standards are appropriate. Based on staff' review of other ordinances, no change is being proposed at this time to the provisions regarding manufacturing and warehousing uses. Staff is open to other direction the Commission may have on this issue. The revisions to the draft ordinance attempt to respond to the Commission's concerns about the district becoming an ersatz commercial district. CITY RETAIL MANUFACTURING WAREHOUSING Bloomington 2,000 sq. ft. or Permitted principal use Permitted principal (Industrial Park 10% of the gross use District) floor area (products manufactured on the premises) Coffee shops and cafeterias Chanhassen 20% of the floor "Light manufacturing" Permitted use (Industrial Office space for products a permitted use Park District) stored or manufactured on the site Prior Lake "Retail sales or Permitted use Permitted use (Business Park) services to the public" not exceeding 2,000 sq. ft. Savage 15% of the gross Permitted use Permitted use (Business Park floor area; District) physically segregated; on first floor only Shakopee (Draft) Allowed by CUP Permitted use Permitted use ALTERNATIVES: 1. Recommend approval of the text amendment, as revised to the City Council. 2. Recommend approval of the text amendment with further modifications to the City Council. 3. Recommend denial of the text amendment to the City Council 4. Continue the public hearing to allow additional testimony. 5. Table the matter in order for staff to provide additional information. ACTION REQUESTED: ycDirect staff to proceed with the preferred alternative. R. Michael Leek Community Development Director is\commdev\boas-pc\1999\0408\bpzone.doc DRAFT Revised March 30, 1999 by RML SEC. 11.47. BUSINESS PARK ZONE(BP) Subd. 1. Purpose. The purpose of the Business Park zone is to provide an areas for the development of office,business and light industrial uses meeting high standards of design and construction and having close proximity to major transportation corridors and/or other industrial zones. Subd.2. Permitted Uses. Within the Business Park zone,no structure or land shall be used except for one or more of the following uses: A. administrative, , a rfessienal offices and office buildings; B. research laboratories conducted entirely within an enclosed building;except those involving a project that fits within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; C. manufacturing,fabrication,processing,and assembly operations conducted entirely within an enclosed building,except those involving a project that fits within one the Mandatory EIS Categories under Minnesota Rules 4410.4400; D. warehousing and wholesaling operations conducted entirely within an enclosed building,except those involving a project that fits within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; E. office-warehouse and office-showroom facilities; F. medical or dental clinics; G. agricultural uses,but limited to the growing of emep field crops; H. utility services;and I, public buildings. Subd.3. Conditional Uses. Within the Business Park zone,no structure or land shall be used for any of the following uses except by conditional use permit: A. health and athletic club facilities; B. commercial vehicle rental facilities; C. industrial or technical training schools; D. restaurants,class I or class II,contained within a principal structure,oriented toward serving employees,and not exceeding 10%of the gross floor area of the building; E. manufacturing,fabrication,processing,and assembly operations;warehousing and wholesaling operations;and research laboratories,that fit within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; F. retail establishments not exceeding 10%of the gross floor area of the building, G. developments containing more than one principal structure per lot; H. hotels; heliports; J. communication service towers,subject to the following conditions: 1. shall be a monopole structure; 2. the location of the tower shall comply with the minimum setback requirements of the zone in which it is to be located. Towers located closer to a property line than a distance equal to the height of the tower shall be designed and engineered to collapse within the distance between the tower and the property line and supporting documentation shall be provided to prove this by a professional engineer, 3. shall not exceed 175 feet in total height(including the extension of any antenna); 4. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 5. shall be protected with corrosive resistant material; 6. signage shall not be allowed on-the tower other than danger or warning type signs; 7. must provide proof from a professional engineer that the equipment is not able to be co-located on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; 8. must be built to accommodate antennas being placed at varying heights on the tower; 9. existing vegetation on the site shall be preserved to the maximum extent possible; 10. shall be surrounded by a security fence 6 feet in height with a lockable gate; 11. shall be located and have an exterior finish that minimizes visibility off-site to the greatest extent possible; 12. applicable provisions of the City Code,including the provisions of the State Building Code therein adopted,shall be complied with; 13. equipment and buildings shall be screened from view by suitable landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; 14. no tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one- half(1/2)mile search radius of the proposed tower for any of the following reasons: • the necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced,modified,or replaced to accommodate planned or equivalent equipment at a reasonable cost,as certified by a qualified,licensed professional engineer. • the necessary equipment would cause interference as to significantly or the usability of other existing or planned equipment at the tower, building and the interference cannot be prevented at a reasonable cost,as certified by a qualified,licensed structural engineer. • existing or approved towers and buildings within the 1/2 mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably,as certified by a qualified,licensed professional engineer. • the applicant,after a good faith effort,is unable to lease space on an existing or approved tower or building. 15. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed,the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site. 16. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus. 17. When towers are to be located in city parks,no towers should be located in designated conservation areas such as forest areas,marsh lands,wildlife preserves, nature center parks,picnic area,near historical structures, scenic open space areas, and areas of intense recreational play for children(playfields, swimming pool, playground equipment). 18. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults. 19. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. K. structures over 45 feet in height;and L. other uses similar to those in this subdivision,upon a determination by the Board of Adjustment and Appeals may be allowed upon the issuance of a Conditional Use Permit. Subd.4. Permitted Accessory Uses. A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; D. communication tower service apparatus/devices subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height(including the extension of any communication service device(s)/apparatus; 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code,including the provisions of the State Building Code therein adopted,shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed,the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus. 10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults. 11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. E. other accessory uses customarily appurtenant to a permitted or conditional use,as determined by the Zoning Administrator. Subd.5. Design Standards. A. Minimum lot area: 1 acre B. Maximum impervious surface coverage: 80% C. Lot specifications: Minimum lot width: 100 feet Building setbacks: minimum front yard setback: 50 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zone: 100 feet D. Dumpsters,trash handling equipment,and recycling equipment shall be stored within the principal structure,or within an accessory structure constructed of the same materials as the principal structure. E. Lighting fixtures shall be of downcast,cutoff type parking or drive aisle setbacks: minimum front yard setback: 50 feet minimum side yard setback: 20 feet minimum rear yard setback: 10 feet minimum side or rear yard setback from residential zone: 100 feet D. Maximum height: 45 feet without a conditional use permit Subd.6. Construction Materials. In the business park zone only the following materials may be used for the exterior finish of any principal or accessory building: face brick,stone,glass, decorative concrete block,architecturally treated concrete,cast in place or precast concrete,stucco,and materials substantially similar to these as determined by the Board of Adjustment and Appeals. Steel,aluminum,copper,or other high quality,durable metal,and wood may be used,but only as an accent,trim or frame,and not as siding for a substantial portion of any building facade. 5. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Business Park Zoning District DATE: January 21, 1999 INTRODUCTION The City has initiated a text amendment regarding the establishment of a Business Park Zoning District. DISCUSSION Please find attached the draft Business Park Zoning district regulations. Due to the opening of Highway 169 and other growth issues, Shakopee is experiencing an increased demand for business park type uses. Currently, the Zoning Ordinance does not adequately address these types of uses. The proposed text amendment only addresses the regulations associated with a Business Park Zoning district. The guiding and rezoning of property for such use(s) is a separate process that would be undertaken at a later date. ALTERNATIVES 1. Recommend approval of the text amendment, as proposed to the City Council. 2. Recommend approval of the text amendment with modifications to the City Council. 3. Recommend denial of the text amendment to the City Council 4. Continue the public hearing to allow additional testimony. 5. Table the matter in order for staff to provide additional information. ACTION REQUESTED Direct staff to proceed with the preferred alternative. j/ - -.= - lulu/ layil Ijk-- Julie Klima Planner II is\commdev\boaa-pc\1999\0121\bpzone.doc DRAFT SEC. 11.47. BUSINESS PARK ZONE(BP) Subd. 1. Purpose. The purpose of the Business Park zone is to provide an area for office,business and light industrial uses with close proximity to major transportation corridors and industrial zones. Subd.2. Permitted Uses. Within the Business Park zone,no structure or land shall be used except for one or more of the following uses: A. administrative,executive,and professional offices; B. research laboratories conducted entirely within an enclosed building;except those involving a project that fits within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; C. manufacturing,fabrication, processing, and assembly operations conducted entirely within an enclosed building,except those involving a project that fits within one the Mandatory EIS Categories under Minnesota Rules 4410.4400; D. warehousing and wholesaling operations conducted entirely within an enclosed building,except those involving a project that fits within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; E. office-warehouse and office-showroom facilities; F. medical or dental clinics; G. agricultural uses,but limited to the growing of crop fields; H. utility services;and I. public buildings. Subd.3. Conditional Uses. Within the Business Park zone, no structure or land shall be used for any of the following uses except by conditional use permit: A. health and athletic club facilities; B. commercial vehicle rental facilities; C. industrial or technical training schools; D. restaurants, class I or class II,contained within a principal structure and oriented toward serving employees; E. manufacturing,fabrication,processing,and assembly operations;warehousing and wholesaling operations;and research laboratories,that fit within one of the Mandatory EIS Categories under Minnesota Rules 4410.4400; F. retail establishments; G. developments containing more than one principal structure per lot; H. hotels; heliports; J. communication service towers,subject to the following conditions: 1. shall be a monopole structure; 2. the location of the tower shall comply with the minimum setback requirements of the zone in which it is to be located. Towers located closer to a property line than a distance equal to the height of the tower shall be designed and engineered to collapse within the distance between the tower and the property line and supporting documentation shall be provided to prove this by a professional engineer; 3. shall not exceed 175 feet in total height(including the extension of any antenna); 4. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 5. shall be protected with corrosive resistant material; 6. signage shall not be allowed on the tower other than danger or warning type signs; 7. must provide proof from a professional engineer that the equipment is not able to be co-located on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; 8. must be built to accommodate antennas being placed at varying heights on the tower; 9. existing vegetation on the site shall be preserved to the maximum extent possible; 10. shall be surrounded by a security fence 6 feet in height with a lockable gate; 11. shall be located and have an exterior finish that minimizes visibility off-site to the greatest extent possible; 12. applicable provisions of the City Code,including the provisions of the State Building Code therein adopted,shall be complied with; 13. equipment and buildings shall be screened from view by suitable landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; 14. no tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one- half(1/2)mile search radius of the proposed tower for any of the following reasons: • the necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified,or replaced to accommodate planned or equivalent equipment at a reasonable cost,as certified by a qualified, licensed professional engineer. • the necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure or building and the interference cannot be prevented at a reasonable cost,as certified by a qualified, licensed structural engineer. • existing or approved towers and buildings within the 1/2 mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably,as certified by a qualified,licensed professional engineer. • the applicant,after a good faith effort,is unable to lease space on an existing or approved tower or building. 15. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed,the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site. 16. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus. 17. When towers are to be located in city parks,no towers should be located in designated conservation areas such as forest areas, marsh lands,wildlife preserves, nature center parks,picnic area, near historical structures, scenic open space areas, and areas of intense recreational play for children(playfields, swimming pool, playground equipment). 18. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults. 19. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. K. structures over 45 feet in height;and L. other uses similar to those in this subdivision,upon a determination by the Board of Adjustment and Appeals may be allowed upon the issuance of a Conditional Use Permit. Subd.4. Permitted Accessory Uses. A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; D. communication tower service apparatus/devices subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height(including the extension of any communication service device(s)/apparatus; 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code,including the provisions of the State Building Code therein adopted,shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed,the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus. 10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults. 11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. E. other accessory uses customarily appurtenant to a permitted or conditional use, as determined by the Zoning Administrator. Subd. 5. Design Standards. A. Minimum lot area: 1 acre B. Maximum impervious surface coverage: 80% C. Lot specifications: Minimum lot width: 100 feet Building setbacks: minimum front yard setback: 50 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zone: 100 feet parking or drive aisle setbacks: minimum front yard setback: 50 feet minimum side yard setback: 20 feet minimum rear yard setback: 10 feet minimum side or rear yard setback from residential zone: 100 feet D. Maximum height: 45 feet without a conditional use permit Subd.6. Construction Materials. In the business park zone only the following materials may be used for the exterior finish of any principal or accessory building: face brick, stone,glass, decorative concrete block,architecturally treated concrete,cast in place or precast concrete,stucco,and materials substantially similar to these as determined by the Board of Adjustment and Appeals. Steel,aluminum,copper, or other high quality,durable metal,and wood may be used,but only as an accent, trim or frame,and not as siding for a substantial portion of any building facade. CITY OF SHAKOPEE • Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Retail Centers MEETING DATE: May 18, 1999 INTRODUCTION: The City Code currently regulates retail centers through a conditional use permit(CUP) process. The Crossroads Center development has been the City's only opportunity to exercise the retail center CUP. Based on that experience, which involved a number of requested variances, it appeared to staff that a more comprehensive and flexible approach to the regulation of retail centers, would be desirable. DISCUSSION: Staff proposes that retail centers be regulated as planned unit developments (PUDs) rather than conditional uses. The attached draft ordinance amends relevant provisions of City Code Chap. 11. The Planning Commission also passed a motion recommending that retail center PUDs be reviewed for compliance before any building certificates of occupancy be issued for such project. ALTERNATIVES: 1. Approve Ordinance No. 548 as presented. 2. Approve Ordinance No. 548 with revisions. 3. Do not approve Ordinance No. 548 4. Table a decision and request additional information from staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the proposed text amendment at its May 6th meeting, and recommended approval by a vote of 5-0. ACTION REQUESTED: Offer and approve Ordinance No. 548, an ordinance amending City Code Chap. 11 related to retail centers. R. Michael Leek Community Development Director i:\commdev\cc\1999\0518\tartetailcenter.doc ORDINANCE NO. 548, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, RELATED TO RETAIL CENTERS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, is hereby amended by adding the language that is underlined and deleting the language that is struck—thfeugh: Section 11.02 (Definitions), No. 113: Retail Center- a commercial area containing multiple one or more retail businesses establishment(s)with a total building area in excess of 50,000 square feet. Section 11.36 Highway Business Zone, Subd. 3.Conditional Uses V. Retail Centers; Section 11.36 Highway Business Zone, Subd. 4 Planned Unit Development Uses A. Retail Centers. (All subsequent subdivisions shall be renumbered). Section 11.50 Planned Unit Development District, Subd. 4 Retail Centers. (All subsequent subdivisions shall be renumbered). A. Shall not be subject to a minimum or maximum project size. B. Shall not have a public address system from any part of the facility which is audible from any residential property. C. Shall maintain a landscaped buffer 100 feet wide from any residential zone. D. Shall submit a lighting plan for the project area to verify that on site lighting is not spilling over to adjacent properties and is in compliance with the lighting requirements of the City Code. E. Shall provide berming and landscaping consistent with the requirements of the City Code and/or as deemed necessary by the City Council to provide screening and/or transition areas between the site and adjoining uses. F. All mechanical components, including, but not limited to, rooftop components, on site shall be screened. Said screening can be accomplished through painting, paneling or other material as deemed acceptable by the Zoning Administrator. G. Trash compactors shall be fully screened from view. Other trash receptacles, including but not limited to dumpsters, shall be stored in fully enclosed areas, including the top. H. Building materials used on the sides and rear of the building(s) shall be of the same or similar materials and colors as the front to the building(s). I. Signage shall be limited to the size and height requirements of the City Code. However, free standing signage along City streets shall be limited to a monument type design and shall be constructed of face brick, stone, decorative block, painted block or other similar materials. If multiple retail establishments exist within the retail center, only one free standing business complex sign shall be allowed per street frontage. J. Shall provide an internal pedestrian access system. K. Outdoor storage or display of goods for sale shall require specific approval by the City Council. L. Shall provide access points in locations approved by the City Engineer to ensure proper ingress/egress to the site. M. Shall allow lots without public street frontage, if proper cross easements are provided to ensure accessibility. N. Uses listed as conditional uses in the underlying zoning district may be allowed within a Retail Center PUD upon approval by the City Council. Such uses shall be held to standards outlined in Section 11.87 (Conditional Use Permit Standards for Business Zones), unless otherwise modified by the City Council. A separate CUP review process shall not be required when these uses are incorporated into the retail center PUD review. Section 11.50 Planned Unit Development District. Subd.-4-5. Design Standards. Item D. Design standard variations, including, but not limited to, lot size and setbacks, shall be allowed with a PUD designated for commercial and/or industrial development, when the City Council deems such variations are necessary to implement community goals for development as outlined in the Comprehensive Plan. Section 11.87. Conditional Use Permit Standards for Business Zones. Subd. 2. Specific Standards for Business Zones. Item GG. retail centers: 2. shall be limited to two driveways; and 3. if a lot within a retail center dedicates all its street access rights to the City, and gains may be reduced to 20,000 square feet. (All subsequent entries to be relettered.) Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1999. g . CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Retail Centers DATE: May 6, 1999 INTRODUCTION The City Code currently provides for the definition and regulation of retail centers through a conditional use permit (CUP) process. The Crossroads Center development has been the City's only opportunity to exercise the retail center CUP. Based on that experience, it appears that a more comprehensive and flexible approach to retail development may be desirable. DISCUSSION The current regulations provide minimal standards for retail centers. These standards specifically relate to driveways and the number of access points. Based on the City's previous experience, other issues, such as signage, lighting, etc. require attention as well. Furthermore, as you may recall, the Crossroads Center CUP includes approximately 30 variations/variances which were approved as part of the CUP process. The City has recently adopted a text amendment which would require any CUP containing variances to evaluate the proposed variances based on the criteria outlined in City Code for variances. These criteria are restrictive and require that a hardship, beyond economic consideration, exist. Therefore, staff is proposing with the following language that the regulation of retail centers be transferred to the Planned Unit Development (PUD) portion of the City Code. The PUD process allows for consideration of variations from the regulations specifically outlined in the City Code, allows additional review/involvement of adjoining neighborhoods due to the required neighborhood meeting and concept review process, and provides the City with additional flexibility with regard to site development. Staff has reviewed Chapter 11 (Zoning) of the City Code in order to identify areas of the code which address the definition of retail centers and their regulation. Therefore, staff is proposing to the following changes to the City Code. Language which is underlined is proposed for addition, language which is struckthrough is proposed for deletion. Section 11.02 (Definitions), No. 113: Retail Center - a commercial area containing multiple one or more retail busies establishment(s) with a total building area in excess of 50,000 square feet. Section 11.36 Highway Business Zone, Subd. 3.Conditional Uses V. Retail-Centers; Section 11.36 Highway Business Zone, Subd. 4 Planned Unit Development Uses A. Retail Centers. (All subsequent subdivisions shall be renumbered). Section 11.50 Planned Unit Development District, Subd. 4 Retail Centers. (All subsequent subdivisions shall be renumbered). A. Shall not be subject to a minimum or maximum project size. B. Shall not have a public address system from any part of the facility which is audible from any residential property. C. Shall maintain a landscaped buffer 100 feet wide from any residential zone. D. Shall submit a li•htin• •lan for the •ro'ect area to veri that on site li•htin• is not s.Min. over to ad'acent .ro•erties and is in corn•liance with the li•htin• re•uirements of the City Code. E. Shall provide berming and landscaping consistent with the requirements of the City Code and/or as deemed necessary by the City Council to provide screening and/or transition areas between the site and adjoining uses. F. All mechanical components, including, but not limited to, rooftop components, on site shall be screened. Said screening can be accomplished through painting, paneling or other material as deemed acceptable by the Zoning Administrator. G. Trash compactors shall be fully screened from view. Other trash receptacles, including but not limited to dumpsters, shall be stored in fully enclosed areas, including the top. H. Building materials used on the sides and rear of the building(s) shall be of the same or similar materials and colors as the front to the building(s). I. Signage shall be limited to the size and height requirements of the City Code. However, free standing signage along City streets shall be limited to a monument type design and shall be constructed of face brick, stone, decorative block, painted block or other similar materials. If multiple retail establishments exist within the retail center, only one free standin,business complex sign shall be allowed per street frontage. J. Shall provide an internal pedestrian access system. K. Outdoor storage or display of goods for sale shall require specific approval by the City Council. L. Shall provide access points in locations approved by the City Engineer to ensure proper ingress/egress to the site. M. Shall allow lots without public street frontage, if proper cross easements are provided to ensure accessibility. N. Uses listed as conditional uses in the underlying zoning district may be allowed within a Retail Center PUD upon approval by the City Council. Such uses shall be held to standards outlined in Section 11.87 (Conditional Use Permit Standards for Business Zones), unless otherwise modified by the City Council. A separate CUP review process shall not be required when these uses are incorporated into the retail center PUD review. Section 11.50 Planned Unit Development District. Subd.-45. Design Standards. Item D. Design standard variations, including, but not limited to, lot size and setbacks. shall be allowed with a PUD designated for commercial and/or industrial development, when the _QV Council deems such variations are necessary to implement community goals for development as outlined in the Comprehensive Plan. Section 11.87. Conditional Use Permit Standards for Business Zones. Subd. 2. Specific Standards for Business Zones. Item GG. retail centers: . .. . .. ...-, . . . .. - _ !! -- - . - ! !e! _ _ . - - (All subsequent entries to be relettered.) Section 11.83, Subd. 2 of the City Code states "the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings. Criteria #1: That the original zoning ordinance is in error. Finding#1: The original zoning ordinance is not in error. Criteria#2: That significant changes in community goals and policies have taken place. Finding#2: Changes in community goals and policies addressing retail developments have taken place . Criteria #3: That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3: Significant changes in City-wide or neighborhood development patterns have occurred in that significant commercial development is anticipated as Shakopee continues to experience growth.. Criteria #4: That the comprehensive plan requires a different provision. Finding#4: The proposed amendment is not in conflict with the comprehensive plan. ALTERNATIVES 1. Recommend to the City Council the approval of the text amendment, as presented. 2. Recommend to the City Council the approval of the text amendment with revisions. 3. Do not recommend the proposed amendment to the City Council 4. Table a decision and request additional information from staff. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the proposed text amendment to the City Council, either as presented or with revisions (Alternative Nos. 1 and 2). ACTION REQUESTED Offer and approve a motion recommending approval of the proposed text amendment to the City Council. lie Klima Planner II i:\commdev\boaa-pc11999\0506\tartictr.doe 1sA . S ' CITY OF SHAKOPEE Memorandum r TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Text Amendment Regarding Silos DATE: May 18, 1999 Introduction At the March 18, 1999 Board of Adjustment and Appeals meeting, New England Fertilizer Company (Blue Lake Treatment Plant) requested a CUP to construct a sludge processing facility with overheight structures(storage silos). The Board was concerned that silos were not defined or addressed in our City Code, and directed Staff to prepare a text amendment regarding silos within the City of Shakopee. Discussion At its May 6, 1999 meeting, the Planning Commission reviewed and recommended approval of the proposed text amendment with one minor modification. Please find attached a copy of the May 6, 1999, staff report for your reference. Alternatives 1. Approve the text amendment as recommended by the Planning Commission. 2. Approve the text amendment, with revisions. 3. Do not approve the text amendment. 4. Table the matter to request additional information from staff. Planning Commission Recommendation The Planning Commission has unanimously recommended approval of the text amendment. Action Requested Offer Ordinance No. 549 and move its approval. Tim Benetti Planner I ORDINANCE NO. 549, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, is hereby amended by adding the language which is underlined and deleting the language which is struck-through: Section 11.02 (Definitions), No. 136: "Silo" - A vertical, cylindrical structure, made of reinforced concrete, steel, timber or materials which comply with building codes, used for storing grain, cement or other materials necessary to the conduct of operations with a permitted or conditional permitted use in a specified zoning district. Section 11.22 Agriculture Preservation Zone (AG), Subd. 4. Permitted Accessory Uses. A. machinery, and structures and silos necessary to the conduct of agriculture operations Section 11.24 Rural Residential Zone (RR), Subd. 4. Permitted Accessory Uses. F. machinery, and structures and silos necessary to the conduct of agriculture operations Section 11.46 Heavy Industrial Zone (1-2) Subd. 4. Permitted Accessory Uses. F. silos (Subsequent listings after each addition will be re-numbered/lettered when the code is codified.) Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1999. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee,MN 55379 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Jared Andrews, Planner I SUBJECT: Text Amendment regarding fences on double frontage lots. DATE: May 18, 1999 INTRODUCTION: Due to concern raised regarding fence restrictions on double frontage lots, and direction given by City Council, staff has proposed a text amendment which would allow taller fences on frontages where no access is obtained. DISCUSSION: Many problems encountered by citizens and businesses with double frontage lots deal with inadequate barriers for children and pets as well as the inconsistency with the four foot minimum code requirement for swimming pools and daycare facilities. In addition, four foot and six foot high fences have become industry standards, making the three foot high or less fence either unavailable or more expensive to custom build. Issues such as privacy may be alleviated by allowing a six foot fence. However, this may be deemed to be too tall next to street right-of way. The Planning Commission has expressed aesthetic concerns in the past relating to the potential for a "six foot tunnel effect" as well as line-of-site safety issues. Staff has proposed three options for the Council's discussion. Language which is underlined is proposed for addition, language which is struck throe'h is proposed for deletion. OPTION#1 (four foot on 2nd front) SEC. 4.03 Subd. 1. Fence Construction Requirements D. Additional Requirements 1. Fences six feet and under shall be permitted anywhere on the lot except in the front yard setback. Fences up to three feet in height shall be shall be allowed in the front yard setback. In the case of a double frontage lot, fences four feet high and under shall be permitted within the front yard setback in which no street access is obtained. OPTION#2 (four foot on all fronts) SEC. 4.03 Subd. 1. Fence Construction Requirements D. Additional Requirements 1. Fences six feet and under shall be permitted anywhere on the lot except in the front yard setback. Fences up to twee four feet in height shall be shall be allowed in the front yard setback. OPTION#3 (six foot on 2nd front) SEC. 4.03 Subd. 1. Fence Construction Requirements D. Additional Requirements 1. Fences six feet and under shall be permitted anywhere on the lot except in the front yard setback. Fences up to three feet in height shall be allowed in the front yard setback. In the case of a double frontage lot, fences six feet high and under shall be permitted within the front yard setback from which no street access is obtained. ACTION REQUESTED: Direct Staff to prepare an ordinance reflecting the Council's preferred option. Ja d D. Andrews Planner I is\conundev\cc\1999\cc0518\tafence.doc /5:6. "7„ CITY OF SHAKOPEE ..� Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Request for Extension of the 12 Month Time Period for Approval of the Preliminary Plat of Maple Trails Estates DATE: May 18, 1999 INTRODUCTION The City has received a request from Harland Hohenstein to extend the 12 month period from the date of City Council approval of a Preliminary Plat. The applicant is requesting an extension of an additional 12 months in which to final plat the remaining portion of this development. The City Code states that the Council may extend the time period of preliminary approval upon written application by the developer. Attached as Exhibit A is a letter from Harland Hohenstein. BACKGROUND On July 21, 1992, the City Council approved the Preliminary Plat for Maple Trails Estates, and the Final Plat for the first addition was approved on September 15, 1992. The City Council has previously approved 12 month Preliminary Plat extensions for this subdivision on February 1, 1994; June 20, 1995; and June 4, 1996. City Code Section 12.03, Subd. 3.G states the following: "Approval of the Preliminary Plat by the Council shall give the applicant the following rights for a 12 month period from the date of approval: 1. The general terms and conditions under which the approval was granted will not be changed by the City; and 2. That the applicant may submit on or before such expiration date the whole or any part of the approved plat for final approval; and 3. The Council may extend the time period of preliminag approval, upon written application by the developer and for good cause shown. Each such extension shall not exceed a 12 month period" In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the Preliminary Plat itself. In addition, City Staff is not aware of any changes that have occurred in the area of the proposed plat that would necessitate a new review and approval of a new Preliminary Plat for Maple Trails Estates by the City at this time. ALTERNATIVES 1. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional 12 months. 2. Offer and pass a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates, and require the developer to resubmit the Preliminary Plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion extending the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional 12 months, and move its approval. / 1e v �ima Planner II is\commdev\cc\1999\cc0518\exmpltr.doe XHUB1T 4 MAPLE TRAIL ESTATES Harland & Pam Hohenstein, Owners May 6, 1999 MAY 7 1999 Julie Klima Planner II 129 Holmes St. S. Shakopee, MN 55379 Dear Ms. Klima: We are asking staff and the city council to approve extending our preliminary plat for Maple Trails additions II and III for another year from June 2, 1999. The problem is still getting an egress road through Chateau Estates. In recent discussion there may be a possibility of doing something on this in the year 2000. We wish to get this project completed ASAP. Thank you. Sincerely, ,/;, 77_ z 2693 Marschall Rd. Shakopee, MN 55379 Maw 4., IIIN 1111411111 .1, 41111 IMIiiiei r MP • 111117 literille�` alle iew Rd. ,,,4 " , I ,,,...x.„.... Nr-7....A _ IN kF4 I A° MUM \ \ \ 4 ►1111 \\\\\\\\\\I\- \--NC\N I 4fte0014r&I .. &11 X ai 1 iiii4 -._ D •11, II� vi, re' ° CSAH 42 *pc 0 41(47C1 1.1 c111.1 P Ain in ! 1 aAdmatirlilleafti . 4`411 .1 i torsi • 1 Maple Trails N W E S ..1161 SHAKOPEE Parcels COMMUNITY PRIDE SINCE 1857 05/13/99 CITY OF SHAKOPEE R ,," Memorandum i � TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Initiating the Vacation of Easement DATE: May 18, 1999 Introduction The attached Resolution No. 5146 sets a public hearing date to consider the vacation of easement. The requested vacation is for easement located within the proposed Shakopee Valley Marketplace plat (south of Highway 169 and east of County Road 17). Discussion The City received a petition for the vacation of easement from Oppidan Investment Company. The attached resolution sets a public hearing for June 15, 1999. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for your consideration. Action Requested Offer Resolution No. 5146, A Resolution Setting the Public Hearing Date to Consider the Vacation of Easement located South of Highway 169 and East of County Road 17, and move its adoption. Zth 01(4211A--, Julie Klima Planner II i:\commdev\cc\1999\cc0518\vacphopp.doc RESOLUTION NO. 5146 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF EASEMENT LOCATED SOUTH OF HIGHWAY 169 AND EAST OF COUNTY ROAD 17 WHEREAS,it has been made to appear to the Shakopee City Council that easements located south of Highway 169 and east of County Road 17, City of Shakopee, County of Scott, State of Minnesota, serve no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FILE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 15th day of June, 1999, at 7:00 P.M. or thereafter, on the matter of vacating easements located south of Highway 169 and east of County Road 17, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee A 1TLST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 1.5119. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared Andrews, Planner I SUBJECT: Resolution approving the appeal Super America DATE: May 18, 1999 INTRODUCTION At its May 4, 1999 meeting, the City Council voted unanimously on a motion to grant an Appeal approving a modification in the conditions of an approved Conditional Use Permit (CUP) for a gas station and car wash in the B-1 Zone. Staff was directed to draft a resolution consistent with that determination. Staff has attached Resolution#5072 for Council approval. ALTERNATIVES 1. The City Council may approve Resolution#5072 with conditions as proposed by staff. 2. The City Council may approve Resolution#5072 with modified conditions. ACTION REQUESTED Make a motion to approve Resolution#5072 Jared Andrews Planner I i:\commdev\c61999\cc0518\sares.doc RESOLUTION NO. 5136 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING A CONDITIONAL USE PERMIT FOR A GAS STATION AND CAR WASH IN 'f.HE B-1 HIGHWAY BUSINESS ZONE WHEREAS,Dan Billmark, Applicant, and Valley Green Business Park, owner, has filed an application dated received February 19, 1998, 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, Canterbury 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. WHEREAS, on March 26th, 1999 the City received the applicant's appeal of the decision of the Board of Adjustments and Appeals. WHEREAS, on May 6th, 1999 the City Council reviewed the applicant's appeal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: That the City Council adopts the following findings of fact: 1. The proposed conditional use will not be injurious to the use and the enjoyment of other property in the immediate vicinity for the purposes that are already permitted, nor would it diminish or impair property values in the area. 2. The proposed conditional use would not impede the orderly development and improvement of the surrounding property for uses predominant in the area. 3. Adequate utilities, access roads, drainage and parking exist to serve the site. 4. The overall use of the property is consistent with the purposes the B-1 zone with the conditions imposed below. 5. The use is not in conflict with the Comprehensive Plan, which designates this property for commercial use. BE IT FURTHER RESOLVED, That the application for Conditional Use Permit Resolution 5136 is hereby GRANTED, subject to the following conditions: 1. Accesses onto 12th Avenue shall be subject to the approval of the City Engineer.. 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 Avenue be eliminated, and berming and landscaping be continued in its place, unless otherwise approved by the City Engineer. 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. Passed in session of the City Council of the City of Shakopee, 1999. Minnesota, held this___day of Mayor of the City of Shakopee City Clerk Attest: of , 1999. Published in the Shakopee Valley News on the___day Prepared by: City of Shakopee 129 S.Holmes St. Shakopee,MN is. ft. /0. CITY OF SHAKOPEE C N ai .NT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti,Planner I SUBJECT: Brittany Village PUD (Applicant&Owners) Tollefson Development,Inc. (App DATE: May 18, 1999 Disc_ onju° with the Council's future review and considerationaooval to the Final Plat of Brittany itfoot In conjunctionns drawing). 33. Village 1st Addition, Tollefson Development is requesting said plat(see attached p wide, city owned parcel along the southerly boundary ert theyneed this parcel to plat and develop their property, In order for Tollefson to successfully within their PUD and access to their property. City Staff required the developer outh boundary) within this 33 foot parcel provide (both located along the and the adjacent 8 foot wide parcel plat. y which states her compensation. This parcel was deeded to Town of Attached to this memo is a letter from Ms. Corrine Thomson, City Attorney, later opinion the City 1970 not "road purposes." require City acquired this parcel when Eagle Creek was Eagle Creek in for "road p rp purposes, we can convey the annexed. Since the City never has or lvelods to ment use A vacation proceeding is also not necessary. parcel by quit claim deed to Tollefson Development. required to pay all costs associated with the conveyance, including deed The developer will be re q preparations,title work and recording fees. Action Requested pnd the approve the conveyance of the parcel to Tollefson Development, Inc.,c•, Offer a motion to appropriate City officials to execute a deed conveying said parcel. i.\commdev\c61999\cc0518\brtvi113.doc .n uJ v _ Y \lll a n1a atC X \ \\\ nil \ 1 21 L' 1 MI 0 0 \ 74 , \ _____,,4 ,)__.„,... 1 ./.uc .�Kw..svy ---- 1.71.0 H p.% \ ATfO iR.W.00N WIC PM iaaG s. -. \ I \ .:: -1 a ,„ 1 I a : A.tr... st 1 11 1 I : 1 \ 1 �/ . �1a, 1 \ / 1 �I I = .Y 1 I I \ 1 \ Q ,//,'�t I s' I \\ \, , ' / �I 1 gv, , , : ..1 ,., �/ I : 9 I \ 1 \I /<, N .1 I \ I i ',,_,--i-2,4,7"... */ / 8 III 1 I Iill i IIIry I A�11 I g V 11 1 1 //lt.� >9 I / y I I ,.....„1.02 , . ,. . s _1 'Ai _- _ 1 +1 1.1/c/ �° A 1 3...10 I* , 3Nu? \ I 1' Z___11111-11".-..,--- or('l 142E s � ..ri.a.__saw r Awrum �� . 1 unuA16 __ •,!.• 1 \ 11 '44°,7,,;!,$0.lA ice's 000 1, °.• A F. '' - ' 1104 1 ' °;1,.J -, 1 -.• § ;:, 9 VO . C !' 11 -0 '1 - ::' —=oam— a 1 RLI Mar _ l:: VlJ I Ap n4 CO ! ' T 1 II p lost \!u _r n i11 1 .,�- 1 11 I I I n> 6� �1(AI s '`" 11 1-- 1 m � 1 1,11'.11 ' ••is iia : 1 r .�.o-A I 1:11:11 r�,,,,,,,,:: \ I 1 0 . -,,a, 0.ell TX Tt.r...7 , 11 1 Iat • I \ 00 1--- �-- �-- 1 t I 'o ,_ 1 S I 1 I I 1 a 1- 1 1 ! s I 1 1 e;, 11� \ \1 ism 11I 1U1 I �� 1 1'1 1 I tt I;11Ri I I 1 ,,1 , § 1 111 p F. 1\ 1\ 9e 1 ,�I ¢ , I A 8 1 _ 1 ---�%, E_ - —— \ T+� 1 \ i` I C 133315 ` 1 1 S NRYYVS s azr✓Ys 1 \ @ a --- soo'ao'n'z eun sista".'s 05-13-99 12:02 From-KENNEDY GRAVEN +6123379310 1-611 P•02/02 F-759 470 Pillsbury Cccucr - Kennedy 200 south Sixd1 Saver A4inila1xrlii MN 55402 --- (612) 537-9300 rcicphonc k..0 raven (61.2) 537-9310 Fax hrtp.//www kcuncdy-graven cum G M AR T ER ED Coiuur F H.Tuolvlsun Anonicy at I.xw Dircct Dial(612)331-9211 crosd.cthouisuoGkenncJy-amen corn May 13, 1999 BY FAX AND MAIL Fax No. 612-445-6718 Tim Renetti City of Shakopee 129 Holmes Street South Shakopee. MN 55379-1376 RE. Conveyance of Land to Tollefson Development, Inc. Dear Tim: Tollefson Development, Inc. has requested that the City of Shakopee convey to it the south 33 feet of the South /s of the Southwest Quarter of Section 8, Township 115, Range 22. The land dim qquestion was deeded to the Town of Eagle Creek in 1970 "for road purposes," by quit deed,Document No. 125165. You asked whether the City is obligated to require compensation for the property to be deedddto Tollefson The answer is no. Because the deed conveyed the land "for road purposes," eed effectively conveyed only a roadway easementrand is not needed for fuather ttitle in fee ture road purposes.y understanding s that he the land has never been used for road purposes deed from the City merely acknowledges that fact and has the same effect as a vacation proceeding. 1 do recommend, however, that the instrument and per pay all costs associated with the ayment of state deed tax and recording frconveyance, including preparation of the deed p Sincerely, 65" hi, i 2lAr- ''Corrine H. Thomson cc: Richard Hocking, attorney for Tollefson James Thomson, city attorney CAK-1o29U7 SH 155.23 CITY OF SHAKOPEE CONSENT Memorandum Add On- 15.A.11 TO: Mayor and City Council FROM: Mark McNeill,City Administrator SUBJECT: Resignation-Planner I DATE: May 18, 1999 INTRODUCTION: The Council is asked to accept the resignation of Tim Benetti from his position as Planner I for the City. BACKGROUND: Attached is a letter dated May 12th,from Planner I Tim Benetti. As shown,Tim has accepted a position as Planner II with the City of Mason City,Iowa. His last day with Shakopee would be May 26, 1999. He has been employed with Shakopee since August 11, 1997. Note that this would be contingent upon favorable action by the Mason City City Council,which meets tonight. If they do not accept the terms of his employment,Mr. Benetti would ask to withdraw his resignation. No further action is requested of the Council at this time;Mr.Leek and I have been discussing the staffing needs in the department,and will be making a proposal to the Council at a future meeting. ACTION REQUIRED: Accept with regret the resignation of Tim Benetti as Planner I, effective May 26, 1999, contingent upon affirmation of his job offer from the City of Mason City,Iowa. &LULL Mark McNeill City Administrator MM:tw Wit"' SHAKOPEE May 12, 1999 Mr. R. Michael Leek Community Development Director 129 Holmes Street South Shakopee, MN 55379 Dear Michael: Effective May 26, 1999, I hereby tender my resignation for the position of Planner I. I have verbally accepted a position with the city of Mason City, Iowa, starting May 28, 1999 as City Planner II. It has been a pleasure serving and working with you and the entire Community Development Staff, City Hall Staff, Planning Commission, City Council and the citizens of this community. I wish you all the best of luck and continued success with the department and future endeavors. Sincerely yours, czit,4424, Tim Benetti Planner I COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 h:\tim\resign.doc ls, , , l , CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Michael Hullander,Public Works Supervisor SUBJECT: Garbage Truck Purchase DATE: May 18, 1999 INTRODUCTION: In the 1999 - 2000 Capital Equipment List, the Public Works has identified replacement of its garbage truck. BACKGROUND: The Public Works Department has identified in the 1999 equipment acquisition requests and the need to replace the current 1984 Iveco chassis with a side load refuse body. Over the past several years the use of a garbage truck by the Parks Department has tripled, from once a week in the early 1980's to three times a week presently. This truck is also used in the Downtown area and for all special events as well. The barrel lift adapter was added in the 1980's due to injuries incurred from lifting heavy, over-filled barrels. The Public Works Department has requested and received proposals for the purchase of a new Garbage Truck from the following vendors: Cab & Chassis • Astleford Equipment Company, Inc. $24,990.00 • Lakeland Truck Center,Inc. $24,999.00 • North Star International Trucks,Inc. $24,961.68 Refuse Packer(Including Trade-int • MacQueen Equipment, Inc. $20,000.00 • ABM Equipment & Supply, Inc. $20,400.00 Cart Tipper with Barrel Lift Adapter • MacQueen Equipment, Inc. $ 4,750.00 • ABM Equipment & Supply, Inc. $ 5,270.00 Staff is recommending purchasing an Isuzu Cab and Chassis from Astleford Equipment Company, Inc. for the price of $24,990.00. The quote from Astleford is $28.32 higher than the low quote from North Star International Trucks, Inc.,but staff feels that the extra horsepower (175 hp compared to 145 hp) is needed to run the additional hydraulics of a refuse packer. The close proximity of Astleford Equipment Company, Inc. is also an added benefit for service related issues. Staff is also recommending purchasing the Refuse Packer and Barrel Lift from MacQueen Equipment, Inc. for the following prices: Refuse Packer - $20,000.00, Barrel Lift—$4,750.00. The total cost for the Garbage Truck is $52,978.43, including tax and trade-in for the complete unit. The Public Works Department did budget $55,000.00 for the purchase of this truck, to be expended from the Internal Service Capital Equipment Fund. ALTERNATIVES: 1. Authorize staff to purchase the Cab & Chassis from Astleford Equipment, Inc. for $24,990.00 and to purchasehe Refuse with trade-in. ker to al purchase price of$52,978.43,nd Barrel Lift from Queen Equipment, Inc. for $24,750.00 including tax,to be expended from the Internal Service Capital Equipment Fund. 2. Do not authorize purchase at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Move to authorize staff to purchase a Cab & Chassis from Astleford Equipment, Inc. for $24,990.00 and to purchase a Refuse Packer and Barrel Lift from MacQueen Equipment, Inc. for $24,750.00 with trade-in. The total purchase price of$52,978.43, including tax, to be expended from the Internal Service Capital Equipment Fund. Michael ullander Public Works Supervisor MH PURCHASE /S• CITY OF SHAKOPEE Memorandum CA 11t�.+L1�� TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Termination of Probationary Status Michael Dellwo DATE: May 18, 1999 BACKGROUND: Michael Dellwo started working for the City on November 30, 1998 at Step 2 of the 1998 Pay Plan as a Maintenance Worker in the Public Works Depaitnient. His six months probatonary period has been completed satisfactorily and it is recommended that his probationary status be terminated. ALTERNATIVES: 1. Move to terminate Michael Dellwo's probationary status. 2. Extend his probationary status another six months. 3. Terminate his employment with the City. RECOMMENDATION: Terminate Michael Dellwo's probationary status. ACTION REQUESTED: Move to terminate Michael Dellwo's probationary status. Bruce Loney Public Works Director BL/pmp DELLWO CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Termination of Probationary Status Michael Nelson DATE: May 18, 1999 BACKGROUND: Michael Nelson started working for the City on November 30, 1998 at Step 2 of the 1998 Pay Plan as a Maintenance Worker in the Public Works Department. His six months probatonary period has been completed satisfactorily and it is recommended that his probationary status be terminated. ALTERNATIVES: 1. Move to terminate Michael Nelson's probationary status. 2. Extend his probationary status another six months. 3. Terminate his employment with the City. RECOMMENDATION: Terminate Michael Nelson's probationary status. ACTION REOUESTED: Move to terminate Michael Nelson's probationary status. ruce Loney Public Works Director BL/pmp NELSON 1s;6 , ( CITY OF SHAKOPEE , Memorandum R nT TO: Mayor&City Council Mark McNeill, City Administrator FROM: Ray Ruuska,Project Coordinator SUBJECT: 1996 Reconstruction, Project No. 1996-2 DATE: May 18, 1999 INTRODUCTION: Council action is required for a resolution accepting work on the 1996 Reconstruction Project No. 1996-2. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$775,693.05 and the actual final costs of$851,285.42 for this project. ACTION REQUESTED: Offer Resolution No. 5137, A Resolution Accepting Work on the 1996 Reconstruction Project No. 1996-2, and move its adoption. Ray Ruuska Project Coordinator RR/pmp MEM5137 RESOLUTION NO. 5137 A Resolution Accepting Work On The 1996 Reconstruction Project No. 1996-2 WHEREAS, pursuant to a written contract signed with the City of Shakopee on June 17, 1996, Barbarossa & Sons, Inc. has satisfactorily completed the 1996 Reconstruction, Project No. 1996-2, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BYTHCIT COUsaid NCIL OF hereby CITY OF SHAKOPEE, MINNESOTA thatcompleted accepted and approved. 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 CERTIFICATE OF COMPLETION CONTRACT NO. : 1996-2 DATE: May 12 , 1999 PROJECT DESCRIPTION : 1996 Reconstruction CONTRACTOR: Barbarossa & Sons , Inc . P .O . Box 367 Osseo , MN 55369 ORIGINAL CONTRACT AMOUNT $ 775 , 693 . 05 QUANTITY CHANGE AMOUNT $ 72 , 337 . 22 CHANGE ORDER NO. 1 THRU NO. -- AMOUNT . $ 3 , 255 . 15 FINAL CONTRACT AMOUNT $ 851 , 285 .42 LESS PREVIOUS PAYMENTS $ 851 , 285 . 42 FINAL PAYMENT $ -0- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my beliefand knowledge, I find that the same has been fully completed in e respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. Professional E ' neer /sl3.Ythi CITY OF SHAKOPEE Memorandum + v- T TO: Mayor&City Council Mark McNeill, City Administrator FROM: Tom Voll,Engineering Tech. II SUBJECT: Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue,Project No. 1997-1 DATE: May 18, 1999 INTRODUCTION: Council action is required for a resolution accepting work on Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue,Project No. 1997-1. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$695,570.32 and the actual final costs of$682,176.94 for this project. ACTION REQUESTED: Offer Resolution No. 5138, A Resolution Accepting Work on Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge Forst Addition; and Polk Street, from Vierling Drive to 13th Avenue,Project No. 1997-1 and move its adoption. Tom Voll Engineering Tech. II TV/pmp MEM5138 RESOLUTION NO. 5138 A Resolution Accepting Work On Vierling Drive, From Taylor Street To Presidential Lane; Taylor Street, From Vierling Drive To The North Plat Line of Arlington Ridge First Addition; And Polk Street, From Vierling Drive To 13th Avenue Project No. 1997-1 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 21, 1997, Barbarossa & Sons, Inc. has satisfactorily completed Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue, Project No. 1997-1, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. 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 CERTIFICATE OF COMPLETION CONTRACT NO, : 1997- 1 DATE: May 12 , 1999 PROJECT DESCRIPTION : Vierling Drive , Presidential to T .H . 169 CONTRACTOR: Barbarossa & Sons , Inc . P .O . Box 367 Osseo , MN 55369 ORIGINAL CONTRACT AMOUNT $ 695 , 570 . 32 QUANTITY CHANGE AMOUNT $ ( 16 , 210 . 38) CHANGE ORDER NO. 1 THRU NO . -- AMOUNT . . , $ 2 ,817 . 00 FINAL CONTRACT AMOUNT $ 682 , 176 . 94 LESS PREVIOUS PAYMENTS $ 682 , 176 . 94 FINAL PAYMENT $ -0- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my beliefand knowledge, I find that the same has been fully completedin edinications respects according to the contract, together with any above specified approved by City Council . I, therefore, recommend final payment be made to the above named Contractor. 3/40 Professional E neer CITY OF SHAKOPEE Memorandum C 4\13 FAT TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Maras Street Revised Assessment DATE: May 18, 1999 INTRODUCTION: Associated with the Maras Street Improvement Project No. 1996-4, there was an assessment appeal from Eugen T. Hansen on this project. The City Attorney has negotiated a settlement with Mr. Hansen on a parcel adjacent to Stage Coach Road and Hansen Avenue. Attached is Resolution No. 5149, a resolution which adopts the revised assessment for this parcel on the Maras Street Improvement Project. BACKGROUND: The proposed settlement for the Hansen parcel is to reduce the original assessment amount of$66,516.78 by$30,000.00 to a revised assessment amount of$36,516.78. Attached to Resolution No. 5149 is the revised assessment for Council review and approval. Approving the revised assessment is necessary to complete the settlement. ALTERNATIVES: 1. Adopt Resolution No. 5149. 2. Deny Resolution No. 5149. 3. Table Resolution No. 5149. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5149, A Resolution Adopting the Revised Assessment for Maras Street, from 13th Avenue to Stage Coach Road (formerly known as County Road 18), Project No. 1996-4 and move its adoption. t?ceoney Public Works irector BL/pmp MEM5149 RESOLUTION NO. 5149 A Resolution Adopting A Revised Assessment For Maras Street, From 13th Avenue To Stage Coach Road (Formerly Known As County Road 18) Project No. 1996-4 WHEREAS, by Resolution No. 4879, the City Council of the City of Shakopee adopted assessments for the following project and passed upon all objections to the proposed assessments of: Maras Street, from 13th Avenue to Stage Coach Road, formerly known as County Road 18 by paving, grading, curb & gutter, storm sewer,ponding and any appurtenant work. WHEREAS, it has been determined that the assessment for P.I.D. No. 27-912022-0 be revised. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the revised assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein, thereby replacing assessments adopted by Resolution No. 4879, for those properties listed on the supplemental assessment roll and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 6.00 percent per annum from April 7, 1998, the date of the adoption of Resolution No. 4879. To the first installment shall be added the interest on the entire assessment from April 7, 1998, the date of the adoption of Resolution No. 4879 until December 31, 1998 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk Ni -o 0 v Ni z Ni C N E 0 co m x -a - 0) o c O x. 0 m U)-1 a 2 sv C7D D Z > = z OD nc � CD X n > m � m I < X X 0 X m o rr -0cn m O D m p - - n < ` pm � v an � 5o n ^ r cnm � � v -1 0 -Ti m 0 o Ni Ni Z xi Cl) ? r m -1 vi • O E O 1n o p rn E 0) o -- 0 N r c cp r -1 - C) m co -< _ co -a � < CO j -1r Omr Q° moO * Z r Nc z z m cn `) cn mN Ni n 741. co cn cnrn 40 wV c0) E C) rn Z 03 03 —1 IS, 8. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Feasibility Report for 1999 Street Overlay Project and Alley Reconstruction DATE: May 18, 1999 INTRODUCTION: Attached is Resolution No. 5153, which orders the preparation of a feasibility report on the above referenced project. BACKGROUND: In the 1999 Annual Budget, under Street Division Pavement Preservation, a total of $40,000.00 was budgeted for patching and overlays. The Engineering and Public Works Department has reviewed the City streets in need of bituminous overlay and is recommending 11th Avenue, from County State Aid Highway (CSAH) 17 to Merrifield Street/Court, including the intersection. The cost of this bituminous overlay on 11th Avenue is estimated to be $37,000.00, including engineering and administration. The City's policy is to assess 25% of bituminous overlay and in this case the estimated assessment is $4,625.00. The residential lots on the north side of 11th Avenue were fully assessed on their north/south streets in the 1997 Overlay Project. The assessments for this project are for the Junior High School site. The estimated cost to the City is $32,375.00. At the April 20, 1999 City Council meeting, a resident of Levee Drive Apartments inquired on repairing the alley adjacent to the apartments, which is in Block 6 of the Central Business District. Staff has reviewed the condition of the bituminous surface and a reconstruction of the pavement is recommended. City policy for reconstructing existing paved alleys is usually 100%, except for the Central Business District (CBD). For CBD alleys, the Council will determine the amount to be assessed at the public hearing. For the Downtown Alley Reconstruction Project, the assessed amount was 25%. This particular alley does experience more traffic than a residential alley and the existing residential properties on the south side will probably redevelop into commercial properties. Staff will seek Council direction on the assessed amount at this meeting and the prepare a waiver of assessment appeal for the properties adjacent to the alley. The estimated cost to reconstruct this alley is $9,000.00. If 25% of the cost is assessed, the City's cost would be $6,750.00. The total cost to the City for both projects is estimated at this time to be $39,125.00. As previously mentioned, the Pavement Preservation Fund has $40,000.00 budgeted for patching and overlays. ALTERNATIVES: 1. Offer Resolution No. 5153, a resolution which orders the preparation of a feasibility report for the 1999 Street Overlay Program and Block 6 Reconstruction, and move its adoption. 2. Deny Resolution No. 5153. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to prepare a feasibility report for the 1999 Street Overlay Program and Block 6 Alley Reconstruction. Funding of this project will be from assessments and general tax levy. ACTION REQUESTED: Offer Resolution No. 5153, A Resolution Ordering the Preparation of a Report on the 1999 Street Overlay Program and Block 6 Alley Reconstruction, and move its adoption 1ruce Loney Public Works Director BL/pmp MEM5153 0. 000000000o O O O p O O O 0, �fi M J O O O O Q N N O� r•.--+ g O 1- N i N g N M 0 I-- ILI 0 O O tnoO O R d , , N O N d N N H Z m Cl) HvjWW ,_j Z M O O d ' N tn O ›" N Q J W W 0 W I- > I- < I Q I- M a ' O p E-i '+; o f cip H o v) U n O C7 C7 O U U 0 a N a 0 Z d IHi8 -O a. � 0 › 0 2 o V0bZO WIia � � W 0 0 ~ , > 0 Zen W Wct ' _ 7:J .' N rXI- F" Nadda N2 .-+ NM "I' tr) Z H 2 O 0 co O W i Z p_ i A i___ I____ i ---i _ Dr-Y 1--- t 1 n/u -, 11Ielei ] W �/ IF- , U 0 O - ,7' 0 e1 -I_.. I : —I AINN HA ii -I -1IA 1S c . 0 L 0 0 J (4 o 11 H___ p o 1 � I M S 0 p p (11 in -4 ,q Y _ __Co� � 0 0 co �—I Q p U _ o ,, (4 Z in 0 -i— o w w •0 QJ L AHSAVe] 11 a 1 ' 1S A3 -IaIS I , I n/ i_____I 1-----\ cl__ n' c ) o .4 M II ' 1 S \ In_' - _1 Ilir\ii ti 4 "IA . * L'AlA 1 W7jLio-I .e1CPI 2 ; I } 1‘° 07 ti.1-lit. a LZ \I".1- '5 ill J (� Z ikli I. IS el10 a,- E_ WO w• so W J Z WS 10 EMit O O N los0 �• #0 Sil wC�J Z 01111000 2 Oil J a — Oa • ave 11 .��� ST v ,joi co x 2, : 1, Y dos _ U S .4. ; - O ,_J 'ND Siv O] �i RESOLUTION NO. 5153 A Resolution Ordering The Preparation Of A Report On An Improvement To 11th Avenue, From County State Aid Highway 17 To Merrifield Street And Block 6 Alley Reconstruction WHEREAS, it is proposed to improve 11th Avenue, from County State Aid Highway 17 to Merrifield Street by bituminous overlay and to improve Block 6 Alley by reconstruction of existing bituminous pavement and any appurtenant work and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the City 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 a proposed or in connection with some other improvement, and the estimated cost of the improvements 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 ics , 2. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Receiving a Report and Calling for a Public Hearing for Vierling Drive, from CSAH 17 to Miller Street DATE: May 18, 1999 INTRODUCTION: Attached is Resolution No. 5151, a resolution receiving a report and calling a hearing on improvements to Vierling Drive, from County State Aid Highway (CSAH) 17 - Marschall Road to Miller Street and Marschall Road for a right turn lane to Vierling Drive. BACKGROUND: On May 4, 1999, Resolution No. 5121 was adopted and ordered the preparation of a feasibility report for Vierling Drive improvements from CSAH 17 to Miller Street. The improvement for Vierling Drive was initiated by the City Council based upon the plat of Vierling Plaza and proposed K-Mart development. Vierling Drive is a designated major arterial on the City's Comprehensive Plan and Transportation Plan and is currently improved to a four lane undivided urban roadway. The feasibility report has been completed and is attached for Council acceptance and to set a date for a public hearing. The attached resolution sets a date for the public hearing for this project for June 15, 1999. The approval of Resolution No. 5151 does not order the project nor does it commit the Council to constructing any improvements. The intent of this resolution is to accept the feasibility report and set the public hearing date. The public hearing will allow the property owners adjacent to the project area and the general public an opportunity to address the City Council on this project. Staff will make a brief presentation at the May 18, 1999 Council meeting to provide an overview of the project and the feasibility report. Staff will make a full presentation at the June 15, 1999 Council meeting on the feasibility report for the public and the Council at the public hearing. The widening of Vierling Drive including turn lanes, concrete median and bituminous trail/concrete sidewalk construction is for traffic control purposes for the commercial traffic adjacent to and nearby Vierling Drive. The City is participating in the cost of the bituminous overlay and lowering of a gas main for the right turn lane on Vierling Drive to the first site entrance of Vierling Plaza. The traffic control signal at Vierling Drive and Marschall Road was installed in 1998 and Vierling Drive widening improvements east of CSAH 17 were deferred until there was more commercial development. The assessments for the widening of the roadway for turn lanes and concrete median are to be assessed 100% to the benefitting properties in commercial zoned areas as per the City's Assessment Policy. ALTERNATIVES: 1. Adopt Resolution No. 5151, this action will receive the feasibility report and set the date for the public hearing for June 15, 1999. 2. Deny Resolution No. 5151. This action will halt the project until such time as City Council reconsiders the resolution. 3. Table Resolution No. 5151, to allow time for staff to prepare additional information as directed by the City Council. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 5151, as this would allow a public hearing and public input to take place on the proposed improvements, to decide whether or not this project should move forward to the 1999 construction season. ACTION REQUESTED: Offer Resolution No. 5151, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Vierling Drive, from County State Aid Highway 17 (Marschall Road) to Miller Street, Project No. 1999-5 and move its adoption. l[2 ardip( Bruce Loney Public Works Director BL/pmp MEM5151 RESOLUTION NO. 5151 A Resolution Receiving A Report And Calling A Hearing On An Improvement To Vierling Drive, From County State Aid Highway 17 (Marschall Road) To Miller Street Project No. 1999-5 WHEREAS,pursuant to Resolution No. 5121 of the City Council adopted May 4, 1999, a report has been prepared by the City Engineer, with reference to the improvement of Vierling Drive, from County State Aid Highway 17 (Marschall Road) to Miller Street by street widening, bituminous paving, concrete medians, concrete curb & gutter, storm sewer, street lighting, sidewalk,bituminous trail and any appurtenant work and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429; and this report was received by the Council on May 18, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of Vierling Drive, from CSAH 17 (Marschall Road) to Miller Street by street widening, bituminous paving, concrete medians, concrete curb & gutter, storm sewer, street lighting, sidewalk, bituminous trail and any appurtenant work, in accordance with the report and the assessment of abutting and benefited property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$237,912.00. 2. A public hearing shall be held on such proposed improvements on the 15th day of June, 1999, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1999-5 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 is: 8, °l. CITY OF SHAKOPEE Memorandum CON SENT?- p I' I TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Recycling Program Agreement with Scott County for Spring Cleanup Day DATE: May 18, 1999 INTRODUCTION: For the past thirteen years, the City of Shakopee has sponsored a Spring Community Cleanup Program. Since 1990, funds for operating the program have been received from Scott County in the form of a Local Recycling Grant. Attached to this memo is a Recycling Program Agreement between the City and Scott County for obtaining grant funding for the 1999 spring cleanup day which occurred on April 24, 1999. BACKGROUND: The City has received funds from Scott County to offset costs associated with the waste abatement activities pursued by the City. Attached is the Recycling Program Agreement, in which Scott County will provide funds to the City of Shakopee for the recycling program as outlined in this agreement. This agreement has been the standard agreement that the City and County have executed in previous years. This year the City of Shakopee is requesting $6,900.00 in funding assistance from Scott County for our City Recycling and Cleanup Program. The recyclable materials accepted this year included tires, appliances, yard waste, brush and car batteries. The Cleanup Day Program has been very successful, and with the grant funds from Scott County, the program should break even consistent with past years. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Recycling Program Agreement with Scott County for the spring recycling material collection day in 1999. 2. Do not enter into the Recycling Program Agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the Recycling Program Agreement with Scott County. Al/u4t-d61'6( Bruce Loney Public Works Director BL/pmp RECYCLE RECYCLING PROGRAM AGREEMENT THIS AGREEMENT made and entered into between the COUNTY OF SCOTT,State of Minnesota, hereinafter referred to as COUNTY by and through the Scott County Board of Commissioners, and THE CITY OF SHAKOPEE, Scott County Minnesota, hereinafter referred to as CITY, by and through the City Council. WITNESSETH: WHEREAS, Minn. Stat. Sect. 473.8441, establishes the Local Recycling Development Program providing grants to counties to be distributed by the Office of Environmental Assistance; and WHEREAS, Minn. Stat. Sect. 115A.557, establishes the COUNTY Waste Reduction and Recycling Funding program to be distributed by the Office of Environmental Assistance; and WHEREAS, Scott County has received funding from the Office of Environmental Assistance identified as Local Recycling Grant; and WHEREAS, These funds are to be used for the activities specified in the Office of Environmental Assistance Grant Agreement and approved by the Scott County Board on November 25, 1997; and NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE This Agreement shall establish a mechanism for distribution of funds obtained from the Minnesota Office of Environmental Assistance in accordance with respective agreements related thereto for implementation and/or enhancement of recycling programs in Cities and Townships within Scott County consistent with the COUNTY Solid Waste Master Plan. 2. SCOPE OF SERVICES The CITY is obligated and agrees to the following: a. Recyclable materials will be collected by a hauler licensed by Scott County; b. Recyclables will be delivered to a licensed recycling facility; c. Organic materials (yard and tree waste) will be processed into compost at a licensed/permitted yard waste compost facility or a permitted land application site; d. Upon completion of the event, a report will be submitted to the COUNTY identifying the quantities of materials recycled, the facility to which they were delivered and processed at; including actual expenditures and revenues. In the event that another jurisdiction (city or township) participates with the CITY's event, the COUNTY will transfer the participating jurisdiction's allocated share in the program funding to the CITY upon receipt of a resolution from the participating jurisdiction indicating involvement. The CITY shall advertise the neighboring jurisdiction's participation and allow their residents to participate in the collection. In the event that a neighboring jurisdiction participates with the CITY's event, the CITY shall provide the Authorized Agent of Scott County a copy of any and all such advertisements. 3. EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective upon execution by all parties to the Agreement. 4. TERM OF AGREEMENT This Agreement shall remain in effect until December 31, 1999, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, unless earlier terminated as provided in Section 20 herein. 5. GRANT PAYMENT The COUNTY shall pay to the CITY a percentage of the grant money available through the COUNTY for this program, determined by each Scott County municipality and township population; to be used for the development and/or enhancement of recycling programs. 2 6. AVAILABILITY OF FUNDS Notwithstanding any provision of this Agreement to the contrary, the maximum amount of grant payment available to the CITY under this agreement is $6,900.00. Any funding availability for future years or for other recycling projects shall be at the complete discretion of the COUNTY. 7. UNEXPENDED FUNDS Any grant payments provided to the CITY under this Agreement shall be returned to the COUNTY in the event the grant payment is not used according to the requirements of this Agreement or has not been used within twelve (12) months of receipt by the CITY, whichever occurs first. 8. AUTHORIZED AGENT OF SCOTT COUNTY Scott County shall appoint an authorized agent for the purpose of administration of this Agreement. The CITY is notified of the authorized agent of Scott County as follows: Michael E. Erickson Environmental Health Department 200 Fourth Avenue West Shakopee, MN 55379-1393 9. RECORDS -AVAILABILITY AND RETENTION Complete and accurate records of the activities performed pursuant to this Agreement shall be kept by the CITY for a minimum of three (3) years following termination of this Agreement. The retention period shall be automatically extended during the course of any administrative or judicial action involving the COUNTY of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the COUNTY notifies the CITY in writing that the records need no longer be kept. Pursuant to Minn. Stat. Section 168.06, Subd. 4, the books, records, documents, and accounting procedures and practices of the CITY relative to this Agreement shall be subject to examination by the COUNTY and the State Auditor. 3 10. INDEMNIFICATION The CITY shall save and protect, hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, agents, employees and volunteer workers against any and all liability, causes of action, claims, loss, damages or cost and expense arising from, allegedly arising from, or resulting directly or indirectly from any errors and omissions and/or negligent acts and omissions of the CITY in the performance of this Agreement. 11. SUBCONTRACTS The CITY shall not subcontract any portion of the work to be performed under this Agreement nor assign this Agreement without the prior written approval of the authorized agent of the COUNTY. The CITY shall ensure and require that any subcontractor agrees to and complies with all of the terms of this Agreement. Any subcontractor of the CITY used to perform any portion of this Agreement shall report to and bill the CITY directly. The CITY shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 12. COMPLIANCE WITH REQUIREMENTS OF THE LAW In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In entering into this Agreement, the CITY, its agents, employees and any subcontractors of the CITY in carrying out the terms and conditions of this Agreement, agree to abide by the provisions of the Minnesota Governmental Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant thereto. 13. SUCCESSORS AND ASSIGNS The COUNTY and the CITY, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the CITY shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the other. 14. ACCESS TO PREMISES The CITY shall arrange access, as necessary, to work sites for the COUNTY for the purpose of verification of any requirements as described in this Agreement. 4 15. INDEPENDENT CONTRACTOR It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partner, joint venturers, or an association with the COUNTY and the CITY. The CITY is an independent contractor and neither it, its employees, agents, subcontractors nor representatives shall be considered employees, agents or representatives of the COUNTY. Except as otherwise provided herein, the CITY shall maintain, in all respects, its present control over the means and personnel by which this Agreement is performed. From any amounts granted to the CITY, there shall be no deduction for federal income tax or FICA payments nor for any state income tax, nor for any other purposes which are associated with an employer/employee relationship. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of the CITY. 16. NOTICES Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the CITY at its address stated herein, and to the authorized agent of the COUNTY at the address stated herein. 17. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. 18. AMENDMENTS The Parties agree that no amendments, alterations, variations, or modifications to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing and duly signed by the parties. The execution of the change shall be authorized and signed in the same manner as for this Agreement. 19. ENTIRE AGREEMENT It is understood and agreed that this Agreement constitutes the entire Agreement of the parties and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the COUNTY and the CITY relating to the subject matter hereof. 5 20. TERMINATION This Agreement shall terminate under the following circumstances: a. By mutual written Agreement of the parties; b. By either party, with or without cause, giving not less than thirty (30) days written notice, delivered by mail or in person to the other party, specifying the date of termination; c. This Agreement shall automatically terminate without notice on December 31, 1999. 21. PROPERTY DISTRIBUTION Assets acquired in whole or in part with grant payments provided under this Agreement shall be the property of the CITY so long as said assets are used by the CITY for the purpose stated in this Agreement. In the event the CITY discontinues use of the assets for said purpose, any remaining assets shall, at the COUNTY's discretion, either be returned to the COUNTY or sold, and the net proceeds of such sale returned to the COUNTY. 22. SEPARABILITY In the event any provision of this contract shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the contract to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 23. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the work under this Agreement, the CITY agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this Agreement, the CITY certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and American's with Disabilities Act, attached hereto and incorporated herein as Exhibit A through both oral and written communications, that it supports this policy and that it will conduct its own employment practices in accordance therewith. Failure on the part of the CITY to conduct its own employment practices in accordance with COUNTY Policy may result in the withholding of all or part of regular payments by the COUNTY due under this Agreement unless or until the CITY complies with the COUNTY Policy, and/or suspension or termination of this Agreement. 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF SHAKOPEE COUNTY OF SCOTT By: liLiS 441 By: tv Title: LlC,{ A-0cu ;�; 5 RATD2 B ey J. Larso A Associate Admini -t• SCOTT COUNTY Public Works& ands Division Date: - Date: 1 iq By: "PyLLAkt- J Brekke , Mayor ATTEST: ATTEST: By: By: / j• (14 Title: Allen J. Frechette, Environmental Health Manager SCOTT COUNTY Public Works&Lands Division Date: Date: /9 '9/4 APPROVED AS TO FORM By: Thomas J. Harbinson, County Attorney Date: N:\WORD\S W\1 DAYCLUP\1999\99AGREE.DOC 7 EXHIBIT A II. POLICY STATEMENT It is the policy of Scott County Government to provide Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, including Minnesota Statutes Chapter 363. Scott County will not engage in any employment practices which discriminate against or • harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training,.including apprenticeship. Further, Scott County fully supports incorporation of nondiscrimination rules and regulations into contracts and will commit the necessary time and resources to achieve the goals of Equal Employment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity Policies and Procedures set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal Employment Opportunity laws, directives and regulations of the Federal, State and local governing bodies or agencies thereof, including Minnesota Statutes Chapter 363, will be subject to appropriate contractual sanctions. Scott County has designated the Personnel Director as the manager of the Equal Opportunity Program. These responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program, as required by Federal, State and Local agencies. The Scott County Administrator will receive and review reports on the progress of the program. If any employee or applicant for employment believes he/she has been discriminated against, please contact the Scott County Personnel Director, Scott County Personnel Department, Room 104, Scott -County Government Center, 200 West 4th Avenue, Shakopee, Minnesota 55379, or Ball •-. (612) 496-8103. 1-9-if aztitud) at(40itte6 GWIY avid . Unmacht Date Barbara K.Marschall Date Scott County Administrator Chair,Board of Commissioners /5: 13./00 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Ordering Feasibility for CSAH 17, 17th Avenue and Sarazin Street for Shakopee Valley Marketplace DATE: May 18, 1999 INTRODUCTION: Staff has received a request from Oppidan, the developer of Shakopee Valley Marketplace, for a feasibility report preparation on County State Aid Highway (CSAH) 17, from Trunk Highway (T.H.) 169 to St. Francis Avenue; 17th Avenue, from CSAH 17 to Sarazin Street; and Sarazin Street, from 17th Avenue to the north plat line of Brittany Village. The purpose of this agenda item is for Council to decide whether to order the feasibility report at this time. Attached is Resolution No. 5152, for Council consideration and to order the preparation of a feasibility report. BACKGROUND: A traffic study was recently completed by WSB & Associates, Inc., as directed by City Council to analyze the traffic impacts by commercial developments along CSAH 17, from 17th Avenue to Vierling Drive. This study was reviewed and accepted by the City Council on May 4, 1999. From this study, improvement recommendations on CSAH 17, 17th Avenue and Sarazin Street to facilitate commercial development traffic were determined. A meeting was held at Scott County Highway Department with City staff and the developer of Shakopee Valley Marketplace to discuss improving CSAH 17 and cost participation of developers, City and County. From that meeting, it was decided that a feasibility report, with detailed costs, is needed in order to better discuss cost participation of all parties involved. Attached to this memorandum is a letter from Paul Tucci of Oppidan requesting the feasibility report, and also stating that Oppidan will be responsible for the cost of the study, if the project does not move forward. Staff would suggest that Oppidan provide a financial security in the amount of$12,500.00. Also, attached is an extension agreement from WSB & Associates, Inc. in the amount of $12,500.00 to prepare a feasibility report for CSAH 17, 17th Avenue and Sarazin Street improvements. Design surveying has been included so that detailed costs can be generated and alignment of CSAH 17 can be determined. With these proposed projects, one project segment is on a County Road, and two project segments on a City street, although Scott County has expressed an interest in making 17th Avenue a County Road. The County has told City staff that the roadway improvements on CSAR 17 must be designed and constructed by the City as their staff is not available. CSAH 17 and 17th Avenue in the proposed project area are existing paved roadways. Sarazin Street north of 17th Avenue would be a new roadway. Petitions have been received or will be received for the improvement of Sarazin Street, from Longmeadow Addition and Brittany Village on the east side of Sarazin Street. Both developers have also expressed an interest in improving Sarazin Street at this time. CSAH 17 and 17th Avenue would be classified as transportation improvements, in which City Assessment Policy would be 100% assessed to the benefiting properties in commercial, industrial and institutional zoned areas. This policy was adopted prior to the Vierling Drive widening for the Crossroad Center and Boulder Ridge commercial developments. In Vierling Drive widening, the City and County did pay for the traffic control signal and the City paid for 50% of a bituminous overlay. With the project on CSAH 17, the policy questions that exist are as follows: • To what level should the City participate in the improvements? • To what level should the County participate in the improvements? • Should St. Francis Regional Medical Center be included in the assessment area for the transportation improvements? The report will provide better cost estimates on the improvement projects. During the time of preparation of the report, City staff, County staff and developers will be meeting to discuss the costs and levels of participation. It is anticipated that Oppidan will prepare a funding proposal after meeting with all commercial properties, City and County staff. This proposal would be brought back to the Council for consideration at a future meeting. ALTERNATIVES: 1. Move to approve Resolution No. 5152, a resolution ordering the preparation of a feasibility report for CSAH 17, from T.H. 169 to St. Francis Avenue; 17th Avenue, from CSAH 17 to Sarazin Street; and Sarazin Street, from 17th Avenue to north plat line of Brittany Village. 2. Do not approve Resolution No. 5152. 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 CSAH 17, 17th Avenue and Sarazin Street. 4. Table for additional information. 5. Provide staff direction on City participation on CSAH 17. RECOMMENDATION: Staff recommends Alternative No. 1, since the ordering of a feasibility report is necessary to begin this public improvement project process and to provide better costs for all parties involved in these projects. ACTION REQUESTED: 1. Offer Resolution No. 5152, A Resolution Ordering the Preparation of a Feasibility Report for County State Aid Highway 17, from Trunk Highway 169 to St. Francis Avenue; 17th Avenue, from County State Aid Highway 17 to Sarazin Street; and Sarazin Street, from 17th Avenue the North plat Line of Brittany Village and move its adoption. 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 County State Aid Highway 17, from Trunk Highway 169 to St. Francis Avenue; 17th Avenue, from County State Aid Highway 17 to Sarazin Street; and Sarazin Street, from 17th Avenue the North plat Line of Brittany Village. 3. Provide staff direction on City cost participation on County State Aid Highway 17. Bruce Loney Public Works Director BL/pmp MEM5152 • • OPPID /1. N Builder of towns.Creator o/vaIvo 5125 COUNTY ROAD 101 1 #100 • MINNETONKA,MN 55345 PHONE: 612/294.0353 • Fax:612/294.0151 • Wsg:www.oppldan.com May 12, 1999 Mr.Bruce Loney Public Works Director/City Engineer.. . .City of Shakopee • - • 129 Holmes Street South Shakopee,MN 55379 . •. VIA FACSIMILE(445-6718)AND U.S.MAIL . RE: Feasibility Study = '1 ' Shakopee Valley Marketplace ' Marshcall Road& 17th Avenue Shakopee,MN • Dear Bruce: • As a follow-up to our meeting on Monday,this letter shall serve as a formal request that the City of Shakopee proceedwith a feasibility study for the proposed improvements on County Road 17, 17th Avenue and Sarazin Road. , • • Per our discussions,the cost of this project shall be$12,500. Should the project not move forward,Oppidan will be responsible for up to$12,500 for this study. . • If you have any other questions,please contact me at 294-1243. Sincerely, • . Paul J.T i . CC: Joe Ryan • Z06 BZ0'ON 8ZL9 SVP Zti9 F NUGIddO Sti:60 66/VZ/S0 cd d W '''1, ci„ w 14 4 .1 A § a $ a N O `v . c CI tF-1 0 FICI r-- .::;.). ,...„r, . .:,, ..o cn ;_i ,-4 c) Ac_‘) 11 VD bo va a 1 FA L] I I I'' I II11111111 11111111111111111111 t IN_. —11 21.1 _ lo fHHO111. '. t " HfHIIIHiIIIII!ICHIIIO r I1 -C3 pi{{u{µ11-11-fH+Iffl41.1f0 0!4111111A c 611401.1111-11410+04100 I o z O41-1-1Hfff04FH1191111140 0flf I1fi}0 H a 0fff 11-1fif+Hi111111H11111111101�u I 01111111111111111111111111111110 ONfHfHffl+fffffffIfffflff0 °) '- 03}tffffffHf}}ffffffHff C f iTffrrtreo`I " O1fffHifffHf}Hf{}}fff}HO • 0111111111111111111111111;111= p1-11#{4d h Lt_ �II IIIIIIIIIIII(j0 i _ I 1 q---ii 7 u p O>J Tregos.Tey� _ / I � 1 t iJ a � a I L.- � I I 1 I N I. ii ("." , �u G iir.,--_„,.,,,,,,;\c I' t '' A,y uo16tl61\6oa 6I 66 8dV t>ISSI 66 6dI 66 - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. I,',$ 9P 8441 Wayzata Boulevard Peter R.Willenbring,P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 May 12, 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 CSAH 17 (Marschall Road) / 17th Avenue/Sarazin Street WSB Project No. 1175.00 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 $4,000 Feasibility report (cost-reimbursable; not to exceed) $8,500 Total $12,500 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 18, 1999. We would propose to complete the project according to a tentative schedule noted as follows: Order Feasibility Report May 18, 1999 Accept Feasibility Report and Order Public Hearing June 15, 1999 Informational Meeting July 6, 1999 Public Hearing, Project Approval and Order Plans July 20, 1999 Infrastructure Engineers Planners F: WPW1N 1175.00'051299-b1.wpd EQUAL OPPORTUNITY EMPLOYER Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee May 12, 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. Donald W. Sterna, P.E. City Administrator Vice President City Clerk c: Bret Weiss, WSB & Associates Mayor Date nm F:'.WPW/NI1175.00051299-b1.wpd Exhibit A Vierling Drive - CSAH 17 (Marschall Road)/ 17th Avenue/Sarazin 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 P."WPWIN 1171.00‘'exh-a.wpd RESOLUTION NO. 5152 A Resolution Ordering The Preparation Of A Report For County State Aid Highway 17 (Marschall Road), From Trunk Highway 169 To St. Francis Avenue; 17th Avenue, From County State Aid Highway 17 To Sarazin Street; And Sarazin Street, From 17th Avenue To The North Plat Line Of Brittany Village WHEREAS, it is proposed to improve County State Aid Highway (CSAH) 17, from Trunk Highway (T.H.) 169 to St. Francis Avenue; 17th Avenue, from CSAH 17 to Sarazin Street; and Sarazin Street, from 17th Avenue to the north plat line of Brittany Village by sanitary sewer, watermain, storm sewer, street widening, turn lanes, concrete median, concrete curb & gutter, concrete sidewalk, bituminous trail, street lighting and any appurtenant work and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the City 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 a proposed or in connection with some other improvement, and the estimated cost of the improvements 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 16.. 131h 1l, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Southbridge Cove Wetland Replacement DATE: May 18, 1999 INTRODUCTION: Arcon Development, Inc. has submitted a Wetland Replacement Plan application. Staff has reviewed the application, has requested an evaluation by the Technical Evaluation Panel (TEP), and has provided public notice as required by law. The replacement plan must be acted on by the City Council in their roll as the Local Government Unit (LGU) for the Wetlands Conservation Act (WCA) of 1991, as amended. Attached for Council consideration is Resolution No. 5144, a resolution approving a Wetland Replacement Plan for Arcon Development, Inc. for the Southbridge Cove Subdivision. BACKGROUND: The Wetland Replacement Plan, as proposed by Arcon Development, Inc., would fill in approximately 0.46 acre of wetland. These impacted wetlands are proposed to be replaced by constructing 1.40 acres of wetland replacement, and approximately 3.0 acres of public value credits (wetland buffer areas). The City has requested a review of the plan by the TEP which consists of a City staff member, a representative from the Soil and Water Conservation District (SWCD), and representative from the State Board of Soil and Water Resources (BWSR). This TEP is established by the WCA, with the purpose of providing a professional, technical review of wetland issues to the City Council. The Wetland Replacement Plan is being proposed to accommodate the development of Southbridge Cove. ALTERNATIVES: 1. Adopt Resolution No. 5144. 2. Deny Resolution No. 5144. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5144, A Resolution Approving a Wetland Replacement Plan for Southbridge Cove Addition and move its adoption. Joel Rutherford Assistant City Engineer JAR/pmp MEM5144 RESOLUTION NO. 5144 A Resolution Approving A Wetland Replacement Plan For Southbridge Cove Addition WHEREAS, the City has received a Wetland Replacement Plan from Arcon Development, Inc. for Southbridge Cove; and WHEREAS, the applicant has demonstrated that the proposed Wetland Replacement Plan, compiles with Minn. Rules Parts 8420.0540 and 8420.0550; and WHEREAS, all interested parties on file in the office of the City Engineer or identified in Minn. Rule 8420.0230 have been mailed notice of the proposed Wetland Replacement Plan; and WHEREAS, the TEP reviewed the proposed Replacement Plan, and considered the public values, location, size and type of wetland being altered and recommended approval of the Wetland Replacement Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Based on the replacement standards in Minn. Rules Parts 8420.0630, and on the recommendation of the Technical Evaluation Panel, the Wetland Replacement Plan is hereby approved. 2. Approval of this Wetland Replacement Plan shall become effective upon its adoption. 3. A copy of this decision shall be mailed to all interested parties and to the applicant. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk ciB., 1 I _ � - / / '� .%: - 3.50 ACRES ! f/0 C3 '�,� /'�'�/i :./.-.:77.......::::: 0` RES r I �-, Ir 3 1 ill //////4./...::: :-;#::::•ii::::.i.: :::.:::-:''':: 44 ------ ' c' ))! 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FIGURE NO. _`i 5 / . c . l, RESOLUTION NO. 5147 CL5 ENr A RESOLUTION OF APPRECIATION TO JOE HONERMANN WHEREAS,the residents of the City of Shakopee have had the fortune of having the services of volunteer firemen available for many years; and WHEREAS,those individuals who are members of the City's Volunteer Fire Department give many hours of their time for training,practice,and responding to fires within the City and sometimes outside of the City; and WHEREAS,Joe Honermann was a member of the Shakopee Fire Department for 22 years; and WHEREAS,Joe diligently and unselfishly served the residents of the City of Shakopee while a member of the Shakopee Fire Department; and WHEREAS, Joe faithfully responded to numerous fire and emergency calls regardless of the untimeliness of said calls and personal and family disruptiveness;and WHEREAS,Joe displayed on many occasions personal disregard for his own safety in order to protect the health, safety and welfare of Shakopee residents. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Shakopee hereby extends its token of thanks and appreciation to Mr. Joe Honermann for his many years of service on the Shakopee Volunteer Fire Department. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 18th day of May, 1999. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5148 A RESOLUTION OF APPRECIATION TO MICHAEL RYAN WHEREAS,the residents of the City of Shakopee have had the fortune of having the services of volunteer firemen available for many years;and WHEREAS,those individuals who are members of the City's Volunteer Fire Department give many hours of their time for training,practice,and responding to fires within the City and sometimes outside of the City; and WHEREAS,Michael Ryan was a member of the Shakopee Fire Department for 20 years; and WHEREAS,Michael diligently and unselfishly served the residents of the City of Shakopee while a member of the Shakopee Fire Department;and WHEREAS,Michael faithfully responded to numerous fire and emergency calls regardless of the untimeliness of said calls and personal and family disruptiveness; and WHEREAS, Michael displayed on many occasions personal disregard for his own safety in order to protect the health, safety and welfare of Shakopee residents. NOW,THEREFORE, BE IT RESOLVED,that the City Council of the City of Shakopee hereby extends its token of thanks and appreciation to Mr. Michael Ryan for his many years of service on the Shakopee Volunteer Fire Department. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 18th day of May, 1999. • Mayor of the City of Shakopee ATTEST: City Clerk /sc . 21 CITY OF SHAKOPEE Memorandum ENT . %.J TO: The Mayor, City Council and Mark McNeil, City Administrator FROM: Marvin Athmann, Shakopee Fire Chief SUBJECT: Authorizing the Fire Dept. to advertise for bids on a Thermal Imaging Camera DATE: 5/11/99 Introduction: The Shakopee Fire Departments 1999 budget includes a$28,000 equipment line item(4550)for the purchase of a Carins Iris Thermal Imaging Camera. The"Carins Iris" is a brand name so we would like to refer to the camera as a"Thermal Imaging Camera" Background: A Thermal Imaging Camera enables firefighters to see through smoke, enabling us to find the fire and victims in almost half the time it would take when you can't see. It also can spot fires in walls, ceilings and floors when the fire hasn't broken through. Discussion: With a Thermal Imaging Camera we will save more property by being able to find the "hot spots" in a fire with minimial overhaul, less water damage due to finding the fire faster,we can search for fire victims in about half the time, and increase firefighter safety by being able to "see"where we are going in an unfamiliar area. Action Required: Motion authorizing the Shakopee Fire Department to advertise for bids on a Thermal Imaging Camera. CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: May 13, 1999 Subject: COPS in Schools Initiative Introduction The Police Department is seeking authorization to make application to the U.S. Department of Justice, COPS Office, for a COPS in Schools grant. Background The U.S. Department of Justice, COPS office, in recognition of the increase in violent behavior by school aged children developed a grant program which funds local communities efforts to address these and other problems in their schools. The COPS Office is offering up to $60 million to local law enforcement. The COPS in Schools initiative provides an incentive for law enforcement agencies to build working relationships with schools to use community policing efforts to combat school violence. The primary objective of the grant is to hire additional police officers which will be assigned to work in the school system addressing such issues as gang activity, conflict mediation, mentoring activities, problem solving, truancy, and discipline related to criminal behavior. Representatives of the Police Department and School District#720 met and discussed the viability of a partnership between the organizations on the COPS in Schools program. Bob Ostlund, Superintendent of Schools, reports the Board of Education is in support of a police officer assigned to both the Junior and Senior High Schools. The best scenario for the School District would be to assign one police officer to the schools in 1999 and a second officer in the year 2000. The School District is willing to fund 50% of the cost of the officers while they are assigned to work in the schools beginning the Fall of 1999. A COPS Office grant advisor reports a community is eligible for more than one school resource officer with each grant application. The grant requires the need for an additional school resource officer be justified and a partnership agreement between the City and the School District be in place before grant funds are awarded. The grant application may be staged over 1999 and the year 2000, with a school resource officer hired in each year. Budget Impact The COPS in Schools grant program will pay up to $125,000 per officer over three years with any remainder paid with local funds. If successful the cash match for each position funded will be approximately $28,000 over the three years of the grant. The School District's commitment to fund 50% of the cost while the officer is assigned to the schools beginning with year one will reduce the City's obligation over the three years of the grant. The 1999 Police Department Budget will have funds available to cover the first year's cash match due to unfilled allocated positions. The remaining two years cash match would be included in the 2000 and 2001 budgets. In summary, the City would be able to add an additional officers for approximately one- fifth the cost during the grant period. (see attached worksheet) The additional officer will be available for assignment to the patrol schedule during our busiest months of June, July and August. The City may elect to fund or not fund the position after the grant expires. Action Requested If Council concurs, they should, by motion, direct the appropriate City staff to enter into a partnership agreement with School District#720 and authorize the Police Department to make application to the U.S. Department of Justice, COPS Office, for a COPS in Schools grant for a School Resource Officer in 1999 and the year 2000. Dan Hughes Chief of Police Cos':Analysis of New School Resource Officer 1999 Dollars One Officer First Second Third Fourth Year. Year Year Year Revenue-Grant(newt ' $ 42,800 $ 41,200 $ 41,000 $ - School Contribution 14,265 15,214 17,119 19,024 Cost-Add'I school off 3er(61%) (28,531) (30,429) (34,237) (38,048) Net for school service: 28,535 25,986 23,881 (19,024) • City cost for patrol(39 14) (18,241)• (19,454) (21,890) (24,326) Total net gain(cost)tc City $10,2933 $®1 $ 1,992 $ (43,350) Total cost for officer 46,772 49,883 56,127 62,374 Second Officer First Second Third Fourth. Year Year • Year Year Revenue-Grant(new' $ 42,800 $ 41,200 $ 41,000 School Contribution 14,265 15,214 17,119 Cost-Add'l school offs:*r(61%) (28,531) (30,429) (34,237)• Net for school service. 14,269 10,771 6,763 City cost for patrol(39'4) (18,241) (19,454) (21,890) Total net gain(cost)to City $ - .1_102_93._ $ 6,531 $ 1,992 Total cost for officer 46,772 49,883 56,127 Both Officers First Second Third Fourth . Year Year Year Year Revenue-Grant(new,. $ 42,800 $ 84,000 $ 82,200 $ 41,000 School Contribution 14,265 29,480 . 32,333 36,143 • Cost-Add'I school offi er(61%) (28,531) (58,960) (64,666) (72,286) Net for school service 28,535 40,255 34,653 (12,262) City cost for patrol(39,4) (18,241) (37,695) (41,344) (46,215) Total net gain(cost)to City $109933 $ 16,825 $ 8,523 $ (41,358) Total cost for officer 46,772 96,655 106,010 118,501 SCHGRANT.XLS.Sheetl 5/13/99 2:46 PM CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police '���,.yr Date: May 11, 1999 Subject: Authorization to Hire a Police Officer Introduction The Police Department is requesting Council approval to fill a vacant police officer position. Background The Police Department experienced six voluntary terminations between November of 1997 and October of 1998. The City Council authorized five of the vacant positions to be filled as of January, 1999. Officers Tate, Conway, Johnson, Arras and Drowns have been hired kn response to the Council's direction. The 1999 Police Department Budget included an increase in the number of sworn officers by one officer. This increase was the result of an experienced Shakopee Police officer being assigned to the Southwest Metro Drug Task Force. The Police Department currently has two vacant police officer positions. The Shakopee Police Civil Service Commission has conducted the appropriate testing and certified an eligible register for the position of police officer. (attached) The top three names on the eligible register are: Julio Baez David Kolar Scott Wellsted David Kolar formally requested his name be removed from the eligible register on May 6, 1999. Mr. Kolar is currently employed in law enforcement and is no longer interested in a position with the Shakopee Police Department. The top three names on the eligible register as a result of David Kolar's withdrawal are: Julio Baez Scott Wellsted Cody Horner A satisfactory background investigation has been completed on Cody Horner. The background investigation on Julio Baez was completed and work remains to be completed on Scott Wellsted's background investigation. Budget Impact The vacant position was budgeted for in the 1999 Police Department Budget. Recommendation Staff recommends Council authorize the hiring of Cody Horner as a probationary police officer. Action Requested If Council concurs, they should, by motion, authorize the hiring of Cody Horner as a probationary police officer at a monthly rate of$2,743.95 subject to the satisfactory completion of pre-employment medical and psychological examinations. ,/4 17 Hu: es Chief of Police CITY OF SHAKOPEE ( Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Shakopee Police Civil Service Commission Date: April 16, 1999 Subject: Eligible Register The Shakopee Police Civil Service Commission conducted the appropriate testing and established the following eligible register for the position of police officer in accordance with the provisions of M.S.A. 419. 1. Julio Baez 2. David Kolar 3. Scott Wellsted 4. Cody Horner 5. Erron Balfanz 6. David Randall 7. Evan Smith 8. Tyler Maas 4Re ectfully submitted, 'bob c i-/---k) Stan VonBokern, Chair Shakopee Police Civil Service Commission 16: 0, I, CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Update on Status of Municipal Pool • Date: May 13, 1999 INTRODUCTION Bill Dennen, Project Engineer for US Aquatics, will be attending the May 18, 1999 City Council Meeting to propose a monitoring procedure for measuring water quality of the outdoor swimming pool. The test will be helpful in determining the adeqacy of the water under existing conditions (no improvements to the system) and with an upgraded chlorination system. Council is asked to review this proposal with Mr. Deneen and consider implementing it. BACKGROUND On May 4, 1999, the Shakopee City Council ordered the closing of the outdoor municipal pool for the summer of 1999. This action was taken at the recommendation of the City's pool consultant who is concerned with the efficiency of the pool's water recirculation system. To avoid the possibility of anyone becoming sick while using the pool, it was decided it was best to err on the side of caution and safety, and close the pool for this summer. Needless to say, public reaction to this decision has been very strong in opposition to the closing. Therefore, staff has held discussions with Mr. Schaffer of US Aquatics to possibly find some short term solutions for this summer. Mr. Schaffer has agreed to conduct some tests to see if the chlorine and ph levels could be improved enough to allow the pool to re-open. The tests will be conducted under controlled conditions. The consultant proposes a two (2) stage process for the tests. Stage I involves filling the pool with water and testing water quality with no improvements to the pool. The water will be sampled at various times of the day for a period of one week. Stage II involves the installation of a new chlorine system. Again, the water will be sampled for a period of one week. The results will be shared with the City Council and, at that time, Council can decide whether or not to re-open the pool. See Attachment A. On Tuesday night Mr. Deneen will provide more details of the testing procedures and give you a timeline how long this process will last. If Council agrees to these tests, then it will need to appropriate funds to purchase and install a new chlorine system for Stage II of the test. Even if Council decides not to proceed with the tests, a new chlorine system will be needed as proposed in the Shakopee Pool Facility Assessment Report. That report is attached with this memo. See Attachment C. The estimated cost for a new automated chlorinator is $27,580 (tax not included). See Attachment B. ALTERNATIVES 1. Proceed with the Water Quality Tests. (If Council decides to do these tests, then it should appropriate funding to purchase and install a new chlorinator for Stage II. Finance Director Greg Voxland's memorandum identifies funding sources for the pool project and, therefore, the costs for a new chlorinator will be charged back to the fund you select for this project.) 2. Table for further information from staff. 3. Do nothing. ACTION REQUESTED Provide direction to staff tor 4/Aiit AUL _ ark J. !cQuillan Parks and Recreation Director ATTACHMENT A IJSILQUAT1CS i ;, , 2355 POLARIS LANE NORTH f I ►U PLYMOUTH, MN 55447 PHONE: (612) 745-9016 FAX: (612) 745-9243 1 ; Mr.Mark McQuillan i May 11, 1999 Shakopee Co unity tenter 1255 Fuller S t Shakopee,Miresota 55379 1 Dear Mr.Mc( uillan: Subject: IShakopee Sand Bottom Swim Pond I , This letter is ix/.iesponse to your request for review of the daily log sheets of water conditions for the above reference)facility. We will be using,as a reference,Minnesota Rules,Part 4717,Swimming Pool Rules,the Oerii led Pool Operators Handbook,The Aquatic Facility Operators Handbook,and the Great Lakes Upper l'ti,'ssissippi River Board of Sanitary Engineers Standard(Ten States Standard for Swimming Pools). t In general the fequirements are: Ichlorine level minimum: 0.5 parts per million(ppm) chlorine level minimum when: 1.0 ppm I -temperature exceeds 84 deg. I -pHexceeds7.7 -water depth is less than 24 inches [combined chlorine must not exceed: 0.5 ppm !pH levels between: 7.2-8.0 With ?rite,'a established as a reference the data submitted was reviewed. The followingsummaryis that cn , given: i Open Days Days The Facility Year , Submitted Should Have Been.Open(based on chemistry levels) }1982 30 0 1986 30 1 11992 I 25 18 1997 26 2 1998 1 31 2 It will take major renovation work to maintain the referenced standards listed above. Please contact us with any quest this or comments at(612)745-9016. Respectfully S ibmitted, Respectfully brained, ft,„4“___tile ' Thomas R. Schaffer William G. Deneen,P.E. President V.P.of Engineering AQUATIC CONSULTING ENGINEERS May. 10. IA9f3 NoY33 P. 1/I Aq `, ATTACHMENT B Logic } 9909'valley'View Hoed • Suite 9909 • Edea Prairie. MN 55344 f Phone(612)996-9054 • ?*x(612)996-0695 5/114999 • PROPOSAL AqualLoSit 13,proposes to forms_and install the fol wieg equipmat 4-W/T S10 K Sorde Chlorinator WI!'datieybodar mob • :1-Chlorine de c tion.system with tottery backup ,1-Self tontsined bresthiog apposes 1-Sta-Rite 1.5 bp booster pub Soellietc feed pomp • 1-Outdoor chlorine cabinet 1-Straetrol SYS 3 chemical controller with modem 55000 • - is rodded > 1 1 :., herniationtoowner Primp good for 30 days Te Aare net lit days No leaks,takes or specie fees me ioebudad Alternate chlorine/ph feed system with 2 Sheol 150ll/diykoodafs (sot.i))- C 1 h 7po} r . MOO I i SHAt.OPEE P ........ ..._ ATTACHMENT C a 1 FACILITY ASSESSMENT i Shakopee, Minnesota i . ., . .:,,, ,...._....,. .... ,, /- e S a' - ,i , In _, ,, _ et .. ilit43: ff ik,..ftt ' 1 _ i:. . 't)4 11.ill 'rile ^ r J. 1 �fl .t.�•L' •�' .q , 111 %' 1 1: .4 ‘ ..,- ' 4tii — �7• i u gly►' .-. ►,, .. '. 4i ., ,rA '•ff 0.K'r' ' �.,rr= _, • + sa X81, r .• ••ii- ' t•'4'�; ' + s.— ! ,a ' max: t•, 4.. I .� +�/�� , 'r• • .1r."•••• 4 .--.- ___„.... . t ,.. . .. . Yf ..�v'^ ♦ 1. 1 1 6}'t71F, �a� 4,,i' CY �F' ;.......... . ---,.., ,,fes',"Nt,ch. usA l,. Q U AT I C S ,ou,,,„ __ ., _ . 1 .A Ft--- ... •.. 111 11 II ......_ AMERICAN SOCIETY OF AQUATIC FACILITY MECHANICAL ENGINEERS OPERATOR CERTIFIED 2355 Polaris Lane North,Ste 110, Plymouth, MN 55447 1111' PHONE: (612) 745-9016 FAX: (612) 745-9243 / I .M�' _ f _ www.usaquaticsinc.com : info anr.usaquaticsinc.com • PROFESSIONAL POOL OPERATORS OF AMERICA August, 1998 AMER CAN CONSJLTING ENGINEERS COUNCIL 1. I SHAKOPEE OUTDOOR AQUATIC CENTER FACILITY ANALYSES . ' TABLE OF CONTENTS PAGE Section 1 EXECUTIVE SUMMARY 2 - Facility description and history • - Statement of Understanding _ - Study Approach - Scope of Study - Summary - Project Scope Section 2 ANALYSES OF EXISTING CONDITIONS 3 - Areas of Concern Section 3 IMPROVEMENT OPTIONS 5 11 - Improvement options for each area of concern Section 4 COST ESTIMATES 8 - Cost estimates for improvement options Appendix A POOL SURVEY FORM 9 Appendix B DRAWINGS /ILLUSTRATIONS 15 I I I I USAquatics, Inc. 2355 Polaris Lane North, Ste 110 Plymouth, MN 55447 (612)745-9016 fax (612)745-9243 E-Mail: info@usaquaticsinc.com www.usaquaticsinc.com I L SECTION 1 EXECUTIVE SUMMARY FACILITY DESCRIPTION AND HISTORY 11 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 need of major renovation. STATEMENT OF UNDERSTANDING 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 1 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) The gutter 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 surge /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 y 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 I• 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 controller present. Chemical controllers reduce 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. 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 1 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. I I 1 1 SHAKOPEE POOL ASSESSMENT Page 4 I 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 ' 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 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. IREPLACE 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. I INSTALL NEW BOTTOM DRAINS This will help remove debris from the pool bottom and reduce cleaning requirements. 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. 1 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 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. 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. 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 IIEATER 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 he part of the recirculation equipment renovation. INSTALL A MEANS OF BACKFLOW PREVENTION (� The potable water supply must be protected against contamination from the pool. E� 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. INSTALL pH 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. SHAKOPEE POOL ASSESSMENT Page 6 11 111 IMPROVEMENT OPTIONS - CONT. INSTALL ALL A PERMANENT & HIDDEN WATER SUPPLY FOR DROP SLIDE 111 This would eliminate potential damage from vandalism acid 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 II U II I U II U 11 • L p 111-it SHAKOPEE POOL ASSESSMENT Page 7 It 1 SECTION 4 COST ESTIMATES 1 New(:utter 5 60,000.00 • (200 ft. of gutter, piping,drop slide supply) ISurge tank $ 50,000.00 1 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 1/2) 2250 gpm/8 hr. $ 50,000.00 - (8 in.to 6 in. on back :2) 1500 gpm/12 hr. $40,000.00 (S in.to 4 in. on back '.4) 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. c7 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 - 1 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 1 Water level controller $ 2,500.00 Install a Pool Heater $ 30,000.00 11_ \ Flume Water Slide Repair $ 15,000.00 IDemo work and replacement of disturbed areas $ 40,000.00 Replace existing sand on pool bottom $250,000.00 1_ Concrete pool bottom Cost prohibitive-would require update of entire facility-we will estimate cost if desired li SHAKOPEE POOL ASSESSMENT Page 8 I I APPENDIX A POOL SURVEY FORM I POOL SURVEY AND 1 OPERATIONS REPORT I SURVEYOR: WGD & TRS DATE: 8/19/98 POOL NAME: Shakopee Outdoor Pool I ADDRESS: - OPERATOR/CONTACT: Mark McQuillen / Ron Stellmaker PHONE: (612)445-8244 FAX: (612)445-8172 II I - POOL DESIGN: SKETCI I PLAN&SECTIONS WITII DIMENSIONS INDOOR❑ OUTDOOR DX 1 1.2 acre sand/concrete bottom pool 1 12-OVERFLOW: INCLUDE NUMBER.SIZE &LOCATION OF SKIMMERS/WEIRS.NOI F WATER LEVEL. along deep end/diving well- not level-200 ft w/3" x 3" gutter 13- DRAINS: INCLUDE NUMBER,SIZE&LOCATION 11 one bottom drain-4'x 4' ill 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 L, 14 g.p.m. /inlet) 1 15- POOL SHELL& FINISH: sand/unfinished concrete 111 _ Water Depths: shallow end: 1 ft ,transition water depth: --- ; [ ] Accent(width: ") Diving well depths;@ wall: 10 ft , @end of board: 12 ft ,@ drain: 12'-6" 16- IN POOL SAFETY EQUIPMENT: ROPES,HOOKS,STANCIIION ANCI!ORS,ETC. Rope& floats present It17-ACCESS INTO POOL: [ 1 Stairs(ht x tread ): [ 1 Accent Stripes(width: "): [ ] Handrails(#: , ) LI ]Zero-Depth Entry with Gutter [X] Ladder: type: Hung [ ] ADA accessible:type: I I SHAKOPEE POOL ASSESSMENT Page 9 it SECTION 2-- FIL TRA TION 21 - FILTER SYSTEM: INCLUDE SIZE,TYPE,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 23- BACKWASH PROCEDURES: INCLUDE FREQUENCY,GAUGE READINGS&OUTLET 1000;:.p.m. [ ] to grade [X] to sanitary [ ] to storm [ ] air gap [ ] air gap needed 24- FILTER AIDS: (ALUM.ETC.) -...w SECTION 3 -- RECIRCULA TION 31 - PUMP: INCLUDE SIZE,TYPE.QUANTIFY.MANUFACTURER&NIODEL 10 IIP Jacuzzi/ 15 1IP Sta-Rite 32- PIPING: INC'LA)DI:SIZES&TYPES Cast-Iron, PVC-all in need of replacement 1 33- VALVES: INCLUDE SIZES&TYPES to be replaced ] 34- I3EATER: INCLUDE SIZE,TYPE,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: --- I 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 Needed 42-SANITIZERS: INCLUDE METHOD OF INTRODUCTION TYPES.QUANTITIES&SIIPPI.IERS Las 43-1)11 CONTROL: INCLUDE MELT IOD OF INTRODUCTION,TYPES&CONTROL TYPE none 44- I'OOL WATER CONDITION: INCLUDE CLARITY,SCENES.1:7C. 45-TYPICAL SANITATION PROCEDURES: I SECTION 5-- OPERATION 51 -TESTING PROCEDURES: INCLUDE PROCEDURES,TEST TYPE&FREQUENCY a 53-TRAINING CONDITIONS: INCLUDE NEW IIIRE PROCEDURES&EXISTING QUALIFICATIONS 111 54- DOCUMENTATION PROCEDURES: INCLUDE TEST RESULTS.MAINTENANCE LOGS,ETC. 11 . 55-STANDARD OPERATIONAL PROCEDURES: INCLUDE TESTS.MAINTENANCE,&SCHEDULES 56- UP-KEEL' PROCEDURES: INCLUDE VACUUMING.l3RUSI IING.DECKS,ETC. I 57-CI IEMICALS ON SITE: INCLUDE TYPES,BRANDS.LOCATION OF EACH&PROXIMITY TO OTHERS It It SHAKOPEE POOL ASSESSMENT Page 11 it SECTION 6-- ENVIRONMENTAL 61 - AIR IIANDLING EQUIPMENT OR OUTDOOR FACTORS: EQVIrntENr ROOM.BATHHOUSE,ETC 62-TYPICAL BATHER LOAD: INCLUDE AGE,TYPE OF USE,SCIIEUUIJ:D EVENTS.ITC. 1200 to 1500 per day 63- MAKEUP& SOURCE WATER: City potable- bad I 64- AIR TEMP. RANGE& WEATHER CONDITIONS: I 65- FENCING/PERIMETER:INCLUDE SIZE.MESH,DOORS.GATES.F IC. Chain link 1 66- ANY NOTED FEATURES: INCLUDE COVERS,SURROIINDIN(i ENVIRONNIFN r.ETC. SECTION 7- SUPPORT FACILITIES Ul71 -PATRON CONTROL/SUPPORT: ADMISSION AREA. LIFEGUARD STAT ION.OFFICE,FIRST AID,ETC. a 72- RESTROOM/LOCKER ROOM: FIXTURE COUNTS,LOCKERS,FAMILY CIIANGING.ETC. M W/C W UNI Urin. 111 Lay Shower 73-CONCESSIONS: SIZE,LOCATION.LAYOUT,SEATING,ETC. [ ] drinking fountain,[ ]vending machines 74- MISC.: STORAGE.ETC. N SHAKOPEE POOL ASSESSMENT Page 12 It . , 1 ` SECTION 8-- DECK & AMENITIES 1 81 - DECKS: SPACE.PATRON FLOW.GRASS,FTC. 82- PLAY FEATURES: SLIDES,FOUNTAINS.I)RY SAND I'I.AY,VOLLEYUAI.I..I:VC. Flume slide- gel coat gone- ideas? I Drop slide water supply is hose across deck-replace w!underground connection . Board(height: 1 m ), [ ] volleyball, [ ]basketball, [X]drop slide(drop height: >12" ), [X] flume slide(n: I) II [ ] Spray features(type: ), [ ]kiddie slide(type: ), [ ] water walk(type: _) 83-SIIADE: TYPE OF STRUCTURE.NUMBER,LOCATION,ETC. ICanopy 1 84-ON-DECK SAFETY FEATURES: t.nl:GuntiDCnnnts,DU'lll MARKERS.NO DIVING,SAFETY FQtnPM :Nr.FR'. Wood chairs-working well Depth Markers: Ends, Sides, "Transition,# Size: , letter size: location needed: _"NO DIVING": [ ] Universal tile, [ ]4" letters : location needed: Ell Equipment: It Required: ,shep.crook: ,ring buoy wi rope: , rescue tube: , back board:_ _ II Chairs Required: ,II present: Fixed, Portable II SECTION 9— FACILITY 91 - LOCATION: GROUNDWATER,NOISE,ETC. II92- PARKING: BUS,CAR,SURFACE,ADEQUATE,DROP-OFF,ETC. 1 93-ACCESSIBILITY: PARKING,BATT MOUSE,POOLS,ETC. 94- UTILITIES: ELECTRICAL,GAS,WATER,SEWER It 95-ADDITIONAL NOTES: SHAKOPEE POOL ASSESSMENT Page 13 IL I I POOL STATISTICS I SWINIMING POOL SURFACE AREA: SI IALLOW WATER(<5 FT) (IN SQ. FT.) 47.685 SI IALLOW WATER(Flume Slide) (IN SQ. FT.) 2,325 IDEEP WATER(>5 FT) (IN SQ. FT.) 1,750 TOTAL 51,760 II SURGE CAPACITY: REQUIRED (IN GAL.) --- SUPPLIED (IN GAL.) None I PERIMETER: Sand Arca (IN FEET) 484 I Flume Area (IN FEET) 190 Diving Arca (IN FEET) 170 TOTAL 844 I POOL CAPACITY: SI(ALLOW WATER(<5 FT) (IN GAL.) 884,000 ('LUNGE AREA (IN GAL.) 52,000 IDEET'WATER(>5 FT) (IN GAL.) 144,500 TOTAL 1.080,500 I RATE OF FLOW: ACTUAL RATE OF FLOW (IN G.P.M.) 800 I I3ATIIER LOAD: SI IALLOW WATER (per pool code) 3324 DEEP WATER (per pool code) 66 1 TOTAL 3370 (obviously high) I Note: all data supplied by owner- significant digits used for pool volume by engineer 1 II .. I - SHAKOPEE POOL ASSESSMENT Page 14 I I 1 AP1'ENI)IX 13 1)IRA\\'INCS / ILLUSTKA•1'I()NS I .....,- _....... — —... ....• _ „ _ _ .„. ---„..,_,--;,....,...„ _ . ... _ . . . - [1 __. • . -,1 . . .. .. ., iu i/l1/� •_yf b 4 . . , . ... .. 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I" / ,,I 1,4 . , ,, , , IRK 7::::-. ' - `' I �j • v t I� /. .:i' . , 1. _- :,, Ib II • / ► 400ff iI. s _ . •_ - f1�' C ,01 iiimill ia �omr - 4 I . ,4 Ili ,„ ;;!...., , ii, I ......,......,,,,Tt. -.A.... ....• , , It a • \-: . • • .'''. • 7 �t 7r .� iit, rte_ ~Y ,?:....,:i................),.....„.„....,.:-., ,..$...." •� • .. * 't-: (1 ..4‘101k a : IP t. I 1 ' " Rip: V i ti a -...a._____. _ 1 ,, , a . _ 1 -_Q.... . ._ --�-- s. a .., „...._ ,. ...........:_-.. ___ +i ,.1..: ...•,4 J — .,-':,..„,7,,:.,4*1.-e,..„:,•- 1.):::4. ,.•, l i IJ19óUATlCS i 2355 POLARIS LANE NORTH #110 I i iii PLYMOUTH, MN 55447 , i... ., . I. il PHONE: (612) 745-9016 FAX: (612) 745-9243 . • Mr. Mark McQnillan ! May 14, 1999 Shakopee Cothrnunity Center 1255:Fuller Sheet ! Shakopee,!Mi4triesota 5379 Dear:Mr. Mc( illan: • is Subject: ; ;Recommended TestingProcedures for Shakopee Sand BottnmSwim Pond. This letter is ii response to your request for procedures for testing the water chemistry at the above • reference facility. : 1) I The swim pond must be filled and the filtration,recirculation and disinfection systemp run for'a minimum of 5 days or until the operator is confident that the system is balanced: 2) : IThe facillity should be divided into nine (9) areas, similar to a tic-tac-toe board pattern. 3) :The chemical levels in each of the nine areas must be taken and recorded three(3)tir4es 'daily (approximately at 9:00 am., 1:00 p.m. and 5:00 p.m.)in accordance with test kik pleoeeduxies. The water must be tested for free available chlorine(FACT;total available !chlorine kTAC),pH,temperature and once a day for calcium hardness and total alkalinity. • 4) ; Testing should occur for 1 week using the existing disinfection system and 1 week with the • • !new chemical feed and monitoring systems. • 5) . 'Test results will be analyzed 4) Following the test period,if it is found the chemical levels meet the requirements in IMinnes4a Rules,part 4717,through-out the swim pond, the pond may be consideredl for 'opening.! If opened,testing must continue at least three times daily at two(2)shallow end :locations,one(1)deep end location,at the egress of the flume water slide and one test near • the center of the pond. The facility must be closed if any of the tests are bad until a point ! • when chemical.levels are back within required ranges. •I . Please note: I : Please rememb�er that thiere are no codes or standards,by law,governing the design or operation of the swirri pond: .Ig a:n inciddnt occurs, lawyers will compare the pond and its operation to some standard!,most likely the State.Swimming Pool Code. This would mean meeting chemical level requirements, ! recirculation rate requirements,and the requirement for an automatic chemical feed system (no hand; feeding of chemicals). y . When the initial testing Iis done,one bad test zone is all that is required to keep the swim pond closed. The new disinfection sylfstem does not make up for a poor recirculation and filtration system. Increases in the chemical feed rates into the pool may not help maintain adequate chemical levels if the recirculation system cannot iadequate1y circulate water through-out the entire swim pond. AQUATIC CONSULTING ENGINEERS • USAQuaYICS INC • Closing the swim pond for inadequate chemical levels is required of any test,at any point in the pond,at any time. A certain portion of the pond cannot have restricted access while other areas are open. The facility must remain closed until proper chemical levels are reached. The recomme died chemical controller is also a chemical monitor with a memory whiich can be downloaded tcj show disinfectant and pH levels. 1 • W e will base the :water chemistry analyses on the following criteria: • • ;chlorine minimum: 1.0 ppm `. combined chlorine max.: 0.5 ppm pH: i 7.2 to 7.8 (ideal: 7.4-7.5) icyanuriclacid: ZERO (0) (temperature: . 76 to 83 deg. (calcium hardness: 225 to 600 ppm !total alkalinity: 80 to 110 ppm •Please contact(us with any questions or comments at(612)745-9016. 1 'Respectfully Sulbmitted{{ +"I 1 1 • • i1 G.D �en, V.P. of Engin ming • I I is #64:,..{„tup4.1A- R Q LI/•s)`-e7frt Aqua` Logic 9909 Valley View Road • Suite 9909 • Eden Prairie. MN 55344 Phone(612)996-9054 • Fax(612)996-0695 5111/1999 PROPOSAL Aqua Logic Inc.proposes to furnish and install the following equipment: 4-WiT S10 K Sonic Chlorinator 2-WIT dual cylinder scale 1-Chlorine detection system with battery backup 1-Self contained breathing apparatus 1-Sta-Rite 1.5 hp booster pump 1-Stemmer caustic feed pump • 1-Strantrol SYS 5 chemical controller S24940 Electrical is not included Installation and instruction to owner included Price good for 30 days Terms are net 30 days No permits or special fees are included •• Sales tax is included Proposed by Accepted by Date 15. 0 . 2 . CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Funding Sources For Pool Reconstruction DATE: May 6, 1999 Introduction Council has directed a report be prepared showing possible funding sources for the 1999 reconstruction of the pool for an approximate $880, 000 . Background At the May 4, 1999 council meeting, council was appraised of the status of the pool systems and directed staff to recommend funding sources for the reconstruction work to be done at one time in order to have the pool ready for the 2000 season. Listed are potential funding sources and comments on the source in order of recommended usage: • Building Fund. I believe this project amounts to a reconstruction of the system which includes the filter building. Technically the whole system is not a building but I feel this falls within the scope of the purpose of the Building Fund. • Recreation Fund. This is a recreational facility operated the Recreation Department . Practical matter is that the fund does not the resources to pay for the project . • General Fund. For the past couple of years, council has transferred monies to the Building Fund based on fund balances that were above the target range. 1998 results show a fund balance above the target range so that council has up to $1, 562, 000 available for discretionary use such as transferring to the Building Fund. Using the General Fund can be considered as using the Building Fund. • Capital Improvement Fund. The permitted uses for the CIF list buildings but I would tend to have a tighter definition of buildings for the CIF than for the Building Fund in this case. Council has not transferred money into the CIF for a number of years so its revenue sources have been more restricted. CIF is a significant funding source for street projects. • Park Reserve Fund. This fund is intended for acquisition and improvement and not maintenance or reconstruction. The fund does not resources for this project based on other projects planned in the CIP. • Sewer or Storm Funds. While council has the authority to use these fund for other purposes, past council ' s have only used these funds for the respective utility functions . When these funds were started and rates increased, it has been represented to the public that the money would not be used for other purposes and that is my recommendation. Recommendation Use the Building Fund. It is expected that council would transfer the available monies from the General Fund into the Building Fund as per the past two years . Action Discuss and give staff direction on where the charge the reconstruction costs. /g2k) Gregg Voxland Finance Director C:\gregg\memo\pool M 0 u) 0 0 i LO o tii.r) N O O r• O co N st C) O O CO 0 CO N 6 �ti N tto N N Cr) N .- .- 0 0G N v v to 69. CC) O 0 0 0 0 O CA N N 0 O O 0) — O NC) et O 0 CC) At. 0 O CO N. 000 COC) in CO CCO N 0 N - Cn CC) et ID 0 N " .- elto t/} to CD of 0) 0 0 0 0 O 0 N. 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E . l , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Planning Commission Vacancy DATE: May 18, 1999 INTRODUCTION: The Council is asked to give directions as to the filling of the vacancy created by Dave Nummer of the Planning Commission. BACKGROUND: In February, Councilors Link and Amundson, and the City Administrator, interviewed six people for the two Planning Commission vacancies. They were Bill Mars, Dave Nummer, Jerome Ince,Jay Lyle, Cory Bullard, and Jason Bullard. Christina Nadeau had also applied,but did not appear at the interview. Incumbents Mars and Nummer were reappointed. Jason Bullard was appointed to Park and Recreation Advisory Board, and Cory Bullard was appointed to the Board of Review. Dave Nummer has recently resigned,citing his inability to attend evening meetings due to a job change. Mr.Nummer's resignation should be accepted by the Council. Regarding a replacement, in consultation with Councilors Link and Amundson,the interview committee's recommendation is to fill the vacancy with Cory Bullard. While he currently serves on the Board of Review,that is only a two meeting obligation;he has indicated his willingness to serve on the Planning Commission. RECOMMENDATION: The Council should accept Dave Nummer's resignation, and appoint Cory Bullard as Planning Commissioner. ACTION REQUIRED: The Council should do two things: 1. By motion, accept with regret the resignation of David Nummer as Planning Commissioner. 2. By motion, appoint Cory Bullard to fill the unexpired term of Dave Nummer as Planning Commissioner. 1M.2.1\1e-10.40 Mark McNeill City Administrator MM:tw CC: Michael Leek Judy Cox Name: fu 1 l 0.r'(�i Address: �� 'L0 rte 6-7 Y AreWeir Phone:(H) 446,1 —/ Z 2-4/ (B) 9.21— <12 Cp How long have you been a Shakopee Resident? / 3 /00 4, 4.5 Occupation: f c'�' l �,LYL©l 5 a ykd a l 1 )l ep Dni&l f- 1 &,j S /44 a i✓a�e r- Does your work require you to travel?(Check one) A great deal Periodically y Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) Akp v Q(1`Q c i si 4 ,4c iNe55 6Li)-/I!-e r5 . ita Lc!Or+C't G a. b Lpet s a,d eel -+'oil,ed r ,,�f11ry � / ,troy 71:AAa Aid y ;e' 4„,441c i b Board or Commission in which you are interested? (If more than one, please indicate order of preference) // 1 /.-I.. i A G 4 _ / 2/•• � �. Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: _ J 4 c/ £L0-4L-- 'F . Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No K. If yes, please provide the details on a separate sheet of paper. Please list three references(Name,Address,Phone): 1. , air �1Q,� , c !,l ine..._ Sz(. 86 2. Ked;tki ( A.1.JLfP ) 12-23 At'z4€ 5', q03 — D 8s `I s c Pr;er(4k�e , .1#0-3i53/.1#0-3i533. T1/'f�W�r� ck,�nrH� j 1� f 0� �, �d�. S'F� _.._. I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. 12"-11-47/ Signature ///3/97 Dat RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 F-IECEri":1) +A m 2 5 1999 zr-iAKOPEE CITY OF SHAKOPEE BOARDS AND COMMISSIONS VOLUNTEER PARTICIPATION PLEDGE 1. I agree to attend an annual Board/Commission evening orientation held in January once during my first two years on the Board/Commission. YES X NO 2. I agree to read the agenda material provided prior to the Board/Commission meetings so that I am prepared to participate in discussion. YES NO 3. I agree to read and use the attached "How To Aid Discussion By Asking the Right Questions" to enhance my performance as an active Board/Commission member. YES X NO 4. I agree to offer discussion on the pros and cons of the policy/issue being discussed and agree to refrain from personal criticism directed toward citizens, applicants, fellow Board/Commission members and staff. YES NO 5. I acknowledge the City's requirements regarding attendance (Outlined in Section B, Subparagraph I)and understand that I can be removed from a Board/Commission because of poor attendance. YES X, NO 6. I agree to call City Hall to notify the appropriate staff person when I cannot attend a regularly scheduled meeting. YES )C NO 7. I agree to refrain from voting on issues where I have a conflict of interest. YES Y NO Applict Si ature 1ii/Y Date CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Joint Council/Planning Commission Residential Moratorium Meeting MEETING DATE: May 18, 1999 Introduction: Previously, the Council had established May 19t as a date for a follow-up joint meeting. Staff is requesting that the Council consider moving that meeting to May 26th in order to allow additional time to develop materials for the Council's and Commission's consideration. Alternatives: 1. Adjourn the Council meeting to May 26, 1999 for a joint meeting with the Planning Commission. 2. Do not adjourn the Council meeting to May 26, 1999. Action Requested: Offer a motion adjourning the Council meeting to May 26, 1999 at 5:00 p.m. for a joint meeting with the Planning Commission. R. Michael Leek Community Development Director 15. x• 3. CITY OF SHAKOPEE ,. Memorandum CC" y L. 0 ,� ter. •Y TO: Mayor and City Council -..t Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Shakopee Hockey Association Gambling License DATE: May 14, 1999 INTRODUCTION &BACKGROUND: The Shakopee Hockey Association is making application to obtain a premises permit in order to sell pull tabs at the Brew Station Brewery at the Crossroads Center. They also have a premises permit at the Main Event and are in compliance with the Shakopee City Code. RECOMMENDED ACTION: Offer Resolution No. 5150, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for the Shakopee Hockey Association, and move its adoption. JiTithi7701Th. Cox, City Clerk JSC/tiv RESOLUTION NO. 5150 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING PREMISES PERMIT FOR SHAKOPEE HOCKEY ASSOCIATION WHEREAS, the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permit; and WHEREAS, the Shakopee Hockey Association is seeking a Premises Permit, for the site at the Brew Station Brewery, 1128 Vierling Drive East, 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 Hockey Association at the Brew Station Brewery, 1128 Vierling Drive East, Shakopee, Minnesota,be approved. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota,held this 18th day of May, 1999. Mayor of the City of Shakopee ATTEST: City Clerk JSC/tiv �s y . . CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator , az. FROM: Greg Sticha, Accountant III `, SUBJ: Use of a Cash Manager DATE: May 11, 1999 Introduction The Finance Department is looking for direction as to whether or not it would be of value to use a cash manager. Background Currently the Finance Department handles the management of all the City and SPUC's cash and investments. There are other municipalities that do use a cash manager. Based on our research some of those include most counties (including Scott County) , the cities of Maple Grove, Edina, Maplewood, Coon Rapids, Minneapolis, St. Paul, and Fergus Falls. The Finance Department spends on average about 16-20 hours per month handling the management of the investments. In February we presented this concept to Council and they directed staff to further investigate the possibility of using a cash Manager. Enclosed you will find the results of our interviews with three local Investment Managers. Based on our interviews we are expecting to gain anywhere from 20 to 50 Basis points on all our investments on an annual basis. This equates to additional revenue net of fees of anywhere from $40, 000 to $100, 000. In order to obtain these additional revenues it may require us to expand our investment parameters to include longer term investments and mortgage backed securities. These expanded parameters are within the State of Minnesota Required Investment guidelines, however, it could also lead to larger fluctuations in income and losses depending on the markets. Government Agency Mortgage Backed securities do earn additional income over regular Agency backed securities. There is no additional risk of loss on the investment, however the timing of the principal payments to the investor may vary due to pre-payments and delinquent payments of mortgages by homeowners, resulting in additional yield to the investor. It should be noted that the securities would still stay in the City's corporate custody account at Norwest, so there would be no additional risk of loss of the securities. The following are the Pro's and Con's of each Firm: NORTH SHORE Pro's: This firm offers an emphasis on customer service, lower fees, a shorter average investment maturity length, and the use of less mortgage backed securities than the other firms. The individual experience this firm offer's is also tremendous with over 20 years experience in managing cash for other government entities. Con's: The firm is relatively new being formed in 1997, has less government clients than the other firms, and they are in the middle of the pack as far as predicted additional revenues net of fees. VOYAGEUR Pro's: Has a large amount of government clients and is predicting the largest return on our investments. Cons: Has the largest fees of all three firms, and is requesting a longer average length of investments and more mortgage backed securities. FIRST AMERICAN Pro's: Has the largest asset base and most years of experience in terms of the time the firm has existed. Also offers a large base of government clients. Con's: Is requesting a large amount of investments be mortgage backed securities, and has the least predicted additional revenue gain net of fees. Alternatives 1. ) Direct staff to Contract the Services of a cash manager. 2. ) Do not Contract the Services of a Cash Manager. Recommendation The Finance Department does see some advantages to using a cash manager. Due to the increasing size of the City there has been additional demands placed on the Finance Department staff. The use of a Cash Manager would reduce the amount of time staff would have to deal with trades and investments by more than half. There also would be additional interest gained based on the presentations of the three Investment managers we interviewed. Therefore, based on the interviews and research we performed, we recommend to Contract the services of NORTH SHORE. The basis for this recommendation is that they offer a large amount of personal experience and an emphasis on customer service. Their investment philosophy more closely resembles our investment philosophy, and the predicted additional revenue gained net of fees is comparable to the other firms. The actual fees charged is lower than all three firms, and they are willing to come discuss their services with Council. Action Contract the services of NORTH SHORE ADVISORS as a Cash Manager. Gre Sticha Accountant III to 0 2 a_ f C(13 f CO . CD o 0 . o c # • g o < w § 7 a) c �_ § § >- j / / fm ® - . N 0 L N - © 0 0 a 0 a § a > 0 2 R co 4- E co co- d U 0 £ f / a a 8 @ f 2 o co k 2 o § q @ �_ IX 7 m 2 8 « •A £ « « ƒ @ S E ® 17- 0 / / 2 Z 6 ■ 2 Z » • e $ N w E i C4_ 2 0 N . .0 N- I a ® 0 C § u" - co \ 2 it 0 II0 � 2 2 co I 0 0 0 © ( j o o N 2 @ k o $ 2 0 « 2 .- « « A $ m J ® E o m 2 0 ® i § Z CO ^ a 2 N 2 $ 0-0 m CO S k k 0 - E O ; 2 | C X COC "0 k 0 m 0 a ■ % co 2 a ■ m .0 | % e a) 0 103 2 = k E _ -V 0 0 z § O f c e 0 « ■ 01 co _ / k a -J - z CO f c k J e © © o 0 o o 2 f K c 2 2 C) f k k 0 0 CO 2 E 2 . ■ & § » © # 2 ■ f 0 S R u_ J 2 1- w $ / / 0 f $ | /s Lam. c CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: TIF Forecast DATE: May 11, 1999 Introduction At the last council meeting, staff was directed to bring back an updated TIF forecast using proposed 1999 compression rates. Background Attached is a revised TIF forecast using the actual market values and the worst case (3%) for compression of tax capacity rates for the Kmart district. The downtown district was estimated proportionally. For projects, the $300, 000 for the referendum was eliminated due to the anticipated 7/1/99 cut off . The expenditures for the civic center were reduced to an estimated cost for the sign, assuming it is built and paid for or at least contracted by 7/1/99 . There is a projected short fall of TIF to pay off the Chaska Interceptor in the amount of about $231, 570 . This would have to be paid by other funds, possibly Sewer Fund. Recommendation In order to pursue the current path the city is on for TIF expenditures, get the civic center sign and stadium improvements under contract before 7/1/99 with TIF being cited as a funding source in the contract . Expend the balance of TIF on the Chaska Interceptor as soon as money is available. Action Discuss and give staff direction. revgg Voxland Finance Director I:\finance\docs\taxinc\forcast2 v a w In N o UN ' N 0 ri 10 CO N ,> a) M )0 N r-- 00 "1 U ru Li N N M 10 rl .l It r4 CO m O m 0 CO .-1 r 1 r-1 H r r M cr m ot co ri 0 U m ON O 00 m M In m co m m Ill a0 .0 N CO d' ri O e-1 Hl0 Is Ill N in N r-I U L- M d' .-1 a0 X 01 I!1 I0 N N Ill N 1i 0 FdO d' d' t0 in ri ro O Ill CO N m 10 01 0 CO m O 0 ▪ WI 1-1 0 m CO m O 01 ON v v 0 ri N N N0 M M ON N N n m IlillUhl ( IIlM0 co 11 (11 csi cn in mH 0ISImmaomml-.N m E ri M M M M M m ilr U cx or O In O In 1Ui 0 l� M CO as IIIII) it7 O r- I0 d. w m rwib I� ao wo Nm rmi E. wrHI H H H io1 rt ri ul Iiiiiiiiii."I ON- Al w cr o In o In IO ON O In 1-1 IIII1 y,l �. a) N IllrlN m O r-I ma) O c0 A(• O UON V • IN N m riH i M 0) CO O a) a) W 0 m a N y 01 0 ri N M 01 0 0 0 0 W 01 •r-1 0 ri 0 0 0 0 U ▪ y E N NNNCO 1-1 N H ,y to 05 CU I L4 ° Ll 8 A 'el bl a) 04 O b -r1 IIIt i I H II 0 °o O▪ li U O a•N-1-rl 1..1 ti u CO O N a w CD F )i trl O O O O m III' ro u 00 0 �o rpt x a b i 0 'a SU. �I COnIon m m a U al No �O ,i N ,L1 1-.1• ~ rl U Hro w N 0 0 Il 1111 A v o 01 v N U v ^)4O OUHIaS E 0 p � a o CI ap N` al • 14 N N alo ° to ri W ••r1 m• o o N ••rl mEa u ri l U I 61) Wp Anm CO (E °2 I 1 lig 0 1 a) I oMa o r-I aH 00O N o0M 7u_ag Nn0 u Si W N t'. N E A CO0 0 0 IIIliiiial fA 'd rH-1 W HN N N O U 44 4.1 U F CO 0 N CO CO 0 e1-1a0 ON 0 ri •n at ON 0 0m m o 0 '4 b1 O al m m O 0 al m m 0 0 • N -I-I a ri ri N N 1.) r-1 H N N E U a z ri N M w In NO h m O ri N M NO LO N0 N 00 CO O ri N M w In b N CO 01 0 ri N M V' UI W P: ri r♦ ri ri ri r♦ 1-1 ri r♦ ri N N N N N N N N N N M M M M M M 0 O W W CITY OF SHAKOPEE IS. E. 6 . Memorandum TO: Mayor& City Council CC 74.FT Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director Judith Cox, City Clerk 9f., SUBJECT: Hiring of Office Service Worker DATE: May 13, 1999 INTRODUCTION: Interviews have been held with candidates for the Officer Service Worker position. Staff is recommending the City Council authorize the hiring of Lynette Walsh 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 Lynette Walsh. Ms. Walsh has over five years experience as a Central Services Specialist with Scott County. Her extensive clerical background includes covering the switchboard,public contact,records management and a variety of other miscellaneous duties. Her anticipated starting date is June 2, 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. Walsh 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 Lynette Walsh for the Office Service Worker position. ACTION REQUESTED: Move to authorize the hiring of Lynette Walsh as Office Service Worker at $12.1457/hr. Step 1, Grade B of the 1999 Pay Plan, effective June 2, 1999, contingent on successful completion of a standard pre-employment physical and background check. /MMR 15, E, CD, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 15.E.6. -Hiring Office Service Worker DATE: May 18, 1999 This agenda item hires Lynette Walsh to fill a full time position shared between Community Development, and City Clerk. You may recall at the last meeting that the Council authorized the hiring of Debra Braaten to fill this position. However, after the approval was given, Ms. Braaten notified the City that she would not be taking the City position. (As an aside, Scott County notes that it is within increasing frequency that people are offered and accept jobs with the County, and then change their minds at the last minute.) The purpose of this memo is to advise you that this is not an additional position; rather, merely a substitution for one previously authorized. Mark McNeill City Administrator MM:tw I ) CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Closed Session DATE: May 11, 1999 Following the regular portion of the City Council meeting,the Council will be asked to go into an executive session for the purpose of discussing labor negotiations. lilL0/4-1/1-110 Mark McNeill City Administrator MM:tw