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HomeMy WebLinkAbout02/17/1998 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Special Meeting - Closed Session DATE: February 13, 1998 Mayor Brekke has called for a special meeting of the Council to convene at 6:30 PM, Tuesday, February 17th,to proceed the regular City Council meeting. The purpose of the meeting will be to discuss pending litigation. As such, it will need to be a closed session. Atita Mark McNeill City Administrator MM:tw TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 17, 1998 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] 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.) 5] Liaison Reports from Councilmembers 6] Mayor's Report A] Tom Steininger Resolution of Commendation-Res.No. 4848 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene 10] Approval of Minutes: February 3, 1998 *11] Approve Bills in the Amount of$453,046.67 12] Communications 13] 7:00 p.m. Public Hearing on the Proposed 1998 Reconstruction Project No. 1998-1 - Res. 4843 14] Recommendations from Boards and Commissions A] Preliminary/Final Plat of Conklin Addition, Located East of Valley Park Drive, South of Highway 101, and North of Valley Industrial Blvd. South -Res.No. 4846 B] Preliminary Plat of Weston Ponds,Located West of Marschall Road and South of 17th Avenue Extended-Res.No. 4847 TENTATIVE AGENDA February 17, 1998 Page -2- 14] Recommendations from Boards and Commissions Continued *C] Canterbury Park 2nd PUD,Amendment No. 1 -Res.No. 4845 15] General Business A] Police and Fire *1. Station No. 2 Air Compressor B] Park and Recreation C] Community Development *1. Completion of Probation-Tim Benetti, Planner 1 *2. Adult Establishments Ordinance Summary- Ord. No. 515 D] Public Works and Engineerin. 1. Williams Pipeline Encroachment Agreement 2. Assessment Policy Revisions for Street Collectors by Commercial/Industrial Property-Res.No. 4852 3. Receiving Feasibility Report for Vierling Drive Improvements from Sage Lane to Miller Street, 1998-2-Res.No. 4834 *4. Authorize Feasibility Study for Vierling Drive from CR 15 to Fuller Street- Res.No. 4842 *5. Acceptance of Work on 1996 Pavement Preservation, 1996-10-Res.No. 4851 *6. CR-16 Revised Assessment for Sanitary Sewer and Water Service,Project.No. 1994-11 -Res. No. 4850 *7. Concurrence on Revoking CSAH 18 North of CSAH 101 -Res.No. 4849 E] General Administration *1. First March Meeting-Date Change-Res.No. 4832 2. Appointments to Boards and Commissions-Res.No. 4853 3 Long Term Employee Retirement Benefit- Res.No. 4844 *4. Reduction of Letter of Credit-Prairie Village 2nd 5. Workshop Meeting *6. VFW Donation 16] Other Business 17] Adjourn CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Administrator Absence DATE: February 17, 1998 I will be on vacation Wednesday, February 18th-Friday, February 20th, and also Thursday and Friday, February 27th and 28th. During my absence, Gregg Voxland will be Acting City Administrator. In an emergency, Secretary Toni Warhol will be able to get a hold of me. For your information. (kamtlAACA-th Mark McNeill City Administrator MM:tw TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Adjourned Regular Meeting Tuesday,February 17, 1998 I� 1. Roll Call at 7:00 p.m. 2. Approval of the agenda 3. Approval of Minutes-January 20, 1998 and February 3, 1998 4. Financial A.)Approval of Bills 5. Other Business: 6. Adjourn II edagenda.doc i• OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN ADJOURNED REGULAR SESSION JANUARY 20, 1998 Members Present: Amundson, Brekke, DuBois, Sweeney, and President Link Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director;Judith S. Cox, City Clerk; and Jim Thomson, City Attorney 1. Roll Call President Link called the meeting to order at 7:27 p.m. Roll was taken as noted above. 2. Approval of Agenda Sweeney/Amundson moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of Minutes Sweeney/DuBois moved to approve the December 2, 16, and 23, 1997, minutes. Motion carried with Commissioners Brekke and Amundson abstaining. Brekke/Amundson moved to approve the January 6 and 13, 1998, minutes. Motion carried with Commissioner abstaining. 4. Financial A. Approval of Bills Sweeney/DuBois moved to approve bills in the amount of$1,465.31 for the EDA General Fund and $29,531.01 for the Blocks 3 &4 Funds. Motion carried unanimously. 5. TIF Request for Senior Housing Project- Dean and Dan Walden Mark McNeill asked for direction as to whether the EDA wishes to establish a TIF District to assist a proposal for a "pay as you go" senior housing project. The request for assistance is for a 6.9 acre tract lying east of Marschall Road and south of CR-16. He explained that he talked to the applicant about the concern that this project would be in competition with the senior housing in Blocks 3 and 4 for which the City is a guarantor on the bonds. Official Proceedings of the January 20, 1998 Shakopee Economic Development Authority Page -2- Due to the high bedrock content in the area, the question was raised as to whether justification of this type of development would set precedence for others. A Housing Income Tax Increment District with limits to qualify it according to guidelines was also suggested. Dan Wilson, Wilson Development Services, approached the podium and explained the difference between a Housing District and a TIF District. He said the legislative policies have changed over the years favoring redevelopment projects and Soils Condition Districts. He said that Dean and Dan Walden understood the concerns regarding competition with Blocks 3 & 4, and explained that while the legislature favors Housing Tax Increment Districts with up to 25 year terms, they must be for assisted housing and low to moderate income people. He said the legislature is concerned about placing too many subsidized units at one location and according to the Statutes, at least half of the units would have to be subsidized to qualify as a Housing Tax Increment District. He said there will be substantial Tax Increment generated from this project. So if there are public improvement projects in the area, some type of cooperative arrangement could be worked out. A discussion ensued regarding the need for market rate housing. Mr. Wilson said that market rate studies show a need for affordable housing. However, HUD was concerned about contracts coming due and backed out of the project this year. He said they are struggling with the question of how to maintain the market for the future. A discussion ensued as to whether or not the project could carry itself without City assistance. Mr. Wilson said the project could not carry itself the way it was designed because it is a high density project to be built in phases, as needed. He also said that due to the bedrock in the area and construction costs, rents are not sufficient enough to pay for the projects. In response to a question as to how the Metropolitan Council has rated Shakopee's affordable housing, Michael Leek said the Metropolitan Council has determined that Shakopee has met or exceeded the affordable housing requirements. Brekke/Sweeney moved to direct staff to continue to investigate the use of Tax Increment for the Dean and Dan Walden Senior Housing Project. A discussion ensued in which Comm. Sweeney raised concerns that the legislature may alter Tax Increment by giving approval authority to other taxing districts. He stated that he preferred to look at projects that create jobs. Motion failed 3-2 with Commissioners Sweeney, Amundson and Brekke opposed. Official Proceedings of the January 20, 1998 Shakopee Economic Development Authority Page -3- 6. Downtown Signage Funding Participation Paul Snook reported that the downtown business folks and the Chamber of Commerce have requested that the City and/or EDA consider contributing one-third of the funding of a "Downtown Shakopee" directional sign south of Hwy. 169 & 69. The cost of the sign is estimated at $876. He said both the Downtown Business Association and the Chamber of Commerce are willing to contribute one-third of the cost. A discussion ensued regarding the possibility of a snowball effect for similar requests. Sweeney/DuBois moved to refer the directional sign request to the Downtown Ad Hoc Committee for review as part of a larger project. Motion carried unanimously. 7. Other Business None. The meeting was recessed at 8:07 p.m., until after the City Council meeting. The EDA met in executive session at 11:12 p.m. to discuss matters permitted under attorney-client privilege. No action was taken during the executive session. The City Council met in executive session following the EDA executive session. The EDA meeting re-convened at 11:29 p.m. 8. Adjournment Sweeney/DuBois moved to adjourn to Tuesday, February 3, 1998, at 7 p.m. Motion carried unanimously. The meeting was adjourned at 11:29 p.m. ,a);44 J ith S. Cox .D.A. Secretary Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN REGULAR SESSION FEBRUARY 3, 1998 Members Present: Amundson, Brekke, DuBois, Sweeney, and President Link Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. 1. Roll Call President Link called the meeting to order at 8:12 p.m. Roll was taken as noted above. 2. Approval of Agenda Sweeney/DuBois moved to approve the agenda as presented. Motion carried unanimously. 3. Financial A. Approval of Bills DuBois/Brekke moved to approve bills in the amount of$1,104.45 for the EDA General Fund and $2,487.05 for the Blocks 3 &4 Funds. Motion carried unanimously. 4. Seagate Technology Project A. Cost - Benefit Summary It was noted that Commissioners had been provided with a Cost Benefit Summary on the Seagate Project and that it would be addressed in the public hearing by the City Council later on this evening. B. Resolution No. 98-1, Approving Tax Increment Financing Plan for TIF District No. 11, Modification to the Boundaries of TIF District No. 1, and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 Paul Snook explained that on December 16, 1997, an application for Tax Increment Financing was approved by the EDA, and the City Council passed a resolution calling for a public hearing and approved a letter of intent with Seagate Technology. OFFICIAL PROCEEDINGS OF THE FEBRUARY 3, 1998 SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY PAGE -2- Mr. Snook recommended approval of Resolution No. 98-1, in order for the Seagate Technology Project to move forward. Comm. Sweeney explained that the Minnesota River Valley Housing and Redevelopment Project is the overall TIF Project and encompasses a great deal of the older portion of the City as well as some of the developing areas east of the City. It also includes TIF District No. 1 or what has been referred to as the "K-Mart District". Resolution No. 98- 1 severs TIF District No. 11 from TIF District No. 1 and sets it up as a separate District. The entire TIF District No. 11 (Seagate) is within TIF District No. 1 and must be removed. Sweeney/Amundson offered Resolution No. 98-1, A Resolution Approving the Tax Increment Financing Plan for TIF District No. 11, Modification to the Boundaries of TIF District No. 1, and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1, and moved its adoption. Motion carried unanimously. 5. Other Business None 6. Adjournment Amundson/Sweeney moved to adjourn. Motion carried unanimously. The meeting was adjourned at 8:20 p.m. prUA .k ith S. Cox E.D.A. Secretary Esther TenEyck Recording Secretary 141,9 CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: February 11, 1998 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 projects for the period 1/30/98 to 02/11/98 . Action Requested Move to approve bills in the amount of $56 . 73 for the EDA General Fund and $1, 205 . 73 for the Blocks 3&4 Funds . EI 1 0 0 0 0 0 o O O O o o O o I1 H 1 O O O O O O O O O O O O O II A1 . • • . . . . II W I O O O O O O O O O O O O O II 1 U 1 I N O 01 N M M M O M M M M lO 1 O O cN N N. N. N O I. N. N N C H I H I c0 c0 LO d' LO W LO O Ln In Ln in N LQ I H N Lfl In Ln Lf1 Ln 0 0 0 LO W 1 N d' N N N N A I H H H H 1 E.ill UU) II co• cco II H H O O O O co a\ \c0 O Q1 N M co H m N m N o O\ri ri H N (x. \ri Lf1 Lfl In In Ci] N\O O O O E iX ON00 00 Cf) ril 113 as x “M H W UI x x Z fn 4 w oA xxwa w4 c4OH 11E. A H H a X rl CO z wXao rx E. 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H ON HH H a r7 0 01 o o ..7 a H 0 0 O H i O In In in In H H * rn rn H H * 'I HH HH HH 0 0 * w w 0 0 4. fsz., rl ri rl rl H H CITY OF SHAKOPEE V• A, Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Special Item- Tom Steininger Resolution DATE: February 12, 1998 INTRODUCTION: As part of a"special item of business", the Council is asked to recognize retiring Police Chief Tom Steininger. BACKGROUND: Tom Steininger began service as Police Chief in Shakopee on February 26, 1990, after police . service with the City of Austin, Minnesota. He has been responsible for many improvements in service to Shakopee residents during his tenure as Police Chief. He is retiring February 27th. As such, the Council is asked to recognize his Shakopee career accomplishments by means of a resolution. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the following resolution: A RESOLUTION RECOGNIZING AND COMMENDING CHIEF OF POLICE THOMAS L. STEININGER UPON THE OCCASION OF HIS RETIREMENT ^jti0. Mark McNeill City Administrator MM:tw RESOLUTION NO. 4848 A RESOLUTION RECOGNIZING AND COMMENDING CHIEF OF POLICE THOMAS L. STEININGER UPON THE OCCASION OF HIS RETIREMENT WHEREAS,Thomas L.Steininger was sworn in as Chief of Police for the City of Shakopee,Minnesota,on February 26, 1990;and WHEREAS,during that time,the size of the Police Department in and for the City of Shakopee has grown to reflect the increase in population and tax base of the community during that time;and WHEREAS,during that time,Thomas L. Steininger has been responsible for increasing the level of professionalism,use of technology,and improving training methods which have provided the Shakopee Police Department with the ability to enter the twenty-first century as a leading agency in the field of law enforcement;and WHEREAS,as Police Chief,Thomas L.Steininger was responsible for increasing the level of awareness and utilization of such concepts as Community Policing,and initiated the Shakopee Citizen's Police Academy;and WHEREAS,Thomas L.Steininger has been active in the field of law enforcement outside of the City of Shakopee,having served on the Minnesota Board of Police Officers Standards and Training(POST)Board,including election as the Vice Chair six times,and was appointed as the Board Chair on February 13, 1997 by Minnesota Governor Arne H.Carlson;and WHEREAS,Thomas L.Steininger will be retiring from his position as Police Chief for the City of Shakopee on February 27, 1998;and WHEREAS,the Mayor and City Council,representing the residents and property owners of the City of Shakopee,wish to acknowledge with grateful appreciation the contributions of Thomas L. Steininger to the City of Shakopee during his tenure as Police Chief. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Shakopee, hereby acknowledges and commends Thomas L.Steininger for his service as Police Chief in and for the City of Shakopee, Minnesota. BE IT FURTHER RESOLVED,that the City Council,on behalf of the City of Shakopee, wishes Thomas L.Steininger a long,happy,and healthy retirement. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 17th day of February, 1998. Mayor of the City of Shakopee OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 3, 1998 Mayor Brekke called the meeting to order at 7 p.m. with Councilmembers Amundson, Link, Sweeney and DuBois present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Paul Snook, Economic Development Coordinator; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. The Pledge of Allegiance was recited. The following item was added to the agenda: 15.B.1.c. Station No. 2 Radio Equipment. Mayor Brekke explained that item 15.E.3. Excess Fire Station Property - Tax Credit Housing would be addressed immediately before recessing to the Economic Development Authority meeting. Sweeney/Amundson moved to approve the agenda as modified. Motion carried unanimously. The following additions were made to the Consent Agenda: 14.B. Youth Initiative Bill/Governor's Environmental Legacy, and 15.B.1.c. Station No. 2 Radio Equipment. The following items were removed from the Consent Agenda: 15.B.1. Purchase of Equipment for Fire Station No. 2: a)Audio/Visual Equipment, b) Wiring/Telephone System, c) Station No. 2 Radio Equipment, and 15.E.1. First March Meeting - Date Change. DuBois/Amundson moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Brekke gave the Mayor's Report. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. Jeff Miller, 2308 Promise Avenue, approached the podium. He provided a report regarding County Road 17 and the realignment of County Road 42 for Council's review. He also requested that the City Council draft a letter for the February 17, 1998, County meeting which states the City's opinion regarding the realignment. Cncl. Sweeney explained that the February 17 meeting would be a committee meeting in which recommendations will be made to the following County Board Meeting. Official Proceedings of the February 3, 1998 Shakopee City Council Page -2- Discussion of item 15.E.3. Excess Fire Station Property - Sale was taken out of the regular order on the agenda. Mark McNeill reported that the Councilmembers attended a neighborhood meeting (regarding the proposed tax credit housing on the excess fire station property) in which concerns such as highway noise, safety for children, property values and traffic issues were discussed. No action was taken as this was not a regular City Council meeting. Part of the financing for this project would come from Low Income Tax Credits, which is a program with an application deadline of February 12. Mr. McNeill said there were a few unresolved issues related to the proposal and traffic noise. He also said that staff has been researching what can be done regarding traffic noise. Bruce Loney explained that the noise issue relates to the property west of the Fire Station site. He said that Mn/DOT has an indirect source permit for the Trunk Hwy 101 project. He questioned the time frame in which Mn/DOT is responsible for mitigating highway noise which would affect the point at which the City and developers become responsible on new developments approaching the highway. He said he would be contacting Mn/DOT regarding a possible noise violation, and who would be responsible if there is, in fact, a violation. There is an area of approximately 1500 lineal feet to be bermed or a wall constructed. Bruce Loney said the estimated cost of an earth berm is $50,000 and $130,000 to construct a noise wall. Further meetings with Mn/DOT are needed as their initial reaction was that this was not their responsibility. He suggested that Mn/DOT might conduct a study to determine whether or not there is a noise violation, at which time a discussion as to who will pay for it and how it will be resolved would take place if there was a noise violation. A discussion regarding other developments along highways, noise abatement, and responsibility ensued. Staff will pursue this issue. Mayor Brekke asked if there was anyone present in the audience with any new information to share regarding the proposed housing. Wayde Johnson, 2547 Onyx Drive, approached the podium and stated that a letter of petition was circulated around the neighborhood which currently has approximately 70 signatures in opposition to the development. He spoke on behalf of those present, summarizing issues discussed. He said there was concern that if the project moves forward, the chances of noise abatement might be reduced in the future. Questions relating to traffic and whether or not this is an area for families with children, as well as the distance to shopping and or retail businesses were raised. Other issues included adequate indoor and outdoor parking concerns, whether this is the best or highest use of the land, land values in the neighborhood, and whether this was in the spirit of the original purchase of the property. Official Proceedings of the February 3, 1998 Shakopee City Council Page -3- Mr. Johnson said the biggest issue is that the land is City-owned so the neighborhood should have a greater voice in the use of the land. Gregory McClenahan, EverGreen Real Estate Development Corporation, Prior Lake, approached the podium. He said that the people that will live here are similar to those in other rental developments in Shakopee. He emphasized proper maintenance and good management of the property and the fact that it would be a good neighbor to the surrounding neighborhood. He provided studies relating to the market value issue and the impact on market values in areas surrounding similar developments The conclusion was that there was no impact on market values. He said the more important things to look at are the quality of construction, maintenance and management of the property. In response to concerns relating to the highway, he said the development would be significantly away from major roads and did not see this as an element of risk. He said fencing could be added if this was a concern. The fact that there are needs for the dirt and it adds value to the property which frees up funding for the day care center that would otherwise not be available. Mark McNeill noted additional changes in the purchase agreement and recommended they be incorporated if any action is taken. A discussion relating to concern of what would happen should the buyer not close, the dirt is gone, and the City then needs the dirt for potential berming along the bypass. Mark McNeill said that the City's focus is on making this parcel developable which requires removal of the excess dirt. Approximately 10,000 cubic yards of dirt are needed for a berm and there are approximately 140,000 yards of dirt on the site. Bruce Loney said there is value in the dirt. However, that value is determined by the cost of moving the dirt as the cost of trucking the dirt is usually more per yard than the actual cost of buying it. Mr. McNeill said that regardless of what happens with Seagate, Valley Green would still be interested in the fill for future development purposes. Jon Albinson approached the podium and explained that from a developer's point of view the parcel is not worth the asking price based on the cost to remove the dirt. He said that the excess dirt is high quality berm soil and said that the issue for Valley Green is if the project does not move forward they would still like to grade the property down so it could be sold to someone else. However, he said it would be important to make sure that the grading plan for the site could be used for a variety of possible developments. Sweeney/Amundson moved to direct the Mayor and City Clerk to execute the Purchase Agreement for the sale of the excess fire station property, incorporating modifications indicated by Mark McNeill's memo. A discussion ensued regarding the need for affordable housing. Official Proceedings of the February 3, 1998 Shakopee City Council Page -4- Cncl. Sweeney said that the City has a responsibility to provide affordable housing and that there is a need for affordable housing in Shakopee. Cncl. Amundson said that the City has an obligation to provide affordable housing and does not need to invest its dollars into it. Also, it is important to remember that this development is for working people upon which credit and background checks will be conducted. Cncl. Link proposed questions relating to the City's strategy regarding subsidized housing; what the status of the City's inventory of low income and subsidized housing is; what is the City's goal and how many units are there; and finally, what is the City's 5-year strategy plan as far as achieving low-cost housing and how does this project fit our goals? He then asked if the City is meeting the Livable Communities Act. Without answers, it is hard to make a decision. He realizes that there is an obligation for affordable housing, but is this the right site? Cncl. DuBois expressed concern for future land costs should the City need to build a new police station and said she did not feel this is a good spot for this project. Mayor Brekke discussed the changes that have occurred in this neighborhood over the last five years and said he did not believe this project would impact property values as the construction, maintenance, and management plans for this project are the keys to success. He said the development will not block views, smell bad, be noisy, or generate any more police calls per unit, statistically, than that of a single family residential development. He stated that studies have found that projects done right will not detract from the value of surrounding properties. In response to a question relating to the City making a profit on this property, Cncl. Sweeney explained that the amount of money that was subtracted from the bonding ($325,000) as it was not being used for the fire station was paid out of the General Levy and will be replaced on a dollar for dollar basis. The difference remaining is a $40,000 assessment which the City is also paying as part of the purchase agreement. Gregory McClenahan approached the podium and said that he was familiar with an H.R.A. study which reinforced the need for affordable housing in all communities in Scott County. He said an inventory was of all multi-family rental developments down to four-plexes. The information included market rate, senior and subsidized housing and is available through the H.R.A. A discussion ensued relating to the need and Shakopee's obligation to provide affordable housing in relation to the other communities in the county. Official Proceedings of the February 3, 1998 Shakopee City Council Page -5- Mary Pat approached the podium and said the people she works with need low income housing and assistance. She said 12 of 15 have some type of aid to help with rent. She said there isn't as large a need in Shakopee as there is in other communities. She said if you live in Shakopee you can get the aid. Motion carried 3-2 with Cncls. Link and DuBois opposed. A recess was taken at 8:12 p.m. for the purpose of conducting an Economical Development Authority meeting. The meeting re-convened at 8:20 p.m. DuBois/Amundson moved to approve the minutes for January 20, and January 24, 1998. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to approve the bills in the amount of $197,191.78. (Motion carried under the Consent Agenda.) The public hearing on the Modification of the Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 and a Tax Increment Financing Plan for a proposed economic development district within the Project was opened. In response to EDA Pres. Link's request, a summary of costs and benefits for the City related to the Seagate project was provided. Paul Snook said that storm sewer trunk fees of$296,000 and engineering and grading fees of $200,000 are revenues that will not be realized by the City. Other project costs incurred by the City will be the improvement of the Canterbury access road at $500,000. Benefits include property taxes attributable to the Seagate project totaling approximately $30,000,000 in estimated market value. Also, after nine years, a marginal property (difficult to develop) will become viable in terms of property tax revenue. Utility revenue information was not available. However revenues are anticipated to occur over time. The land purchase, building construction, and machinery & equipment totaling $77,102,600 are directly attributable to facility development. Finally, the Seagate project is anticipated to create approximately 1200 new livable wage jobs upon completion of Phase II. While approximately 80 positions are anticipated to turn over due to attrition, 40 additional jobs will be created within Seagate's first 24 months in Shakopee, with the average annual pay estimated at$53,000. Seagate will increase the diversity of job opportunities, add significant new payroll in Shakopee, and will have an employment multiplier of 2.0 while increasing the development of new service and retail businesses. Seagate estimates that between 25 and 50 employees from other sites will be visiting the Shakopee facility at any given time. This means increased lodging at Shakopee hotels and the purchasing of other goods and services. Official Proceedings of the February 3, 1998 Shakopee City Council Page -6- Paul Snook discussed tax increment documentation, and said that the "but for" test is being met in that the site in question is characterized by soil and erosion problems and requires an assembly of parcels and replatting of a portion of a business park as well as the construction of a road and related improvements. He said this will be a"pay as you go"project with costs paid up front and (Seagate) reimbursed for eligible costs over time. If the development does not occur, the increment is reduced making fewer funds available for reimbursement. Phase I is anticipated to be completed by the end of 1998 with a total tax capacity of$899,000 by January 1999. The captured tax capacity as of January of 1999 is estimated to be $585,000, and the first tax increment is estimated at $773,000 payable in the year 2000. The captured tax capacity is expected to increase to $807,000 upon completion of Phase II. These estimates assume that commercial class rates remain at 4%of the estimated market value over$150,000. Roger Guenette, Advanced Resources for Development, approached the podium and said they concurred with the information Paul Snook presented. He said the company is prepared to move forward with the 260,000 square foot Phase I and looks forward to initiating the project. In response to concerns regarding losses for technology related firms, Mr. Guenette admitted that the market conditions could have been better than they were in the latter part of 1997. Only eight jobs were lost through attrition at Seagate's Twin Cities Operations division out of 200 lay-offs. He said that Seagate is a Fortune 200 company and is a major player in the technology field, and has been designated as a Blue Chip company by Dow Jones. Paul Snook reported that on January 22, 1998, the Planning Commission found the TIF Plan and related modifications to be consistent with the Comprehensive Plan. Cncl. Sweeney said the County Committee unanimously voted in favor of recommending passage of a resolution relating to the TIF Plan to the County Board. Mark McNeill explained that the City has been attempting to facilitate the acquisition of a 5.5 acre area owned by Mn/DOT which would then be sold as part of the development. He said there is indication that additional information on environmental issues is needed (on this 5.5 acre area). He said that because there is no conclusive evidence that these issues have been resolved, final approval on recommendation has not been given. A more in-depth review in Phase II is recommended. Seagate feels that this 5.5 acres is crucial. Because the City would be the acquiring agency, it is necessary to look to see if we are willing to accept future exposure, if any. Mark McNeill recommended contacting Mn/DOT to attempt to get them to take ownership as though they were the acquiring party. However, if Mn/DOT does not claim ownership he recommended that the Future Transportation Improvements section be modified to as much as $50,000 for any necessary environmental modifications. He said that Phase II would be to determine significant costs. Mr. McNeill said that Valley Green has a consultant on standby and the City would likely work with that consultant in order to do this in a timely manner. Official Proceedings of the February 3, 1998 Shakopee City Council Page -7- Paul Snook explained that Phase 1 is a record of the environmental issues and that in Phase 2 samples are taken. Mayor Brekke asked if there was anyone in the audience who wished to speak on the matter. Ed Lawrence, a Shakopee resident, approached the podium and warned that technology moves very fast. He said that as a small businessman he has no interest in increased traffic and increased property taxes to pay for the increased services needed for Seagate. He said he did not think that the anticipated number of employees in the Bloomington facility would actually move to Shakopee and or shop here. He said the most important thing is that the taxpayers will experience up-front costs. He likened this situation to buying futures nine years in advance. Having no other interested citizens the public hearing was closed. Sweeney/Amundson offered Resolution No. 4835, A Resolution Approving the Tax Increment Financing Plan for TIF District No. 11, Modification to the Boundaries of TIF District No. 1, and a Modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1, and moved its adoption. Cncl. Sweeney reminded everyone that the only City funds at risk are $500,000 to improve Canterbury Road. He said the other items are revenues from the project fees that the City will not be collecting. Motion carried unanimously. Sweeney/DuBois moved to direct staff to take the necessary steps to obtain a Phase II evaluation of potential pollution possibilities on the Mn/DOT site, and in the event the City is ultimately required to pay this, that the Tax Increment Financing line item be modified to take the cost out of the "Future Transportation Improvements". Motion carried unanimously. A recess was taken at 9:12 p.m. The meeting re-convened at 9:24 p.m. The public hearing for the Vacation of a Drainage and Utility Easement between Lot 5 and Lot 6, Block 4, Timber Trails was opened. Michael Leek explained that the two lots have previously been combined into one through the City's minor subdivision process. As a result, the drainage and utility easement is no longer required. The Planning Commission has reviewed the request and recommended approval of the requested vacation. Official Proceedings of the February 3, 1998 Shakopee City Council Page -8- Mayor Brekke asked if there were any interested citizens who wished to address the City Council on this issue. There was no response and the public hearing was closed. Link/DuBois offered Resolution No. 4839, A Resolution of the City of Shakopee Vacating the Drainage and Utility Easement Located on the Easterly 10 Feet of Lot 6 Block 4, Timber Trails, and the Westerly 10 Feet of Lot 5, Block 4, Timber Trails,Except the Southerly 10 Feet Thereof, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. The public hearing for the Vacation of a Portion of Secretariat Drive Right-of-way was opened. Michael Leek explained that this request is the result of replatting by Valley Green and the proposed Seagate project. The Planning Commission has reviewed the request and recommends approval subject to conditions incorporated in the resolution accompanying the report. Item 3.A. relating to the easement was deleted in the revised original Resolution. Jon Albinson, Valley Green Business Park, approached the podium and explained that replatting requires the vacation of a street that was never built and the removal of a drainage and utility easement from the old plat and the needed easement will be in the new plat. Having no further comments the public hearing was closed. DuBois/Sweeney offered Resolution No. 4840. A Resolution of the City of Shakopee Vacating Secretariat Drive as Dedicated in the Plat of Canterbury Park 2nd Addition Which Lies Westerly of the Northerly Extension of the East Line of Lot 1, Block 1, Canterbury Park Fourth Addition, According to the Plats Thereof, Scott County, Minnesota, and moved its adoption. DuBois/Sweeney moved to amend Resolution No. 4840 by deleting condition 3.A., providing Shakopee Public Utilities with a watermain easement within the right-of-way. Motion carried unanimously. Jon Albinson stated that even if the Seagate project does not happen, that they will proceed with the platting of the land. The main motion, as amended, carried unanimously. The public hearing for the Vacation of Easements in Canterbury Park 2nd and Canterbury Park 4th Additions was opened. Michael Leek explained that the request is to vacate drainage and utility easements platted with Canterbury 2nd and 4th Additions in anticipation of the replat of this property. He pointed out that the Resolution states that the vacation not to be effective until it has been replatted and filed Official Proceedings of the February 3, 1998 Shakopee City Council Page -9- with the Scott County Recorder's office. He said that this language may be deleted if no longer necessary. Mayor Brekke asked if there was anyone in the audience who wished to speak to the proposed vacation. Mr. Jon Albinson stated that he was available for questions. Having no further comments the public hearing was closed. Sweeney/DuBois offered Resolution No. 4841. A Resolution of the City of Shakopee, Vacating all of the Drainage and Utility Easements as Dedicated Over and Across Outlot A, Outlot C, Outlot D, Lots 1 and 2, Block 1, Canterbury Park 2nd Addition, and Also Lot 1, Block 1, Canterbury Park Fourth Addition According to the Plats Thereof, Scott County, Minnesota, and moved its adoption. Sweeney/DuBois moved to amend Resolution No. 4841 by striking condition 3.B., requiring the filing of the new plat prior to the resolution becoming effective. Motion carried unanimously. The main motion, as amended, carried unanimously. Mark McQuillan explained that the Minnesota Correctional Facility expansion will require the existing Boy Scout barn to either be moved to a new location or disassembled. He said state officials are looking into the possibility of securing state funding to move it to a new location. Scout leaders have identified Lion's Park as a possible location and discussed this with the Lion's Club. While the Lion's Club is supportive of this, they are concerned about its appearance in the park and how the nearby residents will react to locating the barn near their homes. He said while the barn is 75 years old, it is in reasonably good condition. Estimated moving and reconstruction costs will range from $61,000 to $171,000. Preliminary indications are the State of Minnesota could fund $80,000 to $120,000 if approved by the Legislature. Mr. McQuillan said the Park and Recreation Department would like the City Council to determine how involved the City should be with this project or, if this is something between the State of Minnesota and the Boy Scouts. He said there are many hidden costs and if the costs are not covered by the State of Minnesota, who will pay for them needs to be determined. The Park and Recreation Advisory Board recommended to the City Council that a feasibility study be conducted to determine if it is cost-effective to move the barn or to consider other alternatives. Cncl. Sweeney stated he would be abstaining from discussion and voting on this issue. In response to a question as to who maintains the building, Dennis Purcell, Assistant Scout Master, 2520 Marschall Road, approached the podium and said the Boy Scout Troop maintains Official Proceedings of the February 3, 1998 Shakopee City Council Page -10- the building and pays for insurance. He said this is a large building and power lines must be considered with a move. A discussion relating to estimating costs of moving the building up front so that the State of Minnesota would pay as much as possible ensued. Mark McNeill discussed a 2-phase approach. The first phase would involve a walk-through structural analysis and an estimate on the cost to move the barn, at a cost of$3,000 to $6,000. The second phase would be to obtain estimates to provide occupiable standards which would be an additional $5,000. Mike Huber, Assistant Scout Leader, approached the podium. He explained that if the State does not move the building,they will not be providing any funds. Mayor Brekke said the goal is to move the building and to have the State of Minnesota pay for as much as possible. The concern is that the analysis could not be completed before the Legislature meets on February 27. DuBois/Link moved to direct staff to hire an architect designer to conduct a feasibility study, not to exceed $7,000, understanding that the move of the Boy Scout barn would be to the Lion's Park location and that the City is a willing participant in moving this project along. Mr. Purcell stated that they wanted to lease the property from the City, not making it open to the public. A discussion ensued relating to Greystone's willingness to donate design time. Mark McNeill will coordinate communications with Greystone. Motion carried with Cncl. Sweeney abstaining. Mark McQuillan said a precedent exists where the City has leased property at Lions Park to a non-profit organization. Jim Thomson said that a feasibility study would be in order as the use of park property could involve a legal issue. DuBois/Amundson moved to direct staff to analyze a lease option for the Boy Scott barn at Lions Park. Motion carried with Cncl. Sweeney abstaining. DuBois/Amundson offered Resolution No. 4837, A Resolution Supporting the Passage of the Youth Initiative Bill Introduced Into the Minnesota Legislature, and moved its adoption. (Motion carried under the Consent Agenda.) Michael Leek explained that Orchard Park West was previously the subject of a PUD review. He said the preliminary plat proposes 171 units between single family and twin homes as opposed to 169 in the original PUD. However,the PUD resolution identifies net density as the controlling Official Proceedings of the February 3, 1998 Shakopee City Council Page -11- factor. In calculating the site area, he said the density cap is met. He reported that the conditions that were set have also been met. The Planning Commission reviewed the request and recommended approval subject to the conditions incorporated into the resolution. A discussion ensued regarding street widths. Michael Leek referred to Resolution No. 4728 which addresses private streets and parking requirements. In response to a question as to how there are two additional lots, Gary Laurent, Laurent Builders, 100 S. Fuller Street approached the podium and explained that when you go from a concept plan to an accurate plat, it becomes apparent that there is sufficient land to add two lots and still meet all the conditions of the final PUD approval. A discussion ensued relating to installation of infrastructure. Michael Leek explained that the Subdivision Ordinance, Chapter 12, provides for flexibility to improve grading and install improvements prior to obtaining preliminary plat approval. However, the developer must hold harmless the City if they choose to move forward. Sweeney/Amundson offered Resolution No. 4836, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat for Orchard Park West, and moved its adoption. Motion carried unanimously. DuBois/Amundson offered Resolution No. 4833, A Resolution Requesting the Commissioner of Transportation to Conduct a Speed Zone Investigation On Stagecoach Road (Formerly C.R. 18) from C.R. 101 to New C.R. 18, and moved its adoption. (Motion carried under the Consent Agenda.) Cncl. Sweeney was asked to address what would be happening at the next County Board meeting and whether or not the Council needs to have a position statement ready regarding the realignment of C.R. 42. He explained that the February 17 meeting is a Public Works/Human Services meeting and the outcome of discussions may result in a motion directing staff to perform an action or to forward approval of an action to the County Board, which they would then act upon. He said that any input the Council wished to make may be done at this time or at a special meeting sometime prior to the third Tuesday. He said if the Council wishes to draw the County Board's attention to their concern about the proposed routing, the County Board should be memorialized about the City Council's opposition to the proposed realignment of County Road 42. Sweeney/DuBois moved to memorialize to the Scott County Board the City Council's opposition to the proposed realignment of County Road 42 to the County Road 17/County Road 78 intersection. Motion carried unanimously. Official Proceedings of the February 3, 1998 Shakopee City Council Page -12- Bruce Loney reported there were several assessment appeals associated with the County Road (C.R.) 16 Sanitary Sewer and Water Sewer Service Project. He said settlements have been negotiated on several of the parcels for Council consideration. Settlement offers on 17 parcels are recommended for approval. The total amount of assessments was originally $321,021.47. The total proposed settlement is $276,453.32 or a difference of $44,568.15. The total assessment appeal settlement is $49,753.66 including interest, and staff is recommending Council consider these reductions. Sweeney/Link moved to approve the assessment settlements for the County Road 16 Sanitary Sewer and Water Sewer Service Project as proposed and direct staff to prepare the payments to the property owners, as listed on the settlement spreadsheet dated January 27, 1998, with payments to be distributed by the City Attorney. (City Clerk Document No. 258) Motion carried unanimously. Sweeney/Amundson moved to purchase the specified audio/visual equipment from Tierney Brothers Inc., for$18,507.37. Motion carried unanimously. Sweeney/Amundson moved to purchase wiring of telephone system from TDS Telecom, and purchase telephone system from Commworld for$3,955,plus tax. Motion carried unanimously. Sweeney/Amundson moved to authorize the purchase of base station radios and related equipment from Emergitek at a price not to exceed $4,553.06 for the new fire station. Motion carried unanimously. Michael Leek requested approval of a job description for, and authorization to create and fill the Planning Technician position. He said the driving force on this is to move quickly to make the transition to GIS and to the inspection software. DuBois/Link moved to approve the job description for the Planning Technician as presented and authorize the Community Development Director to proceed with recruitment for the position. (City Clerk Document No. 259) Motion carried unanimously. DuBois/Link moved to adopt Resolution No. 4838, A Resolution Amending Resolution No. 4799, Which Adopted the 1998 Pay Plan for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. A discussion ensued as to a change in the date for the first March meeting. Cncl. Sweeney will contact Shakopee Public Utilities to see if they might move their meeting time and will report back to Council. Official Proceedings of the February 3, 1998 Shakopee City Council Page -13- DuBois/Amundson moved to approve the application and grant a temporary on-sale liquor license to the Church of Saint Mark, 350 S. Atwood for February 21, 1998. (Motion carried under the Consent Agenda.) Gregg Voxland approached the podium and explained that the Council dropped worker's compensation insurance about five years ago. However, he said that since then, the cost has come way down. He said the League is offering, from a private broker, accident insurance which is cheaper than worker's compensation. The cost for the accident policy is $12.75 per person and the cost for worker's compensation is $70.00 to $95.00 per person. The accident policy was not recommended because of the lower benefits. Sweeney/DuBois moved not to take out accident insurance or worker's compensation insurance for City Council and Boards and Commissions. Motion carried unanimously. Judith Cox, City Clerk, explained that a number of terms for Boards and Commissions will expire the end of February and copies of all interested candidate applications were provided to Council in order to make nominations. She said it is also appropriate for the Council to decide whom they would like to have serve on an interview committee to interview candidates for recommendations to the Council. In the past the interview committee has been comprised of the City Administrator and two Councilmembers. In addition, an application was received from a City employee. Ms. Cox explained that both the City Code and the Guidelines for Appointments to Boards and Commissions currently preclude a City employee from serving on a Board or Commission. Does City Council wish to revisit these policies? Mayor Brekke recommended the appointment of Clete Link, Deb Amundson, and Mark McNeill to the interview committee. Sweeney/DuBois moved to accept Mayor Brekke's appointment of Clete Link, Deb Amundson, and Mark McNeill to the interview committee. Motion carried unanimously. Sweeney/Amundson moved to nominate all the candidates who have applied for various Boards and Commissions. Planning Commission/Board of Adjustment and Appeals: Terry Joos, Larry Meilleur, Gary Morke, Burl Zorn, Dave Limberg, Michael Burville,Patricia Langdon, and David Pass; Park and Recreation Advisory Board: Sean Laughlin, Rick Friedrichsen, Burl Zom, and David Pass; Shakopee Public Utility Commission: Burl Zorn, Andrew Unseth, Patricia Langdon, Joan Lynch and Mark Miller; Police Civil Service Commission: Burl Zorn, Ron Ward, and Steven Johnson; Cable Communications Advisory Commission: Gordy Goetzman, Jim Bastyr, and Don McNeil; Official Proceedings of the February 3, 1998 Shakopee City Council Page -14- Shakopee Community Access Corporation Board of Directors: Gordy Goetzman, Jim Bastyr, and Don McNeil; Building Code Board of Adjustments and Appeals/Housing Advisory & Appeals Board: James Link, Dave Limberg, and Michael Burville. Motion carried unanimously. Sweeney/DuBois moved to eliminate the Ad Hoc Library Board as a Commission, at this time. Motion carried unanimously. A discussion ensued relating to the Transit Board advertisements. Michael Leek suggested that all the applicants for various Boards and Commissions also be asked if they are interested in the Transit Board. Sweeney/Amundson moved to direct the City Clerk to advertise for members interested in the Transit Board. Motion carried unanimously. Sweeney/Link moved to direct staff to prepare an Ordinance change that would allow City employees to serve on City Boards and Commissions. Motion failed unanimously. Mark McNeill reported that Daniel T. Hughes be appointed as Police Chief for Shakopee. He said Mr. Hughes is currently the Captain of the Burnsville Police Dept. and comes highly recommended. He said terms of employment have been discussed and reviewed by the City Attorney and added that the candidate requested he be able to start with 15 days or 120 hours of vacation on the books. In compensation for this change he agreed to a reduction of sick leave to 15 days from 30 days. For insurance purposes it was recommended that he start March 1 rather than March 2. DuBois/Sweeney moved to appoint Daniel T. Hughes as Shakopee Police Chief, effective March 1, 1998. Motion carried unanimously. Link/Amundson moved to authorize the execution of the Terms of Employment for Daniel T. Hughes, as amended. Motion carried unanimously. DuBois/Amundson moved to waive the 30 day review period for the application for exemption from lawful gambling license by Hope For Holt, Inc. for a raffle on May 16, 1998, at Shakopee Community Recreation Center, 1255 Fuller Street. (Motion carried under the Consent Agenda.) Mark McNeill requested that Council adopt a job description for an Accountant III position and authorize its advertisements to fill a vacancy. The recommended salary range is from $38,750 to $48,437 as non-exempt in an exempt Pay Grade L. He said this position would be non-exempt as very little over time is anticipated in this position. Official Proceedings of the February 3, 1998 Shakopee City Council Page -15- DuBois/Link moved to adopt the proposed job description for Accountant III. (City Clerk Document No. 260) Motion carried unanimously. DuBois/Sweeney moved to authorize the advertisement of the Accountant III position, with a salary of between $38,750 - $48,437, with starting salary to depend on qualifications. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 4838, A Resolution Amending Resolution No. 4799, Which Adopted the 1998 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. Mark McNeill reported that a tentative site has been identified for a future 20 acre school site. As additional green space is desirable. It is recommended that 30 to 40 acres be available for a school site. He said it would be in the best interest in terms of school tax dollars and future park dollars to consolidate at a single location, if possible. A potential park site of 20 acres could then be sought by the City through normal dedication of park property as adjacent properties develop. Council endorsement of this concept is requested before the School Board takes further action. Amundson/Link moved to endorse the concept of a joint school/park site for the school site, tentatively located in the vicinity of St. Francis Regional Medical Center. Motion carried unanimously. Mayor Brekke recessed the meeting at 11:01 p.m. for an executive session to discuss matters permitted under attorney-client privilege. Mayor Brekke re-convened the meeting at 11:19 p.m. No action was taken by City Council during the executive session. Sweeney/Amundson moved to adjourn to Tuesday, February 17, 1998, at 7 p.m. Motion carried unanimously. 11111k. kkLtstk, r .0‘?( go.ith S. Cox City Clerk Esther TenEyck Recording Secretary CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: February 11, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 02/11/98 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-xxxx) and Blocks 3&4 (code 9439 & 9447) in the amount of $1, 262 .46 . Action Requested Move to approve the bills in the amount of $453 , 046 . 67 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 02/11/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 65,330 86 6,460 10 12 CITY ADMINISTRATOR 225,000 5,983 17,774 8 13 CITY CLERK 182,430 7,299 16,507 9 15 FINANCE 326,090 12,457 31,666 10 16 LEGAL COUNSEL 253,500 0 37,822 15 17 COMMUNITY DEVELOPMENT 474,700 17,513 30,924 7 18 GENERAL GOVERNMENT BUILDINGS 153,890 6,157 8,750 6 31 POLICE 1,786,920 58,741 145,807 8 32 FIRE 462,560 1,210 8,032 2 33 INSPECTION-BLDG-PLMBG-HTG 261,400 8,400 18,914 7 41 ENGINEERING 442,010 13,853 30,463 7 42 STREET MAINTENANCE 828,580 22,068 45,487 5 44 SHOP 125,890 6,861 10,722 9 46 PARK MAINTENANCE 373,940 10,468 21,591 6 91 UNALLOCATED 635,480 442 68,876 11 TOTAL GENERAL FUND 6,617,720 171,538 499,796 8 17 COMMUNITY DEVELOPMENT 485,570 7,176 10,561 2 TOTAL TRANSIT 485,570 7,176 10,561 2 19 EDA 156,600 1,844 4,269 3 TOTAL EDA 156,600 1,844 4,269 3 ri , m . tn RI a a Ar AU11aaaaaaaaaaaaa as a s as aaaaaaaaaaaaaa a s H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H C4 W Ow a£ E 0 z U1 Lf) W CO 00000 CO O x000 CO CO CO co m Men a000 U 01 CN 01 01 01 01 01 01 01 01 01 01 01 r-IH 01 a1 H 01 \\\\\\\\\\\\\ CO CO O N N CO 0 0 CO CO 0 03 ao 0 0 CO 0 CO 0 H O Cr ri ri H ri H H H ri ri ri H H ri Cs N in 0 O 01 01 01 01 a1 a) 01 01 01 01 01 01 01 01 L11 Lf1 0000000000000 in00 \\\\\\\\\\\\\\ In UI \\\\\\\\\\\\\ ri r1 10 U) N ri H H H H H r-i H ri H ri ri H H W U) H O N N N N N N N N N N N N N Q Q W 0 H H \\\\\\\\\\\\\\ W 0 0 0000000000000 G.Lr. m O U1 U1 NNNNNNNNNNNNNN m O H HHH riH HrIHH HI-IHH til.4. a) N U)O H HHHHH HH r-1 ri ri ri r4 VD m H E CO m In M M M In Mmm on on rnon 0003 N ao co 01 r)fn M lnm on M M M MMM L` CO co gC4 H rV rA ri ri riHH riHHH HH HH H H MLS rHHHriH ri H ri ri ri ri ri r.4 ri H H W N Cr Cr sr Cr Cr C'Cr t'CC.Cd'Tr NN N N CrCI C'W WCr.4.Cr Cr Cr Cr TrCCrC'N N N 0 01 I I I i 1 1 1 1 1 1 1 1 1 I 11 I 1 I I I I I I 1 1 1 1 1 I I 1 1 1 I I O Z N 0 0 0 0 0 H 0 0 0 0 0 0 0 N N N N H O O O O O O ri O O O O O O O N N N U'Q ri N Ln U)L`a001r-1 MHN CrNU) HH H ri HH NIh U1Csa001 ri MHN Tr H H rI4'Z 01 H ri ri ri ri H fn fn C'Cr C'LD Ls 01 01 O1 CA N N H H ri H H H 01 M C C'Cr LO N 01 01 01 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O T 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W W .1 CA W W Z Z W 4 N H a aw PC o w al al xa a r1 H W W W W W W W W W W W W W a U A; W W W W W W W W W W W W W W -- a 4.44444444 r.waa.a.4.4.a. ,a g4 x 4~4.4.4.44wa4444az.a.a=.4.4. 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H .7 E HHH H a U) a] a A E 64 H w m H w KC 2 3 a U1 GQ E A E X v] W C 0 Z M• ID N N H e}' U H a D a W g w p; 0 a+ rn rn rn oCi H 0 W W z Cl) C7 E W H H H H U H Cl E a] N CG a H W U W H U) (r) U) ID C` H N 01 0 0 0 0 0 0 0 (> 0 H H N N N N N C') f+) U) H f') C' U) 00 cr. 0 H H M M Cn C') e' C' a' •C N N N N N CO I H �t 4t 4t 3t 3t k 4t 4t 4t Xt it 4t k 3t �t Xt U A A A A A A A A A A A A A A A A A Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 0 A A D DD A A D A D D D D D D D C) w w w rx, w cx., w w w w w a. w w w a. w 13 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 1998 Reconstruction,Project No. 1998-1 DATE: February 17, 1998 INTRODUCTION: Attached is Resolution No. 4843, a resolution ordering the improvement and preparation of plans and specifications for Project No. 1998-1 for the reconstruction of the following streets: • 5th Avenue, from Scott Street to Holmes Street • 6th Avenue, from Scott Street to Spencer Street • Fuller Street, from 6th Avenue to 5th Avenue • Sommerville Street, from 6th Avenue to 5th Avenue BACKGROUND: On October 7, 1997, the City Council adopted Resolution No. 4761, ordering the preparation of a feasibility report for improvements to the above listed streets. The feasibility report has been completed and submitted to City Council on January 20, 1998. At that meeting, Resolution No. 4826, a resolution receiving a feasibility report and calling for a public hearing was approved and set the public hearing for February 17, 1998. The proposed project consists of a complete street reconstruction, including the replacement of the sanitary sewer, street pavement, curb & gutter and sidewalks on the above listed streets. At this time, the Shakopee Public Utilities Commission (SPUC) has reviewed the watermain system on these streets and has decided not to replace any existing watermain within the project area. SPUC has decided to install new watermain on 6th Avenue, from Holmes Street to Spencer Street to remove long water service lines in this area and to repair valves and hydrants in the existing watermain area. Staff will give a presentation of the project improvements included in the feasibility report at the public hearing. Staff did conduct in informational meeting on February 10, 1998 to the affected property owners, in which 21 persons attended. STAFF WOULD REQUEST THAT COUNCIL BRING THEIR FEASIBILITY REPORT TO THE MEETING. At this informational meeting comments on the project were generally favorable with the following concerns mentioned by those in attendance: • Concerns on the diagonal parking on 6th Avenue adjacent to the School District block. The concern was if the School District has long term overall plans and how this diagonal parking would fit in their operations. • Concern on the sidewalk on 6th Avenue, from Sommerville Street to Spencer Street, adjacent to a property in which the garage is very close to the City right-of- way line. • Concern on the number of blocks of reconstructed street open at one time and the construction timing of the project. • Concern on the existing watermain and watermain service being left in place and not replaced with this project. Staff will comment on these further with the presentation at the public hearing. At the conclusion of the public hearing, if City Council determines that this project should be constructed, attached is Resolution No. 4843 which order plans and specification prepared for the project. The purpose of the street reconstruction project is to replace the existing infrastructure that was constructed in 1920, 1930 and 1940 on these street blocks, and also to provide diagonal parking adjacent to the Scott County Courthouse blocks in order to provide additional parking in this area and help to alleviate some of the parking concerns in the neighborhood. The County Courthouse site is being expanded by the new Justice Center building and it is anticipated that this building and its new parking lots will be completed by October, 1998. If this project were to proceed, staff is proposing to complete the design and begin construction in June, with an October, 1998 completion similar to the County Courthouse project. Other reasons for reconstructing the streets in the project area is to complete the streets adjacent to St. Mary's church and school as requested and to rebuild 6th Avenue from Fuller Street to Holmes Street to a collector street structural strength, since this block is now the collector street route with the closing of Fuller Street. Staff did discuss the replacement of watermain with SPUC at their February 2, 1998 meeting. Attached to this memorandum is a memorandum sent to Lou Van Hout, Utilities Manager, on this subject. This memo is intended to provide cost analysis on the future restoration costs that could potentially occur by the utility, if the watermain is replaced in the future prior a future major street reconstruction. Staff believes with the installation of a new sewer system, the sewer system should be intact for 75 years. With the new methods of milling and overlaying of street pavements, the total reconstruction of a street may not be necessary for several years. SPUC's decision was based on the fact that they have limited funds for watermain replacement, no policy in place for watermain replacement and no dedicated funding mechanism for watermain replacement. Staff does not believe it is prudent to proceed with this project by upgrading all infrastructure and leaving the watermain which ranges in age of 58 to 70 years old unless there is an ordinance or policy established on future street curs due to watermain repairs or replacement. The League of Minnesota Cities has prepared a Draft Right-of-Way Ordinance which establishes control of the right-of-way and charges to utilities for damages to the City's infrastructure while maintaining their facility. This ordinance allows Cities to charge for the reduced salvaged value of the street as well as restoration costs. However, this is a Council policy decision and if Council wishes to proceed on this project due to reasons mentioned previously, then adopting Resolution No. 4843 is in order. ALTERNATIVES: 1. Adopt Resolution No. 4843, which orders plans and specifications for this project as recommended by the feasibility report. 2. Adopt Resolution No. 4843, which order plans and specifications for this project as recommended by the feasibility report and as amended by City Council. 3. Determine that this project should not be constructed and deny Resolution No. 4843. 4. Table Resolution No. 4843 for additional information. RECOMMENDATION: If Council desires after public testimony and reasons mentioned previously to proceed with this project, then Staff recommends Alternative No. 1, to adopt Resolution No. 4843 and order plans and specifications prepared for this project. If Council does not want to proceed, then Staff recommends Alternative No. 3, to deny Resolution No. 4843 and not move forward with the project at this time. ACTION REQUESTED: Offer Resolution No. 4843, A Resolution Ordering the Preparation of Plans and Specifications for the 1998 Reconstruction Project No. 1998-1 and adopt or deny its adoption. 'truce Loney Public Works P irector BL/pmp MEM4843 CITY OF SHAKOPEE Memorandum TO: Lou Van Hout, Shakopee Public Utilities Manager FROM: Bruce Loney, Public Works Director SUBJECT: Watermain Reconstruction Analysis DATE: January 16 1998 The City of Shakopee and Shakopee Public Utilities Commission's staff has met to discuss the watermain replacement or repair work for the 1998 reconstruction feasibility report. It has been indicated to us that perhaps most of the watermain would be left in place with repairs only to hydrant leads, valves and other areas as needed. This memorandum is intended to provide information as to consideration on watermain replacement lines in this project area. The Engineering staff has done preliminary cost estimates based on the 1996 Reconstruction Project for a total replacement per block, repairs as done on Shakopee Avenue per block and the potential restoration costs for the utility when the watermain is replaced. With the reconstruction project, the City is proposing to install a modern day sewer system that will have a greater life than the previous estimated 50 year life for clay tile pipe. In fact, it is hoped that the City will not have to excavate its street area for at least 75 years. The City's Pavement Management Program would consist of overlaying the pavement, milling and overlaying, replacing curb with patching but it should not include a wholesale removal and excavation of the entire pavement sections as being required in the 1998 Reconstruction Project. With that in mind, the calculations per block for the various watermain improvements as estimated by City staff are as follows: 1. Total replacement of watermain is estimated to be $10,000 to $12,000 per block. 2. Repair of hydrant lead, gates valves and connection points is estimated to be $2,000 to $3,000 per block. 3. Future restoration costs per block if watermain replacement is totally done is estimated to be $15,000 to $20,000 per block. It should be noted that these estimates are in today's dollars for purpose of analysis. Attached to this memo is a cost estimate for the restoration costs for a typical block of watermain reconstruction. As you can see the vast majority of costs will be in replacement of curb &gutter and sidewalk as well as replacing bituminous pavement. In a typical mill and overlay project, most of these costs would not be incurred except if the watermain were to be replaced. A couple of other items that City staff desires SPUC to consider in watermain reconstruction is the difficulty in installing new sanitary services and or sanitary sewer mains under the existing watermain that is currently cast iron with lead joints. Although this work can be done, there can be no guarantee that in 2 to 3 years after the work is done, that the watermain pipe had been disturbed enough to cause a watermain break or leak in that area. This memo is to provide information to SPUC for consideration of its watermain replacement policy. If you wish to discuss this further, please call me at your convenience. ' Q1,) Bruce Loney Public Work Director BL/pmp WATER RESTORATION COSTS FOR TYPICAL BLOCK WATERMAIN RECONSTRUCTION Each Service 80 S.F. Sidewalk, Remove and Replace 16 L.F. Curb & Gutter, Remove and Replace 32 S.Y. Sod 44 S.Y. Bituminous, Remove and Replace(Long Side Only) 50 L.F. Saw Cutting Block Watermain 380 L.F. x 18' Wide= 760 S.Y., Remove&Replace 450 L.F. Saw Cutting Hydrant, Remove&Replace 80 S.F. Sidewalk, Remove&Replace 16 L.F. Curb & Gutter, Remove&Replace 32 S.Y. Sod Note: Typical block has 10 services and 1 hydrant 1. Remove Sidewalk- 880 S.F. @ $0.50/S.F. = $ 440.00 2. Remove Curb& Gutter- 176 L.F. @ $2.50/L.F. = $ 440.00 3. Remove Bituminous - 980 S.Y. @ $2.00/S.Y. = $ 1,960.00 4. Sawcutting - 700 L.F. @ $2.25/L.F. = $ 1,575.00 5. New Sidewalk- 880 S.F. @ $2.50/S.F. = $ 2,200.00 6. New Curb & Gutter - 176 L.F. @ $9.00/L.F. = $ 1,584.00 7. Bituminous Patching- 980 S.Y. @ $11.50/S.Y. = $11,270.00 8. Sodding- 352 S.Y. @ $2.00/S.Y. = $ 704.00 TOTAL PER BLOCK $20,173.00 � , -- --------- ~ / | _-___ - --____-__ -_-_���� i II � . / 1 I.', | !' \ i\ | ' | ~ | } || \ � --- \ / | r / ' |' '' i. I /- __________-_-_ _ ____________��� } | ! -------'------- ' ' . RESOLUTION NO. 4843 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For The 1998 Reconstruction Project No. 1998-1 WHEREAS, Resolution No. 4826 adopted on January 20, 1998, fixed a date for Council hearing on the proposed improvement of the 1998 Reconstruction Project - 5th Avenue, from Scott Street to Holmes Street; 6th Avenue, from Scott Street to Spencer Street; Fuller Street, from 6th Avenue to 5th Avenue; Sommerville Street, from 6th Avenue to 5th Avenue all by reconstruction of street, curb & gutter, sanitary sewer, storm sewer, watermain, sidewalk and appurtenant work; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 17th day of February 1, 1998, at which all persons desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is ordered as hereinafter described: 1998 Reconstruction Project - 5th Avenue, from Scott Street to Holmes Street 6th Avenue, from Scott Street to Spencer Street; Fuller Street, from 6th Avenue to 5th Avenue; and Sommerville Street, from 6th Avenue to 5th Avenue, Project No. 1998-1 by reconstruction of street, curb & gutter, sanitary sewer, storm sewer, watermain, sidewalk and appurtenant work. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1998-1 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk February 15, 1998 Mayor Jon Brekke City Hall Shakopee,MN 55379 Dear Mr. Brekke, We are residents of 220 5th Avenue West in Shakopee. We recently received a letter informing us of an informational meeting and a city council meeting scheduled to discuss the sewer/water upgrade in the area around the Justice Court. We have chosen not to go to either meeting because to do so would be very frustrating and most likely make us angry. Instead,we are writing you this letter to inform you of our feelings about the project. We are writing to you because we admired your actions on the planning commission.We were impressed by your willingness to speak out at the planning commission and attempt to get a retraction of the commission's original recommendation to vacate Fuller,which was based on the very limited information they had at the time. When the city council was `considering' whether or not to vacate Fuller,we were very active. We attended meetings when we could, spoke out at the meetings and followed the proceedings on television when we could not attend. Throughout the entire process we felt that there were 2 different agendas going on,the public agenda and the behind-the-scenes agenda. Even though there were public meetings and both the county and city officials appeared to care what the citizens wanted,the officials had already made up their minds and were just going through the process. That is the way we feel about this new sewer project. Our gut feeling is that these upgrades to the systems have to be done because of the new justice court. Therefore,the taxes should be picked up totally by the county or the entire city of Shakopee should be assessed a portion of the tax. These taxes should not be assessed solely against the homeowners/businesses surrounding the justice court,but by all the people in Scott County and Shakopee who will benefit from the new building. We do not mind paying our fair share of taxes,but we don't want to pay a disproportionate amount because the city council of Shakopee was bullied into that building. We have already lost a very nice view from our picture window,lost all our parking space in front of our house during the day,and possibly experienced devaluation of our home. In addition to that,we don't want to pay for a project that we were against in the first place. We do not object to the Justice Court where it is, although we think the whole county would have been better served if it were somewhere more centrally located outside of Shakopee. We did,and still do,object to the vacation of Fuller and resent any increase to our tax base because of it. We feel very strongly that the minds of the members of the city council have already been made up. We feel we need to let you know,that we know,that no matter what,we will be assessed at whatever rate the city council deems necessary. We urge you to look at the fairness of this taxation and just exactly why the upgrade has to be done. If it truly has nothing to do with the new justice court and the vacation of one of our main feeder streets,then we stand corrected. Very truly yours, Connie and es Heine rOtitivvZ A r7-9� - C?N Kst.�. RESOLUTION NO.4846 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY/FINAL PLAT FOR CONKLIN ADDITION WHEREAS,Conklin Company,Inc. is the applicant and owner of said property;and WHEREAS,the property upon which the request being made is legally described as: Lot 1, 2, and 3, VALLEY PARK FIRST ADDITION and that part of the West 200.00 feet, as measured at right angles to the West line thereof of the Southeast Quarter of Section 3, Township 115, Range 22, lying Southerly of the Southeasterly extension of the Northeasterly line of said Lot 1, Block 5, VALLEY PARK FIRST ADDITION, and lying Northerly of the Easterly extension of the Southerly line of Lot 3, Block 5, VALLEY PARK FIRST ADDITION, Scott County,Minnesota. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary and Final Plat of Conklin Addition on February 5, 1998, 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,TlIEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary and Final Plat for Conklin Addition is hereby approved subject to the following conditions: A. At the time building permit(s) are sought for Lot 2, Conklin Addition a storm water management or ponding plan will need to be submitted and approved by the City, and storm water trunk charges will apply consistent with adopted City policy. B. The following actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Approval of Final Construction Plans and Specifications by the City Engineer and Building Official. RESOLUTION NO. 4846 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIM/UNARY/FINAL PLAT FOR CONKLIN ADDITION Page 2 of 2 BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said plat for CONKLIN ADDITION. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 i:\commdev\cc11998\cc0217\p-fpconk.doc CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Preliminary/Final Plat of Conklin Addition MEETING DATE: February 17, 1998 INTRODUCTION Conklin Company has requested and applied for Preliminary/Final Plat approval of Conklin Addition. The Planning Commission reviewed the proposed plat at its February 5, 1998 meeting. A copy of the February 5, 1998, Planning Commission report is attached for your reference. CONSIDERATIONS The applicant's primary intent in this platting was to provide additional space for an expansion project of their existing business. In order to secure building permits, the city's Building Department could not issue permits in areas of combined platted and unplatted parcels. Staff recommended that since this plat is essentially reconfiguring property lines and combining parcels that Conklin already owned,park dedication fees not be assessed. The Planning Commission however, recommended park dedication fees be assessed on only that portion of unplatted land (7.684 acres) within the proposed plat. At $4,500/acre, this amounts to a $34,578.00 fee. The Commission recommended approval of Conklin Addition subject to the listed conditions in our staff memo, and the requirement that park dedication fees be assessed only on the unplatted land, due and payable at the time building permits are issued. Staff consulted the City Attorney regarding the park dedication. The attorney has advised that if the city is requiring the owners of this property (in cases of commercial and industrial land only) to subdivide the property, no park dedication fees can be required if each new parcel is five (5) acres or more in size. State law (M'innesota State Statute Sect. 462.352, Subd. 12) does not include such parcels within the definition of"subdivision." The resulting Conklin Addition plat will consist of two (2) lots greater than five acres in size. Therefore, city staff is again recommending to City Council that no park dedication fees be assessed in this plat. PLANNING COMNIISSION RECOMMENDATION The Planning Commission reviewed the plat request at its meeting of February 5, 1998, and recommended approval subject to conditions, with the added condition that park dedication fees to be assessed on the unplatted portion only, and that the park dedication would be due at time of building permit application. ALTERNATIVES 1. Approve the request for Preliminary/Final Plat approval of Conklin Addition, subject to original conditions. 2. Approve the request for Preliminary/Final Plat approval of Conklin Addition, subject to revised conditions recommended by the Planning Commission. 3. Deny the request for approval of the Preliminary/Final Plat for Conklin Addition. 4. Continue the request in order to allow the applicant and/or staff to submit additional information or make any necessary revisions. ACTION REQUESTED Staff recommends Alternative No. 1, and approval of Resolution No. 4846 a Resolution approving the Preliminary/Final plat of Conklin Addition. r afiz,e4x4 Tim Benetti Planner I i:\commdev\cc\1998\cc0217\p-fpoonlcdoc RESOLUTION NO.4846 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY/FINAL PLAT FOR CONKLIN ADDITION WHEREAS,Conklin Company,Inc.is the applicant and owner of said property;and WHEREAS,the property upon which the request being made is legally described as: Lot 1, 2, and 3, VALLEY PARK FIRST ADDITION and that part of the West 200.00 feet, as measured at right angles to the West line thereof of the Southeast Quarter of Section 3, Township 115, Range 22, lying Southerly of the Southeasterly extension of the Northeasterly line of said Lot 1, Block 5 Valley Park First Addition, and lying Northerly of the Easterly extension of the Southerly line of Lot 3, Block 5, Valley Park First Addition, Scott County, Minnesota. WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary and Final Plat of Conklin Addition on February 5, 1998, and has recommended its approval;and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary and Final Plat for Conklin Addition is hereby approved subject to the following conditions: A. The following actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Approval of Final Construction Plans and Specifications by the City Engineer and Building Official. RESOLUTION NO.4846 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY/FINAL PLAT FOR CONKLIN ADDITION Page 2 of 2 BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said plat for CONKLIN ADDITION.. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 i:\commdev\cc\1998\cc0217\p-fpconkdoc CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I ;v� SUBJECT: Preliminary&Final Plat of Conklin Addition MEETING DATE: February 5, 1998 Site Information: Applicant& Owner: Conklin Company,Inc. Location: East of Valley Park Drive&south of Highway 101 (See Exhibit A) Current Zoning: Heavy Industrial(I-2) Adjacent Zoning: North: Hwy. 101/Major Recreation(MR) South: Heavy Industrial(I-2) East: Heavy Industrial(I-2) West: Heavy Industrial(I-2) Comp. Plan: 1995:Heavy Industrial Area: 20.85 Acres MUSA: The site is within the MUSA boundary. Introduction: The above-referenced applicant, Conklin Company, Incorporated, is requesting Preliminary Plat and Final Plat approval for Conklin Addition (please see attached Exhibit B). On December 4, 1997, the Planning Commission approved the applicant's request for concurrent consideration and review of the Preliminary and Final Plat of Conklin Addition. The plat proposes to combine the original Lots 1, 2, & 3, Block 5, Valley Park 1st Addition and an adjacent 200 foot strip of unplatted parcel to the east of said lots (please see attached Exhibit C). The newly proposed plat will consist of two(2)separate lots. Conklin is requesting the platting in order to expand a portion of their existing business. Building permits could not be issued by the city's Building Department due to the area they wished to expand into was unplatted. By platting and combining their existing lots with the unplatted area, they should be allowed to expand their business, subject to an approved site plan and building permit approval. The city has determined that this plat is essentially reconfiguring property lines and combining land or parcels that Conklin Company already owns. Therefore, the city has agreed to waive park dedication fees regarding the initial improvements. A letter from the applicant confirming this issue with the city is also enclosed for your review(see Exhibit D). The resulting, or final plat reflects two(2)separate lots. All easements have been dedicated for future use. Considerations: 1. Lot 1 will encompass the existing Conklin Company building, parking lot and accessory uses necessary for the business. It will also provide for the required space for the proposed building improvements. 2. Lot 2 will be sold and/or developed for future industrial use development. The City Engineering department is recommending that when future building permits for said Lot 2 are submitted, storm water trunk charges will apply per city policy. Ponding may also be required when future development occurs for this lot. A storm water management plan and/or ponding plan will need to be prepared before the city approves future development plans or building permits for said lot. 3. Park Dedication fees will be waived as part of this plat. City staff has determined that this plat is essentially combining existing property the applicant already owns. 4. All utilities are available, and there are no assessments for this site. Alternatives: 1. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Conklin Addition, subject to conditions recommended by staff below; 2. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Conklin Addition, subject to revised conditions; 3. Recommend to the City Council the denial of the request for approval of the Preliminary/Final Plat of Conklin Addition. 2 4. Continue the request in order to allow the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. 1, approval with the following conditions: A. The following actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Approval of Final Construction Plans and Specifications by the City Engineer and Building Official. Action Requested: A motion recommending approval of the Preliminary and Final Plat of Conklin Addition subject to conditions listed above. Tim Benetti Planner I is ,dev -pc\ivss\febs\r-FPcONX.nocrrs 3 B1AG . ------,-- ...7-41. 7 12 .,..--...z._: ,4, • , ext. — v----- .....................-- ..-. ,...41":1*.,—.4LNP41116 46 4:-.11(fik 0. • f 11 / .. . F - Liz czr I?ft= 4 ....a.- 12 bot st.v. . . y 1 71 , AL 'k s' ..4• i o 9 ,, 41 0 4 r; vA. • :Z vi) I ...A 4.1/41tN, pl -WA. 4-- --S—T" ., It• 9k, 'la lux LAKE 1 MR SEC3r...TAL•02L. B 1 --'""....m.m.......r-------".....11.1.11----ANNOMMENM-- ..-.. 447-1.041. 4 .7 i•hbiFT:"-- "---- .-. 111111 ,131 . , e 1 11 - - RR - t 4 ...4111iiiiip DEAN ; 1 - 1 . a 1 or grarsAl LAKE AG .1111111111141Pina--.1! -. , AG A 1 6 AI c.t,_ --"' •42 J L. _ . AG ra LEGEND 9 • - Underlying Zones n . 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Michael Leek 129 Holmes Street South Shakopee, MN 55379 Dear Mr. Leek: I appreciate the time you spent with me and for looking into the replotting of our property. It was nice to hear that you've concluded that we will not be charged any park dedication fees. This was based on the fact that we are just reconfiguring property lines, and not creating any new parcels that we don't already own. Thanks again for your -assistance. Sincerely/IlIyours, 4*--, Robert A. Hanson Corporate Controller RAH:ss IRECFCRJED JAN 7 1998 EXHIBIT D • Conklin Company Inc. 551 Valley Park Drive P.O. Box 155 Shakopee, MN 55379 612/445-6010 8 oN T� lC5L� RESOLUTION NO. 4847 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF WESTON PONDS WHEREAS,the Planning Commission of the City of Shakopee did review the preliminary plat of Weston Ponds on December 18, 1997, and February 5, 1998, and has recommended its approval; and WHEREAS,the property upon which the request is being made is legally described on Exhibit A, attached hereto; 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 Weston Ponds is hereby approved subject to the following conditions: a) Weston Lane shall be developed to a width of 36 feet, measured from curb face to curb face. b) All private streets and/or driveways shall be developed to a minimum width of 28 feet if parking is restricted to one side, or 32 feet if parking is allowed on both sides, width to be measured from curb face to curb face. Private streets and/or drives will not be turned over to the City in the future. c) Private street jogs are not allowed, i.e. intersections onto the public street which are less than 150 feet apart. d) 17th Avenue shall be constructed to a minimum width of 50 feet, measured from curb face to curb face. The developer will be required to sign a petition and waiver for the 17th Avenue improvements, and is responsible for paying the cost of the local street equivalent (i.e. 36 feet wide from curb face to curb face). 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 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 e) of the Design Criteria and Standard Specifications of the City of Shakopee. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. g) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements engineering review fees, Trunk Storm Water Charges, Sanitary Trunk Charges and other fees as required by the City's 1998 Fee Schedule. iii) The City Engineer and Shakopee Public Utilities must approve the Final Construction Plans and Specifications. iv) The developer shall provide easements, as required by City Code. 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 , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 P1, 3, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Weston Ponds MEETING DATE: February 17, 1998 DISCUSSION: Pulte Homes, Inc. is requesting Preliminary Plat approval for a development consisting of 136 townhouse. The public hearing at the Planning Commission was opened on December 18, 1997 and continued to February 5, 1998 to allow the applicant an opportunity to revise the plat consistent with the Commission's comments. Copies of the reports for those meetings are attached for the Council's information. ALTERNATIVES: 1. Approve the preliminary plat of Weston Ponds subject to conditions as presented. 2. Approve the preliminary plat of Weston Ponds subject to the revised conditions. 3. Do not approve the preliminary plat of Weston Ponds. 4. Table action on this item and request additional information from the applicant and/or staff. PLANNING COMIVIISSION RECOMMENDATION: At its February 5, 1998 meeting the Planning Commission recommended approval of the preliminary plat of Weston Ponds subject to conditions that have been incorporated into Resolution No. 4847. ACTION REQUESTED: Offer and approve Resolution No. 4847 approving the eliminary plat with conditions. Z.,R. Michael Leek Community Development Director i:\conundev\cc\1998\cc0217\ppwestonp.doc RESOLUTION NO.4847 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF WESTON PONDS WHEREAS,the Planning Commission of the City of Shakopee did review the preliminary plat of Weston Ponds on December 18, 1997, and February 5, 1998, and has recommended its approval; and WHEREAS,the property upon which the request is being made is legally described on Exhibit A, attached hereto; 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 TILE CITY OF SHAKOPEE,MINNESOTA,as follows: That the preliminary plat of Weston Ponds is hereby approved subject to the following conditions: a) Weston Lane shall be developed to a width of 36 feet, measured from curb face to curb face. b) All private streets and/or driveways shall be developed to a minimum width of 28 feet if parking is restricted to one side, or 32 feet if parking is allowed on both sides, width to be measured from curb face to curb face. Private streets and/or drives will not be turned over to the City in the future. c) Private street jogs are not allowed, i.e. intersections onto the public street which are less than 150 feet apart. d) 17th Avenue shall be constructed to a minimum width of 50 feet, measured from curb face to curb face. The developer will be required to sign a petition and waiver for the 17th Avenue improvements, and is responsible for paying the cost of the local street equivalent (i.e. 36 feet wide from curb face to curb face). e) As part of the application for Final Plat, the applicant must submit the following: i) A transportation study. f) 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 e) of the Design Criteria and Standard Specifications of the City of Shakopee. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. g) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements (including the improvements to Vierling Drive), engineering review fees, Trunk Storm Water Charges, Sanitary Trunk Charges and other fees as required by the City's 1998 Fee Schedule. iii) The City Engineer and Shakopee Public Utilities must approve the Final Construction Plans and Specifications. iv) The developer shall provide easements, as required by City Code. 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 , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 City of Shakopee 129 South Holmes Street Shakopee,MN 55379 EXHIBIT "A" The South 1/i of the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 115, Range 22, Scott County, Minnesota, excepting therefrom the following described parcels: A tract of land in the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 115 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the centerline of C.S.A.R. #17, distant 120.00 feet North of the intersection of said centerline and the South line of said Northwest 1/4 of the Northeast 1/a; thence North along said centerline a distance of 100.00 feet; thence West and parallel with the said South line a distance of 216.50 feet; thence South and parallel with the said centerline a distance of 100.00 feet; thence East a distance of 216.50 feet to the point of beginning. A tract of land in the Northwest 1/4 of the Northeast 1/a, Section 18, Township 115 North, Range 22 West, described as follows: Beginning at the intersection with the South line of said Northwest 1/a of the Northeast 1/4 and the centerline of County State Aid Road #17; thence West along said South line a distance of 216.50 feet; thence North and parallel with said centerline a distance of 120.00 feet; thence East and parallel with said South line a distance of 216.50 feet to said centerline; thence South along said centerline a distance of 120.00 feet to the point of beginning. A tract of land in the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point on the centerline of C.S.A.R. #17, distance 380.00 feet North of the intersection of said centerline and the South line of said Northwest 1/4 of the Northeast 1/4; thence North along said centerline a distance of 100.00 feet; thence West and parallel with said South line a distance of 216.50 feet; thence South and parallel with the said centerline a distance of 100.00 feet; thence East a distance of 216.50 feet to the point of beginning. A tract of land in the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point on the centerline of C.S.A.R. #17 distant 280.00 feet North of the intersection of said centerline and the South line of said Northwest 1/4 of the Northeast 1/4; thence North along said centerline a distance of 100.00 feet; thence West and parallel with said South line a distance of 216.50 feet; thence South and parallel with said centerline a distance of 100.00 feet; thence East 216.50 feet to the point of beginning. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Westbury Ponds DATE: December 18, 1997 Site Information: Applicant: Pulte Homes, Inc. Property Owner: Eldon Greenwood Location: West of County Road 17(Marschall Road)and south of 17th Avenue extended(See Exhibit A) Current Zoning: Agricultural Preservation(AG)with Multiple Family Residential(R3)pending Adjacent Zoning: North: Highway Business/Agricultural Preservation (B1/AG) South: Agricultural Preservation (AG) East: South Valley Health Campus PUD West: Agricultural Preservation (AG) Comp.Plan: 1995: Medium Density Residential and High Density Residential Area: Approximately 18 Acres MUSA: The site is within the MUSA boundary. Introduction: Pulte Homes, Inc. is requesting Preliminary Plat approval for a development consisting of 136 towhome units (see Exhibit B). The underlying zoning on this property is currently Agricultural Preservation (AG), however, the applicant has requested a rezoning to Multiple Family Residential (R3) and this zoning change is pending. The proposed development is located west of Marschall Road (County Road 17)and south of 17th Avenue extended. Considerations: 1. The application for this proposal states that the subject site is 17.92 acres in size, however, the survey submitted provides for a total site area of 18.92 acres. The exact size of the subject site must be clarified. 2. The proposed development provides a net density of either 8.0 or 8.5 dwelling units per acre, depending upon which site area calculation is used. Both of these densities fall within the required seven to eighteen dwelling units per acre required in the Multiple Family Residential (R3) zone. The site plan submitted indicates a combination of four (4), six (6), and eight (8) unit buildings. The applicant has not requested any variances as part of the preliminary plat application. Please see Exhibit C for the proposed site plan for this area. 3. The applicant has indicated to staff an intent to file a Common Interest Community (CIC) plat for this development. If so, the preliminary plat drawing will need to be revised to include those areas which will be platted as a CIC as a single lot. Therefore, the preliminary plat will only identify those areas being dedicated as right-of-way and the remainder of the subject site would be platted as Lot 1, Block 1. A separate site plan should then be prepared indicating the configuration of buildings, driveways, ponding locations, etc. The preliminary plat (and site plan, if necessary) will need to be revised to clarify the intent of the applicant. If a CIC plat is utilized, the developer shall be required to file the CIC documents with the final plat. 4. The development plan for the project does not propose any roadway connections to adjacent undeveloped properties. Without connections, adjoining properties will remain landlocked until such time as other development proposals provide transportation connections. The applicant is also proposing the exclusive use of private streets as an internal roadway system. The only public right-of-way that exists within the plat is 17th Avenue along the northern boundary of the development. Section 12.07, Subd. 1.L of the Subdivision Regulations states"the street arrangement shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it". The Planning Commission should discuss whether it is necessary for this development to provide roadway connections to adjacent properties and if so, should those connections be by way of public or private roadways. 5. The applicant will be required to rename the development due to an existing Westbury Ponds elsewhere in Scott County. This name shall be provided prior to City Council review of the Preliminary Plat and should be reflected on all revised submittal information. 6. The Engineering Department has reviewed this request and has provided comments. These comments are attached as Exhibit D. 7. The Park and Recreation Director has commented that the development plan should include a small private play area since there is not any parkland within 2 miles of the proposed development. 8. The plat contains two (2) exceptions along its eastern boundary. These exceptions currently serve as home sites. The plat does not indicate any easements which allow access to the exception areas. 9. The applicant must also provide information verifying that the development does not exceed the maximum impervious surface area requirement for the Multiple Family Residential (R3) zoning district. 10. The applicant is required to submit lot area information for each of the lots, outlots and right- of-way areas. 11. The applicant has submitted a landscape plan for this development. The landscape plan appears to provide plant sizes as required by Section 11.60 of the City Code. Without the applicant providing the building square footage proposed in the development, staff is unable to adequately review the landscape plan. The applicant should provide these calculations to staff for its review prior to City Council review of the Preliminary Plat. 12. The preliminary plat should identify all permanent and temporary easements currently on the property, as well as those proposed with the plat. 13. The Building Official has commented that sprinkler systems may be required with this development, larger water services are required, and layout of the utilities will require additional information and review to ensure compliance. 14. The subject site has a deferred green acre assessment. These assessments will be required to be paid prior to the recording of the final plat. Alternatives: 1. Continue the public hearing to allow further modification of the preliminary plat and site plan by the applicant. 2. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Westbury Ponds, subject to conditions that the Planning Commission deems appropriate. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Westbury Ponds. 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 that the Planning Commission continue the public hearing to allow additional time for the applicant to modify the preliminary plat and site plan information(Alternative No. 1). Action Requested: Offer a motion to continue the public hearing for the Preliminary Plat of Westbury Ponds, and move its approval. u ie ima Planner II i:\commdev\bona-pc\1997\dec 18\pppulte.doc • it.. :-*** -. I i Z.0.;;;0 ,.. • .••::• .1--•• -‘.. ..•-•7-7-•" '".•'4 t-••'\ . . ,.-.. ...' ••• FAI Ili ,.;•...'..... - - ILMS :'' •.•••• ....:::•••: : .i...• ...,._ L11111",-. :, ;•j• , -.., •"111,..... 141. . •.....7:2‹.,1•• . �..` ;,4-'• � a ..c.:.•!.;7..;:.... •-•' _ , a '.�!L �: � "'�--t aai`` 1 4h.... • Gc1 ' EXHIB' i: . ' �'= 11. (ilk • (. • 1i.' �_' ',..._4___--- .._:, ��— - �' l_y�. - .\... SUBJECT SITE >AG ����, t_ ��4 . 1�--4 •46AG / AG alit, - - . ip , sy VOLLEY YEW 061 1 w.. AG ii111 t - <7. .. •�C\ y Unde-'vine Zones • 1!! ' 1 C 1-V.,7 Agriculture 3 lj ^�}r ; I RR f Rurci Residential '�, _ - IR!Al Low Density Residential _� AG IR I BI Urbcn Residential Rid( Old Shakopee Residential Spo,Nuir AG I R2 I Medium Density Residenticl \ I R3 ! Multiple Famiiy Residential G'DQWD 31 ; Highwcy Business 82 i Office Business AG RR 83 ; Cer.trei Business LAKE1 11 I Light Industrial 41 041"1-- � Hecvy Industricl I MR I Major Recrection Overtav Zones 1-5-1Shorelanc F-F-:Floodcicin District Aeppeakip'11. =Mining Overlay •1 _ Iiiii • ?UO Over'Cy 1 . • J. ,_ . 1 EXHIBIT D City of Shakopee Memorandum RECEO) TO: Julie Klima,Planner II DEC 1 2 1991 FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Westbury Ponds-Preliminary Plat DATE: December 12, 1997 After reviewing the application submittals,I have the following comments for the Planning Department,and for the applicant: Streets Other than one-half of the right-of-way for 17th Avenue,the proposed development does not show any public streets within the plat. All of the internal streets are proposed to be private. Staff has not received any applications for developing the commercial property adjacent to and north of this development. It is expected,however,that almost any commercial development will require adding turn lanes at the intersection of 17th Avenue and County Road 17. The proposed plat includes the dedication of 50' of right-of-way for half the right-of-way for 17th Avenue,so that the total will be 100'. This amount of right-of-way would allow turn lanes. It is my opinion that public street connections should be required to the south and west of this development,to provide better traffic circulation between the developments,versus using the county road. As an example, it is more desirable to use the local roads for anyone wanting to go from the residential areas to the commercial area north of the proposed development. Without the connections,people may be forced to go onto County Road 17, drive a half mile,then get off the county road to go to the commercial areas. That traffic should be allowed to stay on the local streets to reduce the traffic(and turning movements)on County Road 17. )Easements No easements are shown on the preliminary plat drawing submitted. Easements must conform to the City's design standards. Sanitary Sewer/Water The final construction plans for the utilities need to be approved by the City Engineer. The developer's engineer shall work with staff to design the sanitary sewer system so that it will be available to serve other areas to the west,and south. The developer's engineer shall also work with the Shakopee Public Utility Commission regarding the water availability,layout,and design. Grading Plan/Erosion Control/Storm Sewer Although ponding is shown on the drawings,the storm sewer calculations have not yet been submitted. An erosion control plan must also be submitted. Wetlands The developer has provided information which indicates no wetlands exist on the site. Miscellaneous Because the subdivision abuts the Scott County Road 17 right-of-way,the plat will need to be reviewed by Scott County. Scott County may require additional conditions and or permits for this project. Recommendation Recommend that the drawings be revised to include public streets, and that the developer provide the other information needed to allow a complete review of the proposed development(i.e. storm water plan,etc.) CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Weston Ponds(formerly Westbury Ponds) MEETING DATE: February 5, 1998 Introduction: Pulte Homes, Inc. is requesting Preliminary Plat approval for a development consisting of 138 townhome units. The public hearing was opened on December 18, 1997, and continued to allow the applicant an opportunity to revise the plat consistent with the Commission's comments. Considerations: 1. The discrepancy between site area as stated on the survey and the application has not been fully clarified and will need to be clarified prior to review by the City Council. 2. The proposed development provides a net density of either 8.0 or 8.5 dwelling units per acre, depending upon which site area calculation is used. Both of these densities fall within the required seven to eighteen dwelling units per acre required in the Multiple Family Residential (R3)zone. The site plan submitted indicates a combination of four(4), six(6), and eight(8) unit buildings. The applicant has not requested any variances as part of the preliminary plat application. Please see Exhibit C for the proposed site plan for this area. 3. The applicant has indicated to staff an intent to file a Common Interest Community(CIC)plat for this development. Therefore,the final plat will only identify those areas being dedicated as right-of-way and the remainder of the subject site would be platted as Lot 1,Block 1. A separate site plan should then be prepared indicating the configuration of buildings, driveways, ponding locations, etc. The preliminary plat(and site plan,if necessary)will need to be revised to clarify the intent of the applicant. If a CIC plat is utilized,the developer shall be required to file the CIC documents with the final plat. 4. The revised submission proposes a public roadway connection to the south (Weston Lane) and the extension of 17th Avenue to the western edge of the property in order to provide access to adjacent properties. 5. The applicant has renamed the development Weston Ponds. 6. The Engineering Department has reviewed this request and has provided comments. These comments are attached. 7. The Park and Recreation Director has been revised to include a tot lot area. 8. The plat contains two (2) exceptions along its eastern boundary. These exceptions currently serve as home sites. The plat does not indicate any easements which allow access to the exception areas. 9. The applicant must also provide information verifying that the development does not exceed the maximum impervious surface area requirement for the Multiple Family Residential(R3)zoning district. 10. The applicant is required to submit lot area information for each of the lots, outlots and right- of-way areas. 11. The preliminary plat should identify all permanent and temporary easements currently on the property, as well as those proposed with the plat. 12. The Building Official has commented that sprinkler systems may be required with this development, larger water services are required, and layout of the utilities will require additional information and review to ensure compliance. 13. The subject site has a deferred green acre assessment. These assessments will be required to be paid prior to the recording of the final plat. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Weston Ponds, subject to the following conditions; a) Prior to City Council review of the Preliminary Plat: i) The Preliminary Plat shall be revised to include all areas intended for the construction of private streets as outlots. ii) The applicant shall provide the City with names for the private streets to ensure compliance with city street naming policies. iii) The area of the site shall be clarified. b) As part of the application for Final Plat,the applicant must submit the following: i) A transportation study. c) The following procedural actions must be completed prior to the recording of the Final Plat: 2 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. fl The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public improvements(including the improvements to Vierling Drive), engineering review fees, and other fees as required by the City's 1997 Fee Schedule. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The developer shall provide easements, as required by City Code. 2. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Weston Ponds. 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. Action Requested: Offer a motion recommending approval of the preliminary plat of Weston Ponds. R. Michael Leek Community Development Director i:\commdev\boaa-pc\1998\feb05\ppweston.doc 3 City of Shakopee Memorandum TO: Michael Leek, Community Development Director FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Preliminary Plat Application-Weston Ponds DATE: January 28, 1998 After reviewing the referenced application,I have the following comments for the applicant, and for the planning depai tnient: Streets The private streets are shown as 24' back to back. For private streets in other developments, we have required a minimum of 28' face to face. The public street is shown as 32' back to back. The City's current standard is 36' face to face. The drawings have been revised to show a public street extended to the south, as directed by the Planning Commission at an earlier meeting. The final construction plans shall include a temporary turn around at the end of Weston Lane, as required by the City Engineer. Sanitary Sewer/Water The final construction plans for the utilities need to be approved by the City Engineer. The developer's engineer shall work with staff to design the sanitary sewer system so that it will be available to serve other areas to the west, and south. The developer's engineer shall also work with the Shakopee Public Utility Commission regarding the water availability, layout, and design. Grading Plan/Erosion Control/Storm Sewer Pond slopes must not be steeper than 4:1. It appears some of the slopes may be 3:1. At least 12"of topsoil must be placed at the bottom of the ponds,to promote vegetation growth and to help"seal"the pond. Recommendation Recommend approval of the Preliminary Plat, subject to the following conditions: 1. Lots abutting private streets must be within a common interest community(CIC). 2. Weston Lane shall be constructed with a street width of 36' face to face. 3. A storm water management plan must be submitted and approved by the City Engineer,prior to review of the Preliminary plat by the City Council. 4. The following design criteria will be used for the private streets within the development: Private Driveway. Defined as a"no outlet" access,with the primary purpose of serving more than two units. If over 150' long then a turn-a-round is required(cul- de-sac,hammerhead, etc.) Minimum width 28' with parking on one side; or 32' with parking on both sides. Must be less than 500' long. Minimum setback from back of curb is 20'. Will not be turned over to the City in the future. Private Street. Defined as an access for units with more than one access.Minimum width 28' with parking on one side; or 32' with parking on both sides. Minimum setback from back of curb is 20'. Minimum 7 ton design. Will not be turned over to the City in the future. Private Street Jogs. Private street jogs (intersections less than 150') are not allowed. 5. 17th Avenue shall be constructed with a minimum street width of 50' (face to face). Per city policy for residential developments,the developer is responsible for paying the cost for the local street equivalent(36' wide face to face).The developer will be required to sign a petition and waiver for the 17th Avenue improvements. 6. Prior to recording of the Final Plat,the following actions must be completed: 1) Execution of the Developer's Agreement,which shall include provisions for security for the public improvements,engineering review fees,Trunk Storm Water Charges, Sanitary Sewer Trunk Charges and other fees as required by the City's 1998 Fee Schedule; 2) The Final Construction Plans and Specifications must be approved by the City Engineer. • aOW '..ZIP : E 1/ 2.0.18.Top.115,R.22 1' 6Drirrtc 698.33 60Fn 1te6nl6se°� 'd 01 0.•a + � D o 1 , .i..."1 ., 0.:1 0 • T 0• '06 ^ cu ._.. y oCR 0 O „" '� ° Vim] e LI �^ 106.0 �s F�'+`►,,' -.. f, as o o ig s bi- p.3L o e .ti e • °126 ...._. C WR. - 0.00.0 CI 6 CO t°7 pi: x 60 r^0•06 ..I h g j. KO , ° 7* b o o0. . j .i gyl- O N� ' $ —_8' -_ o tins r. a N - 1.300t._. a croero ono O S i ro Cha'', '•° .'y 8 �237'0N $ v ate 1 s),° ! o ! 4 6 1 ;6•e V 2 !' o•t 31ggp3Sss '$¢g $e;qt1 .4 41gt; 5 i'l q • � g -� 4i•6 A. °v1o.ro L.,n.$) !a6rox .\ v. • . 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Minn.No a,. •. 4 iy. c . CITY OF SHAKOPEE CONSENT Memorandum J TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to Canterbury Park 2°d PUD MEETING DATE: February 17, 1998 INTRODUCTION: Valley Green Business Park has made application for an amendment to the Canterbury Park 2°d PUD. The requested amendment would add the following to the list of permitted uses for the PUD; *High tech laboratory, testing, clean room assembly (See Exhibit A) DISCUSSION: The request has been submitted, and the change sought in connection with the proposed Seagate project. ALTERNATIVES: 1. Approve Resolution No. 4945 amending Ordinance No. 465 establishing the Canterbury Park 2"d PUD. 2. Approve Resolution No. 4945 amending Ordinance No. 465 establishing the Canterbury Park 2°d PUD with revisions. 3. Do not approve the proposed amendment. 4. Table the request for additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the proposed amendment at its February 5, 1998 meeting, and unanimously recommended approval. ACTION REQUESTED: Offer and pass Resolution No. 4845 amending Ordinance No. 465 establishing the Canterbury Park 2"d PUD. e} PUDCPK2/RML 1 RESOLUTION NO. 4845 (AMENDMENT NO. 1) A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,AMENDING ORDINANCE NO. 465,AN ORDINANCE APPROVING THE CANTERBURY PARK 2ND PLANNED UNIT DEVELOPMENT(PUD) WHEREAS,the City Council of the City of Shakopee did approve Ordinance No. 465 establishing the Canterbury Park 2nd Planned Unit Development on the property legally described on Exhibit A, attached hereto and made a part hereof; and WHEREAS,Valley Green Business Park has requested an amendment to add "high tech laboratory, testing, clean room assembly" as a permitted use in Canterbury Park 2nd Addition; and WHEREAS,the Planning Commission did hold a public hearing on the request for Amendment No. 1 to the Canterbury Park 2nd Planned Unit Development on February 5, 1998, and has recommended its approval; and WHEREAS, all notices of the public hearing have been duly sent and posted and all person 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 Amendment No. 1, adding"high tech laboratory,testing, clean room assembly" to the permitted uses in the Canterbury Park Planned Unit Development is hereby approved. All other conditions contained in Ordinance No. 465 shall remain in full force and effect. Passed in session of the City Council of the City of Shakopee, Minnesota held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 PUDCPK2/RML 3 City of Shakopee,Minnesota Resolution No.4845 Canterbury Park 2nd Addition PUD,Amendment No. 1 EXHIBIT A Lot 1,Block 1,Canterbury Park rd Addition,according to the plat on file and of record in the office of the Registrar of Titles,County of Scott,Minnesota. Lot 2,Block 1,Canterbury Park rd Addition,according to the plat on file and of record in the office of the Registrar of Titles,County of Scott,Minnesota,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. Lot 2,Block 1,Canterbury Park Third Addition,Scott County,Minnesota,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. Tract D,except the south 100 feet of the east 100 feet;Tract F,except Parcel 74,a Minnesota Department of Transportation Right-of-Way Plats No.70-10 and 70-12;that part of Tract G which lies westerly of the southerly extension of the most easterly line of Tract E,except Parcel 74, Minnesota Department of Transportation Right-of-Way Plat No.70-12,all in Registered Land Survey No. 134,Scott County,Minnesota. CP2NDLGURML 1 • CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to Canterbury Park 2°d PUD MEETING DATE: February 5, 1998 INTRODUCTION: Valley Green Business Park has made application for an amendment to the Canterbury Park 21'd PUD. The requested amendment would add the following to the list of permitted uses for the PUD; *High tech laboratory, testing, clean room assembly(See Exhibit A) DISCUSSION: The request has been submitted, and the change sought in connection with the proposed Seagate project. The City's PUD ordinance does not provide specific criteria for reviewing proposed amendments to PUDs. In reviewing the request it is appropriate to evaluate the similarity of use type and impact. The existing PUD permits such diverse uses as; • Commercial recreation, • Restaurants, • Administrative, executive, and professional offices, • Office-showroom, office-warehouse Staff does not anticipate that the type of use suggested would have a significantly different impact in terms of traffic, noise, or other factors than the uses currently permitted in this PUD. At the special meeting to consider the TIF plan prepared in connection with the Seagate project, the Commission expressed interest in having conditional use permit review of the additional use. However, the use language as proposed by the applicant appears to be more specific and limiting than was discussed at the special meeting. ALTERNATIVES: 1. Recommend to the City Council the approval of the PUD amendment as proposed. 2. Recommend to the City Council the approval of the PUD amendment with revisions. 3. Do not recommend approval of the proposed amendment. 4. Table the request for additional information. pudcapkz/RML 1 STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer and pass a motion recommending the proposed PUD amendment for Canterbury Park 2d. /fie R N ichael Leek Community Development Director padcapk2/RML 2 EX 4-1 I�fl A AMENDMENT TO Canterbury Park 2nd Addition Planned Unit Development Valley Green Business Park Shakopee, Minnesota Proposed PUD Uses (Amended January 1998) Uses within a PUD, according to the City Code, must correspond to the underlying zoning district, except as "authorized" or "designated" in the development plan. Within the Canterbury Park 2nd PUD, Valley Green proposes the following list of permitted and conditional uses, compared with the previous MR standards, in the following table. We have included the most likely uses anticipated in this PUD. Any other uses would be as stipulated in the underlying MR district(either not allowed or by Conditional Use Permit). With the PUD amendment Canterbury Park 2nd, the City will approve as authorized uses the uses as listed below. Proposed Current Uses PUD Status MR Status Public recreation P P Restaurants, class I P P Public buildings P P Utility services P P Commercial recreation C C/PUD Restaurants, class II (no drive-up or drive-through) P C/PUD Hotels, motels and conference centers . . P C/PUD Retail uses and entertainment C C/PUD Administrative, executive, and professional offices P C/PUD Health and athletic facilities C C/PUD Uses having a drive-up or drive-through window (excluding restaurants) C C/PUD Financial institutions C N Medical or dental clinics C N Office-showroom,office-warehouse . . . C N * High tech laboratory,testing, clean room assembly P N P=Permitted Use C/PUD=Conditional Use or PUD N=Not Mentioned * Amendment January 1998 ,. , - • -• ,,cam.: . 2 3 .., • iw- s7 , ..4F• -:`r a•• ! _.. M ill 'R ,. C.Y ...1"....,,,,4 j � .. • � ... . - - •" &--r 114142-:_-.....'`4.2f2:;.;s !..t.'-'••••-•,••,' 4,4'.."...2.-..-. 74...,•,--..-; . 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Ufes'' s % ": : AG ._ } ' �S"� .I..>:!•"-- `.4 14l� ?,tom 7-f._;'-__:::::.... _ _.r `> Y , > to Ai •Y .�, 7r;. a ♦ '-„' %� - w Underlying Zones �. �L-0 ; r 1 AG I Agriculture - • 1P Y :L, .Ii•i-. S „ . Pk.. .A _ `i --.--5.A...- • g' "" y j RR j Rural Residential ' '� I IR 1 A I Low Density Residential 1 x-.� cis ,�+li►,. . o rQ IR 1 B1 Urban Residential A�+ <�� , ter ' - _ t IR1CI Old Shakopee Residential ttr '~5 I R2 I Medium Density Residential .�s t _� t �� ~T :; I R3 I Multiple Family Residential Y f _..t ma i t 1 ,•--• 15'' ?�` ,�x--.4,4----6..RR_.:::;:.1-:-:•• - 181 I Highway Business I 32 I Office Business 1 Central Business _ „' i , s 1 I1 1 Light Industrial ,;�^' --.,.;.:-;.-,!„-,-.-::,...:-.-.".-.4---,_ AG; i I 12 j Heavy :::: 4 .x a = �} Major M • ;� Ov erlay Zones ` ''i -S-fShorelar.d - 1 \1 RR - - I F-F-1Flaccolcir. District • LAKE 14ty . ^f * Mining Overlay 1 75 ?:JD Over'a, CONSENT CITY OF SHAKOPEE --� Memorandum )s. 6. 1. To: Mark McNeill, City Administrator FROM: Maw Athmann, Assistant Fire Chief PM SUBJECT: Station#2 Station Air Compressor DATE: February 4, 1998 INTRODUCTION: With the addition of the second fire station a station air compressor will need to be purchased. BACKGROUND: Several pieces of apparatus in service within the fire department require a direct connection to a compressed air source. This air source is used to maintain air pressure in the braking systems of the departments larger apparatus. The air in this system must have a lower moisture content than other compressor can deliver. Excess moisture in the air system will cause rust, corrosion and during winter period may freeze in brake lines causing brake failure. Compressed air is also used by the departments maintenance personnel for repairs and service to the apparatus. The Fire Station Building Committee consulted with 3 vendors. John Henry Foster Minnesota, Inc. and Minnesota Industrial Tool which both took time to come and meet with department representatives and Air Power, Inc. who was reluctant to come out and meet with us. Specifications were sent to these vendors, however, only one(1) proposal was received. This proposal was from John Henry Foster Minnesota, Inc. for$3,487.00 plus sales and use tax. RECOMMENDATION: The members of the fire station building committee recommend purchasing a Quincy Industrial- Duty five (5)HP two-stage air compressor with air dryer from John Henry Foster Minnesota, Inc. for a price of$3,487.00 plus sales and use tax. BUDGET: This expenditure was anticipated in the new fire station budget. ACTION REQUIRED; If the Council concurs, it should, by motion, authorize the purchase of a two stage air compressor with air dryer from John Henry Foster Minnesota, Inc., for$3,487,plus sales and use tax. 1j PROPOSAL John Henry Foster Minnesota To: Shakopee Fire Department i,,c. 334 2nd Avenue West 3103 Mike Collins Drive Shakopee, MN 55370 Minnesota Eagan, Minnesota 55121 Telephone: 612-452-8452 :_i Telex: 29-0773 Attn: Mr. Marty Glynn "Compressed Air Specialists" n Sales Quote Number: PD4532LD 7 ill Date: October 20. 1997 Reference: Fire Station QR-25 Series Air Compressor IR COMPRESSORS We, The John Henry Foster Company, propose to furnish the Quincy Compressed Air Equipment as follows: Quantity One Quincy Model F325-5-80 ,single acting 2 cylinder 2 stage air — cooled reciprocating compressor to be equipped as per following specifications: 1. Suction valve unloading and loadless starting. . j il 1,1 2. Pressure lubricated through an oil pump with pressure gauge. Lil11 i3. Safe-Q-Lube for low oil level unloading. �, 1i1JI1 4. Cushioned steel plate valves. 1' 11:' t 5. Finned intercooler with two stage models. II I.31 , , 6. Flywheel for Vee-belt drive. ?' 7. Intake filter silencer. Performance: i 1 / '. A. Piston Displacement—CFM 22 90 Ak \' t 1 B. SCFM Delivery @ 135 PSIG 17.40 ' i'=*_,, e. i C. Maximum Operating —PSIG 175 'taa ! D. Brake Horsepower @ LOU PSIG 4-75 -**--------11,...... 'R E. Operating Speed — R.P.M. 828 ] Weight 770 Pounds Dimensions — 68 " long 26 "wide 50 "high. 1 (See Page 2 for package units.) Price, Basic Compressor only if applicable $ _ Less Trade In Type F.O.B. Allowance $ ] P��R1 Net Selling Price F.O.B. $ Delivery ARO 3 Quincy Standard terms are Net 15 days. All prices subject to change without notice. COMPRESSORS St !f/ NOTE: All prices quoted herein are firm for 30 days— by R v 1 ` prices thereafter will be those in affect at the time of — shipment. i -3 "Authorized Quincy Distributor for over 25 years" Page 2 Shakopee Fire Department Attn: Mr. Marty Glynn Sales Quote Number: PD4532LD Package unit as tank mounted with: 5 230/460 �� cycle, 4 H.P. volt, phase, ODP enclosure induction electric motor. or Gasoline engine Model (with or without) electric starter,alternator,and battery cables. P -------R.P.M. Tank (if applicable),A.S.M.E,approved 20 " diameter, 64 long, 80 gallon, 200 PSIG ma—xTr7;11; ss pressure gauge, safety valve, shut-off valve, (with or without) cushion chamber,rubber mounted topplat ani finned discharge tube. plate, d Pressure Switch Set 175 PSIG, Pilot Valve Set PSIG Price Less Trade In Type $ 2.447 nn F.O.B. Allowance Net Selling Price F.O.B. Quincy, IL 2,347.00 ACCESSORY EQUIPMENT: Y-XXX-X-XX- XX-X-XcXX iCX1eX X'XiMinCTONNNNVOC NMI rXIICEX0XaVX+1 X-X1XXXX'XXX B. Posi—Drain 1/4" timer solenoid drain, $ C. Norgren filter/regulator lubricator with shut—off valve and $ 64 nn brackets, #D74A-6AK—AD3—RMG—QDB D. Dual control "LVD" for start/stop or continuous run E. Flexible discharge line gXXkl(aX)41g tXXINX G. Magnetic/Manual motor starter with overload protection 20R $ H. Totally enclosed belt guard ----- volts (loose) $ 200 00 I. Korfund Mounting Pads $ standard J. ai'� Model Refrigerated 9d Air Dryer eu35-380F pressure dewpoint @ 1000FF inlet r tmpe aritmoistre separator and condensate drain trap., F.O.B.____Eagan„ M1 $ 516.00 Delivery 4 — 6 weeks ARO by ��_��,. �i*7vAib (Note: All prices subject to change without notice.) Philli• Dittes - "Pneumatic Specialists" tl;FjF.? yr 1� KC. C • 1. CITY OF SHAKOPEE CONSENT Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Probationary Status of Planner I, Timothy Benetti MEETING DATE: February 17, 1998 INTRODUCTION: The probationary period for Planner I Timothy Benetti expired on February 11, 1998. Staff is recommending that the probationary period has been successfully completed. ALTERNATIVES: 1. Approve the successful completion of the six-month probationary period by Timothy Benetti, and directing that his pay be upgraded to Step 2 of Grade J effective February 11, 1998, per the initial employment agreement 2. Move to extend the probationary period. 3. Table the request for additional information. STAFF RECOMMENDATION: Staff recommends Alternative 1. ACTION REQUESTED: Offer and pass a motion accepting the successful completion of the six-month probationary period by Timothy Benetti, and directing that his pay be upgraded to Step 2 of Grade J effective February 11, 1998, per the initial employment agreement R. Michael Leek Community Development Director Probtben/RML 1 /s. C . a. CITY OF SHAKOPEE CONSENT Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Adult Establishment Ordinance Summary MEETING DATE: February 17, 1998 INTRODUCTION: On January 20, 1998,the City Council approved Ordinance No. 511, an ordinance regulating Adult Establishments. The Council is asked to approve Ordinance No. 515, a summary of Ordinance No. 511, for publication purposes. ACTION REQUESTED: Offer and approve Ordinance No. 515, Fourth Series. R.Michael Leek Community Development Director ORDINANCE NO. 515,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, PROVIDING A SUMMARY OF ORDINANCE NO. 511,FOURTH SERIES,AN ORDINANCE AMENDING CITY CODE CHAPTER 10, PUBLIC PROTECTION, CRIMES AND OFFENSES,BY ADDING SECTIONS 10.77 AND 10.78 RELATING TO ADULT ESTABLISHMENTS AND PREMISES CONDUCIVE TO HIGH-RISK SEXUAL CONDUCT Section 1. City Code Chapter 10 is amended by adding Section 10.77. Subdivision 1 of this section sets forth the City Council's findings relative to the need to enact an ordinance regulating Adult Establislunents. Subdivision 2 of this section provides definitions of terms used in Ordinance No. 511. Subdivision 3 of this section refers to City Code Section 11.46, which governs the zoning districts within which Adult Establishments may be located. Subdivision 4 of this section prohibits Adult Establishments from locating within 750 feet of the following; 1. Property developed or zoned for residential uses; 2. Property located in a major recreation zone; 3. Property frequented by children or designed as a family destination, such as a day care facility, school, library, park, playground, state or federal wildlife area or preserve, religious institution, or other public recreational facility; 4. Premises licensed under City Code Chapter 5, relating to liquor, beer, and wine licensing; 5. A street with an 10,000 average daily traffic count, as noted on the most recent Municipal State Aid System Traffic Volume Map from the Minnesota Department of Transportation; and 6. Another Adult Establishment. Subdivision 5 of this section establishes regulations for operation of Adult Establishments. Subdivision 6 of this section establishes further restrictions and regulations for Adult Establishments. Subdivision 7 of this section establishes regulations for Adult Cabarets. Section 2. City Code Chapter 10 is amended by adding Section 10.78. Subdivision 1 of this section sets forth the City Council's findings relative to the need to enact regulations for"premises conducive to high-risk sexual conduct." Subdivision 2 provides definitions of terms used in Section 10.78. Subdivision 3 and 4 of this section establish public health regulations for Adult Cabarets. Subdivision 5 establishes certain exceptions to the regulations set forth in Section 10.78. Subdivision 6 of this section establishes the powers of the City's Public Health Official to enforce the Adult Establishment Ordinance, as well as the process to be followed in exercising those powers. Subdivision 7 of this section makes violation of the Adult Establishment Ordinance a misdemeanor. Section 3-Effective Date. This ordinance becomes effective from and after its passage and publication of a summary of the ordinance. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Published in the Shakopee Valley News on the day of , 1998. 15. D. I . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Williams Pipe Line Encroachment Agreement with the Maras Street Project DATE: February 17, 1998 INTRODUCTION: Attached to this memo is an Encroachment Agreement between Williams Pipeline Co. and the City of Shakopee for the City to construct and maintain a drainage pond within the Williams Pipeline easement through the Maras Street Improvement Project. BACKGROUND: The Maras Street Improvement Project included a construction of a major regional pond to serve much of the industrial park and commercial areas within the Eagle Creek Watershed. With the construction of the pond it was necessary to grade the pond slopes within the William Brothers pipeline easement in order to construct a 4:1 slope. Attached to this memorandum is a letter from Bill Smoot of William's Energy Group, which required the City to enter into an Encroachment Agreement for the pond. George Hoff, of Hoff, Barry & Kuderer, has worked with Williams Pipeline Co. and has reached an agreement that is included in the Council packet for Council consideration. The City has already constructed the pond within this area and has met Williams Pipeline Co. personnel approval in this agreement, which sets forth the conditions to allow the City's encroachment within their 100 foot pipeline easement. One note that staff wishes to point out is on Page 4, Paragraph 5, is that the City is responsible for Williams Pipeline's costs for preparing the agreement and for engineering review for this agreement. The cost to Williams Pipeline is to be charged to the City and cannot exceed $3,500.00. In a previous letter, Williams Pipeline Co. indicated to staff that the cost should not approach more than $1,000.00. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Encroachment Agreement between Williams Pipeline Co. and the City of Shakopee. 2. Provide staff direction with modifications on the agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as staff previously agreed with Williams Pipeline Co.'s staff to enter into an Encroachment Agreement for the drainage pond construction. ACTION REQUESTED: Approve a motion to authorize the appropriate City officials to execute the Encroachment Agreement between William Pipeline Co. and the City of Shakopee for the drainage pond constructed with the Maras Street Improvement Project. i /nice Loney Public Works Director BL/pmp WILLIAMS SHAKOPEE August 11, 1997 Bill Smoot Williams Energy Group One Williams Center Tulsa, OK 74172 RE: Encroachment Agreement with City of Shakopee Dear Mr. Smoot: Please find enclosed a signed letter for Williams Pipeline Company to prepare an encroachment agreement with the City of Shakopee on a drainage pond within William's Pipeline easement. On any agreement with the City of Shakopee, the City Council must approve and for execution of the agreement, the Mayor, City Administrator and City Clerk signature blocks are required. The prepared agreement will be presented to Council as soon as possible. If you have any questions on this, please contact me at(612)496-9668. Sincerely, /5, Bruce Loney, P. . Public Works Director BL/pmp SMOOT CONIMUIvrr'PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota 55379-1351 612-445-3650 FAX 612-445-6718 WILLIAMS ENERGYGROUPJJ July 31, 1997 THE FULL-SERVICE STATION City of Shakopee O f G Attn: Bruce Loney • Director of Public Works C / Shakopee City Hall 129 Holmes Street South ��G S 4 4;97 / Shakopee,MN 55379 Cid, Op kOpE z. Re: 13:673, Tracts 7309 & 10, City of Shakopee's drainage pond on Hansen property in SE/4 of Section 12, T115N,R22W, Scott County, MN. Dear Mr. Loney: As you are aware and as we discussed over the phone, Williams Pipe Line Company ("WPL") owns a 12 inch diameter petroleum products pipeline with related easement rights in close proximity to the City's construction of the subject pond. This office is in the process of preparing an Encroachment Agreement which would,under certain terms and conditions,provide • WPL's consent to the construction of the subject pond. Until this Encroachment Agreement has been executed by both the City and WPL,please do not perform any construction activities related to the pond within WPL's easement strips. WPL will expect the City to reimburse WPL for its costs in providing this Encroachment Agreement and in having an on site representative present during construction. These costs will include,but are not limited to,the costs of document preparation, legal review, engineering review, negotiations,recording of the document in the appropriate County records, and in having a representative present during construction activities. While I would not expect these costs to exceed$1,000,I cannot guarantee that these costs will be less than said amount. Please have the appropriate representative of the City sign, date and return the original of this letter to this office. By signing below,the City agrees to reimburse WPL for all necessary costs as described. ONE OF THE WILLIAMS COMPANIES,INC. • ONE WILLIAMS CENTER • TULSA,OK 74172 Thank you for your cooperation and assistance. Sincerely, ,,.A 44,04_ 010 . Bill Smoot Administrator, Real Estate & Claims ACCEPTED AND AGREED TO BYATHE ag--i 04,..p:,:;& // DAY �� FOR THE CITY OF SHAKOPEE,MINNESOTA, THIS OF ` ' , 1997. cc: M. Blando W. Lagorin P. Perez Northern Region Tract File HOFF, BARRY & KUDERER PROFESSIONAL ASSOCIATION GEORGE C.HOFF. OA COUN/HL PATRICIA E.KUDERER THOMAS G.BARRY,JR. PAULA A.CALLIES jORUN GROE MEIERDING STEPHEN A.BAKER• KIMBERLY B.KOZAR TELEPHONE(612)941-9220 DOUGLAS J.SCHILTZ 1-800-989-9220 January 3 0, 19 9 8 FAX(612)941-7968 •ALso mmamm m wcsemm E-MAH,mkowintemet.com =ALso ADimnED m FLORIDA is , b (� FFg Mr. Bruce Loney 2 Director of Public Works C/7-y City of Shakopee OF SygKOp 129 Holmes Street So. Shakopee, Mn. 55379-1351 FF RE: Williams Pipeline Encroachment Agreement Dear Bruce: You will find enclosed with this, three copies of the agreement for signature. The changes that I requested in my letter of August 26, 1997 and discussed with Mr. Smoot have been made. The only modification not made was with respect to paragraph 9, which I indicated to Mr. Smoot was acceptable as written. After these are executed you can go ahead and send directly to Mr. Smoot as requested in his letter. Call with any questions. Sincerely, _ f e -o • - C. ro' HOFF, B' & KUDERER, P.A. GCH: G:\WPDATA\SHAKOP2U.ONE8130.LTR 7901 FLYING CLOUD DRIVE,#260•EDEN PRAIRIE,MINNESOTA 55344-7914 r `w;. <, This instrument was drafted by Williams Pipe Line Company,a Delaware corporation,P.O.Box 3448,Tulsa,Oklahoma 74101,918/588-3295. ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made and entered into by and between WILLIAMS PIPE LINE COMPANY, a Delaware corporation, whose address is P.O. Box 3448, Tulsa, Oklahoma 74101 (hereinafter called "WPL") and the CITY OF SHAKOPEE, a Minnesota municipal corporation, which has a mailing address at Shakopee City Hall, 129 Holmes Street South, Shakopee, MN 55739 (hereinafter called "City"). WITNESSETH: WHEREAS, WPL is the owner of a pipeline, the Rosemount - Willmar#6-12", (hereinafter called the "Pipeline") and all or part of the pipeline easements and rights of way (hereinafter called the "Easements") on, over and through portions of the East Half of the East Half of Section 12, Township 115 North, Range 22 West and the South Half of the Southwest Quarter of Section 7, Township 115 North, Range 21 West, all in Scott County, Minnesota, pursuant to certain instruments recorded in the Register of Deeds Office of said County described as follows: 1. Right Of Way Agreement dated 6/17/54 from Arthur C. Schroeder and Lydia M. Schroeder to Great Lakes Pipe Line Company (WPL's predecessor and hereinafter referred to as "GLPL"), its successors and assigns, filed for record on 7/21/54 and recorded in Book 130 of Deeds at Page 443. Partial Release Of Right Of Way dated 8/5/58 between Arthur C. Schroeder, Lydia M. Schroeder and GLPL, their successors and assigns, filed for record on 8/11/58 and recorded in Book 142 of Deeds at Page 481 through 483 as Document No. 90963 (hereinafter referred to as "Instrument No. 2"). 3. Amendment Of Right Of Way Grant dated 11/19/93 between Covington Ponds Tracts 7310 & 7309 M:\encroach\shakenc.doc 1 Scott County, Minnesota Limited Partnership,a Minnesota Limited Partnership,and WPL,their successors and assigns, the recording data of which is unknown at this time. 4. Right Of Way Agreement dated 6/17/54 from Allan V. Stewart and Vera M. Stewart, husband and wife, to GLPL, its successors and assigns, filed for record on 7/24/54 and recorded in Book 130 of Deeds at Page 441. 5. Partial Release Of Right Of Way dated 6/15/65 between Philip A. Stewart, Diane M. Stewart and GLPL, their successors and assigns, filed for record on 6/24/65 and recorded in Book 165 of Deeds at Pages 460 through 462; and WHEREAS,the City desires to construct and install a drainage pond with the necessary grade changes (the "Encroachments") in the approximate manner set forth on Exhibit"A",attached hereto and made a part hereof, however, as modified by the terms hereinafter recited; and WHEREAS, City desires to obtain WPL's consent to the construction and existence of the Encroachments and WPL is willing to consent to the construction and existence of the Encroachments over and in close proximity to the Pipeline as indicated on Exhibit "A" under the terms hereinafter stated. NOW,THEREFORE, in consideration of the promises and mutual covenants herein contained, both parties agree as follows: 1. The Encroachments shall be limited to the grade changes and future water retention over, under and within WPL's 100-foot wide easement strip as described within Instrument No. 2 and to the interference caused by the City's drainage pond to WPL's rights as set forth in the Easements, including but not limited to, the rights of ingress and egress to and from the Pipeline and any future facilities installed by WPL, its successors and assigns. 2. City agrees to abide by all construction restrictions,conditions and specifications listed below: (a) City's excavation of the Encroachments shall not come any closer than twenty five feet (25') from and south of the current location of WPL's Pipeline as it occupies the 100-foot easement strip described within Instrument No. 2. M:\encroach\shakenc.doc 2 Tracts 7310 s 7309 Scott County, Minnesota (b) Exclusive of Saturday, Sunday, and legal holidays, City shall notify WPL a minimum of 48 hours in advance of any construction activities related to the Encroachments so that WPL may arrange to have its Line Supervisor present during construction. WPL's Line Supervisor or representative shall be on site during all construction activities related to the Encroachments over or within thirty feet (30') of the Pipeline to confirm that no damage occurs to the Pipeline, cathodic protection or pipe coating. Written notification to WPL shall be provided at Williams Pipe Line Company,Attn: Line Supervisor,who currently is Paul Perez, 2451 West City Road C, St. Paul, MN 55113; Phone: (612) 633-8773, Fax: (612) 633-8217, Mobile: (612) 750-0504 or such other representative of WPL which WPL may from time to time designate. City shall require the following language to be conspicuously displayed on all pages of any construction prints that include WPL facilities: WARNING! PETROLEUM PRODUCTS PIPELINE(S)! Excavation and/or Construction Requires A Minimum Of Two (2) Business Days • Advance Notice Prior To Construction Contact Paul Perez At Williams Pipe Line Company 2451 West City Road C St. Paul, Minnesota 55113 (612) 633-8773 City shall also call Gopher One Call System at(800) 252-1166 prior to start of any work related to the Encroachments. (c) City shall construct the Encroachments in a manner which will provide for a slope no greater than 4:1 (one foot of drop for every four feet of travel) as the City's excavation proceeds away from WPL's Pipeline. (d) During City's construction, City shall provide protection to WPL's Pipeline and related facilities, and no heavy equipment shall be allowed to operate over WPL's Pipeline. 3. The City shall replace ground cover and resod those areas of WPL's easement strips as described in the Easements which have previously been disturbed by the City at no expense to WPL, to the complete satisfaction of WPL's on site representative. Furthermore, the City agrees to maintain and correct any future erosion problems caused by the Encroachments to avoid any problems with the lateral support of or ground cover over the Pipeline. If the City should, in WPL's reasonable judgement, fail to maintain and correct any ground cover, resodding or erosion problems caused by the Encroachments, WPL may correct any such problems at the City's sole expense. The City agrees to reimburse WPL within 30 days of receipt of WPL's invoice for any M:\encroach\shakenc.doc 3 Tracts 7310 & 7309 Scott County, Minnesota related costs associated with WPL's correction of any ground cover, resodding or erosion problems caused by the Encroachments. 4. The City shall use its best efforts to protect WPL's Pipeline when excavating and backfilling become necessary around or near WPL's Pipeline and,if deemed necessary by WPL's on site representative, shall construct temporary construction pads for heavy equipment crossings to prevent damage to the Pipeline. 5. The City shall pay for WPL's total costs arising or resulting from City's construction of the Encroachments including,but not limited to, costs of engineering review, right of way services, legal services (including, but not limited to, outside legal counsel), property damages, taxes, travel, overhead, construction supervision and inspection, administrative and support services. In no event shall WPL's costs charged to the City as described above be more than three thousand five hundred dollars ($3,500). 6. The City shall indemnify, save, hold harmless,and,at WPL's option,defend WPL, its affiliated companies and their respective directors, officers, employees, and agents from any and all claims, demands, costs, (including without limitation, reasonable attorneys' and expert witness' fees and court costs), expenses, losses, causes of action (whether at law or in equity), fines, judgments, civil penalties and administrative proceedings for injury or death to persons or damage or loss to property,environmental damages, or other business losses, including those made or incurred by WPL or its affiliated companies and their directors, officers, employees, or agents, or third parties, or governmental agencies in any way arising from or connected with the construction, existence, operation, maintenance or removal of the Encroachments. This paragraph shall not obligate the City to indemnify, save, hold harmless or defend WPL, its affiliated companies and their respective directors, officers, employees, and agents, from any claims, demands, costs, expenses, losses, causes of action, fines,judgments, penalties and proceedings arising from or connected with negligence on the part of WPL. 7. In the event that the construction, existence, operation, maintenance, collapse, relocation, or removal of the Encroachments causes WPL to incur any excess cost for installation, operation, maintenance, protection. repair and inspection of WPL's facilities, or the clean up or handling of any spills of commodities being transported by WPL, City, its successors or assigns, agrees to reimburse WPL for any and all such excess costs that would not have occurred but for the existence of the Encroachments. 8. It is strictly understood and agreed that City shall hold WPL harmless from and against any and all claims for damages arising from WPL's removal, destruction, occupation and use of the Encroachments in the reasonable performance of WPL's installation, operation, maintenance, repair, removal, replacement or inspection of WPL's facilities. 9. WPL and City agree that the existence of the Encroachments does not constitute a waiver of WPL's express rights under the Easements or any other rights which may be M:\encroach\shakenc.doc 4 Tracts 7310 & 7309 Scott County, Minnesota implied at law or equity. 10. Except for the Encroachments,City will not at any time erect, construct,or create any additional buildings, improvements, structures, pavement, ditches, utility or sewer lines, trees or obstructions of any kind either on, above, or below the surface of the ground within WPL's existing easement strips as described in the Easements,or change the grade thereof, or cause or permit these things to be done by others, without the express prior written permission of WPL. 11. In the event that City or WPL breaches any of the terms,covenants or provisions of this Agreement, and WPL or City commences litigation to enforce any provisions of this Agreement,the cost of attorneys' fees and the attendant expenses will be payable to the prevailing party upon demand. 12. The terms and conditions of this Agreement shall constitute covenants running with the land and be binding upon and inure to the benefit of the parties hereto, their successors and assigns. WPL executes this Agreement and provides the consents set forth in this Agreement solely on its own behalf. WPL does not represent,through this Agreement or otherwise, any other entity other than WPL's future successors and assigns. 13. The Easements insofar as they may cover and relate to land other than the land within and underneath the Encroachments as described on Exhibit "A", shall remain in full force and effect in accordance with all of their terms, conditions and provisions. Nothing herein contained shall be construed as releasing or impairing any rights or privileges under the Easements insofar as the Easements cover the land within and underneath the Encroachments as described on Exhibit"A"; but the Easements insofar as they relate to the land within and underneath the Encroachments and insofar as they may be inconsistent or in conflict herewith, are hereby amended to the extent that the rights, privileges and obligations of WPL and the City shall be determined under the terms, conditions and provisions of this Agreement. M:\encroach\shakenc.doc 5 Tracts 7310 & 7309 Scott County, Minnesota IN WITNESS WHEREOF, we have hereunto set our hands and seal on the day and year below. w o 4W° (SEAL) WILLIAMS PIPE LINE COMPANY By: T. F. Elbert, Manager Land, Records and Claims Attorney-in-Fact Date: -WPL ATTEST: By Name: Name: Title: Title: Date: ATTEST: By Name: Title: Date: Name: Title: - City STATE OF OKLAHOMA ) ) SS COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for the City and state aforesaid, on this_day of , 1997,personally appeared T. F. Elbert , Manager, Land, Records and Claims,who being by me duly sworn, did say that he is the Attorney-in-Fact for Williams Pipe Line Company, a Delaware corporation, by virtue of a May 29, 1996, Power of Attorney filed for M:\encroach\shakenc.doc 6 Tracts 7310 & 7309 Scott County, Minnesota record May 31, 1996, in the City of Tulsa, State of Oklahoma, in Book 5813 at Page 2488-2489,as Document 96053002, and that the seal affixed to this instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, and said T. F. Elbert acknowledged said instrument to be the free act and deed of said corporation. In testimony whereof,I have hereunto set my hand and affixed my official seal at my office in said City and state the day and year last above written. My Commission Expires: STATE OF ) ) SS COUNTY OF ) BE IT REMEMBERED, that on this day of , 1997, before me the undersigned, a Notary Public in and for the County and State aforesaid, appeared ,to me personally known,who,being by me duly sworn did say that he is the of the City of Shakopee, a Minnesota municipal corporation,duly organized, incorporated and existing under and by virtue of the laws of Minnesota, who is personally known to me to be the persons who executed, as an officer, the within instrument on behalf of said Municipal corporation, and such person duly acknowledged the execution of the same to be the act and deed of said Municipal corporation. In testimony whereof, I have hereunto set my hand and affixed my official seal at my office in said City and state the day and year last above written. Notary Public My Commission Expires: STATE OF ) ) SS COUNTY OF ) BE IT REMEMBERED, that on this day of , 1997, before me the undersigned. a Notary Public in and for the County and State aforesaid, appeared , to me personally known,who,being by me duly sworn did say that he is the M:\encroach\shakenc.doc 7 Tracts 7310 & 7309 Scott County, Minnesota of the City of Shakopee, a Minnesota municipal corporation, duly organized, incorporated and existing under and by virtue of the laws of Minnesota, who is personally known to me to be the persons who executed,as an officer,the within instrument on behalf of said Municipal corporation, and such person duly acknowledged the execution of the same to be the act and deed of said Municipal corporation. In testimony whereof,I have hereunto set my hand and affixed my official seal at my office in said City and state the day and year last above written. Notary Public My Commission Expires: STATE OF ) ) SS COUNTY OF ) BE IT REMEMBERED, that on this _day of , 1997, before me the undersigned, a Notary Public in and for the County and State aforesaid, appeared ,to me personally known,who,being by me duly sworn did say that he is the of the City of Shakopee, a Minnesota municipal corporation, duly organized, incorporated and existing under and by virtue of the laws of Minnesota, who is personally known to me to be the persons who executed, as an officer, the within instrument on behalf of said Municipal corporation, and such person duly acknowledged the execution of the same to be the act and deed of said Municipal corporation. In testimony whereof, I have hereunto set my hand and affixed my official seal at my office in said City and state the day and year last above written. Notary Public My Commission Expires: STATE OF ) ) SS COUNTY OF ) BE IT REMEMBERED, that on this —day of , 1997, before me the undersigned, a Notary Public in and for the County and State aforesaid, appeared , to me personally known,who, being by me duly sworn did say that he is the M:\encroach\shakenc.doc 8 Tracts 7310 & 7309 Scott County, Minnesota of the City of Shakopee, a Minnesota municipal corporation,duly organized, incorporated and existing under and by virtue of the laws of Minnesota, who is personally known to me to be the persons who executed,as an officer,the within instrument on behalf of said Municipal corporation, and such person duly acknowledged the execution of the same to be the act and deed of said Municipal corporation. In testimony whereof,I have hereunto set my hand and affixed my official seal at my office in said City and state the day and year last above written. Notary Public My Commission Expires: M:\encroach\shakenc.doc 9 Tracts 7310 s 7309 Scott County, Minnesota JUL-24-1997 12:01 P.07 1 .--1 I r 1____,J ,-, ,.......„ _.,. _ _ : ..-i , 5.**8'LLL M ,.90 :61. O N Atr r 0/-4"44 to % . ,4 wpl 's Pyt,1:„a /; ; , � // /' /b1. • /it//i oo //// / .� • /,..% t// ,,�' I y1 1;:';';':.:,;;:. / --�� /1/1/1/1 11////17//1 /;�'': '� dye, ,o1 i— "" / , n;/ 1.-- •, 1,1J.��(/,., i rte' 1.143 < ' i //I/4W ' 1 !i 4 1 !I I i 0 ti , ;: / r I l 1\11 1 - ,',:/./i/ : ,' ;4/4'4 „</p7 Li j ,\11\• ''' \ 2 ` , ` Z tt; ' •%i,/l ,Y'/fit Z i \P, Ill i 1 :i• '/ /i',,2; "i':�1 % ,� 1 u`Iiil i1I itf--�-- 1 /: ' , , „i,,.. Irir1d. j I` j; 'it 'C .4'% ,i 1r. jr, I, CI: ,/� {lj'• l' ill s'/.' ,.,//J./! I • ! 't OS'7 ✓/ ... ... . .. 3 ..G. ,Q 1 0 $ . , , ; 1 I 1 (,- Iri / '!' Ili• / I / r.j, EI ! f.. i ! 1 _ 1 1 I ` .�.��,_....ae.�.�T ........ ..oro•' F '.ate I / ..:4J.':e•.. / 1 1 i i ' -c 1 . I I I' / / •� 1 I Ill 4744 Is :- i :t • ..:a i 7/!-- y= • t: ; •r. 1332{15 S1Rldw i r--I --------------- i Exkiki "A” Ale 1 JUL-24-1997 12 01 P.08 p d � Aflrf 071 t• 1OCA.iien O* W ri.s J ,p,11'wa 1 I aw i 7 C 0 N e `' }aai� al��� }sod r1 C .77— �—��``` a,....... c.,_ I ii -. `, I N I . \�` W\, a II `� . I �1 N __ _ 1 i i J I t!? 1),,,,, , I ='Y �v� - / p' � � : / U : r� \ //;may .'� .� I 6< iC6iII r Ir �[ ; �.t11 .111 (L.i/I ? I 11t i r7i= & v ioIS ILi r i I O� N �1 I 1 i I I I I I I ( I I t_._! I I - 1 01 a 4aoJj aul 1.s7M I I I I I I i `` i 1 i . I ..:..4. :�e-y i i .r ! I 1- .-_ I .-- I -I I` I I I 1 1 ,.._.._.._.. ..I_.. ._ ._.._.._.._.._. • I TOTAL P.08 Ex.0311 "A„ AT a IS. 02. . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: John H. DeLacey, Engineering Tech. IV SUBJECT: Assessment Policy Revisions DATE: February 17, 1998 INTRODUCTION: Attached is Resolution No. 4852, a resolution amending the Special Assessment Policy for assessing improvements for traffic control to commercial, industrial and institutional zoned properties. BACKGROUND: City staff has completed a feasibility report for improvements to Vierling Drive, from Sage Lane to Miller Street for the purpose of traffic control in a commercially zoned area. The feasibility report is recommending that the improvements should be assessed to the commercial properties. These improvements consist of widening the existing roadway, concrete medians and traffic signalization. The current Assessment Policy does not currently address assessing this type of benefit. Staff is recommending that the Assessment Policy be revised to state that improvements for traffic control at commercial, industrial and institutional properties shall be assessed at 100% to the benefiting properties. The types of traffic control improvements that staff anticipates occurring are additional turn lanes, diagonal parking and traffic signalization. ALTERNATIVES: 1. Adopt Resolution No. 4852, a resolution amending the Special Assessment Policy. 2. Deny Resolution No. 4852, a resolution amending the Special Assessment Policy. 3. Modify and adopt Resolution No. 4852, a resolution amending the Special Assessment Policy. 4. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4852, A Resolution Amending the Special Assessment Policy with Regard to Assessing Improvements for Traffic Control to Commercial, Industrial and Institutional Zoned Properties and move its adoption. ,, ,,ii----, „_ ce ,a-1-,-L------- John H. DeLacey Engineering Tech. IV JHD/pmp MEM4852 RESOLUTION NO. 4852 A Resolution Amending The Special Assessment Policy WHEREAS, on January 19, 1992, the City Council of Shakopee adopted the Special Assessment Policy by Resolution No. 3735; and WHEREAS, the Special Assessment Policy was recently amended by Resolution No. 4787 on November 5, 1997; and WHEREAS, the City Council desires to further amend the Special Assessment Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: the Special Assessment Policy is hereby amended as follows: The following will be added to Section X -Assessment Computations: K. TRANSPORTATION IMPROVEMENTS All costs associated with improvements constructed such as widening of a roadway for turn lanes, additional driving lanes, diagonal parking and traffic signalization shall be assessed 100% to the benefiting properties in commercial, industrial and institutional zoned areas. This policy change shall become effective February 17, 1998. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk /s , 13. , CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vierling Drive Improvements from Sage Lane to Miller Street Project No. 1998-2 DATE: February 17, 1998 INTRODUCTION: Attached is Resolution No. 4834, a resolution receiving a report and calling a hearing on an improvement to Vierling Drive, from Sage Lane to Miller Street. BACKGROUND: On September 2, 1997, Resolution No. 4729 was adopted by the City Council which ordered the preparation of a feasibility report for an improvement to Vierling Drive, from Sage Lane to Miller Street. The improvements to Vierling Drive near the intersection of County Road 17 have been initiated because of the commercial developments proposed near this intersection. The improvements proposed include the widening of the existing Vierling Drive with turn lanes, medians, and appurtenant work. These improvements are necessary to handle the increase in traffic volume anticipated with the commercial developments. Also included in this report is the construction of a traffic control signal at the intersection of Marschall Road and Vierling Drive. In the report, staff is recommending that the widening and channelization improvements be done concurrently with the signal improvement, with the City of Shakopee as the lead agency in completing the project. Staff would also recommend that the City enter into a Cooperative Agreement with Scott County on this project. The attached resolution sets the date for the public hearing for this project for March 17, 1998. The approval of Resolution No. 4834, 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 the project. ALTERNATIVES: 1. Adopt Resolution No. 4834. This action will receive the feasibility report and set the date for the public hearing for March 17, 1998. 2. Deny Resolution No. 4834. This action will halt the project until such time as City Council reconsiders the resolution. 3. Table Resolution No. 4834, 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. 4834, as this would allow for a public hearing and public input on the proposed improvements to decide whether or not this project should move forward for the 1998 construction season. ACTION REQUESTED: Offer Resolution No. 4834, A Resolution Receiving a Report and Calling a Hearing for an Improvement to Vierling Drive, From Sage Lane to Miller Street, Project No. 1998-2 and move its adoption. JeofBruce Loney Public Works Director BL/pmp MEM4834 RESOLUTION NO. 4834 A Resolution Receiving A Report And Calling A Hearing On An Improvement To Vierling Drive, From Sage Lane to Miller Street Project No. 1998-2 WHEREAS,pursuant to Resolution No. 4729 of the City Council adopted September 2, 1997, a report has been prepared by the City Engineer,with reference to the improvement of Vierling Drive, from Sage Lane to Miller Street by the installation of traffic signalization, widening of the existing pavement surface including concrete curb & gutter, sidewalk,bituminous paving and appurtenant work and this report was received by the Council on February 17, 1998. 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 Sage Lane to Miller Street 18 by the installation of traffic signalization,widening of the existing pavement surface including concrete curb & gutter, sidewalk,bituminous paving and 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$ 2. A public hearing shall be held on such proposed improvements on the 17th day of March, 1998, 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 1998-2 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk TABLE OF CONTENTS DESCRIPTION PAGE NO. ' Introduction 1 Scope 1 Background 1 Proposed Improvements 1 -2 Special Assessments 2 - 3 Project Costs 3 ' Summary and Conclusions 4 1 1 1 INTRODUCTION By Resolution No. 4729, the City Council of Shakopee ordered the preparation of a feasibility report for the improvement of Vierling Drive, from Sage Lane to Miller Street. i SCOPE This report evaluates the feasibility of the improvement of Vierling Drive, from Sage Lane to Miller Street by the installation of traffic signalization, widening, and concrete medians for traffic control purposes, adjacent to the commercially zoned sites at the intersection of Marschall Road (County Road 17) and Vierling Drive. ' BACKGROUND ' This project is being proposed due to two commercial developments that have recently been platted west of Marschall Road on the north and south sides of Vierling Drive. ' The City's consultant, WSB & Associates, has reviewed a traffic study prepared by BRW and concluded that improvements such as traffic signalization, widening of Vierling Drive for turn lanes, and the installation of concrete medians are necessary for traffic control in this commercial area. Included in this report are the costs for the installation of traffic signalization for the Vierling Drive/Marschall Road intersection. Scott County has contracted with WSB & Associates to design this signal system. The City of Shakopee will be participating in the cost of this traffic signal, per our cost sharing agreement with Scott County. It should be pointed out that Scott County had determined the need for this traffic signal even without the completion of commercial development in this area. Staff will be meeting with Scott County staff to coordinate all phases of this project. PROPOSED IMPROVEMENTS 1 A. STREETS Vierling Drive is proposed to be widened and to have concrete medians installed for turn 1 1 lanes between Sage Lane and Marshall Road. City Staff has met with WSB & Associates and determined that at this time no widening would occur between Marshall Road and Miller Street. Traffic volumes are anticipated to be low enough so that turn lanes could be constructed within the existing pavement width utilizing concrete medians and striping. A map is included in this report showing the proposed improvements. The existing curb & ' gutter and sidewalk will need to be removed and replaced on Vierling Drive west of Marshall Road to accomplish the widening. Adequate right-of-way has been dedicated in the platting of the commercial property for widening Vierling Drive. Staff is proposing to salvage the existing pavement on Vierling Drive by cutting and patching to widen and install concrete medians, and then performing a bituminous overlay upon the entire pavement width. B. STORM SEWER Minor storm sewer work will be needed to adjust the location of existing storm facilities due to the widening of Vierling Drive. C. TRAFFIC SIGNALIZATION The City's consultant has determined that eventually a traffic signal will be necessary west of Marshall Road at the intersection of Vierling Drive and the major entrances to the commercial properties located on the north and south sides of Vierling Drive. This report recommends the installation of cable and conduit for future traffic signalization to be installed under the road surface at this time so the roadway will not have to be disturbed in the future. Scott County is proposing a traffic signal at the intersection of Vierling Drive and Marschall Road(C.R. 17). The City of Shakopee will be participating in the cost of the traffic signal due to Vierling Drive being a City street. City staff has met with Scott County regarding this entire project and preliminary discussions have indicated that this traffic signal should be included as part of the City project with Scott County reimbursing the City for their share of the cost. The City's consultant, WSB & Assoc., is already proceeding with the traffic signal design under a separate contract with Scott County. SPECIAL ASSESSMENTS The City of Shakopee has on file a petition and waiver of appeal for Special Assessments for the improvement of Vierling Drive from both commercial developments (Crossroads Center and Boulder Ridge) on the west side of Marschall Road. No development is occurring at this time to the commercially zoned property located east of Marschall Road, with only the property on the north ' side of Vierling Drive being platted. This report recommends assessing 100% of the improvements to Vierling Drive to the benefiting properties, with the exception of the bituminous overlay. Staff 1 2 I 1 feels that the City of Shakopee would also benefit from the overlay in that it will extend the pavement life of Vierling Drive. Therefore, staff would recommend that the City of Shakopee pay 1 for 50%of the construction cost for the bituminous overlay. I PROJECT COSTS I For the purposes of assessing this Project, cost estimates were prepared separately for improvements to Vierling Drive on the west side of Marschall Road and on the east side of Marschall Road. 111 VIERLING DRIVE -WEST SIDE OF MARSCHALL ROAD IAssessed Costs - $270,414.72 City Costs—(50%of Overlay)— $ 13,724.22 ITotal This Portion- $284,138.94 IVIERLING DRIVE - EAST SIDE OF MARSCHALL ROAD IAssessed Costs - $ 26,149.06 Total This Portion- $ 26,149.06 TRAFFIC SIGNAL AT VIERLING DRIVE/MARSCHALL ROAD IScott County Costs - $ 65,000.00 ICity Costs — $ 65,000.00 Total This Portion— $130,000.00 I I I 3 1 I FUNDING SUMMARY Total Assessed— $303,438.78 ' City Costs— $ 78,724.22 Scott County Costs— $ 65,000.00 TOTAL $447,163.00 ' CONCLUSION This report finds that the improvement of Vierling Drive from, Sage Lane to Miller Street, is both cost effective and necessary to provide an adequate roadway system for this area in the City of 1 Shakopee and should be constructed as recommended in this feasibility report. 111 Note: City costs to be funded with Capital Improvement Funds. I I I 1 I I 1 4 1 1 APPENDIX 1 Cost Estimates ' Proposed Assessments Location Map Zoning Map Proposed Improvements Assessment Map 1 1 1 1 1 1 1 1 1 1 1 I I VIERLING DRIVE-West of C.R. 17 WIDENING ICOST ESTIMATE UNIT TOTAL 111 NO. DESCRIPTION UNITS QTY. PRICE PRICE 111 1 Saw Cut Bituminous LF 2200 $ 2.00 $ 4,400.00 2 Remove Bituminous SY 1600 $ 2.00 $ 3,200.00 I3 Remove Curb and Gutter LF 2800 $ 1.20 $ 3,360.00 4 Remove Conc.Walk SF 6800 $ 0.50 $ 3,400.00 I5 Common Excavation CY 1450 $ 6.00 $ 8,700.00 6 Aggregate Base Cl. 5-(8"Thick) SY 3300 $ 3.30 $ 10,890.00 I (100%Crushed Limestone) 7 Type 31, Bituminous Base Course SY 2900 $ 2.80 $ 8,120.00 I (2-1/2"Thick-Widening) 8 Type 41, Bituminous Wear Course SY 2900 $ 2.30 $ 6,670.00 1 (2"Thick-Widening) 9 Type 41, Bituminous Wear Course TON 850 $ 22.00 $ 18,700.00 1 (1-1/2"Thick-Overlay) 10 Bituminous Material for Tack Coat GAL 650 $ 1.25 $ 812.50 I11 4"Concrete Walk SF 14550 $ 2.25 $ 32,737.50 12 4"Concrete Walk(Median) SF 10850 $ 2.25 $ 24,412.50 I13 Concrete Curb&Gutter Design B618 LF 5000 $ 7.50 $ 37,500.00 14 10"Concrete Crosspan SF 920 $ 6.00 $ 5,520.00 I15 Striping LS 1 $ 2,000.00 $ 2,000.00 16 Transplant Trees EA 20 $ 125.00 $ 2,500.00 I17 Salvage&Install 18"RCP Storm Sewer LF 12 $ 35.00 $ 420.00 I 18 Salvage&Install 21"RCP Storm Sewer LF 32 $ 38.00 $ 1,216.00 19 Salvage&Install 24"RCP Storm Sewer LF 12 $ 38.00 $ 456.00 I 20 Furnish&Install 18"RCP Storm Sewer LF 24 $ 38.00 $ 912.00 21 Furnish&Install 21"RCP Storm Sewer 16 $ 38.00 $ 608.00 I22 Furnish&Install 24"RCP Storm Sewer LF 24 $ 38.00 $ 912.00 I I I VIERLING DRIVE-West of C.R. 17 WIDENING ICOST ESTIMATE UNIT TOTAL I NO. DESCRIPTION UNITS QTY. PRICE PRICE I23 Remove Exist. Catch Basin EA 8 $ 300.00 $ 2,400.00 24 Furnish&Install Catch Basin LF 8 $ 1,100.00 $ 8,800.00 1 25 Site Restoration LS 1 $ 5,000.00 $ 5,000.00 26 Equip Intersection for Future Traffic Signal LS 1 $ 10,000.00 $ 10,000.00 I27 Traffic Signage LS 1 $ 3,000.00 $ 3,000.00 I TOTAL CONSTRUCTION= $ 206,646.50 10%CONTINGENCY= $ 20,664.65 ISUBTOTAL= $ 227,311.15 25% ENGINEERING= $ 56,827.79 IGRAND TOTAL= $ 284,138.94 1 Total Estimated Amount to be Assessed Construction Amount= $ 196,665.25 1 10%Contingency = $ 19,666.53 Subtotal= $ 216,331.78 1 25% Engineering/Admin= $ 54,082.94 Total Assessed= $ 270,414.72 I Total City Cost(50%of Overlay) IConstruction Amount= $ 9,981.25 10%Contingency = $ 998.13 ISubtotal= $ 10,979.38 25% Engineering/Admin= $ 2,744.84 ITotal City Cost= $ 13,724.22 I I I 1 VIERLING DRIVE-East of C.R. 17 WIDENING I COST ESTIMATE UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE I1 Saw Cut Bituminous LF 750 $ 2.00 $ 1,500.00 2 Remove Bituminous SY 400 $ 2.00 $ 800.00 1 5 Common Excavation CY 130 $ 6.00 $ 780.00 6 Concrete Curb & Gutter Design B618 LF 680 $ 7.50 $ 5,100.00 7 Patch Bituminous (Includes 8" Cl. 5, SY 250 $ 8.00 $ 2,000.00 I 2-1/2" Bit. Base, 2" Bit. Wear) 8 4"Concrete Walk SF 2150 $ 2.25 $ 4,837.50 I 9 Striping LS 1 $ 500.00 $ 500.00 10 Street Light LS 1 $ 3,000.00 $ 3,000.00 11 Traffic Signage LS 1 $ 500.00 $ 500.00 1 TOTAL= $ 19,017.50 10% CONTINGENCY = $ 1,901.75 I 25% ENGINEERING SUBTOTAL= = $ 20,919.25 $ 5,229.81 GRAND TOTAL= $ 26,149.06 I I I I I 1 I I I I 1 PROPOSED ASSESSMENTS FOR THE IMPROVEMENT to VIERLING DRIVE - SAGE LANE TO MILLER STREET (WEST OF MARSCHALL ROAD) FEB. 1998 TOTAL I DEVELOPER DESCRIPTION ASESSMENT ads Center Property on the $202,811.04 South Side of Vierling Drive &West of Vierling Drive Boulder Ridge Property on the $67,603.68 North Side of Vierling Drive &West of Vierling Drive TOTAL $270,414.72 Total Amount Assessed = $270,414.72 Per developer's agreement on file-Crossroads Center to be assessed 75% of Project Cost with the remaining 25% being assessed to Boulder Ridge. 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Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize the Preparation of a Feasibility Study for Vierling Drive, from County Road 15 to Fuller Street DATE: February 17, 1998 INTRODUCTION: Attached is Resolution No. 4842, which orders the preparation of a feasibility report for the construction of Vierling Drive, from County Road(C.R.) 15 to Fuller Street. BACKGROUND: The developer for Orchard Park West is petitioning the City to construct Vierling Drive through the Orchard Park West development. This development is adjacent to, and west of C.R. 79, and approximately 1300 feet east of C.R. 15. A vacant parcel lies between C.R. 15 and Orchard Park West. An executed petition is expected by the Council meeting. This project was identified in the attached 1998-2003 CIP for construction in 1998. Staff is recommending that Council initiate the project versus relying on the petition as there are two other property owners affected by this improvement project. By Council initiating the project, it takes a 4/5 vote of Council to order the project. The construction of this segment of Vierling Drive would "complete" this roadway from Taylor Street (behind K-Mart) to C.R. 16. In the preparation of the feasibility report, staff will analyze whether it is best to construct Vierling Drive from C.R. 15 to Fuller Street in its entirety at this time or only the portion of Vierling Drive in Orchard Park West. ALTERNATIVES: 1. Adopt Resolution No. 4842. 2. Deny Resolution No. 4842. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4842, A Resolution Ordering the Preparation of a Report on an Improvement to Vierling Drive, from County Road 15 to Fuller Street. Bruce Loney Public Works Director BL/pmp MEM4842 L 0 as O o + a o el p V► 00 0 C) N ; a U 0 O L_ n o a1 o .0 o ro U E a ' Z '1 U a1 V. to o wb v aYa o W d Y I0 iv ; as , o w ti 7 c S w ci 1 g r-:. E. E g , a 0z` Zo u ,:OW 3 �d icO � h el il; = A •• oV °V 1 p ° N « pla t c cto O6 , V 0d , 7. 0 O NN Ny G 0a5 = : . -) doci- w y > Z o 1 aa. , U i'! �♦ , ,•, Ili L 31 "- ��i •II in c .. �,,��`,t!�" g xi r EY Lt.l • 0 0 00 0O 0 �� „I/�mR ■M L �' c o 0 0 0 0 ��� 015��'aWem,,�y, h_- OS g 1,- O O NOD CO 4 5 mE ~ L 14:4471171 EK 3 2-'4: 2 .1.1= L 'ON rn1 1111* ,.c,1►.a. m jg :: N -0 . cC o CCO C c dc -o cccos c _ . o L aa) �° v > wLL � a°i d I= d IV 0 1 / L `m ° = cct icQacial '� a 3332 ° 1 �I CO apOas OZa Z0 ••••• cc 0 O t• W .5 C •€ cA tL E y o w c .o d N U CO a 'tress 3 C m as o�� — a) .2-• H L' ' Z`pp �' 1 1° d c -a oc :° y ;� c J3z2 rnasasto arty %ID t V ascca.0occaxY5c �% °� cccE € Jo =n AMNIO L • o 2 _ o o .2,- 1_0 c O m o o I- o � as.as as ° ° ix unu �m � c� Ew tLc9 () HaULaco co cocococoi- ■1111► 1' o a` ¢ ao 7-74 RESOLUTION NO. 4842 A Resolution Ordering The Preparation Of A Report On An Improvement To Vierling Drive, From County Road 15 To Fuller Street WHEREAS, it is proposed to improve Vierling Drive, from County Road 15 to Fuller Street by street construction, bituminous paving, curb & gutter, sidewalk and/or bituminous trail, storm sewer,box culvert and any appurtenant work and to assess the benefited property for all or a portion of the cost of the improvement,pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk lc• D ,) . CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: John H. DeLacey,Engineering Tech. III SUBJECT: 1996 Pavement Preservation Project No. 1996-10 DATE: February 17, 1998 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on Bituminous Overlay on 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee Avenue,Project No. 1996-10. 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$32,555.00 and the actual final costs of$32,994.00 for this project. ACTION REQUESTED: Offer Resolution No. 4851,A Resolution Accepting Work on Bituminous Overlay on 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee Avenue, Project No. 1996-10 and move its adoption. John DeLacey �L l Engineering Tech. III JD/pmp MEM4851 RESOLUTION NO. 4851 A Resolution Accepting Work On The Bituminous Overlay on 10th Avenue, From County State Aid Highway 17 to Shakopee Avenue; And Swift Street, From 10th Avenue to Shakopee Avenue Project No. 1996-10 WHEREAS,pursuant to a written contract signed with the City of Shakopee on October 9, 1996, McNamara Contracting, Inc. has satisfactorily completed the 1996 Pavement Preservation Program, 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; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$1,649.75, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk CERTIFICATE OF COMPLETION CONTRACT NO. : 1996- 10 DATE: February 11 . 1998 PROJECT DESCRIPTION : 1996 Pavement Preservation CONTRACTOR: McNamara Contracting , Inc . 5001 160th Street West Rosemount , MN 55068 ORIGINAL CONTRACT AMOUNT $ 32 , 555 . 00 QUANTITY CHANGE AMOUNT $ 272 .40 CHANGE ORDER NO. 1 THRU NO. -- AMOUNT . . , $ 167 . 50 FINAL CONTRACT AMOUNT $ 32 , 994. 90 LESS PREVIOUS PAYMENTS $ 31 , 345 . 15 FINAL PAYMENT $ 1 , 649 . 75 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all 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, ti� srofessiona gineer MINNESOTA Department of Revenue Withholding Affidavit for Contractors «-134 This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. P'ecse!ype or print c!ec.iy. his will be your mailing label for returning the completed form. r 'Company name C I Daytime phone •Q, /',G 4, A. cc n7i,�i-1,.s AA I612 i �3 �,c� t� O Minnesota�ithncidin9 tax ID number ccri'tctr jcJ , r L Acta:255 .� I LZ,56.6.5- , rD(GJ C Total contract amount ! Month/ began ) 470 S+rez-7-- (d.7e f month/year c "" y I $ 32.994.90 i October 1996 i C;y Stare Zip Code Amount still due QcSc� "+'t o•4.--c 1 _ _ _ mfti ss0 6 I 3 1 649.75 Month tear work ended J October 1996 • Proiecr number , Project location H:Ar: 1996-10 Pavement Preservation Program 10th Avenue Overlay +.: II' Address Project owner "`iiiCity Stare Zip code evu. City of Shakopee 129 Holmes Street South Shakopee, MN 55379 " Did you have employees work on inis project? I!Yes I_No If no,who did the work? Check the box that describes your involvement in the project and riii in ail information requested. ,1 ❑ Sole contractor : 1 i; Subcontractor Name of contractor who hired vnu ,r'rirwes a. ` Prime contractor—IF you subcontracted out any work on this project, oil of your subcontractors must File their own ... IC 134 efridcvits and have them certified by the Department of Revenue before you con file your ec ccvit. For each s_. subcontractor you hoc, Fill in the information below and attach e copy of each subcontractor's certified IC-134. If you need marespcct ' , attach,� n c seocrcte sheet. " Business �n+ame Address Owner/C�icer • L.a I declare that cil information I have filled in on this form is true and complete to the best of rnv knowledge and belief.I authorize the Department of Revenue to disclose oerrinenr information relating to this project. including sending copies or this form, to the prime contractor if I cm a subcontractor, s. and•a ony subcontractor I cm a prime contractor, and to the contracting agency. cI C;,n„ igr‘a. rt ifir N ... Dare ' I/ '4" ail MI fi iry/ 2. -g -qg Mail to:MN Dept. of Rev_ it Holding Division,Mail Station 6610, Sr. Paul, MN 55146.6610 Certificate of Compliance 1 Scsed on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has • fulfilled oil the recu;rerrents of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax From •:.ares ooid to errcloyees relating to contract services with the state of Minnesota end/or its subdivisions. Dote : a,_ , . 4 FEB3199 -.--e,.. '.Cy C'e^- 3'a .v,.n 0°' ;airtonsumer-...c.v.',sing sovbased ane CITY OF SHAKOPEE Memorandum CONSENT; TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: C.R. 16 Revised Assessment DATE: February 17, 1998 INTRODUCTION: Associated with the County Road (C.R.) 16 Sanitary Sewer and Water Service Project, there were several assessment appeals from property owners on this project. The City Attorney has negotiated a settlement with parcels owned by Valley Green Business Park. Attached is Resolution No. 4850, a resolution which adopts the revised assessment for the parcel on the C.R. 16 Sewer Project. BACKGROUND: Attached to this memo is a letter from Jim Thomson in regard to a settlement associated for Outlot D owned by Valley Green Business Park. With the C.R. 16 sanitary sewer and water service project, Valley Green Industrial Park received an assessment on four outlots in Canterbury 2nd Addition. The assessment reduction is proposed for Outlot D only, in which the adopted assessment for Outlot D was $72,474.94. The proposed settlement agreement with Valley Green Business Park is for a $25,000.00 reduction on Outlot D. The reason being for this reduction is that much of this parcel can be and is proposed to be served by a sanitary sewer line off of Secretariat Drive, in conjunction with the proposed Seagate Project. The total amount of assessment received on Outlots A, B, C and D of Canterbury 2nd Addition was $166,392.44. The assessment reduction of $25,000.00 will be applied only to Outlot D. ALTERNATIVES: 1. Adopt Resolution No. 4850. 2. Deny Resolution No. 4850. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as the proposed settlement has been agreed upon between the City Attorney and the property owner's attorney. ACTION REQUESTED: Offer Resolution No. 4850, A Resolution Adopting the Revised Assessment for the County Road 16 Sanitary Sewer and Water Service for Outlot D, Canterbury Park 2nd Addition, Project No. 1994-11 and move its adoption. 7‘.,4YAQ'0 Bruce Loney Public Works Director BL/pmp VGREEN 470 Pillsbury Center Kennedy 200 South Sixth Street D �r I nn Minneapolis MN 55402 V (612)337-9300 telephone &Graven (612)337-9310 fax FEB e-mail:attys@kennedy-graven.com U titi', CHARTERED CITY OF SHAKPEE JAMES J. THOMSON Attorney at Law Direct Dial(612)337-9209 February 5, 1998 Allen D. Barnard Best & Flanagan 4000 First Bank Place 601 Second Avenue South Minneapolis, MN 55402 RE: Valley Green Business Park v. City of Shakopee Dear Allen: I met with the city council on February 3, 1998, to discuss the settlement referenced in your February 4, 1998 letter. The city council has authorized me to settle the case on that basis. We will be preparing a revised assessment roll that will reflect a $25,000 reduction in the special assessment for Outlot D. This assessment roll will be presented to the city council at its meeting on February 17, 1998. After the revised assessment roll is adopted, it will be forwarded to the county. I am assuming at that time we can enter into a stipulation of dismissal with prejudice of the lawsuit. Please call me if you have any questions. Sincerely, 4) es . Thomson JJT/cm cc: Bruce Loney JJT137888 S11155-27 RESOLUTION NO. 4850 A Resolution Adopting The Revised Assessment For The County Road 16 Sanitary Sewer And Water Service Outlot D, Canterbury Park 2nd Addition Project No. 1994-11 WHEREAS, by Resolution No. 4667, the City Council of the City of Shakopee adopted assessments for the following project and passed upon all objections to the proposed assessments of: Installation of sanitary sewer and water services on County Road 16, from County Road 17 to County Road 83; and WHEREAS,it has been determined that the assessment for Outlot D, Canterbury Park 2nd Addition 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. 4667, 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, 1997, and shall bear interest at the rate of 6.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1997 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 supplemental assessment roll 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 , 1998. Mayor of the City of Shakopee ATTEST: City Clerk N .. 1 -0 N W Z 0c OD 3 o Srm D) � vtt 0 0C O . vG) zc . a3 ° o Hrb cn N = cp 10„, w N co W v 71 O t7 0 (D - Cl. v 1 7 (0COC 7 xo vI d m O v) rii V0 7 omo 4H -I CO m CA-13 C v � _ H > 7J N Z 0 > U) EA w (4 o v m co — a 7, CITY OF SHAKOPEE CONSENT, Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Resolution of Concurrence on Revoking CSAH 18,North of CSAH 101 DATE: February 17, 1998 INTRODUCTION: The City of Shakopee is being requested by Scott County to adopt a resolution of concurrence consistent with Scott County Resolution No. 98017, in which the County revoked County State Aid Highway (CSAH) 18 north of CSAH 101 in the City of Shakopee. BACKGROUND: The County has a State Aid System in which the County State Aid Funds can be utilized for the construction of these highways, similar to the City's Municipal State Aid System. The County is required to have a resolution of concurrence from the City for State Aid designation changes, as per Minnesota State Aid Rules. The revoking of CSAH 18, north of CSAR 101 is necessary since this roadway alignment has been replaced with the newly constructed Trunk Highway(T..H.) 169. Attached to this memorandum is a letter from Scott County in regard to this action and also a copy of Resolution No. 98017 from Scott County, which revoked a portion of CSAH 18 north of CSAH 101, formerly known as T.H. 101. ALTERNATIVES: 1. Adopt Resolution No. 4849, a resolution of concurrence with Scott County's Resolution No. 98017, revoking CSAH 18 north of CSAH 101. 2. Deny Resolution No. 4849. 3. Table for additional information. RECOMMENDATION: Staff recommends that the resolution of concurrence for the revoking of CSAH 18, north of CSAH 101, be approved as recommended by Scott County Public Works and Land Division. ACTION REQUESTED: Offer Resolution No. 4849, A Resolution of Concurrence with Scott County Resolution No. 98017, Revoking County State Aid Highway 18, North of County State Aid 101 and move its adoption. bimI.J•mf Bruce Loney Public Works Director BL/pmp MEM4849 Resolution No. 4849 A RESOLUTION OF CONCURRENCE WITH SCOTT COUNTY RESOLUTION NO. 98017, REVOKING COUNTY STATE AID HIGHWAY NO. 18 WHEREAS, the County Board of Commissioners of the County of Scott did adopt Resolution No. 98017 on January 27, 1998, revoking County State Aid Highway No. 18 within the corporate limits of the City of Shakopee as follows: Beginning at a point on CSAH 101 (f.k.a. Trunk Highway 101) in Section 1, Township 115 North, Range 22 West; thence northeasterly through said Section 1 and Section 6, Township 115 North, Range 21 West, to a point on the north County line, and there terminating.; and NOW THEREFORE BE IT RESOLVED, by the City Council of Shakopee that said revocation of a portion of County State Aid Highway No. 18 within the corporate limits of the City of Shakopee is hereby approved. PASSED AND DULY ADOPTED by the City Council of the City of Shakopee this day of , 1998. ATTEST: Judith S . Cox , City Clerk Jon Brekke, Mayor jf-w:\word\tumback\18conc.doc SCOTT COUNTY OM PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612)496-8346 BRADLEY J. LARSON Fax: (612)496-8365 ASSOCIATE ADMINISTRATOR January 27, 1998 Mark McNeill Shakopee City Administrator Shakopee City Hall 129 Holmes Street S. Shakopee, MN 55379 Subject: Resolution of Concurrence Revoking County State Aid Highway 18 Dear Mr. McN ' : a Enclosed is copy of a Resolution of Concurrence for consideration by the City of Shakopee pertaining to State Aid designation changes on County highways within the city limits of Shakopee. The County Board of Commissioners approve Scott County Resolution No. 98017 on January 27, 1998. This action removes the State Aid designation north of CSAH 101 (f.k.a. TH 101) for the old CSAH 18 alignment that has been replaced with TH 169. This action was inadvertently omitted with the other changes submitted for your consideration in December. Because of our need to have these signed documents returned to the State, we request that this Resolution of Concurrence be executed and returned to us as soon as possible. Thank you for your cooperation in this matter. Please call us if you need additional information. Sincerely, G&&. Scott M. Merkley Transportation Planning Manager SMM/jkf Enclosure jf-w:\word\turnback\revltr.doc An Equal Opportunity/Safety Aware Employer JAN-28-98 WED 9:56 ADMINISTRATION FAX NO. 6124968180 P. 02 BOARD OF COUNTY COMMISSIONERS . SCOTT COUNTY, MINNESOTA Date January 27, 1998 Resolution No. 98017 Motion by Commissioner MACKIE Seconded by Commissioner MALZ RESOLUTION NO. 98017; REVOKING A PORTION OF COUNTY STATE AID HIGHWAY 18 WHEREAS,the Scott County Highway];)epar6ment has requested changes in the County State Aid Highway System, and; WHEREAS,the County State Aid Highway Screening Board has approved the following changes; NOW THEREFORE BE IT RESOLVED,that the Board of Commissioners in and for the County of Scott,Minnesota,requests the Commissioner of the Department of Trzuortation to make the fn11r wing changes to the Scott County State Aid Highway System: REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY 18 Beginning at a point on CSAH 101 (f.k.a.Trunk Highway 101)in Section 1,Township 115 North,Range 22 West; thence northeasterly through said Section 1 and Section 6,Township 115 North,Range 21 West,to a point on the north County Line,and there terminating. YES NO Malz x Matz Bohnsack X Bohnsack Bannerman ABsxax Bannerman Marschall x Marschall Mackie x Mackie • State of Minnesota) County of Scott) I,David J. Unmacht,duly appointed,qualified and County Administrator for the County of Scott,State of Minnesota,do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners,Scott County,Minnesota,at their session held on the_Jday of J 4nv n r y _.1998,now on file in my office.and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Shakopee,Minnesota,this 2 7 t hday of J an,u a r v , 1998. l7f/4 County Administrator By Administrator's Designee jf-w:lword1res198017.doc /6, 46, 5 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: County Road 16 Assessment Appeal Settlement DATE: February 17, 1998 INTRODUCTION: Associated with the County Road (C.R.)16 Sanitary Sewer and Water Services Project, there were several assessment appeals from property owners on this project. The City Attorney has negotiated a settlement with the parcels owned by Mr. Eugene Hauer. BACKGROUND: C.R. 16 sanitary sewer and water services were authorized by Council in 1995 and the assessments were adopted on this project on December 3, 1996. The concrete curb & gutter assessments for C.R. 16 were adopted at the November 19, 1996 City Council. The City Attorney has met with the attorney for Eugene Hauer on his assessment appeal. Mr. Hauer has five parcels that were assessed with the C.R. 16 sewer and water improvement project. The City Attorney is recommending a revised assessment for the sanitary sewer and water assessment for the parcels owned by Eugene Hauer and is also recommending a reimbursement of appraisal fee and one year interest similar to the assessment reductions previously authorized by City Council on February 3, 1998. It is also being recommended that a payment be given to the property owner in lieu of assessment reduction at the County. If City Council concurs with this assessment settlement, as proposed by the City Attorney, Council action should be to direct staff to prepare payment to the property owner in the amount as proposed by the City Attorney and as modified by City Council. Payments should be sent to the City Attorney for proper distribution in this matter. Also, the Sanitary Sewer Fund will be utilized in making payments in this matter. ALTERNATIVES: 1. Approve the assessment settlement as proposed by the City Attorney or as modified by City Council, and direct staff to prepare the payment to the property owners as listed in the recommended settlement letter for distribution by the City Attorney. 2. Do not approve the assessment settlement and direct staff to renegotiate. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as proposed settlements have been determined by the City Attorney and the property owner's attorney. ACTION REQUESTED: Move to approve the payment of assessment settlement, as listed in the assessment settlement letter from Jim Thomson, the City Attorney for payments to be distributed by the City Attorney. 1Pdr ) /ruce Loney Public Works Director BL/pmp PAY in N C (ri 7 0 CO E a) ao Y Ll) N m M N N ›-co CI • op d C c O O O d N U) LL a7 N -0 N W E N a ._ 0. m Q Ix 0 0. E co co o ti 3 d -0 N Nd cc ci N N N W N N N a— U) d• To C • M M M cr ... o) I-- co a) co N e- H y ro (0 co (h M (O 0) 0 CO N OM N N O Q a' w W } w (0 LL0 JPO Oo Tr 2 •^ •- c7 op X OZ (3 L.L. JL? 0 Oa° Q OU4. CONZ - � Ob03 � 0 C g0 °'. W WNQ dna? WuJ W MrnL ZX N L- P- O i 7 0 J O Z W 0 X r` w Z , W M cO N N Z - W U U ,— ct W Z 4 (n T W X Z — m O H � � o _ poo aw � 0I— � O 0) CN - MI I-- of OOwaN W mLu ZTt0 -- 0 �' opONLn1- Z NN 0 wZaraZrm; Zd 0a. TtXCI � QCON (nZ (.,jLn - 1. 0) N --L (\ U N F- M U O O Q OC d' 00 (0 (0 O LL } w U ,D00 — .to - Z '— c' a W 0 _, Z a 0 w Q N dS Z NO O (n M - N N Z N >>- N CCO O Z CO N N N as c/) p Ln w 0 M cr) w N N M Ln - w > Ln 00 w Z W O Ln in cO U Z Ln W W `— wNONQLnc4 cc coowr < Xe0 -J 0) N — ,— x ".., LL 00 W co O co 2 O co 0 co U) S W co Z F- < U) W U) .— co co 0 W O 001 N N 7 7 WW N N O) 2 N N 2 a)N i cis Ln co co .co CO a) CO 4) C Lf) In W Ln Lf) Ln A F c 3 Ln Ln '2•(-6 � Ln ED.5 Ln Z F" a O F- n I— c = F- c 5 F- c > I= d W 2 8 2 2 8 � 2 a`, o6 a`8 � .6 a`, 2 W F" LL co N L.L. co y L1 Lo 0 V- f0 0 W f0 0 W02 a a) 2 a 0 2 a 02 a a) 2 a W C 00 0 M Y 0 CO Y a) CO Y 0 C u) p)CO as co CO N (A CO co 0)00 as 0)CO co \D Cn 7 0 L 7 0 .0 7 0 .0 7 0 7 0 C .• W W N (/) W N U) w N U) W N U) W N (/) h Ocli O - O O aA 0) >" cn E O 0 0 0 0 F, Z co 0o 0o 0o 0o 0 0 O rn 0 0 0 0 aN N N N N Feb-17-98 11:47am From—KENNEDY & GRAVEN 6123379310 T-486 P.02/02 F-481 470 Pillsbury Center Kennedy 200 Spurn Sixth Sum Minncapolia MN 55402 (-• ((12)337-9300 telephone Ciraven (612) 337-9310 faa c-mail.acrys@kenneay-gr.vcid.com CHARTERED JAMES J. THOMSON Attomcy ac Law Direct And(612)337-9209 February 13, 1998 Mr. David L. Sasseville Lindquist & Vennum 4200 IDS Center xU South Eighth Street Minneapolis MN 55402-2205 RE: County Road JO Special Assessment Appeals Dear Mr. Sasseville: This letter will confirm the settlement agreement that we reached yesterday concerning the Hauer parcels. The special assessment for Parcel 19 will not be changed. The special assessments for Parcels 20 through 23 will be reduced by $6300 plus one year's interest on that amount. The City would also pay appraisal fees totaling$2950. The settlement will be accomplished by direct payment, rather than by reducing the assessments that have been certified to the County. We will be submitting this settlement proposal to the City Council at its February 17, 1998 meeting. Sincerel , ame. . Thomson JJT:lh cc: Mr. Bruce Loney Mr. Mark McNeill .JiT13E32F Sh15°-='1 Is. E. 1. CITY OF SHAKOPEE r Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: First March Meeting- Date Change DATE: January 26, 1998 INTRODUCTION: The Council is asked to consider a date in which to have the first regular City Council meeting in March. BACKGROUND: The first regular meeting of March would normally be Tuesday,March 3rd. However, that is also the day of precinct caucuses, and, by State Law, Council will be prohibited from meeting after 6:00 p.m. on that day. RECOMMENDATION: We recommend designating the first meeting in March to be Monday, March 2nd. A Wednesday meeting would be in conflict with a Cable Television meeting normally scheduled for that time. In addition, Wednesday is a common night for church activities. The first Thursday would conflict with the Planning Commission meeting. ACTION REQUIRED: lithe Council concurs, it should,by motion, offer Resolution No. 4832, changing the March 3, 1998, Council meeting date to Monday, March 2nd, and move its adoption. (The meeting would begin at 7:00 p.m.) 1\ JJ L Mark McNeill, City Administrator MM:tiv RESOLUTION NO.4832 A RESOLUTION CHANGING THE MARCH 3, 1998 COUNCIL MEETING DATE WHEREAS,the Shakopee City Code has set the first Tuesday of each month as the regular meeting date for the City Council; and WHEREAS,the Shakopee City Code allows the City Council to change the meeting date by adopting a resolution at least one week prior to the regularly scheduled meeting. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, that the March 3,1998 regularly scheduled City Council meeting be changed to March 2, 1998, at 7:00 p.m Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota,held this 3rd day of February, 1998. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE 16".. 5 . Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Boards and Commissions Appointments DATE: February 12, 1998 INTRODUCTION: The Council is asked to appoint people to boards and commissions for the upcoming year. BACKGROUND: At its meeting of February 3rd,the City Council nominated all candidates who had applied for membership on boards and commissions. At that time, a panel consisting of Councilmembers Deb Amundson and Clete Link, and City Administrator Mark McNeill,were appointed to interview all candidates,to make a recommendation to the City Council for appointment. All candidates were contacted. Some incumbents declined the opportunity to interview. Two other incumbents were out of town on vacation,but indicated their strong desire to be reappointed. All non-incumbents were scheduled,with the exception of Gary Morke,who withdrew his name for consideration as a candidate for the Planning Commission. Also, Gordy Goetzman and Jim Bastyr withdrew their names for consideration as candidates for the Cable Communications Advisory Commission and Shakopee Community Access Corporation Board. On February 11th, interviews were held. As a result,the committee is recommending the following be appointed to service on the boards and commissions: Planning Commission -Terry Joos*,Larry Meilleur* Park& Rec Advisory Board - Sean Laughlin*,Rich Friedrichsen Shakopee Public Utilities -Joan Lynch The committee recommends that the number of SPUC Commissioners be increased from 3,to 5. The City attorney is currently reviewing the process to do that, and more information will be provided at a later time. Police Civil Service Commission -Ron Ward Cable Communications Advisory Commission -Kenneth Scannell* Shakopee Community Access Corporation Board of Directors -Kenneth Scannell* Others for the 2 cable boards to be provided at the February 17th meeting. Building Code Board of Adjustments & Appeals; and Housing Advisory & Appeals Board -James Link*,Dave Limberg Board of Review- One vacancy exists, so two Councilmembers are needed as opposed to one. *denotes incumbents recommended for reappointment. ALTERNATIVES: 1. Conduct a ballot to determine appointments and amend Resolution No. 4853 accordingly. 2. Concur with the interview committee's recommendations by adopting Resolution No. 4853. In addition Council designate two of its own members to serve on the Board of Review. This will make up the five member Board. (You may remember that last year, Council appointed a fourth resident, so only one Councilmember was appointed.) The Board of Review will meet on May 12th and May 26th to hear questions regarding assessor or market value questions. ACTION REQUIRED: 1. Offer Resolution No. 4853,A Resolution Appointing Individuals to Various Boards and Commissions, and move its adoption. 2. Establish two Councilmembers to serve on the Board of Review. Mark McNeill City Administrator MM:tw PLEASE VOTE PRIOR TO THE MEETING AND GIVE TO JUDY BEFORE THE ROLL CALL ON FEBRUARY 17, 1998 FEBRUARY 17, 1998 BALLOT FOR APPOINTMENTS TO BOARDS AND COMMISSIONS Planning Commission and Building Code Board of Adjustments Board of Adjustment and Appeals Housing Advisory &Appeals Board (Vote for 2) (Vote for 2) Michael Burville Michael Burville Terry Joos Dave Limberg Patricia Langdon James Link Dave Limberg Larry Meilleur David Pass Police Civil Service Commission Burl Zorn (Vote for 1) Steven Johnson Park and Recreation Advisory Board Ron Ward (Vote for 2) Burl Zorn Rick Friedrichsen Sean Laughlin David Pass Burl Zorn Shakopee Public Utility Commission (Vote for 1) Patricia Langdon Joan Lynch Mark Miller Andrew Unseth Burl Zorn Councilmember RESOLUTION NO. 4853 A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,THAT THE FOLLOWING APPOINTMENTS ARE HEREBY MADE: 1. Terry Joos and Larry Meilleur are appointed to the Planning Commission and Board of Adjustments and Appeals for four year terms expiring February 28, 2002. 2. Joan Lynch is appointed to the Shakopee Public Utilities Commission for a three year term expiring March 31, 2001. 3. Ron Ward is appointed to the Police Civil Service Commission for a three year term expiring February 28, 2001. 4. Sean Laughlin and Rich Friedrichsen are appointed to the Park & Recreation Advisory Board for three year terms expiring February 28, 2001. 5. James Link and Dave Limberg are appointed to the Housing Advisory and Appeals Board and the Building Code Board of Adjustment and Appeals for three year terms expiring February 28, 2001. 6. Kenneth Scannell is appointed to the Community Access Corporation Board of Directors and Cable Communication Advisory Commission for three year terms expiring February 28, 2001. Adopted in Session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee A TEST: City Clerk [I:\CLERKWDY\RES4853.DOC] CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Cable Television Appointees DATE: February 17, 1998 The City Council is asked to appoint the following to the two cable television advisory boards: Kenneth Scannell (incumbent) Patricia Langdon Ms. Langdon had been an applicant for the Planning Commission,but, as she was not appointed to that,did indicate a willingness to serve on the Cable Commission. • This leaves one vacancy on the Commission. The committee recommends leaving the vacancy at this time. rjelukOchiaM Mark McNeill City Administrator MM:tw 5.- E. 02, / Ei . / i/ ,/ RESOLUTION NO. 4853 A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,THAT THE FOLLOWING APPOINTMENTS ARE HEREBY MADE: 1. Terry Joos and Larry Meilleur are appointed to the Planning Commission and Board of Adjustments and Appeals for four year terms expiring February 28, 2002. 2. Joan Lynch is appointed to the Shakopee Public Utilities Commission for a three year term expiring March 31, 2001. 3. Ron Ward is appointed to the Police Civil Service Commission for a three year term expiring February 28, 2001. 4. Sean Laughlin and Rich Friedrichsen are appointed to the Park & Recreation Advisory Board for three year terms expiring February 28, 2001. 5. James Link and Dave Limberg are appointed to the Housing Advisory and Appeals Board and the Building Code Board of Adjustment and Appeals for three year terms expiring February 28, 2001. 6. Kenneth Scannell and Patricia Langdon are is appointed to the Community Access Corporation Board of Directors and Cable Communication Advisory Commission for three year terms expiring February 28, 2001. Adopted in Session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk [I:\CLERKUUDY\RES4853.DOC] CITY OF SHAKOPEE IS: 6' 5 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Long Term.Employee Retirement Benefit-Non-Contract Employees DATE: February 12, 1998 INTRODUCTION: The Council is asked to adopt a long term employee retirement benefit,which will equalize a benefit between non-contract employees, and the police and public works unions. BACKGROUND: In December, 1996 the City Council approved a policy which set up a retirement severance package above what had been previously been in place. It recognized loyalty from employees who had worked for the City for 25 years or more. In the policy, it provided for a one time lump sum benefit of between 15 and 18 percent of their final annual salary, depending upon years of service (the maximum amount would be achieved after 30 years of service). Other criteria were established, including that the employee must be eligible for full or reduced pension upon benefit (so as to avoid someone retiring from the City of Shakopee and drawing the lump sum, and going to full or part time status with another City), and that a minimum age of 55 years (50 years for police)be attained. There has been a request from non-contract employees to have this benefit considered for them as well. It is brought before you with that recommendation. It has been noted that the existing language is inconsistent with the intent of the original passage -it requires 25 years of service,but the lump sum formula begins to be figured after 15 years. For practical purposes, at 25 years of service, an employee would receive a minimum of 17%, maximizing at 18% after 30 years or more of service. That inconsistency in language will need to be resolved,but I recommend that it not be done at this time. RECOMMENDATION: I recommend that the Personnel Handbook be amended by adding a lump sum retirement benefit for long-term employees, Section III. COMPENSATION, J. Long-term Employee Benefit. ACTION REQUIRED: If the Council concurs, it should,by motion, adopt the following resolution: RESOLUTION NO. 4844 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,AMENDING RESOLUTION NO. 4213, ADOPTING A PERSONNEL HANDBOOK, TO ADD PROVISIONS RELATING TO COMPENSATION. Mark McNeill City Administrator MM:tw RESOLUTION NO. 4844 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 4213 ,ADOPTING A PERSONNEL HANDBOOK, TO ADD PROVISIONS RELATING TO COMPENSATION. WHEREAS, on May 2, 1995,the City Council adopted Resolution No. 4213, adopting a new Personnel Handbook for the Employees of the City; and WHEREAS, the City is adding a lump sum retirement benefit for long-term employees it is necessary to amend the Personnel Handbook by adding SECTION III. COMPENSATION, J. Long-term Employee Retirement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That Resolution No. 4213,Adopting a Personnel Handbook, is hereby amended as follows: By adding Section III. COMPENSATION, J.Long-term Employee Retirement as follows: Long-term employees who have honorable separated from the City shall be eligible for a lump sum benefit at the time of retirement,as provided herein: a. Eligibility requirements: 1.) Employee has worked for the City of Shakopee for at least 25 years; and 2.) Employee is eligible for a full or reduced pension upon retirement; and 3.) Employee shall be a minimum of 55 years of age at the time of retirement. b. Lump sums to be based as follows: 1.) Completion of 15 years of continuous services= 1%of regular annual base pay for each year of continuous service. 2.) Thereafter, an additional .2%for each year up to a maximum limit of 3%. (Example: 16 years= 15.2%of regular annual base pay. 17 years= 15.4%of regular annual base pay,etc.) 3.) The maximum limit is an additional 3%above the 15%for completion of 15 years of continuous service. (Completion of 30 years or more of continuous service= 18%of regular annual base pay.) Passed in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee Attest: City Clerk LI /J - �a / CITY OF SHAKOPEE � (�I c C(�' Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Reduction of Letter of Credit - Prairie Village 2nd DATE: February 10, 1998 INTRODUCTION: City Council is asked to authorize the reduction in the amount of the letter of credit for Prairie Village 2nd Addition. BACKGROUND: The City has received a request to reduce a letter of credit, on file with the City, to insure completion of public improvements contained in the developer' s agreement for Prairie Village 2nd Addition. The developer' s agreement allows for the reduction of the letter of credit by the City upon partial completion of the work, acceptance by the City Engineer and receipt of a one year maintenance bond. The utilities for this subdivision have been installed and have been approved by the City Engineer. The developer has submitted the required one year maintenance bond for the utilities and the Assistant City Engineer has advised that the letter of credit may be reduced to $95, 000 . This amount will be retained to insure completion of the street construction. RECOMMENDED ACTION: 1 . Authorize the reduction of the letter of credit for public improvements in Prairie Village 2nd Addition to $95, 000 . ux,A . 67?(-, Ci y Clerk h:\letteroc.rel CITY OF SHAKOPEE .57 Memorandum TO: Mayor and City Council. FROM: Mark McNeill, City Administrator SUBJECT: Workshop Meeting DATE: February 11, 1998. • INTRODUCTION: The Council is asked to establish a workshop meeting in which to discuss the City's transportation plan and collector street financing, and discuss issue regarding garbage pickup. BACKGROUND: Attached is a memorandum from Bruce Loney, requesting a time to be set with the Council to get some policy direction on these two issues. A draft Transportation Plan component for the Comprehensive Plan has been done by consultant WSB, and a presentation is needed to get concurrence from the City Council. Regarding collector streets,there are several projects currently scheduled for 1998 which will need to be prioritized, in order to meet financing resources. See attached February 3rd memo. Also, the City Council will be asked to discuss a residential garbage pickup policy, so as to receive direction before further work is done. It relates to the current ordinance's residential pickup exclusive language for the City's contractor. More information will be provided at the . meeting. Between the three subjects,we anticipate about two hours' time will be needed. We suggest starting late afternoon,possibly 4:00 or 4:30 as a time to get this done. Attached is a calendar for February and March. Typically, we have done these on the Tuesdays when the Council is not otherwise scheduled to meet. I would note that, if February 24th is a desired date, I would have to leave by 6:00 PM. An alternative Tuesday date would be March 10th. RECOMMENDATION: We recommend that a workshop time be set for discussing the transportation plan and collector street funding, and garbage pickup policies. ACTION REQUIRED: The Council should,by motion, set a date and time in which to meet in a workshop to discuss the issues listed above. .Q\11A Mark McNeill City Administrator MM:tw February 1998 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 anuary •arc SMTWTFS SMTWTFS 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 31 Printed by Calendar Creator Plus on 2/13/98 March 1998 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 e s ruary 'ph SMTWTFS SMTWTFS 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15 16 17 18 19 20 21 19 20 21 22 23 24 25 22 23 24 25 26 27 28 26 27 28 29 30 Printed by Calendar Creator Plus on 2/13/98 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Discussion of 1998 Street Collector Project DATE: February 3, 1998 INTRODUCTION: This memorandum is intended to outline the potential number of street collector projects that have been constructed or will be constructed in 1998 and that affect the State Aid/Capital Improvement Funding. Staff intends to discuss these projects and estimated costs with Council, and to have Council provide direction as to project priorities and funding for these projects. BACKGROUND: For 1998, staff has identified eight (8) street collector projects in which the City participates in the oversizing costs, sidewalk/trail costs and other costs on these type of projects. Attached to this memorandum is a memorandum sent to Mark McNeill and Gregg Voxland, which lists the potential projects and the estimated City costs. Also, attached to that memo is a map showing the various projects and copies of the Capital Improvement Fund and State Aid Fund estimated costs, as contained in the 1998 City Budget. From this project list, the potential costs for street collector improvements for 1998 is estimated at $1,550,000 from the State Aid/Capital Improvement Fund sources and an additional $200,000 from tax levy funding for the 4th Avenue Reconstruction Project for total funding needs of $1,755,000. This includes the proposed Canterbury Drive improvement, in which the City has tentatively agreed for a 50% participation in the reconstruction of that road for the Seagate Project. In the 1998 City Budget, under the Capital Improvement Program, staff had included $200,117 Capital Improvement Funds and $525,117 State Aid Funds to be used on street collector projects in 1998. The Canterbury Drive Project for the Seagate proposal has a City cost estimate of$500,000 which brings the estimated City total cost of$1,225,117. The potential shortfall, if all projects are constructed, is estimated at $500,000 and the funding alternatives for these are as follows: • Capital Improvement Fund • Excess General Fund Balance • Delete Projects to be Constructed for 1998 to Reduce the City's Costs for 1998. Staff believes it is important to discuss these projects and for Council to provide direction on the number and priority of projects to be done in 1998 and funding alternatives. ALTERNATIVES: 1. Discuss the 1998 street collector projects and provide staff direction on the project priority funding sources for these projects. 2. Table this item for additional information. RECOMMENDATION: Discuss 1998 street collector projects with staff and provide direction. ACTION REQUESTED: Request Council to provide direction on project priorities for 1998 and funding sources to complete these projects. Bruce Loney Public Works Director BL/pmp FUNDING CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator Gregg Voxland, Finance Director FROM: Bruce Loney,Public Works Director SUBJECT: 1998 Street Collector Projects and Associated City Cost DATE: January 22, 1998 This memorandum is to provide information on the potential number of projects that would involve constructing street collectors in the City of Shakopee and its associated project cost that are the responsibility of the City. The following are a list of projects as indicated in the 1998 CIP, or potential projects that have been added due to recent development activity in the City of Shakopee. These projects are as follows with indicated City cost amounts: PROJECT DESCRIPTION STATE AID/CIF FUNDING TAX LEVY FUNDING 1) 4th Avenue from CSAH $200,000 lcY $200,000 17 to East of Sarazin Street 2) Vierling Drive from Sage $100,000 Lane to Miller Street 3) 17th Avenue from Sarazin $200,000 Street to 1/2 mile East 4) Vierling Drive from CSAH $200,000 i\., "~ >truuAA/we jj. 15 to Fuller Street 5) 17th Avenue from CSAH $100,000 17 to 1/4 mile West 6) East Dean Lake Street Collector $ 75,000 t I 7) Vierling Drive from Taylor $180,000 Street to Presidential Lane • 8) Canterbury Drive in proposed $500,000 Canterbury Park 5th Addition The potential City cost for street collector improvements for 1998 is estimated at $1,555,000 for State Aid/CIF Funding, and$200,000 of Tax Levy Funding for a total of$1,755,000. T �v' Currently the State Aid balance for the City of Shakopee is at a $106,000, and for 1998 an additional $358,000 is the construction yearly allocation from the Municipal State Aid account. This gives the City a total of$460,000 in State Aid Funds available in 1998. The State Aid office has recently added a ruling in which cities can take advancements in their State Aid accounts to construct Municipal State Aid projects to a maximum amount of$500,000. In the 1998 Capital Improvements Program, and for the year 1998, the Capital Improvement Fund expenditure total was estimated at $765,117. Of this amount, $85,000 was indicated for land acquisition for fire stations, $30,000 for preemptive systems, $450,000 for land acquisition south of the bypass parks, and$200,000 for roadway improvements. The City does also receive a maintenance allocation from the State Aid office in the amount of $100,000 a year which is currently being collected and placed in Capital Improvement Funds. In review of the City's potential project costs for 1998,the City will need an additional $890,000 in order to fund all of the street collector projects. These additional funds can be obtained from a combination of advancements from the State Aid Account advancement of$500,000 and additional expenditures from the Capital Improvement Fund. It should be pointed out that the Canterbury Drive Improvement Project for the Seagate proposal was not anticipated in the Capital Improvement Program. This memorandum is intended to indicate the potential projects that could occur in 1998 to facilitate developments in the City, and also to indicate an increase funding expenditure amount needed to construct these projects, or to eliminate some projects from 1998 construction. After reviewing this memo, I would suggest a meeting to look at the alternatives for funding, or to discuss a priority in these projects with the City Council. d//L ruce Loney Public Works Director BL:tw CC: Michael Leek, Community Development Director Joel Rutherford, Assistant City Engineer .i O JO C (7) 0000000'II, 1 1 ......, A 00000000 / 0 0.0 0 0 0 0 0 0 0 ..-i O O O O O N O O W N-NN-M.-In N i/tft Z IS Q Z Q Q U') NQNWN3//',,s, 1/...,„/„: ..... om cc d'Jd'W r#3 cc - Q W—W J W W _J J M a.Z ii7.,//:/::(1)1.1_,/i .,/ ,.. la. Csl D et �_ci_ O�Oc:'''l / N OWN ^JOI Lai00 W ! 0 ^NZU2QU.w W Q I fY 1 UY 1 G / 0 Q / y O UN� I r /� i cc O. 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BACKGROUND : The Shakopee VFW desires to make a contribution of gambling proceeds to the City for the purchase of training equipment (TV, VCR, camcorder) for the new fire station. In order for this donation to qualify as charitable, the recipient must be the City, and not the Fire Department . However, the purpose may be specifically designated, by the City, to purchase equipment for the Fire Department . This will increase the overall amount of funds available for the Fire Department capital equipment account, and would not be used to offset any tax levy for that purpose. RECOMMENDATION: We recommend that the request for gambling proceeds for the VFW be executed, and that staff be directed to amend the 1998 Budget increasing Fire Department capital equipment appropriation by $4, 300 . RECOMMENDED ACTION: 1. Authorize the City Clerk to execute a "Request for Gambling Proceeds" from the VFW. 2 . Direct staff to prepare a 1998 Budget amendment increasing the Fire Department capital equipment appropriation by $4, 300 . VETERANS OF FOREIGN WARS of the UNITED STATES "t DEPARTMENT OF MINNESOTA POST 4046 1201 EAST 3RD AVENUE SHAKOPEE,MINNESOTA 55379 C4-1Z-& .. ( )//r1 () ii/j" f ,ii/IJ dj,t_eLL- F W V F LA/ ot-oL4-4-(-6L L CQ� /' • , VF1r/ FEB 1 ; 1998 CITY OF SHAKOPEE ),CITY OF SHAKOPEE /s-. E. Memorandum TO: Mayor and City Council- Only FROM: Mark McNeill, City Administrator SUBJECT: Probationary Employee Termination DATE: February 13, 1998. INTRODUCTION: As an"add on" item for the Tuesday night Council meeting,there will be a request to terminate the probationary employment of Julie Hagen. BACKGROUND: Julie Hagen began employment with the City as a Building Inspector September 3, 1997. As with all non-police employees, she was on a six month probationary period. On February 13th,we advised her that she has not been successful in completing her probationary period, and that she was being terminated. Please contact me if you have any questions about this. She will receive unused accrued vacation,plus she will be paid for the President's Day Holiday of February 16th. Otherwise,the termination is effective February 13th. RECOMMENDATION: I recommend that the attached resolution be adopted. ACTION REQUIRED: If the Council concurs, it should,by motion, adopt the following resolution: A RESOLUTION TERMINATING THE EMPLOYMENT STATUS OF PROBATIONARY EMPLOYEE JULIE HAGEN. k3P-ual Mark McNeill City Administrator . MM:tw RESOLUTION NO. A RESOLUTION TERMINATING THE EMPLOYMENT STATUS OF PROBATIONARY EMPLOYEE JULIE HAGEN. WHEREAS, Julie Hagen was employed by the City of Shakopee beginning September 3, 1997; and WHEREAS, all non-police employees are placed on a six month probationary status; and WHEREAS, Julie Hagen is not satisfactorily completed the probationary period of the City of Shakopee. NOW, THEREFORE. BE IT RESOLVED by the Mayor and the City Council of the City of Shakopee that the employment status of Julie Hagen be terminated effective February 13, 1998, with payment for unused vacation and the President's Day Holiday to be made to her. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 17th day of February, 1998. Mayor of the City of Shakopee ATTEST: City Clerk