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HomeMy WebLinkAbout05/05/1998 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA MAY 5, 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] Proclamation Regarding Christmas in May-Resolution No. 4905 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene *10] Approval of Minutes: April 7, 1998 *11] Approve Bills in the Amount of$630,723.82 12] Communications: 13] Public Hearings-none 14] Recommendations from Boards and Commissions A] Preliminary Plat of Roman Place Carriage Homes Addition(f/k/a Bernhagen Addition), located at the northeast corner of 17th Avenue and Sarazin Street-Resolution No.4894 TENTATIVE AGENDA May 5, 1998 Page -2- 15] General Business A] Community Development *1. Purchase of Replacement Dial-A-Ride Vans 2. Pheasant Run Environmental Assessment Worksheet(EAW) -Res.No. 4904 *3. Initiating Vacation of Easements in Westridge Lake Estates 2nd-Res.No. 4895 B] Public Works and Engineering 1. Approving Plans and Advertisement for Bids on the 1998 Street Reconstruction, Project 1998-1 -Resolution No. 4902 *2. Accept Feasibility Report and Set Public Hearing on 17th Avenue from 1/4 Mile West of CSAH 17 to CSAH 17,Project 1998-4 -Resolution No. 4893 3. Hourly Restrictions on Construction Activities- S.M. Hentges for Southbridge Parkway 4. Noise Berm Construction on Fire Station and Hauer Sites 5. Authorize Hiring of Engineering Technician II C] Police and Fire D] Park and Recreation *1. O'Dowd Lake Park Trail Extension to Fishing Pier E] General Administration *1. Interfund Transfers *2. Riverview Estates Second Addition Restrictive Covenants 3. Manufactured Home Park Closings 4. Building Permit Fee waiver-Bennington Family *5. Canterbury Park 5th Addition and Seagate Project-Releases 6. Seagate Parking Lot Agreement 7. MnDOT Purchase- Seagate 16] Other Business 17] Adjourn to Tuesday,May 21, 1998, at 7:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting May 5, 1998 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Financial A] Approval of Bills 4. Downtown/lst Avenue Revitalization Committee;Appointment 5. Seagate Parking Lot Agreement 6. Other Business 7. Adjourn [I:\EconDevv\edagendadoc] 349. CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: April 30, 1998 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 projects for the period 4/17/98 to 04/30/98 . Action Requested Move to approve bills in the amount of $77. 75 for the EDA General Fund and $434 . 84 for the Blocks 3&4 Funds. The tax item for $4 . 75 is an ACH transfer and therefore does not appear on the council check list . 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E-1 C7 H O O 0 0 .7 E A ri rI � 4 * K * * * HH E o * w 0 0 Viz; r�l r•1 El E 11,En CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Downtown/ 1st Avenue Revitalization Committee Appointment DATE: May 5, 1998 Introduction and Background: In order to fill a vacancy on the Downtown/ 1st Avenue Revitalization Committee,the EDA is asked to appoint Mr. Pat Schroers per the recommendation of the Selection Committee. At its April 21 meeting, the EDA accepted Mr. Jim Quiring's resignation from the Downtown / 1st Avenue Revitalization Committee and directed staff to contact the next highest ranked candidate (that is still interested in serving) as identified by the original Selection Committee, and present the candidate to the EDA for appointment. Mr. Pat Schroers, owner of the Tole Bridge Gallery, is the candidate identified by the Selection Committee to fill the current vacancy. Mr. Schroers is interested in serving on the Downtown/ 1st Avenue Revitalization Committee. Requested Action: Offer and pass a motion to appoint Mr. Pat Schroers to the Downtown / 1st Avenue Revitalization Committee. adhocmo8.doc E.D6. 44- cowl c wl c, , Is. E.L, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Economic Development Authority • FROM: Mark McNeill, City Administrator SUBJECT: Seagate Parking Agreement DATE: April 30, 1998 INTRODUCTION: The EDA is asked to consider and recommend to the City Council approval of an agreement with Seagate Technologies, Inc., for the maintenance and use of a parking lot. BACKGROUND: The EDA and City Council have previously been advised that, due to concerns about possible environmental issues, Seagate is unwilling to accept ownership of an approximate 5.8 acre parcel of land adjacent to property that is purchasing from Valley Green Business Park. However, this 5.8 acre parcel, which was currently owned by MNDOT, is critical to the project, so that there ' may be sufficient parking for Seagate employees. The negotiations which have taken place with Seagate call for the City to acquire this property, with funding to come from Seagate (which will be reimbursed on a"Pay As You Go"tax increment basis). In exchange, Seagate will construct and maintain a parking lot on that site, which can be used by their employees, but as well as by members of the public, as it will technically be a City parking lot. An example of public use might be as a Park and Ride location. The attached document has been provided by the City Attorney, and outlines responsibilities, insurance coverage, and the like. RECOMMENDATION: As this parking agreement is necessary for the Seagate concept to proceed, I recommend approval. ACTION REQUIRED: If there is agreement, the following action should be taken: • 1. The EDA should, by motion, recommend to the City Council execution of the parking lot development and maintenance agreement with Seagate Technologies, Inc. Page 2 Seagate Parking Agreement April 30, 1998 2. The City Council should, by motion, direct the appropriate City officials to execute the agreement with Seagate Technologies, Inc. for the parking lot agreement. 1„1A,klko- Mark McNeill City Administrator MM:bjm [h:\mark\memo\seagate.mem] Attachment 05/01/98 17:15 RIDER BENNETT 4 612 445 6718 Attorneys at Law eig# A I1ok„0141 I.aad l ahUttv M,IUIdS1bP 2000 Metropolitan Came Tdci 333 South Seventh Street Fay Minneapolis,MN 55402 /5.• 6. RB RIDER BENNETT ”"JuD'Y` E G A N &ARUNDEL (612)340-8916 dbdean cdi idaiew.com May 1, 1998 VIA FACSIMILE Geoffrey Mayer Steven Bubul,Esq. Director Corporate Real Estate KENNEDY,GRAVEN LAW OFFICES Seagate Technology, Inc. 470 Pillsbury Center 4575 Scotts Valley Drive 200 South Sixth Street P.O. Box 66360 Minneapolis,MN 55402 Scotts Valley,CA 95067-0360 Mark McNeill Tom Mulvaney City of Shakopee Senior Vice President, General Counsel City Hall Seagate Technology,Inc. 129 Holms Street 4575 Scotts Valley Drive Shakopee,MN 55379-1376 P.O. Box 66360 Scotts Valley, CA 95067-0360 Re: Revisions to Easement Agreement Our File No.: 6596/164 Gentlemen: I have enclosed a draft of the Parking Lot/Driveway Easement Agreement marked to show revisions resulting from my discussions with Steve Bubul and reflecting his and the city's comments to our original draft. In most cases, the proposed revisions seek to either reference the TIF Agreement or conform the provisions of this Easement Agreement to the TIF Agreement. Section 4 covering insurance to be maintained has an unresolved issue regarding the amount. We will resolve that issue as soon as possible. Please review these changes and call me with any comments at your earliest convenience. Very truly yours, RIDER,BENNETT,EGAN&AR EL,LLP By /1/01411 David B. Dean DBD/pn Enclosure couxAVCOLIGIA oCIMUsWl11 05/01/98 17:15 RIDER BENNETT 4 612 445 6718 NO.677 D03 PARKING LOT/DRIVEWAY EASEMENT AGREEMENT This Parking Lot/Driveway Easement Agreement("Agreement") is entered into and made effective as of , 1998 by and between the City of Shakopee,a government body politic ("Shakopee")and Seagate Technology,Inc., a Delaware corporation("Seagate"): RECITALS A. Shakopee is the fee owner of certain real estate("Parcel A")located in Scott County, Minnesota,which is legally described on Exhibit A attached hereto and incorporated herein. B. Seagate is the fee owner of certain real estate ("Parcel B") located in Scott County, Minnesota,which is legally described on Exhibit B attached hereto and incorporated herein. C. Shakopee desires to create a parking lot/driveway easement for vehicular parking and vehicular and pedestrian ingress and egress over and across Parcel A for the benefit of Parcel B. D. Shakopee and Seagate desire to establish certain rights and obligations with respect to the construction, maintenance, repair, replacement and use of the Parkingbet/Driveway Improvements (defined below)located on the Easement(defined below)in accordance with the terms of the Contract for Private Development by and among Seagate, Shakopee and tbt •n,mic De • • , ,„• Autho ' , h Ci of h , • , -. • •t • as of the date ,. • • , "TIF Agreement"). E. The owners of Parcel A and Parcel B are referred to herein, respectively, as the "Parcel A Owner" and "Parcel B Owner.” The parties to this Agreement may also be referred to sometimes herein individually as the"Parcel Owner"and collectively as the "Parcel Owners". The parcels referred to in Recitals A and B in this Agreement may also be referred to sometimes herein individually as the"Parcel"and collectively as the"Parcels". 249648-5 05/04/98 12:38 RIDER BENNETT 461 445 6718 NO.706 D02 GRANT OF EASEMENT AND AGREEMENT In consideration of the foregoing Recitals and the mutual covenants herein,the parties agree as follows: 1. Grant of Easement. Shakopee,as Parcel A Owner,herewith grants to Seagate,its successors and assigns,as Parcel B Owner,a perpetual easement for vehicular parking and vehicular and pedestrian ingress to and vehicular and pedestrian egress from Parcel B, over and across Parcel A("Easement"). 2. Construction Maintenance and Repait 2.1 Construction. In accordance with Section 3.2(c)of the TIF Agreement, Seagate,as Parcel B Owner, will construct,at its own cost and expense,including the filling and compacting of the entire site, an asphalt parking lot and driveway and related facilities,including work or undertaking in connection with existing or new drainage ponds and related drainage facilities to be located on Parcel A ("Parking Improvements")over the Easement,in accordance with local codes and the Plans and Specifications attached hereto as Exhibit C (the"Plans"). 2.2 Maintenance and Repair. At all times during this Agreement Seagate and its successors and assigns, is responsible, at its cost and expense, for all maintenance, repair and replacement of the Parking Improvements located on the Easement,which is necessary or appropriate to permit its use for vehicular parking and vehicular and pedestrian ingress and egress by Seagate and the public'Ind to Permit the Droner funstioningsf the drainage faculties,to be located gu Parcel A. 2.3 Maintenance and Decisions Relating to Maintenance. All decisions regarding maintenance and repair of the Parking Improvements located on the Easement shall be made by the Parcel B Owner. The Parcel B Owner must maintain and repair the Parking Improvements in a manner that is consistent with the parking lot{and; driveways and ._d ' • :cilities located on Parcel B fin-e lianev—} and complie,9,with relevant Shakopee codes and ordinances. 3. Indemnification. (a) Shakopee, as Parcel A Owner, shall defend, indemnify and save Seagate, as Parcel B Owner, harmless against and from any and all claims,actions,damages,costs and expenses suffered or incurred or paid by or asserted against Seagate, including but not limited to attorney's fees,arising from or with respect to the Easement,or the use, non-use,condition or any other aspect thereof, attributable to the action or inaction of Shakopee,its agents,contractors or invitees,except with respect to claims,actions, damages,costs or expenses attributable solely to the actions of Seagate or its agents 249648-5 2 05/01/98 17:16 RIDER BENNETT -► 612 445 6718 NO.677 D05 Seagate or its agents in the construction, maintenance or repair of the Parking Let/Driveway-Improvements for which Seagate agrees to indemnify Sha o� in accordance with Sections 3,2(c) and 8.3 of the TIF Agreement, (b) Shakopee shall defend and indemnify Seagate, its directors, officers, employees, agents,licensees,invitees,successors and assigns against, shall hold them harmless from, and shall reimburse them for any and all loss, claim, liability, damage, judgment, penalty, injunctive relief, injury to person,property or natural resource, cost, expense,action or cause of action arising in connection with or as the result of any past, present or future existence, use, handling, storage, transportation, manufacture, release, leeching or disposal of any Hazardous Substance (defined below)in,on,or under Parcel A,whether foreseeable or unforeseeable,regardless of the source,the time of occurrence or the time of discovery,excluding,however,only such loss, claim, liability, damage,judgment, penalty, injunctive relief, injury to person,property or natural resource, cost,expense,action or cause of action arising solely as a result of the conduct of Seagate relating to its construction maintenance, repair or use of the Easement. The foregoing indemnification includes, without limitation, indemnification against all costs in law or in equity of removal,response, investigation or remediation of any kind,and disposal of such Hazardous Substances, all costs of determining whether Parcel A is in compliance with, and of causing Parcel A to be in compliance with, all applicable environmental laws defined below (which shall include CERCLA,RCRA,MERLA,MPTRCA,FWPCA,CWA, CAA) or any other federal, state, county,municipal, local or other statute, law, ordinance or regulation that may relate to or deal with human health or the environment,all as may be amended from time-to-time),all costs associated with claims for damages to persons, property, or natural resources, and Seagate's reasonable attorneys' and consultants' fees,court costs and expenses incurred in connection with any thereof. For the purposes of this Agreement, Hazardous Substances means all wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde,the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline,fuel oil,crude oil and various constituents of such products) and any hazardous substance as defined in (i) the Comprehensive Environmental Response,Compensation and Liability Act of 1980("CERCLA"),42 U.S.C. § 9601-9657,as amended), (ii)the Resource Conservation and Recovery Act of 1976 ("RCRA"), 43 U.S.C. § 6901 It , (iii) the Minnesota Environmental Response and Liability Act,Minn. Stat. Chap. 115B ("MERLA")and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. Chap. 11 SC ("MPTRCA"),(iv) the Federal Water Pollution Control Act("FWPCA"), 33 U.S.C. § 1251 �t sec� ,(v) the Clean Water Act("CWA"),33 U.S.C. § 1321 et seq.,the Clean Air Act("CAA"), 42 U.S.C. § 7401 et seq.,or any similar federal or state law or local ordinance. 249648-5 3 05/04/98 12:39 RIDER BENNETT - 612 445 6718 NO.706 D03 Shak i r_• : rees that ' e •mnificaf• i . i•ations set.. ' . ,•. '•. I.'• ectio• shall not be abrideed or limited in scone or amount by Chanter 466 of the, inneso . : utes o a •, er statute • : in• a similar , praykkusjp effect from time to time. 4. Insurance. Each Parcel Owner,as to the Easement and the use thereof,must maintain or cause to be maintained,in full force and effect, commercial general liability insurance in an amount not less than {-three} oag million dollars , .00 combined single limit in the • •. ea.ate - r , '•:,an amount no • Q :nth• state I IL limit& : •.'she b • : • 4.6 of the u 1.J -,ota Statut • :n successor •r. i i•n iaLeffeeti Qm time to dime inthe casg of Shakopee. 5. Condemnation. If any portion of Parcel A is condemned (in whole or in part), the condemnation award will be paid to the Parcel B Owner,and no portion of the award will be paid to the Parcel A Owner. The condemnation award must include an award for relocating, replacing or restoring the Parking Improvements and related facilities or improvements to,with or on a contiguous parcel to Parcel B.. 6. Obstruction andtnterference. No obstructions which would prevent,restrict,or otherwise inhibit vehicular parking and vehicular and pedestrian ingress or egress over any portion of the Parking Improvements shall be erected,condoned,or permitted to endure by the Parcel A Owner of any portion of the Parking Improvements burdened with such Easement,nor shall any other conduct, passive or affirmative, be permitted which would in any manner materially restrict the rights of the Parcel B Owner, or such Owners' tenants, invitees, customers or licensees, to fully utilize the Easement for the purposes permitted herein. 7. Easements and Covenants Running witb_Land. The Easement and the covenants contained herein shall run with the land,and shall inure to the benefit of and be binding upon the Parcel Owners,their respective successors and assigns,and persons claiming under them. 8. Enforcement. Either Parcel Owner may enforce this Agreement by appropriate action,and the prevailing Parcel Owner may recover from the Parcel Owner violating this Agreement, any reasonable costs attorney's fees which may be incurred by the prevailing Parcel Owner in the action. 9. Notice. Any notice which one Parcel Owner wishes or is required to give to another Parcel Owner will be regarded as effective if such notice is in writing and either delivered to such Parcel Owner by professional third party service or such notice is sent by certified or registered mail,return receipt requested and postage prepaid,correctly addressed as follows: 249648-5 4 05/01/98 17:17 RIDER BENNETT - 612 445 6718 NO.677 D07 the address of Seagate Technology,Inc. is: Seagate Technology,Inc. 920 Disc Drive Scotts Valley,California 95066-4544 Attn: Geoffrey Mayer director-Corp.ReaLEstate or such other addresses as the parties,their successors and assigns,may designate in writing from time to time. 10. }restriction. The Parcel A Owner may not grant any other easement rights for vehicular parking or vehicular or pedestrian ingress and egress purposes over and across Parcel A(except for utility easements required to accommodate utilities servicing Parcel A)to any third party; provided, hnvever,that this restriction shall not be interpreted to prevent Shakopee from permitting use of the Easement by the general public for vehicular parking or vehicular or pedestrian ingress or egress. 11. Counterparts. This Agreement may be executed in whole or in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 12. Governing Law. It is agreed that this Agreement shall be governed by and controlled solely by the laws and the statutes of the State of Minnesota, exclusive of conflicts of laws principles. 13. p mendmenta. No amendment,modification or waiver of any condition,provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the parties to be bound thereby or their duly authorized representative(s). 14. Headings. The headings contained in this Agreement are for notice purposes only. In all instances, reference should be made to the specific terms and provisions hereof. 15. severability. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications which can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provisions or application had never been contained herein or prescribed hereby. [The balance of this page has been intentionally left blank.] 249645-5 5 05/01/98 17:17 RIDER BENNETT -► 612 445 6718 NO.677 D08 IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto as of the date first set forth above. CITY OF SHAKOPEEiMINNESOTA Br- Its By Its Mayor By Its City Administrator, IY Its Clerk STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 1998 by ,the-Meyer-Mark McNeill.and Judiththe Mayor,Cid Administrator.and City Clerk of the City of Shakopee,a Minnesota i ' ,on behalf of the City. Notary Public 249648.5 6 05/01/98 17:18 RIDER BENNETT - 612 445 6718 NO.677 D09 SEAGATE TECHNOLOGY,INC. By: Its: STATE OF CALIFORNIA ) ) ss COUNTY OF SANTA CRUZ) The foregoing instrument was acknowledged before me this day of 1998 by ,the of Seagate Technology, Inc., a Delaware corporation, on behalf of the corporation. Notary Public This Instrument Draft By: Rider,Bennett, Egan&Arundel, LLP 2000 Metropolitan Centre 333 South Seventh Street Minneapolis,Minnesota 55402 6596/164(TJH) 249648-5 7 t'- ay12 PARKING LOT/DRIVEWAYEASEMENT AGREEMENT This Parking Lot/Driveway Easement Agreement("Agreement") is entered into and made effective as of , 1998 by and between the City of Shakopee,a government body politic("Shakopee")and Seagate Technology, Inc.,a Delaware corporation("Seagate"): RECITALS A. Shakopee is the fee owner of certain real estate("Parcel A")located in Scott County, Minnesota, which is legally described on Exhibit attached hereto and incorporated herein. B. Seagate is the fee owner of certain real estate("Parcel B") located in Scott County, Minnesota,which is legally described on Exhibit B attached hereto and incorporated herein. C. Shakopee desires to create a parking lot!driveway easement for vehicular parking and vehicular and pedestrian ingress and egress over and across Parcel A for the benefit of Parcel B. D. Shakopee and Seagate desire to establish certain rights and obligations with respect to the construction,maintenance,repair,replacement and use of the Parking Improvements (defined below) located on the Easement(defined below) in accordance with the terms of the Contract for Private Development by and among Seagate, Shakopee and the Economic Development Authority for the City of Shakopee dated as of the date hereof(the"TIF Agreement"). E. The owners of Parcel A and Parcel B are referred to herein, respectively, as the "Parcel A Owner"and "Parcel B Owner." The parties to this Agreement may also be referred to sometimes herein individually as the"Parcel Owner"and collectively as the"Parcel Owners". The parcels referred to in Recitals A and B in this Agreement may also be referred to sometimes herein individually as the"Parcel"and collectively as the"Parcels". 249648-6 ZOO £ZL'ON BZL9 gPt7 ZT9 118NNBH NBQIN b£:ST 86470,S0 GRANT OF EASEMENT AND AGREEMENT In consideration of the foregoing Recitals and the mutual covenants herein, the parties agree as follows: 1. Grant of Easement. Shakopee,as Parcel A Owner,herewith grants to Seagate,its successors and assigns,as Parcel B Owner,a perpetual easement for vehicular parking and vehicular and pedestrian ingress to and vehicular and pedestrian egress from Parcel B, over and across Parcel A("Easement"). 2. Construction,Maintenance and Repair 2.1 Construction. In accordance with Section 3.2(c) of the TIF Agreement, Seagate,as Parcel B Owner, will construct,at its own cost and expense, including the filling and compacting of the entire site, an asphalt parking lot and driveway and related facilities,including work or undertaking in connection with existing or new drainage ponds and related drainage facilities to be located on Parcel A ("Parking Improvements")over the Easement,in accordance with local codes and the Plans and Specifications attached hereto as Exhibit C(the "Plans"). 2.2 Maintenance and Repair. At all times during this Agreement Seagate and its successors and assigns, is responsible, at its cost and expense,for all maintenance, repair and replacement of the Parking Improvements located on the Easement,which is necessary or appropriate to permit its use for vehicular parking and vehicular and pedestrian ingress and egress by Seagate and the public and to permit the proper functioning of the drainage facilities to be located on Parcel A. 2.3 Maintenance and Decisions Relating to Maintenance. All decisions regarding maintenance and repair of the Parking Improvements located on the Easement shall be made by the Parcel B Owner. The Parcel B Owner must maintain and repair the Parking Improvements in a manner that is consistent with the parking lot, driveways and drainage facilities located on Parcel B and complies with relevant Shakopee codes and ordinances. 3. jndemnificatioj,. (a) Shakopee,as Parcel A Owner, shall defend, indemnify and save Seagate, as Parcel B Owner, harmless against and from any and all claims,actions,damages,costs and expenses suffered or incurred or paid by or asserted against Seagate,including but not limited to attorney's fees,arising from or with respect to the Easement,or the use, non-use,condition or any other aspect thereof, attributable to the action or inaction of Shakopee,its agents,contractors or invitees,except with respect to claims,actions, damages, costs or expenses attributable solely to the actions of Seagate or its agents 249648-6 2 £06 £ZL 'ON BZ2,9 Sbb Zig - 119NN9B e19CIN b£:ST 86/70/S0 in the construction, maintenance or repair of the Parking Improvements for which Seagate agrees to indemnify Shakopee in accordance with Sections 3.2(c)and 8.3 of the TIF Agreement. (b) Shakopee shall defend and indemnify Seagate, its directors, officers, employees, agents, licensees,invitees, successors and assigns against, shall hold them harmless from, and shall reimburse them for any and all loss, claim, liability, damage, judgment,penalty, injunctive relief; injury to person, property or natural resource, cost,expense,action or cause of action arising in connection with or as the result of any past, present or future existence, use, handling, storage, transportation, manufacture, release, leeching or disposal of any Hazardous Substance (defined below)in,on,or under Parcel A,whether foreseeable or unforeseeable,regardless of the source,the time of occurrence or the time of discovery,excluding,however,only such loss, claim, liability, damage, judgment, penalty, injunctive relief, injury to person,property or natural resource, cost, expense,action or cause of action arising solely as a result of the conduct of Seagate relating to its construction maintenance, repair or use of the Easement. The foregoing indemnification includes, without limitation,indemnification against all costs in law or in equity of removal,response, investigation or remediation of any kind,and disposal of such Hazardous Substances, all costs of determining whether Parcel A is in compliance with, and of causing Parcel A to be in compliance with,all applicable environmental laws defined below (which shall include CERCLA,RCRA,MERLA,MPTRCA,FWPCA,CWA,CAA) or any other federal, state, county,municipal, local or other statute, law, ordinance or regulation that may relate to or deal with human health or the environment, all as may be amended from time-to-time),all costs associated with claims for damages to persons, property, or natural resources, and Seagate's reasonable attorneys' and consultants'fees, court costs and expenses incurred in connection with any thereof. For the purposes of this Agreement, Hazardous Substances means all wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde,the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products) and any hazardous substance as defined in (i) the Comprehensive Environmental Response,Compensation and Liability Act of 1980("CERCLA"),42 U.S.C. § 9601-9657,as amended),(ii)the Resource Conservation and Recovery Act of 1976 ("RCRA"), 43 U.S.C. § 6901 gI seq., (iii) the Minnesota Environmental Response and Liability Act,Minn. Stat. Chap. 115B ("MERLA")and the Minnesota Petroleum Tank Release Cleanup Act,Minn. Stat. Chap. 115C ("MPTRCA"), (iv) the Federal Water Pollution Control Act("FWPCA"), 33 U.S.C. § 1251 gl seq„ (v) the Clean Water Act("CWA"),33 U.S.C. § 1321 et seq.,the Clean Air Act("CAA"), 42 U.S.C. § 7401 et seq.,or any similar federal or state law or local ordinance. 249648-6 3 b0� 2Z2,'ON 8IL9 Sbb T9 F 113NN3a 2:13CI SE:ST 86/VO/G0 (c) Shakopee agrees that its indemnification obligations set forth in this Section 3 shall not be abridged or limited in scope or amount by Chapter 466 of the Minnesota Statutes or any other statute having a similar purpose or successor provisions in effect from time to time. 4. Insurance. Each Parcel Owner,as to the Easement and the use thereof,must maintain or cause to be maintained, in full force and effect,commercial general liability insurance in an amount not less than one million dollars($1,000,000.00),combined single limit in the case of Seagate,and in an amount not less than the statutory limits established by Chapter 466 of the Minnesota Statutes or any successor provision in effect from time to time in the case of Shakopee. 5. Condemnation. If any portion of Parcel A is condemned (in whole or in part), the condemnation award will be paid to the Parcel B Owner, and no portion of the award will be paid to the Parcel A Owner. The condemnation award must include an award for relocating, replacing or restoring the Parking Improvements and related facilities or improvements to,with or on a contiguous parcel to Parcel B.. 6. Obstruction and Interference. No obstructions which would prevent, restrict,or otherwise inhibit vehicular parking and vehicular and pedestrian ingress or egress over any portion of the Parking Improvements shall be erected,condoned,or permitted to endure by the Parcel A Owner of any portion of the Parking Improvements burdened with such Easement,nor shall any other conduct, passive or affirmative, be permitted which would in any manner materially restrict the rights of the Parcel B Owner, or such Owners' tenants, invitees, customers or licensees,to fully utilize the Easement for the purposes permitted herein. 7. Easements and Covenants Running with Land. The Easement and the covenants contained herein shall run with the land,and shall inure to the benefit of and be binding upon the Parcel Owners,their respective successors and assigns,and persons claiming under them. 8. pnforceme t. Either Parcel Owner may enforce this Agreement by appropriate action, and the prevailing Parcel Owner may recover from the Parcel Owner violating this Agreement, any reasonable costs attorney's fees which may be incurred by the prevailing Parcel Owner in the action. 9. Notice. Any notice which one Parcel Owner wishes or is required to give to another Parcel Owner will be regarded as effective if such notice is in writing and either delivered to such Parcel Owner by professional third party service or such notice is sent by certified or registered mail,return receipt requested and postage prepaid,correctly addressed as follows: 249648-6 4 S0a 2ZL'ON 8SL9 Sbb EI9 - 113NN313 N3QIN S2:SZ 86470/S0 the address of the City of Shakopee is: City of Shakopee City Hall 129 Holmes Street Shakopee,Minnesota 55379-1376 Attn: City Administrator the address of Seagate Technology,Inc. is: Seagate Technology,Inc. 920 Disc Drive Scotts Valley, California 95066-4544 Attn: Director-Corp. Real Estate or such other addresses as the parties, their successors and assigns,may designate in writing from time to time. 10. Restrictions. The Parcel A Owner may not grant any other easement rights for vehicular parking or vehicular or pedestrian ingress and egress purposes over and across Parcel A (except for utility easements required to accommodate utilities servicing Parcel A)to any third party;provided, however,that this restriction shall not be interpreted to prevent Shakopee from permitting use of the Easement by the general public for vehicular parking or vehicular or pedestrian ingress or egress. 11. Counter. This Agreement may be executed in whole or in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 12. Governing Law. It is agreed that this Agreement shall be governed by and controlled solely by the laws and the statutes of the State of Minnesota, exclusive of conflicts of laws principles. 13. Amendments. No amendment,modification or waiver of any condition,provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the parties to be bound thereby or their duly authorized representative(s). 14. Headings. The headings contained in this Agreement are for notice purposes only. In all instances, reference should be made to the specific terms and provisions hereof. 15. Severability. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications which can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provisions or application had never been contained herein or prescribed hereby. 249648-6 5 900 £ZL'ON 8ZL9 SPP ZT9 113NN39 63QIN 92:51 86i120/g0 IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto as of the date first set forth above. CITY OF SHAKOPEE,MINNESOTA By Its Mayor By Its City Administrator By Its Clerk STATE OF MINNESOTA) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 1998 by ,Mark McNeill,and Judith Cox,the Mayor,City Administrator, and City Clerk of the City of Shakopee,Minnesota, on behalf of the City. Notary Public 249648-6 6 Lod 2ZL'ON 8TL9 Sbb ZT9 F 113NN3E N3QIN 92:ST 86470/S0 SEAGATE TECHNOLOGY,INC. By: Its: STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1998 by ,the of Seagate Technology, Inc., a Delaware corporation, on behalf of the corporation. Notary Public This Instrument Draft By: Rider,Bennett, Egan&Arundel,LLP 2000 Metropolitan Centre 333 South Seventh Street Minneapolis, Minnesota 55402 6596/I64(TIH) 249648-6 7 1306 £ZL'ON 8ZL9 SPP ?T9 - 113NN9E N8QIN 92: T 86/VO/g0 EX,MBIT A LEGAL DESCRIPTION OF PARCEL A 249648-6 604 £ZL'ON 8t2,9 SPP Zt9 4- 113NN3S 66/00/S0 EMMA MINNESOTA DEPT. OF TRANSPORTATION PROPERTY That part of Lot 1, Block 1,vacated Road lying north of Lot 1,Block 1,DCCO 1s' ADDITION and that part of Parcel 66 and Parcel 67, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-19, according to the recorded plats thereof Scott County,Minnesota, described as follows: Beginning at the Northeast corner of Parcel 67; thence 269 degrees 41 minutes 13 seconds,along the north line of said Parcel 67 and its westerly extension,a distance of 570.00 feet to the northwest corner of DCCO 1"ADDITION;thence on an azimuth of 179 degrees 06 minutes 30 seconds, along the west line of said DCCO 1st ADDITION,a distance of 238.25 feet to the northeast corner of said Parcel 66; thence on an azimuth of 275 degrees 57 minutes 25 seconds, along the northerly line of Parcel 66, a distance of 406.67 feet; thence on an azimuth of 209 degrees 46 minutes 05 seconds, along the northwesterly line of Parcel 66, a distance of 86.81 feet; thence on an azimuth of 119 degrees 46 minutes 07 seconds a distance of 334.13 feet; thence on an azimuth of 75 degrees 20 minutes 13 seconds,a distance of 752.20 feet to a point on the east line of parcel 67 distant 250.00 feet south of the northeast corner of said Parcel 67; thence on an azimuth of 359 degrees 06 minutes 30 seconds, along said east line of Parcel 67, a distance of 250.00 feet to the point of beginning. For the purpose of this description azimuths are based on the MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-19. etgumArrapastSciistOEdail A-I-MnOOT Poopetfi.doc 0T6 EZL'ON 8TL9 SOP ZT9 F 118NN813 e19QI8 LE:GT 86/170/S0 I EXHIBIT B LEGAL DESCRIPTION OF PARCEIY B • 249648-6 TTa £ZL'ON 81L9 Sbb ZT9 4- 118NN9H NalIN 2,2:ST 86/VO/g0 EXHIBIT B LEGAL DESCRIPTION That part of the following described parcels to be included in Lot 2, Block 2, in the proposed plat of Canterbury Park 5th Addition, in Scott County, Minnesota: Oudot D, Canterbury Park 2nd Addition, according to the plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota, EXCEPT that part shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70-9 on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota. The West 374.44 feet of Lot 1, Block 1, Canterbury Park 2" Addition, according to the plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota. Lot 1, Block 1, Canterbury Park Fourth Addition,. according to the plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota That part of the East Half of the Southwest Quarter(EY of SW'/4)of Section 9, Township 115, Range 22, Scott County, Minnesota, lying north of Parcel 74,Minnesota Department of Transportation Right of Way Plat No. 70-11, on file and of record in the Office of the Registrar of Titles in and for Scott County,Minnesota; EXCEPT the Plat of Canterbury Park Fourth Addition, Scott County, Minnesota; Vacated 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 plat on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota. • M:w27I171895\ExA•VGDP P►opaty.doe ZT £ZL'ON eTL9 SPP ZT t 119NN8H ei3QIel 2,2:GT 86/70/S0 EXHIBIT C PARKING IMPROVEMENTS PLANS AND SPECIFICATIONS [ATTACHED] 249648-6 £t0 £ZL'ON 8TL9 Sbb Zt9 E- ll3NN3S 62(21 1 82:St 86/170/G0 6 . I� . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Resolution Declaring Shakopee Christmas in May Week, May 10 - 16 MEETING DATE: May 5, 1998 INTRODUCTION: Christmas in May*Shakopee is a non-profit organization which began in 1994. It is modeled after a national program that serves thousands of homeowners every year in hundreds of cities and towns across the country. Each year Christmas in May*Shakopee devotes one day in May to repairing and sprucing up the dilapidated homes of low-income, disabled or elderly neighbors in the community. This year the event will take place on Saturday,May 16th. The effort involves substantial planning, fundraising and volunteer efforts throughout the year. The board of Christmas in May*Shakopee has requested that the City Council declare the week of May 10th through the 16th Shakopee Christmas in May Week. ALTERNATIVES: 1. Approve the accompanying resolution declaring the week of May 10th to the 16th Shakopee Christmas in May Week. 2. Do not approve the accompanying resolution. ACTION REQUESTED: Offer and approve the accompanying resolution declaring the week of May I Oth to the 16th Shakopee Christmas in May Week. R. Michael Leek Community Development Director i:\commdev\c61998\cc0505\chrisina RESOLUTION NO. A RESOLUTION PROCLAIMING THE WEEK OF MAY 10TH TO THE 16TH SHAKOPEE CHRISTMAS IN MAY WEEK WHEREAS,Christmas in May*Shakopee is a nonprofit organization that assists low- income, disabled and elderly homeowners in the community by repairing and sprucing up their homes; and WHEREAS,Christmas in May*Shakopee has been serving the community since 1994;and WHEREAS,the annual Christmas in May event will be held this year on Saturday,May 161, and will involve the contributions of numerous volunteers and contributors; and WHEREAS,the Christmas in May organization and event provide a valuable service to the City of Shakopee and its residents; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that the week of May 10th to the 16th is hereby declared Shakopee Christmas in May Week. 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 S.Holmes Street Shakopee,MN 55379 A • OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA APRIL 7, 1998 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Mark McQuillan, Parks and Recreation Director; and Jim Thomson, City Attorney. The Pledge of Allegiance was recited. The following items were added to the agenda: 16.A. GO Bond Discussion for Municipal Water Supply,and 16.B.2. Tobacco Ordinance. The following item was removed from the agenda: 15.D.3. Award Contract for Southbridge Parkway, Project No. 1997-4, Resolution No. 4883. Item 15.D.2. Wetland Replacement Plan for Southbridge 1st Addition will be discussed in conjunction with 14.B. Preliminary Plat of Southbridge First Addition. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. Sweeney/Amundson moved to approve the Consent Agenda as presented. Motion carried with Cncl. DuBois abstaining from discussion and voting on the March 17, 1998, minutes. Liaison reports were given by Councilmembers. Mayor Brekke gave the Mayor's Report. Mayor Brekke asked for a motion approving Resolution No. 4885, a Resolution of Appreciation to Shirley Olson for her work as Murphy's Landing Executive Director. DuBois/Link offered Resolution No. 4885, A Resolution of Appreciation to Shirley Olson, and moved its adoption. Motion carried unanimously. Mayor Brekke read and presented a framed copy of the resolution to Shirley Olson. Shirley Olson approached the podium and said that Murphy's Landing would not be where it is today, had it not been for the insistence of the Shakopee City Council in hiring a Manager. She humbly accepted the recognition but said that it took many people to get Murphy's Landing where it is today. She encouraged the Council to never stop dreaming and working toward what it can be. She said that Murphy's Landing could be a world-class living history museum. r Official Proceedings of the April 7, 1998 Shakopee City Council Page -2- 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. There was no response. A recess was taken at 7:21 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 7:35 p.m. Sweeney/Amundson moved to approve the minutes for March 17, 1998, Special Session; March 24, 1998, Adjourned Special Session; and March 24, 1998, Workshop Session (Motion carried under the Consent Agenda with Cncl. DuBois abstaining on the March 17, 1998,minutes.) Sweeney/Amundson moved to approve bills in the amount of $693,973.82 (Motion carried under the Consent Agenda.) Bob Greeley, Community Education Director, Shakopee Public Schools, approached the podium and explained that the Community Education Advisory Council has identified developmental youth asset building to be their goal for 1997-98. This goal includes educating the community on asset building, assessing/evaluating our youth in grades 6-12 the week of April 13, 1998, and setting in place a community-wide action plan once the survey results are received. The results will be provided to the City Council. Informational articles will be placed in the Shakopee Valley News, and a community-wide meeting on the survey results is anticipated. Research by Search Institute has identified specific, practical things that can have a tremendous and lasting positive impact on youth. Rather than focusing on problems, this research concentrates on developmental assets-the positive things that help young people thrive. These assets are 30 building blocks that young people need to help them make wise decisions and choose positive lifestyles. Sixteen of the assets are external. They are supports, boundaries, and structure that surround youth. The other 14 are internal commitments, attitudes, values, and skills that support youth from within. Together they form a foundation for healthy development. Bob Greeley explained that the survey results will provide information such as how students spend their time, their perceptions of school and community life, and their participation in risk- taking behavior. The results will also help to address the developmental needs of our youth. He said the results are anticipated to be available by late June or early July. Wendy Edberg, Community Education Advisory Council, approached the podium. She said that research on community strengths regarding youths shows the need for a majority of youth to experience a specific community strength before it becomes a powerful predictor of health. This is why the Community Education Advisory Council is hoping to spark interest in the idea of asset building,which needs to occur at all levels. Todd Anderson, Community Education Advisory Council, said that in order for the concept to work, an awareness as to what assets are must be developed, as well as understanding their Official Proceedings of the April 7, 1998 Shakopee City Council Page -3- importance. Assessing where the community lies is the next step, which will give a clear picture of what activities the youth are/are not involved in. The final step is to develop programming that addresses the needs of the community. He said Community Education will use the results ofthe survey when developing youth programs. A brochure entitled 150 Ways to Show Kids You Care was also provided to Councilmembers. In response to a request for additional information regarding the current state of affordable housing in Shakopee, Michael Leek explained that most of the initial goals negotiated between the City of Shakopee and Metropolitan Council for affordable housing and lifestyle housing under the Livable Communities Act have been met. Additional goals were revised and reached and negotiated in 1997. The revised goals include a goal of 242 additional affordable rental units and 1,253 additional affordable ownership units for 1995-2010. While projects such as the Arlington Ridge project and the Evergreen Heights project have come forward in the last three years, Mr. Leek said that in terms of other affordable housing projects, there have not been a lot. He said there is still a number of affordable units to be accomplished by 2010. Shakopee is blessed with past and future job creation possibilities. Many of those jobs will pay wages that will require people to seek affordable housing. He said this may mean there is a greater need than in the goals already negotiated. Bill Jaffa, Scott County HRA, approached the podium. He said the Livable Community Act action plan goals have been met due to pre-existing conditions. The goal and objectives outlined by the HRA are intended to assure that favorable units remain affordable. He said the existing affordable housing stock must be maintained while looking ahead to the future to provide affordable housing for a growing labor force. In response to a question as to what the Metropolitan Council considers an affordable housing ownership unit, Bill Jaffa said that amount is $95,000. He said currently, legislation is in the process to increase this limit. When asked for recommendations to approach subsidizing to achieve affordable housing, he said there are a number of opportunities, one of which is through the Minnesota Finance Agency, such as Evergreen Heights. Funds are also available through HRA with lower interest rates and down payment assistance. He said the income limit restrictions and the limit on the price of new and existing construction is too low, but he is hoping to get this ceiling raised to open up more first time home buyer opportunities throughout Scott County. Cncl. Sweeney suggested setting up a workshop to invite participation with the Metropolitan Council and to discuss further Livable Community standards and accessing funds. The public hearing on the proposed assessments for the Maras Street Improvements (Project No. 1996-4) was opened. Bruce Loney reported that this project has been completed and the cost to be assessed is $484,253.03, of which $332,000 is for construction, $32,000 right of way, and $119,000 engineering and administration costs. The total project costs are $816,000, of which Official Proceedings of the April 7, 1998 Shakopee City Council Page -4- $481,000 is construction, $162,000 is right of way, and $173,000 for engineering and administration costs. The total cost to the City is $332,000 with $484,253 to be assessed. The roll was prepared and includes the following: 1. Application of adopted corner lot adjustment policy for industrial properties. 2. Reduction of assessment frontage due to adjacent wetland along Hansen Avenue. 3. Assessments based on a front footage assessment method, and 4. Assessment of condominium plat common area of Valley Rich 1st Addition to the property owner of record. This project eliminated a long cul-de-sac and provided a street connection to County Road 18. Due to the wetland adjacent to Hanson Avenue, a reduction of frontage was applied. Because 60 feet of the Earl Zacharias property is under power lines and 60 feet was taken in order to construct Hanson Avenue, the property was only assessed the short side. Staff felt that the condominium plat common area of 46 feet could only be assessed to the property owner of record. One assessment appeal was received from Eugene Hanson. Mayor Brekke asked if there was anyone in the audience who wished to speak on the proposed assessments. Roy Cogswell, property owner along Maras Street, approached the podium and stated that he did not have any objections to the street. However, he said he was concerned about the amount of dirt to be removed. Bruce Loney explained that he had contacted the contractor regarding the dirt and was assured it would be taken care of. In response to a question regarding payment of the assessments, Bruce Loney explained that the assessments are set up over a 10 year period with a 6 % interest rate. Mayor Brekke asked if there were any other interested citizens present who wished to address the City Council on this issue. There was no response and the public hearing was closed. Link/Amundson offered Resolution No. 4879, A Resolution Adopting Assessments for Maras Street, from 13th Avenue to Stage Coach Road (Formerly Known as County Road 18) Project No. 1996-4, and moved its adoption. Motion carried unanimously. A recess was taken at 8:25 p.m. The meeting re-convened at 8:35 p.m. Cncl. DuBois stated that she would be abstaining from discussion and voting on the proposed plat of Tenth Avenue Addition and excused herself from the meeting. Michael Leek reported that the Planning Commission recommended that the developers for the Tenth Avenue Addition dedicate 27 feet along the entire west edge for possible future development of Naumkeag Street. However, City Staff recommends a lessor dedication and tapered layout. Official Proceedings of the April 7, 1998 Shakopee City Council Page -5- William Plato, representing the applicants, John and Jane DuBois, approached the podium and explained that they are requesting a subdivision approving a 2-lot subdivision for the church and the parsonage. He said the applicant intends to sell the existing Lot 2, Block 1, which is scheduled to close next week. He explained that at the time of the Planning Commission meeting, the full 27 feet dedication was not requested for the entire length of the property. He said the issue was that as Naumkeag Street extends south,the center line would not line up when taking 13 feet away for right of way. The Planning Commission then amended the recommendations,taking the entire 27 feet from the church property. In response to concern from the Planning Commission about a common sewer line from the parsonage into the church, Mr. Plato explained that the sewer line does not encroach on Lot 1. As for the park dedication fee of$900 on the existing parsonage house, he said he had difficulty seeing any change in the plat when no changes are being made to the house or its use. In addition, the requirement to dedicate 27 feet for Naumkeag places them in a position of selling less square footage than was originally thought. He requested approval as recommended by the Planning Commission. A discussion ensued regarding the need for an easement, vacation, and/or benefit for additional footage along Naumkeag Street. Cncl. Link stated that the school has made it very clear that they are not interested in developing Naumkeag Street. Ron Ward, ISD#720, approached the podium and explained that Naumkeag is used mostly in the summer for park and recreation activities and said he did not foresee a time when the school district would ever request upgrading the street. Sweeney/Link moved to remove the 27 feet easement requirement for Naumkeag Street along the Westerly boundary of the plat. Motion carried unanimously. Sweeney/Link offered Resolution No. 4884, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat for Tenth Avenue Addition as modified, and moved its adoption. Motion carried unanimously. Michael Leek explained that wetland filling and draining is governed by the Wetland Conservation Act by the State of Minnesota, which requires replacement at a ratio of 2-1. A Wetland Replacement Plan was filed with the Southbridge 1st Addition. A Technical Evaluation Committee reviewed the plan and recommended approval. Michael Leek said the Planning Commission has reviewed the plat of Southbridge 1st Addition at three meetings and recommends approval with the condition that prior to approval of the Final Plat by the City Council, the MnDOT transaction will be brought to resolution. Official Proceedings of the April 7, 1998 Shakopee City Council Page -6- Mr. Leek explained that as part of the PUD, roadway, park and additional areas of open space were included as dedications to the City. He identified these areas on a map and said land is to be dedicated at a ratio of 1 acre of land for every 75 people. A land dedication of 29.92 acres is required for this subdivision. Park and trail dedications are approximately 50-52 acres which is substantially over the Park Dedication requirement. He explained that the City may either accept land, cash or a combination to satisfy the park dedication requirements. The reason for accepting cash is that there is no land desirable for the City to take. The Planning Commission and the Park and Recreation Advisory Board determined that the scheme for the dedication of park and trail space was desirable because of the size of the project, the number of people impacted, and the nature of the amenities involved. This is the why the recommendation is to take land in lieu of cash to satisfy the park dedication requirements for the Southbridge development. A discussion ensued as to how the parks would be developed if land is taken in lieu of cash. Mr. Leek said development costs would be picked up by cash dedications to the Park Fund from other developments, or they might be incorporated in a referendum for park development in the City. When asked why the City would want the liability of dedicated open space, Mr. Leek said this was discussed when the PUD was considered and affirmed and that this is one way to insure that there is no development around Dean Lake and no degradation of the open space. Steve Soltau, Shakopee Crossings, approached the podium and stated that the open spaces and park land dedications are incorporated in the land plan. Some of the areas identified as open space are intended for bike paths. He said there are other active opportunities moving forward. In response to concerns about funds to develop parks, he said there is a lot of development to come and suggested the future is bright for the Park and Recreation Department. In response to concerns regarding the land fill, he explained that the land fill is completely capped and is monitored and tested. The MPCA has also issued a no action letter. DuBois/Amundson offered Resolution No. 4881, A Resolution Approving a Wetland Replacement plan for Valley Green Business Park Limited Partnership, and moved its adoption. Motion carried unanimously. Sweeney/Link offered Resolution No. 4873, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat of Southbridge 1st Addition, and moved its adoption. Motion carried unanimously. Sweeney/Amundson moved to terminate probationary fire fighter Rusty Rice, effective April 7, 1998. (Motion carried under the Consent Agenda.) Official Proceedings of the April 7, 1998 Shakopee City Council Page -7- Sweeney/Amundson moved to accept the resignation of Teherence Doyle as Police Officer for the Shakopee Police Department of the City of Shakopee effective, April 3, 1998; and direct the Civil Service Commission to begin the process of finding a replacement. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 4878, A Resolution Accepting Bids on the Muenchow Fields Fencing Project, and moved its adoption. (Motion carried under the Consent Agenda.) Mark McQuillan, Park and Recreation Director, asked for Council approval to participate in the construction of two softball fields. He said the Softball Associations have agreed to donate funds for certain materials. In addition, Steve Hentges has agreed to donate his company's services to perform rough grading and soil removal. Bruce Loney has also recommended that the Public Works not charge the normal fee schedule rate, but only charge the man hours and operating costs to the project. Bruce Loney explained that the City Council may consider donations to this project by veering from the fee schedule rates for use of equipment to only charge the labor and operating costs. Another option was to waive the grading permit fee. In response to a question as to who would use the ball fields, Mark McQuillan explained the fields would be used first by the High School Varsity and Junior Varsity teams, followed by the Park and Recreation Department's youth softball programs. Ron Ward, ISD #720, approached the podium and said that parking would continue on the existing High School parking lot. The long range plans call for a parking lot on the east end of the new football field. He said there are provisions for the land to develop a parking lot at some point in the future. He said it is within the spirit of the existing cooperative agreement to participate in joint usage of summer park land. In response to a question as to what would happen if the contractor did not participate, Mr. Ward stated that there is no expectation on the part of the School District that the City would step in. He said this stage proposes to do the initial construction of the fields and to get them seeded so they could potentially be played on a year from now. Amundson/Link moved to authorize City staff to assist the Shakopee School District in the construction of two softball fields and to reduce the charges for final grade and seeding by using actual man-hours and operating costs instead of 1998 fee schedule rates, and waive the grading permit fee. Motion carried unanimously. Sweeney/Amundson moved to authorize City staff to contract with LOOIS for GIS support. (Motion carried under the Consent Agenda.) Official Proceedings of the April 7, 1998 Shakopee City Council Page -8- Sweeney/Amundson moved to appoint Elizabeth Handrich to the position of Planning Technician effective April 8th, at Step 1 of Pay Grade H (i.e. $26,154) and contingent on successful completion of a pre-employment physical. (Motion carried under the Consent Agenda.) Michael Leek reported that Southwest Metro Transit Commission(SMTC) would like to operate a youth only route to Valleyfair this summer. This service would include Chanhassen, Chaska and Eden Prairie. He asked for direction to as to whether or not to continue discussing with SMST,the potential for coordinating transfer points and service for Shakopee residents along the route. Len Simich, Executive Director SMTC, approached the podium and stated that there have been many requests over the last few years by residents of Chanhassen, Chaska and Eden Prairie to have direct service to Valleyfair. He said there is a real need to serve Valleyfair employees. The route would be from Eden Prairie directly to Valleyfair every two hours. In addition, potential employees from all points of the metro area would have access to this service from the Mall of America and Minneapolis to Eden Prairie. Tying the Chaska and Shakopee Dial-a-Ride services together would provide an opportunity for those wishing to work at Valleyfair as well as for residents of both Chaska and Shakopee wishing to do business in either community. A discussion ensued regarding ridership funding. Mr. Simich explained that the Mall of America and airport services have a lot of layover time built in and would allow enough down time to add the Valleyfair route without any additional costs to them. The routes from Chaska to connect with the Shakopee routes are basic Dial a Ride routes and would be based on demand and wherever they could coordinate the service. He suggested advertising the service from a group perspective and identifying specific times of the day in order to have 10-15 passengers. There was a consensus to move forward regarding the possible cooperation with SMTC and its proposed youth route. Michael Leek was directed to investigate the proposal with SMTC and to report back to the Council with recommendations. Cncl. Sweeney explained that there is a program that allows a City to authorize GO Bonds that are well below the market rate. This substitutes GO Bonding for what the Public Utility has done as Revenue Bonding. Because they would be GO Bonds, they would fall into a lower interest level category. This would reduce the cost of water for those connected to the water system. Lou Van Hout,Manager, Shakopee Utilities, approached the podium to request direction to move forward to see if there is some way to find a solution. If it is determined that this is the way to go,he said a formal resolution would be needed within three weeks. He asked that staff look into this and to have the Bond Counsel investigate this from the City's perspective. Official Proceedings of the April 7, 1998 Shakopee City Council Page -9- Sweeney/DuBois moved to direct staff to explore the opportunity of authorizing GO Bonds for the municipal water system and to bring recommendations back to the Council. Motion carried unanimously. Michael Leek reported that the response to the advertisement for persons interested in serving on a Transit Commission for the City of Shakopee only provided four applicants for the 7-member commission that was originally contemplated. He asked whether the Council would like staff to look at other ways to try to find potential candidates, or whether the Council would like to consider a 5-member, expandable commission. This would involve one Councilmember being appointed to the Transit Commission and to proceed with interviews of the applicants. A discussion ensued regarding contacting the focus group members to see if they would be interested in serving on the Transit Commission. DuBois/Sweeney moved to direct staff to continue seeking additional applicants for the Transit Commission. Motion carried unanimously. Jim Thomson, City Attorney, explained that the Developers Agreement for Canterbury Park 5th Addition, is slightly different from the standard agreement. He said the primary differences include a waiver of trunk stormwater fees, a cost sharing agreement on the construction of 12th Avenue with the City agreeing to pay for 50% of the cost as well as the cost of the bituminous trail on Vierling Drive. This is consistent with previous negotiations. The parking lot use agreement is not drafted at this point but will be drafted by Seagate's attorney. Sweeney/Link moved to direct the appropriate City officials to execute the Developers Agreement for Canterbury Park 5th Addition. Motion carried unanimously. Sweeney/Amundson offered Resolution No. 4880, A Resolution Ordering the Preparation of a Report on an Improvement to 17th Avenue, 1/4 Mile West of County State Aid Highway 17 to County State Aid Highway 17; and for the Extension of Sanitary Sewer and Watermain to 17th Avenue, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize the appropriate City officials to execute a consultant contract with Bolton & Menk, Inc. for engineering services for the proposed 17th Avenue, from 1/4 mile west of CSAH 17 to CSAH 17 Improvement Project in an amount not-to-exceed$4,500. (Motion carried under the Consent Agenda.) Sweeney/Amundson moved to authorize staff to solicit quotes for soil investigation work for the proposed 17th Avenue Improvement Project. (Motion carried under the Consent Agenda.) Official Proceedings of the April 7, 1998 Shakopee City Council Page -10- Sweeney/Amundson offered Ordinance No. 512, Fourth Series, An Ordinance of the City of Shakopee,Minnesota, Amending City Code Chapter 2, Administration and General Government, by Adopting a New Section, Sec. 2.41, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/DuBois offered Resolution No. 4882, A Resolution Approving the Contract for Private Development Among the City, the Shakopee Economic Development Authority, and Seagate Technology,Inc., and moved its adoption. Motion carried unanimously. Cncl. DuBois explained that the tobacco ordinance with the County has been approved. However, she said Shakopee's ordinance is more lenient than that of the County and asked if this issue might be placed on the next agenda to discuss the differences and to look at increasing the fines to be more in line with those of the County. A discussion ensued as to whether or not to include Julie Woodruff in future discussions and Judith Cox, City Clerk, stated that she has been in touch with Ms. Woodruff and was invited to draft a letter including items the City of Shakopee might like to look at. Judith Cox said she was also informed that certain changes to the ordinance may warrant a public hearing, and that staff needs to research this further. Sweeney/Link moved to adjourn to Tuesday, April 21, 1998, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 10:15 p.m. -dt d• elc J ith S. Cox ity Clerk Esther TenEyck Recording Secretary CITY OF SHAKOPEE CONSENT 0. Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: April 30, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 04/30/98 . 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 $507. 84 . Not included in the bill list is a wire transfer payment that was made to Pierce Mfg. in the amount of $289, 960 . 00 for payment on the chassis for the two new fire trucks. There is a small monetary gain by making the payment and the end out of pocket cost is reduced by $8, 700 . 00 . Action Requested Move to approve the bills in the amount of $340, 763 . 82 plus the fire truck payment of $289, 960 for a total of $630, 723 . 82 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 04/30/98 • CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 65,330 2,662 15,708 24 12 CITY ADMINISTRATOR 225,000 17,840 55,484 25 13 CITY CLERK 182,430 17,931 50,766 28 15 FINANCE 326,090 22,273 77,332 24 16 LEGAL COUNSEL 253,500 41,502 96,224 38 17 COMMUNITY DEVELOPMENT 474,700 46,488 127,261 27 18 GENERAL GOVERNMENT BUILDINGS 153,890 7,238 27,007 18 31 POLICE 1,786,920 184,487 546,999 31 32 FIRE 482,560 35,604 107,496 22 33 INSPECTION-BLDG-PLMBG-HTG 261,400 19,896 65,250 25 41 ENGINEERING 442,010 38,806 112,177 25 42 STREET MAINTENANCE 828,580 35,873 173,082 21 44 SHOP 125,890 15,700 36,305 29 46 PARK MAINTENANCE 373,940 33,187 91,850 25 91 UNALLOCATED 635,480 45,371 363,465 57 TOTAL GENERAL FUND 6,617,720 564,859 1,946,405 29 17 COMMUNITY DEVELOPMENT 485,570 63,550 115,619 24 TOTAL TRANSIT 485,570 63,550 115,619 24 19 EDA 156,600 5,773 16,546 11 TOTAL EDA 156,600 5,773 16,546 11 ri m rn (a 04 a a a a a a a a a xxxxxx A x x x x x x H H H H H H H H 000000 00 0 0 0 0 0 O a CO 000 1 0 Z m N w H U M co CO H U) H M er U) t0 N co t0 1.0 t0 LO t0 10 CA 01 U) La N 0 U) at as a) co a) a) a0 sr sr V'V sr V' \\ N et. 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ERROR OEORER c01 w w w w w w w w w w w w w CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Preliminary Plat of Roman Place Carriage Homes Addition (f/k/a Bernhagen Addition) MEETING DATE: May 5, 1998 INTRODUCTION Centex Real Estate Corporation. is requesting Preliminary Plat approval of Roman Place Carriage Homes Addition. This plat was initially named Bernhagen Addition, and has now been changed to the new title. This development will consist of 160 townhouse style units. The proposed development is located east of Marschall Road (County Road 17), near the northeast corner of 17th Avenue and Sarazin Street extended. At the April 9, 1998 Planning Commission meeting, a public hearing was opened, and discussion was continued to the April 23, 1998 meeting. Copies of the Planning Commission staff memos and preliminary plat are attached for your reference. ALTERNATIVES: 1. Approve the preliminary plat of Roman Place Carriage Homes Addition subject to conditions as presented. 2. Approve the preliminary plat of Roman Place Carriage Homes Addition subject to the revised conditions. 3. Do not approve the preliminary plat of Roman Place Carriage Homes Addition. 4. Table action on this item and request additional information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: At their April 23, 1998 meeting the Planning Commission recommended approval of the preliminary plat of Roman Place Carriage Homes Addition subject to conditions that have been incorporated into Resolution No. 4894. ACTION REQUESTED: Offer and approve Resolution No. 4894 approving the Preliminary Plat of Roman Place Carriage Homes Addition with conditions. i:\commdev\cc\1998\cc0505\ppbemhg.doc RESOLUTION NO. 4894 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT FOR ROMAN PLACE CARRIAGE HOMES ADDITION WHEREAS,Centex Real Estate Corporation is the applicant, and Sharron Bernhagen is the owner of said property; and; WHEREAS,the property upon which the request being made is legally described as: The North 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 17, Township 115, Range 22, City of Shakopee, Scott County,Minnesota, excepting therefrom the North 8.00 feet thereof WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Bernhagen Addition, now known as Roman Place Carriage Homes Addition on April 9th and 23rd, 1998, and has recommended its approval subject to conditions; and; WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat for Roman Place Carriage Homes Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: RESOLUTION NO.4894 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT FOR ROMAN PLACE CARRIAGE HOMES ADDITION Page 2 of 3 a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets(both public and private) in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 3. Park Dedication Fees shall apply to the development in amounts consistent with the City's adopted Fee Schedule. The payment of Park Dedication Fees can be deferred to the issuance of building permits for each unit and/or building. 4. The Final Construction Plans and Specifications(including all streets and roadways) must be reviewed and approved by the City Engineer and/or Shakopee Public Utilities. 5. The Final Construction Plans and Specifications for 17th Avenue must be reviewed and approved by Scott County Engineer. 6. Lots abutting private streets must be within the Common Interest Community plat. 7. A fifteen(15) foot drainage and utility easement for trunk storm sewer shall be dedicated along the eastern edge and northern edge of the final plat. 8. The developer shall provide necessary easements, as required by City Code. 9. The deferred Green Acre assessment must be paid. RESOLUTION NO.4894 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT FOR ROMAN PLACE CARRIAGE HOMES ADDITION Page 3 of 3 BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said plat and the developer's agreement for ROMAN PLACE CARRIAGE HOMES 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\cc0505\ppbemhg.doc 0 k in ,,, i_____ 1 14. fi// w 0 3 a 1 4 d U gdLL 0� we i 1- 111 1 ' s ° zMA fj 0 bQ I f u,.�t Q Z £] 4 i" -LS " 9'34M I'�is MN •th 11 to�m-1 1aiV� $ rn ..°11 . mo N bt » — — i ""s ai • `� 0 W . i 1 � ibgb 04 el 0 ° &intik. lx1 Ce 1 A 3of o'�"i i 1 O a m s.3 0 L „4.... € Wn 0 ' m ui 1 w -001 - a a 1 A Z L d ti { -. A Q h W ,� n o ,� a .. (12 . 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L 1 —1 1�,,1II1� �mim...jig o di �, �—t J L_t�J I �� F,,, o ), 111110 n 14) r� Ali NW i A 1 I I _ El -Th V ___ _ N °SV y; I 0 Et; ,t; I M I 111111rePTISIIPIr Cs1 link c•I M lir 6t Illig 61111 ' I !e I II t Oh I o \VVO _� / i� 1 I �I1r �- r_-I L _� Il a' r I LE _ _ I� cc 11 ---- -\---\ '- A KIL __ 4N , r -h 1 IlillitO M /� m 1 u 1 � � Y/ o . _Q _�� M —a� m ' �4 i OS OSI > v m '? Z r. �:,' d N -- N -mg �iebeetir - el) 1 ,t.. 5(n < N M i= 1 , I� N'., N - � - - ,.., 0 _ r �j �r z ... „..._ __to ,..,. 0_2-94-k- tilkskt-i 16-ai a= -----------------=a ------------------ - __-_----_--------as-m-m--mss------- as-----®" __�-� --- -....5,%: te ='}2 �n L� Z a0 °" ° corn _O 01 00 �' 3�aN r00 CN 0 " Qi 949 it'.0S'b/L MN°41;°4/t MN 04))°Z/L N°41 1° II 1000 3 n W v fi Uar= W continued from 04/09/98 PC Meeting CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Preliminary Plat of Bernhagen Addition (Applicant: Centex Real Estate Corporation) MEETING DATE: April 23, 1998 Introduction At the April 9th meeting, Centex Real Estate presented their preliminary plat of Bernhagen Addition for your review and consideration. The public hearing was opened, comments were heard, and said hearing was closed. The Commission subsequently offered a motion with a second to approve the preliminary plat, but tabled the decision to tonight's meeting. You may recall the Commission requested staff and the applicant to investigate a possible street connection from the plat onto Sarazin Street, located west of said plat. There were also a number of other items that have since been rectified in the initial public hearing, and are explained in the following considerations. Considerations: 1) The site plan submitted indicates twenty (20) separate, eight (8) unit buildings, or total of 160 residential units. The applicant has not requested any variances as part of the preliminary plat application. Please refer to your April 9th Staff Memo on the proposed site plan for this area. 2) The subject site was initially requested for clarification. The applicant stated the size for this proposal is 19.8 acres, and staff concurs with this size. 3) The applicant submitted a site plan providing a"gross density" of 8.08 units per acre. City Code Sect. 11.34, Subd. 5 requires that streets be excluded in calculating acreage, resulting in a "net acreage" calculation. The plan calls for 3.87+ acres of street right-of-way. Therefore, the net acreage should be 15.93 acres. The net density calculates to 10.04 units/acre. This density falls within the permitted seven to eighteen dwelling units per acre required in the Multiple Family Residential(R3)zone. 4) The applicant has indicated to staff an intent to file a Common Interest Community(CIC)plat for this development. The submitted preliminary plat/site plan shows the layout of twenty (20) separate building sites, lying within what appears to be Blocks 1 and 2. The final plat should be revised to identify only those areas being dedicated as right-of-way and the remainder of the subject site should be platted as Lot 1, Block 1, and Lot 1, Block 2, or something similar. 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. 5) In order to provide access to adjacent properties, the development plan for the project proposes an extension of the existing Brittany Drive from the south (French Trace 1st Addition) to the unplatted area to the north of this site. The plat also proposes the dedication and extension of the north-half of 17th Avenue along the southerly edge of said plat to the eastern edge of the property;and the east-half of Sarazin Street along the west edge of said plat, to the northerly edge of the property. At the April 9th meeting, the Commission raised the issue or questioned the need for a secondary access from this development, preferably onto Sarazin Street. A private road connection onto the public street(Sarazin)was requested. Staff informed the Commission that any connection onto a public street should meet public street width design criteria. Staff also informed the Commission that due to the potential future commercial development to the west of the subject site, a private or even public road connection would not be recommended because of the combined traffic generated at such an intersection. Staff has determined that all dedications and connections appear adequate and appropriate for this size of development, and remain committed in our original recommendation to approve the north- south dedication/development of Brittany Drive through the plat. Assistant City Engineer Rutherford's memorandum addressing this issue has been attached for your review. 6) The applicant is also proposing the exclusive use of private streets as an internal roadway system. All private streets identified in the site plan meet the 28 feet face to face requirement, except for one located near the southwest corner of this development, which measures 24 feet. If this street is allowed to remain, no parking shall be allowed on either side of this street. Staff is recommending that in order to enjoin any parking along this 24 foot street, that it be identified as a fire lane, whereas police will have authority to enforce the parking ban. 7) The developer has indicated to staff that the plat's title of"Bernhagen Addition" may be changed to a new name, which is undecided at this time. This name shall be provided prior to City Council review of the Preliminary Plat and should be reflected on all revised submittal information. 8) The City Engineering Department has reviewed this request and has provided comments. These comments are attached as Exhibit D (original memo), and shall be made part of the conditions for plat approval. 9) The Scott County Engineering Department has reviewed this request and has provided comments. These comments are attached as Exhibit E, (original memo), and shall be made part of the conditions for plat approval. 10) The Park Advisory Board is recommending that the development plan should include a small private play area, or tot lot, and adding playground equipment. Although a park is being proposed near this site, the park is still in its planning stage, and development timelines are unknown. The Park and Recreation Director has stated that this development may require separate play areas due to the proposed higher density of residents and children. Staff has researched and determined that City Code does not require any developer/development to provide play areas or"tot-lots," and therefore, this item will be left to the discretion of the Commission to recommend or deny this item as part of the plat. The Parks Board is also requesting full payment of park dedication fees at time of final platting. The applicant/developer has filed a request to defer these fees until issuance of building permits. The Commission stated in the previous public hearing/discussions that deferment of park fees should be afforded to the applicant. Staff has incorporated this item in our conditions of approval. 11) The applicant has provided information verifying that the development does not exceed the maximum impervious surface area requirement (maximum of 60%) for the Multiple Family Residential (R3) zoning district. The development identifies a 58% impervious coverage calculation. 12) The applicant is required to submit lot area information for each of the lots, outlots and right-of- way areas. 13) The applicant has submitted a landscape plan for this development. This plan appears to provide adequate plant sizes and numbers as required by Section 11.60 of the City Code. The applicant has calculated 25 landscaping units per building. The total required number per Code should be 500 landscaping units. The plan indicates 821 total landscape units are to be planted for this site. 14) The preliminary plat should identify all easements (both permanent and temporary) currently on the property, as well as those proposed with the plat. 15) The Building Official has commented that building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. 16) The subject site has a deferred assessment for 95-2, St. Francis Water (green acre assessment). This assessment is required to be paid prior to the recording of the Final Plat. 17) Staff informed the Commission that a traffic analysis study was already being proposed for this area, and should not be required as part of Final Plat application and approval. This item has been deleted from our previous conditions. Alternatives: Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Bernhagen Addition, subject to the following conditions; A. Prior to City Council review of the Preliminary Plat: 1. The Preliminary Plat shall be revised to show the individual lots or blocks required for CIC platting, and include all areas intended for the construction of private streets as outlots. The applicant is required to submit lot area information for each of the lots, outlots and right-of-way areas 2. The applicant shall provide the City with names for the private streets to ensure compliance with city street naming policies. 3. Renaming of the plat if necessary. This name should be reflected on all revised submittal information 4. The Park Advisory Board is recommending that the development plan include a small private play area, or tot lot, and adding playground equipment. The developer shall provide a revised site plan indicating the location of this play area, if required by the Planning Commission. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets(both public and private) in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, Sanitary Sewer Trunk Charges, security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 3. Park Dedication Fees shall apply to the development in amounts consistent with the City's adopted Fee Schedule. The payment of Park Dedication Fees can be deferred to the issuance of building permits for each unit and/or building. 4. The Final Construction Plans and Specifications (including all streets and roadways) must be reviewed and approved by the City Engineer and/or Shakopee Public Utilities. 5. The Final Construction Plans and Specifications for 17th Avenue must be reviewed and approved by Scott County Engineer. 6. Lots abutting private streets must be within the Common Interest Community plat. 7. A fifteen (15) foot drainage and utility easement for trunk storm sewer shall be dedicated along the eastern edge and northern edge of the final plat. 8. The developer shall provide necessary easements, as required by City Code. 9. The deferred Green Acre assessment must be paid. II. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Bernhagen Addition. III. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. I, the approval of the Preliminary Plat of Bernhagen Addition, subject to the above conditions. Action Requested: Offer a motion recommending to the City Council the approval of Preliminary Plat of Bernhagen Addition. Tim Benetti Planner I is\commdev\boas-pc\1998\0423\ppbern2.doc • ) CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Purchase of Replacement Dial A Ride Vans MEETING DATE: May 5, 1998 INTRODUCTION: In 1997 the City was awarded$180,000.00 for the purchase of replacement Dial A Ride vans. The vans currently being used are owned by Laidlaw, Inc.,were originally purchased by National Bus(and in fact still bear that company's name), and have become increasingly difficult to keep in repair. Staff has learned that the City will be able to purchase under an existing contract. With the$180,000.00, it may be possible to purchase 4 vehicles instead of 3. These would likely be 14-passenger vehicles. ALTERNATIVES: 1. Authorize the appropriate City officials to negotiate and execute the purchase of up to 4 Dial A Ride vans at a total cost not to exceed$180,000.00. 2. Do not authorize the appropriate City officials to negotiate and execute the purchase of up to 4 Dial A Ride vans at a total cost not to exceed$180,000.00. 3. Table the matter for additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer and pass a motion authorizing the appropriate City officials to negotiate and execute the purchase of up to 4 Dial A Ride vans at a total cost not to exceed$180,000.00. R. Michael Leek Community Development Director is\commdev\cc\1998\cc0505\DARVANS /5-. 6 . 1 # CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Pheasant Run Residential Development-Environmental Assessment Worksheet DATE: May 5, 1998 Introduction: The City Council is asked to make a negative declaration on the need for an Environmental Impact Study (EIS) for the proposed project. Attached for the Council's consideration is Resolution No. 4904, setting forth findings of fact and making such a declaration. Also attached are copies of the comments received and the draft response to those comments. Discussion: Notice of the EAW for the Pheasant Run project was published in the March 23rd EQB Monitor, as well as published in the City's official newspaper. The review and comment period thus officially closed on April 22, 1998. Despite that closing date, and in keeping with past practice, staff has accepted and is responding to comment received after April 22, 1998. Copies of the comment letters that were received, as well as the responses from the City, have been attached as Exhibit A. The Minnesota Environmental Quality Board (EQB) guidelines for EAWs state that an EIS shall be ordered for a project that has significant environmental effects. In deciding whether a project has the potential for significant effects, the RGU compares the effects that are reasonably expected from the project with the following criteria: A. Type, extent and reversibility of environmental effects. B. Cumulative potential effects of related or anticipated future projects. C. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority. D. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the public proposer or of EIS's previously prepared. The RGU must apply the criteria to the factual information contained in the EAW, the comments received on the EAW and the responses to the comments. After reviewing the four criteria, staff proposes the findings contained in the attached resolution. Alternatives: 1. Offer and approve Resolution No. 4904, A resolution making a negative declaration on the need for an Environmental Impact Statement for the proposed Pheasant Run project. 2. Offer and approve Resolution No. 4904, a resolution making a negative declaration on the need for an Environmental Impact Statement for the proposed Pheasant Run project with revisions. 3. Make a positive declaration on the need for an Environmental Impact Statement for the proposed Pheasant Run project, and direct staff to prepare the appropriate resolution. 4. Table the decision on the need for an Environmental Impact Statement. Recommendation: Staff recommends Alternative No. 1 Action Requested: Offer and approve Resolution No. 4904, a resolution making a negative declaration on the need for an Environmental Impact Statement for the proposed Pheasant Run project. R. Michael Leek Community Development Director RESOLUTION NO. 4904 A RESOLUTION MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED PHEASANT RUN PROJECT WHEREAS, the proposed Pheasant Run project required the preparation of an Environmental Assessment Worksheet (EAW); and WHEREAS, the City of Shakopee is the Responsible Governmental Unit(RGU)for the preparation of the EAW; and WHEREAS, the City of Shakopee has prepared an EAW for the proposed project which was published, distributed and commented on in accordance with Minnesota Statutes, Chapter 116D and 4410 of the Minnesota Rules; and WHEREAS, the City of Shakopee has reviewed all comments received regarding the EAW; and WHEREAS, the City Council has made the following findings relative to the proposed project; FINDINGS OF FACT AND CONCLUSIONS The developer of Pheasant Run proposes the construction of 263 single family residential lots. Pursuant to Minn. R. 4410.4300, subp. 19, A4, the City of Shakopee has prepared an Environmental Assessment Worksheet (EAW) for this proposed project. As to the need for an Environmental Impact Statement (EIS) on the project and based on the record in this matter, including the EAW and comments received, the City of Shakopee makes the following Findings of Fact and Conclusions: FINDINGS OF FACT I. PROJECT DESCRIPTION A. Project The proposed project involves the construction of 263 single family, unattached residential sites. B. Project Site The proposed project is within a 105.9 acre area north of Valley View Road and east of the Prairie Village development. There are currently no known environmental problems at this site. IL PROJECT HISTORY A. The project was subject to the mandatory preparation of an EAW under Minnesota R. 4410.43 00, subp. 19, A4. B. An EAW was prepared on the proposed project and distributed to the Environmental Quality Board (EQB) mailing list and other interested parties. C. A press release containing the notice of availability of the EAW for public review was provided to the media serving the project are and was published on March 19, 1998. D. The EAW was noticed in the March 23, 1998 EQB Monitor. The public comment period ended on April 22, 1998. Comment letters were received from the Metropolitan Council, Minnesota Department of Natural Resources, Minnesota Department of Transportation, Minnesota Historical Society, Minnesota Pollution Control Agency, Scott County Environmental Health Department, and Scott Soil and Water Conservation District. Copies of the letters are hereby incorporated by reference. Responses to the comments are also incorporated by reference. M. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS Minnesota R. 4410.1700, subp. 1 states that"an EIS shall be ordered for projects that have the potential for significant environmental effects." In deciding whether a project has the potential for significant environmental effects, the City of Shakopee must consider the four factors set out in Minnesota R. 4410.1700, subp. 7. With respect to each of these factors, the City finds the following: A. TYPE, EXTENT,AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS The first factor that the City of Shakopee must consider is the"type, extent and reversibility of environmental effects," Minnesota R. 4410.1700, subp. 7A. The City of Shakopee findings with respect to each of these issues are set forth below. 1. The type of environmental impacts anticipated as part of this project include: a. An increased stormwater runoff volume and runoff pollutants b. Increased water use c. Increased wastewater discharge d. Increased noise due to traffic within the area These impacts will be mitigated through the permitting and plan approval processes. 2. The extent and reversibility of environmental impacts are consistent with those of residential development. B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS The second factor that the City of Shakopee must consider is the cumulative potential effects of related or anticipated future projects, "Minnesota R. 4410.1700, subp. 7B. The City's findings with respect to this factor are set forth below. 1. The construction of the Pheasant Run development will be done in an unknown number of phases. The complete development will consist of 263 single family, unattached residential sites. The 263 residential sites are the only anticipated future projects at the site and the impacts have been adequately addressed by the EAW. C. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY 1. The following permits or approvals will be required for the project: Unit of Government Permit or Approval Required State: MN Dept. of Health Plumbing Plan approval MN Dept. of Health Watermain Review MPCA National Pollutant Discharge Elimination System(NPDES) MPCA Storm Water Permit MPCA Sewer Extension Permit Local: City of Shakopee Subdivision Approval City of Shakopee Preliminary&Final Plat Approval City of Shakopee Grading Permit City of Shakopee Building Permit 2. Storm water management must conform to the NPDES permit requirements and to the regulations and policies of the City of Shakopee, as well as the Wetland Conservation Act of 1991 through the City of Shakopee. 3. The City of Shakopee finds that the potential environmental effects of the project are subject to mitigation by ongoing regulatory authorities such that an EIS not be prepared. D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PROJECT PROPOSER, OR OF EIS's PREVIOUSLY PREPARED ON SIMILAR PROJECTS The fourth factor that the City of Shakopee must consider is"the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EIS's previously prepared on similar projects," Minnesota R. 4700.1700, subp. 7D. The City's findings with respect to this factor are set forth below. The environmental impacts of the proposed project have been addressed in the following plans prepared by the City: 1. City of Shakopee Comprehensive Storm Water Management Plan 2. City of Shakopee Transportation Plan 3. Shakopee Public Utilities Commission Comprehensive Sanitary Sewer Sewer Plan 4. City of Shakopee Comprehensive Water Plan 5. City of Shakopee Comprehensive Plan The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes undertaken by the City on similar projects. CONCLUSIONS 1. The EAW, the permit development process, and comments received on the EAW have generated information adequate to determine whether the proposed development has the potential for significant environmental effects. 2. Areas where the potential for significant environmental effects may have existed have been identified and appropriate mitigative measures have been incorporated into the project design and permits. The proposed development is expected to comply with all the City of Shakopee standards and review agency standards. 3. Based on the criteria established in Minnesota R.4410.1700, the project does not have the potential for significant environmental effects. 4. An Environmental Impact Statement is not required. 5. Any findings that might properly be termed conclusions and any conclusions that might properly be termed findings are hereby adopted as such by the Shakopee City Council with appropriate signatures below. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council that there is no need for an Environmental Impact Statement and a negative declaration is hereby made on the proposed Pheasant Run residential development. 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 Prepared by: The City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 Metropolitan Council Working for the Region, Planning for the Future April 7, 1998 Mr.Michael LeekIE,,,,,11,\� D The City of Shakopee 129 Holmes Street ,rt 1 6 1998 Shakopee,MN 55379 Re: EAW-Pheasant Run Residential Development-City of Shakopee Metropolitan District 5, Council Member Neil Peterson Referral File No. 16732.1 Dear Mr.Leek: The Council's Environmental Services staff has conducted a review of this EAW to determine its adequacy and accuracy in addressing regional concerns. The proposal is intended to develop 105.9 acres with 265 single-family lots and 9.5 acres for a park/school site. The project will be constructed in three phases over a four to five year period. The staff review has concluded that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with the Council policies. An EIS is not necessary for regional purposes. However, staff provides the following comments for your consideration. Item 8-Permits and Approvals Required Sanitary sewer service connection plans for the proposed project will need to be submitted to the Metropolitan Council Environmental Services Division,Municipal Services staff for review, comment,and issuance of a construction permit before connection can be made to either the municipal or metropolitan wastewater disposal system. No formal action will be taken on this EAW by the Council. Council staff recommends that the city evaluate and respond to the comments contained herein before making a negative declaration on this EAW. This will conclude the Council's review of the EAW. If you have any questions or need further information with respect to these matters,please contact Linda O'Connor,principal reviewer, at 602-1098. Sincerely, /c4.E.-62-,-)6i- AO A Helen Boyer r Director, Environmental Services Division cc: Neil Peterson,Metropolitan Council District 5 Keith Buttleman,Director,MCES Environmental Planning and Evaluation Department Richard E. Thompson, Supervisor, Comprehensive Planning Carl Schenk, Sector Representative Lynda Voge, Metropolitan Council Staff • 230 East Fifth Street St.Paul,Minnesota 55101-1634 (612)291-6359 Fax 291-6550 TDD/TTY 291-0904 Metro Info Line 229-3780 An Equal Opportunity Employer 4�OF MINNFSO�9 Minnesota Department of Natural Resources O N rn 500 Lafayette Road Q�5 St.Paul,Minnesota 55155-40_ 10 _j �OFNANRP`' 4...i _` ' April 20, 1998 APR 2'3 /998 Michael Leek Community Development Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RE: Pheasant Run Environmental Assessment Worksheet (EAW) Dear Mr. Leek: The Department of Natural Resources (DNR) has reviewed the EAW for the Pheasant Run project. We have no project-related comments to offer at this time. We do not recommend preparation of an environmental impact statement (EIS) for the project. Thank you for the opportunity to review this project. We look forward to receiving your record of decision and responses to comments. Minnesota Rules part 4410.1700, subparts 4 & 5, require you to send us your Record of Decision within five days of deciding this action. Please contact Bill Johnson of my staff at (612) 296-9229 if you have questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Environmental Review and Assistance Unit Office of Management and Budget Services c: Kathleen Wallace Con Christianson Bret Anderson Lynn M. Lewis, USFWS Gregg Downing, EQB Jim Sturm, James R. Hill, Inc. #980291-01 PHESANT.WP7 DNR Information:612-296-6157, 1-800-76b-6000 • TTY:612-296-5484, 1-800-657-3929 An Equal Opportunity Employer 4%' Printed on Recycled Paper Containing a Who Values Diversity tia Minimum of 10%Post-Consumer Waste 00ESo,. .' 1 Minnesota Depar►..ient of Transportation 1/4%0Metropolitan Division °"'� Waters Edge 1500 West County Road B2 Roseville, MN 55113 April 10, 1998 '�..t 1 11Wit— J APN21 1998 Michael Leek City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear Michael Leek: Subject: Pheasant Run Mn/DOT Environmental Review EAW97-010 South of Trunk Highway(TH) 169, East of County State Aid Highway(CSAH) 17 Shakopee, Scott County C.S. 7009 The Metro Division of the Minnesota Department of Transportation(Mn/DOT) has reviewed the Pheasant Run Environmental Assessment Worksheet (EAW) for impacts to the state highway system. We find it acceptable with consideration of the following comments. • The EAW is acceptable as written. However, we will require a Mn/DOT storm water drainage permit for the proposed development. Computations, drainage area maps, and detailed plans for all storm sewer runs should be submitted prior to permit application. Final pond contours and calculations (including 100 year peak discharges and water quality computations)must also be submitted. We also request a copy of the 1995 City of Shakopee Comprehensive Plan referred to in the EAW. Any questions regarding Mn/DOT drainage concerns may be directed to Judi Ransom of our Water Resources Section at 797-3056. • Noise levels from new TH 169 are expected to exceed state nighttime standards. According to the approved Indirect Source Permit for this highway,the responsibility for noise attenuation lies with the city and the developer. If an analysis has not yet been undertaken,we recommend that a specialist analyze this development for noise mitigation needs. Questions may be directed to Jim Hansen of our Planning Section at 582-1392. • We request the opportunity to review site plans and grading/drainage plans for any proposed developments next to TH 169,when plans have been prepared. Mn/DOT review of plans allows potential issues to be identified and considered at a comparatively early phase of the development process. Two copies of the plans may be sent to Sherry Narusiewicz, Local Government Liaison Supervisor, at the above address. Please allow thirty days for a formal response. An equal opportunity employer Michael Leek April 10, 1998 page two This letter represents the transportation concerns of the Metro Division of Mn/DOT. Other environmental concerns raised by a wider Mn/DOT review may be forwarded to you under separate letter. Please contact me at 582-1383 with any questions regarding this review. Sincerely, Lisa Christianson Transportation Planner/Local Government Liaison c: Gerald Larson,Mn/DOT Environmental Coordinator MINNESOTA HISTORICAL SOCIETY STATE HISTORIC PRESERVATION OFFICE _1) ft-NJ, i �( 'J 111E 1 tg 1���CI� .4rr Q1998 April 16, 1998 City of Shakopee Attn: Michael Leek 129 Holmes Street Shakopee, MN 55379 Re: Pheasant Run Residential Development T115 R22 S17, Shakopee,Scott County SHPO Number:98-2093 Dear Mr. Leek: Thank you for providing this office with a copy of the Environmental Assessment Worksheet for the above-referenced project. It has been reviewed pursuant to responsibilities given to the Minnesota Historical Society by the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act and through the process outlined in Minnesota Rules 4410.1600. There are no properties listed on the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Therefore, in our opinion,the"no"response to question 26a is appropriate. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, Procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal permit or license, it should be submitted to our office with reference to the assisting federal agency. Please contact Dennis Gimmestad at 612-296-5462 if you have any questions regarding our review of this project. Sin erely, ttiuyu Britta L. Bloomberg Deputy State Historic Preservation Officer 345 KELLOGG BOCLEb:ARI)WEST/SAINT PAUL. MINNESOTA 55102-1906/TELEPHONE:612-296-6126 vl' Minnesota Pollution Control Agency g v April 22, 1998 APR 2'3; t998 Mr. Michael Leek Community Development Director City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 Re: Pheasant Run Environmental Assessment Worksheet(EAW) Dear Mr. Leek: The Minnesota Pollution Control Agency (MPCA) has reviewed the Pheasant Run Environmental Assessment Worksheet(EAW) involving the development of a 106 acre parcel of land in Shakopee, Minnesota. We believe that impacts from construction and post- construction phases of the project can be mitigated by adhering to applicable regulations and ordinances and that the preparation of an Environmental Impact Statement(EIS) is not warranted for MPCA-related approvals. The following comments are offered for your consideration and response. Item 8 -- Permits and Approvals Needed Also included under this section should be the MPCA National Pollutant Discharge Elimination System(NPDES) General Stormwater Permit. Item 11 --Fish,Wildlife and Ecologically Sensitive Resources Has the Department of Natural Resources been contacted regarding any endangered or threatened species in the project area? Item 16 -- Soils This section should provide additional information. The EAW should include information regarding minimum depth to ground water, average depth to ground water, minimum depth to bedrock and average depth to bedrock. This information is needed before the EAW can be considered complete. 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612)296-6300(Voice); (612)282-5332(TTY) Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall•Rochester Equal Opportunity Employer•Printed on recycled paper containing at least 20%fibers from paper recycled by consumers. Mr. Michael Leek April 22, 1998 Page 2 The section should also describe soils on the site. How suitable are these soils for building? Are any soils on the site particularly susceptible to soil erosion or settling? Item 17 - Erosion and Sedimentation It appears from the contour map that some portions of the site may have slopes that are steep enough to significantly increase the potential for erosion . Is this the case and are the soils in these areas highly erodible? If so, what are the implications of that on stormwater control during and after construction? More information is needed on the kinds of best management practices that will be implemented on this site to prevent construction runoff. What amount of land will be open to development at any one time? We advise that the site be opened up in stages to reduce the potential for surface runoff during storm events. Will temporary sedimentation ponds be used? The MPCA permit clearly states that if ten or more acres of a site drain to a discernible point(which we suspect will be the case on a 106 acre site), temporary detention ponds shall be used during construction. Please refer to page 9 of the MPCA NPDES permit for more information on temporary erosion and sedimentation control. A National Pollutant Discharge Elimination System(NPDES) General permit for construction activity is required from the MPCA before construction can begin at the site. A stormwater plan for this site must be submitted to the MPCA two weeks prior to applying for this permit. For more information about the MPCA's NPDES General Stormwater Permit, contact Mr. Keith Cherryholmes at 612/296-6945. Item 18 --Water Quality -- Surface Water Runoff Again, more detail is needed on the storm water management plan. Permanent storm water ponds should be designed to achieve a 60 percent phosphorus and a 70-90 percent sediment reduction before the water is released to a receiving water. What is the receiving water for this stormwater? The EAW says that the water on site does not flow to any body of water. If that is the case, where will all of the water from this development ultimately go? Even if ground water is the ultimate receiving water for surface water runoff,the EAW should describe the impacts of pollutants on ground water over time. Item 21 -- Solid Wastes How much solid waste will a development of this size generate each year? How might an effective recycling program reduce the amount of municipal solid waste that must be hauled away? What is the city of Shakopee's program for encouraging recycling? Mr. Michael Leek April 22, 1998 Page 3 Thank you for the opportunity to review this proposal. Please note that the city, as the responsible governmental unit for the EAW, must provide specific responses to these comments pursuant to Minn. R. 4410.1700, subp. 4. These responses must be received prior to issuance of necessary MPCA permits or approvals for the project. If you should have any questions, please feel free to contact Lynne Kolze of this office at 612/282-5992. Sincerely,g:1-e Paul Hoff, Director Environmental Planning and Review Office Administrative Services Division PH:smm c: Keith Cherryholmes, MPCA Water Quality Division Raymond Ames, James R. Hill, Inc. Jim Sturm,James R. Hill,Inc. Gregg Downing, Environmental Quality Board SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION G,,;rt ENVIRONMENTAL HEALTH DEPARTMENT t22,11, COURTHOUSE A102 428 HOLMES STREET SOUTH �+�?I � �� / SHAKOPEE, MN 55379-1393 U UL (612)496-8177 Fax:(612)496-8496 AM 1 7 1998 April 15, 1998 Mr. Michael Leek Community Development Director 129 Holmes Street S . Shakopee, MN 55379 Dear Michael : Thank you for the opportunity to review the Environmental Assessment Worksheet (EAW) for Pheasant Run. We wish to submit for consideration in the need for an Environmental Impact Statement the following comments : We noted that this development is adjacent to and linked via internal roads and utility connections to surrounding land which is yet to be developed. This project appeared to us to be a connected action and we would suggest to Shakopee that in determining the full scope of this project the following Minnesota Environmental Quality Board rules be considered: Minnesota Rules, Chapter 4410.0200 Subp. 9b. Connected actions. 4410.1000 Subp. 4. Connected actions and phased actions. 4410.1700 Subp. 9. Connected actions and phased actions. 4410.2000 Subp. 4. Connected actions and phased actions. We also have comments on the following sections : 12 . There is an existing intermittent stream that runs unto the project site from the south. The plans provided show that this stream is being changed. The stream has in the past simply run unto this site and soaked into the ground. We question whether or not this will continue to function in this way after moving the stream and changing land surface gradients and possibly soil types. This question should have been marked "YES" and an explanation provided to identify the frequency of flows and volumes of water calculated to flow unto this site. For your information, we had received several complaints in the past regarding water quality in this particular intermittent stream. We would An Equal Opportunity/Safety Aware Employer Mr. Michael Leek Re: Pheasant Run EAW April 14, 1998 Page 2 suggest that a watershed evaluation of sources of contamination and impacts to this development be considered. 16. This question was not responded to in the EAW. The depth to ground water and bedrock can be relatively easily determined from existing information. This information is normally provided for a project like this to enable reviewers to recognize the potential impacts to ground water resources . This area is highly susceptible to ground water contamination. 18 The EAW suggested that "Upon development, water quality is expected to be improved, as the use of chemicals associated with agriculture is eliminated." This statement was unsubstantiated. Chemical and fertilizer application on agricultural land is controlled by the Minnesota Department of Agriculture, and limited significantly by cost. On the other hand, fertilizer and pesticide use by home owners for lawns, shrubbery and tree care, management of household wastes including automobile waste oil, deicing salt application are not controlled. Urban runoff impacts should be evaluated especially considering that the soils in this area are highly permeable, the ground water is highly susceptible to contamination and the area is likely within the recharge area for several municipal wells . 20. The responses to a. b, and c. , are inadequate. The responses to these questions are readily available and should have been researched and presented by the preparer. This area is highly susceptible to ground water contamination and this factor is an important impact from this project and especially important for Shakopee Officials to understand and consider. It should be adequately addressed. 21 . The answer to question 21a and b should be provided and addressed. 23 . The answer to this question is inadequate. This site is in the valley which is frequently subjected to air inversions . Additional development in the valley will contribute to inversion problems and should be adequately examined and addressed. As residential development eventually fills the valley, prDblems with air inversions will grow and should be considered. 24 . The answer to this question should have been yes . Each residential structure will have stationary sources of air N:IWORD\MUNICI-1\PHEASANT.DOC Mr. Michael Leek Re: Pheasant Run EAW April 14, 1998 Page 3 emissions which will contribute to air emission problems within the valley as noted above. 30. This project appears to be part of an overall plan to develop the area south of the bypass. Shakopee should recognize the cumulative impacts from these inter-connected developments to air, ground water, traffic, surface water management and other environmental concerns . We highly recommend that an Alternative Urban Areawide Review be completed to help the city better anticipate problems and ensure that the developments are designed for maximum long term benefit of the community. In general we found this EAW was not complete. Responses to questions were not provided in several crucial areas important to public health and the environment. We recommend that Shakopee amend this EAW accordingly and redistribute it for comment. In addition, the copy which we received was not signed by the RGU and, therefore, is not technically complete. Si -_rely, I/ i•. A len Frechette, Environmental Health Manager cc: Greg Downing, MEQB Lou VanHout, Shakopee Public Utilities Brad Larson, Scott County Assoc. Administrator Public Works N:\W ORD\MUNICI--1\PHEASANT.DOC SCOTT SOIL AND WATER 107 WATER STREET CONSERVATION DISTRICT JORDAN, MN. 55352 PHONE 612-492-2636 April 9, 1998 To: City of Shakopee RECEIVED Mr. Michael Leek ,.r K 1 0 1998 129 Holmes Street Shakopee, MN. 55379 RE: Review of Environmental Assessment Worksheet on Pheasant Run Residential Development in Shakopee Minnesota Dear Mr. Leek, The following comments and/or suggestions are submitted for your consideration on the above referenced project: • The area of the proposed development is located in an area that has been identified as being moderately and highly susceptible to ground water contamination. The DRAFT copy of the Scott County Groundwater Protection Plan indicates that an assessment should be made as to what should be required for regional storm water ponds located in sensitive groundwater areas. The plan does not address site specific ponds, therefore, the County should analyze what types of pollutants will be entering these ponds and any associated effects on ground water. • The Minnesota Pollution Control Agency handbook, Protecting Water Quality in Urban Areas states that detention ponds located in an area with fractured limestone or where shallow aquifers exist should have two feet of soil between detention pond and shallow aquifer. • According to our records there is a feedlot of 50 - 100 Animal Units across Valley View road from the proposed development. Does the city have a feedlot ordinance that restricts development within a setback from feedlots? • Will the increased duration and volume of runoff generated from this development have an adverse impact on downstream land owners (the outlet is not directly into a body of water but rather all drainage is overland flow)? Review of stormwater discharge should be completed by the city engineer. • A copy of the Erosion and Sediment Control Plan for this development should be reviewed by the City of Shakopee engineering office prior to approval of the final plat. If you have any questions or would like more detailed information, feel free to contact our office. Since • Peter J. Beckius, District Manager Scott Soil and Water Conservation District cc: Scott County Planning Office • CITY OF SHAKOPEE Memorandum TO: Shakopee City Council Shakopee Planning Department Helen Boyer, Metropolitan Council Thomas Balcom, Minnesota Department of Natural Resources Lisa Christianson, Minnesota Department of Transportation Britta Bloomberg, Minnesota Historical Society Paul Hoff, Minnesota Pollution Control Agency Allen Frechette, Scott County Environmental Health Department Peter Beckius, Scott Soil and Water Conservation District FROM: R. Michael Leek, Community Development Director DATE: May 5, 1998 RE: Responses to comments received as part of the EAW process for the proposed plat of Pheasant Run in Shakopee. Enclosed, please find responses to comments received as part of the EAW process for the proposed plat of Pheasant Run in Shakopee. Item 8 Comment Sanitary sewer service connection plans for the proposed project will need to be submitted to the Metropolitan Council Environmental Services Division, Municipal Services staff for review, comment, and issuance of a construction permit before connection can be made to either the municipal or metropolitan wastewater disposal system. -Metropolitan Council Response The sanitary sewer service connection plans will be submitted to the Metropolitan Council for review by the project proposer. Comment Also included under this section should be the MPCA National Pollutant Discharge Elimination System(NPDES) General Storm Water Permit. -Minnesota Pollution Control Agency Response The developer is required, and will be notified of the requirement, to obtain a National Pollutant Discharge Elimination System(NPDES) General Stormwater Permit. Comment If this project is considered for federal assistance, or requires a federal permit or license, it should be submitted to our office with reference to the assisting federal agency. -State Historic Preservation Office Response It is not anticipated that federal assistance will be sought for the project. However, the project will be submitted to the Historic Preservation Office, subject to the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, if considered for federal assistance. Comment We will require a Mn/DOT storm water drainage permit for the proposed development. Computations, drainage area maps, and detailed plans for all storm sewer runs should be submitted prior to permit application. Final pond contours and calculations (including 100 year peak discharges and water quality computations) must also be submitted. We also request a copy of the 1995 City of Shakopee Comprehensive Plan referred to in the EAW. -Minnesota Department of Transportation Response The developer will obtain the necessary permits for the proposed development. The City of Shakopee has forwarded a copy of the 1995 Comprehensive Plan to Mn/DOT as requested Item 11 Comment Has the Department of Natural Resources been contacted regarding any endangered or threatened species in the project area? -Minnesota Pollution Control Agency Response The Department of Natural Resources has reviewed this EAW and has stated that no project-related comments exist. Item 12 Comment There is an existing intermittent stream that runs unto the project site from the south. The plans provided show that this stream is being changed. The stream has in the past simply run unto this site and soaked into the ground. We question whether or not this will continue to function in this way after moving the stream and changing land surface gradients and possibly soil types. This question should have been marked "YES" and an explanation provided to identify the frequency of flows and volumes of water calculated to flow unto this site. For your information, we had received several complaints in the past regarding water quality in this particular 2 intermittent stream. We should suggest that a watershed evaluation of sources of contamination and impacts to this development be considered. -Scott County Environmental Health Department Response Information available to the City suggests that the flow of water referred to is a function of a pre-existing drainage pattern rather than surface water, as contemplated by question 12 of the EAW. Given that characterization, the answer to question 12 is correct. Further, complaints about water quality of such temporary or intermittent phenomenon seem predictable. If there is evidence of contamination, study by the watershed district and/or the County may be appropriate. Logic would suggest agricultural materials as a source; these would be abated by development. Item 16 Comment This question was not responded to in the EAW. The depth to ground water and bedrock can be relatively easily determined from existing information. This information is normally provided for a project like this to enable reviewers to recognize the potential impacts to the ground water resources. This area is highly susceptible to ground water contamination. -Scott County Environmental Health Department Response Existing information suggests that the minimum depth of ground water is 45 feet and the average depth is 75 feet; the minimum depth of bedrock is 45 feet and the average depth is 65 feet. Comment This section should provide additional information. The EAW should include information regarding minimum depth to ground water, minimum depth to bedrock and average depth to bedrock. This information is needed before the EAW can be considered complete. This section should also describe soils on the site. How suitable are these soils for building? Are any soils on the site particularly susceptible to soil erosion or settling? -Minnesota Pollution Control Agency Response Please refer to the preceding response for the minimum and average depths of ground water and bedrock. The soils on the site are level to gently sloping. Soils consist of Hubbard loam and fine sand, Esterville loam and sandy loam, and Waukegan silty loam. These soils consist of deep, well drained soils and outwash plains on the stream terraces. They are moderately to rapidly permeable soils. The City feels that these soils are adequate for building. 3 Item 17 Comment It appears from the contour map that some portions of the site may have slopes that are steep enough to significantly increase the potential for erosion. Is this the case and are the soils in these areas highly erodible? If so, what are the implications of that on stormwater control during and after construction? More information is needed on the kinds of best management practices that will be implemented on this site to prevent construction runoff. What amount of land will be open to development at any one time? We advise that the site be opened up in stages to reduce the potential for surface runoff during storm events. Will temporary sedimentation ponds be used? The MPCA permit clearly states that if ten or more acres of a site drain to a discernible point (which we suspect will be the case on a 106 acre site), temporary detention ponds shall be used during construction. Please refer to page 9 of the MPCA NPDES permit for more information on temporary erosion and sedimentation control. A National Pollutant Discharge Elimination System(NPDES) General permit for construction activity is required from the MPCA before construction can begin at the site. A stormwater plan for this site must be submitted to the MPCA two weeks prior to applying for this permit. -Minnesota Pollution Control Agency Response The developer is required, as part of the platting process, to submit a stormwater management plan for the proposed development. The City of Shakopee Engineering Department will review the plan for compliance with runoff and treatment standards. The project will be constructed in phases. Temporary ponding will be used during the construction of the development. Construction plans must be submitted by the developer for the proposed project and reviewed by the City of Shakopee Engineering Department for compliance. The applicant is required to obtain a National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit. 4 Comment A copy of the Erosion and Sediment Control Plan for this development should be reviewed by the City of Shakopee Engineering Office prior to approval of the final plat. -Scott Soil and Water Conservation District Response The developer is required, as part of the platting process, to submit an Erosion and Sediment Control Plan for the proposed development. The City of Shakopee Engineering Department will review the plan for compliance prior to approval of a final plat. Item 18 Comment The EAW suggested that"Upon development, water quality is expected to be improved, as the use of chemicals associated with agriculture is eliminated." This statement was unsubstantiated. Chemical and fertilizer application on agricultural land is controlled by the Minnesota Department of Agriculture, and limited significantly by cost. On the other hand, fertilizer and pesticide use by home owners for lawns, shrubbery, and tree care, management of household wastes including automobile waste oil, deicing salt application are not controlled. Urban runoff impacts should be evaluated especially considering that the soils in this area are highly permeable, the ground water is highly susceptible to contamination and the area is likely within the recharge area for several municipal wells. -Scott County Environmental Health Department Response A stormwater management plan has been submitted for the proposed development. This plan will be reviewed by the City of Shakopee Engineering Department for compliance with stormwater runoff and treatment standards. Comment More detail is needed on the storm water management plan. Permanent storm water ponds should be designed to achieve a 60 percent phosphorus and a 70-90 percent sediment reduction before the water is released to a receiving water. What is the receiving water for this storm water? The EAW says that the water on site does not flow to any body of water. If that is the case, where will all the water from this development ultimately go? Even if ground water is the ultimate receiving water for surface water runoff, the EAW should describe the impacts of pollutants on ground water over time. -Minnesota Pollution Control Agency Response The developer is required, as part of the platting process, to submit a stormwater management plan for the proposed development. The City of 5 Shakopee Engineering Department will review the plan for compliance with runoff and treatment standards. Comment Will the increased duration and volume of runoff generated from this development have an adverse impact on downstream landowners(the outlet is not directly into a body of water but rather all drainage is overland flow)? Review of stormwater discharge should be completed by the City Engineer. -Scott Soil and Water Conservation District Response The developer is required, as part of the platting process, to submit a stormwater management plan for the proposed development. The City of Shakopee Engineering Department will review the plan for compliance with runoff and treatment standards. The City currently limits the rate of run-off to .3 CFS per acre. Item 20 Comment The responses to a., b., and c. are inadequate. The responses to these questions are readily available and should have been researched and presented by the preparer. This area is highly susceptible to ground water contamination and this factor is an important impact from this project and especially important for Shakopee Officials to understand and consider. It should be adequately addressed. -Scott County Environmental Health Department Response a) See response to Item 16. b) No such conditions have been identified on the site. If the reviewer is in possession of information contrary to this finding, it should be shared with Shakopee officials. c)No such materials are present or will be used. Comment The area of the proposed development is located in an area that has been identified as being moderately and highly susceptible to ground water contamination. The DRAFT copy of the Scott County Groundwater Protection Plan indicates that an assessment should be made as to what should be required for regional storm water ponds located in sensitive groundwater area. The plan does not address site specific ponds, therefore, the County should analyze what types of pollutants will be entering those ponds and any associated effects on ground water. -Scott Soil and Water Conservation District 6 Response The developer is required, as part of the platting process, to submit a stormwater management plan for the proposed development. The City of Shakopee Engineering Department will review the plan for compliance with runoff and treatment standards. Comment The Minnesota Pollution Control Agency handbook, Protecting Water Quality in Urban Area, states that detention pods located in an area with fractured limestone or where shallow aquifers exist should have two feet of soil between detention pond and shallow aquifer. -Scott Soil and Water Conservation District Response The developer is required, as part of the platting process, to submit a stormwater management plan for the proposed development. The City of Shakopee Engineering Department will review the plan for compliance with runoff and treatment standards. Item 21 Comment The answer to question 21a and b should be provided and addressed. -Scott County Environmental Health Department Response The types of solid and hazardous wastes mentioned in question 21 of the EAW will not be generated from this development. Comment How much solid waste will a development of this size generate each year? How might an effective recycling program reduce the amount of municipal solid waste that might be hauled away? What is the City of Shakopee's program for encouraging recycling? -Minnesota Pollution Control Agency Response The City of Shakopee has a closed system of refuse handling. Waste Management, Inc. is responsible for the collection of refuse and also provides a recycling service at no extra charge, which enhances its desirability and use by City residents. Item 23 Comment The answer to this question is inadequate. This site is in the valley which is frequently subjected to air inversions. Additional development in the valley will contribute to inversion problems and should be adequately examined and addressed. As residential development eventually fills the valley, problems with air inversions will grow and should be considered. -Scott County Environmental Health Department 7 Response As the reviewer should be aware, having recently reviewed the EAW for the East Dean Lake residential PUD, an air quality analysis is not needed since fewer than 500 new parking spaces will be generated. Item 24 Comment The answer to this question should have been yes. Each residential structure will have stationary sources of air emissions which will contribute to air emission problems within the valley as noted above. -Scott County Environmental Health Department Response The reviewers comment is specious. The types of facilities contemplated by question 24 of the EAW do not include individual household furnaces. Moreover, the City is perplexed by the reviewers change in interpretation of this question from the East Dean Lake residential PUD to the EAW for Pheasant Run. Furthermore, the City has contacted the EQB regarding this comment and their representative is in agreeance with the City's interpretation of this question. Item 26a Comment There are no properties listed on the National or State Registers of Historic Places, and no known or suspected archeological properties in the area that will be affected by this project. Therefore, in our opinion, the"no" response to question 26a is appropriate. -State Historic Preservation Office Response No further response is necessary. Item 30 Comment This project appears to be part of an overall plan to develop the area south of the bypass. Shakopee should recognize the cumulative impacts from these inter-connected developments to air, ground water, traffic, surface water management and other environmental concerns. We highly recommend that an Alternative Urban Areawide Review be completed to help the City better anticipate problems and ensure that the developments are designed for maximum long term benefit of the community. -Scott County Environmental Health Department Response The project is indeed part of an overall plan for development of the area within MUSA south of the bypass and on either side of CSAH 17. This plan is the City's Comprehensive Plan adopted in 1996. Prior to the adoption of that Plan, individuals and agencies, including Scott County, 8 were invited to co ent. As part of the planning process, impacts on environmental con.erns were considered. Furthermore, extension of trunk sanitary sewer req ired an EAW as well. Implicit in that EAW was consideration of th impacts of development that will be served by the sanitary sewer. Ci'1 staff will be meeting with its consulting staff to discuss the feasibili y/probability of completing an Alternative Urban Areawide Review i.r the property south of the Highway 169 bypass. The reason for conside :tion of an Alternative Urban Areawide Review at this time is to streamlin- process and time for environmental review for projects that are clearly con.istent with the City's own well-considered Comprehensive Pl. . General Comments Comment We have no projec -related comments to offer at this time. We do not recommend prepar tion of an environmental impact statement(EIS)for the project. -Minnesota Depart ent of Natural Resources Response No further respons is necessary. Comment In general we founI, this EAW was not complete. Responses to questions were not provided n several crucial areas important to public health and the environment. e recommend that Shakopee amend this EAW accordingly and re.istribute it for comment. In addition, the copy which we received was nit signed by the RGU and, therefore, is not technically complete. -Scott County Env' onmental Health Department Response The information re l-rred to by the reviewer is adequately addressed by these responses an. is not in such a nature as to warrant the redistribution of the EAW. The • W requires that all three certifications must be signed by the RGU for E•,B acceptance of the EAW for publication of notice to the EQB Monitor. The original EAW was signed by the RGU and accepted by the E S,I: and therefore is complete. Comment According to our r:cords, there is a 50 - 100 Animal Units across Valley View Road from th- proposed development. Does the City have a feedlot ordinance that rest cts development within a setback from feedlots? -Scott Soil and Wa er Conservation District 9 Response The City does have a regulatory process for feedlots. As part of this process, feedlots are reviewed for setbacks from existing residential properties. However, it is not the intent or purpose of the regulatory process to restrict the development of properties in the general proximity of pre-existing feedlots. Comment Noise levels from new TH 169 are expected to exceed nighttime standards. According to the approved Indirect Source Permit for this highway, the responsibility for noise attenuation lies with the City and the developer. If an analysis has not yet been undertaken, we recommend that a specialist analyze this development for noise mitigation needs. -Minnesota Department of Transportation Response The developer shall be responsible for any and all costs associated with noise mitigation for the proposed development. Comment We request the opportunity to review site plans and grading/drainage plans for any proposed developments next to TH 169, when plans have been prepared. Mn/DOT review of plans allows potential issues to be identified and considered at a comparatively early phase of the development process. Two copies of the plans may be sent to Sherry Narusiewicz, Local Governments Liaison Supervisor. Please allow thirty days for a formal response. -Minnesota Department of Transportation Response Site plans and grading/drainage plans for all developments adjacent to TH 169 are forwarded to Mn/DOT for review and comment as a matter of practice. 10 l -r• X9. 3. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Initiating the Vacation of Easements in Westridge Lake Estates 2nd Addition DATE: May 5, 1998 Introduction The attached Resolution No. 4895 sets a public hearing date to consider the vacation of an easement. The easement proposed for vacation is located along the common lot line of Lots 1 and 2, Block 3, Westridge Lake Estates 2nd Addition. The City received a petition for the vacation of the easement from Mr. Darrel E. Gonyea. Mr. Gonyea is requesting a minor subdivision to realign the common lot line between the two parcels, and thus, will need to vacate the existing easement and redefine a new easement along the new lot line. A map has been attached for your reference. Discussion The attached resolution sets a public hearing date of June 2nd, 1998. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission(May 21, 1998 meeting),will be presented to the City Council for its consideration. Action Requested Offer Resolution No. 4895, a Resolution Setting the Public Hearing Date to Consider the Vacation of an Easement within Westridge Lake Estates 2nd Addition, and move its adoption. i:\commdev\c61998\cc0505\vacgonya.doc RESOLUTION NO. 4895 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF EASEMENTS WITHIN WESTRIDGE LAKE ESTATES 2ND ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that easements dedicated with Westridge Lake Estates 2nd Addition, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that a hearing be held in the Council Chambers on the 2nd day of June, 1998, at 7:00 P.M. or thereafter, on the matter of vacating easements within Westridge Lake Estates 2nd Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S.Holmes Street Shakopee,MN 55379 I 1 • • I • A • , , . • . . 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' I RR I Rural Residential , . , (R1AI Low Density Residential _ • -, . - -: . :z.-...--1..--.--:-`-----:,-;:-.7-- . . .i. I -1 Urban Residential IR1C1 Old Shakopee Residential RR I R2 I Medium Density Residential A .. . . - I R3 I Multiple Family Residential I • - ass .. • FS-1 Highway Business in 7t .. . c" ____ •_ •- 1 B2 I Office Business ._ ... - . -\il ' , . . . . . . . ,. . ; -6* I 83 I Central Business , .... __ _ . • - - - . .. _.-, , I 11 I Light Industrial I 12 I Heavy Industrial - _ ' — . \,‘ I MR I Major Recreation , . - _ _ . •.. \(') .-. - . . Overlay Zones .. . S? . . - I--S-iShoreland . ... I--F-1Floodplain District . . . . _ .. .. ,-- • . . Mining Overlay F5754 PUD Overlay _. --.7---- - - ---- • . - ----:- -. " . ...-.,-....-:-.:.:-.......k...... -- ..z•_ '..,..---t".-..-:-.4:-;---,-;=-j,----- ------ ,A °� CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to Terms and Conditions of Approval of Preliminary and Final Plat of Canterbury Park 5th Addition MEETING DATE: May 5, 1998 INTRODUCTION: On March 17, 1998 the Council approved Resolution No. 4874 approving the preliminary and final plat of Canterbury Park 5th Addition. That resolution requires, among other things,that the City Engineer and SPUC Utilities Manager approve final construction plans prior to recording of the plat. On April 7, 1998 the Council approved a specific developers agreement for Canterbury Park 5th Addition. That agreement, by contrast, requires approval of final plans prior to commencement of construction of the public improvements. This condition was formulated in recognition of the time frame for preparing plans, and moving forward with the project. It is desirable to amend the conditions of approval to conform to the condition contained in the developers agreement so that the plat can be released and recorded. Resolution No. 4906(attached)amends the terms and conditions of plat approval in that respect. ACTION REQUESTED: Offer and approve Resolution No. 4906, A Resolution Amending the Terms and Conditions of Approval of the Preliminary and Final Plats of Canterbury Park 5th Addition .A11°"Z_ , r R. ichael Leek Community Development Director CONSENT RESOLUTION NO. 4906 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY AND FINAL PLATS OF CANTERBURY PARK 5TH ADDITION WHEREAS, Valley Green Business Park, the applicant, has applied for Preliminary and Final Plat approval for property located north of STH 169 and west of CSAH 83; and WHEREAS, the property for which the request is being made is legally described on Exhibit A, attached hereto; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Canterbury Park 5th Addition and the Final Plat of Canterbury Park 5th Addition on March 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; and WHEREAS, on March 17, 1998 the City Council of the City of Shakopee adopted Resolution No. 4874 approving the preliminary and final plats of Canterbury Park 5th Addition requiring that the City Engineer and SPUC Utilities Manager approve final construction plans prior to recording of the plat; and WHEREAS, on April 7, 1998 the City Council of the City of Shakopee approved the developers agreement for Canterbury Park 5th addition which requires that the City Engineer and SPUC Utilities Manager approve final construction plans prior to commencement of construction of the Plan A Improvements; and WHEREAS, it is desirable to amend the terms of approval for Canterbury Park 5th Addition so that they are consistent with the terms of the adopted developers agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat of Canterbury Park 5th Addition and the Final Plat of Canterbury Park 5th Addition is hereby approved subject to the following conditions: a) The conditions outlined in Canterbury Park 2nd Planned Unit Development approval resolution shall be adhered to. b) The City Engineer and SPUC Utilities Manager must approve the Final Construction Plans and Specifications prior to the construction of the Plan A Improvements. CONSENT c) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of the title commitment by the City Attorney. ii)Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b)Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c)Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer will be responsible for construction of the trail within the plat and shall be responsible for payment of one-half the cost of the trail along 12th Avenue. g) The developer shall be responsible for payment of Trunk Storm Water Charges, security for the public, engineering review fees, and other fees as required by the City's Fee Schedule, except as otherwise amended by the development agreement for the Seagate project. h)Park dedication for Lot 2, Block 2, CANTERBURY 5TH(Seagate development) will be calculated at the rate of$4500.00/acre and will be deferred to the time of building permit issuance. Park dedication will be at the rate approved by the City at the time of building permit application less previous dedication paid for the following lots: (1)Lot 1, Block 1, (2)Lot 1, Block 2, (3)Lot 1, Block 3. iii) The developer shall provide easements, as required by City Code, and as approved by the City Engineer, including an easement for the bituminous trail. 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 /5, 5, /. 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: May 5, 1998 INTRODUCTION: Attached is Resolution No. 4902, which approve the plans and specifications and authorizes staff to advertise for bids for the 1998 Reconstruction Project. BACKGROUND: On March 2, 1998, the City Council of Shakopee adopted Resolution No. 4854, ordering the preparation of plans and specifications for the 1998 Street Reconstruction project. This project consists of reconstructing 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 The plans and specifications will be completed by Tuesday, May 5, 1998. In order to stay on schedule and get the project completed this year, staff is requesting approval of the plans and specifications and authorize staff to advertise for bids. The bid letting date is scheduled for June 1, 1998. The Council could award the contract on June 2, 1998 and construction could start within two weeks after that date. The 1998 Reconstruction Project has 11 blocks of streets being reconstructed and with sanitary sewer and watermain replacement. Staff feels it is important to start a street reconstruction project with sanitary sewer and watermain replacement as soon as possible in order to complete the project work during the warmer summer months. City staff has contacted property owners as necessary to help design the plans and did conduct an informational meeting with property owners on April 30, 1998. A total of 10 residents were present at this meeting and staff did receive many worthwhile comments for consideration and possible incorporation in the plan design. Attached is Resolution No. 4902 which authorizes advertisement for bids on this project. The main purpose of the project is to reconstruct the street pavements while replacing the sanitary sewer, watermain and service line infrastructure to older streets in Shakopee. Other project highlights are as follows: 5th Avenue- Scott Street to Holmes Street 1. Sanitary sewer and watermain reconstruction. 2. Diagonal parking provided on street blocks adjacent to Scott County. 6th Avenue- Scott Street to Spencer Street 1. Sanitary sewer, watermain, storm sewer reconstruction and new watermain from Holmes Street to Spencer Street. 2. Diagonal parking provided adjacent to School District and St. Mary's property. 3. Street width reduced to 40 feet from Sommerville Street to Spencer Street in order to install new sidewalk and minimize impact to residents. 4. Completion of sidewalk routes along 6th Avenue. Fuller Street- 6th Avenue to 5th Avenue 1. New storm sewer on Fuller Street Sommerville Street- 6th Avenue to 5th Avenue 1. Diagonal parking provided adjacent to St. Mary's property. 2. Removing intermittent sidewalks and not replacing per Council policy on east side. Attached is a petition from residents who are opposed to the completion of sidewalks on 6th Avenue, from Spencer Street to Sommerville Street. These sidewalks are being extended to complete the sidewalk routes in this area. Staff has designed the street and sidewalks with retaining walls in order to minimize the impact to existing properties. Staff will make a brief presentation on the issue at the Council meeting. Council should provide staff direction on whether to complete the sidewalks on this block or not. ALTERNATIVES: 1. Adopt Resolution No. 4902. 2. Deny Resolution No. 4902. 3. Table for additional information. 4. Direct staff to remove the sidewalks on 6th Avenue, from Spencer Street to Sommerville Street. RECOMMENDATION: Staff recommends Alternative No. 1, to approve plans and specifications in order to proceed with this project as soon as possible so as to construct improvements during the summer months and have the streets restored this year. ACTION REQUESTED: Offer Resolution No. 4902, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 1998 Reconstruction Project No. 1998-1 and move its adoption. Bruce Loney Public Works Director BL/pmp MEM4902 April 29, 1998 To: Shakopee City Council We the residents of Sommerville Street, between Spencer Street and Sixth Avenue, are adamantly opposed to sidewalks on our block. abLuk 44- 5L/ A. /1\Thl q (1;tkaij-Q 30,A, \-\ X30 Lts,A, 1kJTE 4- f,,c Y-s AA_ tdeo- -) 0 RESOLUTION NO. 4902 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The 1998 Reconstruction Project No. 1998-1 WHEREAS,pursuant to Resolution No. 4854 adopted by City Council on March 2, 1998, Bruce Loney, Public Works Director has prepared plans and specifications for 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,water services, sidewalk and any appurtenant work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk /5 52 . CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 17th Avenue, from 1/4 Mile West of CSAH 17 to CSAH 17, Project No. 1998-4 DATE: May 5, 1998 INTRODUCTION: Attached is Resolution No. 4893, a resolution receiving a report and calling a hearing on an improvement to 17th Avenue, from 1/4 mile west of County State Aid Highway (CSAH) 17 to CSAH 17. BACKGROUND: On April 7, 1998, Resolution No. 4880 was adopted by the City Council which ordered the preparation of a feasibility report for an improvement to 17th Avenue, from 1/4 miles west of CSAH 17 to CSAH 17. The improvements to 17th Avenue have been initiated by development west of CSAH 17. The improvements included in the feasibility report include sanitary sewer, watermain, storm sewer, street, sidewalk, bituminous trail, street lighting and turn lanes on 17th Avenue for a 1/4 mile segment. Also, included in this project is the extension of sanitary sewer and watermain to 17th Avenue in order to serve property adjacent to 17th Avenue. Alternatives have been included in the feasibility report for the extension of sanitary sewer from the Chaska Interceptor or the City trunk sewer along CSAH 17. Watermain extensions are needed from the St. Francis Regional Medical site along CSAH 17 in order to provide two sources of water to development west of CSAH 17. The attached resolution sets the date for the public hearing for this project for May 19, 1998. The approval of Resolution No. 4893 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 in this project. Staff is recommending Alternative No. 2 for the sanitary sewer alignment, as this location provides service to the entire three main parcels being assessed for 17th Avenue. Staff has met with Shakopee Public Utilities Commission's (SPUC) staff and their recommendation is to install a watermain on the west side of CSAR 17 in order to serve the existing residential properties and to provide two sources of water to Weston Ponds. Staff has met with the three main property owners adjacent to 17th Avenue to discuss the feasibility report. Extension of sanitary sewer, watermain and collector street is necessary in order to develop Weston Ponds which has preliminary and final plat approval. The developer of Weston Ponds will be required to sign a petition and waiver of assessment hearing and provide a Letter of Credit Security for those assessments. St. Francis Regional Medical Center site has signed a watermain agreement with SPUC and is obligated to pay for the additional watermain to be installed on their site. The feasibility report estimates the project cost and assessments as well as City oversizing costs for street and watermain. A right turn lane on CSAH 17 is being required by Scott County with this street extension and the cost of the turn lane is being assessed to the benefiting property owners. The estimated project cost using the most expensive alternative for sanitary sewer is $765,000.00. The City is responsible for street oversizing, 8 foot bituminous trail and the turn lane in the residential development. The recent City policy is to assess turn lanes, concrete medians and traffic signals to commercial, industrial or institutional properties. SPUC will have watermain oversizing associated with the project which is estimated to be a total of$28,160.50. ALTERNATIVES: 1. Adopt Resolution No. 4893. This action will receive the feasibility report and set the date for the public hearing for May 19, 1998. 2. Deny Resolution No. 4893. This action will halt the project until such time as City Council reconsiders the resolution. 3. Table Resolution No. 4893, 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. 4893, 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. 4893, A Resolution Receiving a Report and Calling a Hearing for an Improvement to 17th Avenue, from 1/4 Mile West of County State Aid Highway 17 to County State Aid Highway 17, Project No. 1998-4 its adoption. Bruce Loney Public Works irector BL/pmp MEM4893 RESOLUTION NO. 4893 A Resolution Receiving A Report And Calling A Hearing On An Improvement To 17th Avenue, From 1/4 Mile West Of County State Aid Highway 17 To County State Aid Highway 17 Project No. 1998-4 WHEREAS,pursuant to Resolution No. 4880 of the City Council adopted April 7, 1998, a report has been prepared by the City Engineer,with reference to the improvement of 17th Avenue, from 1/4 mile west of County State Aid Highway 17 to County State Aid Highway 17 by installation of sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting,turn lanes and any appurtenant work and this report was received by the Council on May 5, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of 17th Avenue, from 1/4 mile west of County State Aid Highway 17 to County State Aid Highway 17 by installation of sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting, turn lanes and any appurtenant work in accordance with the report and the assessment of abutting and benefited property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$765,050.00. 2. A public hearing shall be held on such proposed improvements on the 19th day of May, 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 1998-4 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 1 I ' FEASIBILITY REPORT ' 17TH AVENUE UTILITY AND STREET IMPROVEMENTS FROM CSAH # 17 TO 1/4 MILE WEST OF CSAH # 17 IMPROVEMENT PROJECT NO. 1998-4 SHAKOPEE, MINNESOTA APRIL, 1998 1 Bolton & Menk,Inc. Consulting Engineers and Land Surveyors 1515 East Highway 13 ' Burnsville,Minnesota 55337-6857 612-890-0509 BMI Project No. TC98.0054 I BOLTON & ' Consulting Engineers & Surveyors 1515 East Highway 13 • Burnsville, MN 55337-6857 Phone (612) 890-0509 • FAX(612) 890-8065 ' April20, 1998 Mr. Bruce Loney,P.E. Shakopee Public Works Director 129 Holmes Street South Shakopee,MN 55379 RE: Feasibility Report ' 17th Avenue Utility and Street Improvements From CSAH# 17 to 1/4 Mile West of CSAH# 17 Improvement Project No. 1998-4 ' Shakopee,Minnesota BMI Project No. TC98.0054 tDear Mr. Loney: Transmitted herewith is a Feasibility Report covering the proposed sanitary sewer,watermain,storm sewer, street,sidewalk,bituminous path and street lighting improvements along 17th Avenue, from CSAH # 17 to 1/4 mile west of CSAH # 17, to serve the proposed Weston Ponds Residential ' Development on the south side and a future commercial development on the north side. The total estimated cost of the project ranges from $716,150 to $765,050 depending on the sanitary sewer routing alternative selected. ' If you have further questions,need additional information or wish to discuss this project in greater detail,please contact me. Thank you for permitting Bolton&Menk,Inc. (BMI)to serve you on this ' project. Sincerely yours, ' BOLTON&MENK, INC. ' James E. Johnson, P.E. Project Engineer ' Attachment MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN AMES, IA LIBERTY, MO An Equal Opportunity Employer CERTIFICATION SHEET I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. • Jame . Johnson,ifE. Date: Apri120, 1998 Reg.No. 12651 1 1 r I ' TABLE OF CONTENTS PAGE TITLE SHEET ' LETTER OF TRANSMITTAL CERTIFICATION SHEET TABLE OF CONTENTS INTRODUCTION 1 ' BACKGROUND 1 EXISTING CONDITIONS 1 SANITARY SEWER 1 WATERMAIN 2 STORM SEWER 2 STREETS, SIDEWALKS AND PATHS 2 ' PROPOSED IMPROVEMENTS 3 SANITARY SEWER 3 WATERMAIN 5 ' STORM SEWER 5 STREETS, SIDEWALKS AND PATHS 6 STREET LIGHTING 6 ' ESTIMATED COSTS 7 RIGHT-OF-WAY/EASEMENTS/PERMITS 13 PROJECT SCHEDULE 14 ' FEASIBILITY AND RECOMMENDATION 14 FIGURES 1.Project Location 2.- 5 Sanitary Sewer ' 2.Alternate# 1 Routing 3.Alternate#2 Routing 4. Alternate#3 Routing 5. Alternate#4 Routing 6. Watermain 7. Storm Sewer 8. Streets, Sidewalks and Paths 9. Property Owners and Identification Numbers ' 17TH AVENUE UTILITY AND STREET IMPROVEMENTS FROM CSAH# 17 TO 1/4 MILE WEST OF CSAH# 17 IMPROVEMENT PROJECT NO. 1998-4 SHAKOPEE,MINNESOTA INTRODUCTION The Shakopee City Council recently approved a preliminary plat of Weston Ponds, a multi- family residential development which is to be located west of CSAH# 17(Marschall Road) and to the south of future 17th Avenue. In order to provide public utilities and access to this development, as well as to a proposed commercial development on the north side of 17th Avenue,utilities need to be constructed along or across 17th Avenue and 17th Avenue needs to be constructed west from CSAH# 17 a distance of approximately 1/4 mile. The project location is shown on Figure 1. ' II. BACKGROUND At their April 7th, 1998 meeting,the Shakopee City Council approved Resolution No. 4880 which authorized the preparation of this feasibility report to investigate the ability and cost ' of extending public utilities and streets along 17th Avenue,west of CSAR# 17,to serve the Weston Ponds Development. City staff has sent blank petition forms to the adjacent property owners along 17th Avenue requesting them to petition for the improvements and to show their support for this project. This feasibility report will provide cost estimates of various alternative to serve this area with ' sanitary sewer, watermain, storm sewer and street improvements as well as to provide concrete sidewalk, bituminous trail, street lighting and turn lane improvements along 17th Avenue and required turn lane improvements along CSAH# 17. ' III. EXISTING CONDITIONS A. Sanitary Sewer The Chaska Interceptor, which ultimately serves this entire geographical area, is located approximately 1/4 mile north of 17th Avenue and parallels the south side of the T.H. # 169 Bypass alignment between County Road No. 79 (Townline Avenue) and County State Aid Highway(CSAH)# 17 as shown on Figures 2 through 5. This regional trunk sewer line was constructed in 1995 by the Metropolitan Waste Control Commission and consists of 42" and 48" reinforced concrete pipe which conveys the effluent easterly-northeasterly to the Blue Lake Wastewater Treatment Plant. ' - 1 - In late 1995, the City of Shakopee extended the St. Francis Hospital sanitary sewer ' southward from the Chaska Interceptor along the east side of CSAH# 17(Marschall Road)- crossing 17th Avenue and terminating about 1/4 mile further south near St. Francis Avenue as shown on Figures 2 through 5. That line is a 10" polyvinyl chloride(PVC)pipe and has sufficient size and depth to serve the Weston Ponds development and adjacent properties. ' B. Watermain The only watermain in the area consists of a 12" trunk line around the north and west perimeter of the St.Francis Regional Medical Center(SFRMC)building along the east side of CSAH # 17 to the south of 17th Avenue as shown on Figure 6. This 12" line currently terminates near the east right-of-way line of CSAH# 17 approximately 260'north of the St. ' Francis Avenue centerline. C. Storm Sewer ' Currently,nopublic storm sewer system exists to the west of CSAH# 17 (Marschall Road) Y in the proximity of 17th Avenue. However, an oversized stormwater detention pond was constructed in the southeast quadrant of the CSAH# 17 and 17th Avenue intersection on the St. Francis Regional Medical Center property in 1995. An outlet pipe conveys the drainage ' northward from this pond, along the east side of CSAH# 17, to MnDOT Linear Pond# 5 which is located east of CSAH # 17 to the south of the T.H. # 169 Bypass as shown on Figure 7. D. Streets County State Aid Highway(CSAH)No. 17 (Marschall Road),to the south of the T.H. # 169 Bypass, exists as a 48' wide bituminous roadway (consisting of a 12' travel lane in each direction with a 12'paved shoulder along each side)within a 100'right-of-way. CSAH# 17 ' is functionally classified as an"A"Minor Arterial roadway in the Shakopee Transportation Plan with a projected average daily traffic volume of 8000 vehicles per day to the south of ' the T.H. # 169 Bypass in year 2020. The existing roadway is built to a 10-ton design standard consisting of 6" of bituminous pavement with 15" of aggregate base in the travel lanes and 4" of bituminous pavement with 17" of aggregate base in the shoulders. The ' existing roadway is shown on Figure 8. 17th Avenue,to the east of CSAH# 17,was constructed in 1995 to a 9-ton design standard within a 100' right-of-way. Immediately east of CSAH # 17, 17th Avenue has a paved surface width of 74' (consisting of 2 travel lanes in each direction, a westbound to southbound auxiliary left turn lane and a 6'wide raised concrete median)which narrows to ' a 68" pavement width(consisting of 2 travel lanes in each direction and a 12'wide painted median strip). 17th Avenue,to the east of CSAH# 17, is functionally classified as an"A" - 2 - Minor Arterial Street with a projected year 2020 average dailytraffic volume of 17 000 , vehicles per day. ' An 8' wide bituminouspath exists5' along the north boulevard area and a wide concrete sidewalk exists along the south boulevard area of 17th Avenue east of CSA}{# 17 as shown on Figure 8. ' IV. PROPOSED IMPROVEMENTS A. Sanitary Sewer The property along and both sides of the extension of 17th Avenue between CSAH# 17 and County Road#79 sits on a plateau 30'above the ground elevation of the Chaska Interceptor ' to the north and about 15'above a ravine located approximately 2000' south of 17th Avenue. The City of Shakopee Ultimate Trunk Sanitary Sewer System proposes an 18" trunk line to come south from the Chaska Interceptor along and parallel to County Road # 79 for a ' distance of about V2 mile before turning to the east-southeast to serve areas along the southerly ravine as well as higher areas to the south and east. Therefore, it is desirable to consider alternatives for serving the geographical area south of the T.H. # 169 Bypass or the Chaska Interceptor, between CSAH# 17 and County Road ' #79 south to the ridgeline or bluff line of the ravine to the south,with sanitary sewer service. Four(4) alternative sanitary sewer routings will be evaluated in the following paragraphs for their ability, flexibility and cost effectiveness in providing service to the Weston Ponds ' Development as well as to the other adjacent and adjoining properties identified as being within the"Desired Service Area"on Figures 2 through 5. ' 1. Alternate# 1 Routing The first sanitary sewer alignment alternative to be evaluated,as shown on Figure 2, constructs a new manhole over the St. Francis Hospital sanitary sewer line, ' along the east side of CSAH# 17 to the north or south of 17th Avenue pavement. That manhole would be about 26'deep and would require a jack-boring of CSAH # 17 to extend an 8" lateral line westerly along the proposed centerline of 17th Avenue a distance of about 750'to the proposed intersection of 17th Avenue and Weston Lane. At that intersection, the 8" lateral lines would be extended northerly and southerly along the centerline of Weston Lane to the 17th Avenue right-of-way limits. ' As shown in Figure 2,the extension of 8" lateral lines from the CSAH# 17-17th Avenue intersection is not able to provide gravity service to the entire"Desired Service Area" - particularly along the T.H. # 169 Bypass - Chaska Interceptor corridor to the north and along County Road#79 to the west. Additional lateral - 3 - line extensions off the Chaska Interceptor or the St.Francis Hospital sanitaryline ep p would be needed to service these lower elevation areas. ' 2. Alternate# 2 Routing ' Like Alternate# 1, Alternate#2 ties into the St. Francis Hospital sanitary line along the east side of CSAH# 17,but at a manhole further north near the T.H. # 169 Bypass or Chaska Interceptor where the invert elevation is lower. Again, ' a jack-boring beneath CSAH# 17 would be required to extend an 8" lateral line westerly onto the commercially zoned property as shown in Figure 3. At some mutually agreeable distance west of CSAH # 17, the 8" lateral line would be ' turned southerly, and extended to the north right-of-way line of 17th Avenue, in line with Weston Lane. ' This particular alternative has sufficient depth to provide lateral gravity service to the entire "Desire Service Area" as shown in Figure 3. ' 3. Alternate# 3 Routing Manhole # 5773, located along the Chaska Interceptor about 1/4 mile east of ' County Road#79,has been designated as a connection point for local collection systems to tie into this trunk line. Alternate# 3, as shown in Figure 4,ties into manhole # 5773 and extends an 8" lateral line southerly and easterly through ' sizeable tracts of undeveloped property,on an alignment which would have to be mutually agreeable, before crossing the commercial property to the north of Weston Ponds, and terminating at the north right-of-way line of 17th Avenue in line with the Weston Lane centerline. Like Alternate#2, Alternate# 3 has sufficient depth to provide lateral gravity ' service to the entire"Desired Service Area,"as shown in Figure 4, and it requires no jack-boring of a County or State Highway. However, it does cross undeveloped parcels of land, which it has the ability to eventually serve, but ' utility easement locations and assessment issues must first be resolved. ' 4. Alternate#4 Routing The Alternate # 4 Routing, as shown in Figure 5, is similar to Alternate # 3 except that it ties into Chaska Interceptor Manhole# 5702,which is located 1/4 ' mile west of CSAH# 17 or along the northerly extension of the west plat line of Weston Ponds and the commercial property to the north of 17th Avenue, of the Chaska Interceptor. Although not currently designated as a connection point for ' local collection systems, staff at the Metropolitan Council-Environmental Services (MCES) department (formerly known as the Metropolitan Waste Control Commission) have indicated that they will consider such a connection if warranted. 1 _ 4 _ The proposed alignment of Alternate#4 would bring an 8" lateral line due south ' from manhole # 5702 along the west property line of commercial property, located north of 17th Avenue, to the centerline of 17th Avenue as shown in Figure 5. The 8" lateral would then be extended easterly along the 17th Avenue ' centerline a distance of approximately 600'to the intersection of Weston Lane at which point 8" lateral stub-outs would be extended to the north and south to the 17th Avenue right-of-way limits. ' Alternate#4, like Alternates#2 and# 3,has sufficient depth to provide lateral gravity service to the entire"Desired Service Area," as shown in Figure 5, and ' it also requires no jack-boring of State or County Roads. The extension along property lines provides maximum flexibility in serving adjacent properties without compromising the layouts of buildings and streets on those properties. ' B. Watermain ' The proposed watermain improvements, as shown in Figure 6, will consist of: ' 1. The jack-boring of an encasement pipe and the extension of the 12" trunk watermain across the CSAH # 17 right-of-way about 260' north of St. Francis Avenue; 2. A 12"trunk watermain extension along the west right-of-way line of CSAH# 17 from 260'north of St. Francis Avenue to the north boulevard of 17th Avenue; 3. The tie-in of the 12" watermain between the northwest corner of the 12" watermain loop around the St. Francis Regional Memorial Center building and ' the proposed 12" main along the west right-of-way of CSAH# 17 including the jack-boring of an encasement pipe beneath CSAH# 17 about 400' south of 17th Avenue; 4. The westerly extension of the trunk 12" watermain in the north boulevard area ' of 17th Avenue from CSAH# 17 to 1/4 mile west(the west plat line of Weston Ponds and the commercial property to the north); and 5. The extension of two (2) eight inch (8") lateral lines across proposed 17th Avenue (one at Weston Lane and the other between CSAH # 17 and Weston Lane)to provide looping for the Weston Ponds Development. ' C. Storm Sewer ' The proposed 17th Avenue storm sewer system, as shown in Figure 7, consists of catch basins and catch basin-manholes capturing and conveying the stormwater runoff from west ' - 5 - to east in 12", 15" and 18" pipes before discharging into a detention ion pond located in the ' southwest quadrant of CSAH # 17 - 17th Avenue intersection on the Weston Ponds Development. A 12" discharge pipe will be jack-bored beneath CSAH# 17, immediately south of 17th Avenue,to convey the overflow from the Weston Ponds detention pond to the t existing St. Francis Regional Medical Clinic pond from which it is discharged northerly to MnDOT Linear Pond# 5 along T.H. # 169. D. Streets. Sidewalks and Paths 17th Avenue is proposed to be extended westerly from CSAH# 17 a distance of about 1/4 mile as a 4-lane divided highway as shown in Figure 8. The proposed street width of 74' on a 100'right-of-way will replicate the design of 17th Avenue to the east of CSAH# 17 and will provide 2 travel lanes in each direction and a 16' raised concrete median which will facilitate auxiliary left turn lanes at CSAH# 17 and at Weston Lane. Based on the year 2020 average daily traffic volumes of 11,000 vehicles per day on this portion of 17th Avenue and assuming an R-value of 70 for the coarse alluvium subgrade soils shown in the Weston Pond 1 soil borings, a 9-ton road design requires 4" of bituminous pavement and an 8" aggregate base. Scott County has stated that a southbound to westbound right-turn lane will be required along CSAH# 17 in conjunction with the westerly extension of 17th Avenue. But based on ' the existing width and pavement design of CSAH# 17 as discussed previously,the provision of a southbound right-turn lane should require only a change in the pavement markings and additional signing. As with 17th Avenue to the east of CSAH# 17,the extension of 17th Avenue to the west of CSAH # 17 will also include the construction of an 8' wide bituminous path in the north ' boulevard area and a 5'wide concrete sidewalk in the south boulevard area-both 1' inside the right-of-way line. ' E. Street Lighting ' In conformance with City of Shakopee location and spacing guidelines for street lighting, five(5)new street lights are proposed along 17th Avenue as shown on Figure 8. Three(3) lights are proposed along the north curb line of 17th Avenue at: ' 1) the CSAH# 17 intersection; 2) the Weston Lane intersection; and 3) the west plat line with the other two (2) lights located at intermediate points along the south curb line. ' - 6 - I I IV. ESTIMATED COSTS AND ASSESSMENT RATES I The estimated costs and proposed assessment rates have been computed without the benefit of a detailed survey. Final costs and assessments will be determined by actual construction bidding of the proposed work. Estimated construction costs presented below include a 10% Icontingency factor. Overhead costs include legal, engineering, administrative and fiscal costs and are estimated at 25%. A summary of these costs and assessments are as follows: IA. Sanitary Sewer Estimated Construction Cost Alt. # 1 Alt. #2 Alt. #3 Alt. #4 Routing Routing Routing Routing Estimated Construction Cost $38,120.00 $47,525.00 $73,670.00 $51,000.00 + 10% Const. Contingency $3,800.00 $4,755.00 $7,370.00 $5,100.00 ITotal Est. Construction Cost $41,920.00 $52,280.00 $81,040.00 $56,100.00 +25% Overhead $10,480.00 $13,070.00 $20,260.00 $14, 025.00 ITotal Est. Project Cost $52,400.00 $65,350.00 $101,300.00 $70,125.00 I Estimated Assessment Rates Alt. # 1 Alt. #2 Alt. # 3 Alt. #4 IRouting Routing Routing Routing Total Cost to be Assessed $52,400.00 $65,350.00 $101,300.00 $70,125.00 INo. of Benefitting Units 1360 F.F. 3020 F.F. 2596 F.F. 2766 F.F. IEst. Assessment Rate $38.53/F.F. $21.64/F.F. $39.02/F.F. $25.35/F.F. No. of Units Assessed 1360 F.F. 3020 F.F. 2596 F.F. 2766.F.F. Amount Assessed $52,400.00 $65,350.00 $101,300.00 $70,125.00 I I I I - 7 - I I B. Watermain IEstimated Construction Costs IAlong CSAH# 17 Hospital Looping Trunk Lateral 1" Service Trunk Lateral Oversizing Line Oversizing IEstimated Construction Cost $10,570.00 $59,085.00 $2,100.00 $6,800.00 $18,345.00 + 10% Const. Contingency $1,055.00 $5,915.00 $200.00 $680.00 $1,835.00 ITotal Est. Construction Cost $11,625.00 $65,000.00 $2,300.00 $7,480.00 $20,180.00 +25% Overhead $2,900.00 $16,250.00 $575.00 $1,870.00 $5,045.00 ITotal Est. Project Cost $14,525.00 $81,250.00 $2,875.00 $9,350.00 $25,225.00 I17th Ave-Weston to 17th Ave-CSAH 17 W. Plat Line Total I to Weston Ln. Trunk Oversizing Lateral Estimated Construction Cost $29,310.00 $6,650.00 $17,240.00 $150,100.00 I + 10% Const. Contingency $2,930.00 $670.00 $1,720.00 $15,005.00 Total Est. Construction Cost $32,240.00 $7,320.00 $18,960.00 $165,105.00 I +25% Overhead $8,060.00 $1,830.00 $4,740.00 $41,270.00 Total Est. Project Cost $40,300.00 $9,150.00 $23,700.00 $206,375.00 I Estimated Assessment Rates 111 Along CSAH# 17 Hospital Looping I Trunk Trunk Oversizing Lateral 1" Service Oversizing Lateral Total Cost to be Assessed $14,525.00 $81,250.00 $2,875.00 $9,350.00 $25,225.00 INo. of Benefitting Units 2060 F.F. 2060 F.F. 6 Units 1030 F.F. 1030 F.F. Est. Assessment Rate $7.05/F.F. 39.44/F.F. $479.17/unit $9.08/F.F. $24.49.F.F. INo. of Units Assessed 690 2060 6 Units 0 1030 F.F. Amount Assessed $4,864.50 $81,250.00 $2,875.00 $0.00 $25,225.00 I I - 8 - I 1 17th Ave- Weston Lane to W. Plat Line 17th AveCSAH# 17 to IWeston Lane Trunk Oversizing Lateral Total Cost to be Assessed $40,300.00 $9,150.00 $23,700.00 INo. of Benefitting Units 3 Units 573 F.F. 573 F.F. Est. Assessment Rate $13,433.33/unit $15.97/F.F. $41.36/F.F. INo. of Units Assessed 3 Units 0 573 F.F. Amount Assessed $40,300.00 $0.00 $23,700.00 C. Storm Sewer IEstimated Construction Costs 17th Avenue I Estimated Construction Cost $58,300.00 I + 10% Const. Contingency $5,830.00 Total Est. Construction Cost $64,130.00 I +25% Overhead $16,020.00 Total Est. Project Cost $80,150.00 Estimated Assessment Rate I17th Avenue Estimated Cost to be Assessed $80.150.00 INo. of Benefitting Units 2508 F.F. Est. Assessment Rate $31.96/F.F. INo. of Units Assessed 2508 Amount Assessed $80,150.00 I I I - 9 - I D. Streets and Restoration I Estimated Construction Costs Local Streets Arterial Extra Median-Lt CSAH#17 Rt. I (36') Width(36'-52') Turn Lanes Turn Lane Total Estimated Construction Cost $120,925.00 $25,985.00 $96,020.00 $320.00 $243,250.00 II + 10%Const.Contingency $12,095.00 $2,595.00 $9,600.00 $40.00 $24,330.00 Total Est.Construction Cost $133,020.00 $28,580.00 $105,620.00 $360.00 $267,580.00 I +25%Overhead $33,255.00 $7,145.00 $26,405.00 $90.00 $66,895.00 Total Est.Project Cost $166,275.00 35,725 $132,025.00 $450.00 $334,475.00 I Estimated Assessment Rate I Local Street Arterial Extra Median- Lt. CSAH# 17 (36') Width(36'-52') Turn Lane Rt. Turn Lane ITotal Cost to be Assessed $166,275.00 $35,725.00 $132,025.00 $450.00 No. of Benefitting Units 2508 F.F. 2508 F.F. 29.94 Acres 2508 F.F. IEst. Assessment Rate $66.30/F.F. $14.24/F.F. $4409.65/Acre $0.18/F.F. No. of Units Assessed 2508 F.F. 0 29.94 Acres 2508 F.F. I ,Amount Assessed $166,275.00 $0.00 $132,025.00 $450.00 I E. Bituminous Path, Concrete Sidewalk and Street Lighting Estimated Construction Cost I 8' Bituminous Path 5' Concrete Sidewalk Street Lighting IEstimated Construction Cost $6,600.00 $13,500.00 $11,000.00 + 10% Const. Contingency $660.00 $1,350.00 $1,100.00 ITotal Est. Construction Cost $7,260.00 $14,850.00 $12,100.00 +25% Overhead $1,815.00 $3,700.00 $3,025.00 ITotal Est. Project Cost $9,075.00 $18,550.00 $15,125.00 I I - 10 - Estimated Assessment Rates 8'Bituminous Path 5' Concrete Sidewalk Street Lighting Total Cost to be Assessed $9,075.00 $18,550.00 $15,125.00 No. of Benefitting Units 1254 F.F. 1254 F. F. 2508 F. F. Est. Assessment Rate $7.24/F.F. $14.79/F.F. $6.03/F.F. No. of Units Assessed 0 1254 F.F. 2508 F.F. Amount Assessed $0.00 $18,550.00 $15,125.00 ' - 1 1 - I I F. Summary of Costs and Revenues I Costs Revenues I1. Sanitary Sewer a)Alternate# 1 Routing $52,400.00 $52,400.00 I b)Alternate#2 Routing $65,350.00 $65,350.00 c)Alternate#3 Routing $101,300.00 $101,300.00 d)Alternate#4 Routing $70,125.00 $70,125.00 2. Watermain a)Along CSAH# 17 I 1) Trunk Oversizing $14,525.00 $81,250.00 $4,864.50 (1) 2) Lateral $81,250.00 3) 1: Service Stubs $2,875.00 $2,875.00 I b) Hospital Looping 1) Trunk Oversizing $9,350.00 0 (2) 2) Lateral $25,225.00 $25,225.00 I c) 17th Avenue - CSAH# 17 to Weston Lane 1) Trunk and Lateral $40,300.00 $40,300.00 d) 17th Avenue - Weston Lane to W. Plat Line I 1) Trunk Oversizing $9,150 0 (3) 2) Lateral $23,700.00 $23,700.00 I3. Storm Sewer- 17th Avenue $80,150.00 $80,150.00 4. Streets, Path, Sidewalk and Lighting I a) Local Street(36') S 166,275.00 $166,275.00 b) Arterial Extra Width(36'-52') $35,725.00 0 (4) c) Median- Lt. Turn Lanes S132,025.00 $132,025.00 I d) CSAH# 17 Rt. Turn Lane $450.00 $450.00 e) 8' Bituminous Path $9,075.00 0 (5) f) 5' Concrete Sidewalk $18,550.00 $18,550.00 111 g) Street Lighting $15,125.00 $15,125.00 TOTAL $716,150.00 to $643,149.50 to I $765,050.00 $692,089.50 (1) Balance of$9,660.50 to be financed by Shakopee)?ublic Utility Commission Funds I (2) Balance of$9,350.50 to be financed by Shakopee Public Utility Commission Funds (3) Balance of$9,150.50 to be financed by Shakopee Public Utility Commission Funds (4) Balance of$35,725.00 to be financed by Shakopee Municipal State Aid Street(MSAS) Funds (5) Balance of$9,075.00 to be financed by Shakopee Municipal State Aid Street(MSAS)Funds I - 12 - NOTE: Total to be financed by Shakopee Public Utility Commission Funds = $28,160.50 NOTE: Total to be financed by City of Shakopee Municipal State Aid Street(MSAS)Funds = $44,800.00 ' W. RIGHT-OF-WAY/EASEMENTS/PERMITS The 100'right-of way for 17th Avenue from CSAH# 17 to 1/4 mile west is expected to be dedicated by the adjacent landowners/developers in conjunction with the platting of those properties. Therefore,no additional right-of-way acquisition is anticipated in conduction with this project. ' Alternate sanitary sewer routings # 2, # 3, and # 4 would probably require the acquisition of permanent utility easements from their system connection point to 17th Avenue. A temporary construction easement for watermain is anticipated from the single family residences along the west ' side of CSAH# 17 between St. Francis Avenue and 17th Avenue. The proposed sanitary sewer construction will require a permit from the Minnesota Pollution Control Agency(MPCA)and from the Metropolitan Council-Environmental Services(MCES)department. The proposed watermain extension will require a permit from the Minnesota Department of Health. Permits will be required from the Scott County Highway Department for the 17th Avenue access onto CSAH # 17 and for working within their right-of-way for the right turn lane signing and striping and for the sanitary sewer,watermain and storm sewer crossings of CSAH# 17. 1 1 ' - 13 - I VII. PROJECT SCHEDULE 1 Present Feasibility Report and Set Public Hearing Date May 5, 1998 ' Hold Public Hearing and Order Plans and Specifications June 2, 1998 0') p UApprove Plans and Specifications; Authorize Advertisement for Bids June 16, 1998 ' Open Bids July 17, 1998 Award Contract July 21, 1998 Commence Construction Aug 3, 1998 Construction Completion: w/o Bituminous Wearing Course October 31, 1998 w/Bituminous wearing Course June, 1999 Hold Assessment Hearing August, 1999 ' (') If a 100% petition for the improvements is received, the public hearing can be waived which ' would advance the remaining schedule by one(1) month from that shown. VIII. FEASIBILITY AND RECOMMENDATION From an engineering standpoint,the project is feasible, cost effective and necessary and can best be accomplished by letting competitive bids for the work. The City, its financial consultant and the ' persons assessed will have to determine the economic feasibility of the proposed improvements. 111 111 - 14 - �— - -- -- li la IMF EN I .Li � �di , . rf LIN NM gy I 1 i -i 11111 II Q■ VO 4LE AtE LAN I , ,1 , ,• N0. 77 � e � i � nwr_� � : I1TP i friNtlivrm�62SPi II A ' �'t� �© Frit m NIP *dm NIS ' • IMILV Stour** • so Fun roil, 6 1 \ TOWNUNE AVENUE 11� ii ', ♦ Ir� a re'' $ Si RI MIKAN- I11,416 ti n iRI COU ROAD NO. 79 IIL F�'It l'hi'l 1 [ _.:1' _7. I I I 1 I 1 .Wilfr\_________ I--. COU 1miIt IOW r.ik,A Pi 411_-ILL , I g ,„Iiiip.11011 VEW vra ,, z . 5�0160opstr# 4q ' aka' ik ii. 6. , ohs :01"44.41 2 Ili j1 1 h �Et 4,, _. 61, olp 41, 40. ., . /SA GE 4j�'�r4jl i�,�,? E] N> o �; ij��j'V ♦�Ee - VW° i . 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II 1A„,:.2.,,,,,-s..,:‘,,,,, � a rt\yI , 1 W g icK 0 f :... ll (n ¢ F- ,--, O rn- "Illi tit , Y-- ,,, __,...„, ___, ) \ .. , ...\\, -1\ C.S.A.H. 17.4. '" ---'\) J lJ 11t1f11-011t\ ,os7 ismo 11, ,0s5 s • CO -7 .1t, 1 I 1'1 X ' CO 1 49 Ce 1 TOWNUNE AVENUE -- I I I. z td z y COUNTY ROAD NO. 79 m x R.D z 5 V D O 1 Z a 1• D -r j1 II D • m j ` 4010,20. Z i► • 111•m II t1 : MOm :i D „, pi . ,K, R. . . , co, Q m J 1 m N O On Z '° m 1 b O m O O Oil m o a ? 1T. o < O I D O ? Z O p Z 0 J O I 2 N�p ^ R o 2 0 pw N ' 0 T D D O' Z S OO O X 0/ m -- o 3 P 1 1 Z Z u o o m v c N 0 rn * N-i Z rn -o- 0 0 O 2 rn ov D o r zzAg C.S.A.H. 17 O ; I I17TH AVENUE UTILITY AND STREET IMPROVEMENTS IPRELIMINARY ASSESSMENT ROLL I. St. Francis Regional Medical Center(1030') IPIN=27-194-001-0 IA. Watermain 1. Along CSAH# 17 I a) Trunk Oversizing- 690 FF (345 LF) @ $7.05/FF =$ 4864.50 b) Lateral (10") - 1030 FF @ $39.44/FF =$40,625.00 c) 1" Service Stub = -0- I 2. Hospital Looping a) Trunk Oversizing = -0- Ib) Lateral(8") - 1030 FF @ $24.49/FF =$25.225.00 TOTAL EST. ASSESSMENT =$70,714.50 I II. Anthony& Shawntane Kervina- 27-918-003-0 (100') IIII. Lance &Janet Nemanic -27-918-004-0(100') IIV. Donald& Gail Hall - 27-918-005-0(100') A. Watermain-Along CSAH# 17 I1. Trunk Oversizing = -0- 2. Lateral (10") - 100 FF @ $39.44/FF = $ 3,944.00 I3. 1" Service Stub - 1 EA @$479.17/EA = $ 479.17 TOTAL EST. ASSESSMENT PER IEACH 100'LOT =$ 4,423.17 IV. Jeffrey&Karen Cook - 27-918-002-0(120') A. Watermain-Along CSAH# 17 I1. Trunk Oversizing = -0- 2. Lateral (10") - 120 FF @ $39.44/FF =$ 4,732.80 I 3. 1" Service Stub - 1 EA @$479.17/EA =$ 479.17 TOTAL EST. ASSESSMENT =$ 5,211.97 I IVI. Robert & Loyola Marshall - 27-918-012-0 ' (170) IA. Watermain-Along CSAH# 17 I1. Trunk Oversizing = -0- 2. Lateral (10") - 170 FF @$39.44/FF =$ 5,704.80 3. 1" Service Stub - 1 EA @ $479.17/EA =$ 479.17 ITOTAL EST. ASSESSMENT =$ 7,183.97 IVII. Betaseed. Inc. 27-918-011-4 (252') A. Watermain-Along CSAH# 17 I1. Trunk Oversizing = -0- 2. Lateral (10") - 252 FF @ $39.44/FF =$ 9,938.88 I3. 1" Service Stub - 1 EA @ $479.17/EA =$ 479.17 TOTAL EST. ASSESSMENT =$10,418.05 I VIII. Weston Ponds Development IA. Sanitary Sewer I 1. Alt. # 1 Routing- 680 FF @$38.53/FF =$26,200.00 2. Alt. #2 Routing- 0 FF = -0- 3. Alt. #3 Routing- 0 FF = -0- I4. Alt. #4 Routing- 573 FF @ $25.35/FF =$14,525.55 B. Watermain I1. Along CSAH# 17 a) Trunk Oversizing = -0- Ib) Lateral (10") - 188 FF @$39.44/FF =$ 7,414.72 c) 1" Service Stub = -0- I2. 17th Avenue- CSAH# 17 to Weston Lane Trunk and Lateral (12") - 1 unit @ $13,433.33/unit =$13,433.33 I3. 17th Avenue- Weston Lane to W. Plat Line a) Trunk Oversizing = -0- ' b) Lateral (8") = -0- WATERMAIN SUBTOTAL =$ 20,848.05 C. Storm Sewer ' - 1254 FF @ $31.96/FF =—$40,077.84 ' D. Streets and Restoration 1. Local Street- 1254 FF @$66.30/FF =$83,150.20 ' 2. Arterial Ex Width = 3. Median-Lt. Turn Lane -0_ 4. CSAH# 17 Rt. Turn Lane- 1254 FF @$0.18/FF =$ 225.72 2 STREET SUBTOTAL =$83,365.92 ' E. Bituminous Path, Sidewalk& Street Lighting ' 1. 8'Bituminous Path = -0- 2. 5' Concrete Sidewalk- 1254 FF -. @ $14.79/FF $18,546.66 3. Street Lighting- 1254 FF @$6.03/FF =$ 7,561.62 PATH, SIDEWALK& LIGHTING SUBTOTAL =$26,108.28 ' TOTAL EST. WESTON PONDS ASSESSMENTS 1. w/Alt. # 1 San. Routing - $196,600.49 w/Alt. #2 San. Routing - $170,400.09 3. w/Alt. #3 San. Routing - $170,400.09 4. w/Alt. #4 San. Routing - $184,925.64 ' IX. Eldon&Lila Greenwood - 27-918-001-0(592') ' A. Sanitary Sewer 1. Alt. # 1 Routing - 592 FF @$38.53/FF =$22,809.76 2. Alt. #2 Routing- 620 FF @$21.64/FF =$13,416.80 3. Alt. #3 Routing- 620 FF @$39.02/FF =$24,192.40 ' 4. Alt. #4 Routing- -0- B. Watermain- 17th Avenue-CSAR#17 to Weston Lane(12") ' 592 -2 units @ $13,433.33/unit x 680 =$23,389.80 ' C. Storm Sewer 592 FF @ $31.96/FF =$18,920.32 1 IV. Gree nwood (cont D. Streets and Restoration 1. Local St: 592 FF @$66.30/FF 2. Arterial Extra Width =$39,249.60 3. Median-Lt. Turn Lane: 8.73 acres = _0_ 4. CSAR# 17 Rt. Turn Lane: 592 F @$ 09.65/Ac =$38,496.27 @$0.18/FF 106.56 STREET SUBTOTAL L-123,15134 E. Bituminous Path, Sidewalk& Street Lighting 1. 8'Bituminous Path _ 2. 5' Concrete Sidewalk -0' 3. Street Lighting: 592 FF @ $6.03/FF _0_ =$ 3,569.76 TOTAL EST. GREENWOOD ASSESSMENT 1. w/Alt. # 1 San. Routing - $146 2. w/Alt. #2 San. Routing $137,1,149.02 41.02_ 3. w/Alt. #3 San. Routing $147,924.62 4. w/Alt. #4 San. Routing - $123,732.22 X. Calvin Chadwick -27-918-001-1 and 27-907-012-0 (662') A. Sanitary Sewer 1. Alt. # 1 Routing_ 88 FF @ $38.53/FF 2. Alt. #2 Routing-2400 FF =$ 3,390.646 ' 3. Alt. #3 Routing- 1976 FF @$21'64/FF =$51,936.00 4. Alt. #4 Routing- 1713 FF @ $39.02/FF =$77,103.52 @$25.35/FF =$43,424.55 B. Watermain 1. 17th Avenue-CSAR#17 to Weston Lane (12") 88 2 units @ $13,433.33/unit x 680 =$ 3,476.86 2. 17th Avenue- Weston Lane to W. Plat Line a) Trunk Oversizing b) Lateral (8"): 573 FF @$41.36/FF _0 = 23 699.28 WATERMAIN SUBTOTAL= 27_6 14 C. Storm Sewer ' 662 FF @$31.96/FF _$21,157.52 ' D. Streets and Restoration 1. Local St: 662 FF @$66.30/FF ' 2. Arterial Extra Width _ $43,890.60 3. Median-Lt. Turn Lane: 21.21 acres -0 @ 4. CSAR# 17 Rt. Turn Lane: 662 FF $4409.65/Ac =$93,528.73 ' @ $0 18/FF S. 8'Bit Pat& 5' Conc. Sidewalk — $ 119.16 6. St. Lighting: 662 FF -0- @$6.03/FF = 3 991.86 ' STREET SUBTOTAL =$141 530 35 TOTAL EST. CHADWICK ASSESSMENT 1. w/Alt. # 1 San. Routing - $193,254.65 ' 2. w/Alt. #2 San. Routing - $241,800.01 3. w/Alt. #3 San. Routing $266,967.53 4. w/Alt. #4 San. Routing - $233,288.56 ' XI. Parcel to West of Weston Ponds & Chadwick rown 27-918-014-0 ' A. Sanitary Sewer 1. Alt. # 1 Routing ' 2. Alt. #2 Routing _ -0- 3. Alt. #3 Routing _ -0- 4. Alt. #4 Routing: 480 FF -0- t @$25.35/FF =$ 12,168.00 I I I 15. 3. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Request of S.M. Hentges & Sons, Inc. Regarding Hourly Restrictions on Construction Activities DATE: May 5, 1998 INTRODUCTION: By letter dated May 1, 1998, S.M. Hentges & Sons, Inc., the contractor performing the work on the Southbridge Parkway Project has requested that City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, be suspended. DISCUSSION: The above named section of the City Code restricts the hours of operation from 7:00 A.M. to 10:00 P.M. on weekdays, and from 9:00 A.M. to 9:00 P.M. on weekends and holidays. S.M. Hentges & Sons, Inc. is requesting a suspension on the hours as follows: Monday through Friday Grading Crew - 6:45 A.M. to 10:00 P.M., May 6 to August 1 Pipe Crew - 5:45 A.M. to 10:00 P.M., May 6 to August 15 Subcut Machine - 2:30 P.M. to 12:30 A.M., May 6 to July 1 Saturday 6:45 A.M. to 5:30 P.M. The earlier starting time is to expedite the major excavation work in order to work longer hours to meet the schedule for the Southbridge Parkway Project and to minimize the dewatering time of construction. Staff would recommend that if the suspension of hours is granted, that the approval is subject to the following conditions: 1. Approval is contingent upon minimizing noise exposure near residential areas. 2. If excessive residential complaints are received by the City, the suspension can be revoked at the discretion of the Public Works Director. 3. Blasting activities, if any,must be done from 8:00 A.M. to 5:00 P.M. A map of the construction site and nearby residences is attached to this memo. The earlier starting times are needed in order to continue the backhoe excavation on the deep sanitary sewer for the project. A 24 hour dewatering operation will be needed to complete the sewer installation. Due to the distance from nearby residences and the fact that most of the deep excavation work is by T.H. 169, staff believes this request should have minimal impact to existing residences. Typically, the noise from dewatering pumps can be more of a problem. If Council approves the suspension, a public notice is needed to meet the City Code requirement and a notice such as a news release would be placed in the Shakopee Valley News. ALTERNATIVES: 1. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by S.M. Hentges & Sons, Inc., with times and dates as stated in the memo, and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. 2. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for some other period of time as determined appropriate by the City Council, and direct staff to publish notice of the suspension terms. 3. Do not approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations,D. ACTION REQUESTED: Offer and approve a motion consistent with the Council's determination relative to this request. Al-62 Bruce Loney Public Works Director BL/pmp RESTRICT 05-01-1998 10:26AM FROM HETGESS TO 4456718 P.02 ,•ot:vELOPly, • S.M.Hentges Po.Box 69 Jordan, MN 56352-0069 Sons Inc.. YO U)AN, NN•392 ;700 Phone: (612) 492-5700 Fax: (612)492-5705 tiores May 1, 1998 • City of Shakopee Attn: Bruce Loney 129 Holmes Street S Shakopee MN 55379-1376 • • • RE: Southbridge Parkway, Shakopee, MN Dear Bruce: S.M. Hentges& Sons, Inc. would like working hours adjusted for the following work. • Grading Crew 6:45 A.M. to 10:00 P.M. May 6 to August 1 Pipe Crew 5:45 A.M. to 10:00 P.M. May 6 to August 15 Subcut Machine 2:30 P.M. to 12:30 A.M. May 6 to July 1 This project is located in a secluded area with very few residences. With the additional working hours, we would be able to get a jump on the mass grading of Southbridge Parkway as this is the main artery for other projects branching off of this road. Because of the deep trunk sewer line, we have to run generators 24 hours a day to keep dewatering wells going: We feel that by subcutting this excavation for the sanitary at night, we would be able to complete the sanitary work earlier, in turn being able to turn the generators off sooner. Please notify me of the city's reply as soon as possible. •• • Sincerely, 1 • f • Gary Zajac Project Manager F:\WP60\SUE\LETTERS\GARYZ\\LONE Y2.WPI) An Equal Opportunity Employer TOTAL P.02 7:111111a4' , II P•el PARK ii o o v 11, L-:!,v44111111114tY :.L;,,i,,,,,:,,,zi, Z Q �• ARKwrecANKTgyL .71 71 p ��� ���Z rTI O -•=����I,`�-;1111774.01� _!IIrna u�tm %��� ►����1111 vu�`�•il ►y .....iN��!'�Qhwvoi�It" co'�� ' i /� ..ii. 11111 FOOTHG-1.TR ! ,a (/) _) .:. L000z4jrj ., C7 gmu' — \p\ -- 0 > J, 11. im 0 smi I, r - o ' 24111toutim - Z %,/›. . : ,.. .111111i Izio&* ll I , ., 0 ail.pi .1. iit, .e. 'SI-i*----r7-"7"sz,,,',..71/1 ‘'s iiiirill lilitlf41414'41Fii I III 4 - S ST. \ ji ) ,..,',..ft N.,digitheliF46 1,11)4,1ANISAVAGE NII 15. n i--A CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Noise Berm Construction on Fire Station and Hauer Sites DATE: May 5, 1998 INTRODUCTION: This item is in regard to the proposed construction of an earth berm to mitigate some of the noise generated by Trunk Highway (T.H.) 169 traffic towards the Hauer's 4th Addition residents. BACKGROUND: The excessive noise issue was raised by several residents during the discussion to sell the excess fire station property. Staff has had several conversations with Mr. James Hansen of Mn/DOT and Mr. Brian Timerson of Metropolitan Pollution Control Agency (MPCA) on the noise standard, permit procedures and the possibility of constructing a noise barrier. After further investigation, Mn/DOT has concluded that they met the MPCA rules by obtaining an Indirect Source Permit and constructing the highway according to the permit. Mn/DOT believes that any noise mitigation should be the responsibility of the City or future developer on the Gene Hauer Farms site west of the Fire Station No. 2 site. Staff has been in contact with Mr. Jon Albinson of Valley Green Business Park and he is willing to have his contractor construct a berm if the property owner gives permission to do so and an access agreement between the City, Gene Hauer Farms and Valley Green Business Park is entered into. A survey has been done and engineering drawings prepared for a berm that will mitigate most of the noise along this portion of T.H. 169. This drawing will be presented to Council at the meeting. Staff would like to point out that the T.H. 169 bridge over County Road 16 is an opening for noise in this area, however, constructing this berm will reduce the noise levels in the Hauer's 4th Addition. Staff does not have permission with the property owner to proceed with a berm at this time. In order to construct the berm, additional costs will be incurred by Valley Green Business Park. These costs are estimated not to exceed $5,000.00 and are the extra costs in grading the berm and reseeding. Staff believes this extra cost is reasonable and the berm will reduce the noise levels experienced by the residents of Hauer's 4th Addition. In order to construct this berm at this time, cooperation is necessary from the property owners. It should be pointed out that if this property develops, a noise berm or wall will be required by the City. Staff believes three actions are necessary in order to proceed if Council desires to construct a berm in this area: • Authorize the payment not to exceed of $5,000.00 to Valley Green Business Park for constructing a berm on the Fire Station and Gene Hauer Farms sites. • Direct the City Attorney to prepare an access agreement between the City, Gene Hauer Farms, and Valley Green Business Park for the construction of an earthen berm. • Waive the grading permit fees associated with the earth berm construction on Hauer's property. Staff will have more information on this proposal and a response from the Hauer's by the Council Meeting. ALTERNATIVES: 1. Authorize the payment not to exceed of $5,000.00 to Valley Green Business Park for constructing a berm on the Fire Station and Gene Hauer Farms sites. 2. Direct the City Attorney to prepare an access agreement between the City, Gene Hauer Farms, and Valley Green Business Park for the construction of an earthen berm. 3. Waive the grading permit fees associated with the earth berm construction on Hauer's property. 4. Do not authorize the payment, or direct the City Attorney to prepare an agreement or waive the grading permit fees for the construction of the berm. 5. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No's. 1, 2 and 3 if the property owners west of the Fire Station Site agree to allow the construction of the berm. ACTION REQUESTED: 1. Authorize the payment not to exceed of $5,000.00 to Valley Green Business Park for constructing a berm on the Fire Station and Gene Hauer Farms sites. 2. Direct the City Attorney to prepare an access agreement between the City, Gene Hauer Farms, and Valley Green Business Park for the construction of an earthen berm. 3. Waive the grading permit fees associated with the earth berm construction on Hauer's property. ruce Loney Public Works Director BL/pmp BERM CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Noise Berm Construction on Fire Station and Hauer Sites DATE: May 5, 1998 INTRODUCTION: This item is in regard to the proposed construction of an earth berm to mitigate some of the noise generated by Trunk Highway (T.H.) 169 traffic towards the Hauer's 4th Addition residents. BACKGROUND: Staff has had discussions with Gene Hauer who is representing Gene Hauer Farms and at this time, the property owners do not want a berm constructed on their property. Staff is recommending that the berm on the Fire Station No. 2 site be constructed so that the City is providing the most noise mitigation possible. A noise wall or berm will be required on the Gene Hauer Farm site upon development of the site. In order to construct the berm on the city site, additional costs will be incurred by Valley Green Business Park. These costs are estimated at $3,000.00 and are the extra costs in grading the berm and removing and replacing the topsoil prior to seeding by the Fire Station contractor. Staff believes the action necessary in order to proceed if Council desires to construct a berm in this area is as follows: • Authorize the payment of $3,000.00 to Valley Green Business Park for constructing a berm on the Fire Station site. • Direct staff to amend the grading permit associated with the excess fire station property and include the earth berm construction on the Fire Station No. 2 site. • .. . . ... .. . .. .. ALTERNATIVES: 1. Authorize the payment of $3,000.00 to Valley Green Business Park for constructing a berm on the Fire Station site. 2. Direct staff to amend the'grading permit associated with the excess fire station property and include the earth berm construction on the Fire Station No. 2 site. 3. Do not authorize the payment, or amend the grading permit for the construction of the berm on the Fire Station No. 2 site. 4. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No's. 1, and 2 to allow the construction of the berm on the Fire Station No. 2 site with payment of $3,000.00 to be authorized from the contingency fund. ACTION REQUESTED: 1. Authorize the payment of $3,000.00 to Valley Green Business Park for constructing a berm on the Fire Station site out of the contingency fund. 2. Approve a motion directing staff to amend the grading permit associated with the excess fire station property and include the earth berm construction on the Fire Station No. 2 site. 41114 Bruce Loney Public Works Director BL/pmp BERM1 /5, D. 5 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Engineering Technician II DATE: April 30, 1998 Attached is a memorandum from Public Works Director, Bruce Loney,regarding a request for an unbudgeted Engineering Technician II position. At the April 21st City Council meeting,Mr. Loney was given authority from the Council to provide for full-time inspection on the Southbridge Project. Given current levels of staffing, that can only be done with consulting engineering help. At the April 28th Goal Setting session, one concept which I suggested to Council was that, as long as the City is making these . expenditures,the City may as well reap the benefit of the"profit"that would otherwise be going to the consultants. In other words, instead of contracting out,we should gear up the engineering function to accommodate the current and future growth. This way,the monies that would be coming from the"profit"portion of the inspection and design of the consultants can be retained by the City,to fund those one time expenditures relating to growth that will otherwise not be able to be added to the ad valorum tax, or funded by a referendum-Public Works buildings, remodeling in City Hall, certain park improvements, etc. (These are all items that will need to be addressed in the CIP.) I have also talked with Bruce about the general engineering needs as a result of having a larger community. One person can be in City Hall full time just answering residents' questions. He has also provided me with an analysis of the number of hours needed for inspection and design, versus what we currently have; it shows that we are more than two positions deficient. On a positive note,Finance Director Voxland has also shared with me some preliminary numbers that indicate our cash balance to be even more favorable as a result of revenues last year. This means that some of the major projects which have been deferred(Gorman Street, Vierling Avenue connection in the vicinity of Lions Park)might be able to be funded sooner than • expected, if that is the Council's desire (versus putting that money into a building fund or other designated use). If so,by having an Engineering Department with adequate staffing,the design work could be done this winter by the same people, again resulting in reduced reliance on consultants. Page 2 Re: Engineering Technician II • April 30, 1998 Obviously, this "re-engineering"of the Engineering Department will add responsibilities to some positions, and will require some added equipment. However, it is my experience from being in Savage during the similar growth period that added revenues should more than pay for the added costs. This is an effort to make the City more entrepreneurial. It also means that, when growth inevitably stops, the City will also need to be prepared to downsize, as does the private sector, to keep staffing levels consistent with demands. I concur with Bruce's recommendation to add this unbudgeted position - it is money that the City will need to expend anyway: the City should be the beneficiary. ltAk Mark McNeill City Administrator MM:bjm [h:\mark\memo\techll.mem] Attachment cc: Bruce Loney cc: Gregg Voxland CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Engineering Technician II DATE: May 5, 1998 INTRODUCTION: Staff would like to request authorization from Council to begin advertisement and hiring of an Engineering Technician II to support the Engineering Department in its responsibilities for this year. BACKGROUND: The 1998 construction season is underway and from all indications this year's workload will be substantially higher than in past years. City Council has requested that all future projects have inspection services that essentially are full time in order to ensure the quality of the work and to monitor contract dispute items. To meet the inspection needs for the 1998 projects, the City has two options: • Contract with consultants for additional inspectors at a cost of$50.00/Hr. • Hire additional Engineering Technicians at a cost of approximately $20.00/Hr. including benefits. Staff did not propose an additional Engineering Technician for 1997 due to the other hirings requested by other departments and the Council directive to maintain a certain budget level. It was discussed with Council at the Budget Work Session that the Engineering Department can use consultants to assist in the workload as necessary. Due to the development activity for 1998 and the projected development activity for the future, staff would be requesting an additional engineering person for 1999. In discussions with the City Administrator, it has been suggested that an additional Engineering Technician be hired now and a budget amendment proposed for this expense. The rationale is that the City can reduce the amount of consultant engineering time needed and the extra revenue generated by this person can be used for other City future needs. Staff has prepared an attached estimate of hours needed to provide full time inspection on the projects for this year. From this list an additional person is warranted as well as some consultant assistance. Staff is seeking Council direction on authorization to hire additional Engineering personnel. ALTERNATIVES: 1. Authorize staff to advertise and hire an Engineering Technician II as an additional position for 1998 and direct staff to prepare a budget amendment for this budget impact. 2. Do not authorize staff to advertise and hire an Engineering Technician II at this time and utilize consultants to provide engineering technician services. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as the project worklaod justifies this position and the City will generate revenues as opposed to paying consultants for this service. ACTION REQUESTED: Move to authorize the appropriate City staff to utilize Scott County in advertising and hiring an Engineering Technician II and direct staff to prepare a budget amendment for this budget impact. Bruce Loney Public Works Director BL/pmp HIRE L L Cl) COL I 2 2 2 2 I 2 2 2u) .- O O O O 00 O t0 O Lf) O 0 N �t ti co CO ED o CO 0 Op O 2 VLs, N ti O a c - O Z O N Z -a 0 -0 OW m 2 O O U) O O c) -a ao _O o O N- o o > cr)O 0 co co 0 O 006 0) H N d' N M . - Ni: 0p 0 Tr Eft- x-- r Eft- 69 Eft- Eft EF}>>� Eft 69 a) O 2U) ' IL _ O `. 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CU 0 • • • m E 0 c CD c 0 m° 0 i5 C . 1 , Com seiNif CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: -Dan Hughes, Chief of Policel��� Date: May 4, 1998 Subject: Parking Exemption During Construction INTRODUCTION: The Council is asked to waive the parking restrictions on Fourth Ave. East in the 1200 block for the duration of reconstruction of the parking lot located at 1221 Fourth Ave. East. BACKGROUND: Kevin O'Brien contacted the Police Department regarding the parking problems created by the reconstruction of the professional building parking lot located at 1221 Fourth Ave. East. The reconstruction will take several days which creates a parking problem for both workers and customers using the building. Fourth Ave. East is signed"No Parking" in front of the business. Mr. O'Brien has requested the workers and customers be granted temporary relief from the parking restrictions. The project is scheduled to begin May 7, and end May 22, 1998. RECOMMENDATION: I recommend the Council authorize the one time parking exemption in the 1200 block of Fourth Ave. East during the reconstruction of the parking lot at 1221 Fourth Ave. East. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize an exemption from the"No Parking" restriction in the 1200 block of Fourth Ave. East during the reconstruction of the parking lot at 1221 Fourth Ave East. Dan Hughes Chief of Police IS. r0. 1 CITY OF SHAKOPEE MEMORANDUM CONSENT To: Mayor and City Council Mark McNeill, City Administrator From: Mark J. McQuillan, Parks and Recreation Director Subject: O'Dowd Lake Park Trail Extension to Fishing Pier Date: April 27, 1998 INTRODUCTION Staff is seeking City Council's approval to install a bituminous trail from the parking lot to the new fishing pier at O'Dowd Lake Park. The project is identified in the 1998 Parks Capital Improvement Program. BACKGROUND Quotes were obtained from three different contractors and were based on cost per linear foot. The lowest quote submitted was from Ideal Paving Company at$9.25 per lin. ft. followed by Prior Lake Blacktop, Inc. at$9.75 per lin. ft. and Plehal Blacktopping at $16.25 per lin. ft. Our original estimate for the trail was about$10,000. The actual costs will be about $5,272.50 (570 feet x$9.25). See drawing in Exhibit A. Since the cost of the project is lower than what we anticipated it to be, it would make sense to also pave the trail from the parking lot to County Road 79 where it will connect to the existing trail. See drawing Exhibit B. The City Engineer estimates the cost to extend the trail to County Road 79 to be about$7,168.75 (775 lin ft. x$9.25). Last year,the Shakopee Rotary Club committed up to $10,000 for the project with payment to the City of$2,000 per year for 5 years. The Rotary Club supports staffs proposal to use the balance of the $10,000 to extend the trail to the road. Initial construction costs will be paid from the Park Reserve Fund. ALTERNATIVES 1. Hire Ideal Paving Company to construct the trail from the parking lot to the fishing pier in O'Dowd Lake Park and allocate $5,272.50 from the Park Reserve Fund for the project. 2. Hire Prior Lake Blacktop, Inc. to construct the trail from the parking lot to the fishing pier in O'Dowd Lake Park and allocate $5,575.50 from the Park Reserve Fund for the project. 3. Hire Plehal Blacktopping, Inc. to construct the trail from the parking lot to the fishing pier in O'Dowd Lake Park and allocate $9,262.50 from the Park Reserve Fund for the project. ...r:+•`,+:o-a�♦+:o-rr:,;,, •,; .:ti;.;.;:..:::::::t•::5:++fiS:::` rr,.,`r n: L ..+.5:a rrra+,iti5:• ::''i'/;^; ..o-�•k�i:++:i,. ,k:: 1.,.i. .q)Ywr,.:ti3f .:::::::. ..+}.::.}•.: .. b'..++•. {:.+.............:.:. .•.x. :..��'++}h'ii?{..•. •':.i+.. 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RECOMMENDATION Alternative#4 ACTION REQUESTED Move to authorize the appropriate City Officials to hire Ideal Paving Company to construct a bituminous trail in O'Dowd Lake Park from the fishing pier to County Road 79 and allocate up to $12,500.00 from the Park Reserve Fund for the project. cilvtipi Ai Mark J. McQuillan Parks and Recreation Director ..yarn 14,..,,,:-./� ( 1 f �L •. i. { ;�Sila i�.�azt 4\f3 -r q ��.Vi R'>•Y• ..t:/-r-,-_,0,-4./-- ��•`� l�• t1`�t/,I/ ' 4 . ' ....... . .,...,....?.....,:s„.. V ,,�� ":. 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I- NF7‘N. --------- f , I \ \)1L Ali, -______.— ! I ,,,, • ..„ N s, j, D ''.41.4...:440„,;., i 06 01 . _-,4,..... 4 4 TRq F CT p \ MIL GOVT LOT I SEC 30-H5 - 22 • OWExr`s---;,..c76. Trcx< I II 1!1/1!1 Pro ���� cQ ��n,( �7� 4.116 AI" Pro pcx(,,c9si ( 16". E . 1, CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Interfund Transfers DATE: April 29, 1998 Introduction Council approval of an interfund transfer is requested. Background As part of closing the books for 1997, staff has transferred $400, 000 to the 1994/5 improvement fund to cover the cost over run on the Sarazin/Roundhouse project . Also there was $700, 000 transferred to the Building Fund. Transfers were from the General Fund which has another very good year in terms of the budget . This action brings the General Fund balance down closer to the target fund balance level . The money was transferred into capital projects funds and can be transferred out again if debt service needs are adequately covered. Transfers of TIF monies have been as follows; From TIF #1 to Debt Service $124, 000 . 00 From TIF #1 to Debt Service 427, 000 . 00 From TIF #1 to Debt Service 394, 000 . 00 From TIF #1 to Debt Service 265, 000 . 00 From TIF #3 to TIF #1 (consolidate $) 34, 739 .38 From TIF #6 to TIF #1 " 7, 893 . 09 From TIF #7 to TIF #1 1 43 , 276 . 74 From TIF Drainage to BL 3&4 (close drain) 10, 606 . 69 From TIF #1 to BL 3&4 (project funding) 511, 000 . 00 Recommendation Approve transfers as per above. Action Move to approve of the following transfers : From General Fund to 94 Improvement $400, 000 . 00 From General Fund to Building Fund 700, 000 . 00 From TIF #1 to Debt Service 124, 000 . 00 From TIF #1 to Debt Service 427, 000 . 00 From TIF #1 to Debt Service 394, 000 . 00 From TIF #1 to Debt Service 265, 000 . 00 From TIF #3 to TIF #1 (consolidate $) 34, 739 .38 From TIF #6 to TIF #1 1 7, 893 . 09 From TIF #7 to TIF #1 " 43, 276 . 74 From TIF Drainage to BL 3&4 (close drain) 10, 606 . 69 From TIF #1 to BL 3&4 (project funding) 511, 000 . 00 Gfr414- Voxland Finance Director I:\finance\docs\cafr\tran97c CITY OF SHAKOPEE /S, 6. 2 ' Memorandum � TO: Mayor and Council CONSENT---� FROM: Mark McNeill, City Administrator SUBJECT: Riverview Estates Second Addition Restrictive Covenants DATE: April 29, 1998 INTRODUCTION: The Council is asked to take action which would modify the Declaration of Restrictive Covenants for Riverview Estates Second Addition. BACKGROUND: Attached is a letter from City Attorney Corrine Thomson, requesting that the City Council take action to amend the Declaration of Restrictive Covenants,by removing lots 9 and 10 from that agreement. These are the lots that the City acquired on behalf of SPUC earlier this year for a water storage tank facility. In her opinion,Ms. Thomson feels that the amendment is not required. However,it has been requested by the owner of lots 1 - 8, and it is something that can be easily accommodated. RECOMMENDATION: I recommend that the Council authorize executing the agreement. ACTION REQUIRED: If the Council concurs, it should,by motion, direct the appropriate City official to execute the agreement to modify the Declaration of Restrictive Covenants for Riverview Estates Second Addition. Mark McNeill, City Administrator MM\tiv- Riverview Estates 470 Pillsbury Center Kennedy 200 South Sixth Street • Minneapolis MN 55402 (612)337-9300 telephone Graven (612)337-9310 fax CHARTERED e-mail:attys@kennedy-graven.com CORRINE H. THOMSON Attorney at Law Direct Dial(612)337-9217 e-mail:cthomson@kennedy-graven.com April 24, 1998 Mark McNeill City of Shakopee 129 Holmes Street Shakopee, MN 55379 RE: City of Shakopee v. Scott County Farms, et al. Dear Mark: Enclosed is a request that I received from Joseph Kelly, who is the attorney for James R. Hill, Jr. Mr. Hill has acquired Lots 1-8 in the Riverview Estates 2nd Addition and has asked that the City agree to amend the Declaration of Restrictive Covenants for that addition by removing Lots 9 and 10 (the lots the City acquired for the Shakopee Public Utility Commission water storage tank facility). The request is consistent with the City's condemnation action. In that action, the City acquired the right of the owners of Lots 1-8 to enforce the restrictive covenants against Lots 9-10, and the City excepted Lots 9 and 10 from both the benefits and the burdens of the covenants. Technically, this amendment is not required. However, the owners would like to process the amendment in order to resolve any possible title issues. Please put this matter on the council agenda for approval. Because it is technical in nature and completely consistent with the council's prior condemnation action, it would be an appropriate consent agenda item. Return the signed original directly to Mr. Kelly, with a copy to me. Please call if you have any questions. Sincerely, Corrine H. Thomson Enclosure cc: Lou Van Hout (w/enc) CAH142234 SH155-34 i JOSEPH L. KELLY ATTORNEY AT LAW 201 WEST TRAVELERS TRAIL SUITE 290 BURNSVILLE, MINNESOTA 55337 (612)894-1144 FACSIMILE(612)894-1166 ilEOEUVE April 21, 1998 APR 2 3 1998 ID Corrine H. Thomson, Esq. Kennedy and Graven, Chartered 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 RE: Riverview Estates 2nd Addition Dear Ms. Thomson: As we recently discussed, Mr. James R. Hill, Jr., the owner of Lots 1-8 in Riverview Estates, Second Addition, wishes to amend the Declaration of Restrictive Covenants for this development so as to remove Lots 1 and 2 from the "premises" as described in the document. Although the City of Shakopee specifically did not retain the benefits of the covenants in its acquisition of Lots 9 and 10, its agreement is needed to modify the covenants, as the City is a current owner of property within the development. I have enclosed a proposed Agreement which will limit the Declaration of Restrictive Covenants to Lots 1-8, and will free the City from any involvement with the owners of these lots relative to the covenants. If the form of this Agreement is acceptable, I respectfully request that you submit it to the City Council for their approval at the earliest possible opportunity. Thank you for your r assistancc ;.n this matter. If you have any questions, please feel free to call. Sincer-ly ji�,�/ oseph L. Kell Enc. cc: Mr. James R. Hill, Jr. AGREEMENT TO MODITHE DECLARATION OF RESTRICTIVE FOR RIVERVIEW ESTATES SECOND ADDITION LotsRiverview Estates T..T .s R. Hill, Jr. Kristine,rcuuea rand isti5L111G M. Hill, VWriCIS of 1-8, Riverview Estates 2nd 2nd Addition and the City of Shakopee, owner of Lots 9 ;and 10, of Riverview Addition, mutually agree to modify the Declaration restrictive1997, as document No. 394446 in Estates 2nd Addition dated May 30. 1997, filed June 19, the office of the Scott County Recorder as follows: 1. The Premises subject to the Declaration of Restrictive Covenants of Riverview Estates 2nd Addition shall hereafter include only Lots 1,2,3,4,5,6,7 and 2. Lots 9 and 10 shall no longer be part of the premises. Dated: 1998 James R. Hill, Jr. Dated: 1998 Kristine M. Hill 1998 City of Shakopee, Dated: A Municipal Corporation By: Its: CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Manufactured Home Park Closings DATE: April 29, 1998 INTRODUCTION: The Council is asked to give direction on whether it wishes to call for public hearing to change city ordinances regarding the closure of manufactured home parks. BACKGROUND: Attached is a letter dated April 25th from APAC, a state organization which represents residents of manufactured home parks. This is specifically relating to residents of the Valley Haven park, located at 1501 1st Avenue East. A group of residents there have requested that the City consider a change in the city ordinance, which would protect residents during a park sale whose manufactured homes cannot be relocated - most of the homes in this park are over ten years old,which is beyond the age that other parks will accept for relocation. Homeowners can also elect to have their homes bought out at market value by the purchaser of the property if enabled by city ordinance. The City Attorney advises me that there is a State law that regulates the closings of manufactured home parks. Among other things,the law requires that the operator of the park prepare a closure statement and that the City Council hold a public hearing on the closure. (This park has been for sale since last fall;it is my understanding that nothing formal has been presented at this time). The State law also allows municipalities to regulate park closings and to require payment of reasonable relocation costs to displaced residents. Whether to adopt such regulations is a policy question for the Council to decide. The City Attorney will be prepared to answer any questions that the Council may have on this issue. RECOMMENDATION: If the Council wishes to take action in response to the request of the Valley Haven group, it should direct staff to prepare an ordinance modification and bring the changes back for consideration. Both the resident group and Valley Haven owner would be notified of that consideration. ACTION REQUIRED: If the Council concurs, it should,by motion, direct staff to prepare an ordinance regarding the closure of manufactured home parks and bring back for future consideration. ik,...qvu§404) Mark McNeill, City Administrator MM\tiv- Valley Haven llianf A 2ark iSA ®T 2395 University Avenue West, Suite 202 St. Paul, MN 55114 Tel: (612) 644-5525 Fax: (612) 642-0060 April 25, 1998 Mayor Jon Brekke City of Shakopee Shakopee,MN 55457 Dear Mayor Brekke: Imagine thirty homes in Shakopee being removed in order to make room for commercial redevelopment. In our neighborhood,that's thirty families,senior citizens,disabled,and young children. Some families have lived here for thirty years. If this ever happened,residents need to know that they would not face unnecessary and excessive financial burdens. We,the residents of Shakopee living at 1501 First Avenue East,Valley Haven Manufactured Home Park,would like the Shakopee City Council to pass a Park Closing Ordinance. In the case of a park closing,the Ordinance provides relocation costs for homes that can be moved to other parks. It also protects residents whose homes cannot be relocated. These homeowners can elect to have their homes bought out at their market value by the purchaser(developer)of the park property. The city of Shakopee can be proactive and pass a park closing ordinance even though Valley Haven is not closing. As a neighborhood that is positioned between two commercial lots,we feel vulnerable to sale and redevelopment because our park was put up for sale last fall. We are homeowners as well as tenants,and we would like to have our home ownership recognized by our elected officials of Shakopee. State law enables,but does not require,cities to require the owner of a closing park,to pay reasonable relocation costs for homes that can be moved to other parks within 25 miles. The law also enables cities to provide additional compensation as it deems necessary,such as the purchase of homes at market value. Enclosed is a copy of the Park Closing Ordinance passed by the city of Elk River. Similar ordinances have been passed in the cities of Dayton,Burnsville,Moundsview,Lake Elmo,Hopkins,and Bloomington. As APAC representatives of our park,we are part of a non-profit community organization of manufactured home park residents in the Twin Cities metro area. Through grassroots organizing and leadership development,we protect the rights of residents and promote positive changes in our community. Thank you for your time and consideration of an ordinance that would protect homeowners and residents of Shakopee. We look forward to meeting you at the May 5th City Council meeting. Sinceree/, R,44-dA-7-1 QdA-7-1 ® / d 66. 9-/Pizare //a Earl Leman Merlin Bentz lenna Crowley Althea Rank Anna Troseth Valley Haven APAC Resident Association Representatives qA L(! tufl4AsIZ Attachment 441: h1 1,1111 An Organization of Manufactured Home Residents 4, Au? A 11 )Parks A llieant foT Chanp 2395 University Avenue West, Suite 202 St. Paul, MN 55114 Tel: (612) 644-5525 Fax: (612) 642-0060 Summary of the enclosed City of Elk River Minnesota Ordinance no.97-3 on Manufactured Home Park Closings • Definitions of closure statement,Displaced Resident,Lot,Manufactured Home,Park Owner,Person • Notice of Closing: If a park is to be closed the residents receive nine months notice prior to the closure. • Notice of Public Hearing: the Planning Commission shall submit the closure statement to the city council and request a public hearing. An announcement will be mailed to each manufactured home in the park,and the park owner will provide the city with a list of the names and address of one resident of each home. • Public Hearing will be held to review the closure statement and evaluating the impact on residents and park owner. Payment of relocation costs: The park owner shall pay to the displaced resident the reasonable cost of relocating the home to another park located within a twenty-five mile radius. The relocation costs shall include the expense of moving home,personal property,insurance for the replacement value of the property being moved. In this case,if a resident can't relocate the home within 25 miles the resident is entitled to relocation costs based upon an average of costs awarded to other residents in the park. The resident shall retain the title to the home and responsible for its prompt removal from park. The park owner shall make the payments to the persona performing the relocation services after written evidence of payment of relocation costs by a displaced resident. The displaced resident must submit a contract or other verified cost estimate • Payment of Additional Compensation Amendment: If resident either cannot or chooses not to relocate the home within a 25-mile radius of the park, resident can receive an amount equal to the estimated market value of the home as determined by an independent appraiser. • Violation of the provision is a misdemeanor. The City shall not issue a building permit in conjunction with reuse of the park unless the park owner has paid reasonable location costs and purchaser of the park has provided additional compensation. E ygi An Organization of Manufactured Home Residents - • , CITY OF ELK RIVER, MINNESOTA ORDINANCE NO. 97-3 MANUFACTURED HOME PARK CLOSINGS SECTION 1010 .00. PURPOSE In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety and general welfare will be promoted by requiring compensation to displaced residents . of such parks . The purpose of this Section is to require park owners to pay displaced residents reasonable relocation costs and purchasers of manufactured home parks to pay additional compensation, pursuant to the authority granted under Minnesota Statutes, Section 327C. 095 . SECTION 1010 . 02. DEFINITIONS The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise : CLOSURE STATEMENT: A statement prepared by the park owner clearly stating the park is closing, addressing the availability, location and potential costs of adequate replacement housing within a twenty-five (25) mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. DISPLACED RESIDENT: A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident' s household, as of the date park owner submits a closure statement to the City' s Planning Commission. LOT: An area within a manufactured home park, designed and used for the accommodation of a manufactured home. MANUFACTURED HOME:._ A structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained in it. PARK OWNER: The owner of a manufactured home park and any person acting or. behalf of the owner in the operation or management of a park. 1 , . Person: Any individual, corporation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity. SECTION 1010.04. NOTICE OF CLOSING. If a manufactured home park is to be closed, converted in whole or part to another use or terminated as a use of the property, the park owner shall, at least nine (9) months prior to the closure, conversion to another use or termination of use, provide a copy of a closure statement to a resident of each manufactured home and to the City' s Planning Commission. SECTION 1010 .06. NOTICE OF PUBLIC HEARING The Planning Commission shall submit the closure statement to the City Council and request the City Council to schedule a public hearing. The City shall mail a notice at least ten (10) days prior to the public hearing to a resident of each manufactured home in the park stating the time, place and purpose of the hearing. The park owner shall provide the City with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the Planning Commission. SECTION 1010 .08 PUBLIC HEARING. A public hearing shall be held before the City Council for the purpose of reviewing the closure statement and evaluating what impact the bark closing may have on the displaced residents and the park owner. SECTION 1010 .10 PAYMENT OF RELOCATION COSTS . 1. After service of the closure statement by the park owner and upon submittal by the displaced resident of a contract or other . verification of relocation expenses, the park owner shall pay to the displaced resident the reasonable cost of relocating the manufactured home to another manufactured home park located within a twenty-fivr (25) mile radius of the park that is being closed, converted to_another use, or ceasing operation. Reasonable relocation costs shall include: A. The actual expenses incurred in moving the displaced resident' s manufactured home and personal property, including the reasonable cost of disassembling, moving and reassembling any attached appurtenances, such as porches, decks, skirting and awnings, which were not acquired after notice of closure or conversion of the park, and utility "hook-up" charges. B. The cost of insurance for the replacement value of the property being moved. 2 C. The cost of repairs or modifications that are required in order to take down, move and set up the manufactured home. 2 . If a resident cannot relocate the manufactured home within a twenty-five (25) mile radius of the park which is being closed or some other agreed upon distance, and the resident elects not to tender title to the manufactured home, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents in the park. 3. A displaced resident compensated under this section shall _ retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park. 4 . The park owner shall make the payments under this section directly to the person performing the relocation services after performance thereof, or, upon submission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced resident for such costs. 5 . The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner as a condition to the park owner' s liability to pay relocation expenses . SECTION 1010 . 12 PAYMENT OF ADDITIONAL COMPENSATION. If a 'resident cannot relocate the manufactured home within a twenty-:. ' ve (25) mile radius of the park that is being closed or some other : eed upon distance and tenders title to the manufacturedho“ = the resident is entitled to additional compensation to be pc:. by the purchaser of the park in order to mitigate the adverse finan..TT-1 impact of the park closing. In such instance, the additional ••I.ensation shall be in an amount equal to the estimated market value - the manufactured home as determined by an independent appraiser - •erienced in mobile home appraisal approved by the City Administrato The purchaser shall pay the cost of the appraisal . The purc ser shall pay such compensation into an escrow account, establi -d by the park owner, for distribution upon transfer of title to the -.me . Such compensation shall be paid to the displaced residents no _.ter than the earlier of sixty (60) days prior to the closing of =e park or its conversion to another use . SECTION 1010.14 PENALTY. 1 . Violation of any provision of this Section shall be a misdemeanor. 2 . Any provisions of this Section may be enforced by injunction or other appropriate civil remedy. 3 3. The City shall not issue a building permit in conjunction with reuse of manufactured home park property unless the park owner has paid reasonablelocation costs and the purchaser of the park has provided additional compensation in accordance with the requirements of this Section. Approval of any application for rezoning, platting, conditional use permit, planned unit development or variance in conjunction with a park closing or conversion shall be conditional on compliance with the requirements of this Chapter. - SECTION 1010.16 EFFECTIVE DATE. This ordinance shall be effective upon publication. 4 _� Passed and adopted by the City Council of the City of Elk River this 17th day of March, 1997. / Ci en,' A. Duitsman • Ma_ .r .� z Sandra A. Thackeray City Clerk ORDINANCE NO. 97- 7 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 1010.12 (MANUFACTURED HOME PARK CLOSINGS) OF THE CITY CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 1010.12 of the City of Elk River Code of Ordinances shall be amended by deleting existing Section 1010.12 and substituting new Section 1010.12 as follows: 1010,12 - PAYMENT OF ADDITIONAL COMPENSATION If a resident either cannot or chooses not to relocate the manufactured home within a 25-mile radius of the park that is being closed or some other agreed upon distance and tenders title to the manufactured home, the resident is entitled to additional compensation to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the additional compensation shall be in an amount equal to the estimated market value of the manufactured home as determined by an independent appraiser experienced in mobile home appraisal approved by the City Administrator. The purchaser shall pay the cost of the appraisal or shall reimburse the City for any advances it makes to such appraiser for such cost. The purchaser shall pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the home. Su - c• De sation shall be paid to the displaced residents no later than the earlier of si y (60) d.ys prior to the closing of the park or its conversion to another use. Section 2. This ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 2151 day of April, 1997. a • a e A. Duitsman, Mayor CIL.12.0 „, •IA 116. 0■11611•0.1 Sandra A. Thackeray, City Clerk / SELLED 514146.1 ORDINANCE 97 - 22 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 1010.12 (MANUFACTURED HOME PARK CLOSINGS) OF THE CITY CODE OF ORDINANCES CASE NO. OA 97-14 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 1010.12 of the City of Elk River Code of Ordinances shall be amended by deleting existing Section 1010.12 and substituting new Section 1010.12 as follows: 1010.12 - PAYMENT OF ADDITIONAL COMPENSATION If a resident either cannot or chooses not to relocate the manufactured home within a 25-mile radius of the park that is being closed or some other agreed upon distance and tenders title to the manufactured home, the resident is entitled to additional compensation to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the additional compensation shall be an amount equal to the estimated market value of the manufactured home as determined by an independent appraiser experienced in mobile home appraisal approved by the City Administrator. The purchaser shall pay the cost of the appraisal or shall reimburse the City for any advances it makes to such appraiser for such cost. The purchaser shall pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the home. Such " nsation shall be paid to the displaced residents no later than the nin y (g0) days prior to the earlier of closing of the park or its conversion to anothe se. Section 2. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River thisl7th day of November , 1997. enry A4 Duitsman Mayor2 „ ___,,d- . -vs 4,. ,a., ,/. ALetc-i-e--(-ee., Sandra A. Thackeray City Clerk \\elkriver\sys\shrdoc\document\ordinanc\oa97-14.doc 3 4 .. Ye .. .s,e; x,w,,.i vi` - ,. ,`k S. 5 . y . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Building Permit Fee Waiver-Bennington Family DATE: April 29, 1998 INTRODUCTION: The Council is asked to consider action which would waive building permit fees for a home to be constructed for the family of Holt Bennington. BACKGROUND: Several weeks ago,the City was contacted by representatives ed earlier this year e Hope for wHolt tpComayig mittee. . Holt is the Shakopee High School student who was incur The Committee is working to fund the construction of a new house,which will be fully accessible for Holt. The plans for the house are being finalized at this name, and of labor and going n is expected to begin soon. This is truly a community effort,with many dotion into the project. The Committee has asked that the City also consider a donation in the form of a waiver of any applicable building permit fees. I have asked the City Attorney to review the request. It is possible that there are certain fees that the City does not have the authority to waive. BUDGET IMPACT: The building official has provided me an estimate,based upon an estimated construction value the lueCoof il $250,000,which shows that potentiay$4202.11 o 20riictimight on vg alu bewaived not been determined.by the eTherefore, so chose. As of this writing,the actualif the construction value is different. the final amount to be waived may vary There are three types of fees over which the city has no control-the items amounstateo $470.85.building surcharge,the electrical permit and water meter. Those RECOMMENDATION: If the Council desires to waive the fees,we recommended that a motion be adopted waiving those fees that the City has the legal authority to waive. ACTION REQUIRED: If the Council concurs,it should,by motion, direct that the fees which can be waived by the City Council be waived,with a final amount to be determined by the Building Department, and based upon the items described in the April 14th memo. Mark McNeill, City Administrator MM\tiv-Bennington CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Fulton Schleisman, Building Official RE: Building Permit for Bennington Family DATE: April 14, 1998 response to your Email dated April 9th, attached please find estimated fees for a building permitIn for the Bennington family. permit Listed below are estimates of those fees we believe are fixed (cannot be waived) . 1. Water Availability Charge (SPUC) - none 2. Sewer Availability Charge (MCES) - none 3. State Building Permit Surcharge - $125.00 + 4. Electrical Permit - $150.00 + 5. Water Meter - $95.85 (must be purchased from SPUC) for private water system A summary of those fees which can be waived by City Council is as follows: 1. Building Permit - $1,637.25 2. Certificate of Occupancy Deposit - $500.00 3. Plan Check - $1,064.00 4. Grade/Survey Check - $15.00 5. Park and Land Dedication - $714.36 6. Individual Sewage Treatment System - $50.00 7. Plumbing Permit - $175.00 ± 8. Heating Permit - $46.50 Total - $4,202.11 ± FS/jms cc: Michael Leek APPLICATION FOR BUILDING PERMIT City of Shakopee 129 South Holmes Street Shakopee,MN 55379 612.496-9676 Fax 6124454718 B.?.No. APPLICANT TO COMPLETE NUMBERED SPACES ONLY 1.PROJECT ADDRESS 2.OWNER OP LAND 3.DESCRIPTION OF LAND BY LOT,BLACK,ADDITION 4.APPLICANT NAME ADDRESS • ADDRESS LICENSE NO. S.CONTRACTOR NAME 6.CLASS OF WORK 0 HOUSE 0 ADDITION ❑ALTERATION 0 REPAIR 0 PORCH 0 DECK i 0 STORAGE BUILDING 0 GARAGE 0 FENCE 0 POOL 0 TANK / NO.OF DWELLING UNITS 7.USE OF STRUCfUitE 8.DESCRIPTION OF PROJECT 9.BLDG.WIttrR BLDG.LENGTH__ 9LDG,HEIGHT___—.---- NO.OF STORIES 10.ESTIMATED COST OR VALUE S r 0 10 Max.Oce.Load Fire Sprinkler Read. 110111111111 Occupancy Group 0 Yes 0 No LIMITING CONDITIONS/COMMENTS APPLICATION APPROVALS COMMUNITY DEVEWPMENT DEPARTMENT DATE ENGINEERING DEPARTMENT DATE ------------------- BUIlDINO DEPARTMENT DATE NOTES TO APPLICANT; 1. V are required for electrical.plumbing,mechanical.sewer and IlialliMMIlill $ y�o.()�J water SeparatepermitsC.O.CHARGE �OIt service and individual sewage treatment l it becomes null and void if work or construction tuthorized is o a • '• s U�i 2.Tido ped within or if construction is suspended OF commenced within 180 days. period of 180 days at any time after work is GRADE/SURVEY CHECK MEW® cation must accompanypermit application 3.Two sale of plans and specification each PARK AND LAND �® 4.Include a survey of the property upon which the proposed mon is to WATER AVAILABILITY CHARGE be providing prepared byw a registered surveyor,udese exempt by City ®® prov Sole of informationdst description of property and aB MCES SEWER AVAII.ABUITY CHARGE a Sale si dewing and meth arrow,legal ©© dimation e. and location of proposed oonWdien• CITY SEWER AVAILABILITY CHARGE b.Location of all existing buildings lots and location of c.Setbackase encs.dimension'of buildings located on adjacent all easements. pdOLVWUALSEWAGE TREATMENT SYSTEM S _� d.Grade elevations at (assumed datum maybe accepted) 1.Each lot corner(both misting and proposed) OTHER © 2.Croom of street at each lot line extended 3.Top of art at each lot line extended STATE SURCHARGE ■ 4.Proposed lawn and driveway elevation TOTAL S.Top of foundationofnd surface ege floor waters indicating direction drainage n The proposed dhposal by mows. 5.Comply with Cit'Code Prohibitions and Limitations of oorrhudion on City or SPUC easements SEC 4.03. SIGNATURE OF APPLICANT PHONE NUMBER •. DATE PINK-APPLICANT YELLOW-FILE WHITE.INSPECTOR &2d gp o -7,- &inzt *,e42,2,6e; /7500 -3 5 FRANK CANNATA 002 04/30/98 12:52 FAX 6129438773 I:, "*�i.I •I, , . ISI , I. , , , 1;1 .1.1(,' ' ,I ' ' 't . ' A 1 .i ,I,h ►J'Ir' I.', 'q''111/ 1 4."I •1: 1' ' Irl • I' :$'11 1./ I44i,1 I 1'll;in1•l' 1 .'_11' y7 ' �. ,Sr": �•. d • I L a+l k k • 1i,I•' '� .1 ;1 mit�, , ' rrl ._ 111 • ^ '.o I. . i ,41 I. ., I ;r r'`' I •, �:I _'i. '' :,�i41;IC" , l.,a .•�,'>!!j!.a.►K ,,, ! ,.I.,I .T ;t!;, i:.• , 'r t�,♦,,.a , � ��1998 I I ' • , I I wit :" '! ,.,A 11..:41. h,11 11, ,'I, ,,14 I. I •4, �LI• .� '. Iql, • ' ;1i ,,t�,11' �`I ,jii 1' ..41 1 11 I , 1 i r I' 1 �i 4j' •I 4„- 1 I 'i P 1' ' . , , •-•-•,,r.,47.!' I It 1 i. 41•" ` ~q j ,'ra YJ� 'I:i:1 ''Il 1,.:.1+'i A ' , ,,.1•',, , rrii.i: d dJ,+w' r�1 7 �1� Ia.: '.I' I! : .. 1 r. � '-,^.0,, �r: 9,',•'.,, ' AI y'• 1 : .,,. i•', f"r t "•f i. 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I ll,l• sl: r'4':#I �,f r� 'I i t..,II • , , I•,1 I,I, •I YI 1'11 1 li' :I•• i , ,i ,1 p ¢' I • : I• ,I' 4 •1411. ,,1i" Ll' ,,,1I :.I ► . •rterr'1:E•.1 w 1 I r " 1• '! 1�1, 1' r,,1 1 • 1,'1:,r,I., ' ,II p,,., ' ' '1 l'1,,,,..”7 1 MI FI,I;x,1`1 'I!� 4 i ,ll I'i 1 , 4M• , t 1� elft 41;. 111. w1�I,I;i1'iit f��„�•• • '' I�rywt. •I ..i 1 ll.�,1. „l;,;A ,;M1 't/. ",I' i y I I I : :: .' 1 I .11 • . ' ' i fir.; III. ;i �.1,,� •I'� i• I�''�";:trt• ,i l,,, r4 j I' • 1✓' ,i;1 I I , • I:.fI w,ii,u• I, l' _HCILTI., Io 1 .17,,,:lelnel0 N1. r • :I' ^' ,! 1105 c., ,T�-a er°P-0-130r .' 4, I 'I I! ,q• ,i i..,.,i77 1�[[,I �,1, 'ii i, 'I .I i, '' "' 1 1 OW 11'1, 1' I. :i d+'I't it'1.4'4' , 'AUi11t Pktl S'.', Thursday, April 30, 1998 III,I 41P0 15, E, NJ pride "Mope for 5-Cort" John Brekki and Fellow City Council Members City Hall Shakopee, MN. 55379 Thursday April 30,1998 Dear John: I am writing to you on behalf of the HOPE FOR HOLT COMITEE as the Corporate Chair Person. As you may already know we are trying to raise monies to help defer the cost of a new Handicapped accesible home for Holt. I am requesting that the City of Shaopee waive any and all fees associated with building a new home for Holt. Respectfully thanking you in advance Frank Cannata. Sincerely, � NV Frank Cannata Corporate Chairman, Hope For Holt Commitee '51OPE FORHOL`1 INC. "•P.O. BOX 181 •SHAKOPEE,MN 55379 •PHONE:338-HOLT •EMAIL:HOPEFORHOLT.ORG E . 5 CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Canterbury Park 5th Addition and Seagate Project Release of Easement Release of Developer' s Agreements DATE: April 30, 1998 INTRODUCTION: City Council is asked to approve the release of an easement and the release of developer' s agreements in Canterbury Park 2nd and Canterbury Park 4th to allow for the platting of Canterbury Park 5th Addition for the Seagate Project . BACKGROUND: Mr. Jon Albinson, Valley Green Business Park, has requested the release of an easement and developer' s agreements to facilitate the platting of Canterbury Park 5th Addition. The appropriate documents have been prepared by or approved by the City Attorney for Council consideration. 1. Release of easement When Canterbury Park 2nd was platted, Secretariat Drive dead- ended. The developer was required to provide an easement for a cul-de-sac to the west of Secretariat Drive, should the development never extend to the west. The easement area is located within the Seagate parcel and immediately west of the vacated Secretariat Drive. The City has no need to retain the easement. Canterbury Park 5th Addition and Seagate April 30, 1998 Page -2- 2 . Release of developer' s agreements The improvements and prk Ctrburydedication Parkidentified Canterbury developer' s agreements for bothCanterbury into Canterbury Park Park 4th for the property being p 5th Addition have been incorporated into the developer' s agreement for the Canterbury Park 5th Addition. All other conditions within the agreements have been satisfied. It is appropriate to release the agreements at this time. RECOMMENDATION: It is recommended that City Council approve the requests of Mr. Albinson. RECOMMENDED ACTION: 1 . Authorize the appropriate City Officials to execute the release of the developer' s agreements for Canterbury Park 2nd and 4th Additions. 2 . Authorize the appropriate City Officials to execute a Termination of Temporary Cul-de-sac Easement for property located west of vacated Secretariat Drive. t is\clerk\judy\cant5rel TERMINATION OF TEMPORARY CUL-DE-SAC EASEMENT This Agreement is made and entered into as of 1998, between Valley Green Business Park Limited Partnership, a Minnesota limited partnership, formerly known as Canterbury Business Park Limited Partnership (the "Developer"), and the City of Shakopee, a Minnesota municipal corporation(the "City"). Developer and the City previously entered into a No.Tempor30 arye-Sac Easement Office of the Sctott ed December 11, 1990, filed December 26, 1990, as Document County Registrar of Titles, concerning Lot 1, Block 1, Canterbury Park 2nd Addition; and Lot 1, Block 1, Canterbury Park 4" Addition, in Scott County, Minnesota; which provides that it will terminate upon the filing of a properly approved plat dedicating a public right of way extending Secretariat Drive to the west. The City has approved the filing of the plat of Canterbury Park 5th Addition, and in connection therewith the City has vacated part of Secretariat Drive in exchange for the dedication of Disk Drive in the plat, which will connect the unvacated part of Secretariat Drive with 12" Avenue North, which extends to the west. The City and Developer agree that the dedication of Disk Drive in the plat of Canterbury Park 5 Addition is acceptable as the extenion Cul-de-Sacf esire that Secretariat Drive to the west, a and the filing of the plat of Canaerbury Park 5mAddit on. Easement terminate effectivep In consideration of the dedication of Disk Drive in the plat of Canterbury Park 5" Addition to be filed with the Scott County Registrar of Titles, Developer and the City agree that the Temporary Cul-de-Sac Easement dated December 11, 1990, filed December 26, 1990, as Document No. 51530 in the Office of the Scott County Registrar of Titles, is terminated effective upon the filing with the Scott County Registrar of Titles of the plat of Canterbury Park 5" Addition. F:\USERS\BSB\W ORDDOC\VGBP\CUL-DE-S IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dated stated above. CITY OF SHAKOPEE By: Its: By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1998, byand the of the City of Shakopee, a Minnesota municipal corporation,on behalf of the corporation. Notary Public -2- F:\USERS\BSB\W ORDDOC\V GBP\CUL-DE-S VICINITY M A P No Scale STATE TRUNK WGHWAY NUMBER 101 2 cc& � N SITE 12 TH AVENUE SECRETARIAT DRIVE SHAKOPEE BY-PASS rm \ ; U \I L_ DESCRIPTION t D, Canterbury Park 2nd Addition, according to the _,,,.,,,a the Office of the Reoistror of Jpft 5.S' CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: MnDOT Purchase- Seagate DATE: April 29, 1998 INTRODUCTION: The EDA has asked to formally commit to a purchase with Minnesota Department of Transportation, for a 5.8459 acre parcel of land that will be needed for the Seagate development. BACKGROUND: The City has been negotiating with MnDOT for the purchase of a 5.8459 acre parcel of land adjacent to property owned by Valley Green Business Park,in order to accommodate the Seagate plant site. The EDA has been advised previously that the parcel had been occupied by two users who had underground fuel storage tanks on the premises. While the testing for soil contamination came up negative, Seagate has indicated that they are not willing to take title to the property under any circumstances;however,the land is critical to providing a parcel large enough for their development to take place. As a result,the City has agreed to own the property, and to allow Seagate to build and maintain a parking lot on the property. A parking lot agreement is elsewhere on the May 5th agenda. BUDGET IMPACT: The DOT did an appraisal, and had that reviewed. For the 5.8495 acres, they have determined a value of$30,000 per acre, for a total of$175,000. We have looked at that, and have determined that to be a fair price. The purchase would be made initially by Seagate up front,to be reimbursed by the "pay as you go"tax increment revenues. RECOMMENDATION: Seagate is set to close on their property purchase from Valley Green Business Park on May 6th. While the City will not have the transaction for this parcel completed for the MnDOT parcel by that time, a commitment needs to be made to purchase the MnDOT parcel at the May 5th City Council meeting. I recommend that the City Council direct that the attached document be executed. ACTION REQUIRED: If the Council concurs, it should, by motion direct the appropriate officials to execute the attached document committing to Seagate the City's intent to purchase the 5.8459 acre MnDOT property for use as a parking lot,to accommodate the Seagate proposal. • Uva Mark McNeill, City Administrator MM\tiv- Seagate 4,,NNESOT, 90 t Minnesota Department of Transportation It> Sag Metropolitan Division OF TP'� Waters Edge 1500 West County Road B2 Roseville, MN 55113 Telephone No. 582-1300 April 30, 1998 Mr. Mark McNeill - City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN. 55379 SUBJECT: C.S . 7005 (101=187) 901 Scott County Parcels 65, 66, & 67 T.H. 169 at CSAH 16 ( Eagle Creek Blvd. ) LETTER OF INTENT TO RECONVEY Dear Mr. McNeill : This letter is to verify the intent of Mn/DOT to convey lands at the subject location to the City of Shakopee. Mn/DOT has obtained all necessary approvals for conveyance of the subject lands . An appraisal has been done to determine fair market value for the subject Mn/DOT lands . At the present time, the descriptions for reconveyance of the subject areas are yet to be written. This is the last item to be accomplished in the process before the offer is made to the City for purchase. We are attempting to expedite which is difficult because of the large workload that exists in the Mn/DOT Descriptions Unit . The areas which Mn/DOT intends to sell to the City of Shakopee are shown in red on the attached map labeled 'Exhibit A' . We hope that this clarifies Mn/DOT' s intentions with regards to the disposition of Mn/DOT property at the subject site. Sincerely, 24471 eith Slater Mn/DOT-Metro Division Right-of-Way Manager KS : jjk An equal opportunity employer MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-196 STATE PROJECT NO.7005(101=187)901 IN THE WEST HALF OF SECTION 9.T.115 It.R.22 W.. SCOTT COUNTY.MINNESOTA • AMENDMENT TOE MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO.70-8 STATE PROJECT NO.70051101=1117/901 PARCEL 66 AND DELETING PARCELS 68 8 TO 1 mat R CORNER • • • 26 •11'l3=-. _ . TNE 1 ITONERROF TRANSPORTATION IfS RON FOREST DESIGNATING TNE T TO DEFINITE 16 COONNO LOCATION 0.5 MILE "ESTOP COUNTY ROAD NO. 6S. . 4 this.sl tf�prf.�°a s Hr°Srof•°.Nim...te O..sfarnt of Tr°n.a..art°t 1pn_to ntr.Oy°_flfl°d a. 0a,v4d.If ltlef tell Or0°•�r theeva. o T.Yon IS rlfn.Nt•1 StetWN.lsacs land SI.S°.IO4.*2. section Num 160.11 1. .matron IW.00 • Talo..orlon 1.5. e. RI-Il Csmm...leer•.Order OS. Law.tat misfire.0 IMerNt gelignite location. width. 75946 PLAT 70-II A0=•••. heo.►pprr, 04,4141, went .a WI 141.1 removal .recant. • EXHIBIT, At - e_,I.Ied . Co mmeOein ° Transports/Ion •.J 3tIA f y1/4 • Dirge Off ice - -9 _ rref AIgl of fey 6 Surveys ;p :61 warealyf)it„.;:Ply.eta,sae la pyo Mem ►°t.o rlrn4s. . thO. Ioep �se°plot we.?.Or7. aN*eaten IDI.ID. of N neeete Sf0 Yt1 M. sRtlon 1•/.li SW. 2 section ilo il �c�l orer.n1D•are eerra°tty d°e°rlbed and:tweet. ..en ted plat. one Met tie proposed riont-.0 .ay pev�aa'7 11n.eOo,°.�rrryecf l)aN 1pffct.d an ted PIN. e_tlfled.y x7 .e.tr y 0ZZ //735 /-s-73 Re.istered Lad S�v.Sar Reg. IN. Dat. Oftles M Right of gay I Surveys 1 I><.a7 e_``tt?y 1M Mle plot Vass arv.l.Ys w_veer w direct .w_vl.l.n sod that 1 as.Orly tlpvn en III e0let. andel tnet oil o.�/to S/1icn mar�ra°ef 71 aed ce sshemnn our to et*let. 0°rr.°tly Certified b 2243.. S3-9; • _N • WDOT grklef D1.1 R•0• IM. Dmf. N- SURVEY STANDARDS I. The pie*va� tl values. swal l .* . eve np.o{fdish:noes_re based°n ted pr•le. al t °antral rvey system. I. Tha°,l.n fY 0..o..wwane a/tapoo lflanitsC+I7°f~~ field checked tar I•e.tlay. the standard 3. The stete plane o.ardlnot.a .hevn on ane.onwant_e Yawed an flea /a notional control .enwente. 4. C_►If l.at.s of tee°tlen have teen tiled at the County Reeardar•e Office and/_ fed County Surveyor's Off's.f_ the section eerier monuments shcn an this plat. 9. Far retells of Nils survey onto,* the Surveying and l dginp Swtlen at the Minnesota Department of rraemert.tla.METRO RE{T-Gs r eON YAJ.LEY Noe e O • S CONTROL LAT 70.11 AZIWTN ORIENTATION ANO GRID CONVERSION Plot sl.rth°as_!anted t.rimaeota Stat.Plana Co_dln•t.System with 0 degrees D minutes 0 emends being•0010 00170•. t Plot distance cr.wood lengths and ooh Y.earw_t.d t.rlm..0t°Stet.Plano O-ld Iaq.fe 5y multiplying Plat 41st.....by 0. . PLAT BOUNDARY DATA - POINT DISTANCE AZIM{!TN CONVENTIONAL SnMd301S 0101-02• 2{ .00•' 1191{ '05' .. Section Line &AldineReme.et E°e.wnf._J._d..L� 0 -0 i3 110 21.46'05' Ouart_Line Rig Pares' wale- 3 e3-e2T 76.11' 21°40'04° 5i.teenth Line Access control y 127-621 10{.67' 5ShT'2s° Property Lin. *ogees Opening" • • 121-s{. 236.25. 359°0{'21'• Rig.!.rears R --�/1 Cost "ran wv.ni or rat' 0.0.1.�Iro Ile*,wlth 11.1120 570.00' 19.411'13. [mist ins 1.0.T. RIO Line Alu•n Im•Coe 0620-1117 250.00' I7!•06'30"• Ira Now epee ll/g•s ... 3141• 0.0.7. Iron Iln 51174116 54.112' 171.01'30'' Reuraal 1171 .. Otter Iron llarwnent o Ct .,T 011{-0101 IT{.Ss' 179°0{'30° Private hate[e.e.anf tondr.r.or I.pr.nenf o ew1-022• 037.fel' 299.1{'OS° /wears],Easement =IL-, AID 1ora.ry earner _,_� 122-623 340.32' 21(034.4e OI$YANcts SNOW 10 0117 1 66. 60 ETC. I OK ESIRINSIC VALUES. cJ 023-024. 252.95' 242°40'11° - 524-125. $50.75' 206°00'51r . 025-020 200.63' 202°57'11° • 120-0710 41.43' 225.35'011° 0210.5109 351.67' 3S9°01'2° 1 .la t«t 5701-6601 374.55' 351.01'20" r 1�� Td1 •ON LOT LINE . NOTE. TEMPORARY EASEMENTS IN PUBLIC ROADS EXPIRE ON 12- 1-96. Doc• NO. 314234 OFFICE Of COIMTr RECORDER SCEEOIT COIDINTT7.IIINNN.//LL TN S . -- - - •NtSEBEEN iya IN7 TN[S fICE 900A OOff OOCC>11"(('"`Y..dA IN PLAT NO. 70-19 , RIGHT OF WAY IN KILLARNEY HILLS AOOITION 6 SECTION 9 • PARCEL OWNER LOCATION ,•6 N 'mallbe '�,=:. bob Mare,u, .amll II uw. 66 CITY OF SHAKOPEE LOTS 2-861I.BK.1 252058 287 12-1-96 FEE LOTS 6 6 7 .BK.4 . LOT I.BK.S.O.L. E • VAC.SHARON PKWY. • . I 6 TYRONE DRIVE KILLARNEY HILLS NW1/45W1/4 ""., aides. CAST IRON MON. SECTION 9 . 2.07 • AT OUARTER CORNER 68 PARCEL DELETED rime STATE PLANE TO PARCEL DELETED C0016.. SOUTH TOLE . 3 ATSOUI QUARTER TERON I1 X• 1Cl Y• ISO.3��'1� 0 DATW. NAO.27 CANTERBURY PARK 2ND ADD. ounor s t—31S1.re T • I CITYEAST 1/•uK' " nJltcc K�'w� s�•�'-- _ - 9920 AT als C ar v I Y R/t� 2 • t SO' MOM core. 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W t Z R r r• +, I 7 I ti UP N M• 1 I-'1 r j V M11� '^ •Q ' ' h -4A.. � t1 • t� 173 , ' bn 55 N0 irk;S �' '� % .. . �1h►^ "1 v r;si 0;si V42U C ID I ,�• in f'• MVq 1 s,..lR1t 1• �• 1Kut Q r °, o Os - Z\ I . 4 :/ ,& 4Lt 1 80 Es o �� l k•5ts 31111 ISIS • _-- - •-- --„Ot.lo.lSc .LO•litt-- E. ,IC'11L a \ t-0 = e l 1�1/Yb ' "mum, 1-01 1,11"OM • ISE, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 15.E.7. - MnDOT Purchase - Seagate DATE: May 4, 1998 The memorandum in your packet on the above subject listed an action for the City Council to do, that of"executing the attached document". That memo was written anticipating that there would be something in excess of the letter of intent which was provided by the Minnesota Department of Transportation. Seagate had requested a purchase agreement between the City and MnDOT at the Council meeting, but until a legal description is done by MnDOT(they apparently are not accepting of the one from Valley Green Business Park),there is nothing further that can be done. This has been relayed to Seagate who is apparently OK with this, in preparation for their closing with VGBP on Wednesday,May bth. Therefore,no action will be needed; this agenda item will be a status report for you. Aft N J Mark McNeill City Administrator MM:tw