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05/19/1998
_P do • TENTATIVE AGENDA ' CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA MAY 19, 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 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 5 9] Re-convene *10] Approval of Minutes: *11] Approve Bills in the Amount of$636,994.67 12] Communications: 13] Public Hearing on the proposed improvements to 17th Avenue from 1/4 mile west of CSAH 17 to CSAH 17 and for the extension of sanitary sewer and watermain to 17th Avenue, Project No. 1998-4 - Resolution No. 4913 14] Recommendations from Boards and Commissions: A] Preliminary Plat of Pheasant Run located, located north of Valley View Road and east of Prairie Village plat-Resolution No. 4907 *B] Final Plat of Stonebrooke 3rd Addition, located south of CR 78 and east of CR-79 - Resolution No. 4908 41, TENTATIVE AGENDA May 19, 1998 Page -2- 15] General Business A] Public Works and Engineering 1. Accept Feasibility Report on 17th Avenue from Sarazin Street to 1/2 mile east of Sarazin Street, 1998-5 -Resolution No. 4903 2. Approving Plans and Ordering Ad for Bids for Vierling Drive from Sage Lane to Miller Street,Project No. 1998-2-Resolution No. 4914 B] Police and Fire 1. Fire Station Grand Opening Issues *2. 1997-1998 Police Liaison and Educational Services Agreement *3. Furniture for New Fire Station 4. Radio Systems for New Apparatus C] Park and Recreation D] Community Development 1. Weston Ponds-Amended Resolution of Final Approval-Res.No. 4909 *2. Set Public Hearing on Vacation of Blanket Easement(1016 Apgar St. S.)- Resolution No. 4912 *3. Set Public Hearing on Vacation of Right-of-Way Easement(Adjacent to 1005 S. Miller)-Resolution No. 4915 4. Planned Unit Development Ordinance *5. Purchase of Liability Insurance by Suburban Transit Association(STA) *6. Purchase of Computer 7. Appeal of Board of Adjustment&Appeals Conditions on Conditional Use Permits for the Expansion of the Junior and Senior High Schools 8. Robert Schilz,Jr.Appeal of Board of Adjustment&Appeals Decision Regarding Variance to Building Setbacks and Parking Requirements E] General Administration *1. Temporary Beer Licenses- Shakopee Jaycees *2. Waste Management Contract Amendment-Yard Waste Bins —OJ Q_.nC 2, — *3. Derby Days 4. City Newsletter 5. Setting Bond Sale for 1998B G. O. Improvement Bonds-Resolution No. 4910 16] Other Business J TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,IVIINNESOTA Adjourned Regular Meeting May 19 1998 1. Roll Call at 7:OO p.m. 2. Approval of the Agenda 3. Financial A] Approval of Bills !, 4. Other Business 5. Adjourn [1: oda. ] -5,4q1 CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: May 14, 1998 Introduction Attached is a listing of bills for the EDA, the Blocks 3&4 projects and Seagate for the period 05/01/98 to 05/14/98 . Action Requested Move to approve bills in the amount of $42 . 04 for the EDA General Fund, $367 .50 for the Blocks 3&4 Funds and $7,402 . 51 for Seagate. E+ I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1$ H I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 II W(24 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O II 0 I I U1 01 er 11 1' 0 0 0 0 0 o O 0 o O H O H H H UI II Ey I H CO O 0 O Lc) 0 U) 111 U1 0 0 0 0 O (-- U) U CO ) U1 O II II H I 01 N N N N N O N N N 0 O O 0 co m o N N N N it W I rI N d' I' d' CO M H H H U) U) (n U1 r1 lO•N-_ 0 0 0 H 11 111 I A I H N N N H H H H OM N -Tr er Tr O II M M t` N N N it I H II q U] II O >+ II ax M = M = = Z U] U] a HO 00 0 000 II 1 II co co co II 01 o1 01 II CO II 01 M to IO U1 it . 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W H w pa H W ti. H H 01 0) 0 0 0 0 O 0 O O O Q a a E+ 000 0 N 4, H H E * 0) 01 E F * (- * 0 0 0 le ri ri 0 0 * m M 0 0 * w 0 0 * Lt) U) L) 0 0 * ; * G. H '-I H H * er. V' H E+ * d. H H * V' cr cr. H H * * CITY OF SHAKOPEE Memorandum r ,r-CONSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: May 14, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 05/14/98 . 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) , Blocks 3&4 (codes 9439 & 9447) and Seagate (code 9450) in the amount of $7, 812 .05. Action Requested Move to approve the bills in the amount of $636, 994 . 67 . I1 r CITY OF SHAKOPaB EXPENSES BY DEPARTMENT 05/14/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 65,330 760 16,468 25 12 CITY ADMINISTRATOR 225,000 5,974 61,969 28 13 CITY CLERK 182,430 4,744 55,553 30 15 FINANCE 326,090 8,757 86,173 26 16 LEGAL COUNSEL 253,500 5,345 101,569 40 17 COMMUNITY DEVELOPMENT 474,700 11,090 138,738 29 18 GENERAL GOVERNMENT BUILDINGS 153,890 5,273 32,280 21 31 POLICE 1,786,920 68,482 621,468 35 32 FIRE 482,560 4,903 124,962 26 33 INSPECTION-BLDG-PLMBG-HTG 261,400 8,292 73,929 28 41 ENGINEERING 442,010 14,194 127,792 29 42 STREET MAINTENANCE 828,580 10,096 195,100 24 44 SHOP 125,890 4,936 36,569 29 46 PARK MAINTENANCE 373,940 17,245 113,025 30 91 UNALLOCATED 635,480 129 362,473 57 TOTAL GENERAL FUND 6,617,720 170,220 2,148,068 32 17 COMMUNITY DEVELOPMENT 485,570 675 116,294 24 TOTAL TRANSIT 485,570 675 116,294 24 19 EDA 156,600 1,842 18,389 12 TOTAL EDA 156,600 1,842 18,389 12 ri . m , 171 GS a a a a a a as as a a a aaaaaaaaa a as xx xxxxx x H H H H H H H H H H H H H H H H H H H H H H H H O O 0 0 0 0 0 0 a as 0 al 1 E O o a z1 0 C) a co Ca w co ao 01 U o N E Co CO C1 CA CO CO aD ao a0 ao co 00 ao a0 CO a0 0 co m m H 01 ri ul 01 01 U)U) C1 01 C1 01 01 C1 C1 01 Q.C1 C1 01 C1 C1 C1 C1 U)l0 l0 l0 I.- N O 0 w \ s 00 . . . . . . . . . . . . . . x . • erU) MMMMM a) 0 3 0 co co U m al 01 C1 01 01 er >+ M >+ N >+}� >+>+>+>+ >+7+7i>+ >+>+ U)U) UI U)U)U)U1 U) H g r- 01 r!] ri Hl 4 4 4 4Q 4 4 ri ri to W U2 VD to 0 N A in in ZZEzzXXxZE222 0Z UlU) ririHlrIri o 10 0 0 In N. 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CO 01 0 0 0 0 0 0 0 U 0 H H N N M co sN d, V' Vi U1 H co 14 to CO Cl. 0 H H w ea w a w Na w w N N N N N CO H tt VU 0t 3t 3t 3t St 4t 4t 3t = 0t 4t 4t 0t 7t 0t = c°) w w w w oc. w Cu w w w cc. w Cr. w Cu w w w 13 CITY OF SHAKOPEE 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 19, 1998 INTRODUCTION: Attached is Resolution No. 4913, a resolution ordering the improvement and preparation of plans and specifications for 17th Avenue from 1/4 mile west of County State Aid Highway (CSAH) 17 to CSAH 17, Project No. 1998-4 for the installation of sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting, turn lanes and any appurtenant work. BACKGROUND: On April 7, 1998, the City Council adopted Resolution No. 4880, ordering the preparation of a feasibility report for the improvements listed above. The feasibility report has been completed and submitted to City Council on May 5, 1998. At that meeting, Resolution No. 4893, a resolution receiving a feasibility report and calling for a public hearing was approved and set the public hearing for May 19, 1998. Staff did conduct in informational meeting on May 11, 1998 to the affected property owners, in which four persons attended. At this informational meeting comments on the project were generally in regard to utility hookups for the existing homeowners in the project area. Staff will further comment on the issues discussed during the presentation to the City Council at the public hearing. At the conclusion of the public hearing, if City Council determines that this project should be constructed, attached is Resolution No. 4913 which orders plans and specification prepared for the project. ALTERNATIVES: 1. Adopt Resolution No. 4913, which orders plans and specifications for this project as recommended by the feasibility report. 2. Adopt Resolution No. 4913, which order plans and specifications for this project as recommended by the feasibility report and as amended by City Council. 3. Move to authorize the appropriate City officials to execute a consultant extension agreement, with Bolton & Menk, Inc., for consulting services to complete the plans and specifications for the improvements. 4. Determine that this project should not be constructed and deny Resolution No. 4913. 5. Table Resolution No. 4913 for additional information. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 3. ACTION REQUESTED: 1. Offer Resolution No. 4913, A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for 17th Avenue, from 1/4 Mile West of County State Aid Highway 17 to County State Aid Highway 17, Project No. 1998-4. 2. Move to authorize the appropriate City officials to execute a consultant extension agreement, with Bolton & Menk, Inc., for consulting services to complete the plans and specifications for the improvements. Ate Bruce Loney Public Works Director MEM4913 RESOLUTION NO. 4913 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For 17th Avenue, From 1/4 Mile West Of County State Aid Highway 17 To County State Aid Highway 17 Project No. 1998-4 WHEREAS, Resolution No. 4893 adopted on May 5, 1998, fixed a date for Council hearing on the proposed improvement of 17th Avenue from 1/4 mile west of CSAH 17 to CSAR 17, Project 1998-4, with the installation of sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting, turn lanes and any appurtenant work as described in the feasibility report and as amended for the project; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 19th day of May, 1998, at which all persons desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is ordered as hereinafter described: 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1998-4 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 MAY-15-98 FRI 07:59 BOLTON & MENK, INC. FAX NO. 6128908065 P. 01 /\1\ BCS L rCDN & M Consulting Engineers &Surveyors 1515 East Highway 13 • Burnsville, MN 55337-6857 May 15, 1998 Phone(612)890-0509 • FAX(612)890-8065 Post-it°Fax Note 7671 Ott ,/,,< / 6 Ip s / Mr.Bruce Lone P.E. T%ice- /5 v % o".-0 from`-/r/- J A/ s'', Loney, 7� Public Works Director/City Engineer C lDcr' ili >, l k,b °o' 1'12 City of Shakopee Phone s Afrx/.- 7 .-0 P"nne#46),p0-c 5 129 Holmes Street South . Fax* yA/G--6,7/61 Fax* lO Shakopee,MN 55379-1351. RE: . Estimate of Cost to Provide Professional Engineering and Surveying Services 17th Avenue Utility and Street Improvements Plans and Specifications Shakopee Project No. 1998-4 BMI Project No.TC98.0054 Dear Mr.Loney: In accordance with Section I-C-2(Major Projects)of our Agreement for Professional Services with the City of Shakopee,this extension agreement is written to provide you with an estimate of cost for professional engineering services for the above-referenced project. We are proposing to complete the plans and specifications for this project on a cost reimbursable basis with a maximum cost-not-to-exceed of$26,500.00. We are available to commence the required surveying and engineering work as soon as authorized by the City,and we would anticipate submittal of the draft documents to the city within four(4)weeks for your review and comment. The final documents would be delivered to the City of Shakopee within one(1)week of receipt of the city's comments. The City of Shakopee agrees to reimburse Bolton&Menk,Inc. (BMI) for these services in accordance with Section IV of the Agreement for Professional Services. If this extension agreement meets with your approval,please sign below and return one(1)of the two(2) enclosed copies to our office. Sincerely, • Bask TON& ra INC. 0 ' - / City Administrator es E.Jo a' on,PE Office Manager City Clerk . Enclosures(2) Mayor Date MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN AMES,IA LIBERTY, MO An Equal Opportunity Employer iti. �. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Beth Handrich, Planning Technician SUBJECT: Preliminary Plat of Pheasant Run DATE: May 19, 1998 INTRODUCTION&BACKGROUND: Raymond Ames is requesting Preliminary Plat approval of a development to be known as Pheasant Run. The property is located east of the Prairie Village plat and north of Valley View Road (please refer to Exhibit B of attached March 5th memo). The subject site is 105.9 acres and 263 single family lots are proposed. The Planning Commission opened the public hearing at its March 5th meeting and discussion was continued to April 23rd in order for an Environmental Assessment Worksheet (EAW) to be completed. The EAW was completed and comments were due by April 22nd. At its April 23rd meeting, the Planning Commission was asked to continue the public hearing to May 7th in order to complete responses to those comments received. The City Council did make a negative declaration on the need for an Environmental Impact Statement (EIS) at its May 5th meeting. ALTERNATIVES: 1. Approve the Preliminary Plat of Pheasant Run subject to conditions as presented. 2. Approve the Preliminary Plat of Pheasant Run subject to revised conditions. 3. Do not approve the Preliminary Plat of Pheasant Run. 4. Table action on this item and request additional information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission did review the proposed development at its May 7th meeting and a motion was offered and approved to recommend approval of the Preliminary Plat of Pheasant Run, with added conditions, to the City Council. The added conditions address street naming and temporary cul-de-sac issues. These conditions have been incorporated into the conditions of approval. ACTION REQUESTED: Offer and approve Resolution No. 4907, approving the Preliminary Plat of Pheasant Run with conditions. eth Hand Planning Technician is\commdev\cc\1998\cc0519\phsrunpp.doc RESOLUTION NO. 4907 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE PRELIMINARY PLAT OF PHEASANT RUN WHEREAS,Raymond Ames is the applicant and owner of said property;and; WHEREAS,the property upon which the request being made is legally described as: The Southeast 1/4 of the Northwest 1/4 of Section 17, Township 115, Range 22, Scott County, Minnesota. That part of the East 1/2 of the Southwest 1/4 of Section 17, Township 115, range 22, Scott County, Minnesota, lying North of the center line of County Road No. 79. Except the following described parcel: Beginning at the Northwest corner of said East 1/2 of the Southwest 1/4; thence South 89 degrees 33' 33"East along the North line of said East 1/2 of the Southwest 1/4 a distance of 21.00 feet; thence South 00 degrees 26' 14"East a distance of 1301.77 feet; thence South 1 degree 02' 06"East a distance of 227.00 feet; thence South 2 degrees 15' 14" East a distance of 217.00 feet more or less to the center line of County Road No. 79; thence Northwesterly along said center line to its intersection with the West line of said East Half of the Southwest Quarter; thence Northerly along said West line to the point of beginning. ALSO: All that part of the following described property: That portion of the East Half of the Southwest Quarter of Section 17, Township 15, Range 22, Scott County,Minnesota, described as follows: Beginning at the Northwest corner of said East Half of the Southwest Quarter; thence South 89 degrees 33 minutes 33 seconds East along the north line of said East Half of the Southwest Quarter a distance of 21.00 feet; thence South 00 degrees 26 minutes 14 seconds East a distance of 1301.77 feet; thence South 1 degree 02 minutes 06 seconds East a distance of 227.00 feet; thence South 2 degrees 15 minutes 14 seconds East a distance of 217.00 feet more or less to the center line of County Road No. 79; thence Northwesterly along said center line to its intersection wit the West line of said East Half of the Southwest Quarter; Thence Northerly along said West line to the point of beginning. Which lies Northerly of the Northerly line and its Easterly extension of the following described property: All that part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota, described as follows: Starting at he Southwest corner of said Section 17, Township 115, Range 22, and running thence North on the section line 1395.0 feet to the center line of County Aid Road No. 80; thence South 73 degrees 23 minutes East along the center line of said road at an angle of 106 degrees 37 minutes to the right 714.0 feet; thence North parallel to the section line 125.0 feet; thence East at an angle of 90 degrees 35 minutes to the right 486.7 feet to the point of beginning of land herein to be described; thence South and parallel to the East line of the Southwest Quarter of the Southwest Quarter a distance of 302 feet to the center line of County Aid Road No. 80; thence Southeasterly along center line of said highway a distance of 241 feet to the intersection of the East line of said Southwest Quarter of the Southwest Quarter; thence North on said quarter quarter line 433.1 feet; thence West 200.0 feet to the point of beginning WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat of Pheasant Run on March 5, April 23, and May 7, 1998, and has recommended its approval with added conditions;and; WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary Plat of Pheasant Run is hereby approved subject to the following conditions: A. By the time of any Final Plat application, a storm water management plan for the plat shall have been approved by the City Engineer and MnDOT. B. The Final Construction Plans and Specifications must be approved by the City Engineer and SPUC Utilities Manager prior to construction. C. Outlot A shall be dedicated as park land in lieu of park dedication fees. D. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 3. The developer shall provide easements, as required by City Code, including access easements to the ponding area. 4. The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 5. No building permits shall be issued for outlots B, C, D, E, F, or G until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. 6. The developer shall sign a petition and waiver for the improvement of Valley View Road. 7. The developer shall construct a temporary cul-de-sac to prevent access to Valley View Road until such time that Valley View Road has been improved and shall provide easements to the City. 8. The Final Plat drawingshould show that the streets shown as Parkridge g Way and Parkridge Court have been renamed. 9. The Final Plat drawing should show that the streets shown as Ridge, Run, and Way have been renamed to reflect existing street naming (i.e. Street, Lane, Drive, Road, etc.). 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 Pheasant Run. 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 a 5 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Beth Handrich, Planning Technician SUBJECT: Preliminary Plat of Pheasant Run DATE: May 7, 1998 INTRODUCTION&BACKGROUND Raymond Ames is requesting preliminary plat approval for a development to be known as Pheasant Run. At the March 5th Planning Commission meeting, a motion was offered and approved to continue the public hearing to April 23rd in order to complete an Environmental Assessment Worksheet (EAW). The EAW was completed and published for review on March 23rd and comments were due by April 22nd. The City Council will review the EAW at its May 5th meeting and staff is anticipating that a negative declaration on the need for an Environmental Impact Statement (EIS) will be made. Please find attached the March 5th memorandum detailing staff's findings of this application. Additional comments were received regarding this application after the review deadline and have been attached as Exhibit A. In response to Scott County Highway Department comments (Exhibit A), staff has the following to offer. The development will have no impact on the future alignment of 17th Avenue. Traffic from the proposed Pheasant Run will be able to travel to the west and connect with either Brittany Drive or Sarazin Street. Another collector street is proposed as land to the east develops. ALTERNATIVES I. Recommend to the City Council the approval of the request for approval of the preliminary plat of Pheasant Run, subject to the following conditions: A. The approval of this project is contingent upon the negative declaration for the need of an EIS. B. Prior to approval of the preliminary plat by City Council, the following condition shall be met: 1. A storm water management plan for the plat shall be approved by the City Engineer and MNDOT. C. As part of the application for Final Plat, the applicant must submit the following: • 1. The Final Plat drawing should show that the streets shown as Parkridge Way and Parkridge Court have been renamed. D. Outlot A shall be dedicated as park land in lieu of park dedication fees. E. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and the SPUC Utilities Manager. 4. The developer shall provide easements, as required by City Code, including access easements to the ponding area. 5. The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. 6. No building permits shall be issued for outlots B, C, D, E, F, or G until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. 7. The developer shall sign a petition and waiver for the improvement of Valley View Road. 2. Revise the conditions recommended by staff, and recommend approval of the preliminary plat of Pheasant Run to the City Council subject to the revised conditions. 3. Recommend to the City Council the denial for the request of the preliminary plat of Pheasant Run. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. r STAFF RECOMMENDATION Staff recommends Alternative No. 1, recommending approval of the preliminary plat of Pheasant Run to the City Council. ACTION REQUESTED Offer a motion to approve the preliminary plat of Pheasant Run to the City Council and move its approval. Beth Ha.if'ch Planning 'echnician i:\conundev\boaa-p61998\0507\PPPhsnutdoe EXHIBIT, A SCOTT COUNTY JEMMIED w , k PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT .-d 2 1998 ' • 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 • (612)496-8346 BRADLEY J. LARSON Fax: (612)496-8365 ASSOCIATE ADMINISTRATOR February 25, 1998 Mr. Michael Leek City Planning Department City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Subject: Preliminary Plat of PHEASANT RUN in Shakopee East of CSAH 17/ northerly and adjacent to Valley View Road in Section 17 Dear Mr. Leek: We have reviewed the preliminary plat and construction plans of Pheasant Run as it relates to Highway Department issues and offer the following comments or concerns: The project isn't adjacent to any County Highways and therefore does not have any direct impacts to our system. However, we have the following indirect impacts to our system: • In past review of your Draft Transportation Plan you have shown a future extension of 17th Avenue and suggested that this extension has the potential to become a County Highway in the future. Please provide comments regarding any impacts this development may have on that future alignment. • We also may have a concern with the development of the City street system. With the information provided, it appears the street system extends north from Valley View Road and may not provide for the north/south connections between east/west collector streets (i.e. future 17th Avenue extension). The road system seems to loop westerly, and eventually adding all the traffic back onto CSAH 17. There needs to be a City street grid system for collector roads to enable the County to provide access management on minor arterials like CSAH 17. That will allow the County to provide adequate spacing for traffic signal systems and allow for good traffic flow for the residents of Shakopee. We would be glad to meet with City staff regarding this matter. Thank you for the opportunity to comment. Sincerely, SCOtt...).4441&46> Scott Merkley Transportation Manager c: Brad Larson - County Engineer Bruce Loney-City Engineer Mr. Raymond Ames -Ames Construction An Equal Opportunity/Safety Aware Employer sm:\adm\review\plat.doc L _ • CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Beth Handrich, Planning Intern SUBJECT: Preliminary Plat of Pheasant Run DATE: March 5, 1998 SITE INFORMATION Applicant: Mr. Raymond Ames Location: North of Valley View Road and East of Prairie Village Current Zoning: Urban Residential (R1-B) Adjacent Zoning: North: Agricultural (AG) South: Valley View Road/Rural Residential (RR) East: Agricultural (AG) West: Agricultural (AG)/Urban Residential (Rl-B) Comp. Plan: Single Family Residential Area: 105.9 Acres MUSA: This site is within the MUSA boundary. INTRODUCTION Raymond Ames is requesting preliminary plat approval for a development to be known as Pheasant Run. The proposed development is 105.9 acres and consists of 263 single family lots. The property is located north of Valley View Road and east of the Prairie Village plat (please see Exhibit B) and it is currently zoned Urban Residential (R1-B). CONSIDERATIONS 1. The subject site is 105.9 acres and 263 single family lots are being proposed. City Code requires that the maximum density for the R1-B district be 5 (five) dwelling units per acre. The density for this development is 3.1 dwelling units per acre. 2. Outlot A is intended to be dedicated as park land. The area is 9.51 acres in size and is a total of 11 (eleven) percent of the site, which does meet the park dedication requirements. Although the 1995 Comprehensive Plan does not identify this area as a future park, it should be noted that the land to the north of this development is being proposed for the new elementary school and park site. For this reason, the dedication of land will be accepted rather than park dedication fees. 3. The Preliminary Plat includes the creation of outlots B, C, D, E, F and G. These outlots as proposed do not meet the required criteria for lots. It is the applicant's intention to combine these outlots with adjacent properties in the future. No building permits shall be issued for the outlots until such time as they have been replatted or combined with other properties so that they meet the City's design standards. 4. The preliminary street plan shows that there will be a Parkridge Way and a Parkridge Court. Because there is an existing Park Ridge Drive and a Park Ridge Circle within the City, staff is requiring that these streets be renamed at time of final platting. 5. The Building Department has commented that road access will be required for emergency and inspection purposes and the plat must comply with compaction requirements for building pads. 6. The Assistant Fire Chief has commented that the plat shall be subject to review of hydrant locations. 7. The Engineering Department has reviewed the plat and has provided comments which can be found in Exhibit A. 8. In preliminary discussions with the developer, a slightly different plan was presented. When the current preliminary plan was reviewed, it came to staff's attention that the number of residential lots had increased. The Environmental Quality Board (EQB) mandates that a Environmental Assessment Worksheet (EAW)be completed when 250 or more unattached units are proposed in a city within the seven-county Twin Cities area that has adopted a comprehensive plan. Being that 263 unattached units are being proposed with this project, an EAW becomes mandatory. ALTERNATIVES 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Pheasant Run, subject to the following conditions: a) Prior to approval of the preliminary plat by City Council, the following condition shall be met: i) A storm water management plan for the plat shall be approved by the City Engineer and MNDOT. b) The approval of this project is contingent upon the negative declaration for the need of an EAW. c) As part of the application for Final Plat, the applicant must submit the following: i) The Final Plat drawing showing that the streets shown as Parkridge Way and Parkridge Court have been renamed. d) The maximum density allowed in the Rl-B zoning district is five dwelling units per acre, excluding public right-of-way, as required by City Code. The development, as shown, is 3.1 dwelling units per acre. e) Outlot A shall be dedicated as park land in lieu of park dedication fees. fl The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. iii) The Final Construction Plans and Specifications must be approved by the City Engineer. iv) The developer shall provide easements, as required by City Code, including access easements to the ponding area. v) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. vi) No building permits shall be issued for outlots B, C, D, E, F, or G until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. vii) The developer shall sign a petition and waiver for the improvement of Valley View Road. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat of Pheasant Run to the City Council subject to the revised conditions. 3. Recommend to the City Council the denial for the request of the Preliminary Plat of Pheasant Run. 4. Continue the public hearing in order to allow time for the applicant to prepare an EAW or make any necessary revisions to the plat in order to eliminate the need for an EAW. STAFF RECOMMENDATION Staff recommends Alternative No. 4, continuing the public hearing to allow the applicant time to prepare an EAW or make any necessary revisions to the plat in order to eliminate the need for an EAW. ACTION REQUESTED Offer a motion to continue the public hearing of the Preliminary Plat of Pheasant Run and move its approval. / Beth . ch Planning Intern i:\commdev\boas-pc\1998\0305\phsnmpp.doc EXHIBIT A City of Shakopee Memorandum TO: Beth Handrich,Planning Intern FROM: Joel Rutherford, Assistant City Engineer/24/. SUBJECT: Preliminary Plat Application-Pheasant Run DATE: February 24, 1998 After reviewing the drawings that were submitted for the referenced application, I have the following comments for the applicant, and for the planning department: Streets Internal Streets This development shall consist of all local roads with 60 foot right-of-ways, and 36' streets (face to face). The right-of-ways are shown to be 60 feet, and the streets appear to be 36 feet. Access/Connections to Adjacent Streets On the west side of the development, connections are shown to the Prairie Village development. On the north side, the development ties into the street proposed by the school district for the new school site. Adequate access is provided for on the east side, as well. On the south side, one connection is proposed to Valley View Road. Valley View Road is currently not paved, and Council has not yet authorized the improvement of this street. The Draft Transportation Plan proposes this roadway to be a collector street, so one access would be appropriate. The 50' feet of right-of-way dedicated for the plat is adequate. Depending on the phasing of the Pheasant Run development, Council may want to look at improving this street. As part of the approval for the development, the developer should sign a waiver for the future improvement. At the ends of the stubs, the developer will be required to install temporary cul-de-sacs. These cul-de-sacs must be approved by the City Engineer,during review of the final construction drawings. Wetlands The applicant has provided information which indicates no jurisdictional wetlands exist on the property. A certificate of exemption must be applied for, with a$75.00 filing fee. Storm Sewer The developer has prepared a storm water management plan which indicates the development meets the City's criteria for ponding and discharge rates for the site. The City will be need to work with the School district and land owners downstream to develop a storm water management plan for the entire sub-watershed. Sanitary Sewer/Water The site can be served with sanitary sewer,with a connection to the City's trunk system, located about 180 feet north of the site. An easement would be required from the property owner to the north. It is staff's understanding that this easement will be obtained by the developer, either from the school district, if the district purchases the property, or from the current land owners. The developer's engineer has asked staff to determine sizing and location for a trunk sanitary sewer system through the plat. Staff will work with them, and the developer, to determine oversizing costs, and how the cost for constructing the trunk sanitary sewer will be shared between the City and the developer. The developer will need to work with the Shakopee Public Utility Commission regarding water availability. Recommendation Recommend approval of the preliminary plat for the proposed plat, subject to the following conditions: A) Prior to recording of the Final Plat, the following actions must be completed: 1) Execution of the Developers Agreement,which shall include provisions for payment of the Trunk Storm Water Charges,Trunk Sanitary Sewer Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule; 2) The Final Construction Plans and Specifications must be approved by the City Engineer; and 3) The developer shall provide easements, as required by City Code, including access easements to the ponding areas. Mill; , . 7. >� 1� •% itt;ice - r.a r -.. K if.' , ,t,.,..(:,. sf• 1 ' .... .-. "ttlige. - - tit--. . I • Aa t AG •����; S �'• '�'4c liAk A, . AlA 16 ; , . • SUBJECT SITE> .. 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I.-. 144( Mg; i ill „., 1 • * figi .0 '''''\% ‘,,. / 7.4 i a F / ` I 'vigil* � 4 44 1 —00, I. .i....../.%.,:.:.....(:,.N. �'�' . •land@ c1' : i "�' *%.`��._ . rn IR ii 1 . . . , I . 1 . > . r__ her- . c) / ,. ..I_- 1 . -. I' . ../ - II41I .. o/ m Itil a .__ M.�...._ \ ` Lit_ _L . I I 1 g t r;. 11.',11 311:AO 4/1 3a \� ` 1— ..nrr.r[w•.w ki— 1fr ii —1- 11II -- PHEASANT RUN "�=-� James R. Hill inc. $a PRELIMINARY PLAT « PLANNERS as/DICKERS/SUR1ErU S � sea I CR A 7R 1a 114 low W IOW .. !I ml imam coat. MOO ---_.. 40-4144 911741444 EXHIBIT C I ri, 3 , CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat for Stonebrooke 3rd Addition DATE: May 19, 1998 Discussion Laurent Land Development, Inc. is requesting Final Plat approval of Stonebrooke 3rd Addition. The subject site is located east of County Road 79 and south of County Road 78. A copy of the May 7, 1998, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Final Plat of Stonebrooke 3rd Addition, subject to conditions recommended by the Planning Commission and staff 2. Revise the conditions of approval for the Final Plat of Stonebrooke 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Stonebrooke 3rd Addition. 4. Table action on this item and request additional information from the applicant and/or staff Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Stonebrooke 3rd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 4908, A Resolution Approving the Final Plat of Stonebrooke 3rd Addition, subject to conditions, and move its approval.4•,„,, X12 ( Julie Klima Planner II i:\commdeocc\1998\oc0519\fpstbr3.doc RESOLUTION NO.4908 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF STONEBROOKE 3RD ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for Stonebrooke 3rd Addition on May 7, 1998, and has recommended its approval; WHEREAS,the property upon which the request is being made is legally described as follows: Outlot F, Stonebrooke 1st Addition and Outlot A, Stonebrooke 2nd Addition, according to the plat on file and of record in the Office of the County Recorder, Scott County, Minnesota. WHEREAS,all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for Stonebrooke 3rd Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) 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. d) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of $900.00 per dwelling unit shall be required. 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. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. 4. The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 5. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 6. Separate easements shall be provided for all off-site septic systems prior to the recording of the Final Plat. Documentation verifying the locations of these sewer easements shall also be provided to the City prior to their recording. 7. The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary permits for the proposed subdivision prior to the recording of the Final Plat. 8. The applicant shall submit verification the Minnesota Pollution Control Agency has approved the stormwater permit for the proposed subdivision prior to the recording of the Final Plat. 9. Individual sewage treatment sites must be protected during grading and utility construction. 10. The Common Interest Community (CIC) declarations shall be filed with the Final Plat. 11. A property owner's association or maintenance agreement for the shared driveways must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to access, and to charge the cost of such maintenance back to the property owners. 12. The Final Plat shall comply with the requirements of the Planned Unit Development for Stonebrooke. 13. Access for Lot 1, Block 1, shall be a shared access taken from the existing access along the common lot line to the lot to the west. 14. Access for Lot 4, Block 1, shall be a shared access taken from the existing access along the common lot line to the lot to the east. 15. Access for Lots 2 and 3, Block 1, shall be a shared access created along the easterly property boundary of Lot 2 and along the westerly boundary of Lot 3. That is the only new access that will be allowed onto CSAH 78. 16. An access permit will be required for the Lot 2 and Lot 3 shared access onto CSAH 78. 17. All access for the lots included in Outlot A shall be taken from internal streets. 18. Provide drainage calculations for any drainage entering the County right-of-way. This should include the existing and proposed conditions and a summary denoting any change. 19. No ponding, signing,beaming or landscaping will be allowed within the County right-of-way. 20. Any grading or utility work required within the County right-of-way will require a permit prior to the work commencing. 21. All proposed easements, as required by the subdivision ordinance shall be added to the drawings. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 (0 • CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Stonebrooke 3rd Addition MEETING DATE: May 7, 1998 Site Information: Applicant: Laurent Land Development,Inc. Location: East of County Road 79 and South of County Road 78 (See Exhibit A) Current Zoning: Rural Residential/PUD Overlay Adjacent Zoning: North: Rural Residential (RR) South: Rural Residential/Agricultural Preservation (RR/AG) East: Agricultural Preservation (AG) West: Jackson Township Comp.Plan: 1995: Single Family Residential Area: 6.67 Acres MUSA: The site is not within the MUSA boundary. Introduction Laurent Land Development,Inc. is requesting approval of the Final Plat for Stonebrooke 3rd Addition (Please see Exhibit B). The subject site is located east of County Road 79 and south of County Road 78. Considerations The Stonebrooke development has received Planned Unit Development (PUD) and Preliminary Plat approval by the Shakopee City Council. The final plat, as submitted, is in substantial conformance with the approved PUD and Preliminary Plat. ♦ f The Engineering Department has reviewed the submittal materials and has provided recommendations and comments. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. The Building Official has commented that individual sewage treatment sites must be protected during grading and utility construction. The Scott County Highway Department has provided the following comments: • Access for Lot 1,Block 1, shall be a shared access taken from the existing access along the common lot line to the lot to the west. • Access for Lot 4,Block 1, shall be a shared access taken from the existing access along the common lot line to the lot to the east. • Access for Lots 2 and 3, Block 1, shall be a shared access created along the easterly property boundary of Lot 2 and along the westerly boundary of Lot 3. That is the only new access that will be allowed onto CSAH 78. • An access permit will be required for the Lot 2 and Lot 3 shared access onto CSAH 78. • All access for the lots included in Outlot A shall be taken from internal streets. • Provide drainage calculations for any drainage entering the County right-of-way. This should include the existing and proposed conditions and a summary denoting any change. • An access permit(#1594)has been issued for the Fairhaven Road access onto CR 79. The conditions of that permit still apply. • No ponding, signing, berming or landscaping will be allowed within the County right-of- way. • Any grading or utility work required within the County right-of-way will require a permit prior to the work commencing. • A rock pad may be required to prevent dirt from being tracked onto the County Highways during the grading operation. Sweeping of the County Highway shall be done as required by the County. Alternatives 1. Recommend to the City Council approval of the Final Plat of Stonebrooke 3rd Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, recommend to the City Council approval of the Final Plat of Stonebrooke 3rd Addition, subject to the following conditions: 2 A. The following procedural actions must be completed prior to City Council review of the Final Plat: 1. The Title Review Fee shall be submitted by the applicant to the City. 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) 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. d) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$900.00 per dwelling unit shall be required. 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. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The private water system must comply with the requirements established by the Shakopee Public Utilities Commission. The private water system can only serve properties within the PUD. 5. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 6. Separate easements shall be provided for all off-site septic systems prior to the recording of the Final Plat. Documentation verifying the locations of these sewer easements shall also be provided to the City prior to their recording. 7. The applicant shall submit verification that the United States Army Corps of Engineers has approved the necessary permits for the proposed subdivision prior to the recording of the Final Plat. 8. The aplicant shall submit verification the the Minnesota Pollution Control Agency has approved the stormwater permit for the proopsed subdivision prior to the recording of the Final Plat. 9. Individual sewage treatment sites must be protected during grading and utility construction. 10. The Common Interest Community(CIC) declarations shall be filed with the Final Plat. 3 11. A property owner's association or maintenance agreement for the shared driveways must be executed designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefiting from the driveway for the cost of maintenance. The agreement also shall grant the City the right to access, and to charge the cost of such maintenance back to the property owners. 12. The Final Plat shall comply with the requirements of the Planned Unit Development for Stonebrooke. 13. Access for Lot 1, Block 1, shall be a shared access taken from the existing access along the common lot line to the lot to the west. 14. Access for Lot 4, Block 1, shall be a shared access taken from the existing access along the common lot line to the lot to the east. 15. Access for Lots 2 and 3, Block 1, shall be a shared access created along the easterly property boundary of Lot 2 and along the westerly boundary of Lot 3. That is the only new access that will be allowed onto CSAH 78. 16. An access permit will be required for the Lot 2 and Lot 3 shared access onto CSAH 78. 17. All access for the lots included in Outlot A shall be taken from internal streets. 18. Provide drainage calculations for any drainage entering the County right-of- way. This should include the existing and proposed conditions and a summary denoting any change. 19. No ponding, signing, berming or landscaping will be allowed within the County right-of-way. 20. Any grading or utility work required within the County right-of-way will require a permit prior to the work commencing. 21. All proposed easements, as required by the subdivision ordinance shall be added to the drawings. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Stonebrooke 3rd Addition, subject to conditions and move its approval. u.e `4 . Planner II k\commdev\boas-pc\1998\050Tfpstbr3.doc 4 P.',:. I -' ..t• •- T.. �: .•-- �.-.a+ •'Sy-'��C•.'ry'y ,,,Y ~ •mss I ^ _ w•.erwn •. �+ .�' 11 d w 7. a•-r-y2. - ''Ya�f. a: Sr!,!.:_r:., `a_...- -•, �. -'rt .--4.40-.:4•:, �� arm 9,i .i rrp — ..:.-1,.A.,.. ..--.—, 11... . •• _¢ SPY a. T L*► ; ,,,"14,..4.? ' 4,�I• _e,,*r"�tr._" r►S56'S�` �''- "i i b'--g: '-� •� - A AG - ,, • ac - . i' _ .... ___ . . - illibik--.1-_-• - _ ., MALLET KAY WA _. 62 SU$ = • AG Ste -' �• �. RR 111RR 7 . AG �� . - - "m""°`. mizol ACK,s s RR "Iillii-31111k\I - . =RS la 42 LEGEND O'DGVD Underlying Zones RR - [----I Agriculture AG - (RR I Rural Residential J. 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I M a _ *iittl C,J I � Z X�zco0 m3 ,0Vi () I �J Z 0 ISO< 03 as c4 NR I fila N yW0 5 5ti :.� N 1nIL In =i F. 3 3% ,,o,_,.., 3 F1 vi o in l_' -- 0 'j a� o o� ►- z IS 3 o,_ . 1^N 5J V$dCJ lLai r#5.i 3 0 <8 013 o < ii.3tf.).co o • CITY OF SHAKOPEE t5-., A$ 1 • Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 17th Avenue, from Sarazin Street to 1/2 Mile East of Sarazin Street, Project No. 1998-5 DATE: May 19, 1998 INTRODUCTION: Attached is Resolution No. 4903, a resolution receiving a report and calling a hearing on an improvement to 17th Avenue, from Sarazin Street to 1/2 mile east of Sarazin Street. BACKGROUND: On April 21, 1998, Resolution No. 4892 was adopted by the City Council which ordered the preparation of a feasibility report for an improvement to 17th Avenue, from Sarazin Street to 1/2 mile east of Sarazin Street. The improvements to 17th Avenue have been initiated by the proposed Bernhagen Addition development and the elementary school east of French Trace. 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 1/2 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, and a storm sewer outlet from 17th Avenue to the Mn/DOT Linear Ponds. The attached resolution sets the date for the public hearing for this project for June 2, 1998. The approval of Resolution No. 4903 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. The feasibility report estimates the project cost and assessments as well as City oversizing costs for street and watermain and stormwater trunk costs. One of the main issues with the project, is the proposed construction of a stormwater trunk facility to convey stormwater from 17th Avenue to the Mn/DOT Linear Ponds. Staff has been working with the developers in the area and WSB & Associates to route stormwater from Pheasant Run and Prairie Village through the proposed school site and northwards to the Mn/DOT Linear Ponds. This rerouting will utilize the ponds paid for by the City in conjunction with the T.H. 169 project and reduce the size of the trunk system that is needed in the Blue Lake Drainage District. Per the Stormwater Management Plan, drainage from Pheasant Run and areas south and west are to drain towards the prior Lake - Spring Lake Watershed District channel. Also, this trunk facility would be routed through the Shakopee Mdewakanton Sioux Community property and through areas outside the MUSA. Staff is proposing to reroute this water towards the north to avoid installing a major trunk facility in areas where no trunk stormwater funds can be collected until the area is within the MUSA line. The feasibility report provides three alternatives for handling the stormwater. ALTERNATIVES: 1. Adopt Resolution No. 4903. This action will receive the feasibility report and set the date for the public hearing for June 2, 1998. 2. Deny Resolution No. 4903. This action will halt the project until such time as City Council reconsiders the resolution. 3. Table Resolution No. 4903, 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. 4903, 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. 4903, A Resolution Receiving a Report and Calling a Hearing for an Improvement to 17th Avenue, from Sarazin Street to 1/2 Mile East of Sarazin Street and for the Extension of Sanitary Sewer from Trunk Sewer SS-H Westerly; for the Extension of Watermain from French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a Trunk Storm Sewer from 17th Avenue to Mn/DOT Linear Pond, Project No. 1998-5 and move its adoption. 7,) iinice Loney Public Works Director BL/pmp MEM4903 RESOLUTION NO. 4903 A Resolution Receiving A Report And Calling A Hearing On An Improvement To 17th Avenue, From Sarazin Street To 1/2 Mile East Of Sarazin Street And For The Extension of Sanitary Sewer From Trunk Sewer SS-H Westerly; For The Extension Of Watermain From French Trace 1st Addition To 17th Avenue And Sarazin Street; And For A Trunk Storm Sewer From 17th Avenue To Mn/DOT Linear Pond Project No. 1998-5 WHEREAS,pursuant to Resolution No. 4892 of the City Council adopted April 21, 1998, a report has been prepared by the City Engineer, with reference to the improvement of 17th Avenue, from Sarazin Street to 1/2 mile east of Sarazin Street by sanitary sewer, watermain, storm sewer, street, concrete sidewalk,bituminous trail, street lighting, turn lanes; and for the extension of sanitary sewer from Trunk Sewer SS-H westerly; for the extension of watermain from French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a trunk storm sewer from 17th Avenue to Mn/DOT linear pond and any other appurtenant work and this report was received by the Council on May 19, 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 Sarazin Street to 1/2 mile east of Sarazin Street by sanitary sewer, watermain, storm sewer, street, concrete sidewalk, bituminous trail, street lighting, turn lanes; and for the extension of sanitary sewer from Trunk Sewer SS-H westerly; for the extension of watermain from French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a trunk storm sewer from 17th Avenue to Mn/DOT linear pond and any other 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$1,006,194.00. 2. A public hearing shall be held on such proposed improvements on the 2nd day of June, 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 1998-5 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 for 17th Avenue Sarazin Street to 1/2 mile east INCLUDING STREET, SANITARY SEWER, WATERMAIN, LATERAL STORM SEWER AND TRUNK STORM SEWER CD g:4 SHiNKOPEE rs." c (1.) for the rT4 • City of Shakopee 129 Holmes Street South 46- Shakopee, Minnesota 55379 May 19, 1998 FEASIBILITY REPORT 17th AVENUE EXTENSION (FROM SARAZIN STREET TO '/2 MILE EAST) SANITARY SEWER,WATERMAIN TRUNK STORM SEWER, AND APPURTENANT WORK CITY OF SHAKOPEE PROJECT NO. 1998-5 May 19, 1998 • Prepared by WSB &Associates,Inc. 350 Westwood Lake Office Park 8441 Wayzata Boulevard Minneapolis,MN 55426-1344 17th Avenue Extension City of-Shakopee-Feasibility Report WSB Project No.2016.00 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. WSA8 8441 Wayzata Boulevard Minneapolis, MN 55426 Peter R.Willenbring,P.E. Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 May 19, 1998 Honorable Mayor and City Council City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: 17th Avenue Extension Street Construction, Sanitary Sewer, Trunk Storm Sewer Watermain and Appurtenant Work City of Shakopee Project No. 1998-5 WSB Project No. 2016.00 Dear Mayor and Council Members: Transmitted herewith is a Feasibility Report detailing all necessary public improvements to complete the extension of 17t Avenue from Sarazin Street to'/2 mile east of Sarazin Street. Included with this project are extensions of lateral sanitary sewer,trunk storm sewer,lateral watermain and appurtenant work as petitioned from adjoining property owners,principally the School District and the Centex property, otherwise known as Bernhagen Addition. We would be happy to discuss this report with you at your convenience. Please don't hesitate to contact me at 541-4800 if you have any questions regarding this report. Sincerely, WSB &Associates,Inc, Bret A. Weiss, P.E. Vice President Encl lv/nm F.I WPWINI2016.0011 jeas-1 tr.wpd Infrastructure Engineers Planners EQUAL OPPORTUNITY EMPLOYER 1 - CERTIFICATION I 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. Triudi (14•...3 Bret A. Weiss, P.E. Date: May 19, 1998 Reg. No. 20753 ` I 17h Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 TABLE OF CONTENTS Title Sheet Letter of Transmittal Certification Table of Contents Page 1 Executive Summary 1 2 Introduction 2 2.1 Authorization 2 2.2 Scope 2 2.3 Data Utilized 2 3 Background Information 3 3.1 Project Location 3 3.2 Existing Conditions 3 3.2.1 Property Ownership 3 3.2.2 Street System 3 3.2.3 Sanitary Sewer 3 3.2.4 Watermain 4 3.2.5 Storm Water System 4 4 Proposed Improvements 5 4.1 Proposed Improvements 5 4.1.1 Street System 5 4.1.2 Sanitary Sewer(Figure 2) 5 4.1.3 Watermain (Figure 2) 6 4.1.4 Storm Sewer System (Figure 2) 6 4.1.4.1 Trunk Storm Sewer System 6 4.1.4.2 Lateral Storm Sewer System 8 4.1.5 Pathways/Sidewalk 8 4.1.6 Landscaping 8 5 Permits 9 6 Financing 10 6.1 Opinion of Probable Costs 10 6.2 Assessment Methods &Approach 10 6.2.1 Sanitary Sewer 10 6.2.2 Watermain 10 6.2.3 Storm Sewer 11 6.2.4 Street System 11 6.3 Trunk Utility Area Charges 12 6.3.1 Storm Water 12 1111 Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 6.3.2 Sanitary Sewer 12 6.3.3 Watermain 12 7 Schedule 13 8 Recommendation 14 Appendix 15 Figures 26 1) Opinions of Probable Cost 2) Oversizing Calculations 3) Assessment Calculations 4) Trunk Storm Sewer Alternative#1 5) Trunk Storm Sewer Alternative#2 17vh Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 1 Executive Summary This Feasibility Report addresses the following issues: 1. Street construction of 17th Avenue from Sarazin Street to one-half mile east of Sarazin Street. 2. Extension of sanitary sewer service to the current unserved property north of 17th Avenue. 3. Development of a trunk storm sewer system to serve the current developed and proposed development areas. 4. Minor landscaping, watermain, bike path and sidewalk installation to serve the existing and proposed development areas. The Opinion of Probable Cost for this project is$920,355. These costs are allocated into the following sections: • Street $493,190. • Sanitary Sewer $51,425. • Watermain $8,071. • Lateral Storm Sewer $105,434. • Trunk Storm Sewer Alternative 2 (Segment 1) $262,235. Total $920,355. These costs will be assessed to benefitting adjacent properties impacted by the construction of the improvements. Based on the date outlined in this Feasibility Report, it is the recommendation of WSB & Associates that this project is feasible, necessary and cost effective from an engineering standpoint. 11a Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 1 2 Introduction 2.1 Authorization On April 21, 1998, WSB &Associates,Inc.was authorized through Shakopee Resolution No. 4892 to prepare an engineering feasibility report detailing all necessary public improvements to complete the extension of 17th Avenue from Sarazin Street to one-half mile east of Sarazin Street. Included with the authorization are extensions of sanitary sewer,trunk storm sewer, lateral watermain, along with the State Aid street improvements. This authorization was in response to a joint petition from adjoining property owners,principally the School District, Kerkow's property and the Centex property, otherwise known as Bernhagen Addition. The affected properties are located both south and north of 17th Avenue, east of Sarazin Street. 2.2 Scope The 17th Avenue project involves the extension of 17th Avenue(a State Aid street)along the current alignment through areas with proposed development plans. This Feasibility Report will address extension of sanitary sewer service to the current unsewered property,extension of a collector street including the assessment of street and driveway access locations, o - development of a trunk storm sewer system to serve the currently developed and proposed development areas in addition to minor landscaping, watermain, bike path and sidewalk installations to serve the development area. Several developers have petitioned for the improvements to be completed as a public improvement project within this area. This report will provide an Opinion of Probable Cost for the improvements in addition to a method of spreading the assessment against the benefitted parcels. 2.3 Data Utilized The following data was used as reference materials in the preparation of the report. • City of Shakopee Comprehensive Sanitary Sewer Plan. • City of Shakopee Public Utilities Commission(SPUC)comprehensive water system study. • Aerial topography. • Shakopee Comprehensive Storm Water Study. • City of Shakopee Comprehensive Plan. • Available soil borings in the area. • Record drawings and development plans for the affected area. • City of Shakopee Special Assessment Policy including the revisions dated March 18, 1997. • SPUC Watermain Design Criteria. • Draft Shakopee Transportation Plan 17"`Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 2 3 Background Information 3.1 Project Location The proposed site is located along the 171 Avenue alignment, east of Sarazin Street approximately one-half mile and north and south of proposed 17th Avenue between TH 169 and St. Francis Boulevard extended. The street work will be contained within the existing 100 foot right-of-way for 17th Avenue. The proposed trunk storm sewer and sanitary sewer installation will involve easement acquisition for properties north and south of 17th Avenue as noted on the site location maps. 3.2 Existing Conditions 3.2.1 Property Ownership (Figure 2) The existing property ownership and proposed developers in the immediate area are identified on the noted figure. The project area is based on identifying all benefitted properties for the various portions of the project as will be discussed in the assessment portion of this report. The project area generally consists of single and multi-family residential with some areas slated for institutional/commercial uses. A portion of the area is currently being developed(French Trace)with the remainder of the area in the preliminary plat and sketch plan stage. 3.2.2 Street System The existing street system in the area of the proposed improvement consists of 17t Avenue, an east-west street and Sarazin Street, a north-south street. The existing segment of 17th Avenue from CSAH 17 (Marschall Road) is a four-lane roadway ranging from 74 feet in width at CSAH 17 to 64 feet in width at Sarazin Street. The proposed 17th Avenue extension, which is the subject of this Feasibility Report will match the existing 64 foot roadway width at Sarazin Street. Sarazin Street is a two-lane facility 44 feet in width,that currently ends at 17th Avenue. It is proposed that in the future, Sarazin Street would be extended north to serve the residential and commercial areas adjacent to TH 169. 3.2.3 Sanitary Sewer The development area contained within the project limits generally is located within Sanitary Sewer District SS-H of the City of Shakopee Trunk Sanitary Sewer Plan. The City of Shakopee has previously constructed the north-south trunk line to serve district SS-H and has provided service to properties located south of future 17th Avenue. Properties north of future 17th Avenue will require lateral extensions of the sanitary sewer line from this trunk line to obtain sanitary sewer service. l7`"'Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 3 3.2.4 Watermain Watermain service to the project area is provided by two separate service districts. Existing development is currently being served from a well located adjacent to Sarazin Street and the 17th Avenue. SPUC has indicated that the project area can be served with water service in accordance with their comprehensive plan through the future extension of appropriately sized watermains. 3.2.5 Storm Water System The proposed 17th Avenue extension is located within Subwatershed MPH8A,as identified in the City's Comprehensive Stormwater Management Plan. Stormwater runoff from the proposed 17`h Avenue project area currently drains north into Mn/DOT Linear Pond No. 5, which is located just east of CSAH 17 and south of TH 169. 17th Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 4 4 Proposed Improvements 4.1 Proposed Improvements 4.1.1 Street System (Figure 2) The proposed street system improvements on 17th Avenue from Sarazin Street to one-half mile east of Sarazin Street will be in accordance with City policy and as outlined in the Shakopee Draft Transportation Plan. The proposed street section will consist of a four-lane roadway(two lanes in each direction) with B618 barrier concrete curb and gutter placed within the 100-foot street right-of-way. The street width will match the existing 64-foot wide section at Sarazin Street,continue east at a width of 64 feet for approximately 1200 feet and then taper to a 50-foot section. Left- turn lanes are proposed for westbound 17th Avenue to southbound Sarazin Street and for both directions to Brittany Drive. The 64-foot segment of 17th Avenue will be striped to include 14 foot outside lanes, 12 foot inside lanes and a 12 foot center left turn lane. The 52-foot section will include 14-foot striped outside lanes and 12 foot striped inside lanes. Figure 2 illustrates the roadway horizontal alignment including lane widths. Street and driveway access locations along the roadway have been identified on the attached Figure 2 for the length of 17th Avenue and are noted as follows. Proposed Brittany Drive, located approximately one-eighth of a mile east of Sarazin Street,will be a full-movement, four-legged intersection. The new elementary school access will be located approximately 1,200 feet east of Sarazin Street. This will be a T-intersection with the access only to the south. A future street connection, located approximately three-eighths of a mile east of Sarazin Street, will serve a future residential development. This intersection will also be a T-intersection with the street connection only to the north. The proposed pavement section consists of four and one-half inches (4 Y2") bituminous pavement over 12 inches of aggregate base. The anticipated future(2020)traffic volumes range from approximately 15,000 vehicles per day to 17,000 vehicles per day as noted in the Draft Shakopee Transportation Plan. 4.1.2 Sanitary Sewer(Figure 2) The sanitary sewer service to the project area currently consists of a north/south trunk sanitary sewer line located one-half mile east of Sarazin Street. This line is proposed to serve the immediate area, as well as sewer districts south of 17t Avenue. Another existing trunk sanitary sewer is located along CSAH 17. Both of these facilities connect to the MCES Chaska Interceptor located adjacent to TH 169. Properties located adjacent to these two facilities have direct access to the trunk line,however,properties located midway between the two trunk lines will require a lateral extension to their property in order to obtain sanitary sewer service. 17`"'Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 5 Four options were identified for providing sanitary sewer service to the area within Sewer District SS-H, north of 17th Avenue and east of Sarazin Street extended. The first two options include lateral extensions along the north end of the service area paralleling the NSP easement. These options would provide 100%coverage for the service area identified,but would increase the cost of the project and would limit the availability to the property adjacent to 17th Avenue currently proposed for development. The option proposed herein would provide service to the area between Sarazin Street and one-half mile to the east with the exception of a small area in the northwest corner of the district. This small area would be limited to split-entry homes or slab-on-grade buildings due to the low existing grades unless the area was filled. It is possible that a second lateral line may be necessary to be extended along the NSP easement to provide lateral service in that particular area, which should be constructed at a greater depth to provide service to that particular area. It is anticipated that the proposed lateral sanitary sewer line will be constructed along a property line to minimize impact to each property and in an effort to possibly share service to the two sites. It is possible,however,that the lateral line could be extended through one of the two properties and have the entire lateral assessment levied against that property,while completing the extension to the edge of the Bernhagen Addition. Currently,no right-of-way or easements are available for extension of the sanitary sewer line. However,it should be noted that the lack of easement does not affect the construction of the street system to the project and can be acquired in conjunction with the design in an effort to better define the alignment. 4.1.3 Watermain (Figure 2) Watermain improvements associated with the site are limited to extension of an eight-inch (8") watermain from the northwest corner of the French Trace Addition along the 17th Avenue boulevard to just west of Sarazin Street. It is not anticipated that this pipe will be connected to the water system at this time but will provide for future extension of the watermain system to the Bernhagen property located north of 17U' Avenue and west of Sarazin Street. No other watermain systems are proposed as a part of this project. 4.1.4 Storm Sewer System (Figure 2) This project proposes the construction of both lateral and trunk storm sewer systems as described herein. 4.1.4.1 Trunk Storm Sewer System The City's Comprehensive Stormwater Management Plan has been modified to accommodate development in areas south of 17th Avenue. Development pressure associated with the Pheasant Run, French Trace and Prairie Village developments located north of Valley View Road and south of the proposed 17th Avenue, have necessitated a change in the overall stormwater management in this area. These developments,or portions of,are located within Subwatershed BLD 18,as indicated in the City's Comprehensive Stormwater Management Plan. Downstream 17th Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 6 stormwater conveyance systems which direct water to Dean's Lake have not been constructed and will not be constructed in time to accommodate these proposed developments,the drainage area from these developments are proposed to be routed to the north into Mn/DOT Pond No.5. This rerouting of drainage will directly affect the stormwater conveyance system within 17t Avenue. Two design alternatives have been developed that are capable of accommodating storm water runoff generated from the 17th Avenue area as well as the tributary drainage areas that could be accommodated as part of the 17th Avenue project. The first alternative (Figure 4) consists of directing storm water runoff from the following areas to Mn/DOT Linear Pond No. 5: 300 acres from Subwatershed MPH8A, 172 acres from the Pheasant Ridge and Prairie Village developments located north of Valley View Road, and an additional 148 acres is located south of Valley View Road which has been routed through the Pheasant Run and Prairie Village developments. As a result of this additional drainage, provisions will be made in the watershed to provide additional stormwater rate control as development occurs so as to maintain the 100-year peak discharge rate from Mn/DOT Pond No. 5 to 75 cfs. The Alternate #1 trunk storm sewer system would consist of approximately 4700 lineal feet of storm sewer ranging in size from a 24-inch storm sewer, serving the Pheasant Run area, and a 36-inch pipe to serve areas located east of the proposed school site. The outfall into Mn/DOT Pond No. 5 would be a 60-inch RC pipe with a 100-year peak discharge rate of approximately 150 cfs. The system would be designed as a trunk system which would accept lateral services as development occurs in the watershed. The cost for construction of the trunk system,which would be primarily paid for by the City's storm water trunk fees is estimated at approximately $990,172. The construction costs for lateral systems would be entirely the responsibility of the developing property owners. The location and discharge rates of the lateral extensions have been estimated and would be finalized during the final design of the trunk storm sewer. The second alternative(Figure#5)is capable of addressing the storm drainage needs for the proposed 17t Avenue improvement project as well as address future drainage considerations that should be addressed and/or accommodated by the 17t Avenue project. The drainage area served by this alternative is the same as previously mentioned for Alternative#1. Generally speaking, this project consists of constructing three segments of trunk storm sewer: the first would accommodate storm water runoff generated from the central portions of watershed MPH8A, the second segment would accommodate runoff from the easterly portions of this watershed, and the third segment would accommodate runoff from the westerly portions of this watershed. These trunk segments will accommodate storm water runoff from other subwatersheds within the area to a lesser degree. 17`"'Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 7 Breaking out this project into three distinct segments allows the City to phase the construction of this Trunk Storm Sewer System for the area instead of having to build the system in it's entirety at this time as proposed with Alternative 1. It also allows the construction of segments two and three to be delayed to a later date which, hopefully,would allow these systems to be constructed as part of development within those areas. The cost associated with construction of segments one,two and three is estimated at $262,235, $264,058 and $41,731 respectively. This corresponds to a total cost of approximately$568,024 for the construction of Alternative 2. The second alternative is preferred and recommended over alternative one because it has a lower total construction cost and can be implemented in phases (it is only necessary to construct segment one as part of the 17th Avenue project), and the construction of segments two and three can be deferred to a later date,hopefully at such a time as when development takes place within the areas along which the alignment has been specified. It must be noted,Mn/DOT approval of the proposed storm water changes within this watershed and the rerouting additional areas to Mn/DOT Pond No. 5 will need to be secured. However, hydrologic calculations performed as part of this Feasibility Analysis indicate that this pond is capable of accommodating the rerouting of these additional drainage areas. All of these alternatives require some easement acquisition through undeveloped property. These land acquisition costs are not estimated at this time as there is a possibility that the easements may be dedicated to the City. 4.1.4.2 Lateral Storm Sewer System The 17t Avenue stormwater conveyance system must be designed to State Aid Standards for spread and runby. The lateral storm sewer within 17th Avenue in the area of French Trace/Bernhagen Addition will discharge northerly into Bernhagen Pond. The remainder of the lateral storm sewer for 17t Avenue east of this area will be directly connected to the proposed trunk storm sewer system. 4.1.5 Pathways/Sidewalk(Figure 2) The existing eight-foot(8')bituminous pathway and five-foot(5')concrete sidewalk located along 171 Avenue will be extended as a part of this project within the limits of the street construction. No additional pathways or sidewalk are anticipated to be constructed as a part of this project. 4.1.6 Landscaping Landscaping for this project will be limited to boulevard trees along 17th Avenue,staggered on each side at 100-foot intervals and sodding of the boulevard areas between the curb and pathway/sidewalk. The remainder of the disturbed areas will be seeded or restored to their original condition. 17`h Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 8 5 Permits The following permits will be acquired as a part of the project design. 5.0.0.1 Minnesota Pollution Control Agency(MPCA) - Sanitary Sewer Extension Permit NPDES Erosion Control Permit 5.0.0.2 Department of Health - Watermain Extension Permit 5.0.0.3 Mn/DOT Drainage Permit to discharge into the linear pond 17`h Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 9 6 Financing 6.1 Opinion of Probable Costs Detailed opinions of probable cost can be found in Appendix 1 of this report. These opinions of probable cost include a 10%contingency factor and 25%indirect costs. The indirect costs assume that the project will be assessed in 1998 and does not account for extended interest holding costs if the project is not assessed in 1998. The indirect costs include legal, engineering, administrative and fiscal items. • Street $493,190 • Sanitary Sewer $51,425 • Watermain $8,071 • Storm Sewer $105,434 • Trunk Storm Sewer $262,235 $920,355 6.2 Assessment Methods &Approach The cost associated with the construction of the State Aid street, lateral sanitary sewer, watermain and trunk storm sewer will be assessed to the properties in the following manner: 6.2.1 Sanitary Sewer The trunk improvements for Sanitary Sewer District SS-H as described herein,has been constructed and is located one-half mile east of the extension of Sarazin Street. It is assumed that several east-west lateral lines will be constructed from this trunk line in order to serve the sewer district. This project proposes the extension of a lateral line to serve the Bernhagen Addition. In order to access the Bernhagen addition it is necessary to cross a separate property. Preliminary layouts have been completed for properties in that area and it is proposed that the extension from the trunk line to the Bemhagen Addition will be directly assessed to the benefitted properties along the length. There is no over depth along the alignment nor does the pipe need to be larger than an eight-inch main. Therefore, it is assumed that the lateral line will either be extended along the property line and assessed to the two benefitted developers or will be contained solely within one development area and assessed to the one particular owner. 6.2.2 Watermain The watermain improvements are be completed to service to the Bernhagen property located west of the Bernhagen Addition and therefore,it is proposed to be assessed directly to that property. No other assessments are intended to be levied for 17th Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 10 watermain improvements. The property owner has not requested this extension, however, SPUC has indicated that this will be necessary to achieve development of the property. ti 6.2.3 Storm Sewer The storm sewer design consists of two components, lateral and trunk storm sewer systems. The lateral storm sewer systems are typically directly assessed to the benefitted property and include a system necessary to serve a 36 foot wide residential street as well as any lateral connections or capacity utilized within a subject property prior to a trunk line leaving a particular site. In this particular case,the lateral system cost adjacent to 17th Avenue does vary depending on the amount of runoff proposed to be directed to 17th Avenue from the adjoining properties. We have assumed that more runoff will be directed to the street from properties on the south side of 17t Avenue than from properties on the north side of 17th Avenue, due to the existing terrain and the manner in which developments are currently proposed. Therefore, slightly different lateral system costs should be expected within these areas. The remainder of the street storm sewer cost for 17t Avenue is assessed to the City and will be paid for with Municipal State Aid funds. The trunk system improvements generally involve the pipe extensions between ponds or pipes used to carry discharge from property to property or from pond to pond. In this instance we have made assumptions regarding the location of lateral storm sewer connections to the trunk line as properties are crossed along the length of the trunk storm sewer improvement. If the trunk line is contained within the property and the trunk system provides a lateral benefit to the property, a lateral benefit assessment equal to the oversizing of the trunk line to accommodate the lateral runoff would be charged to the property upon development. It is expected that, through the design process, the trunk alignment and lateral benefit will be refined in an effort to coordinate the trunk and lateral system cost to benefit the property owners and the City. This project does not include any lateral system assessments to adjacent property owners. All lateral system costs will be addressed during design or through developer agreements if necessary. 6.2.4 Street System The proposed 17th Avenue will vary from 50 feet to 64 feet in width from the east to the west side of the street including the left-turn lanes at certain locations. All of the properties adjacent to the proposed street have a residential or institutional use which would typically stipulate a residential width street. Consequently, the adjacent properties are proposed to be assessed an equivalent front footage of a 36-foot wide standard residential street including sidewalk and boulevard trees. The bike path is considered a city cost due to the city-wide function performed by a collector trail. Further,the expanded width and turn lanes will serve traffic volumes in the future as 17th Avenue is continued to the east to serve the adjacent development. It is anticipated that State Aid funds will be utilized to pay for the City's share of the street improvements not proposed to be assessed. 17th Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 11 6.3 Trunk Utility Area Charges Trunk area charges for the development area will be levied with the development of the individual parcels. This project will not directly collect any trunk area changes. As a part of the project, however, it is anticipated that significant fees will be collected as the properties develop. 6.3.1 Storm Water The City of Shakopee's Trunk Storm Water program is generally administered by assessing charges against the net developable acres within the subdivision. Land associated with public right-of-way, lakes, wetland areas, stormwater ponds, and parks are not included in the net developable acreage on the corresponding trunk charge calculation. As a result, the collector roadway and associated stormwater retention and treatment systems cannot be assessed for these charges, and no trunk charges are anticipated to be incurred as part of this project for the roadway. Trunk stormwater charges will be levied against areas tributary to the 17th Avenue trunk drainage system,as this system conveys water from areas south of 17`h Avenue v to the north and into Mn/DOT Pond No. 5. Approximately 370 acres will be benefitted by this trunk system. Based on 60% of the benefitted area being "net developable "acreage", and the trunk fee charge remaining at $0.073/sq. ft the revenue generated by the trunk fee is estimated at approximately$700,000. 6.3.2 Sanitary Sewer The City of Shakopee currently charges $1,360/net acre of development for trunk system expenditures. These funds will be collected with the individual property development. 6.3.3 Watermain SPUC is in the process of evaluating their trunk area charge,however,currently,they are charging$742/gross acre. 17th Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 12 7 Schedule A tentative project schedule for this improvement is as follows: Receive Feasibility Report/Order Public Hearing May 19, 1998 Conduct Public Hearing and Order Plans & Specifications June 2/June 16, 1998 Receive Plans & Specifications/Order Ad for Bid July 7/July 21, 1998 Receive Bids August 7/August 21, 1998 Award Contract August 18/September 1, 1998 Begin Construction August 31/September 14, 1998 Substantial Construction Completion November 15/November 30, 1998 Final Lift of Bituminous/Sanitary Sewer/Trunk Storm Sewer Summer, 1999 Assessment Hearing Fall, 1999 1 yth Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 13 8 Recommendation The 17t Avenue Street and Utility Construction Project consists of the construction of a State Aid collector road including lateral utility systems and trunk storm sewer to serve the development area adjacent to 17th Avenue east of Sarazin Street. The project is unique in the fact that the road can be adequately constructed without being impacted by any right-of-way concerns,with the trunk storm sewer and lateral storm sewer systems developed in a manner consistent with development and completed upon acquisition of necessary right-of-way and easements. It is the recommendation of WSB &Associates that this project is feasible, necessary and cost effective from an engineering standpoint. We recommend construction of the proposed improvements as detailed in this report. I 17`"Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 14 Appendix 11h Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 15 Preliminary Cost Opinion 17"'Avenue Extension Street Total Length-2598 Estimated Unit Total Description Unit Quantity Cost Cost ` Common Excavation CY 15,000 $1.50 $22,500 Topsoil Borrow(LV) CY 1,228 $7.00 $8,596 F&I Aggregate Base CL 5 (12"Thick) SY 18,200 $4.70 $85,540 F&I Type 31,Bituminous Base(2") SY 17,000 $3.75 $63,750 F&I Type 41,Bituminous Wear Course(2") SY 17,000 $3.20 $54,400 F&I Bituminous Material for Tack Coat Gal 850 $1.25 $1,063 F&I Bituminous Trail 8'wide SY 2,243 $10.00 $22,430 F&I 4" Concrete Walk SF 12,980 $2.00 $25,960 F&I Concrete Curb&Gutter Design LF 5,130 $6.50 $33,345 F&I Striping LF 7,800 $0.50 $3,900 F&I Blvd.Trees 100'spacing EA 50 $250.00 $12,500 F&I Sod Type Lawn SY 8,600 $2.00 $17,200 r Site Restoration LS 1 $2,000.00 $2,000 F&I Traffic Signage SF 1 $500.00 $500 F&I Erosion Control LF 1 $5,000.00 $5,000 Subtotal $358,684 +10% Contingencies $35,868 Subtotal $394,552 1 +25%Engineering&Administration $98,638 Street Total $493,190 I 17`"'Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 16 S Preliminary Cost Opinion. 17Th Avenue Extension Storm ewerTot*Lo#gtb .. ...x58 Estimated Unit Total Description Unit Quantity Cost Cost F&I 30" RCP Pipe Apron with Trash Guard EA 1 $1,500.00 $1,500 F&I 12" Storm Sewer RCP LF 493 $23.00 $11,339 F&I 15" Storm Sewer RCP LF 290 $24.00 $6,960 F&I 18" Storm Sewer RCP LF 290 $26.00 $7,540 F&I 24" Storm Sewer RCP LF 90 $37.00 $3,330 F&I 30" Storm Sewer RCP LF 275 $46.00 $12,650 F&I Storm Manholes LF 36 $200.00 $7,200 F&I Catch Basins EA 24 $1.100.00 $26400 Subtotal $76,919 +10% Contingencies $7,692 Subtotal $84,611 +25%Engineering&Administration $21,153 Street Total $105,764 1 17`"Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 17 Preliminary Cost Opinion 7th 1Avenue Extension Sanity Sewer .. Estimated Unit Total Description Unit Quantity Cost Cost F&I 8" Sewer Pipe,PVC L.F. 1,470 $20.00 $29,400 F&I 48" Sanitary Sewer Manholes EA 4 $1,300.00 $5,200 F&I Sanitary Sewer Manhole Casting EA 4 $200.00 $800 F&I Granular Foundation Material L.F 500 $4.00 $2,000 Subtotal $37,400 +10% Contingencies $3,740 Subtotal $41,140 +25%Engineering&Administration $10,285 Sanitary Sewer Total $51,425 17'"'Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 18 Preliminary Cost Opinion 17th Avenue Extension Watermain Estimated Unit Total Description Unit Quantity Cost Cost F&I Ductile Iron Watermain(CL 52) L.F. 280 $19.00 $5,320 F&I 8" 22 Y2 Degree Bend EA. 1 $150.00 $150 F&I 8" - 7" Degree Bend EA 1 $150.00 $150 F&I 8" x 8" x 8"Tee EA 1 $150.00 $150 F&I 18" Pipe Plug EA 2 $50.00 $100 Subtotal $5,870 +10% Contingencies $587 Subtotal $6,457 +25%Engineering&Administration $1,614 Watermain Total $8,071 174 Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 19 Alternate#1-Prelinunary Cost Opinion for Storm Sewer Trunk Estimated Unit Total Description Unit Quantity Cost Cost F&I 60"RC Pipe Apron EA 1 $1,300 $1,300 F&I 24"RC Pipe,Design 3006 CL III LF 280 $32 $8,960 F&I 30" RC Pipe,Design 3006 CL III LF 300 $55 $16,500 F&I 36" RC Pipe,Design 3006 CL III LF 350 $70 $24,500 F&I 42" RC Pipe,Design 3006 CL III LF 370 $95 $35,150 1 F&I 48"RC Pipe,Design 3006 CL III LF 600 $115 $69,000 F&I 54"RC Pipe,Design 3006 CL III LF 1490 $150 $223,500 F&I 60"RC Pipe,Design 3006 CL III LF 1300 $175 $227,500 F&I Construct Drainage Structure,Design 48-4020 LF 36 $220 $7,920 F&I Construct Drainage Structure,Design 54-4020 LF 13.5 $240 $3,240 F&I Construct Drainage Structure,Reducer Cone EA 3 $1,000 $3,000 t Section 72" to 48" F&I Construct Drainage Structure,Design 60-4020 LF 12.1 $250 $3,025 F&I Construct Drainage Structure,Design 66-4020 LF 18.6 $350 $6,510 F&I Construct Drainage Structure,Design 72-4020 LF 18 $380 $6,840 F&I Construct Drainage Structure,Design 78-4020 LF 111.2 $450 $50,040 F&I Construct Drainage Structure,Design 84-4020 LF 13.0 $500 $6,500 F&I Construct Drainage Structure,Design 90-4020 LF 37.8 $550 $20,790 F&I Frame&Ring Casting EA 18 $325 $5,850 Subtotal $720,125 +10% Contingencies $72,013 Subtotal $792,138 +25%Engineering&Administration $198,034 Storm Sewer Trunk Total $990,172 Costs for land acquisition will be in addition to this total 17th Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 20 r Alternate#2 Preliminary Cost Opinion for Storm Sewer Trunk Segment#1'. Estimated Unit Total Description Unit Quantity Cost Cost F&I 27"RCP Pipe,Design 3006 CL II LF 580 $38 $22,040 F&I 30"RCP Pipe,Design 3006 CL III LF 600 $50 $30,000 F&I 36"RCP Pipe,Design 3006 CL III LF 1850 $60 $111,000 F&I 54" MH Construct Drainage Structure,Design 54-4020 LF 19.3 $220 $4,246 F&I 60" MH Construct Drainage Structure,Design 60-4020 LF 50.6 $230 $11,638 F&I 72" Mil Construct Drainage Structure,Design 72-4020 LF 5.6 $270 $1,512 F&I 78" MH Construct Drainage Structure,Design 78-4020 LF 20.1 $300 $6,030 F&I Frame and Ring Casting EA 10 $350 $3,500 F&I 36" RC Pipe Apron EA 1 $750 $750 Subtotal $190,716 +10% Contingencies $19,072 Subtotal $209,788 +25%Engineering&Administration $52,447 Storm Sewer Trunk Total $262,235 Costs for land acquisition will be in addition to this total. 17`"Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 21 Alternate#2 Preliminary Cost Opinion for Storm Sewer Trunk-Segment#2 Estimated Unit Total Description Unit Quantity Cost Cost F&I 24"RCP Pipe,Design 3006 CL II LF 300 $32 $9,600 F&I 27"RCP Pipe,Design 3006 CL III LF 600 $38 $22,800 F&I 30"RCP Pipe,Design 3006 CL III LF 600 $50 $30,000 F&I 33" RCP Pipe,Design 3006 CL III LF 1700 $55 $93,500 F&I Construct Drainage Structure Design 48 -4020 LF 101.1 $220 $22,242 F&I Construct Drainage Structure Design 60-4020 LF 33.4 $250 $8,350 F&I Construct Drainage Structure Reducer Cone EA 1 $1,000 $1,000 Section 60" to 48" F&I 33" RC Pipe Apron EA 1 $700 $700 F&I Frame and Ring Castings EA 11 $350 $3,850 Subtotal $192,042 +10% Contingencies $19,204 Subtotal $211,246 +25%Engineering&Administration $52,812 Storm Sewer Trunk Total $264,058 Costs for land acquisition will be in addition to this total 17`"'Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 22 Alternate#2-Preliminary Cost Opinion for Storm Sewer Trunk-Segment#3 Estimated Unit Total Description Unit Quantity Cost Cost F&I 18" RC Pipe,Design 3006 CL III LF 700 $30 $21,000 F&I 18"RC Pipe Apron EA 1 $550 $550 F&I Construct Drainage Structure Design 48 -4020 LF 40 $220 $8,800 Subtotal $30,350 +10% Contingencies $3,035 Subtotal $33,385 +25%Engineering&Administration $8,346 Storm Sewer Trunk Total $41,731 Costs for land acquisition will be in addition to this total. 11*Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 23 1 PreliminaryCost piinion Pr'AAvenue. enslon 36'.Wide Stet.-For Assessme t D erm ination Estimated Unit Total 1 Description Unit Quantity Cost Cost Common Excavation C.Y. 11,324 $1.50 $16,986 Topsoil Borrow(4") C.Y. 1,395 $7.00 $9,765 Aggregate Base CL5 (6"Thick) S.Y. 10,392 $4.70 $48,842 Type 31,Bituminous Base(2") S.Y. 10,392 $3.75 $38,970 Type 41,Bituminous Wear Course( 1 ''/2") S.Y. 10,392 $3.20 $33,254 Bituminous Material for Tack Coat Gal 520 $1.25 $650 Bituminous Trail 8'wide S.Y. CITY $10.00 $0 4" Concrete Walk(5'Wide) S.F. 12,980 $2.00 $25,960 Concrete Curb&Gutter Design L.F. 5,196 $6.50 $33,774 Striping L.F. 7,800 $0.50 $3,900 F&I Blvd.Trees 100' spacing EA. 52 $250.00 $13,000 Sodding Type Lawn S.Y. 4,523 $2.00 $9,046 Seeding Acre 1 $2,000.00 $2,000 Traffic Signage S.F. 180 $18.00 $3,240 Erosion Control L.F. 5,196 $3.00 $15,588 Subtotal $254,976 +10% Contingencies $25,498 Subtotal $280,473 +25%Engineering&Administration $70,118 Total $350,592 17`"Avenue Extension City of Shakopee-Feasibility Report WSB Project No.2016.00 24 in O Vl tt tV�1 h N ;.5,1 j W p .4 O v N M 1 Z OU ON %A O N P W, N ON V. a O O a fi 00 en M M , ,w v1 N 00 N w 0G W O U v) z l� v1en N vl 00vi 00 h M U 00 O O aP r-. t.- Ca a O N x 0. ass h W w N tnen N vl O lel1., aa. 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FAX 541.1700 3 ` INFRASTRUCTURE - ENGINEERS - PLANNERS Shakopee, Minnesota 30-11 0 f, \) H10. ,;' i - 1 1\ VE. nI v�ilH pti CANTERBURY - L e �I °° yP cS MP H9d / 11/ Q n AVE. k'- ` hRCq 4•h'16 7 �- �/ 6 I ; 1 I �•�®��®4r� qt F4�fc� r H9 AVE., pr:::,, 7 .I u r r of lVlH � R �000,4,4,0 411r DOWNS MINNESOTA Mr 'ti '� OAYIS n PRAIRIE ``_ 1 L'1 L. . •OD ` LANE ! Q i 1 � iJ � HERR AGS �(gRS J�' D'el_ iC �� e,ite,„..,„ SECRETARIAT' — .„ �� � . DRIVE ORACYIE DR l _ ��s 1111111111.11111 (1I I g GAS 11 H7b �_�"` `. a �`i BI 1,4_.46D ST. • 1 i brI on4-#5 jL�� ,, ,, 5cfs s4N ° al rageF I I' H7a q M ' �;4 O ; 1 BL - A SEWER4jrMr. — 11144,-_J ) \ 1 kr8 MP G3 p,0025(Ifs AREA OF BENEFIT 1 Sf°rage=124.5 AF �vr^ MP G: �-- - - I BL D8 gi li IL W... - VJ i DR. BLD 18 I 0\ /�i s�.o � � � Q1oo 7 cfs I IPv 0 ,,O.RD.NO.77 , , i , iii A � LFYEWOAD /01117, � BL D9 /, �j Bio MPG1 z II Y / ,(� � / MP F1 � �_�— �,� F..• ,, :, BL ARE, OF BE FIT yl �ij/ 1 �� � ;� D !� TIT T»n i BL D21 CJ o w000 DUCa, 0 C7' N /7; 0 74 Iltr _ / LEGEND r I �_� 7� �� BL D14 o/ AREA BENEFITTED BY TRUNK - LONDONDERRY CDY p Or STORM SEWER SEGMENTS D I a• I WSB Project No. 2016.00 Date:May 19,1!!: 350 Westwood Lake Office 17th Avenue-Sarazin Street to 1/2 mile east 8441 Wayzata Boulevard Minneapolis,MN 55428 COMPREHENSIVE STORMWATER ® 512-541-4800 MANAGEMENT PLAN-ALT. #1 Figure Number &Associates,Inc. FAX 541-1700 4 INFRASTRUCTURE - ENGINEERS - PLANNERS Shakopee, Minnesota 411 dt;" I \'$ CANTERBURY 1 iV 19' 1 i._ .,,, 4 c.ss. MP H9d i . - D AVE. 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FAX 541-1700 5 LNFRASTRUCTURE - ENGINEERS - PLANNERS Shakopee, Minnesota } ,,, 1s. a CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Vierling Drive Improvements, from Sage Lane to Miller Street Project No. 1998-2 DATE: May 19, 1998 INTRODUCTION: Attached is Resolution No. 4914, which approves the plans and specifications and authorizes staff to advertise for bids for Vierling Drive Improvements, from Sage Lane to Miller Street, including a traffic control signal and turn lanes at the intersection of County State Aid Highway(CSAR) 17 and Vierling Drive. BACKGROUND: On March 17, 1998, the City Council of Shakopee adopted Resolution No. 4870, ordering the preparation of plans and specifications for Vierling Drive, from Sage Lane to Miller Street. The plans and specifications have been completed by WSB & Assoc., Inc. and include the widening of Vierling Drive to accommodate turn lanes for the Boulder Ridge and Crossroads Center developments, and for a traffic control signal at the intersection of CSAH 17 and Vierling Drive. The plans have incorporated turn lane improvements on CSAH 17 as required by Scott County. Attached is Resolution No. 4914,which authorizes advertisement for bids on this project. Also, a copy of a Cooperative Agreement with Scott County for the construction of a traffic control signal on CSAH 17 and Vierling Drive, has been placed on the table. This agreement has been revised to allow actuation of the Emergency Vehicle Preemption (EVP) System once completed. This revision is the same as contained with Mn/DOT on signals for Trunk Highway 169 ramps. ALTERNATIVES: 1. Adopt Resolution No. 4914. 2. Deny Resolution No. 4914. 3. Table for additional information. 4. Authorize the appropriate City officials to execute the Cooperative Agreement with Scott County for the traffic control signal at CSAH 17 and Vierling Drive. 5. Do no authorize the execution of the Cooperative Agreement. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 4, to approve plans and specifications in order to proceed with this project so as to construct improvements during the summer months and have Vierling Drive restored this year, and to execute an agreement with Scott County for the traffic control signal at CSAH 17 and Vierling Drive. ACTION REQUESTED: 1. Offer Resolution No. 4914, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Vierling Drive Improvements, from Sage Lane to Miller Street, Project No. 1998-2 and move its adoption. 2. Authorize the appropriate City Officials to execute a Cooperative Agreement with Scott County for a traffic control signal at County State Aid Highway 17 and Vierling Drive. Bruce Loney Public Works Director BL/pmp MEM4914 RESOLUTION NO. 4914 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For Vierling Drive, From Sage Lane To Miller Street Project No. 1998-2 WHEREAS,pursuant to Resolution No.4870 adopted by City Council on March 17, 1998, Bruce Loney, Public Works Director has prepared plans and specifications on the improvement of Vierling Drive, from Sage lane to Miller Street by the installation of traffic signalization, widening of the existing pavement surface including concrete and curb, sidewalk, bituminous paving, storm sewer, raised concrete medians, street lighting and 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 . � mice • CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Vierling Drive Improvements,from Sage Lane to Miller Street Project No. 1998-2 DATE: May 19, 1998 INTRODUCTION: Attached is a revised agreement for participation in the construction and operation of a traffic control signal system and integral street light between the City of Shakopee and Scott County for County State Aid Highway(CSAH) 17 and Vierling Drive intersection. BACKGROUND: On March 17, 1998,the City Council adopted Resolution No. 4870 ordering the preparation of plans and specifications for Vierling Drive, from Sage Lane to Miller Street. Included in these improvements is the construction of a traffic control signal system and integral street light at the intersection of Vierling Drive and CSAH 17. At the same City Council meeting, City Council authorized the appropriate City officials to execute a Cooperative Agreement with Scott County by amending the Cooperative Agreement and striking Paragraph 10, which relates to permitting an Emergency Vehicle Preemption(EVP) system. Scott County has revised the agreement to allow the activation of the EVP system. However, the County has made other modifications in the Cooperative Agreement that Council should be aware of. The changes in the agreement are as follows: • Paragraph 12 - the maintenance and repair of the EVP system will be done by the County at the sole cost and expense of the City. • Paragraph 13 - the County will provide the initial pedestrian striping for the intersection. However, any future roadway pedestrian striping required after initial work will be the City's responsibility at 100%of the related cost. In review of the changes in the agreement, it should be pointed out that Scott County has incorporated many of the requirements relating to EVP system as contained in the agreement with Mn/DOT for the signals at the County Road 83 ramp and CSAH 17 ramp. The major difference is that the State will maintain the EVP system at their cost, while the County is proposing to maintain this system and bill the City at 100% of the cost. Typically, for maintenance of a traffic control signal system, it is recommended that only one agency be responsible for maintenance of the system to ensure continuity and reliability in the signal operation. In checking with contractors on maintenance of a traffic control signal, and in particular on EVP components, the maintenance costs of EVP system is very minimal. Staff believes that Scott County will someday utilize the EVP system on the signal that the City is installing. Thus, their contribution to the EVP system should be the maintenance of the system. Staff would like Council direction on this item in order to finalize this agreement. On Item No. 2 -the County has included the paragraph relating to pedestrian striping at this intersection. This is a new paragraph for traffic control signal system which the County needs to formalize its practice on crosswalk striping on County roads. Typically, crosswalk striping along County roads cost more to install due to the higher traffic volumes and an estimate per crosswalk is $300.00 - $400.00 per crossing. In checking with Hennepin County,they also have a similar policy. Typically,they do not require crosswalk striping at traffic control signal intersections because the signal system provides enough protection and direction for safe pedestrian crossing. Hennepin County will provide pedestrian striping at crossings that meet their criteria. If the City wants a crossing striped, then the City is responsible for the future striping. Staff would like Council direction on this particular item as well in order to finalize the Cooperative Agreement with Scott County for this signal improvement. Since this agreement was received on Monday morning of May 18, 1998, and there are two new policy issues incorporated in the agreement. Staff is recommending that Council provide direction on this Cooperative Agreement and meet with Scott County staff in order to reach an agreement on the remaining issues. The Cooperative Agreement for the traffic control signal system can be brought back to the June 2, 1998 City Council meeting for execution. Also, on May 29, 1998 a Joint City/County meeting has been scheduled to discuss transportation issues. This particular agreement and its issues could be discussed at that meeting. Even though there is no Cooperative Agreement executed between Scott County and the City of Shakopee for a traffic control signal, staff believes the plans can be approved and advertisement for bids can be ordered in order to keep this project on a 1998 construction schedule. It is proposed that consideration for bid award for this project will not take place until the July 7, 1998 City Council meeting. If no agreement can be reached for executing the Cooperative Agreement, then the plans would need to be modified and approved and a new advertising for bid date established. RECOMMENDATION: Staff recommends that Council provide direction on the remaining issues with the Cooperative Agreement for the participation in the construction and operation of the traffic control signal system and integral street light between Scott County and the City of Shakopee for the traffic control signal at CSAH 17 and Vierling Drive intersection. AXE Bruce Loney Public Works irector BL/pmp AGREEMENT State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT THIS AGREEMENT, Made and entered into this day of , 19 , by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, It is considered mutually desirable to install a full traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway 17 and Vierling Drive within the City; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal system and integral street lights; and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec. 162.17. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection. The City shall install, or cause the installation of a full-traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway 17 and Vierling Drive. Such installation, as described immediately above, shall be identified and accomplished under City Project No. 1998-02, hereinafter referred to as the "project", all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. I I The term specifications as used herein shall mean the 1995 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and the project special provisions. 1 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott III The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule . IV The terms and conditions of the Cost Participation Policy of Scott County pertaining to cost and/or responsibilities may be revised or changed from time to time. Any such changes shall apply to this Agreement and shall be binding upon both parties regarding costs and/or responsibilities incurred after the effective date of the revisions to the Cost Participation Policy. Scott County shall notify the participating City of any such revisions or changes and of the effective date prior to implementation. V The City shall install, or cause the installation of an adequate three wire, 120/240 Volt, single phase, alternating current electrical power connection to the controller cabinet of the project at the sole cost and expense of the City. The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights to be installed under the project, all at the sole cost and expense of the City. VI The City shall advertise for bids for the construction of this project, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for cities. The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by reference made a part hereof. VII The construction cost of the project shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The estimated construction cost of this project is $120,000. 2 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott VIII The County shall, as its share of the construction costs, pay the City fifty percent (50%) of the actual construction cost of the traffic control signal system with integral street lights. The City shall pay the County ten percent (10%) of such share of the construction cost as payment for the engineering design of the traffic control signal system; and eight percent (8%) of such share of the construction cost as payment for inspection of the traffic control signal system. IX The County shall include Emergency Vehicle Pre-emption (EVP) System construction with the project. This item will be bid and may be deleted if the City deems the unit price bid to be unacceptable. X The EVP construction cost shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The estimated construction cost of the EVP is $ 10,000. The City shall, as its share of the EVP construction costs, pay one hundred percent (100%) of the actual EVP construction cost. XI The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system or EVP System; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. XII Upon completion of the work, the County shall maintain and repair said traffic control signal system at the sole cost and expense of the County. Further, the County shall maintain and repair the components of the EVP System at the sole cost and expense of the City. Further, the County shall maintain the integral street lights for the City except for maintaining photoelectrical controls, relamping, and glassware. The EVP systems provided for in this Agreement shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: 3 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott (1) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statues Chapter 169.01, Subdivision 5 and 169.03. The City will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units. (2) Malfunctions of the EVP Systems shall be reported to the County immediately. (3) In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the County. (4) All timing of said EVP Systems shall be determined by the County. XIII The County shall provide the initial pedestrian striping for the intersection and shall be responsible for 100% of the related costs. The City shall be responsible for all subsequent roadway pedestrian striping required after the initial work and shall be responsible for 100% of the subsequent related costs. XIV The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. XV Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 4 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott XVI It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. XVII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XVIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act 5 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XIX The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 6 State Aid Project No. 70-617-16 CSAH 17 @ Vierling Drive City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) By And Jon Brekke, Mayor Mark McNeill, City Administrator Date Date COUNTY OF SCOTT ATTEST : By By David Unmacht, County Administrator Art Bannerman, Chairman of Its County Board Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Thomas Harbinson, County Attorney Bradley Larson, County Highway Engineer Date Date APPROVED AS TO EXECUTION: By Thomas Harbinson, County Attorney Date jf-w:\word\agrmt\signal\17@vierl.doc 03/12-98 Rev.5/18/98 7 CITY OF SHAKOPEE ) 5°. 6. 1, • Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator Terry Link, Fire Chief SUBJECT: Fire Station Grand Opening Issues DATE: May 15, 1998 INTRODUCTION: The Council is asked to consider and approve the following requests, in conjunction with the grand opening of the new fire station to be held Saturday,June 27th. BACKGROUND: We ask that the Council consider the following issues relating to the opening of the fire station: 1. Parade Permit-A parade will be held beginning at 10:00 AM on that day. It will progress from the Shakopee High School, south on Spencer Street to Vierling, east on Vierling (crossing C.R. 17), and terminating at the new fire station. City Code authorizes the Police Chief to issue a permit. Therefore,this is advisory only for the City Council. 2. Parking Exemption -Vierling Drive- Because there will be a large number of fire rigs in the parade, we are asking that the City Council exempt the"No Parking"restriction on. the south side of Vierling, between County Road 16 and Heritage Drive, from 9:00 AM until midnight. Realistically,the demand for this will be in the few hours during and immediately following the parade. As with the recent request for parking exemption on Adams Street,the City Council should take formal action by motion to grant the exemption. 3. Noise Issue-Live Band -As part of the celebration,there will be live music,which is scheduled from 8:00 PM until 11:00 PM, with the band inside the truck bays, facing to the south through the open garage doors,towards the highway. Section 10.60 of City Code deals with noise. While live music is not specifically addressed, Section G covers"radios,phonographs,paging systems, etc." In that, any operation of such devices between the hours of 10:00 PM and 7:00 AM"in a manner as to be plainly audible at the property line of the structure or building which is located.... or GRAND.DOC at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this Section." I have conferred with the City Attorney on this. There is nothing specifically in the code which could grant an exemption for live music after 10:00 PM. If complaints are received on this, the police will need to treat this as would any complaint made about loud music. The band will be asked to turn the volume down, or otherwise confine the noise to within the building. 4. Funding-The Fire Chief indicates that they have contacted several businesses and service clubs around town to obtain assistance in funding the event. They are asking that the City contribute $3,000, which would be used for such things as entertainment. • There is no money that the Chief feels comfortable in using from the Fire Station Budget, owing to the necessity of getting the new station up and running. The Council Contingency Fund has monies in it, although a balance is not available, as the full impact of the contract settlements has not yet been determined. We feel, however, that $3,000 could be obsorbed from this, should this be the desire of the Council. RECOMMENDATION: We recommend that the Council take action on the following, in conjunction with the fire station grand opening: 1. By motion, grant the parking exemption on Vierling Drive as described. 2. Authorize up to $3,000 from the Council Contingency Fund to be spent for appropriate grand opening related expenses. ACTION REQUIRED: ' If the Council concurs, it should, by motion, authorize the following: 1. Authorize an exemption to the"No Parking"restrictions on Vierling Drive,between Heritage Drive and C.R. 16,between the hours of 9:00 AM and midnight on June 27 1998. 2. Authorize an expenditure of up to $3,000 for appropriate grand opening expenses,to come from the Council Contingency Fund. IlAktVik9A-taie Mark McNeill Cityy Administrator /41"7- Terry Terry Link Fire Chief GRAND.DOC CONSENT CITY OF SHAKOPEE 167 (. Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police 4./09-4. SUBJECT: 1997-1998 Police Liaison and Educational Services Agreement DATE: May 6, 1998 INTRODUCTION: The Police Department is requesting Council to authorize a Police Liaison and Educational Services Agreement(D.A.R.E. Contract)between Independent School District 720 and the City of Shakopee. BACKGROUND: Minnesota Statute 124.912, Subdivision 6, authorizes the School District to levy a$1.00 Crime Related Costs tax or D.A.R.E. tax. The proceeds of this levy must be used to pay the cost for salaries, benefits and transportation of police officers providing liaison services in middle and secondary schools and to pay the cost of a drug abuse prevention program (D.A.R.E.)in the elementary schools. The law also requires the school district to attempt to contract with the local police department to provide these services. If the local police department does not choose to provide these services, the school district may contract with someone else. The police department has routinely provided community schools with services such as bicycle safety, Halloween safety, Junior Police, personal safety, D.A.R.E., and talks on selected subjects for the last several years. To comply with the Minnesota Statute 124.912, a contract between the School District and the City should be in place. After reviewing D.A.R.E. contracts used by other jurisdictions in the area, the attached document was prepared. A similar contract was approved by Council for the 1996-1997 school year. "-tre 1997-1998 Police Liaison and Education Services Agreement Pg. -2- ALTERNATIVES: 1. Approve the 1997-1998 Police Liaison and Educational Service Agreement. 2. Do not approve the agreement. RECOMMENDATION: Alternative#1. BUDGET IMPACT: The Police Department will be reimbursed in the amount of$16,515. for services rendered to Independent School District No. 720 during the 1997-1998 school year. ACTION REQUESTED: Authorize the appropriate city officials to execute the attached 1997-1998 Police Liaison and Educational Services Agreement between Independent School District No. 720 and the City of Shakopee. an Hu_ Vis, 'e`� olive 98DARE/PM Police Liaison and Educational Services Agreement Independent School District 720 and the City of Shakopee This Agreement is made and entered into the day and year set forth below,by and between Independent School District No.720(hereinafter"School District:")and the City of Shakopee(hereinafter"City"). The parties enter into this Agreement pursuant to Minnesota Statute 124.912,subd.6. For purposes of this agreement,the School District's participating elementary schools are,Pearson, Sweeney and Central. For purposes of this agreement,the School District's participating secondary schools are the Shakopee Junior High and the Shakopee Senior High. The parties hereto agree as follows: 1. The City agrees to provide a state certified police officer,certified as a D.A.RE. instructor,to instruct the D.A.RE.(Drug Abuse Resistance Education)program in the School District's elementary schools. 2. The City agrees to provide a state certified police officer in each of the School District's elementary schools for the purposes of educational programming(i.e.: Officer Friendly, Halloween safety,bicycle safety). 3. The City agrees to provide a state certified police officer in the School District's secondary schools for educational programming(i.e: personal safety training,D.A.R.E.follow-up, G.RE.A.T.,guest lectures). 4. The City agrees to provide a state certified police officer in each of the School District's secondary schools for an average of 10 hours per week when school is in session for the purpose of police liaison activities designed to develop a cooperative approach between the City, School District,students,parents,and other community resources to address needs of students and the community. These police liaison services shall include,but not be limited to,prevention of delinquency,protection of life and property,and law enforcement. The City also agrees to have an officer available to the District's elementary schools on an"on call"basis. 5. The parties agree that the police officers assigned to provide educational and police liaison services in the schools are employees of the City and its Police Department. The officers shall operate under the administration and supervision of the police department,but will work in cooperation with school administrators to achieve mutually agreed goals for the police department,school and students. 6. The School District shall pay the City the amount of$16,515.for the services included in this Agreement. The payment shall be made upon receipt of an invoice from the City. 7. This Agreement is effective for the 1997-98 school year. This Agreement dated this day of 1998. •, • '7W Mayor,Jon Brekke uperinte t y t,Robert Ostl u d City Administrator,Mark McNeill Police Chief,Dan Hughes City Clerk,Judy Cox is: 6. 5. CITY OF SHAKOPEE CONSENT. TO: Mayor and City Council Mark McNeil, City Administrator FROM: Dan Leadstrom, Station Committee Member SUBJECT: Furniture for New Station DATE: May 14, 1998 INTRODUCTION: Two bids are submitted to the Shakopee Fire Department for furniture to be placed in the lounge area. Due to the wide range of furniture, make, style and color, it was difficult to have matching bids. DISCUSSION: We received 2 bids for furniture. One bid is from Schneiderman's and one is from Timber Creek Furniture. For both bids the same style, fabric color and grade were submitted. Timber Creek bid is: $1,996.00 Schneiderman's bid is: $2,002.09 RECOMMENDATION: We recommend purchasing the furniture for $1,996.00 from Timber Creek, also submitted were prices for an end table and a coffee table. We were unable to compare the same ones. We are confident that Timber Creek will give us the best service and quality. ACTION: Need approval. ,� ,.�.. .� # . , y„i • CITY OF SHAKOPEE /5. 8,q . Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Truck Radio Systems DATE: May 15, 1998 Fire Chief Terry Link is requesting $8,898 to purchase a new set of radios for the two new fire trucks. The $8,898 was not provided in the 1998 Budget. However,the logical source of funding for that is the internal service fund which,while budgeted in the future years for other acquisitions, would be able to absorb the $8,898 without a problem. Its current balance is approximately $1.5 •million. 71/0.-4 //e1A, Mark McNeill City Administrator MM:tw RADIOS.DOC /5". 6. X CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeil, City Administrator FROM: Terry Link, Fire Chief SUBJECT: Radio systems for new apparatus DATE: 4/20/98 INTRODUCTION: Two fire pumping engines are being built for the City of Shakopee by Pierce Manufacturing. The committee specifying the apparatus did not include radios in the bid specifications. The committee has considered moving existing radio systems from old apparatus to these engines upon arrival. After researching this and examination of the radios with Emergitek radio service, the apparatus committee proposes we purchase new radios for these apparatus due to the age of the radios, their condition, and the limited ability to service them. Radio communication is the backbone to a fire/rescue scene operation and we cannot afford to have radios which are not completely reliable and quickly serviceable. DISCUSSION: We received 2 bids for 2 radio systems (one for each truck). One bid is from Ancom Communications and one is from R&D Communications, Inc. For both bids the overall radio configuration is the same as those on existing apparatus using currently available radio models from Motorola. The bid total for Ancom Communications is $8,898.00 The bid total for R&D Communications, Inc. is $9,707.00 RECOMMENDATION: We recommend purchasing the radio systems from Ancom Communication for $8,898.00. This will provide radios which will last and be serviceable for the lifetime of the truck. We also recommend this amount be added to the cost of the Truck-Pumper apparatus line item in the Internal Service Equipment Fund for 1998. ACTION REQUIRED: A motion to purchase the radio systems from Ancom Communication for$8,898.00. /s .0 . 1. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request for Amended Resolution Approving the Final Plat of Weston Ponds MEETING DATE: May 19, 1998 Introduction: On April 21, 1998 the Council approved the final plat of Weston Ponds, which created a lot(Eldon Greenwood's homestead) and 2 outlots. At the same meeting the Council approved the final plat of Weston Ponds 2nd Addition. The plat of Weston Ponds was intended by the applicant (Arcon)to facilitate the land transfers between Mr. Greenwood and Arcon, and between Arcon and Pulte. Resolution No. 4898 contains several conditions which staff has concluded would necessitate a developers agreement for Weston Ponds. However, because the applicants only intended the plat of Weston Ponds to facilitate land transfers, and because the resolution approving the final plat of Weston Ponds 2nd Addition contains the same conditions, Arcon is requesting that the final plat resolution for Weston Ponds be amended to eliminate those conditions. This would obviate the need for a developers agreement for Weston Ponds, and would thus allow the release of the mylars for Weston Ponds for recording. A concomitant effect is that the City would not be able to require a letter of credit for cost of public improvements attributable to Eldon Greenwood's property. For that reason, the accompanying resolution contains a condition that would allow the City to impose the security requirement should the property develop. Arcon, and apparently Pulte, in consideration for amendment of this resolution, have offered to provide the City with all the financial security required for the public improvements connected with these plats. It is hoped that the details of how to accomplish this will be worked out prior to the Tuesday evening Council meeting. Accompanying this report is a draft resolution, No. 4909, for the Council's consideration. Alternatives: 1. Approve Resolution No. 4909, a resolution approving the final plat of Weston Ponds subject to conditions. 2. Approve Resolution No. 4909 with revised conditions. 3. Deny the request for approval of Resolution No. 4909. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. 1. Action Requested: Offer and approve Resolution No. 4909, a resolution approving the final plat of Weston Ponds with conditions. R. Michael Leek Community Development Director RESOLUTION NO. 4909 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE FINAL PLAT OF WESTON PONDS WHEREAS, the Planning Commission of the City of Shakopee did review the final plat of Weston Ponds on April 9, 1998, and the preliminary plat of Weston Ponds on December 18, 1997, and February 5, 1998, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. WHEREAS, the City Council originally approved the final plat of Weston Ponds by passing Resolution No. 4898; and WHEREAS, the property upon which the request is being made is legally described on Exhibit A, attached hereto; and WHEREAS, the Council has determined that there is no need for a developers agreement for public improvements in connection with the plat of Weston Ponds, since all associated public improvements will be required, and financial security provided, in connection with the plat of Weston Ponds 2nd Addition; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the final plat of Weston Ponds is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) The developer shall provide easements, as required by City Code. b) At such time as any rezoning, plat, conditional use permit, building permit or other City approval shall be granted for Lot 1, Block 1, Weston Ponds, the City may at its option require the provision of security for assessments pending against said lot for public improvements constructed in connection with the plat of Weston Ponds 2nd Addition. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat. 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 is\commdev\cc\1998\fpweston.doc RESOLUTION NO.4898 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE FINAL PLAT OF WESTON PONDS WHEREAS,the Planning Commission of the City of Shakopee did review the final plat of Weston Ponds on April 9, 1998, and the preliminary plat of Weston Ponds on December 18, 1997, and February 5, 1998, and has recommended its approval; and WHEREAS,the property upon which the request is being made is legally described on Exhibit A, attached hereto; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the final plat of Weston Ponds is hereby approved subject to the following conditions: a) Weston Lane shall be constructed to a width of 36 feet measured from curb face to curb face. b) 17th Avenue shall be constructed with a minimum street width of 50' (curb face to curb face). Per city policy for residential developments, the developer is responsible for paying the cost of the local street equivalent (36' wide curb face to curb face). The developer will be required to sign a petition and waiver for the 17th Avenue improvement. c) The Plat shall be revised to reflect an additional 25 feet of right-of-way dedication for C.R. 17 per Scott County's request. d) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: i:\commdevkc\1998\fpweston.doc 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 f sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The developer shall provide easements, as required by City Code. 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 d/sr day of"6j i i -. , 1998. 91,,,--P VA-dc4,-- Mayor of the City of Shakopee ATTEST:_ ) pi( CJerk ik PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 i:\commdev\cc\1998\fpweston.doc RESOLUTION NO.4899 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE FINAL PLAT OF WESTON PONDS 2ND ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the final plat of WESTON PONDS 2ND ADDITION on April 9, 1998, and the preliminary plat of Weston Ponds on December 18, 1997, and February 5, 1998, and has recommended its approval; and WHEREAS,the property upon which the request is being made is legally described on Exhibit A, attached hereto; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the final plat of WESTON PONDS 2ND ADDITION is hereby approved subject to the following conditions: a) Weston Lane shall be constructed to a width of 36 feet measured from curb face to curb face. b) The following design criteria will be used for the private streets within the development: i) Private Driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150' long then a turn-a- round is required (cul de sac, hammerhead, etc.) Minimum width 28' with parking on one side; or 32' with parking on both sides. Must be less than 500' long. Minimum setback from back of curb is 20'. Will not be turned over to the City in the future. ii) Private Street. Defined as an access for units with more than one access. Minimum width 28' with parking on one side; or 32' with parking on both is\commdev\cc\1998\fpwest2.doc sides. Minimum setback from back of curb is 20'. Minimum 7 ton design. Will not be turned over to the City in the future. iii) Private Street Jogs. Private street jogs(intersections less than 150') are not allowed. c) 17th Avenue shall be constructed with a minimum street width of 50' (curb face to curb face). Per city policy for residential developments, the developer is responsible for paying the cost of the local street equivalent(36' wide curb face to curb face). The developer will be required to sign a petition and waiver for the 17th Avenue improvement. d) The following procedural actions must be completed prior to the recording of the Final Plat: i) The developers enter into an agreement with SPUC prior to final plat approval limiting the number of lots/houses that can be served by the proposed water services without additional looping having been completed. ii) Approval of title by the City Attorney. iii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. f) The developer shall be responsible for payment of Trunk Storm Water Charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. ii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iii) The developer shall provide easements, as required by City Code. BE IT FURTHER RESOLVED,that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in L),,' f . session of the City Council of the City of Shakopee, Minnesota held the A) Srday of i w ► 1998. Mayor of the City of Shakopee is\commdev\cc\1998\fpwest2.doc • • ATTEST: City • k PRE 'ARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 is\commdev\cc\1998\fpwest2.doc . .• . . ' . ,. . . . . 1 , isOrirtrII at 33 • 5f I i .5q r r/ :4 r I. 5'1 FA a 0 ' i.Ic,' f •41 0 '3 -ti f Itiu i '1;11 iiil- 1:iii ... , Ilili g.iip •e•1:11 : lE ,''—Cir—'1—'—i0p33,...cf'57•047 f:11 :II' . „ is, '47. g.•g II:§111 . 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RESOLUTION NO. 4909 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE FINAL PLAT OF WESTON PONDS WHEREAS, the Planning Commission of the City of Shakopee did review the final plat of Weston Ponds on April 9, 1998, and the preliminary plat of Weston Ponds on December 18, 1997, and February 5, 1998, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. WHEREAS, the City Council originally approved the final plat of Weston Ponds by passing Resolution No. 4898; and WHEREAS, the property upon which the request is being made is legally described on Exhibit A, attached hereto; and WHEREAS, the Council has determined that there is no need for a developers agreement for public improvements in connection with the plat of Weston Ponds, since all associated public improvements will be required, and financial security provided, in connection with the plat of Weston Ponds 2nd Addition; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the final plat of Weston Ponds is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) The developer shall provide easements, as required by City Code. iii) The property owners of Lot 1, Block 1, Weston Ponds shall sign waivers of assessment appeal for the cost of assessments not to exceed 125% of the estimated assessments. b) At such time as any rezoning, plat, conditional use permit, building permit or other City approval shall be granted for Lot 1,Block 1, Weston Ponds, the City may at its option require the provision of security for assessments pending against said lot for public improvements constructed in connection with the plat of Weston Ponds 2nd Addition. c) Outlots A and B shall not be further developed until the Council approves a final plat therefore, a developers agreement is entered into and appropriate security is posted with the City for improvements made pursuant to the developers agreement(s), including 17th Avenue and Weston Lane. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat. 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 is\co mmdev\cc\1998\fpweston.doc �s. D. Z . CITY OF SHAKOPEE SONSENTMemorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Vacation of Blanket Easement in Terrence Addition (1016 Apgar Street South) APPLICANT: Connie&Marianne A. Schmid, husband&wife DATE: May 19, 1998 Introduction The attached Resolution No. 4912 sets a public hearing date to consider the vacation of a blanket easement. Mr. Connie Schmid is requesting to have the blanket easement vacated which encumbers the above described property. This blanket easement was initially slated for an electrical transmission easement. Shakopee Public Utilities has investigated this matter, and has determined their transmission line is located within the adjacent platted alley. Therefore, the blanket easement is no longer needed. This easement is also legally described on the attached resolution. Discussion The attached resolution sets a public hearing date of June 16th, 1998. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission (June 4th, 1998 meeting),will be presented to the City Council for your consideration. Action Requested Offer Resolution No. 4912 a Resolution Setting the Public Hearing Date to Consider the Vacation of an Easement within Terrence Addition, and move its adoption. i:\commdev\cc\1998\cc0505\vacgonya.doc rw, , RESOLUTION NO. 4912 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF AN EASEMENT WITHIN TERRENCE ADDITION WHEREAS,it has been made to appear to the Shakopee City Council that a blanket easement dedicated within Terrence 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 16th day of June, 1998, at 7:00 P.M. or thereafter, on the matter of vacating the easement within Terrence Addition,City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee, MV iinnesota, 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 . .--. 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"- .0 . �. a r 111g , -•.-- 4-".., o 4 i a - ' '9 a's"',1 is.'• �, * iA.e> ,,.. , 4 ;,t', t j ,z,,,,:,,der`t 4V -- ` ve. cx r•w -� < _____,,;.;.....-----.11; `` ' ,' t T sof - .. �.7 ` 4 ' s,,. .fit. ,ar ''• # d. '. +w , - . ,►>-. w.• . :.rr=•- w.„...,.,.; '•+ ",.+.t-••_.•.• :,.--..-.e .. F Y� filar; 4A /5-/ a 5 CITY OF SHAKOPEE Memorandum r CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of a Portion of a Right of Way Easement in Scenic Heights 3'd Addition (adjacent to 1005 South Miller Street) APPLICANT: Stephen Schmitz MEETING DATE: May 19, 1998 Introduction: The attached Resolution sets a public hearing date to consider the vacation of a portion of a right of way easement adjacent to Mr. Schmitz property. The attached resolution sets a public hearing date of June 16th, 1998. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission(June 4th, 1998 meeting),will be presented to the City Council for consideration. Action Requested: Offer the accompanying resolution, a Resolution Setting the Public Hearing Date to Consider the Vacation of an Easement within Scenic Heights 3'd Addition, and move its adoption. R. Michael Leek Community Development Director -r , . RESOLUTION NO. A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF AN EASEMENT WITHIN SCENIC HEIGHTS 3RD ADDITION WHEREAS,it has been made to appear to the Shakopee City Council that a portion of a right of way easement dedicated within Scenic Heights 3"'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 16th day of June, 1998, at 7:00 P.M. or thereafter, on the matter of vacating a portion of a right of way easement within Scenic Heights 3'd 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 15 . Q.L\ CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Ord. No. 516; Text Amendment Regarding Planned Unit Developments(PUD's) MEETING DATE: May 19, 1998 INTRODUCTION: At its December 4, 1997, and January 8, 1998, meeting, the Planning Commission reviewed a proposed text amendment to the section of the Shakopee City Code that addresses Planned Unit Developments (PUD's). On January 20, 1998, the City Council reviewed the proposed text amendment and directed staff to further review the issue of allowing density increases. Staff is suggesting the language found in Subd. 4.A regarding that issue. The proposed language would allow density increases to occur if the development provides 30% or more of the gross project area as open space or if the development site is restricted by geologic and/or topographic features on 30% or more of the site. Section 11.83, Subd. 2 of the City Code states "the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings. Criteria#1: That the original zoning ordinance is in error. Finding#1: The original zoning ordinance is not in error. Criteria#2: That significant changes in community goals and policies have taken place. Finding#2: Changes in community goals and policies have taken place in regard to Planned Unit Developments. Revisions to the PUD ordinance are necessary to implement the policies and community goals that have been adopted/expressed. Criteria#3: That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3: Development patterns within the City have changed with the recentMUSA extensions. As the community continues to grow, the growth necessitates that this issue is addressed in the Code. Criteria#4: That the comprehensive plan requires a different provision. Finding#4: The proposed amendment is not in conflict with the comprehensive plan. ALTERNATIVES: 1. Approve Ord. No. 516 as presented. 2. Approve Ord. No. 516 with revisions. 3. Do not approve Ord. No. 516. 4. Table a decision and requestadditional information from staff. ACTION REQUESTED: Offer and approve Ordinance No. 516. ti p, Julie Klim. Planner II i:\commdev\cc\1998\cc0519\pudordta.doc ORDINANCE NO. 516, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11,ZONING, SEC. 11.50, PLANNED UNIT DEVELOPMENT DISTRICT BY REPLACING IT IN ITS ENTIRETY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.50, Planned Unit Development District, is hereby amended by replacing it in its entirety with the following; Subd. 1. Purpose. It is the purpose of the planned unit development overlay district (PUD)to encourage innovation, variety, and creativity in site planning and architectural design; to promote flexibility in land development and redevelopment; to maximize development compatibility; to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to preserve and protect environmentally sensitive site features and historically significant features; to preserve open space; and to provide quality living, working shopping and recreating environments for residents and visitors. It is not the intent of this section to establish a separate zoning classification. Subd. 2. Areas Covered. A. The planned unit development overlay district may be applied within any zone. B. Any or all contiguous land owned by the applicant shall be included in a planned unit development when necessary to meet the purpose of this district. Subd. 3. Permitted, Conditional, and Accessory Uses. A. Uses allowed in a single use planned unit development shall be limited to the permitted, conditional, and accessory uses allowed in the underlying zone. A single use planned unit development is a development consisting solely of one of the following use categories: residential, commercial, or industrial. B. Uses allowed in a mixed use planned unit development may consist of consistent with those uses permitted, conditional, and accessory allowed in the underlying zoning district and/or a similar use zoning district. The City may place more restrictive conditions on the mixture of uses within a planned unit development to ensure preservation of the public health, safety, and welfare, compliance with the intent of this Chapter, and that land uses occurring within the planned unit development, and between the planned unit development and the surrounding land uses, do not conflict. A mixed-use planned unit development is a development consisting of any combination of residential, commercial or industrial uses. Subd. 4. Design Standards. A. Density shall be as specified in the underlying zone. Public right-of-way and private street area from back of curb to back of curb shall be excluded in calculating acreage, for the purposes of calculating density. Increases in density beyond that allowed in the underlying zone shall only be allowed when the following criteria are met: 1. Open space provided in the PUD is equal to or exceeds 30% of the project area; or 2. Geologic and/or topographic features unduly restrict development opportunities on 30% or more of the gross project area. B. Open space: a planned unit development, which includes dwellings, shall provide at least fifteen (15) percent of the project area as open space. If the planned unit development is to be developed in phases, the applicant must include the entire site in the plat of the first phase of development and designate public open space. Open space is a landscaped area or areas available for the common use of and is accessible by all residents or occupants of the buildings within the planned unit development. Open space shall be calculated on a net basis which excludes private yards, private streets from back of curb to back of curb, public rights-of-way, any areas within an easement or any other non- recreational impervious surface area. Dedicated parkland shall not be used in calculating open space for a development. The applicant shall be required to submit, along with the PUD site plan, an open space plan illustrating the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area. Private yards shall be defined as that portion of a lot not occupied by a structure and under the ownership and/or control of the individual property owner or those areas adjacent to the residential units which are typically viewed and/or utilized by the occupants of the residential units as an extension of their dwelling unit. There shall not be any credit given to the open space requirements. C. Minimum street yard setback for private streets located entirely within the residential area(s) of the planned unit development: twenty(20) feet from the back of the curb line. D. Those areas within a PUD that are designated for residential development shall be allowed variations to the lot width and front yard setback requirements of the underlying zone. Variations shall only be allowed when the following criteria are met: 1. environmental features exist on the site and the variations are necessary to preserve these natural features; or/and 2. unique architectural design(s)/housing products are proposed for the development. Those areas within a PUD that are designated for commercial and/or industrial development shall be allowed to vary from the lot size standard of the underlying zone. Variations shall only be allowed when the following criteria are met: 1. environmental features exist on the site and the variations are necessary to preserve these natural features; or/and 2. unique architectural design(s) are proposed for the development. Environmental features shall be defined as any one or a combination of the following characteristics: 1. slopes in excess of 4:1; 2. tree cover measuring six(6) inches in diameter and/or six(6) feet in height covering 20% of more of the gross project site; 3. the existence of wetlands, lakes, marshes, streams, springs or other natural water bodies. Unique architectural design(s) shall be defined as those designs and/or products which enhance and/or compliment existing architectural designs or provide as a(n) element(s) of design features which contribute to the overall preservation of environmental features. The front yard setback and lot width may be reduced ten (10) feet from the requirement of the underlying zone. The lot width may only be reduced, from the underlying zone requirement, along streets, which are constructed at a width determined to be sufficient to provide for on-street parking. Public street and right-of-way width variations may also be allowed in a PUD. Public streets shall be a minimum of 32 feet in width measured from curb face to curb face and right-of-way width shall be a minimum of 55 feet. No other variations to the design standards of the underlying zone shall be allowed in the PUD approval process. E. The proposed planned unit development shall be comprised of at least ten (10) acres of contiguous land. PUD's of five(5)to ten(10) acres in size shall be allowed if the following criteria area met: 1. regional easements cover 30% or more of the project area; or/and 2. environmental features exist on the site which will be preserved through the PUD development process; or/and 3. The subject site is adjacent to an existing PUD and the PUD process will provide additional compatibility between the PUD's. F. The parcels of land, which are the subject of the PUD application, shall be under the applicant's control at the time of application. The development plan shall provide for the development of all of the parcel(s) included in the application. In addition, the development plan must include provisions for the preservation of natural amenities. G. The total coverage of residential buildings shall not exceed twenty(20) percent of the total residential area in the PUD. H. All PUD's shall have municipal sewer and water service available. I. No design standards shall be modified in any way, which violates or compromises the fire and safety codes of the City. J. More than one building may be placed on one platted lot in a PUD district. K. Any PUD plan proposed to be constructed in stages shall include full details relating to staging and the City Council may approve or modify, where necessary, any such proposals. L. The staging shall include the time for beginning and completion of each stage. Such timing may be subsequently modified by the City Council on the showing of good cause by the developer. Subd. 5. Special Provisions for Planned Unit Developments. A. Criteria for Granting a Planned Unit Development Application. The City Council shall base its decision to grant or deny an application for a planned unit development upon the following factors: 1. whether the proposed development is consistent in all respects with the comprehensive plan and with this ordinance; 2. whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses; 3. whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. 4. whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. 5. whether there exists an overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Subd. 6. Planned Unit Development Overlay District Application Process. A. An application for a Planned Unit Development Overlay District shall be submitted to the Zoning Administrator on forms provided by the City. The application shall be accompanied by the following: 1. a map or plat of the property and the land within 350 feet thereof; 2. a list of the names and addresses of the owners of all properties located wholly or partially within 350 feet of the property as such appear on the records of the Scott County Recorder prepared by a Certified Abstract Firm; 3. evidence of ownership or an interest in the property, applications must include the assent of the property fee owner; 4. in addition to the fee, when the request is for the addition or deletion of an overlay district, the Zoning Administrator may request that the applicant deposit an additional amount up to $1,000.00 for planning, engineering, administrative, and legal expenses incurred by the City for the review and processing of the application, if the Zoning Administrator anticipates that the application will cause the City to incur such expenses. Any portion of the supplemental deposit which is not used to reimburse the City will be refunded to the applicant; 5. if the request is inconsistent with the comprehensive plan, the application must be accompanied by an application for an amendment to the comprehensive plan; 6. a development plan which provides substantial conformance with the concept plan approved by the Planning Commission; and 7. such other information as may be required by the Zoning Administrator. 8. All plans and maps shall be prepared at the same scale unless otherwise approved by the Zoning Administrator. B. Concept Plan Review. A concept plan is designed to provide a general overview of the proposed development. The Planning Commission shall review the concept plan to determine whether the proposal generally fits the desired development patterns of the City. A concept plan shall include the following: 1. the application and paid fee; 2. a meeting shall be held with the residents within a 350 foot radius of the proposed PUD prior to the City scheduling a concept review. Documentation, outcomes, etc. of this meeting shall be submitted with the application information. 3. a cover letter describing the project, any anticipated variations, and how the project complies with the City's comprehensive plan; 4. a sketch of the project area, including approximate site size, proposed land uses and their approximate location within the site; surrounding land uses; existing and proposed public right-of-way; and unique, problematic, or desirable features of the site, such as wetlands or forests; 5. ownership of the property and identity of developer; 6. a general description of how adverse impacts on other property will be mitigated; and 7. any other information that the Zoning Administrator determines will be helpful in reviewing the proposal; C. Development Plan Review. The submittal information shall include the following: (1) a survey of the site prepared by a registered surveyor, showing site size, property lines, and legal description; (2) a map showing existing improvements and land ownership on and within 200 feet of the site, including the following: (a) the location and width of all streets and easements; (b)the location and size of all existing utilities, including sewers, manholes, watermains, hydrants, and culverts; (c)the location and size of all structures; (d) existing zoning; and (e) school district boundary lines. (3) a map showing natural conditions on and within 200 feet of the site, including the following: (a) contour lines at two (2) foot intervals; (b) soil types and their locations; (c) water features and drainage patterns; (d) vegetation, including a list of tree species; (4) a development plan showing the following information: (a) proposed uses of land, acreage for each use, recreation and open space areas, a tabulation of density or building square footage, impervious surface percentage, and project phasing and development timing; (b) information on proposed lots, including location, number, square footage, outer dimensions, and dimensions at setbacks; (c) proposed street information, including right-of-way and pavement widths, names, and layout; (d) information on structures, including location and dimensions of both existing and proposed structures; (e) proposed parking, driveway, and loading information, including location and dimensions of all driveways, off-street parking facilities, and loading facilities; (f) proposed and existing sidewalks and trails, including location and dimensions; (g) areas proposed to be dedicated to the public, including location, dimensions, and acreage; and (h) open space areas, including location, dimensions, acreage, and detailed information about any amenities; (i) an information table showing density per acre, open space area requirements; (5) a utility plan showing the following: (a) proposed location and size of sanitary sewer, watermains, storm sewers, and the gradient of each; (b) proposed point of discharge or connection to existing utilities; (c) location and dimensions of proposed and existing easements; (6) a stormwater management plan showing the following: (a) site grading at two foot contour intervals; (b) proposed stormwater management improvements and techniques; and (c) preliminary stormwater calculations; (7) a landscape plan prepared by or under the supervision of a landscape architect showing the following: (a) location, size, number, and spacing of all proposed plantings, including common and botanical names; (b) planting schedule by species name and size; (c) any berms, entry monuments, or other landscaping elements; and (d) lighting and signage information, showing the type, height, and location of all exterior lighting and signs; (8) a phasing plan showing the timeframe for construction of all improvements, including starting and completion dates; (9) preliminary architectural drawings illustrating schematic floor plans, building massing, elevations, structure heights, exterior construction materials, and the typical design and dimension of private yards; (10) a traffic analysis prepared by a professional engineer; and (11) any other information that the Zoning Administrator determines will be helpful in reviewing the proposal . D. City Council Action. 1. An application for a planned unit development overlay district may be approved, approved with conditions, or disapproved by a majority vote of the City Council. The City may impose such conditions as part of the approval of a development plan as it deems necessary in order to ensure consistency with the comprehensive plan and this ordinance. The Zoning Administrator shall maintain a record of all approved plans, amendments, and development agreements. E. Amendment. The Planning Commission may approve minor changes to an approved plan upon such hearing and notice, if any, as it deems appropriate. Minor changes are those changes listed below, when these changes do not significantly alter the original overall design, uses, or intent of the development: 1. changes in building location or size, which do not affect more than 10% of the site and/or floor space, not to exceed 10,000 square feet; 2. changes in landscaping, streets, parking, driveways, or site improvements which do not affect more than 10% of the site area, not to exceed 10,000 square feet; or 3. changes in dwelling units, which do not result in the number of housing units changing by more than 10%. Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1998. PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 8 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Planned Unit Developments (PUD's) DATE: January 8, 1998 INTRODUCTION At its December 4, 1997, meeting, the Planning Commission reviewed a proposed text amendment to the section of the Shakopee City Code that addresses Planned Unit Developments (PUD's). At that meeting, the Commission provided comment and direction to staff regarding the text amendment and continued the public hearing to January 8, 1998. DISCUSSION Staff has incorporated the comments made by the Planning Commission into the draft text amendment whichis attached as Exhibit A. Please note that information which is underlined is language proposed to be added and that information which is struck through is existing language that is proposed to be deleted. During the discussion on December 4, 1997, the Commission discussed density transfers. Upon further review by staff, it became apparent that in allowing density transfers, the net effect would be the allowance of density increases (which is an element that the draft PUD ordinance proposes to delete). Therefore, staff has not incorporated any language into Exhibit A which would allow density transfers. This is an issue that may warrant further discussion by the Commission. Section 11.83, Subd. 2 of the City Code states "the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings. Criteria #1: That the original zoning ordinance is in error. Finding#1: The original zoning ordinance is not in error. Criteria #2: That significant changes in community goals and policies have taken place. Finding #2: Changes in community goals and policies have taken place in regard to Planned Unit Developments. Revisions to the PUD ordinance are necessary to implement the policies and community goals that have been _ G adopted/expressed. Criteria#3: That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3: Development patterns within the City have changed with the recent MUSA extensions. As the community continues to grow, the growth necessitates that this issue be addressed in the Code. Criteria#4: That the comprehensive plan requires a different provision. Finding#4: The proposed amendment is not in conflict with the comprehensive plan. ALTERNATIVES 1. Recommend to the City Council the approval of the text amendment, as presented. 2. Recommend to the City Council the approval of the text amendment with revisions. 3. Do not recommend the proposed amendment to the City Council 4. Table a decision and request additional information from staff. ACTION REQUESTED Offer and approve a motion providing staff with direction on how to proceed with the proposed text amendment. 1014tIL Julie Klima Planner II i:\conunclev\boaa-p61998\pc0108\mixpud.doc 2 EXHIBIT A SEC. 11.50. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). Subd. 1. Purpose. It is the purpose of the planned unit development overlay district (PUD) to encourage innovation, variety, and creativity in site planning and architectural design; to promote flexibility in land development and redevelopment; to maximize development compatibility; to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to preserve and protect environmentally sensitive site features and historically significant features; to protect __ • -- . . . • . .- . - - ; to preserve open space; and to provide quality living, working shopping and recreating environments for residents and visitors. It is not the intent of this section to establish a separate zoning classification. Subd. 2. Areas Covered. A. The planned unit development overlay district may be applied within any zone. B -- • • . . • -• •. - • :. . any or all contiguous land owned by the applicant shall be included in a planned unit development when necessary to meet the purpose of this district. Subd. 3. Permitted. Conditional, and Accessory Uses. A. Uses permitted allowed in a single use planned unit development shall be limited to the permitted, conditional, and accessory uses allowed in the underlying zone, except as specifically authori A single use planned unit development is a development consisting solely of one of the following use categories: residential, commercial, or industrial. B. Uses permitted allowed in a mixed use planned unit development may consist of one or a mixture of uses consistent with those uses permitted, conditional, and accessory allowed in the underlying zoning district and/or a similar use zoning district . :- .;- -: o- -- • o: = - :. . =:---. plan. The City may place more restrictive conditions on the mixture of uses within a planned unit development to ensure preservation of the public health, safety, and welfare, compliance with the intent of this Chapter, and that land uses occurring within the planned unit development, and between the planned unit development and the surrounding land uses, do not conflict. A mixed use planned unit development is a development consisting of any combination of residential, commercial or industrial uses. 3 Subd. 4. Design Standards. A. Density shall be as specified in the underlying zone, unless modified in the development plan. Residential densities may be increased by up to 25 - - .__ ' . . :. -- . - . . Public right-of-way and private street area from back of curb to back of curb shall be excluded in calculating acreage, for the purposes of calculating density. B. Open space: a planned unit development which includes dwellings shall provide at least twenty(20)fifteen(15) percent of the project area as open space. If the planned unit development is to be developed in phases, the applicant must : - -- : - -- :: - : :::-':-. . -: . -. - each phase commit all designated open space areas with the first phase of development. Open space is a landscaped area or areas available for the common use of and is accessible by all residents or occupants of the buildings within the planned unit development. Open space does not include any impervious the underlying zoning district. Open space shall be calculated on a net basis which excludes private yards, private streets from back of curb to back of curb, public rights-of-way, any areas within an easement or any other non-recreational impervious surface area. Dedicated parkland shall not be used in calculating open space for a development. The developer applicant shall be required to submit, along with the PUD site plan, an open space plan illustrating the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area. Private yards shall be defined as that portion of a lot not occupied by a structure but under the ownership and/or control of individual(s) other than the entity (such as a homeowners association or the project developer) which owns/controls the common open space within the PUD. following amenities: 1. improvements in the open space for park or recreation purposes, 2. proof that the applicant is providing amenities desired by the City -0; - - -- . . . . . . , . - . , - - - , . - , - 4 There shall not be any credit given to the open space requirements. C. Minimum street yard setback for private streets located entirely within the planned unit development: fiftcen (15)twenty(20) feet from the back of the curb line. D. Residential PUD's shall be allowed variations to the lot width and front yard setback requirements of the underlying zone. Variations shall only be allowed when the following criteria are met: 1. environmental features exist on the site and the variations are necessary to preserve these natural features; or/and 2. unique architectural design(s)/housing products are proposed for the development. Environmental features shall be defined as any one or a combination of the following characteristics: 1. slopes in excess of 4:1; 2. tree cover measuring six (6) inches in diameter and/or six (6) feet in height covering 20% of more of the gross project site; 3. the existence of wetlands, lakes, marshes, streams, springs or other natural water bodies. Unique architectural design(s) shall be defined as those designs and/or products which enhance and/or compliment existing architectural designs or provide as a(n) element(s) of design features which contribute to the overall preservation of environmental features. The front yard setback and lot width may be reduced ten (10) feet from the requirement of the underlying zone. The lot width may only be reduced, from the underlying zone requirement, along streets which are constructed at a width determined to be sufficient to provide for on-street parking. Public street and right-of-way width variations may also be allowed in a PUD. Public streets shall be a minimum of 32 feet in width measured from curb face to curb face and right-of-way width shall be a minimum of 55 feet. No other variations to the design standards of the underlying zone shall be allowed in the PUD approval process. E. The proposed planned unit development shall be comprised of at least ten (10) acres of contiguous land. PUD's of five (5) to ten (10) acres in size shall be allowed if the following criteria area met: 1. regional easements cover 30% or more of the project area; or/and 5 2. environmental features exist on the site which will be preserved through the PUD development process; or/and 3. the subject site is adjacent to an existing PUD and the PUD process will provide additional compatibility between the PUD's. F. The parcels of land which are the subject of the PUD application shall be under the applicant's control at the time of application. The development plan shall provide for the development of all of the parcel(s) included in the application. In addition, the development plan must include provisions for the preservation of natural amenities. G. The total coverage of residential buildings shall not exceed twenty (20) percent of the total residential area in the PUD. H. All PUD's shall have municipal sewer and water service available. I. No design standards shall be modified in any way which violates or compromises the fire and safety codes of the City. J. More than one building may be placed on one platted lot in a PUD district. K. Any PUD plan proposed to be constructed in stades shall include full details relating to staging and the City Council may approve or modify, where necessary, any such proposals. L. The staging shall include the time for beginning and completion of each stage. Such timing may be subsequently modified by the City Council on the showing of good cause by the developer. B. Maximum impecvious surface percentage: as specified in the underlying in the development plan. D. Height: as specified in the underlying zone, unless modified in the development plan. •- •o - . . - . 6 eenelitiensi- 1. each let shall be a minimum of one half acre and shall have 2. easements shall be required over abutting open space with lot lines extended for sewage treatment to supply at least to use alternative systems such as mounds or double 3. thepl Banned unit development district association shall d. in order to assure sufficient land for septic systems, at least (Ord. 180, April 21, 1997) B. Performance standards slbe as speci€ied in the underlying zone, unless modified in Pafkint-r-equirements, Subd. 5. Special Provisions for Planned Unit Developments. A. Criteria for Granting a Planned Unit Development Application. The City Council shall base its decision to grant or deny an application for a planned unit development upon the following factors: 1. whether the proposed development is consistent in all respects with the comprehensive plan and with this ordinance; 2. whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses; 3. whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. 4. whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In 7 evaluating each individual proposahthe recognition of this objective will be a basic consideration in granting approval or denial. 5. whether there exists an overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However,the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Subd. 6. Planned Unit Development Overlay District Application Process. A. An application for a Planned Unit Development Overlay District shall be submitted to the Zoning Administrator on forms provided by the City. The application shall be accompanied by the following: 1. a map or plat of the property and the land within 350 feet thereof; 2. a list of the names and addresses of the owners of all properties located wholly or partially within 350 feet of the property as such appear on the records of the Scott County Recorder prepared by a Certified Abstract Firm; 3. evidence of ownership or an interest in the property, applications must include the assent of the property fee owner; 4. in addition to the fee, when the request is for the addition or deletion of an overlay district, the Zoning Administrator may request that the applicant deposit an additional amount up to $1,000.00 for planning, engineering, administrative, and legal expenses incurred by the City for the review and processing of the application, if the Zoning Administrator anticipates that the application will cause the City to incur such expenses. Any portion of the supplemental deposit which is not used to reimburse the City will be refunded to the applicant; 5. if the request is inconsistent with the comprehensive plan, the application must be accompanied by an application for an amendment to the comprehensive plan; 6. a development plan which provides substantial conformance with the concept plan approved by the Planning Commission; and 8 • 7. such other information as may be required by the Zoning Administrator. 8. All plans and maps shall be prepared at the same scale unless otherwise approved by the Zoning Administrator. B. Concept Plan Review. A concept plan is designed to provide a general overview of the proposed development. The Planning Commission shall review the concept plan to determine whether the proposal generally fits the desired development patterns of the City. A concept plan shall include the following: 1: the application and paid fee; 2. a meeting shall be held with the adjacent neighborhood residents of the proposed PUD prior to the City scheduling a concept review. Documentation, outcomes, etc. of this meeting shall be submitted with the application information. 3. a cover letter describing the project, any anticipated variances needed variations, and how the project complies with the City's comprehensive plan; 4. a sketch of the project area, including approximate site size, proposed land uses and their approximate location within the site; surrounding land uses; existing and proposed public right-of-way; and unique, problematic, or desirable features of the site, such as wetlands or forests; 5. ownership of the property and identity of developer; 6. a general description of how adverse impacts on other property will be mitigated; and 7. any other information that the Zoning Administrator determines will be helpful in reviewing the proposal; C. Development Plan Review. The development plan submittal information shall include the following: (1) a survey of the site prepared by a registered surveyor, showing site size, property lines, and legal description; 9 (2) a map showing existing improvements and land ownership on and within 200 feet of the site, including the following: (a) the location and width of all streets and easements; (b) the location and size of all existing utilities, including sewers, manholes, watermains, hydrants, and culverts; (c) the location and size of all structures; (d) existing zoning; and (e) school district boundary lines. (3) a map showing natural conditions on and within 200 feet of the site, including the following: (a) contour lines at two (2) foot intervals; (b) soil types and their locations; (c) water features and drainage patterns; (d) vegetation, including a list of tree species; (4) a development plan showing the following information: (a) proposed uses of land, acreage for each use, recreation and open space areas, a tabulation of density or building square footage, impervious surface percentage, and project phasing and development timing; (b) information on proposed lots, including location, number, square footage, outer dimensions, and dimensions at setbacks; (c) proposed street information, including right- of-way and pavement widths, names, and layout; 10 (d) information on structures, including location and dimensions of both existing and proposed structures; (e) proposed parking, driveway, and loading information, including location and dimensions of all driveways, off-street parking facilities, and loading facilities; (f) proposed and existing sidewalks and trails, including location and dimensions; (g) areas proposed to be dedicated to the public, including location, dimensions, and acreage; and (h) open space areas, and amenities designed to obtain open space credits, including location, dimensions, acreage, and detailed information about any amenities; (i) an information table showing density per acre, open space area requirements, and estimated open space credits; (5) a utility plan showing the following: (a) proposed location and size of sanitary sewer, watermains, storm sewers, and the gradient of each; (b) proposed point of discharge or connection to existing utilities; (c) location and dimensions of proposed and existing easements, proposed or existing wells, a minimum of two septic sites per lot, soil percolation tests, and soil boring tests; (6) a stormwater management plan showing the following: 11 (a) site grading at two foot contour intervals; (b) proposed stormwater management improvements and techniques; and (c) preliminary stormwater calculations; (7) a landscape plan prepared by or under the supervision of a landscape architect showing the following: (a) location, size, number, and spacing of all proposed plantings, including common and botanical names; (b) planting schedule by species name and size; (c) any berms, entry monuments, or other landscaping elements; and (d) lighting and signage information, showing the type, height, and location of all exterior lighting and signs; (8) a phasing plan showing the timeframe for construction of all improvements, including starting and completion dates; (9) preliminary architectural drawings illustrating schematic floor plans, building massing, elevations, structure heights, exterior construction materials, and the typical design and dimension of private yards; (10) a traffic analysis prepared by a professional engineer; and (11) any other information that the Zoning Administrator determines will be helpful in reviewing the proposal such other information as the City Council may require. D. City Council Action. 12 1. An application for a planned unit development overlay district may be approved, approved with conditions, or disapproved by a majority vote of the City Council. The City may impose such conditions as part of the approval of a development plan as it deems necessary in order to ensure consistency with the comprehensive plan and this section ordinance. The Zoning Administrator shall maintain a record of all approved plans, amendments, and development agreements. 2. To the extent necessary to protect the City's interest, for each development agreement with the developer. The agreement shall recordable- form. No planned unit development involving a developer. E. Amendment. The Planning Commission may approve minor changes to an approved plan upon such hearing and notice, if any, as it deems appropriate. Minor changes are those changes listed below, when these changes do not significantly alter the original overall design, uses, or intent of the development: 1. changes in building location or size which do not affect more than 10% of the site and/or floor space, not to exceed 10,000 square feet; 2. changes in landscaping, streets, parking, driveways, or site improvements which do not affect more than 10% of the site area, not to exceed 10,000 square feet; or 3. changes in dwelling units which do not result in the number of housing units changing by more than 10%. 13 /S, D. S" CITY OF SHAKOPEE Memorandum CONSENT, TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Purchase of Liability Insurance for Suburban Transit Association(STA) MEETING DATE: May 19, 1998 INTRODUCTION: In January of this year the STA determined that it would be desirable for the STA to purchase liability insurance through the League of Minnesota Cities Insurance Trust(LMCIT). The coverage limits would be$750,000, and the estimated annual premium for this coverage is$879.00. The cost would be paid from current STA funds. Ratification of this decision by the members is required. A copy of the proposed coverage and waiver form are attached for the Council's information. If the Council ratifies the coverage,LMCIT will be notified by City staff. ALTERNATIVES: 1. Approve STA's purchase of liability insurance, and authorize appropriate City officials to execute the LMCIT Liability Coverage Waiver Form. 2. Do not approve STA's purchase of liability insurance. 3. Table the matter for additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: A motion approving STA's purchase of liability insurance, and authorize appropriate City officials to execute the LMCIT Liability Coverage Waiver Form. /?' R. Michael Leek Community Development Director is\commdev\cc\1998\cc0519\STALIAB LMCIT LIABILITY COVERAGE -WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects:. I• f the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than$300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $750,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. . If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $750,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $750,000, regardless of the number of claimants. . If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased,regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. The City of ACLX.0 accepts liability coverage limits of$ g1-50(°°O from the League of Minnesota Cities Insurance Trust(LMCIT). Check one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. • Date of city council meeting Signature Position Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 Page 1 of 1 I T.C. FIELD &COMPANY Insurance and Bonds Since 1912 4 COVERAGE PROPOSAL FOR SUBURBAN TRANSIT ASSOCIATION C/O WASSERLI & KRAMER 145 UNIVERSITY AVENUE WEST, SUITE 450 ST. PAUL, MN 55103-2044 Prepared by: T.C. Field & Company 530 North Robert Street P.O. Box 64016 St. Paul, MN 55164 Mark D. Lenz Sales/Account Executive T.C. Field & Company Designated Agent of Record 530 North Robert Street • St.Paul,Minnesota 55101•(612)227-8405 Fax: (612)227-0507 Mailing Address: P.O.Box 64016•St.Paul,Minnesota 55164 An Affirmative Action Employer COVERAGES PROVIDED BY; LEAGUE OF MINNESOTA CITIES INSURANCE TRUST Property Inland Marine Municipal Liability Automobile Liability and Physical Damage Crime Excess Liability Bonds Boiler and Machinery Liquor Liability CLAIMS SERVICES: Berkley Risk Services, Inc. This is a proposal only, it is not intended to bind, alter, nor fully describe the formal contract. It is important to note also that we are not necessarily providing all the coverages requested or our proposal may not comply with your specifications. Property Not Covered Inland Marine Not Covered Crime Option 1: $10,000 Limit of Liability, $250 Deductible Option 2: $20,000 Limit of Liability, $250 Deductible COMPREHENSIVE MUNICIPAL LIABILITY COVERAGES - CLAIMS MADE BASIS $750,000 Combined Single Limit Retro Date: Inception Date of Covenant Deductible: $250 INCLUDED: Premises-Operations Independent Contractors Products-Completed Operations Fire Legal Liability - $50,000 limit per occurrence Premises Medical Payments - $1,000 per person/ $10,000 aggregate occurrence Watercraft - Less than 26 feet in length Malpractice Coverage for City Employees - excluding Attorneys, Architects, Doctors of Medicine, Dentists, Nurses and Pharmacists Personal Injury Liability - false arrest, advertising, wrongful entry and assault or battery Law Enforcement Employees, Officials and Volunteers are covered Fellow Employee Coverage Extended Reporting Period Guaranteed as to availability and cost No aggregate limit except for Products-Completed Operations and Medical Payments Coverage for negligent acts, errors, omissions and civil rights violations Broadened definitions of damages PARTIAL LIST OF EXCLUSIONS Airport and Aircraft Liability Utility Supply Failure Hospital and Nursing Home Liability Liquor Legal Liability Absolute Pollution Fireworks Bursting or Failure of Dams or Dikes Carnivals Rodeos Racing Unless Named: Joint Powers, Housing Authorities and Gas or Electric Utilities AUTOMOBILE $750,000 Liability Limit for Hired and Non-Owned Automobiles Deductible: $250 OTHER COVERAGES AVAILABLE UNDER THE LEAGUE PROGRAM: Property Inland Marine Open Meeting Law Boiler & Machinery Excess Liability Workers Compensation Liquor Liability PREMIUM SUMMARY With or Without Waiver MUNICIPAL LIABILITY $593.00 AUTOMOBILE $ 96.00 CRIME Option 1 $215.00 Option 2 $286.00 CON DITIONS: • QUOTATION VALID FOR 30 DAYS • MUST BE A MEMBER IN GOOD STANDING WITH THE LEAGUE OF MINNESOTA CITIES. IS: D. 6 . CITY OF SHAKOPEE Memorandum - TO: Honorable Mayor and City Council CONSENT Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Purchase of Computer MEETING DATE: May 19, 1998 Introduction: Recently the Council approved the expenditure of funds to proceed with the implementation of a Geographic Information System(GIS) for the City. The recently hired Planning Technician is principally responsible for the initial development and use of GIS software. The Planning Technician's current computer does not have the capacity to run the GIS software, ArcView. Staff sought 2"quotes" for a 333MHz computer for this purpose. One of the firms contacted was Gateway; the other was OPM Information Systems. Both prices also include a 17" monitor. The prices quoted are as follows; • Gateway $2,303.00 • OPM $3,170.00 Staff is requesting authorization to purchase the Gateway Computer. Authorization is needed not because of the cost of the computer, but because this specific item was not budgeted for 1998. There are, however, more than sufficient funds for the purchase in the Planning Management Budget (about$9,800.00). The Planning Technician's current computer would then be assigned to another position to replace an outdated"286" or"386". Alternatives: 1. Authorize the Community Development Director to purchase a 333 MHz computer with 17" monitor from Gateway Computer. 2. Do not authorize city staff to purchase a 333 MHz computer with 17" monitor from Gateway Computer. 3. Table the matter for additional information. Staff Recommendations: Staff recommends Alternative No. 1. Action Requested: Offer and approve a motion authorizing the Community Development Director to purchase a 333 MHz computer with 17" monitor from Gateway Computer. R. Michael Leek Community Development Director D. 7 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Appeal of Board of Adjustment& Appeals Decision Conditional Use Permits PC98-44 &PC98-45 APPLICANT: Independent School District No. 720 (Shakopee Public Schools) MEETING DATE: May 19, 1998 ITEM NO.: ATTACHMENTS: Attachment A: BOAA Staff report(May 7, 1998)for each C.U.P. Attachment B: Correspondence from Shakopee Schools INTRODUCTION: At their May 7th, 1998 meeting, the Board of Adjustment and Appeals approved (5-0 vote ) Resolution Nos. PC98-44 and PC98-45, resolutions granting a conditional use permit for the expansion and addition work to the existing Senior High and Junior High schools. On May 14, 1998, our office received an application of appeal to certain conditions within the C.U.P.'s, specifically, the capping of outdoor refuse containers(refer to Condition No. 1 in each report). This appeal is directed to City Council for your review and consideration. ACTION REQUESTED: Make a motion to either approve or deny the Appeal request and direct staff to draft a resolution consistent with that determination. � 4x1-060-- 'A' CITY OF SHAKOPEE Memorandum TO: Board of Adjustment and Appeals FROM: Tim Benetti, Planner I SUBJECT: Conditional Use Permit in the Urban Residential (R-1B)Zoning District (Shakopee Senior High School Expansion) DATE: May 7, 1998 Site Information: Applicant: Independent School District No. 720-Shakopee, MN w/Wold Architects&Engineers Location: 200 East Tenth Avenue (Southwest corner of Tenth Avenue and Spencer Street) Current Zoning: Urban Residential (R-1B)Zone Adjacent Zoning: North: Old Shakopee Residential (R-1C)Zone South: Urban Residential (R-1B)Zone East: Urban Residential (R-1B)Zone West: Urban Residential (R-1B)Zone 1995 Comp. Plan: Institutional Attachments: Exhibit A: Zoning Map Exhibit B: Letter of Intent Exhibit C: Site Plans Introduction: Independent School District No. 720, (with Wold Architects & Engineers) has submitted a Conditional Use Permit application for a renovation and addition project for the existing Senior High School. The applicant states this expansion would provide added space for the growing student population within our community, and funding was approved earlier by voters in a bond referendum. The expansion will allow the school to serve an additional 250 students, from the current 750 to 1,000 students. The school and proposed additions are subject to the City's conditional use permit standards. Considerations: The expansion project consists of a 32,900 sq. ft., two-story academic addition on the west side of the school; an 8,900 sq. ft., a one-story music suite addition, new entrance and lobby area on the east side of the school; and a 1,000 sq. ft., one-story heated storage addition to the southeast corner of the school. The proposed plans also call for revamping the existing parking lots to the east and south of the school, adding a drop-off lane near the new entrance, and adding 4 tennis courts on the west side of the school. City Code Section 11.86 (Conditional Use Permit Standards for Residential Zones), Subd. 2., Para. Y, provides the design standards and requirements for public schools in a residential zone. It appears the existing school and proposed additions meet these requirements. Staff and other agencies have reviewed the site plans submitted for this application, and have submitted their comments or suggested conditions. The proposed parking, landscaping, and building design meet the requirements of the zoning ordinance. Sewer and water service, fire protection and access shall be reviewed for code compliance by the City Planning, Building and Engineering Departments at time of building permit application. The applicant's site plan proposes a second access from the east parking lot onto County Road 79 (Spencer Street). Scott County Engineering, however, has commented that only one access from the east parking lot will be allowed, unless a traffic engineer can justify the need for two entrances. Scott County also suggests that the existing access may be moved further south to the proposed location if necessary, and permits are required to relocate any access points. Staff also discovered a large wheeled refuse container outside the shop area; along with two (2) large non-wheeled refuse containers, four (4) 55-gallon wheeled trash cans, and number of 55- gallon steel trash barrel containers near the south side of the school and loading docks. City Code requires that "refuse containers in business and industry zones which are visible from...residential areas...shall be screened to a height of six (6)feet." Although this is not in a business/industrial zone, Staff is recommending that screening (to a height of 6 feet) be provided for these refuse containers with a cover and/or roof on top of the refuse enclosure. In discussions with the applicant's architect, they are concerned that covers or caps may impede the loading/unloading of these containers. This item is tentatively added as part of the conditions of approval, and should be discussed by the Board. Findings: Section 11.85 (Conditional Use Permits), Subd. 1 (Criteria for Granting Conditional Use Permits) states that "In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole." The Board of Adjustment and Appeals shall not grant a conditional use permit without making certain findings. 2 The criteria required for the granting of conditional use permits are listed below with staff findings. Criteria#1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; Finding#1 Staff has received no evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criteria#2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2 The conditional use permit will not impede future development and improvement in the area. Criteria#3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided; Finding#3 Adequate utilities, access roads and drainage are provided at the site. Criteria#4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 The use of the subject property is consistent with the purposes of the Urban Residential (R-1B)Zone. Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 The use is not in conflict with the Comprehensive Plan. The 1995 Comprehensive Plan designates this area for Institutional uses, which is consistent with schools. Alternatives: 1. The Board may approve the conditional use permit as recommended by staff. 2. The Board may approve the conditional use permit with revised conditions. 3. The Board may deny the request with revised findings. 4. The Board may continue the public hearing for additional information. 5. The Board may table the request for additional information. Recommendation: Staff recommends Alternative No. 1, approval of the conditional use permit allowing an expansion and addition with conditions as follows: 1. All outdoor refuse containers shall be screened to a height of six (6) feet, and be capped or constructed with a roof to ensure complete coverage. 2. All driveway entrances and parking lots shall be appropriately signed, striped and marked. 3. Any new, revised or proposed exterior lighting shall be designed and constructed to eliminate direct illumination, glare and/or spill light into any surrounding residential 3 neighborhood lot(s) or streets. Applicant is responsible for providing mitigation measures to ensure compliance with exterior lighting standards as provided in City Code. 4. Only one access shall be allowed onto County Road 79 (Spencer Street). Any relocation or request to relocate the existing access will require an access permit from Scott County Engineer(Highway Department). 5. Any grading or utility work required within Scott County right-of-way will require a permit prior to any construction work. 6. No ponding, berming or signing will be allowed within the County right-of-way. 7. The proposed building expansion, parking layout and landscaping plan shall be consistent with the submitted site plans, subject to any modification(s) specified above or by the Board of Adjustment and Appeals. Action Requested: Offer a motion to approve Resolution No. PC98-45 as presented. Timothy Benetti Planner I i:\conundev\boaa-pc\1998\0507\srhi-cup.doc 4 RESOLUTION NO. PC98-45 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING A CONDITIONAL USE PERMIT FOR A PUBLIC SCHOOL EXPANSION& ADDITION IN THE URBAN RESIDENTIAL(R-1B)ZONE WHEREAS Independent School District No, 720, has filed an application dated and received April 10, 1998, for a Conditional Use Permit for Public Schools, under the provisions of Chapter 11, Land Use Regulation(Zoning), of the Shakopee City Code, Section 11.28, Subd. 3; and WHEREAS,this parcel is presently zoned Urban Residential(R-1B)Zone, and WHEREAS,the property upon which the request is being made is legally described as; SEE ATTACHED LEGAL DESCRIPTION-EXHIBIT A WHEREAS, notice was provided and on May 7, 1998, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment. NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the application for Conditional Use Permit No. PC98-45 is hereby GRANTED, subject to the following conditions: 1. All outdoor refuse containers shall be screened to a height of six(6) feet, and be capped or constructed with a roof to ensure complete coverage. 2. All driveway entrances and parking lots shall be appropriately signed, striped and marked. 3. Any new, revised or proposed exterior lighting shall be designed and constructed to eliminate direct illumination, glare and/or spill light into any surrounding residential neighborhood lot(s) or streets. Applicant is responsible for providing mitigation measures to ensure compliance with exterior lighting standards as provided in City Code. 4. Only one access shall be allowed onto County Road 79 (Spencer Street). Any relocation or request to relocate the existing access will require an access permit from Scott County Engineer(Highway Department). 5. Any grading or utility work required within Scott County right-of-way will require a permit prior to any construction work. 6. No ponding, berming or signing will be allowed within the County right-of-way. 7. The proposed building expansion, parking layout and landscaping plan shall be consistent with the submitted site plans, subject to any modification(s) specified above or by the Board of Adjustment and Appeals. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 7th day of May, 1998. Chair of the Board of Adjustment and Appeals ATTEST: Community Development Director CERTIFICATION OF RESOLUTION NO.PC98-45 I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. PC98-45, presented to and adopted by the Board of Adjustment and Appeals of the City of Shakopee at a duly authorized meeting thereof held on the 7th day of May, 1998, as shown by minutes of the meeting in my possession. Dated this day of , 19 . Judith S. Cox, City Clerk SEAL • • , ,. ...• 1.,p73ne 1I tiodronl Lover . .. • •• .. ^ .. . " • •• • .. I • I . .N..,..,, ••., '-----..-._ I I :BLOCK 9 . ' •- Li ill......... ----....,......-, FULLER 1 . FULtER ----...,...- / t 4 . 4 ...g, 4 4 4 MI _ leVifig. 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RI fei r 1 iiii j 1 ;In il -; ,, .••••°. ilifill ''''' t.• t --: - 000 ,,,,,, A x P. C) i 72 ! il : ,-.:-- .....1 -. •u i 0 33 0 ......1. .• fill ' i Pt in; -.L. !I ''.-•:,;-:,-7 ,..0. EXHIBIT C Ir �A CITY OF SHAKOPEE Memorandum TO: Board of Adjustment and Appeals FROM: Tim Benetti, Planner I SUBJECT: Conditional Use Permit in the Urban Residential (R-1B)Zoning District (Shakopee Junior High School Expansion) DATE: May 7, 1998 Site Information: Applicant: Independent School District No. 720-Shakopee, MN w/Wold Architects&Engineers Location: 1137 Marschall Road South (Southeast corner of Marschall Road and 11th Avenue) Current Zoning: Urban Residential (R-1B)Zone Adjacent Zoning: North: Urban Residential (R-1B)Zone South: Office Business (B-2)Zone/Urban Residential (R-1B)Zone East: Urban Residential (R-1B)Zone West: Urban Residential (R-1B)Zone/Marschall Road 1995 Comp. Plan: Institutional Attachments: Exhibit A: Zoning Map Exhibit B: Letter of Intent Exhibit C: Site Plans Introduction: Independent School District No. 720, (with Wold Architects & Engineers) has submitted an Conditional Use Permit application for a renovation and addition project for the existing Junior High School. The applicant states this expansion would provide added space for the growing student population within our community, and funding was approved earlier by voters in a bond referendum. The expansion will allow the school to serve an additional 250 students, from the current 750 to 1,000 students. The school and proposed additions are subject to the City's conditional use permit standards. Considerations: The existing junior high school consists of a 1-story brick building, with some limited outdoor sports facilities and parking lots. The expansion consists of a 19,700 sq. ft. academic addition on the north side of the school, and a 9,200 sq. ft. physical education (gymnasium) addition on the east side of the school. The proposed plans call for revamping the existing parking lots and drop-off lanes, in order to eliminate the cross-traffic between buses and personal vehicles. Buses will now use the former staff parking lot to the west, and parents and staff will use the front entrance and parking lot to the south. City Code Section 11.86 (Conditional Use Permit Standards for Residential Zones), Subd. 2., Para. Y, provides the design standards and requirements for public schools in a residential zone. It appears the existing school and proposed additions meet these requirements. Staff and other agencies have reviewed the site plans submitted for this application, and have submitted their comments or suggested conditions. The proposed parking, landscaping, and building design meet the requirements of the zoning ordinance. Sewer and water service, fire protection and access shall be reviewed for code compliance by the City Planning, Building and Engineering Departments at time of building permit application. A citizen has also provided comments to staff regarding neighbors concerns with parking along 11th Avenue, and the outdoor (open) storage of trash dumpsters. Staff investigated this matter, and has found that a limited number of vehicles park along 11th Avenue. Although parking is not prohibited along this roadway, the citizen wished to voice his and other neighbors concerns of employees and students parking along 11th Avenue, and suggests that someone (i.e. the Board and/or Staff) provide some type of measures or direct the school district to eliminate or reduce the parking along this road. Staff also discovered three (3) large refuse containers and a few large steel barrel trash containers near the north side of the school. City Code requires that "refuse containers in business and industry zones which are visible from...residential areas...shall be screened to a height of six (6) feet." Although this is not in a business/industrial zone, Staff is recommending that screening (to a height of 6 feet) be provided for these refuse containers, with a cover and/or roof on top of the refuse enclosure. This item is tentatively added as part of the conditions of approval, and should be discussed by the Board. Findings: Section 11.85 (Conditional Use Permits), Subd. 1 (Criteria for Granting Conditional Use Permits) states that "In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the City as a whole." The Board of Adjustment and Appeals shall not grant a conditional use permit without making certain findings. The criteria required for the granting of conditional use permits are listed below with staff findings. Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; Finding#1 Staff has received no evidence that the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. 2 Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2 The conditional use permit will not impede future development and improvement in the area. Criteria#3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided; Finding#3 Adequate utilities, access roads and drainage are provided at the site. Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 The use of the subject property is consistent with the purposes of the Urban Residential (R-1B)Zone. Criteria #5 The use is not in conflict with the Comprehensive Plan. Finding#5 The use is not in conflict with the Comprehensive Plan. The 1995 Comprehensive Plan designates this area for Institutional uses, which is consistent with schools. Alternatives: 1. The Board may approve the conditional use permit as recommended by staff. 2. The Board may approve the conditional use permit with revised conditions. 3. The Board may deny the request with revised findings. 4. The Board may continue the public hearing for additional information. 5. The Board may table the request for additional information. Recommendation: Staff recommends Alternative No. 1, approval of the conditional use permit allowing an expansion and addition with conditions as follows: 1. All outdoor refuse containers shall be screened to a height of six (6) feet, and be capped or constructed with a roof to ensure complete coverage. 2. All driveway entrances and parking lots shall be appropriately signed, striped and marked. 3. Any new, revised or proposed exterior lighting shall be designed and constructed to eliminate direct illumination, glare and/or spill light into any surrounding residential neighborhood lot(s) or streets. Applicant is responsible for providing mitigation measures to ensure compliance with exterior lighting standards as provided in City Code. 4. The proposed building expansion, parking layout and landscaping plan shall be consistent with the submitted site plans, subject to any modification(s) specified above or by the Board of Adjustment and Appeals. Action Requested: Offer a motion to approve Resolution No. PC98-44 as presented. Timothy Benetti Planner I i:\commdev\boaa-p6 1998\0507\jrhi-cup.doc 3 RESOLUTION NO.PC98-44 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING A CONDITIONAL USE PERMIT FOR A PUBLIC SCHOOL EXPANSION& ADDITION IN THE URBAN RESIDENTIAL(R-1B)ZONE WHEREAS Independent School District No, 720, has filed an application dated and received April 10, 1998, for a Conditional Use Permit for Public Schools, under the provisions of Chapter 11, Land Use Regulation(Zoning), of the Shakopee City Code, Section 11.28, Subd. 3; and WHEREAS,this parcel is presently zoned Urban Residential(R-1B)Zone, and WHEREAS,the property upon which the request is being made is legally described as; The North Half(1/2) of the Southeast Quarter of the Northeast Quarter of Section 7, Township 115, Range 22, Scott County,Minnesota; together with: The East 678.8 feet of the South Half(1/2) of said Southeast Quarter of the Northeast Quarter of Section 7, Township 115, Range 22, Scott County, Minnesota; excepting the South 16.5 feet thereof WHEREAS,notice was provided and on May 7, 1998, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment. NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the application for Conditional Use Permit No. PC98-44 is hereby GRANTED, subject to the following conditions: 1. All outdoor refuse containers shall be screened to a height of six (6) feet, and be capped or constructed with a roof to ensure complete coverage. 2. All driveway entrances and parking lots shall be appropriately signed, striped and marked. 3. Any new, revised or proposed exterior lighting shall be designed and constructed to eliminate direct illumination, glare and/or spill light into any surrounding residential neighborhood lot(s) or streets. Applicant is responsible for providing mitigation measures to ensure compliance with exterior lighting standards as provided in City Code. 4. The proposed building expansion, parking layout and landscaping plan shall be consistent with the submitted site plans, subject to any modification(s) specified above or by the Board of Adjustment and Appeals. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 7th day of May, 1998. Chair of the Board of Adjustment and Appeals ATTEST: Community Development Director CERTIFICATION OF RESOLUTION NO.PC98-44 I, Judith S. Cox, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. PC98-44, presented to and adopted by the Board of Adjustment and Appeals of the City of Shakopee at a duly authorized meeting thereof held on the 7th day of May, 1998, as shown by minutes of the meeting in my possession. Dated this day of , 19 Judith S. Cox, City Clerk SEAL • `a i an 1 'Lt Discipline Level Quadrant Lem I I II 00?09'52.4 51619 -- - . rliI111I �11111�11 4 u$o© O 1 II Si -- , .-.-.--.. I: ! #41.44: \\ x il • \ \ I I Fh - 4 •1 i. ° ".1 U ✓ � i++lUl+iN+I t__ I VI-4i I l�l l { ie t < .. :/Lc] ::: I .104 i 1 ..r Iwo) ' Ii • tl , • A p o t ;11, ' o R �1I • II o •. \ I;I I . 1. .•i It ?ii ._44.,z, .0 11 1 CfV�I i 1 4 I I 1 r—' 14 l ��. g'p Vx � 4-77L47 o 'rf 1 ' _ - g " , o ; 11 e. <° �U © sus i 6 I; i 01: _____/.1-1)':15:1-\\::::' � - • r.r rra..lo- c _ J 1 1 __ ` - r I , -11� �` ,,- : • k n 8 ivt Si O --5-;I . - --- -------------- ---------'- 1 I Ee -r 1 i} 643 o e ID Oi\ ` p� Y 1 f<'1 IJiI_Ll.l_L_�LLL c_I I \ r� _. 1 IIl. 0 1 aim =�I ; CD -^,. x•• IFFIIF1ll1111 1 11111 c---. Y (f) I .0' _I 1 AJ —I-----1 0 1 I I € C I 11 !i rrri ;elf i ``l '11 "1 = i i 11 11 _ 0 `/ I 183 : 1 - 4 . 11 i ] ] 0 1 ttll ; VN M. V g m;ii f i _ FXHIRIT( siimiopEE Shakopee School Board Superintendent Robert J. Ostlund Kathy Busch, Chair Director of Administrative Services: Ronald E. Ward Anne Tuttle, Vice Chair PUBLIC SCHOOLS Jessica Geis,Clerk Director of Business Services: Robert N. Martin Todd Anderson, Treasurer Director of Curriculum&Instruction: District Office Lori Gillick, Director Kenneth A. Rood Mary Romansky, Director Director of Special Services: Steve Schneider, Director Lee-Ann Sanborn NeCIEll AMY fJ�SIsQ1 14 $ May 12, 1998 R.Michael Leek Community Development Director City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 Dear Mr.Leek: Shakopee Public Schools hereby formally requests an appeal to the City Council for relief from the Condition No. 1 of the Conditional Use Permits PC 98-44 and PC 98-45 as approved by the Planning Commission on Thursday May 7, 1998. Specifically, Condition No. 1 requires that"All outdoor refuse containers shall be screened to a height of six(6) feet, and be capped or constructed with a roof to ensure complete coverage." Further, it is the district's understanding that current city ordinance requires a six (6) foot screen or fence, only. Our concerns are as follows: 1. Capped at the six foot height, it would be impossible for our staff to efficiently empty our smaller building containers into the dumpsters. 2. Capped at an eight foot height, there would be sufficient overhead-room to empty the building containers,but there would not be sufficient height for the waste management trucks to lift the dumpster overhead to empty it into the truck. Thus,it would be necessary for the truck operator to lift each dumpster,back out of the enclosure, empty it ,return it to the enclosure,back up the truck,realign the truck, and repeat the process for the next dumpster. This repeated need to back up large-heavy trucks, on school sites, is extremely dangerous. In fact, our school bus vendor has a policy that they will not back up a school bus in any parking lot or on school property due to the risk that it poses. Obviously, it is impossible to totally eliminate the backing of these trucks. However,elimination of the roof over the enclosure would allow the truck to pull up and empty the dumpster without backing up. The operator would only have to back up to realign on the next dumpster. 3. A third option would be to construct an enclosure that is of sufficient height to allow the trucks to lift and empty without backing up. However,this option begins to approach the size and cost of a classroom. 505 South Holmes • Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTRAL ASSOCIATION (612)496-5000 • fax: (612)445-8446 AN EQUAL OPPORTUNITY EMPLOYER . f1&r ` 3 . The district understands the spirit of Condition No. 1 and we are fully committed to working with the City and the building neighbors to provide a clean,trash-free environment. To date,I am not aware that the city has ever received a complaint about trash blowing out of our dumpster areas. Dumpsters at all district buildings are in excellent condition and have heavy duty vinyl covers. Our custodial staff has been instructed to be certain that dumpster covers are closed whenever trash is not being emptied into them. In conclusion,the District respectfully requests the elimination of the capping or roofing requirement of CUP 98-44 and 98-45. The ordinance requirement for screening can easily be implemented in a manner that provides for a cleaner more appealing school site for our neighbors but still addresses the District's safety concerns. Thank you for your consideration. Sincerely, Øe'c Ronald E.Ward Director of Administrative Services cc: Bob Ostlund, Supt. George Gorbatenka,Wold Architects Roger Schroepfer,Wold Architects file 1 X97&7 ,fi"` As: n. 8 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews SUBJECT: Robert Schilz Appeal of BOAA's Decision Regarding Variance to building setbacks and parking requirements. MEETING DATE: May 19, 1998 ATTACHMENTS: Attachment A: 5/7/98 Staff report to the BOAA. Attachment B: Mr. Schilz's response to application questions INTRODUCTION: At its May 7, 1998 meeting,the Board of Adjustment and Appeals voted 5-0 on a motion to deny a 7.5 foot variance to the 30 foot front yard setback in the B-1 Highway Business Zone with findings as proposed by staff and direct staff to draft a resolution denying the request. On May 14, 1998,Mr. Schilz filed an application of appeal to this decision to City Council. A copy of the staff report to the Board of Adjustments and Appeals is attached for reference. Mr. Schilz's response to questions regarding the unique undue hardship of the site is also attached. ACTION REQUESTED: Make a motion to either approve or deny the Appeal request and direct staff to draft a resolution consistent with that determination. Jared D. Andrews Planner I S ATTACHMENT A CITY OF SHAKOPEE Memorandum TO: Board of Adjustments and Appeals FROM: Jared D. Andrews, Planner I SUBJECT: Variance of 7 1/2 feet from the 30 foot required front yard setback. MEETING DATE: May 7, 1998 ITEM NO.: 4 SITE INFORMATION Applicant: Robert Schilz,Jr. Location: 931 East Bluff Avenue Current Zoning: Highway Business(B-1)Zone Adjacent Zoning: North: Agricultural Preservation(AG)Zone South: Highway Business(B-1)Zone East: Highway Business(B-1)Zone West: Highway Business(B-1)Zone(vacant) Comp.Plan: Medium Density Residential Attachments: Exhibit A, Location Map Exhibit B, Application request Exhibit C, Site Plan Exhibit D, Copy of Variance Resolution and parking plan INTRODUCTION: The applicant is requesting a 7 1/2 foot variance from the 30 foot front yard setback. A 7 1/2 by 12 1/2 foot addition is proposed to the front portion of the building closest to the road. The original building was built in 1979 with a 30 foot front yard setback, and an addition in 1987 was built out to the 20 foot side yard setback with a 40 foot front yard and 30 foot rear yard setback. The building is non-conforming in that a portion of the building which was built in 1979 encroaches into the rear yard setback. (See Exhibit C) B-1 (Highway Business Zone)minimum setbacks are as follows: front yard 30 feet rear yard 30 feet side yard 20 feet • • CONSIDERATIONS: The applicant obtained variances to the number of required parking spaces and parking setbacks. The front yard is paved from the length of the building to the street. This addition, if approved, would reduce parking area by at least one additional space and possibly two (see Exhibit D). In addition, parking shown to the rear(north side)of the building is not accessible to customers. Staff is also concerned with the accumulation of materials outside of the building. However, staff finds this to be a separate issue and not related to whether the request meets the criteria for granting a variance. FINDINGS: Section 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all of the following circumstances are found to exist. Staff has provided draft findings on each criterion. The Board of Adjustment and Appeals may use or modify these draft findings as it sees fit: Criterion 1 The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finding I.A. The property can be put to a reasonable use if used under conditions allowed by the official controls. The property has been put to a reasonable use for a number of years. Other alternatives exist for such office use. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.R The plight of the landowner is not due to circucumstances unique to the property. The owner expanded the facility to meet his needs in 1987 and the plight is due to the growth of the company. The need for a fax machine is not a circumstance unique to the property. 1.C. The circumstances were not created by the landowner; Finding 1.C The circumstancesare a result of landowner's choice for the location of the office.. The proposed expansion intensifies the problems associated with a lack of space for parking 1.D. The variance,if granted,will not alter the essential character of the locality; and • • Finding 1.D. The variance would alter the essential character of the neighborhood The addition proposed by the applicant would intensify the parking problem that exists on the property, and would protrude out into the 30 foot setback 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding 1.E The problems do not extend beyond economic considerations related to the configuration of the business space. Other alternatives have not been exhausted Criterion 2 It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2 The proposed variance would not be in keeping with the spirit and intent of Chapter 11 (Zoning) in that there is no hardship in the need to vary from the ordinance. In addition, a variance would only exacerbate the problems which currently exist at the site. Criterion 3 The request is not for a use variance. Finding 3 A variance to the front yard setbacks is not a use variance. • • Criterion 4 Conditions to be imposed by the Board of Adjustment and Appeals will insure compliance to protect the adjacent properties. Finding 4 (Not applicable if the application does not meet all the criteria for granting a variance) Criterion 5 Variances in the flood plain overlay zone also shall meet the following criteria: Finding 5 (Not applicable since the front of the property is not within the.flood plain overlay zone) ALTERNATIVES: 1. Direct staff to prepare a resolution denying the variance with findings as recommended by staff. 2. Direct staff to prepare a resolution, denying the variance with revised findings. 3. Direct staff to prepare a resolution, approving the variance with revised findings. 4. Continue the Public Hearing for additional information. 3. Table the decision for additional information. STAFF RECOMMENDATION Staff finds that this application does not comply with Criterion 1A, Criterion 1B, Criterion 1C, Criterion 1D, Criterion 1E, and Criterion 2. Therefore, staff is recommending Alternative #1, directing staff to prepare a resolution denying a 7.5 foot variance from the 30 foot front yard setback within the Highway Business(B-1)Zone. ACTION REQUESTED Offer a motion directing staff to draft a resolution denying the request for a 7.5 foot variance to the front yard setback with findings. _ - •.;It .'-7.---,„,.,•.;.-4.•::: • , . . . . .. . , - .. .... .....,..... _ . .. • _ . • • . a • . . • . . , pt. .1 :. , _ ..• , • . . ' • . , • ' • v 4 la_diftwo. Odle roork-Jor,...•000"1 'J tali - . \ • . • . -,. . oar--.13. :_ -- _,.-..,..-„,-,* : .•-- - ,,,, III -ai t• 10 • _. \ cill.—. • . .,,, _ „ , , . - 21 lir -; 411X•uv 4itIlla IP tik a Mai . . A alni : *-, 4. i Witt--,141:121° ilitt- 1.1,t ! . - vitittittr n. . 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';"- ' '".11`"4, 1 R4441... **1 Filing Fee: File No,: Receipt No.: -7 COMIOTIVITYDEVELOPMENT DoARTM Exhibit B Date Filed: APPLICATION FOR (please check the appropriate box and answer the corresponding questions) JV Variance - Questions 1-4, 6, 15-19 APR 1 1998 ❑ Conditional Use Permit (CUP) - Questions 1-4, 6, 14, 18, 19 ❑ Preliminary Plat - Questions 1-4, 6-8, 18, 19 ❑ Final Plat - Questions 1-4, 6-8, 18, 19 ❑ Planned Unit Development (PUD) - Questions 1-4, 6-8, 18, 19 ❑ Amendment to Planned Unit Development (PUD) - Questions 1-4, 6-8, 18, 19 ❑ Rezoning - Questions 1-6, 18, 19 ❑ Zoning Text Amendment - Questions 13, 18, 19 ❑ Vacation of Easements - Questions 1-4, 6, 9-12, 18, 19 ❑ Vacation of Right-of-Way - Questions 1-4, 6, 9-12, 18, 19 Please see the corresponding Informational Handout for the type of application you have requested for further information. PP 5c 02ou,l�t r-A Applicants Name: It c�z �/ ./-eo r`' T.0 i Address: 3, F /v u,F Phone Number: ./7(4-7-' - FAX Number: Property Owner: l, Address: c 64,e-4 C-4eci,� rC Phone Number: -57y f- FAX Number: 1. Current legal descriptions of all parcels (attach separate sheets, if necessary): 5 r 4,3 - 3 - a ( 7 "L W r70 �LT 2. PID Numbers:27- Q G 4i///0 27- 27- 27- 3. Property Acreage: e3.7 4. Present Zoning: 5. Requested Zoning: 6. Existing Use of Pro�erty: ee n A& pct Ak 7. Proposed name of development: 8. If development is to be phased, proposed number of phases: 9. Right-of-way or easement location proposed for vacation: 10. Size and dimension of proposed vacation: 11. Right-of-way names (if applicable): 12. Any existing utilities or improvements: 13. If proposing an amendment to the text of the Zoning Ordinance, which provision? 14. Type of Conditional Use Permit requested: `_ 15. Variance requested to: i ./w_I ,i' � ' _• >j 16. Variance dimension requested: 7 5- 17. Please describe the undue hardship that exists that is unique to the site which necessitates the request for a variance: 4 „Q Adj (2 04_ 1fe. , -- 2A 2 .4-04. , . e .� —tA �� A, - .iti✓fie tier,—ft-4-4— 18. Please provide any additional inform tion that would be helpful for the Board of Adjustment and Appeals or Planning Commission when reviewing this request: A FA-y o � z. .� c 7 ,6-(.4.4:K. - 19. Does the request meet the criteria necessary to grant approval (please refer to the informational handout)? '� Submitted this day of , 19 ,g.,6. - 0, Applic is Signatur ;` Property Owners ' a ,,re City staff has ten days from the date of application to determine if an application is complete. Incomplete applications will not be processed. i:\commdev\admin\other\appforrns.doc 5-t'r , .$61171°511mimi . • (Prnamtntal ()nun 4 S Exhibit C EAST BLUFF STREET i P SHAKOPEE,MINNESOTA 55379 (812)445-6202 4.S Ve 4)0TE : 5" A _A\..,C. A LIAR t A/t)C_E '' ' 5-02.5" Fog- , S u.I? • ,L).1 i c.:;L it—of:4 ii,\\i/Igli,» s APR 1 1998 iP ...s........18.40.•••••oppol w+30.,...-0.- 1 S. _I 4 ---. -S iP '4 4 1 , i . S . . , AS , A V . -a - _F Y.'-'• 7/01-j C... --- / 29 ..1,:.) c; ,•S /10' 'P i P . 0 S . --1— „71 : ! tE17---:: ! , s b • , AIS p- 4 Aiirs A „ , co . Iv A 'f- V , — _ 4/UFr , __... r 4 /, EL.r .5-CA,t-E ..::: ///,..- ..7,1, CITY OF SHAKOPEE Exhihit D ow VARIANCE RESOLUTION NO. 525 WHEREAS , Robert Schilz Jr. having first filed an application to the Board of Adjustment and Appeals dated 3/21/88 , for a variance from the strict application of the provisions of the Shakopee Zoning Ordinance, Section 11.05 & 11. 29 to-wit : 1) 16 parking spaces; 2 ) a 3 ' front yard setbE setback for parking; 3 ) 2 ' rear yard setback for parking and 4) to allow metal siding to match existing structure ; and WHEREAS , the property upon which the request is being made is described as : 931 Bluff Avenue • and WHEREAS, said proposed variance is for property presently zoned as : B-1 ; and WHEREAS, upon hearing the advice and recommendation of the City Planner and upon considering the suggestions and objections raised by the affected property owners within a radius of 350 feet thereof in a public hearing duly held thereon; NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, •MINNESOTA, that the aforementioned variance be and is hereby: Approved , as follows : 1. A variance allowing 16 parking spaces instead of the required 25. 2. A variance allowing for a 3 ' front yard setback for the parking lot. 3 . A variance allowing a 2 ' rear yard setback for the parking lot. 4. The above variances shall be limited to the present owner, occupant & use BE IT FURTHER RESOLVED, that pursuant to_ Shakopee-_City. Code 11. 04, _ Subd. 5 B-5 , if- an approved variance-is- not--utilized within one-year- from date herein approved or by April 7, 1989 it shall become null and void. Adopted in regular session of the Shakopee Board of Adjust- ment and Appeals of the City of Shakopee, Minnesota, held this 7th day of April , 19 88 4.54.., i 4te .(-6 Chrmn. - Board of Adju went & Appeals * - * * . ATTEST: 1 , -.„...- .._.__,: s...t.„.. ,.„ 6 ..,,,,.._,D, ---44 -: City Planner 7� • 1wx..Y... %A - 0 W 410______.,_:_' , . • . . . . .', ... 1 ÷ • . - . ....._. II I ._„., . ' '- '' ' ..._.. . • • -, -- . ____L_,......_...... , . . ,'..1.1....:60 . 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' 4 7 , . . . . _.. . . . • ----- ----.._ • . , ! - . . . . . . . . •V.. • . . . . - • ' ' • . . . li IL;a • 0 - . 2 .3 V/ . 17.Please describe the undue hardship that exists that is unique to the site which necessitates the Please provide any additional information that would be helpful for the Board of request for a variance: ATTACHMENT B 18. Adjustment and Appeals or Planning Commission when reviewing this request: 19. Does the request meet the criteria necessary to grant approval(please refer to the informational handout)? v v I Submitted this All day of 0,.. , 19k' a e, I i "C.,. , ( 1 Applicari Signature /°:' 4 Property Owners Signature .' i City staff has ten days from the date of application to determine ' if an application is complete. Incomplete applications will not be processed. is\commdev\admin\other\apprev.doc f i 0 118tt,ct 71/ 41.AU i 4L, ,,,A,P —iti—Q-- / ' •':04C"-t... f V. i 4 —,.6: , .."' 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J.4,/ ,,,, , ././LG�� I/.1.1.„,o. ,...#,4,-," G I /(`w ""14410-1: . , " 11411t%% /f1j7t4A -./6et' ' /1jL4t0e-o4tel r .•• 7(114.) 4 Ai, he Cs7i (2ei7f\ , /64_ , ,i-y- refre...oz_A.,fct- r/td,„ 'IAA_ 14,4".„, if / i ,,a. 444 49-6-co” 7:0-- e6<--- 74'6 ' /02 /- ,. .7(-- ,o.w:/k f....q.- - '; ege.... t.A „Krer-xft..— ed-t_ -17/ gi /.„.,41 oc,,,, , .0644, 44,,I c --A.,---(1'.. ,-6-6 ‘4 , ' ., *,,.-- -- Itt..- ( re-Y'f--64G-Lil/4 I `AP'6'6-'441 . • & eak ,i i'..• 4 .:-.0-1\—. 4VII ' 4 alml--- D'Ala 2......--,7_,...; , / „ ,/(7.41.1 _ 4 4 „::,..).., (11.41. ,L,L, rt4= , .s10 -1.„---_...t.t.t., t,,,t,-1.4 'flAk- 61 1 !I , F...e"rdaerzyutistut.A., ,,.,ire."/1/4._ /,„....,0_,/,:, i:z.,.&:,,,,:, , •-, 1, 17.,/,',„'e7,._;.;* •.,...,'(-t-ti- /CI- (' , /a , 0, c/ CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Appointment—Building Inspector MEETING DATE: May 19, 1998 INTRODUCTION: The Council is asked to appoint James B. Davis to the vacant position Building Inspector. The appointment would be contingent on successful completion of a pre-employment physical. Mr. Davis' first day of employment with the City would be June 8, 1998. BACKGROUND: Earlier this year the position of Building Inspector was vacated. The position was newly advertised, qualified candidates certified by Scott County and 4 candidates interviewed. Mr. Davis holds an A.A.S. degree in Building Inspections Technology from North Hennepin Community College and a Limited State Building Official license. Mr. Davis has over 2 years of municipal experience with the cities of Prior Lake, Shoreview, Brooklyn Center and Elk River. COMPENSATION: Mr. Davis has been offered the position, and has accepted at Step 3 of Grade J($36,438). STAFF RECOMMENDATION: I recommend the appointment of James Davis to the position of Building Inspector effective June 8th, but contingent on successful completion of a pre-employment physical. ACTION REQUESTED: The Council is asked to offer and pass a motion appointing James Davis to the position of Building Inspector at the Step 3 salary for pay grade J, effective June 8th and contingent on successful completion of a pre-employment physical. Ar<, R. Michael Leek Community Development Director is. E. 1. CONSENT MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary 3 .2 Percent Malt Liquor License - Shakopee Jaycees DATE: May 14, 1998 INTRODUCTION AND BACKGROUND: The Shakopee Jaycees have made applications for temporary on- sale 3 .2 percent malt liquor licenses for the Derby Days activities on July 30 to August 2, 1998 and for the open house for the new fire station on June 27, 1998 . The applications and insurance certificates are in order. The Jaycees have consulted with the Chief of Police regarding the events and the Chief recommends approval of the licenses, see attached memo. RECOMMENDED ACTION: If Council desires to issue the temporary licenses : 1. Move to approve the application and grant a temporary on-sale 3 .2 percent malt liquor license to the Shakopee Jaycees Inc. , Lewis Street municipal parking lot east of Bill' s Toggery, for July 30, 1998, until August 2, 1998 . 2 . Move to approve the application and grant a temporary on- sale 3 .2 percent malt liquor license to the Shakopee Jaycees Inc. , 2700 East Vierling Drive, for June 27, 1998 . // c ( 1A/? /::- Cit lerk h:judy\licenses\jaycees.tem TIA3c. SHAKOPEE POLICE DEPARTMENT Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police SUBJECT: Temporary Beer Licenses DATE: May 13, 1998 INTRODUCTION: The Police Department has been involved with Shakopee Jaycees representative and events Chairperson Jack McGovern in designing appropriate safeguards for two temporary beer licenses that are being brought to City Council for approval. Those two events are the Derby Days celebration scheduled for July 30, 31, Aug. 1, and the Shakopee Fire Department open house. BACKGROUND: The Shakopee Fire Department temporary beer license, open house and dance is planned for the evening of Saturday, June 27, 1998. Safeguards from the police department's perspective include a restricted access to the fire department building. Shakopee Jaycee members will sell tickets to adults over 21 years old who want to purchase beer and they will be issued wristbands. Consumption will be allowed within the bay and fenced in area, which will be extended south to the bypass fence. I have been assured that the bartenders will be trained and they will not distribute beer to people who are not wearing wristbands. Additionally, six monitors have been trained and will be making spot checks to ensure that only people of legal drinking age have beer. They will purposely track individuals that purchase more than one beer to prevent procuring for minors. If someone does not have a wristband they will not be allowed to consume beer. Additionally, I've had conversations with Shakopee Fire Chief Terry Link. Both he and I are well aware of the ramifications for the City of Shakopee, fire and police departments should there be any violations in regards to liquor laws. I have confidence in Fire Chief Link and his staff that appropriate safeguards will be taken. May 13, 1998 Temporary Beer Licenses Pg. -2- The Shakopee Jaycees will also be seeking a temporary beer license for Derby Days and the street dance which will be located in the municipal parking lot on the east side of Lewis St. at 2nd Avenue. Jack McGovern has advised me that this years beer garden will be similar to the ones held in years past,with the exception of a larger space. These plans include only one entrance and exit. The Jaycees have assured me that they will card people as they enter. Only individuals over 21 years old will be allowed into the beer garden. There will be a separation between the beer garden and other open spaces so that beers cannot be handed from the beer garden to an outside person. The band on Derby Days is scheduled to stop at 11:00 p.m. I've directed Jack McGovern that beer sales shall also stop at 11:00 p.m., with a one-half hour time period where people will have to leave the area. I believe it is appropriate to close the beer garden at 11:00 p.m. to reduce the risk of problems that may be encountered with a later closing time. In my experience, the later beer gardens close, the more difficult it is to disperse individuals in a orderly manner. The Police Department will have officers assigned to both events for safety and to do extra patrol of the areas. RECOMMENDATION: The police department is satisfied with the planned precautions and recommends approval of both temporary beer licenses. DH:pm [te] CITY OF SHAKOPEE /57 E• Memorandum TO: Mayor and City Council 9ONSENT FROM: Mark McNeill, City Administrator ..� SUBJECT: WMI Contract Amendment- Yard Waste Bins DATE: May 13, 1998 INTRODUCTION: The Council is asked to modify the contract with Waste Management Inc. (WMI)to allow for a yard waste bin option for Shakopee residents. BACKGROUND: Earlier this year, WMI sent mailings to its residential customers in Shakopee, advising of a •number of changes in the recently renewed contract for house waste and recycling pick up for Shakopee. Included in that was a description of a bin for the placement of yard waste. In that, a 96 gallon bin(similar in size to the garbage bins, but of a different color), would be provided to requesting parties which could be picked up once a week,the same as with garbage. However,the contract with the City did not provide for that option. WMI has contacted me, and have indicated a couple of calls indicating an interest in this. They have asked that we authorize this. BUDGET IMPACT: The bins would be provided for$4.00 per month. For those who regularly bag yard waste, it would be to their advantage if they otherwise use more than 5.33 yard waste stickers per month (currently sold at$.75 each). The City receives$.05 per each sticker sold,to somewhat offset the cost of selling the stickers. It would be otherwise a revenue neutral item, and should be seen more as a service to the customer. Note that WMI will charge $4.00/month year round; it is not an option that customers can opt in and out of only during the yard waste season. RECOMMENDATION: We recommend that the City Council amend the contract to allow for the yard waste bins to be an option. The amendment to the contract would read as follows: "An option shall also be provided to Shakopee residents for a"yard waste container". Said container shall be 96 gallons in size, and shall be picked up weekly by the Hauler. The contract rate for the yard waste container shall be $4.00 per month, and shall be billed monthly all year, and not solely during the yard waste season." ACTION REQUIRED: If the Council concurs, it should, by motion, direct that a modification to Section 4 of Amendment#4, of the Refuse Collection Contract, by and between the City of Shakopee and Waste Management Inc., to provide for yard waste receptacles, be made. Mark McNeill City Administrator MM:tw • REFUSE COLLECTION CONTRACT AMENDMENT B TO ADDENDUM NO. 4 THIS AGREEMENT, made and entered into this 19th day of May, 1998,by and between the City of Shakopee, a municipal corporation of the State of Minnesota,hereinafter referred to as the"City"with offices at 129 S. Holmes Street, Shakopee,MN 55379, and Waste Management- Savage,with offices at 12448 Pennsylvania Avenue South, Savage,MN 55378, hereinafter referred to as the"Hauler". WHEREAS, on November 18, 1997,the City and the Hauler entered into Addendum No. 4 to this Contract,extending the contract an additional three year period; and WHEREAS, on January 6, 1998,the City and the Hauler entered into Amendment A to Addendum No. 4 to this contract providing for new charges and billing cycle by the Hauler to the residents the City; and WHEREAS,paragraph 6 of the addendum provides for packing of refuse and recyclable materials; vouchers; and WHEREAS,the City and the Hauler desire to have the Hauler provide an option to provide yard waste containers, for which the charge for said container shall be $4.00 pr month, which shall be billed monthly all year; and WHEREAS,the City and the Hauler desire to have the yard waste bin option be available to begin May 20, 1998; and NOW,THEREFORE, for the considerations herein expressed,it is agreed by and between the City and the Hauler that paragraph 7 of the Addendum No. 4 shall be added to read as follows: 6. That Exhibit A to the Refuse Collection Contract between the City and the Hauler is hereby amended by adding the following language under PACKAGING OF REFUSE AND RECYCLABLE MATERIALS : VOUCHERS: An option shall also be provided to Shakopee residents for a"yard waste container". Said container shall be 96 gallons in size. and shall be picked up weekly by the Hauler. The contract rate for the yard waste container shall be$4.00 per month.and shall be billed monthly all year. and not solely during the yard waste season. Executed the day and year first above written. WASTE MANAGEMENT CITY OF SHAKOPEE, MINNESOTA By By Region President Mayor By City Administrator By City Clerk 15 ,E . 3: CITY OF SHAKOPEE • Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 1998 Derby Days DATE: May 14, 1998 INTRODUCTION: The Council is asked to take action related to Derby Days activities. BACKGROUND: The 1998 Derby Days Committee is finalizing plans for this year's celebration. In the past, Shakopee City Council has supported Derby Days activities through a variety of means including providing Public Works Maintenance Crew assistance for preparation and clean up. The 1998 Derby Days will be held July 30 through August 2. Events scheduled starting Thursday, July 30 include; Sidewalk Sales and the Taste of Shakopee. Due to the growing popularity of Derby Days,the Derby Days Committee requests permission to host this event in the Municipal Parking Lot at 2nd and Lewis Street. No parking will be allowed in the parking lot beginning at 9:00 a.m. on Thursday morning for event set up. The parking lot will be reopened immediately following the event. For events scheduled on Friday and Saturday it will also need the following streets and areas closed: Lewis Street between 1st& 3rd, Municipal lot, 3rd Ave. between Sommerville& Lewis, 2nd Ave. between Sommerville& Holmes(one side only), and areas behind the Library, and also request to use City Hall for Bingo on Saturday. See attached maps for details. The Derby Days Committee requests City Council to approve the sale of goods on City property . for the Derby Days, Food and Refreshment Vendors, Craft Vendors, and Business Merchants during the celebration. Section 7.08 of the Shakopee City Code allows for the sale of goods upon public property with City Council approval. The Derby Days Committee again requests that the City Council authorize the Public Works Department to assist in preparing for the Festival with tasks that include delivery and pick up of the picnic tables, benches, refuse removal, and barricades. The tasks requested are similar as in past years. DERBY.DOC - . -;., 3 * 4 1 • Other Derby Days events, including the Street Dance,the 5K Run, and the Parade as well as other smaller events, are permitted through the Shakopee Police Department. All street access and closing requests for Derby Days will be reviewed and approved by the Shakopee Police Chief. In summary,the Derby Days Committee requests approval from City Council for the following: 1. Permission for the sale of goods on public property. 2. Permission to utilize Public Works Maintenance Crews to assist with Festival preparation and clean-up. 3. Permission to close certain streets during a variety of times for various events associated with the Derby Days Celebration. 4. Permission to use the Municipal Parking Lot at 2nd and Lewis Street. STAFF RECOMMENDATION: Staff recommends approval of the assistance request submitted by the Shakopee Derby Days Committee for the 1998 Derby Days Celebration. •ACTION REQUESTED: If the Council concurs, it should,by motion, approve the following items as submitted by the Shakopee Derby Days Committee for the 1998 Derby Days Celebration: 1. Permission for the sale of goods on public property. 2. Permission to utilize Public Works Maintenance crews to assist with Festival preparation and clean-up. 3. Permission to close certain streets during specified of times for various events associated with the Derby Days Celebration. 4. Permission to use the Municipal Parking Lot at 2nd and Lewis Street. Mark McNeill City Administrator MM:tw DERBY.DOC \ • • illi li-l- ri ---.-3 \ c . , 7 \ rl _ . t / ''. ..-_-":•- \WW > I - • -±0 0 V) 1---*• -11----j DCI c R r-i-- , • go 0- 0 'N CCZ ...1 ' - ---------' ' 3> V) 70 - 1\ \ -- . 1 \ \----- r?) .1-n ..1. .7 cri ,, N . 1 - tillli i , ... \ \ , ! 3> . , , k i 7, ,.\\ slat ' ' 1r . , • . . u, ...,„ _,,:, , n --i ----- - \ ,‘ ,,......, . , '-u : ,,r.. ---A.t. ..,,. •• L.--',2__ 11' '-'T' a ` \L...j-----1 \ . . . . ' \ v-i\jiLi Itiii‘ill \ / \ 1 cll ' ..-- - , _. i . . '' \-171 Doc R cm . . .., -- )1- c-)„...4 \c.........,......,.___... .--D ' ''' . 13 . • 5 , cl . - ', cll ' “ , 1 2 ci'l .. , ..-4 .. , m , a> ,:-----------------14 . 1 ‘ ., , ' \ S -' . y 1 i r 14 . . , •ii -_-T, ,, E-?, . ' ,4 c-) --i , - . (5\ 'As\0 ‹ki. :17- 1 \...n... in,.. ..._. ,..\ . 4 _.....:) _____ a•\----------------,,._. \ ,\AoR ywIy y_ , . .,,,,.. .. . m.... .„--- -S1. . % ls s •\\ . • . . t , ts‘,... 0, 15-, E. y• CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Newsletter DATE: May 14, 1998 INTRODUCTION: The Council is asked to discuss the desirability of resurrecting the City newsletter. BACKGROUND: Some Councilmembers have contacted me requesting discussion by the Council for renewing the City newsletter. Beginning in 1994, and until the end of 1995,the City provided for a newsletter which was published quarterly, and mailed to all residences in Shakopee. The staff member for the newsletter was former Assistant City Administrator Barry Stock,who was responsible for all news writing and editing. Each issue was typically four to six pages in length. However, after Mr. Stock left the City,the newsletter ceased publication;last year's Council did not see the newsletter as a high priority. In 1997, $13,700 was allocated for publishing,including$1,000 for mailing. That money was not provided in the 1998 Operating Budget. DISCUSSION: The quarterly newsletter provided an opportunity to inform Shakopee residents on stories which might not be covered in depth by typical news sources-the Shakopee Valley News, or cable television. A possible initial issue subject could center around the activities and projects in the downtown area- Blocks 3 &4,the Ad Hoc Downtown Study Committee, etc. ALTERNATIVES: Combined Community Education Catalog: One alternative that has been researched is the possibility of combining a quarterly newsletter with the Park and Recreation program bulletin,which currently goes out three times per year. That is currently published in conjunction with Community Education's program. A concern has been expressed that the bulletin as published is marginally too large for people to follow easily. Of the 72 pages in the most recent bulletin between 50 and 55 of those pages were Community Education. It is difficult now to distinguish between Community Education and Recreation programs; adding additional information would compound that problem. The City contributes about$3,600 per year for publication and postage costs of the joint recreation bulletin. It is mailed to everyone in the School District. Savage Issue: Last year,the City of Savage started a quarterly newsletter publication. A photocopy of one of their issues is attached. As shown,it goes into significant depth on certain subjects. That work is done in-house on desktop publishing. It is fairly labor intensive, and involves quite a bit of the Assistant to the Administrator's time in the weeks prior to publication. The cost of their newsletters,not including staff time,is projected to be approximately $8,400 per year for printing and mailing. Chaska Issue: Councilor Amundson contacted Southwest Suburban Publishing, and was provided copies of the "Chaska Today"insert. Until last year, Chaska used a professionally produced quarterly newsletter, which was costing them$6,000 to $7,000 per issue. They subsequently did a survey, and found that it was ineffective as a source of local news according to Southwest Suburban Publishing. Because it was quarterly,people did not know when to expect it, or what to expect from it. Instead, Chaska has gone to a monthly insert which goes with the Chaska Herald, and the Mint advertiser. The cost of distributing both adds about $500, but reaches all possible readers-the hardcore"news people who normally subscribe to a newspaper, as well as others who would look only for the advertising in the free publication. In Chaska,the arrangement with Southwest Suburban Publishing(SSP)is that the City writes the articles, and SSP edits the stories, lays out the articles,provides one large theme photo, and one chart for the front page. The front page typically covers three stories. The flip side is typically park and recreation news, or items of seasonal interest. An observation by the City of Chaska was that by going to a monthly format,registrations for parks and recreation have increased-people don't need to anticipate or plan as far in advance to register for activities. Chaska has been very pleased with the response. People know to look for it at the beginning of each month, and the articles are brief enough to hold people attention, yet the stories do get the word out. Total cost per issue,including delivery in both the Shakopee Valley News and Mint (12,000 copies)would be approximately$2,500-3,000, depending upon the amount of editing and writing that they would have to do. This is an annual cost in the$30,000 to $36,000 range. BUDGET: From the research that I have done,the Chaska concept would be the most effective way of reaching people, even though the cost is significantly higher. If the Council would like to try this,we would try to do this with existing staff. The City could try this on a `pilot"project basis at least for the remainder of 1998,with a quarterly publication using the Chaska format,perhaps in July and October. Otherwise, if directed by Council, it could be done monthly. Regarding funding, there is an intern position budgeted in the Administrator's office for 1998,which has not yet been filled. Assuming that we can utilize existing staff; I would not anticipate filling that intern position, at least this year. Any 1998 funding for the newsletter(either quarterly or monthly)could come from a budget amendment,utilizing that position's allocation as a source of funding. RECOMMENDATION: If Council wishes to do a newsletter, a recommendation would be to pursue the monthly insert option, with funding to come from the budgeted intern's position for the remainder of 1998. We would have to gauge staff time on this project;this may be the thing that creates the need for the added staff position in 1999 depending on how much time is needed. We see the smaller, monthly issue as perhaps easier to handle then a more comprehensive quarterly publication. ACTION REQUIRED: Council should discuss and give direction regarding its preferences on City newsletter. /A0L,AL 1A4duiv Mark McNeill, City Administrator MM/tly- is\tami\newsltr A5L7. 5s CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Setting Bond Sale for 1998B G.O. Improvement Bonds - Resolution No. 4910 DATE: May 15, 1998 Introduction Council is requested to set the sale date for bonds to finance the Southbridge collector street project. Backctround Southbridge is a large project . It is recommended to have a separate bond issue for this project due to the size, the assessments issues involved and the timing of the construction. There is an unusual structure proposed for the bond issue due to the estimates timing of collections for the assessments . This would be a normal 10 year bond payoff but due to the anticipated rate of prepaid assessments, there is a large amount of bonds maturing in the first three years and there is a call feature at the three year point (and later) with no extra premium. The current estimate is that the assessments will be levied in November 1998 . One property owner is expected to pay off the assessments at that time. Two more owners are expected to pay off the assessments within three to four years. If the assessments were levied in February or March instead of November or December, extra capitalized interest would need to be built into the bond issue in the amount of $336, 000 . This would be an increase in the project cost and assessments . There is an interest payment due 2/1/99 and the cash on hand is needed to make that payment, thus the capitalized interest. Alternatives 1 . Delay bond issuance. 2 . Change structure of bond issue. 3 . Proceed as per above. Recommendation Proceed. Action Move to offer Resolution No. 4910 A Resolution Providing For the Issuance and Sale Of $4,495, 000 General Obligation Improvement Bonds, Series 1998B. j V Greg Voxland Fin ce Director N:\cash\bonds\sale98B.doc Extract of Minutes of Meeting of the City Council of the City of Shakopee, Scott County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Shakopee, Scott County, Minnesota, was held at the City Hall in the City on Tuesday, May 19, 1998, commencing at o'clock _.M. The following members of the Council were present: and the following were absent: * * * * * * * * * The following resolution was presented by Councilmember who moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,495,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998 B BE IT RESOLVED By the City Council of the City of Shakopee, Scott County, Minnesota (City) as follows: 1. It is hereby determined that: SJB143368 SH155-64 • (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act); Project Designation & Description: Total Project Cost Street, Sewer & Water Improvements: Southbridge #97-4 Construction $3,630,000 Contingency 363,000 Engineering and Administrative 907,000 $4,900,000 City Contribution 405,000 Total Bond Issue: $4,495,000 (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $4,495,000 General Obligation Improvement Bonds, Series 1998& (Bonds) pursuant to the Act to provide financing for the Improvements. 2. To provide financing for the Improvements, the City will issue and sell Bonds in • the amount of $4,450,050. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of$44,950. The excess of the purchase price of the Bonds over the sum of$4,450,050 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: SJB143368 SH155-64 ---- --- ---- - Ili THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $4,495,000 CITY OF SHAKOPEE, MINNESOTA GENERAL.OBLIGATION IMPROVEMENT BONDS,SERIES 1998 ;B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, June 16, 1998, until 1:00 P.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale_ The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated July 1, 1998, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1999. Interest will be computed on the basis of a.360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2000 $1,825,000 2003 $235,000 2006 5225,000 2008 $215,000 2001 $ 605,000 2004 $230,000 2007 $220,000 2009 $210,000 2002 $ 500,000 2005 $230,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Obligation, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of$5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC_ -i- REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2002, and on any day thereafter, to prepay Bonds due on or after February 1, 2003. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participants interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $4,450,050 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $44,950, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (T1C) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i)waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. -ii - BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Obligation nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time_ Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone(612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12_ By awarding the Bonds to any -iii- underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 180 copies of the Official Statement and the addendum or addenda described above. The City designates _ the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 19, 1998 BY ORDER OF THE CITY COUNCIL /s/Judith Cox City Clerk -iv- • 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:00 o'clock P.M. on Tuesday, June 16, 1998, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember ,and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. SJB143368 SH155-64 STATE OF MINNESOTA ) ) COUNTY OF SCOTT ) ) CITY OF SHAKOPEE ) I,the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Tuesday, May 19, 1998, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $4,495,000 General Obligation Improvement Bonds, Series 1998A of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of May, 1998. City Clerk City of Shakopee, Minnesota (SEAL) SJB143368 SH155-64 Recommendations For City of Shakopee, MN $4,495,000 General Obligation Improvement Bonds, Series 1998A Presented to: Mayor Jon Brekke Members, City Council Mr. Mark McNeill, City Administrator Mr. Gregg Voxland, Finance Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 SPRINGSTED Public Financt Advisors Study No.: S0750D4 SPRINGSTED Incorporated May 14, 1998 RECOMMENDATIONS Re: Recommendations for the Issuance of $4,495,000 General Obligation Improvement Bonds, Series 1998A The proceeds of the bonds will be used to finance the Southbridge public improvement project. We recommend the following for the bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Tuesday, June 16, 1998 at 1:00 P.M. with award by the City Council at 7:00 P.M. that same evening. 3. Authority The bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. 4. Principal Amount of Offering $4,495,000 5. Repayment Term The first interest payment on the bonds is due February 1, 1999. Principal will be due February 1, 2000 through 2009. 6. Source of Revenues Debt service on the bonds is expected to be repaid from special assessments against benefited property. The first interest payment due February 1, 1999 is expected to be repaid from prepayments of assessments received in 1998. 7. Prepayment Provisions The City may elect on February 1, 2002, and on any day thereafter, to prepay bonds due on or after February 1, 2003 at a price of par plus accrued interest. 8. Credit Rating Comments The City is currently rated "A2" by Moody's Investors Service. This issue will require a rating application to assure continuation of the rating. City of Shakopee, Minnesota May 14, 1998 9. Federal Treasury Regulations Concerning Tax-Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, income expense that is allocable to carrying and acquiring tax- exempt bonds. There is an exemption to this for"bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified receive slightly lower interest rates than issues that are not bank qualified. We understand the City does not expect to issue more than $10 million in 1998, therefore the bonds are designated as bank qualified. (b) Rebate Requirements All tax-exempt issues are subject to the federal rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate in both of these categories. Gross proceeds, defined generally as both the original principal of the issue and the investment earnings on the principal, have 6, 18 and 24 month spend down exemption periods. If all of the proceeds are expended during one of those exemption periods, the issuer can retain the excess earnings. We understand the City expects to spend all proceeds of the bonds within the next 18 months. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the bonds or be subject to yield restriction. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with a carry-over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. Page 2 CITY OF SHAKOPEE Memorandum on Table TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Replacement of Existing Sanitary Sewer Pipe Along the Minnesota River DATE: May 19, 1998 INTRODUCTION: During recent inspections of the City's sanitary sewer system, staff has identified a potential problem with a segment of sanitary sewer pipe along the river, located just west of the old Highway 101 bridge (see attached). During the spring, the river bank along this segment of pipe had eroded away enough to expose some of the existing sanitary sewer pipe. Based on the current location of the river, staff believes it is not economically feasible to stabilize the river bank adjacent to the sanitary sewer pipe, enough to provide the protection needed. As part of the Capital Improvement Program, a much longer segment of pipe along the river was planned to be replaced in 1999 (both upstream and downstream of the segment shown on the attached drawing). Because of the risk of losing some of the pipe in the area west of the old bridge, staff feels a portion of this pipe should be replaced this year, before another"spring flood"arrives next year. Staff is asking the City Council to authorize staff to proceed with the design for replacing some of this sanitary sewer pipe. It is expected that three or more permits will be required, including those from the MPCA, DNR, and the Army Corps of Engineers. Because the review time for some of these permits can take several months, staff is asking for authorization at this time, to help insure the project can be started before winter. This project will be funded through the Sanitary Sewer Enterprise Fund. f RECOMMENDATION: Staff recommends that the City Council move to authorize the appropriate City officials to begin designing an improvement project to replace the existing sanitary sewer pipe. ACTION REQUESTED: Move to authorize the appropriate City officials to begin designing an improvement project to replace the existing sanitary sewer pipe. 42a62 uce Loney Public Works irector BL/pmp MEM4843 ‘11 O � Z Q W Z U Q Q W Ldc El cy 1111.0 11 141111404 r gala 11 a" (4 Lej 111 711111111 03 3 w w � � � U Z J H Z � A � I O � OZ 2111111 IJ 7 J City of Shakopee, Minnesota May 14, 1998 9. Federal Treasury Regulations Concerning Tax-Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, income expense that is allocable to carrying and acquiring tax- exempt bonds. There is an exemption to this for"bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified receive slightly lower interest rates than issues that are not bank qualified. We understand the City does not expect to issue more than $10 million in 1998, therefore the bonds are designated as bank qualified. (b) Rebate Requirements All tax-exempt issues are subject to the federal rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate in both of these categories. Gross proceeds, defined generally as both the original principal of the issue and the investment earnings on the principal, have 6, 18 and 24 month spend down exemption periods. If all of the proceeds are expended during one of those exemption periods, the issuer can retain the excess earnings. We understand the City expects to spend all proceeds of the bonds within the next 18 months. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the bonds or be subject to yield restriction. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with a carry-over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. Page 2 City of Shakopee, Minnesota May 14, 1998 (d) Federal Reimbursement Federal reimbursement regulations require Regulations the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations. (e) Economic Life The average life of the bonds cannot exceed 120% of the economic life of the project to be financed. The economic life of street and utility improvements under the federal arbitrage regulations is 20 and 50 years, respectively. The bonds are therefore within the economic life requirements. 10. Continuing Disclosure This issue is subject to the continuing disclosure requirements. These SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. Springsted currently provides continuing disclosure services for the City under separate contract. An amendment to that contract adding this issue has been provided to City staff. 11. Attachments • Assessment Income Schedule • Debt Service Schedule • Terms of Proposal DISCUSSION The proceeds of the bonds will be used to finance the Southbridge improvement project. 100% of the project costs are being assessed to benefited property. The composition of the bonds is shown below: Project Construction $3,630,000 Contingency 363,000 Engineering and Administration* 907,000 Subtotal $4,900,000 Less: Sewer Fund Moneys (130,000) Storm Fund Moneys (200,000) CIF Fund Moneys (75,000) Total Bond Issue $4,495,000 Includes costs of issuance and allowance for discount bidding. Page 3 City of Shakopee, Minnesota May 14, 1998 Page 5 shows the projection of special assessment income. The issue has been structured assuming an estimate of prepaid assessments expected to be received in the given collection years. Those prepayment estimates were provided by City staff based on past collection experience and staff conversations with major property owners. The prepayment estimates are substantial and the result is an accelerated principal repayment structure for the bonds as shown in column 3 on page 6. We have included in the attached Terms of Proposal a provision which permits the City to call the bonds for early redemption as early as February 1, 2002. This early call feature gives the City greater flexibility in its repayment of the bonds as actual prepaid assessments are received. Assessments are expected to be filed on or before December 1, 1998 for first collection in 1999. Assessments will be spread over a term of ten years with interest charged on the unpaid balance at a rate of 1.5% above the net effective rate for the bond issue. For estimation purposes, 6.25% has been used. First-half special assessment collections will be used to make each August 1 interest payment due in the year of collection. Second half collections of special assessments, plus surplus first half collections, will be used to make the subsequent February 1 principal and interest payment. The amortization schedule for the bonds is shown on page 6. Columns 1 through 7 show years and amounts of principal and estimated interest due on the bonds, including the 5% overlevy required by State statute. The projected assessment income developed on page 5 is shown in column 8 and column 9 is the estimated amount of prepayments of assessments which will be used to make the February 1, 1999 interest payment. Column 10 is the total assessment income from columns 8 and 9. The estimated annual surplus of assessment income over the debt service requirement at 105% is shown in column 11. Respectfully submitted, 272.0y: epi?Ott&' SPRINGSTED Incorporated lms Provided to Staff: a) Amendment to Contract for Continuing Disclosure Page 4 CITY OF SHAKOPEE, MINNESOTA G.O. Improvement Bonds, Series 1998A Assessment Income Projection Name of Project: Southbridge Filing Date: 12/1/98 #of Collect Years 10 Prin. Amt. to Collect 4,495,000 Estimated Filing Collect Prepaid Interest @ Year Year Assess Principal 6.250°/n Total 1998 1999 25% 1,573,250 585,735 a 2,158,985 1999 2000 10% 616,814 182,609 799,423 2000 2001 10% 518,611 144,059 662,670 2001 2002 0% 255,189 111,645 366,834 2002 2003 0% 255,189 95,696 350,885 2003 2004 0% 255,189 79,747 334,936 2004 2005 0% 255,189 63,797 318,986 2005 2006 0% 255,189 47,848 303,037 2006 2007 0% 255,189 31,899 287,088 2007 2008 0% 255,189 15,949 271,138 2008 2009 0% 0 0 0 2009 2010 0% 0 0 0 2010 2011 0% 0 0 0 2011 2012 0% 0 0 0 2012 2013 0% 0 0 0 2013 2014 0% 0 0 0 2014 2015 0% 0 0 0 2015 2016 0% 0 0 0 2016 2017 0% 0 0 0 2017 2018 0% 0 0 0 Totals 4,495,000 1,358,984 5,853,984 a ) Includes interest from filing date to 12/31/2000 Prepared by: Springsted Incorporated 5/13/98 Page 5 .i N •-• Of� N00000kr) COretC t) CU 7 r 0 r co N. 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L 4-1 2T v a) 4-1 CO CU NNN N. .. a) L T•• a) cO L • 0 T 0NCr) d• COCOI- 0O0 4-1 a) LU • tD L 4-1 0� •++ N 0) 0000000000 •• co 0/) a O E0_ N 03 0) 0000000000 >I CC O C Q CD L � 2 TNNNNNNNNNN •• -I .-I 0) 4•4 7 CO L N ++ L 7 7 CO L CO CL C CLI .1-, CCC ++ 7 LL. E C) •• H 9- >4^ 1. CO 00 TNCO Tr CON- •• 0 03 C 04-1 0H a) •• 0) 0 > T 00000000000 Cl) >- 2 < • L C.) E a L + 0 • + -' 00000000000 J 0 } . 7 CU 7 /n LJ rTTNNNNNNNN < 0 0) 0) . +O+ a) Page6 i~i C - V) COSCOS •-I 0) 0 0 > > • 1-4 .0 00 < 02LL- >- I- COQQH O THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $4,495,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, June 16, 1998, until 1:00 P.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated July 1, 1998, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1999. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2000 $1,825,000 2003 $235,000 2006 $225,000 2008 $215,000 2001 $ 605,000 2004 $230,000 2007 $220,000 2009 $210,000 2002 $ 500,000 2005 $230,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Obligation, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of$5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. Page 7 REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2002, and on any day thereafter, to prepay Bonds due on or after February 1, 2003. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $4,450,050 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $44,950, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. Page 8 BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Obligation nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any Page 9 underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 180 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated May 19, 1998 BY ORDER OF THE CITY COUNCIL /s/Judith Cox City Clerk Page 10 15:E .6 CITY OF SHAKOPEE Memorandum on Table TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Replacement of Existing Sanitary Sewer Pipe Along the Minnesota River DATE: May 19, 1998 INTRODUCTION: During recent inspections of the City's sanitary sewer system, staff has identified a potential problem with a segment of sanitary sewer pipe along the river, located just west of the old Highway 101 bridge(see attached). During the spring, the river bank along this segment of pipe had eroded away enough to expose some of the existing sanitary sewer pipe. Based on the current location of the river, staff believes it is not economically feasible to stabilize the river bank adjacent to the sanitary sewer pipe, enough to provide the protection needed. As part of the Capital Improvement Program, a much longer segment of pipe along the river was planned to be replaced in 1999 (both upstream and downstream of the segment shown on the attached drawing). Because of the risk of losing some of the pipe in the area west of the old bridge, staff feels a portion of this pipe should be replaced this year, before another"spring flood" arrives next year. Staff is asking the City Council to authorize staff to proceed with the design for replacing some of this sanitary sewer pipe. It is expected that three or more permits will be required, including those from the MPCA, DNR, and the Army Corps of Engineers. Because the review time for some of these permits can take several months, staff is asking for authorization at this time, to help insure the project can be started before winter. This project will be funded through the Sanitary Sewer Enterprise Fund. RECOMMENDATION: Staff recommends that the City Council move to authorize the appropriate City officials to begin designing an improvement project to replace the existing sanitary sewer pipe. ACTION REQUESTED: Move to authorize the appropriate City officials to begin designing an improvement project to replace the existing sanitary sewer pipe. 4I162 race Loney Public Works girector BL/pmp MEM4843