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Home My WebLink About08/18/1998 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 18, 1998 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Approval of Consent Business-(All items noted by an * are anticipated to be routine. After a discussion by the Mayor,there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 5] Liaison Reports from Councilmembers 6] Mayor's Report A] Resolution of Appreciation to Beverly Mitchell-Res.No. 4961 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene *10] Approval of Minutes of June 16, 1998 *11] Approve Bills in the Amount of$1,191,457.05 12] Communications: A] Auditor's Report- Shakopee Community Access Corporation 13] 7:00 P.M. Public Hearing on the partial vacation of an easement within Outlot F, Southbridge 1st Addition Res.No. 4962 TENTATIVE AGENDA August 18, 1998 Page -2- 14] Recommendations from Boards and Commissions: *A] Rezoning of property located north of Highway 169 and south of Crossroads Center from Agricultural(AG)to Highway Business(B-1)-Ord.No. 524 *B] Registered Land Survey(RLS), located west of CR 83 and south of Highway 169 - Res. 4964 C] Crossroads Center Preliminary Plat Amendment and Final Plat of Crossroads Center 3rd Addition,located north of Highway 169 and south of Crossroads Center-Res.No. 4963 D] Text Amendment to the City Code Regarding Residential Uses in the B-1 (Highway Business)District-Ord. 525 15] General Business A] Parks and Recreation B] Community Development 1. Appeal of Board of Adjustment and Appeals Determination to Grant a Conditional Use Permit to Shakopee Public Utilities for an Electric Substation, tabled 8/4 *2. Summary of Planned Unit Development(PUD)Ordinance-Ord.No. 523 3. Appeal of Board of Adjustment and Appeals Determination to Deny a Variance for Kieffer and Co. Inc. fora Cub Foods Wall Sign C] Public Works and Engineering *1. Parking Control Requests from School District#720 by Central Elementary *2. Suspension of Hourly Restrictions on Construction Activities for Canterbury Park 5 *3. Parking Restrictions: along 17th Avenue West-Res.4966,along 17th Avenue East -Res.4970,and along Vierling Dr.within the plat of Orchard Park West-Res. 4971 4. Award Contract on Southbridge Parkway Landscaping,Project 1197-4A-Res.4967 - memo on table *5. Accepting Work on 1997 Pavement Preservation,Project 1997-2-Res. 4968 6. Purchase of Single Axle Dump Trucks 7. 1998 Sidewalk Replacement Program D] police and Fire *1. Authorizing Participation in the Southwest Metro Drug Task Force-Res.No. 4958 2. Authorization to Fill Vacant Sergeant Positions *3. Fire Station 1 Furnace and Air Conditioning Replacement TENTATIVE AGENDA August 18, 1998 Page -3- E] General Administration *1. Application for Off Sale Liquor License- Crossroads Liquor of Shakopee,L.L.C. 2. Modifying the Tax Increment Financing Plan for TIF District#10-Res.No. 4959 *3. 1999 Assessing Contract *4. Tax Forfeit Property-Res.No. 4960 *5. Changing the September 15, 1998, Meeting Date *6. Transfer of Assessments to New Parcels-Res.No. 4969 *7. Appointment of Election Judges-Res.No. 4972 *8. Cellular Phone Service *9. Contract Awards-Tree Trimming, Stump Grinding *10. Two Hour Parking Request-NAPA Auto Parts *11. Valley Green Sidewalk Escrow Interest 16] Other Business 17] Adjourn to Thursday,August 20, 1998, at 4:00 p.m. REMINDER: August 20, 1998,budget worksession at 4:00 p.m. August 27, 1998,budget worksession at 4:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Adjourned Regular Meeting August 18, 1998 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Minutes: 44-k� 7 , 1998 4. Financial A.)Approval of Bills 5. Resolution No. °18- 5 ,Modifying Tax Increment Financing Plan for Tax Increment Financing District No. 10(River City Centre) 6. Update:River City Centre clocktower fundraising effort 7. Recommendations from Downtown-First Avenue Revitalization Committee: A.)Agreement with Bert Stitt&Associates for Interactive Strategic Planning services,and endorsement of Committee's efforts to establish an independent nonprofit corporation 8. Other Business: 9. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN REGULAR SESSION JULY 7, 1998 Members Present: Amundson, Brekke, DuBois, Sweeney, and President Link Members Absent: None Staff Present: Mark McNeil, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney; and Mark McQuillan, Parks and Recreation Director 1. Roll Call President Link called the meeting to order at 7:19 p.m. Roll was taken as noted above. 2. Approval of Agenda The following item was added to the agenda: Other Business: Lease Update for River City Centre. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. 3. Approval of Minutes Amundson/DuBois moved to approve the May 19, 1998, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills Sweeney/DuBois moved to approve bills in the amount of $369.63 for the E.D.A. General Fund; $1,630.15 for the Blocks 3 & 4 Fund; and $179,420.53 for Seagate. Motion carried unanimously. 5. Downtown Parking Study Paul Snook reported that the E.D.A. was asked to enter into an agreement with WSB & Associates for the preparation of the Downtown Parking Study at a cost not to exceed $2,200. He said that $2,200 would come from the EDA budget, and that the Scott County HRA will reimburse the E.D.A. for 25 percent, for a total cost to the E.D.A. of $1,650. Official Proceedings of the July 7, 1998 Shakopee Economic Development Authority Page -2- Sweeney/DuBois moved to authorize the E.D.A. to enter a professional services agreement with WSB & Associates, Inc. for the preparation of a Downtown Parking Study at a cost not to exceed $2,220. Motion carried unanimously. 6. Other Business Lease Update for the River City Centre Paul Snook reported that Valley Nail Salon and River City Coffee and Tobacco, which occupy approximately 3,200 square feet, have now signed leases. Other interests include chiropractic, dental, etc. and 60 percent commercial occupancy is anticipated for fall. He also reported that the apartment manager has received approximately 20 reservations to date. Mark McNeill said that the City needs to play up successes more as it helps to create more excitement. He said the initial copy of Shakopee's Hometown News will be out by the middle of July and will include articles about the opening of River City Centre and other activities. A grand opening is planned for August 27. 7. Adjournment Sweeney/Amundson moved to adjourn to July 21, 1998, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 7:29 p.m. 7 uw5Citk )• e* dith S. Cox D.A. Secretary Esther Ten Eyck Recording Secretary 1171 CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: August 13, 1998 Introduction Attached is a listing of bills for the EDA, the Blocks 3&4 projects and Seagate for the period 07/31/98 to 08/13/98 . Action Requested Move to approve bills in the amount of $713 .44 for the EDA General Fund, $1, 255 . 51 for the Blocks 3&4 Funds and $282 . 10 for Seagate. 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It updates the budget for TIF District #10 - River City Centre. Currently, the budget is simply a total expenditure amount and the modification breaks the amount down to finer detail with updates for how the project has progressed. Action Council Offer Resolution No. 4959 A Resolution Modifying Tax Increment District Financing Plan for Tax Increment District No. 10, and move its adoption. EDA Offer Resolution No. 98-5 A Resolution Modifying Tax Increment District Financing Plan for Tax Increment District No. 10, and move its adoption. gg oad Finance Director I:\finance\docs\taxinc\#10bud1 A ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE RESOLUTION NO.98- 5 RESOLUTION MODIFYING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 BE IT RESOLVED by the Board of Commissioners ("Board") of the Economic Development Authority for the City of Shakopee, Minnesota("Authority") as follows: Section 1. Recitals. 1.01. The City of Shakopee ("City") approved the creation of Tax Increment Financing District No. 10 ("'11P District") and a Tax Increment Financing Plan ("Ill- Plan")for that district, by resolution No. 4326 approved November 8, 1995, all in accordance with Minnesota Statutes, Sections 469.174 to 469.176 (the "TIF Act"). 1.02. Under Section 469.175, subd. 4 of the '1'11- Act, the Authority is authorized to modify the 111- Plan without the notice and approval procedures required for approval of the initial plan if the modification does not involve: reduction or enlargement of the geographic area of the district, increase in the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the Authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the Authority. 1.03. The Authority has determined a need to modify the description of tax increment expenditures without increasing the total estimated budget or total bonded indebtedness in the HP Plan, and a need to clarify and modify the plan objectives and specific development activities. 1.04. The Authority has reviewed a document titled "Modification No. 2 to Tax Increment Financing Plan for Tax Increment Financing District No. 10," dated August 18, 1998. Section 2. '1111 Plan Modified. 2.01. The TIF Plan modification as presented to the Board is approved. 2.02. Authority staff are authorized and directed to maintain a copy of the TIF Plan modification with Authority's files for the TIF District, and to transmit a copy of the modification to the Scott County Auditor and to the Department of Revenue,for information purposes. 2.03. The Board ratifies all actions of its Authority and City staff and consultants in prepraring a modification of the TIF Plan and bringing it before the Board for consideration. SJB-147534 SH235-2 Approved by the Board of Commissioners of the Economic Development Authority for the City of Shakopee this 18th day of August, 1998. President ATTEST: Secretary SJB129870 SH23 5-2 2 MODIFICATION NO. 2 TO TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 August 18, 1998 I. Background The City of Shakopee ("City") and its Economic Development Authority ("Authority") established Tax Increment Financing District No. 10 (the "TIF District") on November 8, 1995 and modified the Tax Increment Financing Plan ("1'11Plan") on October 7, 1997 in order to clarify and update the development plans and proposed expenditures. The City and Authority have determined to modify the '171 Plan again in order to specify expenditure categories that were not available at the time of the October 7, 1997 modification. The modification does not increase the total expenditures or bonded indebtedness authorized in the original TIF Plan. The TIF Plan remains in full force and effect and is not modified except as described in this modification document. II. TIF Plan Modifications The following section of the I'll- Plan is modified as shown: 7. Project Cost. Modified to read as follows: • The Authority intends to finance various costs in connection with development of the housing and commercial facility in the TIF District owned by the County HRA, which constitutes both a "housing development project" under Section 469.002, Subd. 15 of the HRA Act and a publicly-owned "redevelopment project" under Section 469.002, Subd. 14. Such costs include: Building acquisition/construction (County HRA-owned housing and commercial facility) $1,373,373 Streets/Sidewalks 22,814 Parking facilities 269,400 Administration (including costs of issuance) 106,595 Capitalized interest 156,740 Debt Service Reserve 240.150 TOTAL $2,169,072 Bonded indebtedness secured by tax increments may be incurred to finance such costs in an amount not to exceed $2,750,000 (as specified in the original TIF Plan). The Authority and City currently expect to pledge tax increments and the City's general obligation to pay bonds issued by the County HRA, provided that the principal amount of bonds secured by such pledge will not exceed the amount specified above. Amounts shown by category are estimates which may vary without further modification of this Plan so long as the total expenditures do not exceed the total listed above. SJB-147531 SH235-2 The City and Authority specifically find that all identified costs constitute costs of correcting the conditions that allow designation of redevelopment districts, within the meaning of Minnesota Statutes, Section 469.176, subd. 4j. All buildings in Blocks 3 and 4 met the requirements for inclusion in a redevelopment district at the time the TIF Plan was approved in 1995. The entire joint-powers effort between the City, Authority and County HRA constitutes correction of the blighted conditions, including acquisition, demolition, clearance, and development of the public housing and commercial facility needed to revitalize this critical site in downtown Shakopee. Tax increments available from other tax increment financing districts in the Redevelopment Project or other available moneys may be used to finance costs identified above, either on a temporary basis to be repaid with tax increments from the 1'111 District, or permanently; provided that any repayments from the TIF District will be made within the total bonded indebtedness budget described above. Besides tax increment expenditures as described in this plan budget, the project will be financed with proceeds of bonds secured by other sources, including project revenues, the County HRA tax levy, and the City's general obligation pledge toward the housing portion of the facility under Section 469.034 of the HRA Act. 2 :lock ower Fundraising Committee - Shakopee River City Center — [02 First Ave Shakopee,Minnesota (612)44',)-220/ A,.mint * .t ;{}00 The Ciockiower committee has met over the last S months in the effort to raise the money ne' c▪ to reimburse the City for their pledge to fiend this project. The 40,000.00 J goal has been substantially met. As of today, we have raised in excess of$38,000.00 . We e pect that ,i will grow after our last solicitation is complete. i vv'c alt, ,,knv asking the contractors and sub-contractors for their participation ill this historic. pati,'▪t_ With over 50 contractors on the nroiect, we anticipate that their cont ibuticiia ...ill substantially off-set the expected cost involved. We will have to pay for the pavers. i h bronze plaques and their installation. A cost estimate for these items is fie) (111 11t, WI,VVV.,JV . 1 he pavers should be in place for the August 27 grand opening. I'he plaques will not. A mid Septeml er date for their installation is anticipated. The Committee expects to have a successful end to our efforts in this community nrniect_ Sincerely, r). t, n S'eltro i utriCI\ a i. Al VILL JC S City of Shakopee Clock Tower Committee 115-2207 Clock Tower Fundraising Committee l'ritc .aci Beard Laurie Glenn Greg I I7el'1 Maggie Klein Mark K.Gc4i ictliiicinicr Don Mertz Kimberly Niosi Patrick Schroers Paul Snook Duane Wermerskirchen Clockf\S.14 (c) TowerFundraising � i=iii ii tee - Shakopee River City Center - [02 First Ave Shakopee,Minnesota (612)44 -210 1 ,. 1 00Q The Ciocktower committee has met over the last 8 months in the effort to raise the money net dcd to reimburse the City for their pledge to fund this project. The $ 40,000.00 goal has been substantially met. As of today, we have raised in excess of$38,000.00 . We expect that this will grow after our last solicitation is complete. We al c IRAN- asking the contractors and sub-contractors for their participation in this historic nroiect. With over 50 contractors on the project, we anticipate that their contributions will substantially off-set the expected cost involved. We will have to pay for the pavers. the bronze plaques and their installation. A cost estimate for these items is $9,000.00 The pavers should be in place for the August 27 grand opening. The plaques will not. A :rid September date for their installation is anticipated. The Committee expects to have a successful end to our efforts in this community project. Sincerely, Patrick A. Scliroers City of Shakopee Clock Tower Committee '145-2207 Clock Tower Fundraising Committee Michael Beard Laurie Glenn Greg IIoehn Pviaggie Klein Mark K.uechemiieister Don Mertz Kimberly Niosi Patrick Schroers Paul Snook Duane Wermerskirchen Clock Tower Goals& Projections GOAL PROJECTED TO DATE TOTALS GOAL Pavers $40.00 300 $12,000.00 341 $13,640.00 Copper Donation $250.00 20 $5,000.00 25 $6,250.00 Bronze Donation $500.00 12 $6,000.00 6 $3,000.00 Silver Donation $1,000.00 8 $8,000.00 5 $5,000.00 Gold Donation $2,500.00 2 $5,000.00 1 $2,500.00 Platinum $5,000.00 1 $5,000.00 2 $10,000.00 Donation total $41,000.00 $40,390.00 611 (Iii cf)-161 0.1-!!6. o '-- '3' F- -I I I I I t I m CI I c4 w I° .- cv I a) AHI I a) Iit + o n:n n n , il 0 00000 c w1 '0 ci 0 0i 0 0:o 0 I-I ,jo 010:0;0;0 0 U a csi i ID (O;OD.I) 10 0 : a %-1 n.I to! !to!V*i v* w► to titI � Q G C.N w ,.� � I V 3 N., , _ 1 v,! C7 c 1 r, r, I til a oc 000 I o ocovcicsL) I CV 10 0til U m--•Nt0 6i i i 49 69 6e: 41. yr ' oI9I OUcI =I I I :to-I il.1y1 : I I ti : eI i nI .1 'EI ;21 o I �1 4i O1 �I61 ( :cl '- L7,,_,1 .I CI •�I='1 c I I 2O C 1 e 6 . A , (1 # A CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Downtown-First Avenue Revitalization Committee Paul Snook,Economic Development Coordinator SUBJECT: Agreement with Bert Stitt&Associates for Interactive Strategic Planning services; and endorsement of Committee's efforts to establish an independent nonprofit corporation MTG DATE: August 18, 1998 Introduction: The Downtown-First Avenue Revitalization Committee is requesting that the EDA: • Enter into an agreement with Bert Stitt & Associates for Interactive Strategic Planning services, and • Endorse the efforts by the Committee to establish a independent nonprofit corporation(501[c]3,etc.) dedicated to downtown revitalization. Background: At its August 4, 1998 meeting, the EDA received a report from staff regarding the Downtown-First Avenue Revitalization Committee's progress in moving toward a visioning /strategic planning project. Staff reported that the committee selected Bert Stitt&Associates (BSA)to facilitate the project, and that a professional services agreement with the consultant is under draft,with the understanding that the EDA will fund a portion of the consultant's fee in order to get the project started,with the remainder to come from fundraising efforts. After in-depth discussion, the EDA moved to direct staff to develop a consultant agreement that reflects the following: • The EDA's financial commitment to the project is limited to project start-up funding of 12,000, and • The EDA is not responsible for any portion of the consultant's fee that is proposed to be raised through the committee's fundraising efforts, $28,000. Staff, city attorney, and the consultant have drafted an agreement, attached as Exhibit A, that reflects the EDA's direction as outlined above. bsagremo.doc Related to the consultant agreement, the Downtown - First Avenue Revitalization Committee, at their August 13th meeting, unanimously moved to seek the EDA's endorsement of efforts by the Committee to establish an independent nonprofit corporation dedicated to downtown revitalization, with representation from both the private and public sectors (composed of members of the Committee, Downtown Business Association, City Council/EDA&staff, and other key representatives from throughout the community). In researching options for the optimal form of organization to implement downtown revitalization, the Committee found that an independent nonprofit corporation is the most successful type of organization (vs. a public body, a private organization, or one that is housed within an existing organization such as a chamber of commerce). This is exhibited by the many successful "Main Street" nonprofit organizations in communities across the country. The Committee concludes that a new, independent nonprofit organization can: • Provide the stability necessary to build and maintain a long-term, continuous downtown revitalization effort • Establish a clear focus,unhindered by past history • Develop a consistent program, unhampered by the constraints of local politics, and • Serve as a visible symbol of renewal, new activity, and a new future for the downtown. In addition, a new organization is able to accomplish many things that an existing organization cannot, such as set up a broad-based board of directors, clearly define an independent mission, create new goals, and infuse a fresh spirit of change into the community. And, a new group can forge all of the principles of a successful downtown organization into an active,working unit. The proposed nonprofit corporation would replace the current EDA-appointed Downtown - First Avenue Revitalization Committee as the lead organization for the ongoing revitalization of Downtown Shakopee, and become sponsor of the downtown strategic planning project (which Bert Stitt & Associates will facilitate). The nonprofit corporation would not be created or controlled by the EDA. However, EDA members and/or city staff would participate in the organization. The Downtown - First Avenue Revitalization Committee proposes that the EDA enter the proposed agreement with BSA with the understanding that the Committee will start the process of establishing a separate nonprofit corporation, and upon formation, the new organization would enter an agreement with BSA that would supersede the agreement between the EDA and BSA. When that occurs, the EDA would contribute any remaining portion of its $12,000 commitment to the new corporation. bsagremo.doc Budget Impact: For the Interactive Strategic Planning project start-up funding, $12,000 from the EDA budget,#4310, Designated Miscellaneous ($45,000 is currently available). Options: 1. Endorse the committee's effort to establish an independent nonprofit corporation for downtown revitalization, and enter into the proposed Interactive Strategic Planning services agreement with Bert Stitt & Associates with the understanding that the agreement will be superseded by an agreement between the new nonprofit corporation and BSA once the corporation is established. 2. Do not endorse the committee's effort to establish an independent nonprofit corporation for downtown revitalization, and enter into the proposed agreement with Bert Stitt & Associates. 3. Do not endorse the committee's effort to establish an independent nonprofit corporation for downtown revitalization, and do not enter into the proposed agreement with Bert Stitt &Associates, and provide the reasons. 4. Table the matter and request additional information from staff. Committee and Staff Recommendation: 1. Option 1, endorse the committee's effort to establish an independent nonprofit corporation for downtown revitalization, and enter into the proposed Interactive Strategic Planning services agreement with Bert Stitt&Associates with the understanding that the agreement will be superseded by an agreement between the new nonprofit corporation and BSA once the corporation is established. Action Required: 1. Offer and pass a motion to endorse the committee's effort to establish an independent nonprofit corporation for downtown revitalization, with representation from the private and public sectors, as the lead organization for the ongoing revitalization of Downtown Shakopee. 2. Offer and pass a motion to enter into the proposed Interactive Strategic Planning services agreement with Bert Stitt & Associates, to be superseded by an agreement between the new nonprofit corporation and BSA, once the corporation is established. bsagremo.doc 08/10/98 MON 15:58 FAX 6082550701 Bert Stitt a 0O2 Interactive Strategic Planning Services Agreement DRAFT 51 Submitted To: Economic Development Authority for the City of Shakopee Submitted By: Bert Stitt&Associates,Inc. 120 S. Franklin Street/Madison,WI 53703 Telephone: 608/255-2363 FAX: 608/255-0701 E-Mail: berjosti@msn.corn 08/10/98 MON 15:58 FAX 6082550701 Bert Stitt a003 Scope of Work Preliminary Arrangements Create Working Agreement, Secure Start Up Funding, Identify where Moneys are Re- ceived [City, 501-(C)-3 or other],Establish Identity for the Project, Identify Members of the Planning Group, Conduct Fund Raising Workshop and Initiate Full Fund Raising Program. Preliminary arrangements may take as much a three months to complete not including the actual set-up work necessary prior to signing the Agreement. In addition to start-up funding for the fund raising initiative a certain mutually agreed upon portion of the total funding for the remainder of the project should be secured before actual planning for the conference begins. DR AFT Set-Up:August/July 98 Conduct two four-hour work sessions for setting up the project: July 27th and August 20`h. Months 1 -3 Fundraising: Design and conduct one-day fundraising.workshop; Work with team to establish fundraising goals, methodologies, assignments,:.deadlines, and all other ele- ments necessary to the fundraising effort; Make regular visits to meet with fundraising team, make presentations to local groups explaining the ISP process, and meet with indi- viduals who wish private appointments. Month 4 Four-hour workshop as start up for Conference Planning: Organize teams for Conference Design, Promotion, and logistics. Identify and designate Tasks and Responsibilities. Meet regularly with the Conference Planning Oversight team and the Design,Promotion, and logistics teams. Continue advising fund raising team as required; Month 5 Meet regularly with the Conference Planning Oversight team and the various sub-groups. Continue advising fund raising team as required. Make presentations to local group ex- plaining the ISP rocess, and meet with individuals who wish private appointments. Ad- vise regardin design, production and mailing of brochures. Advise regarding the locat- ing of a facility. Meet with local high school staff regarding possible student availability of students as scribes. 08/10/98 MON 15:58 FAX 6082550701 Bert Stitt Z004 Agreement for Shakopee,Minnesota Page 2 Bert Stitt&Associates, Inc. August, 1998 Month 6 Meet regularly with the Conference Planning Oversight team and the various sub-groups. Continue advising fund raising team as required. Make presentations to local groups ex- plaining the ISP process, and meet with individuals who wish private appointments. Conduct training workshop for conference scribes. Work with the conference facility for room set up and logistics. Conduct the Retreat/Conference. Conduct second-day follow- up sessions with each of the work groups which evolve from the Conference/Retreat. Month 7 Work Team Follow-up: Schedule and conduct Team meetings where each of the work groups meet individually to develop and implement a work plan. Conduct `Tent' Meet- ing where the individual work groups meet for one-hour separately and then convene in plenary session. Conduct Town Meeting where the entire community is invited to attend and hear reports on the status of the work of each of the work groups. Month 8 Same as above. ICDRAF1 Month 9 Same as above,and Conduct BSA exit interview. In Addition From time to time issues of conflict or other related strategic matters not necessarily pertaining to this Agreement will arise. BSA will facilitate the required additional ses- sions at no extra cost. 08/10/98 MON 15:59 FAX 6082550701 Bert Stitt 2005 Agreement for Shakopee,Minnesota Page 3 Bert Stitt&Associates,Inc. August, 1998 Project Fees/Payment Outline DRAFT IC Interactive Strategic Planning $35,000 Fund Raising Training and Assistance $5,000 Total $40,000 Fees are payable to BSA according to the following terms and conditions: a. $8,000 is payable on , 1998 (the"Start Date") b. $32,000 is payable in eight monthly installments of $4,000 each, commencing , 1998 [insert the one month anniversary of the Start Date] and con- tinuing through , 1998. BSA will provide monthly invoices. c. Notwithstanding anything to the contrary in this Agreement the parties agree and un- derstand that a portion of the funds necessary to pay fees to BSA will be raised on behalf of the EDA by the Downtown/First Avenue Revitalization Committee (the "Committee"). Funds raised by the Committee will be deposited in a separate Downtown Revitalization Account maintained by the EDA. The EDA is obligated to pay the first$12,000 of fees according to the aforemen- tioned schedule from any funds available to the EDA. The balance of fees is payable solely from and to the extent of funds raised by the Committee and on hand in the Downtown Revitalization Account as of the scheduled payment date. Until the fees under this agreement are paid in full or this Agreement is terminated. The EDA will not spend,pledge or otherwise encumber funds in the Downtown Revitalization Ac count for any purpose other than payment of fees under this Agreement or payment of costs for the conference/retreat unless the pledge or encumbrance is subordinate to the EDA's obligations under this Agreement Failure to pay any fees in excess of$12,000 is not an event of default by the EDA under this Agreement and BSA releases and holds harmless the EDA,the Committee, and the members thereof from any claim related to non-payment of any amount in excess of$12,000; provided that in the event of nonpayment of any fees in excess of $12,000 BSA may terminate this Agreement by giving the EDA 10 days written no- tice. After such termination, neither party shall have any claims against or obliga tions to the other under this Agreement. 08/10/98 MON 15:59 FAX 6082550701 Bert Stitt IJ006 Agreement for Shakopee,Minnesota Page 4 Bert Stitt&Associates,Inc. August, 1998 d. The EDA may terminate this Agreement at any time by giving BSA 10 days written notice. If BSA has not failed to perform any of its obligations under this Agreement, the EDA shall pay BSA actual costs incurred as of the date of termination under this clause. If BSA has failed to perform any of its obligations under this Agreement the EDA shall have no obligations to BSA after termination under this clause. a. The Fees payable to BSA under the Agreement do not include the following costs of the retreat/conference that are not billed to BSA: retreat/conference facility room rental, meals, equipment rental, printing, and postage. The amount of such costs and terms of payment shall be mutually agreed upon by the EDA and the Committee with consultation by BSA before any obligations regarding such costs are incurred or en- tered into. It is understood that BSA plays no fiduciary role in nor assumes any other responsibility for these costs. Project Time Frame DRAFT Starting Date: Ending Date: This agreement correctly sets forth the mutual understanding of the City of Shakopee EDA Downtown/1 st Avenue Revitalization Committee and Bert Stitt&Associates,Inc. Signatories: BERT STITT&ASSOCIATES,INC. By Bert Stitt,President Date By Nancy Rhodes, Sr. Associate Date THE ECONOMIC DEVELOMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA By ,I-116 President Date By 3.ke Executive Director Date 6. f}. RESOLUTION NO. 4961 A RESOLUTION OF APPRECIATION TO BEVERLY MITCHELL WHEREAS,Beverly Mitchell served the City of Shakopee as Secretary to its first full time in-house City Attorney from December, 1990 until July, 1996; and WHEREAS, Ms. Mitchell served as Secretary to the City Clerk from July, 1996 until her retirement on September 1, 1998;and WHEREAS, Ms. Mitchell represented well the City of Shakopee in her many dealings with the general public during her tenure and at all times performed her duties in a superior and conscientious manner; and WHEREAS, Ms. Mitchell will be sorely missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that it hereby expresses its deep appreciation and gratitude, and hereby commends Beverly Mitchell for her devotion to duty,her loyalty and her friendship. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 18th day of August, 1998. Mayor of the City of Shakopee ATTEST: City Clerk i:\clerk\judy\res-4961 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JUNE 16, 1998 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present Also present: Mark McNeil, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. Also present: Scott County Commissioner,Art Bannerman. The Pledge of Allegiance was recited. The following items were added to the agenda: 16.A. Scott County request for 15 minute designated parking along the west side of Holmes Street during construction. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. The following items were added to the Consent Agenda: 15.E.12. Tax Exempt Bonds - St. Francis Regional Medical Center. DuBois/Amundson moved to approve the Consent Agenda as modified. Motion carried unanimously. DuBois/Amundson moved to accept the resignation of Richard Kaley, as Sergeant for the Shakopee Police Department of the City of Shakopee, effective June 7, 1998, and offered Resolution No. 4916, A Resolution of Special Commendation to Richard Kaley, and moved its adoption. Motion carried unanimously. Mayor Brekke read the Resolution of Appreciation and presented Sgt. Richard Kaley with a framed copy. The regular order of the agenda was resumed with liaison reports. Cncl. Sweeney reported that the water rates will be increased by a total of$5.00 per quarter on the average residential water bills for the remainder of 1998. A second increase of$1.99 will occur in 1999. He said that this is an attempt to make up for not increasing the rates on a regular basis. Without this increase the operational funds would have gone further into deficit. He said the long range plan is to bring SPUC into a position where they have a surplus of nearly half of their operational costs over the ten years. He said that a sprinkling ban was also authorized to begin anytime after the following week. He said that the utilities metro-wide are under pressure to implement an ascending rate structure. Mayor Brekke gave the Mayor's report. He offered condolences to the family and friends of Lee Stoltzman, who recently passed away. Mayor Brekke also thanked all the residents and City staff for their part in helping to return a sense of normalcy after the recent storm. Official Proceedings of the June 16, 1998 Shakopee City Council Page -2- Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. A recess was taken at 7:27 p.m. for the purpose of conducting the Economic Developmental Authority meeting. The meeting re-convened at 7:37 p.m. DuBois/Amundson moved to approve the minutes of May 7, 1998. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to approve bills in the amount of $1,030,635.81. (Motion carried under the Consent Agenda.) Mayor Brekke opened the public hearing on the proposed vacation of a blanket easement in the. Terrance Addition, Resolution No. 4925. Michael Leek explained that this easement was intended for electrical transmission facilities. He said that the Planning Commission determined that SPUC's electric facilities are totally located within the adjacent 16 foot alley, and therefore recommended approval of the vacation. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on this issue. There was no response. Having no further comments Mayor Brekke closed the public hearing. DuBois/Sweeney offered Resolution No. 4925, A Resolution of the City of Shakopee Vacating a Portion of a Blanket Easement Located in Terrence Addition, City of Shakopee, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Mayor Brekke opened the public hearing on the proposed vacation of right-of-way easement adjacent to 1005 Miller Street. Michael Leek explained that the right-of-way that is requested to be vacated appears to have come from an adjacent subdivision. He said if this is vacated, it would generally transfer to the property owner across the street. For this reason, he requested that this public hearing be continued to allow discussion with the property owner across the street to determine if he would transfer title. Sweeney/DuBois moved to continue the public hearing on the proposed vacation of right-of-way easement adjacent to 1005 Miller Street to July 7, 1998. Motion carried unanimously. Official Proceedings of the June 16, 1998 Shakopee City Council Page -3- Mark McNeill explained that staff was previously directed to obtain further information regarding changes to the City ordinance regarding closure of manufactured home parks, and that the owners, buyers and residents be notified that this would be discussed. He reminded those present that this is not a formal public hearing. According to the owner, he said the only thing to be contemplated at this time is a non-binding purchase agreement. Mark McNeill said it was his understanding that the prospective buyer has no intent to do anything but to operate this as a manufactured home park in the foreseeable future. In response to a question regarding zoning, he said that it is staff's interpretation that this is a permitted use in this zone. In response to the request by representatives of APAC,that the City enact an ordinance similar to that of Elk River, which protects the residents during a park sale whose manufactured homes cannot be easily relocated, Mark McNeill and Jim Thomson, City Attorney, have contacted the City of Bloomington. Mr. Thomson said the property owner/buyer is responsible to pay relocation costs, capped at 20 percent of the land value that is sold. There is also a requirement that they pay based on the market value, rather than on the taxed value. He said that the Bloomington ordinance has been tested in court, while Elk River's has not. Mayor Brekke asked if there was anyone present in the audience who wished to address the City Council on this issue. Judy Bentz, APAC, approached the podium to share her feelings regarding the ordinance. She discussed the importance of having an ordinance as assurance to the residents who live at Valley Haven Mobile Park. She asked that the City Council give the residents an ordinance that would provide for market value or tax value, whichever is greater, or the relocation costs in the event the park would ever close. Mark Lambert, representing the residents of Valley Haven Mobile Home Park, approached the podium and stated that the owners of this park are equally concerned about the residents and want to see that whatever happens to the park is fair to all those involved. He said that nobody wants to take the position that at no point should relocation costs be paid. He said they are here to say that the proposed ordinance may not be necessary. He noted that as Mr. McNeill previously stated, there is a State law and distributed copies. He explained that the State law was passed ten years ago which established a procedure that the City Council must follow when a park owner or a buyer decides to close a mobile home park. He said that they are not closing the mobile home park. He said that there is a non-binding purchase agreement. However, he said that the buyer does not intend to convert the use. If he intends to convert the use, he must do so at this time and give these people the opportunity to buy the park. Mr. Lambert explained that there are two ways park closings can occur. The owners can take the position that no relocation or compensation should be paid and basically put the Council on Official Proceedings of the June 16, 1998 Shakopee City Council Page -4- the spot. On the other hand, there is a pro-active stance to be taken where the park owner surveys a 25 mile radius to see if there are places for the residents to go, communicate with them and give recommendations and assist them. He said this is what the owners of Valley Haven Park are about. He said that the Elk River ordinance is punitive and was done in retaliation to a park owner. He suggested that the time be taken to develop an ordinance that is fair to both the residents and the owners. He said that an opportunity exists to custom fit the ordinance to the Valley Haven Mobile Home Park through the public hearing process. He recommended that representatives of the park owners,the residents, and APAC meet with City staff to formulate a draft ordinance that both parties can agree to. Sara Isaacson,APAC, approached the podium and stated that in the past the groups have met and do have some ideas as to how an ordinance could be custom fit for Shakopee. She said it would be reasonable to meet with staff. In reference to the Elk River ordinance, she said that this was a very strong ordinance and that the City did take issue with the park owner. She said that the ordinance offers choices as to whether the home can be moved or bought out. She said that the concern is in having some say as to where and why people can or will relocate. Earl Leman, Valley Haven, approached the podium and explained that the residents depend on Sara Isaacson for information. He said the input is up to the residents but that Ms. Isaacson helps them out. He said he was comfortable with two to three residents and Ms. Isaacson meeting with staff and the owners to represent the residents to reach a compromise and to return with a draft ordinance to be followed by a public hearing. Glenna Crowley, Valley Haven, approached the podium and said that the best way to approach this is for representatives of all parties to be involved to meet and reach a compromise. Althea Rank, Valley Haven, approached the podium and asked for cooperation. She said that this is an issue of protection for those residents who own homes. She said they need something legal and binding, but you must keep in mind that the purpose of the ordinance is to have assurance they will not be hurt. Mark McNeill will be the staff contact to organize a dialogue session. Sweeney/DuBois moved to direct staff to meet with representatives of the Manufactured Home Association and the owners and residents of the Valley Haven to develop an ordinance. Motion carried unanimously. A recess was taken at 8:22 p.m. The meeting re-convened at 8:32 p.m. Tobacco Regulations-Ordinance 519 was taken out of the regular order on the agenda. Official Proceedings of the June 16, 1998 Shakopee City Council Page -5- Jim Thomson, City Attorney, reported that there are three issues that need further discussion relative to the new tobacco ordinance. The first relates to self service sales. He said that the ordinance has been drafted to prohibit all self service sales, including cartons. He said the question is what does self service sales mean. The County ordinance requires all tobacco products to be stored behind a counter. State law states that they cannot be accessible to the public in open displays without the intervention of a store employee. The draft ordinance states that they may either be stored behind a counter or in an area not accessible to the public. After discussing this with Judy Woodruff,he said that the County language is preferred. Another question was whether there is a minimum time period that a revocation must be in effect before the license can be reinstated. The proposed time period is 12 months, but Jim Thomson said that he believed that the County's intent was to say two years across the board. In addition, with regards to the administrative penalties that the Council directed staff to prepare, he said there was no discretion by the Council as to how much to impose on violations. As far as whether or not a license should be suspended, he said this was drafted to say"up to 10 days,"and questioned as to whether this was a change from the existing ordinance which states "shall be up to 10 days." Sweeney/Link offered Ordinance No. 519, Fourth Series, An Ordinance of the City of Shakopee, Relating to the Sale, Possession and Use of Tobacco, Tobacco Products and Tobacco Related Devices, by Repealing Section 6.23 of the City Code and Replacing it with a New Section, and moved its adoption. A discussion ensued regarding the deletion of language relating to other areas not accessible to the public and administrative penalties, Subdivision 12,and changing"may also"to "shall." DuBois/Link moved to amend the motion by deleting the words "or other area not freely accessible to customers."in Subd. 7. Motion failed with Cncls. Link and DuBois in favor. Sweeney/Amundson moved to add the language in Subd. 7 "without the interference of a store employee." Motion carried unanimously. Sweeney/DuBois moved to amend the motion to state "not less than one day but no more than ten days" for the first, second and third violations, in Subd. 12. Motion carried unanimously. Sweeney/DuBois moved to change the word "may" to "shall." for license suspensions, in Subd. 12. Motion carried unanimously. A discussion ensued regarding the difference in standards for adults as opposed to 16 and 17 year olds selling tobacco. Official Proceedings of the June 16, 1998 Shakopee City Council Page -6- Sweeney/Amundson moved to amend the proof of age to state that any sale of tobacco products by a minor shall not take place without proof of identification. Tom Harbinson stated that it would be problematic to have different standards for minors and adults. Motion failed with Link and Brekke in favor. The main motion, as amended, carried unanimously. DuBois/Amundson offered Resolution No. 4929, A Resolution Amending Resolution No. 4801, A Resolution Setting Fees for City Licensees, Permits, Services and Documents, and moved its adoption. Motion carried unanimously. Tom Harbinson approached the podium and stated that the number of minors cited for tobacco use in Scott County has increased the last few years. He said there is a cost in prosecuting these cases, and strengthening the ordinance will help the situation. Sweeney/DuBois moved to adopt the Ordinance Summary of the Tobacco Ordinance No. 519 and publication as set forth by the City Attorney. Motion carried unanimously. Mr. Dave MacGillivary, Springsted Financial Advisors, approached the podium and asked for consideration of a resolution awarding the sale of$4,495,000 General Obligation Improvement Bonds, Series 1998A, with the proceeds to be used to finance the Southbridge Improvement Project. The bonds will be repaid 100 percent by special assessments against benefiting properties. He said that four bids were received and the lowest bid was from Norwest Investment Services at a rate of 4.3596 percent. He said that the insurer has a triple A rating, and Moody's report reaffirmed an A-2 rating for Shakopee. He recommended awarding the bid to Norwest Investment Services. Sweeney/Amundson offered Resolution No. 4931, A Resolution Awarding the Sale of $4,495,000 General Obligation Improvement Bonds, Series 1998A; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment, and moved its adoption. Motion carried unanimously. Regarding the 1997 Auditor's Report, Cliff Hoffman, Partner, approached the podium and explained that reserves and property are backed out of the funds. On the first chart, he said this shows a liquid fund balance decrease from last year which is a reflection of a six million dollar increase in investments of property and equipment. He said the important questions to answer are whether the appropriate rates are being set and charging enough so that the City is not wearing out its infrastructure without some provision for replacement. Official Proceedings of the June 16, 1998 Shakopee City Council Page -7- Regarding the overview of the fund results, Mr. Hoffman said that the operating results were very good in that the expenditures were conservative and helped to beat the budget. He said that the intergovernmental revenues were a relatively low portion of the budget but warned about the economy. He said if the intergovernmental revenue dropped from 15 percent to 7 percent, you would want sources such as charges for services, licenses and permits, and property taxes to make up the difference. In looking at productivity and how much is spent per household, he said that this number is less today than it was in 1995. He said the average tax payer pays less than $20 per month, or $240 per year. He also said that government is not growing faster than inflation. This is backed up by the population per employee and the number of households per employee, which has continued to improve since 1995. Mr. Hoffman praised the City of Shakopee for its consistency in enterprise performance. Most importantly, he said to continue to watch the capital expenditure line and the operating budget over the next five years in relation to the market value and population. Mike Warmka approached the podium to discuss highlights of the Comprehensive Annual Financial Report(CAFR). He reported that the City of Shakopee did receive a prestigious award for CAFR in 1996. He explained that this award is only awarded to two percent of the Cities, and that Gregg Voxland and his staff should be commended for their efforts. Cncl. Sweeney also pointed out that this is the 13th year in receiving this award. Mr. Warmka stated that no instances were found in the accountant's report that would cause any problems in financial statements. He explained that there were some changes made in State law which affects the way the Internal Revenue code deferred compensation plans are to be reported and classified. He said the City is no longer listed on the investments for individual plans and no longer reports them in financial statements. This was adopted retroactively to 1996. Governmental Accounting Standard's Board(GASB) Statement No. 31 was also issued, which is the fair value reporting of financial investments. This will not be required to be adopted by Cities until 1998. The impact would be approximately $170,000 less in interest income if adopted in 1997. Also included in this report is a list of investments by credit risk category. Virtually all of the securities are in the No. 1 credit risk category, which means that they are essentially fully collatoralized and insured by an agent in the City's name. Expenditures in all areas were lower than budget, which means that the City did an excellent job in controlling costs and generating revenue. Mr. Warmka commented on the management letter, recommending that a formal Policies and Procedures Manual be completed. He also recommended that an Internal Service Fund for buildings be created. General Government assets not being depreciated could be moved to Official Proceedings of the June 16, 1998 Shakopee City Council Page -8- enterprise funds, funded by other departments. This allows funding for replacement and expansion. In discussing the year 2000 issues,he said that most applications are out-sourced. He recommended that the City look both at their internal systems as well as their vendors to see that they are compliant and are achieving the same goals, as all services provided and received will be impacted. Sweeney/DuBois moved to accept the audit report for the fiscal year, ending December 31, 1997. Motion carried unanimously. Sweeney/DuBois moved to commend Gregg Voxland and his staff for receiving the prestigious financial reporting award once again. Motion carried unanimously. Paul Snook reported that the Downtown Parking Task Force has completed a parking inventory, conducted a parking occupancy survey, and created a list of recommended changes, based on the inventory and occupancy survey. The Task Force is requesting an extension agreement with WSB & Associates for the preparation of the downtown parking study at a cost not to exceed $7,800. This study will include a review of existing signage, parking identification and regulatory signs, and recommendations for improvements to be implemented by September 1, 1998. An analysis of parking issues and existing parking supply and demand will also be included. The Scott County HRA, Owners of the River City Centre, are recommending that WSB focus on the River City Centre lot to determine its best use. They have also agreed to reimburse the City for 25 percent of the estimated cost of the analysis. The City's cost will be $5,850. Duane Wermerskirchen, 108 1st Ave. E, Task Force Chairman, approached the podium to discuss changes. He reported that a signage inventory revealed irregular signage and missing signs. He said the Task Force is recommending trail blazer signs, possibly with a City logo and show the downtown location, as well as user-friendly parking lots. Public and private parking would also be designated, as well as signs denoting parking hours. He also addressed parking issues associated with the Post Office. He said that parking enforcement has also been discussed with the Police Department. A discussion ensued regarding alternatives one and two, and use of the Contingency Fund. Sweeney/Amundson moved to approve Alternative 1 in the proposal from WSB & Associates, Inc. for reviewing the existing downtown parking signing and to make recommendations on improvements for signing of the downtown parking facilities at a cost not to exceed $2,200, and request that the EDA provide funding. Motion carried unanimously. Official Proceedings of the June 16, 1998 Shakopee City Council Page -9- Amundson/Sweeney moved to seek Scott County HRA participation in the cost of Alternative 1. Motion carried unanimously. A discussion regarding parking enforcement ensued. Michael Leek reported that draft text amendments regarding deck setbacks have been made. He said the language changes allow decks to be located ten feet closer to the rear property line. One exclusion is for double frontage lots. The Planning Commission recommended not adopting the proposed change. Sweeney/DuBois offered Ordinance No. 518, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Section 11.81 (General Provisions), Subd. 3.B. by Revising the Setback for Decks, and moved its adoption. Motion carried unanimously. Cncl. Sweeney stated that he offered this ordinance to avoid a parade of variances and to address concerns as to whether or not decks will be allowed on smaller lots. DuBois/Amundson moved to authorize the appropriate City officials to execute the Metropolitan Council Financial Assistance Agreement (Contract No. SG-98-13) and Private Vehicle Capital Funding Agreement(Contract No. SG-98-04). (Motion carried under the Consent Agenda.) DuBois/Amundson offered Resolution No. 4928, A Resolution of the City of Shakopee, Opting to Levy the Transit Tax for Payable 1999, and moved its adoption; and moved to direct the appropriate persons to communicate the Council's decision to the Minnesota Department of Revenue by June 30, 1998. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to accept the resignation, with regrets, of Richard Cheever as Maintenance Worker for the Public Works Department of the City of Shakopee effective, July 3, 1998. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to authorize the appropriate City staff to utilize Scott County personnel in the advertising and hire of a Maintenance Worker for the Public Works Department. (Motion carried under the Consent Agenda.) DuBois/Amundson offered Resolution No. 4828, A Resolution Authorizing the Execution of an Agreement with Scott County for Participation in the Operation of Traffic Control Signals and Integral Street Lights at Seven Intersections Located on CSAH 69 and CSAH 101 and moved its adoption. (Motion carried under the Consent Agenda.) Bruce Loney explained that in response to the County's desire to turnback CR 72 between CR 79 and CSAH 17 to the City, the City requested that it be paved prior to being turned back. In order Official Proceedings of the June 16, 1998 Shakopee City Council Page -10- to proceed with the County highway turnbacks and provide a document outlining the turnback conditions, a Memorandum of Understanding has been prepared by Scott County. Scott County responded to the proposed turnback of County highways to the City of Shakopee, by stating that the improvements/compensation offers are not required for the County to turnback a highway to the City. They have been offered as an incentive to minimize the impact to the cities/townships of the jurisdictional changes, and that it was clearly the County's intent not to reconstruct and pave existing gravel roads. The Council had reviewed the turnbacks and had directed staff to inform the County that CR 72 must be paved before turning the roadway back. The Council is being asked to review the proposal again based on the County's position of not paving CR 72. Discussion followed. Sweeney/Amundson moved to authorize the appropriated City officials to execute the Memorandum of Understanding on the County Highway turnbacks to the City of Shakopee. Motion carried unanimously. DuBois/Amundson offered Resolution No. 4930, A Resolution Establishing as a Municipal State Aid Highway Vierling Drive, from County Road 15 to Fuller Street, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to authorize staff to execute a permit for work in the public right-of- way on 5th Avenue, between Lewis Street and Sommerville Street for St. Mary's Parish. (Motion carried under the Consent Agenda.) Link/Sweeney moved to request that the Police Civil Service fill the vacancy created by the resignation of Sergeant Richard Kaley. Motion carried unanimously. DuBois/Amundson moved to authorize the appropriate City officials to purchase a Whelen Model WPS 2800-5 Civil Defense Warning Siren from Front Line Plus Fire and Rescue for $13,585.00 plus tax, shipping and installation. (Motion carried under the Consent Agenda.) Gregg Voxland reported that most of the items on the schedule of changes for the budget have been addressed. He said that if the Council wanted to draw contingency down to about zero, the following amounts could be appropriated for cleanup costs: 1) Police NW Cooperative $10,000; 2) Technology $22,000; 3) open position in Community Development not filled $30,000; 4) position reclassification $5,000; and 5) "not ear marked" contingency $20,000; for a total of $87,000. Sweeney/DuBois moved to amend Resolution No. 4924 by moving from unbudgeted revenue for 1998, the sum of$321,837 General Revenue to the Street Department. Official Proceedings of the June 16, 1998 Shakopee City Council Page -11- Sweeney/DuBois moved to table the motion and directed staff to bring back a revised resolution. Motion carried unanimously. DuBois/Amundson moved to approve the application and grant a tattoo license to David Young Choe, Body Art, 205 South Lewis Street. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to approve the application(s).and grant an Off Sale, On Sale, Sunday, and/or Club Intoxicating Liquor License(s), conditioned upon compliance with all City Code requirements,to: Bretbecca, Inc.,dba Pullman Club, 124 West 1st Avenue (On Sale, Sunday, and Off Sale) Rock Spring Restaurant Inc., 1561 E 1st Avenue (On Sale, Sunday, and Off Sale) Babe's Place, 124 South Holmes (On Sale, Sunday, and Off Sale) Canterbury Park Concessions, Inc.,1100 Canterbury Road(On Sale, Sunday, and Off Sale) Dangerfield's Restaurant Inc., 1583 E 1st Avenue(On Sale and Sunday) Canterbury Inn Inc., dba Best Western/Canterbury Inn, 1244 Canterbury Road, including the volleyball court(On Sale and Sunday) Turtle's Bar and Grill Inc., 132 East First Avenue (On Sale and Sunday) AFFC, Inc. (Arnie's Friendly Folks Club), 122 East First Avenue(On Sale and Sunday) Shakopee Ballroom and Banquet Center Inc., 2400 4th Avenue (On Sale and Sunday) The Main Event of Shakopee,Inc., 911 East 1st Avenue(On Sale and Sunday) Pablo's Mexican Restaurant Inc., 230 South Lewis Street(On Sale) Family Dining Inc., dba Budget Liquor, 6268 Hwy 101 (Off Sale) Riverside Liquors,Inc., 507 E 1st Avenue (Off Sale) Valley Liquor, Inc., 1102 Shakopee Town Square (Off Sale) MGM Spirits Express, Inc., dba MGM Liquor Warehouse, 471 Marschall Road (Off Sale) The American Legion Club Post No. 2, 1266 East 1st Avenue(On Sale Club and Sunday) Knights of Columbus Home Assn., Inc.,1760 East 4th Avenue(On Sale Club and Sunday VFW Post#4046, Inc., 1201 East 3rd Avenue (On Sale Club and Sunday) Fraternal Order of Eagles, 220 West 2nd Avenue(On Sale Club and Sunday) (Motion carried under the Consent Agenda.) DuBois/Amundson moved to waive the requirement of the City Code Section 5.02, Subd. 9 for Dangerfield's Restaurant Inc., and for Knights of Columbus Home Association, Inc. (Motion carried under the Consent Agenda.) DuBois/Amundson moved that the following conditions are placed on the approval of the license for The Main Event of Shakopee, Inc.: a. The extended 648 square foot area of the license which includes the deck shall be closed on a daily basis to the public at sunset and no sale or consumption of food or beverages is allowed on the deck after sunset. Official Proceedings of the June 16, 1998 Shakopee City Council Page -12- b. The doors to the extended deck license area shall remain closed at all times after sunset except in the case of an emergency. c. Applicant's failure to comply with any of theses conditions shall be grounds for suspension or revocation of the license by the City Council. (Motion carried under the Consent agenda.) DuBois/Amundson moved to approve the application(s)and grant an On Sale and/or Off Sale 3.2 Percent Liquor License(s), conditional upon compliance with all City Code requirements,to: Speedway SuperAmerica LLC#4035, 1155 East 1st Avenue(Off Sale) Magnum Management Corp.d/b/a Valleyfair, One Valleyfair Drive (On Sale) Holiday Stationstores, Inc.,444 East 1st Avenue(Off Sale) Pizza Huts of the Northwest, Inc., 257 Marschall Road(On Sale) Polka Dot Dairy, Inc., Tom Thumb Food Markets 590 So. Marshall Road(Off Sale) Raceway Park Inc., One Checkered Flag Blvd. (On Sale) Twin Cities Stores,Inc., dba Oasis Market#525 1147 Canterbury Road(Off Sale) Stonebrooke of Shakopee, Inc., 2693 County Road 79 (On Sale) (Motion carried under the Consent Agenda.) DuBois/Amundson moved to table the application from Sabroso Inc. dba Sabroso Restaurant and Market, 1120 E First Avenue. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to waive the requirement of City Code Section 5.02, Subd. 9 for Stonebrooke of Shakopee, Inc. (Motion carried under the Consent Agenda.) DuBois/Amundson moved to approve the application and grant an On Sale Wine License to Magnum Management Corporation d/b/a Valleyfair, One Valleyfair Drive. (Motion carried under the Consent Agenda.) Gregg Voxland stated that the City has to apply for Performance Aid if it wished to participate in 1999. The aid is funded partly by reductions in existing aids. Shakopee received about $15,000 to $18,000 in previous years. He said that some work has been done on performance measures and there is data for the assessing contract, code enforcement and the drug task force. While staff is not sure that the amount of aid received is worth the effort required, Mr. Voxland stated that in his view,the Council should participate. DuBois/Sweeney moved to authorize the Mayor and a Council member to execute the application to participate in the Local Performance Aid system from the State of Minnesota and direct staff to continue developing a system of reporting performance measures to be included in the 1999 budget. Motion carried unanimously. Official Proceedings of the June 16, 1998 Shakopee City Council Page -13- Gregg Voxland suggested a change in the 1998 budget calendar, changing the June 25 date to June 30 at 7:00 p.m. A discussion ensued regarding a starting time for budget work sessions of 4:00 or 4:30 p.m. There was a consensus to begin work sessions at 4:00 p.m. A July 28th work session with Townships was also set. DuBois/Amundson moved to adopt the letter agreement with St. Francis Regional Medical Center (SFRMC), indicating the Hospital's commitment to reimburse the City for any costs relating to the issuance of approximately $12,240 million in tax exempt bonds. (Motion carried under the Consent Agenda.) The five-year Capital Improvement Program(CIP)review meeting was scheduled for June 30. Mark McNeill reported that clean up of the tree debris from the May 30 storm has proceeded better than expected in terms of schedule. He explained that two policy issues have come up: 1) Stonebrooke Golf Course, developers, and residents living on large wooded lots have asked that the City pick up their trees as well. These people have been encouraged to apply for burning permits as the City is not capable of handling that many trees. 2) Staff is receiving calls from individuals asking that the City extend the June 15 deadline for picking up curbside tree debris. A date must also be established to close the temporary tree compost site from accepting new material. There was a consensus to stay with the curbside pickup deadline of June 15, and direct that the temporary tree compost site be closed to all new material after June 20. Mark McNeill also reported that June 20 will be a clean up day for storm debris only. Sweeney/Amundson moved to approve the Scott County request to designate the west side of Holmes Street from Fourth Avenue to Fifth Avenue a fifteen minute parking zone. Motion carried unanimously. Sweeney/Amundson moved to adjourn. Motion carried unanimously. The meeting was adjourned at 10:41 p.m. ith S. Cox ity Clerk Esther TenEyck Recording Secretary /l CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director • RE: City Bill List DATE: August 13, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 08/13/98 . 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 including Canterbury Drive) in the amount of $2, 246 . 76 . Included in the check list is a check to Bradco Services Inc. for a floor scrubber for the Fire Department in the amount of $3, 566 . 69. This is a capital equipment item that was not listed in the 1998 budget. It is expected that the Fire Chief will have a memo for Council addressing this issue. If the bill list is approved as. is, Finance will hold this check until all issues related to the purchase are resolved. Please note attached memo from Mark McNeill regarding the Coalition of Utility Cities Committee payment. Action Requested Move to approve the bills in the amount of $1, 191,457 . 05 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Coalition of Utility Cities Dues DATE: August 10. 1998 In the bill payments for August 18,there will be a payment request to the Coalition of Utility Cities Committee for$2,684. Those of you on the Council last year will recall this is a group of cities which host NSP electrical generating facilities, which formed a lobbying alliance last year to counter a proposal by NSP which would have the legislature eliminate the property tax on electrical generating facilities. The major players are the cities of Red Wing,Becker, and Monticello. Shakopee has a "peaking"plant in the eastern end of the City, near the Union Pacific switch yard, which accounts for 6%of the City's property tax base. Obviously, losing the amount of tax base would be significant for the City, School District, and County. The Council last year gave authorization to be a part of that group. While Shakopee hasn't been active in their lobbying efforts, we do contribute towards dues. This bill is for$2,684, is above the budgeted 1998 amount for$1,800. Even so, the Coalition's success in helping to convince the legislature to study the NSP proposal rather than enact it should be seen as a reason to renew. There is the reason, I would recommend that that be approved, in spite of the increased amount. The"dues" line item for Council will probably still be within budget. ' / r Q Ali-di Mark McNeill City Administrator MM:tw ELECTRIC.DOC CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 08/13/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 -0 0 11 MAYOR & COUNCIL 65,330 5,901 32,714 50 12 CITY ADMINISTRATOR' 225,000 6,217 101,000 45 13 CITY CLERK 182,430 6,184 94,097 52 15 FINANCE 326,090 8,818 209,393 64 16 LEGAL COUNSEL 253,500 7,720 177,361 70 17 COMMUNITY DEVELOPMENT - 492,700 18,547 271,230 55 18 GENERAL GOVERNMENT BUILDINGS 153,890 5,298 62,133 40 31 POLICE 1,814,370 56,818 1,058,312 58 32 FIRE 486,860 16,327 274,460 56 33 INSPECTION-BLDG-PLMBG-HTG 261,400 9,167 135,843 52 41 ENGINEERING 442,010 16,010 227,967 52 42 STREET MAINTENANCE 1,228,580 125,703 693,626 56 44 SHOP 125,890 5,016 61,696 49 46 PARK MAINTENANCE 377,940 12,784 220,112 58 91 UNALLOCATED 526,830 -60,394 109,338 21 TOTAL GENERAL FUND 6,962,820 240,115 3,729,283 54 17 COMMUNITY DEVELOPMENT 485,570 7,685 222,339 46 TOTAL TRANSIT 485,570 7,685 222,339 46 19 EDA 156,600 2,514 35,639 23 TOTAL EDA 156,600 2,514 35,639 23 H ' m rd a li 04 a a a a a a a ar CU CU CU 1:14 CU 04 C4 CU au cu C4 04 CU au cu cu Cu Cu as Cu Cu liH H H H H H H H H H H H H H H H H H H H H H H H H H H H H H Cd w 0 0 CU z 0 m 00 CO 00 OD CO m 00 m m m m mm z CO o1 a1 0\01 01 0\01 01 01 01 a1 01 01 01 CO CO W m c0 a0 a ON H H H a1 01 U ri to 1 01 CA H E N riHH MMM Vr m 10 HEEE+EE+EHFEEEFE N ri -i 0 CO N HH.-I NNN N o r V1 V]u)u1u1u)mcocnu)CAU]mm N 1.0 1p LOW 10 m ko n n X n n n n n n n n n X X 10 EE Z Cu to a o C2 Cl LC) m o N o XX 2XCD nXn]0naXX 2 o at m 4 O Cr.Cs.Cs+ 000 M O In o KCKtr•CKtKC44FtKC4KCgCKCKC o Elul M H CO mmm Nriri N m m H MMf+1ir')frLMMf')MMMMMN m LnN N Zp,+ CO H Hr1 r-I M NM r1 ri M N ri ri H ri H ri H H H H H ri H H H HH rH D W N N N N N V d'd' N N Vr Vr V•V'V'd'd'Vr V•Vr V V V d'w N N H N N O CA 1 I 1 1 1 i 1 1 I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 O Z N N N N N ri H H N N ri H 0 0 00 0 ri O O OO O O O N N N N N KCZ 01 o1 010\01 I) •1. 01 o1 N M Hri ri ri H ri MM Vr Vr Vr"a 1x 01 O1 0101 01 0 0 0 0 0 0 0 0 0 O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H H 0 34 Cl) a .w7 EWI U 01 PI W Cl) CO Z Z 04 CO H 7+ >4 KC E. wE a r H waW U "i Cu wwwwwwwwwwwwww w 0 0a ) KC CD C14 C.a.0.0. n 4.0.0.0.CL.44 s.w H CC) CD W CO H H H H H H H H H H H H H H O H Cl) aa.aaaa.aaaaaaaa' HO N.] m A Z Lin ZCI CD H H 4t1Qs ,1�ws,s�� ,V410$1! mm 0 4 ri a o KC o CZb CE.W Z F xxxxxxxxx]Cxxx SC N 1 x W Kt EEFEErEEFEEEEEE m '1.E. 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EU r:• k. a. w w w w CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Auditor's Report- Shakopee Community Access Corporation DATE: August 13, 1998 INTRODUCTION: The Council is asked to review and accept the Auditor's report of the Shakopee Community Access Corporation financial statements, for the year ending March 31, 1998. BACKGROUND: Earlier this year, the Shakopee Community Access Corporation hired James Streefland, CPA, to perform a financial audit of its records. The SCAC is a non-profit organization. This was presented, and reviewed by the SCAC at its August 12th Board of Directors meeting. A motion was approved that the information be forwarded to the City Council, with a recommendation for the Council to review and approve, and that staff be directed to address the issues outlined in the June 29, 1998 letter. RECOMMENDATION: I recommend that the Council review and approve, and direct staff to take the appropriate followup action. ACTION REQUIRED: If the Council concurs, it should, by motion, review and accept James Streefland's financial audit of the Shakopee Community Access Corporation documents for the year ended March 31, 1998. Further, City staff should be directed to follow up on the issues identified by Mr. Streefland in his June 29, 1998 letter. Mark McNeill City Administrator MM:tw A(JDIT.DOC JAMES STREEFLAND CPA CERTIFIED PUBUC ACCOUNTANT 1240 EAST THIRD AVENUE P.O. BOX 127 SHAKOPEE, MN 55379 Telephone:(612)496-3773 Fax: (612)496-0057 June 29, 1998 To the Management and The Board of Directors of Shakopee Community Access Corporation In planning and performing our audit of the financial statements of Shakopee Community Access Corporation for the year ended March 31, 1998 I considered the Organization's internal control structure to plan auditing procedures for the purpose of expressing my opinion on the financial statements and not to provide assurance on internal control structure. However, during my audit, I noted certain matters involving the internal control structure and other matters that are presented for your consideration. This letter does not affect our report dated June 29, 1998, on the financial statements of Shakopee Community Access Corporation. I will review the status of these comments during my next audit engagement. My comments and recommendations, all of which have been discussed with appropriate members of management, are intended to improve the internal control structure or result in other operating efficiencies. I will be pleased to discuss these comments in further detail at your convenience, to perform any additional study of these matters, or to assist you in implementing the recommendations. Our comments are summarized as follows: Accounting Manual The Organization does not have a formal accounting manual documenting the procedures for fiscal operations. A written accounting manual is necessary to ensure that transactions are treated in a standardized manner and that proper internal controls exist in the accounting system. Should employees have a question as to the proper handling of a transaction in accordance with management's authorization, such information is not available in writing. I recommend that operating guidelines for fiscal activities be prepared including a description of each fiscal procedure, such as invoice paying, maintenance of accounts receivable, accounts payable, fixed asset subsidiary records and maintenance of general ledger monthly. Corporation Created by Public Entity In 1997, the legislature passed Minn. Stat 465.715 which stated that Counties, Cities, Towns, School Districts and other political subdivisions may not create corporations, whether for profit or non profit, unless explicitly authorized to do so by law. In 1998, the legislature amended this law permitting corporations created prior to July 1, 1997 to continue until July 1, 1999. The State Auditor will conduct a survey of corporations that have been created by public entities and report back to the legislature. Any corporate entity that does not report to the state auditor, will not be authorized to receive public funds or contract with public entities after July 1, 1999. I recommend that the corporation determines whether the law applies to them. Organizational Structure The size of the Organization's accounting and administrative staff precludes certain internal controls that would be preferred if the office staff were large enough to provide optimum segregation of duties. This situation dictates that the Board of directors remain involved in the financial affairs of the Organization to provide oversight and independent review functions. I wish to thank the Treasurer for his support and assistance during my audit. This report is intended solely for the information and use of the Board of Directors, management, and others within the Organization. Shakopee, Minnesota June 29, 1998 A . mow E!), SHAKOPEE COMMUNITY ACCESS CORPORATION FINANCIAL STATEMENTS MARCH 31, 1998 • (CPA) JAMES STREEFLAND CERTIFIED PUBLIC ACCOUNTANT SHAKOPEE,MINNESOTA 55379 JAMES STREEFLAND CPA CERTIFIED PUBLIC ACCOUNTANT 1240 EAST THIRD AVENUE P.O. BOX 127 SHAKOPEE, MN 55379 Telephone: (612)496-3773 Fax: (612)496-0057 INDEPENDENT AUDITOR'S REPORT To the Board of Directors Shakopee Community Access Corporation I have audited the accompanying statement of financial position of the Shakopee Community Access Corporation (a nonprofit organization) as of March 31, 1998, and the related statements of activities and cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with generally accepted auditing standards. Those standards require that I plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also included assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. I believe that my audit provides a reasonable basis for my opinion. In my opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Shakopee Community Access Corporation as of March 31, 1998, and the changes in its net assets and its cash flows for the year then ended in conformity with generally accepted accounting principles. d1,4‘44,, - 1) Shakopee, Minnesota June 29, 1998 SHAKOPEE COMMUNITY ACCESS CORPORATION STATEMENT OF FINANCIAL POSITION MARCH 31, 1998 ASSETS Cash and cash equivalents $ 94,635 Accounts receivable 32,356 Property and equipment 91.820 TOTAL ASSETS $ 218.811 LIABILITIES Accounts payable $ 799 Grants payable 100 TOTAL LIABILITIES 899 NET ASSETS Unrestricted net assets 217,912 TOTAL LIABILITIES AND NET ASSETS $ 218,811 See accompanying notes to financial statements (1) i SHAKOPEE COMMUNITY ACCESS CORPORATION STATEMENT OF ACTIVITIES YEAR ENDED MARCH 31, 1998 UNRESTRICTED NET ASSETS REVENUES AND GAINS Franchise fees $ 72,447 Access fees 17,593 Maintenance fees 2,600 Interest income 1.022 TOTAL REVENUE $ 93.662 EXPENSES Program grants 600 Maintenance of equipment 2,729 Access Management 21,300 Government Access Operations and technician 3,414 Legal and accounting 2,025 Studio rent 7,200 City support staff 3,063 Insurance 260 Studio supplies 3,510 Telephone 903 Depreciation 11,961 Miscellaneous expense 83 TOTAL EXPENSES 57.048 INCREASE IN UNRESTRICTED NET ASSETS 36,614 UNRESTRICTED NET ASSETS AT BEGINNING OF YEAR 181.298 UNRESTRICTED NET ASSETS AT END OF YEAR $ 217,912 See accompanying notes to financial statements (2) a SHAKOPEE COMMUNITY ACCESS CORPORATION STATEMENT OF CASH FLOWS YEAR ENDED MARCH 31, 1998 CASH FLOWS FROM OPERATING ACTIVITIES Cash received from: Fees $ 88,586 Interest income 1,021 Cash paid for: Program grants (500) Maintenance of equipment (2,461) Access management (19,525) Government Access operations and technicians (2,894) Legal and accounting (2,025) Studio rent (7,200) City support staff (4,045) Insurance (260) Studio supplies (3,510) Telephone (838) Miscellaneous expense (84) NET CASH PROVIDED BY OPERATING ACTIVITIES 46,265 CASH FLOWS FROM INVESTING ACTIVITIES Purchase of fixed assets (26.053) NET CASH PROVIDED (USED) IN INVESTING ACTIVITIES (26,053) NET INCREASE (DECREASE) IN CASH 20,212 CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR 74.423 CASH AND CASH EQUIVALENTS, END OF YEAR $ 94,635 RECONCILIATION OF CHANGE IN NET ASSETS TO NET CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets $ 36,614 Adjustments to reconcile change in net assets to net cash used in operating activities: Depreciation 11,961 Increase in accounts receivable (4,055) Decrease in accounts payable (340) Increase in grants payable 100 Decrease in prepaid expenses 1,985 NET CASH PROVIDED BY OPERATING ACTIVITIES $ 46,265 See accompanying notes to financial statements (3) 4 SHAKOPEE COMMUNITY ACCESS CORPORATION NOTES TO FINANCIAL STATEMENTS NOTE A-NATURE OF ACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Activities The Shakopee Community Access Corporation is a nonprofit organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code. The Corporation was formed for the purpose of providing public access to communication media, to educate the community by training and conducting public programs, and to provide means and make available equipment so that the community can produce television programs within the City of Shakopee. Resources for the Corporation activities are primarily provided by fees. Basis of Accounting The accounts of the Corporation are maintained, and the financial statements are prepared, on the accrual basis of accounting. Accordingly, revenues are recognized when earned, and expenses are recognized when incurred. Use of Estimates The financial statements include estimates and assumptions made by management that affect the carrying amounts of assets and liabilities and the reported amounts of revenues and expenses. Actual results may differ from those estimates. Cash and Cash Equivalents For purposes of the statement of cash flows, the Corporation considers all unrestricted highly liquid investments within an initial maturity of three months or less to be cash equivalents. Property and Equipment Property and equipment are stated at cost. Acquisitions are capitalized at estimated costs. Property and equipment are depreciated on the straight-line method using 10 year lives. Grants Payable Grants payable represents all unconditional grants that have been authorized prior to year end, but remain unpaid as of the statement of financial position to date. Conditional grants are expensed and considered payable in the period the conditions are substantially satisfied. There were no conditional grants at March 31, 1998. Leases The corporation leases its premises at the rate of $7,200 per year. The lease is a month to month agreement. (4) rt SHAKOPEE COMMUNITY ACCESS CORPORATION NOTES TO FINANCIAL STATEMENTS NOTE B-PROPERTY, FURNITURE, AND EQUIPMENT Property and equipment include the following at March 31, 1998. Equipment $ 119,613 Less accumulated depreciation (27.793) Net property and equipment $ 91.820 NOTE C-UNRESTRICTED NET ASSETS There are no donor restrictions on the Corporation's net assets. NOTE D-INCOME TAXES The Corporation is exempt from federal income taxes under Internal Revenue Code Section 501 (c) (3) and therefore has made no provision for federal income taxes. (5) CITY OF SHAKOPEE Memorandum I • /9, TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Auditor's Report- Shakopee Community Access Corporation DATE: August 13, 1998 INTRODUCTION: The Council is asked to review and accept the Auditor's report of the Shakopee Community Access Corporation financial statements, for the year ending March 31, 1998. BACKGROUND: Earlier this year,the Shakopee Community Access Corporation hired James Streefland, CPA,to perform a financial audit of its records. The SCAC is a non-profit organization. This was presented, and reviewed by the SCAC at its August 12th Board of Directors meeting. A motion was approved that the information be forwarded to the City Council,with a recommendation for the Council to review and approve, and that staff be directed to address the issues outlined in the June 29, 1998 letter. RECOMMENDATION: I recommend that the Council review and approve, and direct staff to take the appropriate followup action. ACTION REQUIRED: If the Council concurs, it should,by motion,review and accept James Streefland's financial audit of the Shakopee Community Access Corporation documents for the year ended March 31, 1998. Further, City staff should be directed to follow up on the issues identified by Mr. Streefland in his June 29, 1998 letter. Mark McNeill City Administrator MM:tw AUDIT.DOC JAMES STREEFLAND CPA CERTIFIED PUBUC ACCOUNTANT 1240 EAST THIRD AVENUE P.O. BOX 127 SHAKOPEE, MN 55379 Telephone:(612)496-3773 Fax: (612)496-0057 June 29, 1998 To the Management and The Board of Directors of Shakopee Community Access Corporation In planning and performing our audit of the financial statements of Shakopee Community Access Corporation for the year ended March 31, 1998 I considered the Organization's internal control structure to plan auditing procedures for the purpose of expressing my opinion on the financial statements and not to provide assurance on internal control structure. However, during my audit, I noted certain matters involving the internal control structure and other matters that are presented for your consideration. This letter does not affect our report dated June 29, 1998, on the financial statements of Shakopee Community Access Corporation. I will review the status of these comments during my next audit engagement. My comments and recommendations, all of which have been discussed with appropriate members of management, are intended to improve the internal control structure or result in other operating efficiencies. I will be pleased to discuss these comments in further detail at your convenience, to perform any additional study of these matters, or to assist you in implementing the recommendations. Our comments are summarized as follows: Accounting Manual The Organization does not have a formal accounting manual documenting the procedures for fiscal operations. A written accounting manual is necessary to ensure that transactions are treated in a standardized manner and that proper internal controls exist in the accounting system. Should employees have a question as to the proper handling of a transaction in accordance with management's authorization, such information is not available in writing. I recommend that operating guidelines for fiscal activities be prepared including a description of each fiscal procedure, such as invoice paying, maintenance of accounts receivable, accounts payable, fixed asset subsidiary records and maintenance of general ledger monthly. Corporation Created by Public Entity In 1997, the legislature passed Minn. Stat 465.715 which stated that Counties, Cities, Towns, School Districts and other political subdivisions may not create corporations, whether for profit or non profit, unless explicitly authorized to do so by law. In 1998, the legislature amended this law permitting corporations created prior to July 1, 1997 to continue until July 1, 1999. The State Auditor will conduct a survey of corporations that have been created by public entities and report back to the legislature. Any corporate entity that does not report to the state auditor, will not be authorized to receive public funds or contract with public entities after July 1, 1999. I recommend that the corporation determines whether the law applies to them. Organizational Structure The size of the Organization's accounting and administrative staff precludes certain internal controls that would be preferred if the office staff were large enough to provide optimum segregation of duties. This situation dictates that the Board of directors remain involved in the financial affairs of the Organization to provide oversight and independent review functions. I wish to thank the Treasurer for his support and assistance during my audit. This report is intended solely for the information and use of the Board of Directors, management, and others within the Organization. Shakopee, Minnesota June 29, 1998 SHAKOPEE COMMUNITY ACCESS CORPORATION FINANCIAL STATEMENTS MARCH 31, 1998 JAMES STREEFLAND CPA CERTIFIED PUBLIC ACCOUNTANT 1240 EAST THIRD AVENUE P.O. BOX 127 SHAKOPEE, MN 55379 Telephone: (612)496-3773 Fax: (612)496-0057 INDEPENDENT AUDITOR'S REPORT To the Board of Directors Shakopee Community Access Corporation I have audited the accompanying statement of financial position of the Shakopee Community Access Corporation (a nonprofit organization) as of March 31, 1998, and the related statements of activities and cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with generally accepted auditing standards. Those standards require that I plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also included assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. I believe that my audit provides a reasonable basis for my opinion. In my opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Shakopee Community Access Corporation as of March 31, 1998, and the changes in its net assets and its cash flows for the year then ended in conformity with generally accepted accounting principles. 91,0140/ , III r Shakopee, Minnesota June 29, 1998 SHAKOPEE COMMUNITY ACCESS CORPORATION STATEMENT OF FINANCIAL POSITION MARCH 31, 1998 ASSETS Cash and cash equivalents $ 94,635 Accounts receivable 32,356 Property and equipment 91,820 TOTAL ASSETS $ 218,811 LIABILITIES Accounts payable $ 799 Grants payable 100 TOTAL LIABILITIES 899 NET ASSETS Unrestricted net assets 217,912 TOTAL LIABILITIES AND NET ASSETS $ 218,811 See accompanying notes to financial statements (1) SHAKOPEE COMMUNITY ACCESS CORPORATION STATEMENT OF ACTIVITIES YEAR ENDED MARCH 31, 1998 UNRESTRICTED NET ASSETS REVENUES AND GAINS Franchise fees $ 72,447 Access fees 17,593 Maintenance fees 2,600 Interest income 1,022 TOTAL REVENUE $ 93,662 EXPENSES Program grants 600 Maintenance of equipment 2,729 Access Management 21,300 Government Access Operations and technician 3,414 Legal and accounting 2,025 Studio rent 7,200 City support staff 3,063 Insurance 260 Studio supplies 3,510 Telephone 903 Depreciation 11,961 Miscellaneous expense 83 TOTAL EXPENSES 57,048 INCREASE IN UNRESTRICTED NET ASSETS 36,614 UNRESTRICTED NET ASSETS AT BEGINNING OF YEAR 181,298 UNRESTRICTED NET ASSETS AT END OF YEAR $ 217,912 See accompanying notes to financial statements (2) SHAKOPEE COMMUNITY ACCESS CORPORATION STATEMENT OF CASH FLOWS YEAR ENDED MARCH 31, 1998 CASH FLOWS FROM OPERATING ACTIVITIES Cash received from: Fees $ 88,586 Interest income 1,021 Cash paid for: Program grants (500) Maintenance of equipment (2,461) Access management (19,525) Government Access operations and technicians (2,894) Legal and accounting (2,025) Studio rent (7,200) City support staff (4,045) Insurance (260) Studio supplies (3,510) Telephone (838) Miscellaneous expense (84) NET CASH PROVIDED BY OPERATING ACTIVITIES 46,265 CASH FLOWS FROM INVESTING ACTIVITIES Purchase of fixed assets (26,053) NET CASH PROVIDED (USED) IN INVESTING ACTIVITIES (26,053) NET INCREASE (DECREASE) IN CASH 20,212 CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR 74,423 CASH AND CASH EQUIVALENTS, END OF YEAR $ 94,635 RECONCILIATION OF CHANGE IN NET ASSETS TO NET CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets $ 36,614 Adjustments to reconcile change in net assets to net cash used in operating activities: Depreciation 11,961 Increase in accounts receivable (4,055) Decrease in accounts payable (340) Increase in grants payable 100 Decrease in prepaid expenses 1,985 NET CASH PROVIDED BY OPERATING ACTIVITIES $ 46,265 See accompanying notes to financial statements (3) SHAKOPEE COMMUNITY ACCESS CORPORATION NOTES TO FINANCIAL STATEMENTS NOTE A-NATURE OF ACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Activities The Shakopee Community Access Corporation is a nonprofit organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code. The Corporation was formed for the purpose of providing public access to communication media, to educate the community by training and conducting public programs, and to provide means and make available equipment so that the community can produce television programs within the City of Shakopee. Resources for the Corporation activities are primarily provided by fees. Basis of Accounting The accounts of the Corporation are maintained, and the financial statements are prepared, on the accrual basis of accounting. Accordingly, revenues are recognized when earned, and expenses are recognized when incurred. Use of Estimates The financial statements include estimates and assumptions made by management that affect the carrying amounts of assets and liabilities and 1 the reported amounts of revenues and expenses. Actual results may differ from those estimates. Cash and Cash Equivalents For purposes of the statement of cash flows, the Corporation considers all unrestricted highly liquid investments within an initial maturity of three months or less to be cash equivalents. Property and Equipment Property and equipment are stated at cost. Acquisitions are capitalized at estimated costs. Property and equipment are depreciated on the straight-line method using 10 year lives. Grants Payable Grants payable represents all unconditional grants that have been authorized prior to year end, but remain unpaid as of the statement of financial position to date. Conditional grants are expensed and considered payable in the period the conditions are substantially satisfied. There were no conditional grants at March 31, 1998. Leases The corporation leases its premises at the rate of $7,200 per year. The lease is a month to month agreement. (4) SHAKOPEE COMMUNITY ACCESS CORPORATION NOTES TO FINANCIAL STATEMENTS NOTE B-PROPERTY, FURNITURE, AND EQUIPMENT Property and equipment include the following at March 31, 1998. Equipment $ 119,613 Less accumulated depreciation (27,793) Net property and equipment $ 91,820 NOTE C-UNRESTRICTED NET ASSETS There are no donor restrictions on the Corporation's net assets. NOTE D-INCOME TAXES The Corporation is exempt from federal income taxes under Internal Revenue Code Section 501 (c) (3) and therefore has made no provision for federal income taxes. (5) l3. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Partial Vacation of a Drainage & Utility Easement Outlot F, Southbridge 1st Addition APPLICANT: Valley Green Business Park Limited Partnership DATE: August 18, 1998 Introduction: The City Council received a request from Mr. Jon Albinson of Valley Green Business Park Limited Partnership (VGBP) to consider the partial vacation of a drainage and utility easement, located in Outlot F, Southbridge 1st Addition. This easement was originally granted to the Prior Lake/Spring Lake Watershed District (PLSLWD) and City of Shakopee on August, 31st, 1982, for purposes of the Prior Lake Drainage Project. VGBP has secured the necessary release from PLSLWD in the form of a Partial Release of Drainage Easement document, attached for your review. Discussion: Other agencies and city departments have reviewed this request, and the City has not received any objections or conditions of approval. The Planning Commission reviewed the request at their meeting of August 6th, 1998. The Commission recommended approval of the requested vacation. The attached resolution approves the requested vacation, and authorizes the Mayor/City Clerk to execute a Partial Release of Drainage Eavement document on behalf of the City. Alternatives: 1. Approve Resolution No. 4962 approving the requested vacation and authorizing the Mayor/City Clerk to execute the Partial Release of Drainage Easement document. 2. Deny the request to vacate the subject easement. 3. Table the decision to allow staff or the applicant time to provide additional information. Planning Commission Recommendation: The Planning Commission recommended Alternative 1, approval of the partial vacation request. Action Requested: Offer and approve Resolution No. 4962. is\commdev\c61998\cc08 18\vac-vgbp.doc RESOLUTION NO. 4962 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING PART OF A DRAINAGE AND UTILITY EASEMENT ENCUMBERING A PORTION OF OUTLOT F,SOUTHBRIDGE 1st ADDITION, CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, the City and the Prior Lake-Spring Lake Watershed District were granted a perpetual easement for drainage purposes over, under and across certain parcel of real estate, legally described in Exhibit A - Drainage Easement attached hereto and made a part hereof, according to the terms of a Deed of Drainage and Utility Easement dated August 31, 1982, filed December 23, 1985, as Document No. 33044; and WHEREAS, the real estate affected by the Drainage Easement now owned by Valley Green Business Park Limited Partnership is legally described in Exhibit B - Valley Green Property, attached hereto and made a part hereof, and WHEREAS, Valley Green Business Park Limited Partnership desires to modify the Drainage Easement by releasing from it the real estate described in Exhibit C - Released Property, attached hereto and made a part hereof; and WHEREAS, Valley Green Business Park Limited Partnership desires the release of said outlot for the purpose of accommodating future development within this subdivision; and WHEREAS, it has been made to appear to the Shakopee City Council that this portion of right-of-way serves no public use or interest for drainage and utility easement purposes; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 18th day of August, 1998; and WHEREAS, two weeks published notice has been given in the Shakopee Valley News and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest. 2. That portions of the drainage and utility easement right-of-way granted in Document No. 33044 described on the legal attachment as Exhibit A-Drainage Easement, and which portions are described in the legal attachment as Exhibit C - Released Property and which encumbers part of Outlot F, Southbridge 1st Addition, County of Scott, State of Minnesota, serves no further public need for drainage and utility easement purposes, and those portions described in the legal attachment as Exhibit C- Released Property are hereby vacated. 3. That Outlot F is hereby released form the Drainage and Utility Easement described in Exhibit A. 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. 5. That the Mayor and City Clerk are authorized to execute the PARTIAL RELEASE OF DRAINAGE EASEMENT document with Prior Lake-Spring Lake Watershed District and Valley Green Business Park Limited Partnership for partial release of said drainage easement. Adopted in session of the City Council of the City of Shakopee, Minnesota, Held the day of , 1998, Jon P. Brekke Mayor of the City of Shakopee ATTEST: Judith S. Cox City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street LEGAL ATTACHMENT EXHIBIT A • DRAINAGE EASEMENT That part of the East Half of the Southeast Quarter of Section 10,Township 115, Range 22, Scott County,Minnesota, described as follows: Commencing at the Northeast corner of said Southeast Quarter, thence West along the North line of said Southeast Quarter a distance of 290.00 feet to the point of beginning of the land to be described; thence continuing West along said North line a distance of 230.00 feet; thence deflecting left 45°00'00" a distance of 390.00 feet; thence deflecting left 45°00'00"a distance of 250.00 feet; thence deflecting left 135°00'00"a distance of 390.00 feet; thence deflecting right 90°00'00"a distance of 400.00 feet; thence deflecting left 45°00'00"a distance of 124.00 feet; thence deflecting left 90°00'00"a distance of 350.07 feet; thence defecting left 45°00'00"a distance of 250.00 feet to the point of beginning. Together with a strip of land, 100.00 feet in width, in the Northeast Quarter of Section 10, Township 115, Range 22, Scott County, Minnesota. The centerline of said strip of land being described as follows: Commencing at the Southeast corner of said Northeast Quarter; thence West along the South line of said Northeast Quarter a distance of 290.00 feet to the • point of beginning of the centerline to be described;thence deflecting right 135°00'00"a distance of 117.38 feet; thence deflecting right 45°00'00" a distance of 157.00 feet; thence North parallel with the East line of said Northeast Quarter to the South line of the North 824.00 feet of said Northeast Quarter and there terminating. EXHIBIT B VALLEY GREEN PROPERTY Outlot F, Southbridge 1"Addition, Scott County,Minnesota EXHIBIT C RELEASED PROPERTY Outlot F, Southbridge 1't Addition, Scott County,Minnesota document2 OIMIIIMIk 40.1.11.M. 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JuN 1998 PARTIAL RELEASE OF DRAINAGE EASEMENT This Partial Release of Drainage Easement is made and entered into as of , 1998, by the City of Shakopee, a Minnesota municipal corporation, (the"City"), and Prior Lake-Spring Lake Watershed- District, a political subdivision of the State of Minnesota corporation (the"District"), and Valley Green Business Park Limited Partnership, a Minnesota limited partnership ("Valley Green"). RECITALS A. The City and the District were granted a perpetual easement for drainage purposes over, under and across that certain parcel of real estate in Scott County, Minnesota, legally described in Exhibit A attached hereto and made a part hereof, according to the terms of a Deed of Drainage and Utility Easement dated August 31, 1982, filed December 23, 1985, as Document No. 33044 (the "Drainage Easement"). The real estate affected by the Drainage Easement now owned by Valley Green is legally described in Exhibit B attached hereto and made a part hereof (the"Valley Green Property"). B. The parties desire to have the Valley Green Property developed for residential purposes, and to accommodate the development the parties desire to modify the Drainage Easement by releasing from it the real estate described in Exhibit C attached hereto and made a part hereof(the"Released Property"). AGREEMENT In consideration of the agreements set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the following grant, release, and covenants are made: 1. Recitals. The foregoing recitals are true and correct and constitute a material part of this Agreement. M:\4271\941017\RAP\Watershed Release.doc 2. Partial Release of Drainage Easement, The City and the District hereby release the Released Property from the Drainage Easement, and hereby terminate all right, title and interest of the City and the District in and to the Released Property. 3. Successors and Assigns. This Agreement is binding on the successors and assigns of the parties. 4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon and all of which shall together constitute one and the same instrument. This Agreement shall become binding when one or more counterparts hereof, individually or taken together, shall bear the signatures of all the parties reflected hereon as the signatories. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dated stated above. Valley Green Business Park Limited Partnership, by Valley Green Business Park Inc., a Minnesota corporation, its general partner By Its STATE OF CONNECTICUT COUNTY OF FAIRFIELD } ss The foregoing instrument was acknowledged before me this day of , 1998, by , the of Valley Green Business Park, Inc., a Minnesota corporation, as general partner of Valley Green Business Park Limited Partnership, a Minnesota limited partnership, on behalf of the corporation and partnership. Notary Public -2- M:\4271\941017\RAP\Watershed Release.doc CITY OF SHAKOPEE By Its Mayor By Its STATE OF MINNESOTA COUNTY OF SCOTT } ss The foregoing instrument was acknowledged before me this day of , 1998, by and respectively the Mayor and of City of Shakopee, a Minnesota municipal corporation, on behalf of the corporation. Notary Public -3- M:\4271\941017\RAP\Watershed Release.doc PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT B �.�� Y Vice Pres dent B ale;. 4h%// Y Its Secretary 6 STATE OF MINNESOTA COUNTY OF SCOTT } ss 0\The foregoing instrument was acknowledged before me this 1- day of , 1998, by Elizabeth Erickson and Orlin H. Schafer respectively the Vic President and Secretary of Prior Lake-Spring . Lake Water ed District, a political subdivision of the State of Minnesota corporation, on behalf of the corporation. •ts, BRYCE D.HUEMOELLER N;)/la • :i NOTARY PUBLIC-MINNESOTA SCOTT COUNTY Not Public My Commission Expires Jim.31.2000 Y This instrument drafted by Best&Flanagan,P.L.L.P. (RAP) 601 Second Avenue South, Suite 4000 Minneapolis,MN 55402-4331 -4- M:\4271\941017\RAP\Watershed Release.doc EXHIBIT A DRAINAGE EASEMENT That part of the East Half of the Southeast Quarter of Section 10,Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Northeast corner of said Southeast Quarter, thence West along the North line of said Southeast Quarter a distance of 290.00 feet to the point of beginning of the land to be described; thence continuing West along said. North line a distance of 230.00 feet; thence deflecting left 45°00'00"a distance of 390.00 feet; thence deflecting left 45°00'00"a distance of 250.00 feet; thence deflecting left 135°00'00"a distance of 390.00 feet; thence deflecting right 90°00'00"a distance of 400.00 feet; thence deflecting left 45°00'00"a distance of 124.00 feet; thence deflecting left 90°00'00"a distance of 350.07 feet; thence defecting left 45°00'00"a distance of 250.00 feet to the point of beginning. Together with a strip of land, 100.00 feet in width, in the Northeast Quarter of Section 10, Township 115, Range 22, Scott County, Minnesota. The centerline of said strip of land being described as follows: Commencing at the Southeast corner of said Northeast Quarter; thence West along the South line of said Northeast Quarter a distance of 290.00 feet to the • point of beginning of the centerline to be described; thence deflecting right 135°00'00"a distance of 117.38 feet; thence deflecting right 45°00'00" a distance of 157.00 feet; thence North parallel with the East line of said Northeast Quarter to the South line of the North 824.00 feet of said Northeast Quarter and there terminating. EXHIBIT B VALLEY GREEN PROPERTY Outlot F, Southbridge 1'Addition, Scott County,Minnesota EXHIBIT C RELEASED PROPERTY Outlot F, Southbridge 13t Addition, Scott County,Minnesota -5- M:\4271\941017\RAP\Watershed Release.doc /y4 CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map -Rezone property from Agricultural Preservation (AG) to Highway Business (B1) DATE: August 18, 1998 INTRODUCTION Oppidan Investments is requesting that the Official Zoning Map be amended to rezone a property currently zoned as Agricultural Preservation(AG)to Highway Business(B 1). This property is located south of the Crossroads Center and north of Highway 169. A copy of the August 6, 1998, Planning Commission staff report is attached for reference. ALTERNATIVES 1. Amend the Zoning Map to rezone the subject property from Agricultural Preservation (AG)to Highway Business(B 1), as requested by the applicant. 2. Do not amend the Zoning Map. 3. Table the decision and request additional information from the applicant or staff PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 524, and move its approval. 4110 1e Klim:' 'lanner II i:\conundev\c61998\cc0818\rezerds3.doc 1 ORDINANCE NO. 524, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED SOUTH OF CROSSROADS CENTER AND NORTH OF HIGHWAY 169 FROM AGRICULTURAL PRESERVATION (AG)ZONE TO HIGHWAY BUSINESS (B1)ZONE. WHEREAS, Oppidan Investments, property owner has made application for the rezoning of land legally described as attached on Exhibit A from Agricultural Preservation (AG) to Highway Business (B 1); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on August 6, 1998, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property to Highway Business (B1) to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as attached on Exhibit A from Agricultural Preservation (AG) to Highway Business (B 1). Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998. Mayor of the City of Shakopee Attest: , City Clerk Published in the Shakopee Valley News on the day of , 1998. Prepared by: City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 2 EXHIBIT A That part of Parcel 57B and Parcel 58 on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 70-5, Scott County, Minnesota, described as follows: Beginning at Point B501 at the northwest corner of said Parcel 57B; thence North 89 degrees 42 minutes 59 seconds East, assumed bearing, along the north line of said Parcels 57B and 58, a distance of 1050.51 feet; thence South 67 degrees 37 minutes 14 seconds West, 1134.31 feet, to the west line of said Parcel 57B; thence North 00 degrees 13 minutes 04 seconds West, 426.68 feet, to the point of beginning and there terminating. 3 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Agricultural Preservation(AG)to Highway Business(B-1) DATE: August 6, 1998 Site Information: Applicant: Oppidan Investments Property Owner: Oppidan Investments Location: North of Highway 169, South of Crossroads Center and West of Marschall Road (County Road 17) Current Zoning: Agricultural Preservation(AG) Adjacent Zoning: North: Highway Business(B-1)Zone South: Highway 169 Right-of-Way East: County Road 17/Highway Business(B1)Zone West: Medium Density Residential(R2)Zone 1995 Comp. Plan: Commercial Area: 5.15 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning Area Map Exhibit B: 1995 Comprehensive Luiid vse Map Exhibit C: City Code Section 11.36 Highway Business(BI)Regulations Introduction The applicant is requesting that the City amend the Official Zoning Map by rezoning a parcel currently zoned as Agricultural Preservation (AG) to Highway Business (B-1). Please see Exhibit A for the location of the subject site. Considerations 1. The Comprehensive Plan (Exhibit B) has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibit C provides a list of the uses,both permitted and conditional,that are allowed in the Highway Business(B1)Zone. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as"Commercial". The rezoning of the site to Highway Business, as requested by the applicant, would be in conformance with the 1995 Comprehensive Plan. 3. The purpose of the Highway Business (B 1) Zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Findings The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff 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 Significant changes in community goals and policies have, as expressed in the Comprehensive Plan, taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in City-wide or neighborhood development patterns have occurred with the opening of Highway 169 and the adjacent commercial development in this area. Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The Comprehensive Plan has identified this area for Commercial use. Therefore, this request is in compliance with the land use plan in the 1995 Comprehensive Plan. 2 Alternatives 1. Recommend to the City Council the approval of the request to rezone the subject property from Agricultural Preservation(AG)to Highway Business(B-1)Zone. 2. Recommend to the City Council the denial of the request to rezone property from Agricultural Preservation(AG)to Highway Business(B-1)Zone. 3. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation Staff recommends Alternative No. 1, approval of the request to rezone the subject property from Agricultural Preservation(AG)to Highway Business(B-1)Zone. Action Requested: Offer a motion to recommend to the City Council the approval of the request to rezone the subject property from Agricultural Preservation(AG)to Highway Business(B-1)Zone. J lie Klima Planner II i:\conundev\boaa-p61998\0806\rzcirds3.doc 3 11j 3211113747; 'Yry= iriFi '_-.1-..-.-------1:--.-.-... _� _ 1it 1/1„12 =�= - t � EXHIBIT A '•: Tis a , l 1 . :: : Iia friCf� awl ` M♦v1111111111•1 EINIMI,Eni �� all EA! Diel � go�s �� _ �. lwIlir Vit- - _ I w� __., _ a wiiii.Og ------ • --- Ia. . .' =CIL ., ..::-. *61101 2 -1 ' .' ' 'M mu 1111101. , -• WEI 2_ '4744) 1 1 ''' ®.111 - ME EMI EMU X144 el® �© �- �OerrAp . .._ :. r �!� ��• !�..��_ .... EI♦ MINI __ e - �� EM Mi B! 3il�mom mom ism= mum. MIN• IC.k,,. ill Si s z ;�_ b q+ 430 10 • Ea IIIEI 11111 _EI NM i 11.11k1 alga° 117.1 rill 7":".e.'. 1' SE IIII, FE. 1,Avice 14-7- Milk 4i1,-4 Mirt,/e/ • •= • ,øUf >oo E •1,2 X111 imp• 1 `� � Alk vc 4.4 iggA. 4iit.74;1.wow Novi .. J.111/01 NIGH . . 'a 111160_ 11111k...w ICAlit ,4„„cyti 4iiiiiiiiiecir A ..' MM. a -taillairew fr- -ir ©�� pi p 0 m© !'_` =Dim tet: 1114 owl 111ft4421ili11'4 61* 1111"" dAhill IT R 3 �„ ',�llil rwife $ N "IP • ,mat R2 � ' V. •o , ' '1 I i3 I. o© a = ki,,sAiman � �[ Z ls 9i �= ,ter 'zW h � , %, �`►� � O2 B �, -,, lttal ' `"amu"' I ►�, Fyloop�� mncr s V -- -- n�Jw itur.._______________________ �GEv�-0•046 . • ,/` erly�ne Zones 6./N riculture ,��,� �_�� rcl Residenticl - ___—_.�_ ; w Density Residential _- -- - _ f so ban Residenticl d Shakopee Residential = - ' dium Density Residenticl IIE�� tultiple Family Residential I. I 81 ( Highway Business I .2 I Office Business 23 Central Business I l 1 11 I Light Industrial • 12 I Heavy Industrial MRI Major Recreation • .. .. ...:_ ...._ -GRAPHIC SCALE • • - _ Overloy Zones "`0 - 6 4cc 3CC 1600 •.. -S ±SnarelCnd i--F-Floodplain District -- -=- - ( IN FEET ) .. ..r�.: . - �/ fern g Overlay ----------- _ //i n _.._._..- - .. . ----— - ___.. ..._� .. inch = 800 IL - ._ - S ?UO Overlay § 11.36 SEC. 11.38. HIGHWAY BUSINESS ZONE (B-1). EXHIBIT C Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses: A. motels and hotels; B. restaurants, class I; C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor, I. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, p.q.rw,4d M 19S6 1171 $ 11.36 replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L car washes; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; 0. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; or U. retail centers; or V. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: OP%& minimum lot area: (new lots): 4we•acre;�' CO,J. 4' ,J-(0....1-4 seeks) (existing lots): 8,000 square feet maximum floor area ratio: .50 ppe wiled on 1996 1172 § 11.37 B. Maximum impervious surface percentage: 75% C. Lot specifications: minimum lot width: (new lots): 100 feet • (existing lots): 60 feet minimum front yard setback 30 feet •• minimum side yard setback 20 feet minimum rear yard setback 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984;Ord. 158,January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264; May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292,September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994; Ord. 434, November 30, 1995) SEC. 11.37. Reserved. page mused in 1996 1173 / /. G , CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Approval of a Registered Land Survey Valley Green Business Park Limited Partnership(Applicant) DATE: August 18, 1998 Introduction Valley Green Business Park Limited Partnership is requesting approval of a Registered Land Survey for an unplatted parcel of property. The property is located at the southwest corner of Highway 169 and County Road 83 (Exhibit A). Tract A of the survey is the proposed new Shakopee Public Utilities substation site. The Board of Adjustment & Appeals approved SPUC's Conditional Use Permit for this site and facility on July 9, 1998. The Board's ruling was appealed, and said Appeal is scheduled to be heard by the Council at tonight's meeting. A copy of the July 9, 1998, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Registered Land Survey submitted by Valley Green Business Park Limited Partnership, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Registered Land Survey, and approve subject to the revised conditions. 3. Do not approve the Registered Land Survey. 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 Registered Land Survey submitted by Valley Green Business Park Limited Partnership, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 4964, a Resolution Approving the Registered Land Survey submitted by Valley Green Business Park Limited Partnership, subject to conditions, and move its approval. e\coiundevkx\1998\cc0818\rIs-vgbp.doc RESOLUTION NO. 4964 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,APPROVING THE REGISTERED LAND SURVEY SUBMI'TT'ED BY VALLEY GREEN BUSINESS PARK LIMITED PARTNERSHIP WHEREAS, the Planning Commission of the City of Shakopee did review the Registered Land Survey submitted by Valley Green Business Park Limited Partnership on August 6th, 1998, and has recommended its approval; and WHEREAS, the property upon which the request is being made is legally described as follows: The East Half of the Southwest Quarter of Section 9, Township 115, Range 22, Scott County, Minnesota lying north of the north line of County Road Number 16,formerly County Road Number ll, and which lies southerly and westerly of Parcel 74, as shown on the Minnesota Department of Transportation Right of Way Plat No. 70-11, according to the recorded plat thereof Scott County,Minnesota. WHEREAS, all notices of the public hearing for the Registered Land Survey 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 Registered Land Survey submitted by Valley Green Business Park Limited Partnership is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the filing/recording of the Survey: 1. Approval of title by the City Attorney. B. The following conditions shall apply after the filing/recording of the Survey: 1. Tract A of the survey is allowed to be utilized in conformance with the approved site plan and Conditional Use Permit, City Resolution No. PC98-66. 2. Tract B of the survey is subject to Preliminary and Final Plat process prior to any future development. 3. Planning Commission hereby approves the applicant's and/or Shakopee Public Utilities ability to obtain building permits for Tract A only. Building permits for Tract B will not be allowed until said tract is platted. 4. Park Dedication Fees are not applicable for this survey. Park Dedication Fees shall apply to the future development of Tract B in amounts consistent with the City's adopted Fee Schedule. 5. The developer shall provide necessary easements, if or when requested by City. 6. Access for the two parcels will be allowed only from CSAH 16. Access permit for Tract B will not be issued until Scott County has reviewed the development proposal for said tract. Access for Tract B from CSAH 83 will not be allowed. Existing curb cut on the north side of CSAH 16 (approx. 350 ft. west of CSAH 16 & 83 intersection) may not be used for Tract B, and must be replaced with similar curb section at time of development. Permits will be required for each access onto CSAH 16, prior to filing, development or platting. 7. A storm water management plan and grading/erosion control plan must be submitted and approved by the City Engineer, prior to issuance of building permits. 8. Trunk storm water fees and trunk sanitary sewer fees must be paid, as required by the City's adopted fee schedule, prior to the issuance of building permits. 9. If subject site is platted in the future, drainage and utility easements shall be dedicated to the City along all lot lines, and as required by City Code, prior to the issuance of building permits. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to approve and accept said Registered Land Survey. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 • CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Request for Registered Land Survey Shakopee Public Utilities Substation Site MEETING DATE: August 6, 1998 Site Information: Applicant: Valley Green Business Park Location: Southwest corner of Highway 169 and County Road 83 Current Zoning: Highway Business(B-1)Zone Adjacent Zoning: North: Major Recreation(MR)Zone South: Agriculture(AG)Zone East: Highway Business(B-1)Zone West: Rural Residential(RR)Zone 1995 Comp.Plan: Future Urban Area MUSA: The site is not within the MUSA boundary. Attachments: Exhibit A: Area Identification Map Exhibit B: RLS Map of Subject Site Exhibit C: Applicant's Letter of Request Introduction: Shakopee Public Utilities Commission (SPUC) is purchasing a portion of property owned by Valley Green Business Park (VGBP) for a new substation site. The proposed location is at the southwest corner of Highway 169 and County Road 83 (Exhibit A). The Board of Adjustment & Appeals approved SPUC's Conditional Use Permit for this site and facility on July 9, 1998. The Board's ruling was appealed; the Appeal will be heard by the Council on August 4th. Discussion: The subject parcel is 12.644 acres in size; VGBP is selling the westerly 3.6 acres of the site for SPUC's use. VGBP has submitted a Registered Land Survey (RLS) to divide the property into two (2) separate tracts. "Tract A"consists of a 3.6 acre lot for the substation site, and "Tract B" consists of the remaining 9.044 acre lot which Valley Green will retain ownership for future development(Exhibit B). Considerations: 1. Section 12.09, Subd. 1 of the City Code requires that an RLS be submitted to the city in the same form as required of a preliminary plat. The RLS would then be required to be submitted with all associated drawings (grading, drainage, utility, construction, etc.) necessary with the submittal of a preliminary plat. VGBP requested that the proposed RLS for this parcel be allowed to be presented for review A fee (equal to the preliminary and final plat fee process, $342.00 and $250.00, respectively) in the total amount of$592.00 for the processing of this RLS shall be due and payable to the City of Shakopee. b) The following conditions shall apply after the filing/recording of the Survey: i) Tract A of the survey is allowed to be utilized in conformance with the approved site plan and Conditional Use Permit, Resolution No. PC98-66. ii) Tract B of the survey is subject to Preliminary and Final Plat process prior to any future development. iii) Planning Commission hereby approves the applicant's and/or Shakopee Public Utilities ability to obtain building permits for Tract A only. Building permits for Tract B will not be allowed until said tract is platted. iv) Park Dedication Fees are not applicable for this survey. Park Dedication Fees shall apply to the future development of Tract B in amounts consistent with the City's adopted Fee Schedule. v) The developer shall provide necessary easements, if or when requested by City. vi) Access for the two parcels will be allowed only from CSAR 16. Access permit for Tract B will not be issued until Scott County has reviewed the development proposal for said tract. Access for Tract B from CSAH 83 will not be allowed. Existing curb cut on the north side of CSAH 16 (approx. 350 ft. west of CSAH 16 & 83 intersection) may not be used for Tract B, and must be replaced with similar curb section at time of development. Permits will be required for each access onto CSAR 16, prior to filing,development or platting. vii) A storm water management plan and grading/erosion control plan must be submitted and approved by the City Engineer, prior to issuance of building permits. viii) Trunk storm water fees and trunk sanitary sewer fees must be paid, as required by the City's adopted fee schedule, prior to the issuance of building permits. ix) If subject site is platted in the future, drainage and utility easements shall be dedicated to the City along all lot lines, and as required by City Code, prior to the issuance of building permits. 2. Recommend to the City Council approval of the Registered Land Survey submitted by Valley Green Business Park with revised conditions; 3. Recommend to the City Council the denial of the Registered Land Survey submitted by Valley Green Business Park; 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, the approval of the Registered Land Survey submitted by Valley Green Business Park, with conditions. Action Requested: Offer a motion recommending to the City Council the approval of the Registered Land Survey submitted by Valley Green Business Park, with conditions. 1-1 Tim Benetti Planner I i:\conundev\boaa-p61998\0806\rls-vgbp.doc A fee (equal to the preliminary and final plat fee process, $342.00 and $250.00, respectively) in the total amount of$592.00 for the processing of this RLS shall be due and payable to the City of Shakopee. b) The following conditions shall apply after the filing/recording of the Survey: i) Tract A of the survey is allowed to be utilized in conformance with the approved site plan and Conditional Use Permit,Resolution No. PC98-66. ii) Tract B of the survey is subject to Preliminary and Final Plat process prior to any future development. iii) Planning Commission hereby approves the applicant's and/or Shakopee Public Utilities ability to obtain building permits for Tract A only. Building permits for Tract B will not be allowed until said tract is platted. iv) Park Dedication Fees are not applicable for this survey. Park Dedication Fees shall apply to the future development of Tract B in amounts consistent with the City's adopted Fee Schedule. v) The developer shall provide necessary easements, if or when requested by City. vi) Access for the two parcels will be allowed only from CSAH 16. Access permit for Tract B will not be issued until Scott County has reviewed the development proposal for said tract. Access for Tract B from CSAH 83 will not be allowed. Existing curb cut on the north side of CSAH 16 (approx. 350 ft. west of CSAR 16 & 83 intersection) may not be used for Tract B, and must be replaced with similar curb section at time of development. Permits will be required for each access onto CSAR 16, prior to filing,development or platting. vii) A storm water management plan and grading/erosion control plan must be submitted and approved by the City Engineer, prior to issuance of building permits. viii) Trunk storm water fees and trunk sanitary sewer fees must be paid, as required by the City's adopted fee schedule, prior to the issuance of building permits. ix) If subject site is platted in the future, drainage and utility easements shall be dedicated to the City along all lot lines, and as required by City Code, prior to the issuance of building permits. 2. Recommend to the City Council approval of the Registered Land Survey submitted by Valley Green Business Park with revised conditions; 3. Recommend to the City Council the denial of the Registered Land Survey submitted by Valley Green Business Park; 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, the approval of the Registered Land Survey submitted by Valley Green Business Park,with conditions. Action Reauested: Offer a motion recommending to the City Council the approval of the Registered Land Survey submitted by Valley Green Business Park, with conditions. Tim Benetti Planner I i:\commdev\boaa-p61998\0806\rls-vgbp.doc U l�J VA1998 1ev Tee punt. 2 5 BUSINESS PARK June 24, 1998 Ms. Julie Klima City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Re: Registered Land Survey Subdivision Shakopee Public Utilities Substation Site Dear Julie: Valley Green Business Park Limited Partnership has been approached by Shakopee Public Utilities requesting our consideration in selling a portion of a parcel of land owned by Valley Green located at the southwest quadrant of Hwy. 169 and C.R. 83. This site was determined by SPUC as one of the most efficient sites on which to locate a new substation to accommodate the electrical needs for the City of Shakopee as it grows. The site being considered is 12.644 acres, 3.6 acres of which SPU wishes to purchase and for which we have a contract with them. Valley Green Business Park has analyzed this site for its future subdivision in a very preliminary way, in contemplation of the MUSA expansion being proposed to accommodate development of this site in the future. We expect this site to be in review by the Planning Commission and City Council in the winter/ spring 1999 relative to a request for a full subdivision of the parcel. Shakopee Public Utilities' timing for their substation construction does not work with that schedule. We are, therefore, requesting the City process a Registered Land Survey to accommodate formal subdivision of the property to facilitate the sale of 3.6 acres to SPUC. Section 12.09, Subd. 1 of the City Code defines conditions required for the processing of a Registered Land Survey. This section specifically requires presentation of a requested RLS to the City in the form of a Preliminary Plat in accordance with the standards set forth in Chapter 12. To accommodate SPU's timing for development of this substation site,we respectfully request City Council's consideration for waiving the requirement of a submission in the form of a Preliminary Plat. That will allow the Registered Land Survey to be reviewed by the Planning Commission and City Council in its simplest form. No roadway dedications will be necessary because of the subdivision. However, if the City sees fit to require dedications of public drainage and utility easements surrounding these lots, in a size dictated appropriate, we can C.\Sba eTtojectslSPUC SubstationtRLS Proeess\t to llUima re initial steps for the RLS.doe _ r i ,:. L O, _,r� s' �.CC iIi:'^,.S_n sTa: L... ^n. .�'.__.r]L;�p:.•-�•�. !',�� '-- s: v ..• a:.-scr._tf3��cV fB�R.CCf' �•'1'•ice ... 1! _ � .. .. _� ,. • _ ... - EXHIBIT C I . . I i ; . . • REGISTERS) L.4#VD SYRWY AU. Scott County, Minnesota North line of the E 1/2 of the N SW 1/4 of Sec. 9, Twp. 115, Rge. 22 CQ N N wi , %. Fr O a _ t� N13 vt- ea c Li0 ti 2 A at O 0 . N d 3 `► NSpOItTATION tJENT OF TRO_11 i MINNESOTA DEWA T PST NO ' PARCEL 74. RIGNT-v o c N W N 85'07'25" E S 85'22.47" E E tI 0 2 N 81.0 1 �69�47� S : 2 V '.. .: 2 -- — ____ 2 ____ ._.– -- j p/: E fe�wnl y — �— „--'4 I _ N ..,%_••,. 189 Y,� — i - 64.5 p TR4CT A `..- `�'%��86 I — 2 _ .....•••••••• ........•`- .'�. " � 62.5' A. -r' T" ci.,;,.,. et!9tl -/s— AM H f NSP Ecsemenl Per 1 _ �-;, y 9 '� k Ctnlo�Yn`�JJ , �' I t 62.5 a. `�� .mo. "i. ,� . W --`"_ � 4`------ y 0 TAMCT B g . I j ';.62.5`' � -�'4 ��, •��-1 N 19S�S�• • ogsre ÷si: �• o ',• `04414 '� ill ' ,'8 p' Ih/ Nq 9,00. {/1 -9 r Qq � I :fhb c 4 �'.'b�,, y I. '")%., �►1 11404 43 \ "47114;i ••; -� I �ti 4*,8 8\ 1.1.1 N N • o Denotes 1/2 inch by 14 inch iron monument set and marked by Minnesota Registration No. 14890 • Denotes iron monument found 0 200 400 X i i PETERS, PRICE & SAMSON I ��J LAND SURVEYORS, LTD. Scale in Feet 12400 PRINCETON AVENUE SOUTH, SAVAGE, MINNESOTA 55378 612-890-9201 -74 ci-IFFY 7 /1F 9 CNFFTS IENISMAIS9 MND SURkEY No. Scott County, Minnesota Jill. 1 3 1998 I hereby certify that, in accordance with the provisions of Chapter 508. Minnesota Statutes of 1949, as omended, I hove surveyed the following described property in the County of Scott. State of Minnesota: The East Half of the Southwest Quarter of Section 9. Township 115, Range 22. Scott County. Minnesota lying north of the north line of County Road Number 16. formerly County Rood Number 11. and which lies southerly and westerly of Parcel 74, as shown on Minnesota Deportment of Tronsportotion Right of Way Plot No. 70-11. according to the recorded plot !hereof. Scott County. Minnesota. • I hereby certify that this Registered Land Survey is a correct delineation of said survey. Dated this day of i , 1998. Robert L. Peters. Land Surveyor Minnesota License No. 14890 PLANNING COMMISSION. CITY OF SHAKOPEE, MINNESOTA Approved by the Planning Commission of the City of Shakopee, Minnesota. this day of 1998. By: _ . its Chair CITY COUNCIL. CITY OF SHAKOPEE. MINNESOTA This Registered Land Survey was approved and accepted by the City Council of Shakopee. Minnesota. this day of , 1998. and the conditions of Minnesota Statutes. Section 505.03. Subdivision 2. hove been fulfilled. By: its Attest: ifs CITY ATTORNEY. CITY OF SHAKOPEE. MINNESOTA I hereby certify that I hove examined the Certificate of Title of this Registered Land Survey and hereby recommend for approval by the City Council. City Attorney IICity of Shakopee. Minnesota SCOTT COUNTY AUDITOR I hereby certify that there are no delinquent taxes for all years prior to 19 ..._... for the land described by this Registered Land Survey on this day of , 1998. Scott County Auditor SCOTT COUNTY TREASURER All current 19 taxes ore paid in full as of this day of 1998 Scott County Treasurer SCOTT COUNTY SURVEYOR I hereby certify that this Registered Land Survey hos been reviewed and approved this day of , 1998 Scott County Surveyor SCOTT.COUNTY REGISTRAR OF TITLES I hereby certify that this instrument was filed in the Office of the Registrar of Titles for record on this day of 1998. at o' clock, .M. , and duly recorded as Document No. - File Volume Poge Certificate Scott County Registrar of Titles I i PETERS, PRICE & SAMSON �.�J. LAND SURVEYORS, LTD. 12400 PRINCETON AVENUE SOUTH, SAVAGE, MINNESOTA 55378 612-890-9201 rn x = 0SHEET 1 OF 2 SHEETS tx, Iy. 0 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amended Preliminary/Final Plat for Crossroads Center 3rd Addition DATE: August 18, 1998 Discussion Oppidan Investments is requesting Amended Preliminary/Final Plat approval of Crossroads Center 3rd Addition. The subject site is located north of Highway 169 and south of Crossroads Center. A copy of the August 6, 1998, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Amended Preliminary/Final Plat of Crossroads Center 3rd Addition, subject to conditions recommended by the Planning Commission and staff 2. Revise the conditions of approval for the Amended Preliminary/Final Plat of Crossroads Center 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Amended Preliminary/Final Plat of Crossroads Center 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 Amended Preliminary/Final Plat of Crossroads Center 3rd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 4963, A Resolution Approving the Amended Preliminary/Final Plat of Crossroads Center 3rd Addition, subject to conditions, and move its approval. r lr� PZZ � Julie Klima Planner II i:\commdev\cc\1998\cd1R 1 8\pfperds3.do RESOLUTION NO. 4963 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE AMENDED PRELIMINARY/FINAL PLAT OF CROSSROADS CENTER 3RD ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Amended Preliminary/Final Plat for Crossroads Center 3rd Addition on August 6, 1998, and has recommended its approval; and WHEREAS, the property upon which the request is being made is legally described as: That part of Parcel 57B and Parcel 58 on MINNESOTA DEPARTMENT OF TRANSPORTA TION RIGHT OF WAY PLAT NO. 70-5, Scott County, Minnesota, described as follows: Beginning at Point B501 al the northwest corner of said Parcel 57B; thence North 89 degrees 42 minutes 59 seconds East, assumed hearing, along the north line of said Parcels 57B and 58, a distance of 1050.5/feel; thence South 67 degrees 37 minutes 14 seconds West, 1134.31 feel, to the west line of said Parcel 57B; thence North 00 degrees 13 minutes 04 seconds West, 426.68 feel, to the point of beginning and there terminating; 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 Amended Preliminary/Final Plat for Crossroads Center 3rd Addition is hereby approved subject to the following conditions: A. Prior to review by the City Council, the City Council must take action on the application for rezoning of property associated with this development. 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) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) The applicant shall enter into an agreement regarding Park Dedication payments. Park dedication payment shall be made in the amount of$4,500 per acre. Park dedication payments shall be paid prior to the recording of the Final Plat. d) The applicant shall provide a landscaping bond in the amount equal to 115% of the value of the landscaping to ensure compliance with Section 11.60 of the City Code during the first year after planting. 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 developer shall provide easements, as required by City Code. 5. Trunk stormwater charges shall be paid, as required by the City's adopted fee schedule, prior to issuance of any building permits. 6. A landscaping plan shall be submitted and reviewed by the Community Development Director to ensure compliance with landscaping standards. The landscaping plan for the site shall also be in conformance with the landscape requirements approved with the retail center conditional use permit for the site. 7. A stormwater management plan must be submitted and approved by the City Engineer, prior to the issuance of any building permits. If the downstream systems are not adequate, ponding will be required on-site. 8. All lots must be part of the C.I.C. which includes Crossroads Center and Crossroads Center 2nd Addition. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Preliminary of Crossroads Center and the Final Plat for Crossroads Center 3rd Addition DATE: August 6, 1998 Site Information: Applicant: Oppidan Investments Location: South of Vierling Drive and west of County Road 17 Current Zoning: Agricultural Preservation(AG)-Pending Application for Rezoning to Highway Business(B 1)Zone Adjacent Zoning: North: Medium Density Residential/Highway Business (R2/B1) South: Highway 169 East: Highway Business (B1) West: Urban Residential/Medium Density Residential (R-1B/R2) Comp. Plan: 1995: Commercial Area: 24.83 acres in Original Preliminary Plat 5.15 acres proposed for addition into the Preliminary Plat and Final Plat of Crossroads Center 3rd Addition MUSA: The site is within the MUSA. Introduction Oppidan Investments is requesting approval of an amended Preliminary Plat for Crossroads Center and the Final Plat for Crossroads Center 3rd Addition. The subject site is located south of Vierling Drive and west of County Road 17(Please see Exhibit A). Considerations The original Preliminary Plat for Crossroads Center was approved by the City Council on May 20, 1997. The amended Preliminary Plat proposes the addition of 5.15 acres to the plat. The property proposed for inclusion is south of the existing plat and north of Highway 169. The parcel was previously excess MnDOT right-of-way for Highway 169 that has been sold to the applicant. The applicant has informed staff of their intent to make application to amend their Retail Center Conditional Use Permit(CUP)to include the additional property. The amended Preliminary Plat has been attached as Exhibit B and the Final Plat for Crossroads Center 3rd Addition has been attached as Exhibit C. The Engineering Department has reviewed the submittal materials and has provided its comments. Staff has incorporated these recommendations into the conditions of approval for the Final Plat. With the original Preliminary Plat,Final Plat, and Crossroads Center 2nd Addition Final Plat, the applicant requested and was granted several variations. However, the applicant is not requesting any variations as part of the amended Preliminary Plat or Final Plat of Crossroads 3rd Addition.. Access to these parcels will be provided through cross-easements with other parcels in the plat. This will need to be addressed as part of the amendment to the CUP for the site. Section 11.60, Subd. 8 of the City Code states "The City shall require submission of a landscaping bond in an amount equal to 115% of the value of the landscaping to ensure compliance with this section during the first year after planting". A condition requiring compliance with this provision has been incorporated into the recommended conditions of approval. The Fire Department has noted that"all buildings must meet Shakopee Fire Department requirements for sprinkler connection to hydrant distance". Alternatives 1. Recommend to the City Council approval of the amendment to the Preliminary Plat of Crossroads Center and the Final Plat of Crossroads Center 3rd Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the amended Preliminary Plat and the Final Plat of Crossroads Center 3rd Addition, subject to the revised conditions. 3. Recommend to the City Council the denial of the amended Preliminary Plat and the Final Plat of Crossroads Center 3rd Addition, 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, to recommend to the City Council approval of the Preliminary Plat of Crossroads Center and the Final Plat of Crossroads Center 3rd Addition, subject to the following conditions: a) Prior to review by the City Council, the City Council must take action on the application for rezoning of property associated with this development. b) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) The applicant shall enter into an agreement regarding Park Dedication payments. Park dedication payment shall be made in the amount of$4,500 per acre. Park dedication payments shall be paid prior to the recording of the Final Plat. f) The applicant shall provide a landscaping bond in the amount equal to 115% of the value of the landscaping to ensure compliance with Section 11.60 of the City Code during the first year after planting. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. iv) The developer shall provide easements, as required by City Code. v) Trunk stormwater charges shall be paid, as required by the City's adopted fee schedule, prior to issuance of any building permits. vi) A landscaping plan shall be submitted and reviewed by the Community Development Director to ensure compliance with landscaping standards. The landscaping plan for the site shall also be in conformance with the landscape requirements approved with the retail center conditional use permit for the site. vii) A stormwater management plan must be submitted and approved by the City Engineer, prior to the issuance of any building permits. If the downstream systems are not adequate, ponding will be required on-site. viii) All lots must be part of the C.I.C. which includes Crossroads Center and Crossroads Center 2nd Addition. ix) Because the plat abuts Trunk Highway 169, the Minnesota Department of Transportation (MnDOT) must approve the plat. The applicant is responsible for obtaining any permits required by MnDOT, which may require the applicant to submit additional information to MnDOT. Action Requested Offer a motion to recommend to the City Council the approval of the amended Preliminary Plat of Crossroads Center and the Final Plat for Crossroads Center 3rd Addition, subject to conditions and move its approval. 1 lie Klima tanner II i:\commdev\boaa-pct1998\0806\pfcrsrd3.dac Boltz.Dig®9 04 wig ,� 1 ..7-.,4,...1....0,,..7.--- F f \3 _ _ =tv , - .� I _ - ,,Y ��"'. «ITA �=''�-'_ 741111 3/411311-411,41 • _ EXHIB -�-=2 r _ ..r AMP alien.. i i ` ._ '� " _ -lip ------ i . 4,2. _. . , .�_ .._.. ELttIJILii11 ' 11 r • ' ��_�, rr .«�:::___,...... ..... ... . "-::---:-.7,447_ s--.7-..--.....-.--.....:_::- M .....,.,•=.,; = •_ 'i min. ^_.. _• a A� � - ---- ' Ilikl." -I-f....AIWA' • ' -:p. -411111_ = w� = lama.. _•_..,,,....„,,,:........„,• .....,...__ ii. MI MINI VIM Ilil=7- �IIIIIII■. _ ,� eh . Irial ,. s ®! Ute. �!• o '- . 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IVV. 1 / 1 NN / 1 IYe0 , CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Residential Uses in the B-1 (Highway Business) District MEETING DATE: August 18, 1998 ITEM NO.: 14.D INTRODUCTION: Staff received a request from the Council to prepare and process an amendment to the regulations for the B-1 District to allow residential uses in conjunction with other permitted uses like in the B-3 District. DISCUSSION/PLANNING COMMISSION RECOMMENDATION: The language reviewed by the Planning Commission at its meeting of August 6, 1998 is attached as Ordinance No. 525. The Commission voted 7-0 to recommend to the Council that it direct staff to develop and bring back to the Commission for review alternatives that I) would make the use a conditional use (CUP) confined to the 101/CSAH 69 corridor, or 2) would create a separate zoning district for the 101/CSAR 69 corridor. ALTERNATIVES: 1. Approve the proposed amendment as presented. 2. Approve the proposed amendment with revisions. 3. Direct staff to prepare amendments as recommended by the Planning Commission and placed them on for consideration by the Commission at the next available meeting. 4. Table the matter for additional information. ACTION REQUESTED: Direction from the Council in the form of a motion r arding a proposed amendment is requested. / R. Michael Leek Community Development Director ORDINANCE NO. 525, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1), SUBD. 2 (PERMITTED USES) BY ADDING ITEM I. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.36. HIGHWAY BUSINESS ZONE (B-1), Subd. 2. Permitted Uses is hereby amended by adding new Item I, which reads as follows: I. dwellings when combined with another, permitted use. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular 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 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Residential Uses in the B-1 (Highway Business)District MEETING DATE: August 6, 1998 ITEM NO.: q INTRODUCTION: The CSAR 69/101 corridor is currently zoned B-1. Some of these properties, like those in the B-3 (Central Business) District have residential units associated with them. Staff has received a request from the Council to amend the regulations for the B-1 District to allow such uses as they are allowed in the B-3 District. DISCUSSION: The B-3 District was created to allow greater flexibility for an area of the City that developed under different circumstances. Among other things, many buildings were constructed with second-story dwelling units. As a result one of the areas of flexibility of the B-3 District is that"dwellings" are permitted"when combined with another permitted uses." It is this provision, in fact, that allows the combination of uses that will occupy the River City Centre project. The Council has previously indicated that they perceive the CSAH 69/101 corridor to more similar to the B-3 district than other, newer B-1 commercial areas. One of the ways it is apparently similar is that there are commercial buildings with dwelling units. Under the current B-1 regulations, such uses are considered legal, non-conforming, and may not be enlarged or expanded. In order to allow such uses, the following language would be added to the B-1 District section of the ordinance: I. dwellings when combined with another, permitted use: The proposed amendment would apply to all B-i areas within the City, not just the CSAH 69/101 corridor. ALTERNATIVES: 1. Recommend the proposed amendment as presented to the City Council. 2. Recommend the proposed amendment, with revisions, to the City Council. 3. Do not recommend any proposed amendment to the City Council. 4. Table the matter for additional information. ACTION REQUESTED: Direction from the Commission, in the form of a motion, regarding a proposed amendment is requested. R. Michael Leek Community Development Director § 11.36 SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1). Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses: A. motels and hotels; B. restaurants, class I; •• C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor, I. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, page remised n 1996 1171 § 11.36 replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L car washes; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; Q. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; or U. retail centers; or V. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: oh Q minimum lot area: (new lots): 4 -acres �&d•#4< �{°"' ver Aes� +ae (existing lots): 8,000 square feet maximum floor area ratio: .50 pepsrewss°n 1996 1172 § 11.37 B. Maximum impervious surface percentage: 75% C. Lot specifications: minimum lot width: (new lots): 100 feet (existing lots): 60 feet minimum front yard setback: 30 feet •• minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984;Ord. 158,January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292,September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994; Ord. 434, November 30, 1995) SEC. 11.37. Reserved. ppe mimed m 1996 1173 § 11.40 SEC. 11.40. CENTRAL BUSINESS ZONE (B-3). Subd. 1. Purpose. The purpose of the central business zone is to provide a zone which accommodates the unique character of the central business area in terms of land uses and development patterns. Subd. 2. Permitted Uses. Within the central business zone, no structure or land shall be used except for one or more of the following uses: A. retail establishments; B. public buildings; C. medical or dental clinics; D. utility services; E. dwellings when combined with another permitted use; F. restaurants, class I; G. administrative, executive and professional offices; H. financial institutions; or I. hotels. Subd. 3. Conditional Uses. Within the central business zone, no structure or land shall be used for the following uses except by conditional use permit A. commercial recreation, minor, B. restaurants, class II; C. theaters; D. • bus terminals and taxi stands; E. multiple-family dwellings; F. printing or publishing facilities; G. private lodges and clubs; H. parking facilities open to the public; i. animal hospitals and veterinary clinics; J. taverns; p.qe nvis.d in 1995 1191 4 11.40 K. gas stations; L. uses having a drive-up or drive-through window; M. bed and breakfast inns; N. funeral homes; 0. utility service structures; P. day care facilities; Q. relocated structures; R. structures over 45 feet in height; S. developments containing more than one principal structure per lot; or T. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the central business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. private garages or off-street parking; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the central business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: 3,000 square feet maximum floor area ratio: 4.0 B. Maximum impervious surface percentage: 100% C. Lot specifications: minimum lot width: 20 feet ppo nlviiid in 1993 1192 § 11.41 minimum front yard setback: 0 feet minimum side yard setback 0 feet minimum rear yard setback 0 feet D. Maximum height 45 feet without a conditional use permit. (Ord. 31. October 25, 1979; Ord. 96. November 11. 1982; Ord. 117, April 28, 1983; Ord. 159. February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 377, July 7, 1994) SEC. 11.41. Reserved. pogo nvsw in 1995 1193 15 . 13 . 1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews SUBJECT: Zefere and Doreen Lusignan Appeal of BOAA's Decision Regarding Conditional Use Permit for Shakopee Public Utility Commission Electric Substation. MEETING DATE: August 18, 1998 INTRODUCTION: At its July 9th, 1998 meeting, the Board of Adjustment and Appeals voted 6-0 on a motion to approve a Conditional Use Permit to allow an electric substation and over-height fencing with findings and conditions as proposed by staff On July 20, 1998, staff received an Appeal application and letter from Mr. and Mrs. Lusignan. On August 4, 1998 the City Council heard the Appeal of the Lusignans and tabled the item to the August 18th meeting. Staff has not received any additional information from the Lusignans at this time. ACTION REQUESTED: Make a motion to either deny the Appeal request upholding the Board of Adjustment and Appeals decision or approve the Appeal request(with revised findings)over-turning the Board's decision and direct staff to draft a resolution consistent with that determination. Jared D. Andrews Planner I 7�/!'y /oar Edina Realty. `S , b, Realty Home Services, a complete real estate services company cadki- Z GCSlcyh�� August 4, 1998 To Whom It May Concern RE: 3650 Eagle Creek Boulevard, Shakopee I, as a real estate agent working in the Shakopee area, feel that the property value of 3650 Eagle Creek Boulevard, Shakopee, will be adversely affected by putting a substation in the proposed location. It is a published fact that these stations produce cancer causing agents which will certainly reduce the value to the current homeowner or any prospective purchaser in the future. Si cerely, r Betsy B wn Theis BBT:dh SHAKOPEE OFFICE 327 S. Marschall Rd. Suite 300 Shakopee, MN 55379 PHONE 612 445 6400 FAX 612.445.8252 eeley_eei .1"," (, / ;$4" f40 .ds%e.4d r • V i /7z0W-arZ ;e/z/z.e.:‘,6 �o >K-ee,L. jec-d-1,7 Z2A- 2;<t :/ 21LeZ Ce'e-Ae /2,e 6L. i2 .532 DAVE BROWN REALTORS REALTOR MULTIPLE LISTING SERVICE 287 S. Marschall Rd., Suite 206 MLS EQUAL HOUSING OPPORTUNITY Shakopee, Minnesota 55379 Residential and Commercial Sales (612) 445-8155 August 13, 1998 Mr. Zefere Lusignan 3650 Eagle Creek Blvd. Shakopee, MN. 55379 Dear Mr. Lusignan, At your request I have viewed the potential site for a power substation north of your property. In my opinion, the power station will have a negative impact on the value of your property. If you have any questions, please call me. Sincerely, • Dave Brown DB/kv • RE: Dean Lake Substation - CUP Appeal, Background Info DATE: 8/18/98 General Review of Site Search: 12/96 Utilities Commission motion to accept proposal from R.W. Beck for update of 1992 system planning study The electric system long term needs study was started at the end of 1996 (after the South Substation construction contracts were let) . The needs study included a substation site search when it was seen that one was needed for growth. 1/97 no reports or SPUC action referring to planning study, through or substation siting 9/97 10/97 Electric system long term needs study tabled to the Nov meeting due to long agenda 11/97 Kevin Favero reports on his preliminary Electric System Long Term Needs study 12/97 Seagate inquiry on a site in Shakopee reported to Utilities Commission 1/98 Seagate status and items needing discussion for the Electric System Long Term Needs study were noted 2/98 Kevin Favero presents and discusses his preliminary site report. SPUC's consultant, Kevin Favero of R.W. Beck, considered several different alternates, and determined that a site at C.R. 83 and C.R. 16 was the best one. Jon Albinson (who was aware of the site search since he regularly attends SPUC meetings) sent a letter indicating his company would oppose selling the property north of C.R. 16 and suggested that SPUC look for a site south of C.R. 16. 3/98 Kevin Favero further discusses his preliminary site report with the Commission. A person knowledgeable in real estate was contacted to advise SPUC about land costs and other considerations on any sites being considered. 4/98 Kevin Favero presents his report on specific sites within the Alternative #7 area. The search for a specific site south of C.R. 16 had produced a site with several negatives. Some of those negatives were: - the site appeared to be near several existing residences - the site required new transmission lines crossing over one house, the Lusignan's house, meaning that house would probably have to be removed. SPUC was advised that it was known that the owners of that house had a strong wish to remain in their house the rest of their life. The search for sites south side of C.R. 16 was ended due to the various negative factors. SPUC concluded that the best site was on Valley Green's commercial property - the site first recommended by Kevin Favero north of C.R. 16 - despite Mr. Albinson's indication that Valley Green did not prefer it there. At that point Jon Albinson indicated that Valley Green would negotiate on a site on the northwest corner of his property. 5/98 Discussion on getting an option on the specific site selected. 6/98 Utilities Commission motion to move forward with the option on the specific site. R.W. Beck contacted to process the necessary permits, environmental work, etc. 7/98 Utilities Commission motion to ask city to expedite the process. Approval of Conditional Use Permit (CUP) by the City of Shakopee Board of Adjustment and Appeals. Appeal of CUP to City Council. 8/98 Utilities Commission advised of the CUP approval and of the subsequent appeal to the City Council. Summary: a) SPUC wanted to locate the substation away from residences, if reasonably possible. b) The present site is within the site designated as alternative #7, is being acquired without litigation, at a fair price set by outside appraisers. c) The transmission lines now proposed would be short, would be built further away from the house than the existing transmission lines, and would be going in a direction away from the house. Conclusion: SPUC's process has been objective and fair, Kevin Favero's reports are objective and fair. The Shakopee Board of Adjustment and Appeals (BOAA) did approve the CUP after thorough discussion of the matter, and the CUP should not be overturned. ',�z..s Lr ,¢; • • SECTION 1 • capacity to be able to more efficiently serve forecast load growth through 1999 and to provide adequate capacity to serve forecast load growth after 1999. DEVELOPMENT ALTERNATIVES The locations of the main substation transformer capacity additions for the various facility development alternatives are summarized in the following table. } ++ { Y Y } ':'"9 t• + •},l ;ff 'Y y+.+ ?4:' 'Y!'rf f f , f•F'`Y r y. i'`.. y�`'/• r� {}.•:• f/ ,•/'`j /. {' fy Iii•' ` .%f•,;: ;� r3r�f f! �.r• ':� � i�y y�+`• 'Jw �"` {;. � -::{.c:?•.fff .... r�f..:. I rYfr {`/N.,•? , {� If' f �/'i{:`.f.,{•:: { ::;" �� •;fY'{...{: ;.r.�f+�.f • �,' .'{f•+• {'.t" yr}. ?r:,,r�',:,3.' +"' }'�{ :ii/ f W0 ..:•::'•: `2 } 'NW - •• ..iPYyrr#.{ r'�S,ti•s,.:}.f+ /!r',/.4, j';yf% f�Y. : �� te" -:a• X� .•M.S� �:/ .'r}k..M}fi:1{l�i,:•:{4 '•' i/.+i. ,� ,: � `f yC�`fi. :f? Alternative 1 Blue Lake Subst Remove two existing 25 mva transformers Install two new 47 mva transformers Alternative 2 Blue Lake Subst. Install new 28 mva transformer Alternative 3 Blue West Subst * Install 28 mva transformer in new substation 'Alternative 4 Columbia Subst * Install 28 mva transformer in new substation Alternative 5 Muhlenhardt Subst * Install 28 mva transformer in new substation Alternative 6 McKenna Subst * Install 28 mva transformer in new substation Alternative 7 Canterbury Subst * Install 28 mva transformer in new substation Alternative 8 Blue South Subst * Install 28 mva transformer in new substation Alternative 9 Valley Park Subst * Install five new 5 mva transformers in new substation served from a 35 kV source All transformers are served from a 115 kV source except the multiple transformers under Alternative 9 which are served by a 35 kV source. * Represents a new substation. The location of proposed new substations is described in Section 5 of this report FACILITY COSTS AND COST OF LOSSES The estimated carrying costs (facility costs) and cost of losses associated with the various alternative listed above are summarized in the following table. A more detailed discussion of these costs is provided in Section 5. B1266 Prelindnary Draft R.W. Beck,Inc. 1-4 • • 0 O- k Q 3 Q O 2S i co— OJ Of 1b i I 1r Coco 4 lu$H 1 11 N 11 . • I Da xanea�Ntlo ,_ -__' • Mill £13 avow uNno3 71 I ;V\ _ 1 ,1 1 / _= 1 �/ °Wi„,) 11 I � 1 ius 1 N I 1 r/ _�' 7 .o,3 I `�� - W 1111: I < 1 �w�2; ��. 0..,,:,,i, 11:111:6.: 1111 I Z / /, . _�i� 1111 llll : . � I � .. ��:7!iir �� . • kicic—ic' /411 '�' o 1111: x; e anti d'o .`” ; t G, x • �4 ; . � at z I - .r -.-. > _ t :S"x �a g M+ K � 4-{ i, T,P z.▪ ', a ...tx.t x r- Y 4 v - ' i..a.A .4 , ;.;, A ,;;=.-4'..,t1,4-4,.,•--;-. ti ta-, -4 .5' , # "L :'�" • 4»r • '- ax r� � yI n r ta,,,• E ' ''-- 5 - b.- w .z , �` • «: i'''',... Ir ` • • - i, 15rzv F-+'ris'. t , -- 3, t , c Y .ss' F _ �^ • .ri :l''''..' , �.ax. t-1.7.'-"#:•,..--' . .a-r ' u,"-,-x.. ,-'`._ x-; ssss-s+ iaQiccsar-▪ - ,_-_-:---•-,7---...,"'-'a.7,. ,_-_....."..._r_...:,-..,,.-- lc z CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Planned Unit Development Ordinance Summary DATE: August 18, 1998 DISCUSSION On July 21, 1998, the City Council adopted Ordinance No. 521. This ordinance approved revisions to the Planned Unit Development (PUD) Overlay District. Due to the length of the text of Ordinance No. 521, staff has prepared an ordinance summary. Please find attached Ordinance No. 523 which provides a summary of the information contained within Ordinance No. 521. ALTERNATIVES 1. Approve Ordinance No. 523, as proposed. 2. Approve Ordinance No. 523, with revisions. 3. Deny Ordinance No. 523. 4. Table the matter for further information. STAFF RECOMMENDATION Staff recommends the approval of Ordinance No. 523, as proposed (Alternative No. 1). ACTION REQUESTED Offer a motion to approve Ordinance No. 523, and move its adoption. J lie Klima Planner II is\cornmdev\cc\I 998\ord522.doc ORDINANCE NO. 523, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, PROVIDING AN ORDINANCE SUMMARY FOR ORDINANCE NO. 521 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, was amended by replacing it in its entirety with the regulations set forth in Ordinance No. 521. Section 2 - That the following provides a summary of the information contained in Ordinance No. 521; Subd. 1 sets forth the purpose statement for the Planned Unit Development District; Subd. 2 states that Planned Unit Development's may be established in any zoning district, and requires contiguous parcels in unitary ownership be included in the Planned Unit Development; Subd. 3 describes the types of uses allowed within a Planned Unit Development District; Subd. 4 outlines design standards for the district, including open space, density, and variations. At least 15% of a Planned Unit Development Project area must be in open space. Density increases may be granted if 1)open space provided equals or exceeds 30% of the project area, or 2) 30% of the project area is subject to geologic and/or topographic features that unduly restrict development; Subd. 5 specifies the criteria that must be satisfied to grant approval of a Planned Unit Development District; and Subd. 6 describes the application/approval process for Planned Unit Developments, which includes a public hearing requirement. Section 3 - 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 IS. 6:3 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews SUBJECT: Kieffer& Co. (for Cub Foods) Appeal of BOAA's Decision regarding square footage for wall signs. MEETING DATE: August 18, 1998 ATTACHMENTS: Attachment A: August 6, 1998 memo to BOAA Attachment B: Appeal letter and Application INTRODUCTION: At its August 6th, 1998 meeting, the Board of Adjustment and Appeals voted 6-0 on a motion to deny the variance request with findings as proposed by staff. On August 12, 1998, staff received an Appeal application and letter from Kieffer& Co., Inc. A copy of the Appeal request is attached for reference as well as the staff report to the Board of Adjustment and Appeals. ACTION REQUESTED: Make a motion to either deny the Appeal request upholding the Board of Adjustment and Appeals decision or approve the Appeal request over-turning the Board's decision and direct staff to draft a resolution consistent with that determination. Jared D. Andrews Planner I • ATTACHMENT A CITY OF SHAKOPEE Memorandum TO: Board of Adjustments and Appeals FROM: Jared Andrews, Planner I SUBJECT: Variance to the maximum sign area on a building. DATE: August 6, 1998 SITE INFORMATION Applicant: Keiffer& Co. (for Cub Foods) Location: Crossroads Center(Southwest of Vierling and Marschall Rd.) Current Zoning: Highway Business (B-1) Adjacent Zoning: North: Highway Business (B-1) South: Agriculture (AG) East: Highway Business (B-1) West: Medium Density Residential (R-2) Northwest: Urban Residential Zone (R-1B) Comp. Plan: Commercial Attachments: Exhibit A, Location Map Exhibit B, Letter of Intent Exhibit C, Site Plans INTRODUCTION Keiffer& Company, Inc. has applied for a 474 square foot variance to the 200 square foot maximum, to allow for a 674 square foot sign on the front of the building; and a 90 square foot variance to the 100 square foot maximum, to allow for a 190 square foot sign on the side of the building. The signs are proposed to be located on the east and north sides of the new Cub Foods building which is being constructed in Crossroads Center at Vierling Drive and Marschall Road. The signs are proposed to be internally illuminated. • CONSIDERATIONS Sec. 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 findings on each criterion. The Board of Adjustments and Appeals may use or modify these 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 1.A. The property can be put to a reasonable use if forced to comply with sign area requirements. The 200 square foot maximum sign limitation for the front of the building, and the 100 square foot limitation for the side, do not prevent the owner from reasonable use of the property. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.B. The plight of the landowner is not due to circumstances unique to the property. To the contrary, the property was platted specifically for the proposed use and the topography of the property is very similar to that of other properties in the area. 1.C. The circumstances were not created by the landowner; Finding 1.C. Any possible hardship circumstances were created by the landowner in that the property was platted and graded for the proposed use. However, no circumstances are found to warrant such variance. 1.D. The variance, if granted, will not alter the essential character of the locality; and Finding 1.D. The variance, if granted, could lead to similar variances for similarly situated businesses. Such over-sized signs could alter the essential character of the locality. 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, but directly relate to the economics of this particular business. Reasonable use of this property exists under the terms of the ordinance. • 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 It has not been demonstrated that the variance, as requested, would be in keeping with the spirit and intent of Chapter 11. A variance of this magnitude and the lack of undue hardship associated with this request would undermine the spirit and intent of Chapter 11. Criterion 3 The request is not for a use variance. Finding 3 A variance to sign area is not a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustments and Appeals will insure compliance to protect the adjacent properties. Finding 4 Not applicable if the application does not meet all of 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 because the property is not within the flood plain overlay zone. ALTERNATIVES 1. Approve Resolution No. PC98-72 denying the variance with findings as recommended by staff. 2. Approve Resolution No. PC98-72 denying the variance with revised findings. 3. Deny Resolution No. PC98-72 with revised findings and direct staff to draft a resolution of approval, granting a 474 square foot variance to the 200 square foot maximum, to allow for a 674 square foot sign on the front of the building; and a 90 square foot variance to the 100 square foot maximum, to allow for a 190 square foot sign on the side of the building. 4. Table the decision for additional information. STAFF RECOMMENDATION Staff finds that this application for variance does not comply with Criterion 1A, 1B, 1D, lE and Criterion 2. Therefore, staff is recommending Alternative No. 1, approval of Resolution No. PC98-72, a resolution denying the variance to the maximum sign area within the Highway Business (B-1)Zone. • ACTION REQUESTED Offer approval of Variance Resolution No. PC98-72, a resolution denying a 474 square foot variance to the 200 square foot maximum, to allow for a 674 square foot sign on the front of the building; and denying a 90 square foot variance to the 100 square foot maximum, to allow for a 190 square foot sign on the side of the building. red Andrews Planner I S • VARIANCE RESOLUTION NO. PC98-72 A RESOLUTION TO THE CITY OF SHAKOPEE, MINNESOTA, DENYING A 474 SQUARE FOOT VARIANCE TO THE 200 SQUARE FOOT MAXIMUM FOR A 674 SQUARE FOOT SIGN ON THE FRONT OF THE BUILDING; AND DENYING A 90 SQUARE FOOT VARIANCE TO THE 100 SQUARE FOOT MAXIMUM FOR A 190 SQUARE FOOT SIGN ON THE SIDE OF THE BUILDING. WHEREAS, Kieffer& Company Inc., applicant, and Oppidan Investment Company, owner, have filed an application received July 15, 1998, for a variance under the provisions of Chapter 11, Land Use Regulation (Zoning), of the City of Shakopee City Code, Section 11.70, Subd. 10.A. for a 674 square foot sign on the front of the building and a 190 square foot sign on the north side of the building in the Highway Business (B-1)Zone; and WHEREAS, this parcel is presently zoned Highway Business; and WHEREAS, the property upon which the request is being made is legally described as: Lot 4, Block 1, Crossroads Center WHEREAS, notice was provided and on August 6, 1998, the Board of Adjustments 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 ADJUSTMENTS AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Variance Resolution No. PC98-72 is hereby DENIED, based on the following findings with respect to City Code Section 11.89, Subd. 2, "Criteria for Granting Variances." • 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 forced to comply with sign area requirements. The 200 square foot maximum sign limitation for the front of the building, and the 100 square foot limitation for the side, do not prevent the owner from reasonable use of the property. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding I.B. The plight of the landowner is not due to circumstances unique to the property. To the contrary, the property was platted specifically for the proposed use and the topography of the property is very similar to that of other properties in the area. 1.D. The variance, if granted, will not alter the essential character of the locality; and Finding I.D. The variance, if granted, could lead to similar variances for similarly situated businesses. Such over-sized signs could alter the essential character of the locality. 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, but directly relate to the economics of this particular business. Reasonable use of this property exists under the terms of the ordinance. • 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 It has not been demonstrated that the variance, as requested, would be in keeping with the spirit and intent of Chapter 11. A variance of this magnitude and the lack of undue hardship associated with this request would undermine the spirit and intent of Chapter 11. Adopted by the Board of Adjustments and Appeals of the City of Shakopee, Minnesota this 6th day of August, 1998 Chair of the Board of Adjustments and Appeals ATTEST: Community Development Director . WI'111111 . trill IR BIM ME MUM IIEIM., , vjk . , ElltanEOMomMI� INN ON= MIS ®�--�m m11 -,ei a . te a ammo &l -- I= MIME, 11121111111:111/1121=.: 4E1 1 MEI .MIa MIME MI® aoa® rim mum ate® 1111 omiK MImMIMI a'aMIMawEFI . E W � MOBKIM i ummew WM In ENV Maw ,ma l ®E illpII® MOWI1 =ME-, _ I MOW ROW MIME Il=i MIEN i ®® ti MICR.i F Reis 111 IMEI�► 1 Ion ��, u�Scomw © 7... a. �,��1�1! � i ��'��►`��-MIME®®®®' '�pr�� ®F�� SHAKOPEE n�•��fJ�� r lliik 2nIti 17,b114,1"tVA*101Imar__Alm gAiklb1),1041 scv`m .,. 'Ililtillirlik ifir* weeser ram„,,.. ..,2r,,,,,„,111 _�ei. SCENIC HEIGHTS maga PNtl 1113"1 I/ ” 1.21%®®crow r®» - -i,�pr®®®�A1111170 V0*��i N ' ® © 4141kt . . -' R3 cMB :illilbMEI lorea® p ® > ©+4 r 1i©i 1 �7gliii oa 41/o S ve , `-i QITLQT it/1i*. I®A! •ei ®11111E21111 ©100 '4 ewkilt Bi/,/0 2 �■� ctii ig! SI" ate', 1s' ® a® ♦S � ® e g: oe g,4 'in Its : �� Q ' � •woe o4• 1:� 0 B''� . s Nan v©,a►o nwl eles. ®pew 0 *j*%, .��%. Nr AriT� auam v ii 400. A I i i 1 h mwiliiiiiikil I 1 I B 11u::Ii:cc:i ii��!��:i E�u��Iti rt till Wit die Ng is _____.......-dik-ilw.„.........--- I. .--- 1 - _ AG t . .END i 4 i. ( Underlying Zones AG Agriculture RR Rural Residential R1A Low Density Residential _ _._ _.` __ �_ - - ..-_-_.__SO RIB Urban Residential GRAPHIC SCALE 1 R1C Old Shakopee Residential I R2 Medium Density Residential BOO o 400 500 'Boo R3 Multiple Family Residential ___,______-_ Highway Business . I B2 ( Office Business u ` - ( IN FEET ) - FT—I Central Business 1 inch = 800 ft. 1 111 I Light Industrial 112 I Heavy Industrial - , . .. _ _ _Ammo j MR I Major Recreation Overlay Zones _. 1—S-IShoreland 1--F-{Floodplain District ,. ._.., r AMining Overlay _ _._.-� -_.... PUD Overlay „ 0 0 **4' • 1 A . ( eA 4 # IP' V* ,. 48 ., ,,134 Is, It ilit. j fre itf ' JUL-15-98 14:45 FROM-KIEFFER & CO., INC. 847-520-1543 T-943 P.02/02 F-545 Exhibit B Kieff ��ECTR,C Su r. July 16. 1998 City of Shaicopee 129 South iolmes Street Shakopee, MN 55379 ATTENTION: Jared Andrews REGARDING: Cub Foods 1198 Vierling Drive Shakopee, MN Dear Mr. Andrews; Our request for a variance has suddenly changed regarding the signage for Cub Foods located at 1198 Vieririg Drive. Dennis Crowe from Oppidan Investment Company requested that the pylon and monument variance be put on hold due to some recent developments on his end. Please accept this letter at; a request to change our variance request. We are no longer applying for a variance to increase the height of our pylon, or to add an additional free-standing monument sign. An application for a pylon will be submitted at a future date. We are applying to ricrease our storefront signage to a total of 674 sqft, 474 sqft more than the 200 sqft allowed, and to increase our signage other than storefront from 100 sqft to 190 SOT- Also, please inform me as to any additional paperwork which we will need to submit should the enclosed not be sufficient. We are proposing the following signage: I. Wall A. Install (1) 12' x 15'7" s/f Internally aluminated free form wall sign reading Cub Foods on north elevation 1190 sqft) a. Install (1) 1716" x 23'7.112" s/f internally Illuminated letter wall sign reading Cub Foods on the east elevation (389.8 sqft) C. Install (1) 3' x 23'8-314" elf internally Illuminated raceway-mounted wall sign reading Pharmacy on the east elevation (71.4 sqft) D. Install (1) 4' x 53'2-112" s!f Internally Illuminated raceway-mounted wall sign reading Low Price Leader on the east elevation (212.8 sqft) Should you leave any questions or comments regarding the signage for this project, please feel free to contact mei at (847) 465-6471. Thank you for all your help during this project. Sincerely, ejyyki, Jacquelyn M. Jensen Permit Coordinator Specialist 1322 BARCLAY BOULEVARD • BUFFALO GROVE. 8_60089 • 847-520-1255 wa [,:,-,,,,i- 1 ti —it ,____ , ... ,,r.� Exhibit C f 'ril 1=7.4 •lr/yam. ,�_ ! �� ! 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'-'sss.--------------------.__________,L-..---- -\`-:.:. --------- 1 $iu • 1. 1 - -... -- .-._..— 1..'-;e-. lV x' N ,F,c4 5' _ ` I J 14: •Loa bz0'ON 217ST OES L178 E- NUGIdd0 017:80 86/OT/L0 AUG-12-98 14:38 FROM-KIEFFER & CO., INC. 847-520-1543 T-602 P.02/06 F-802 • • ATTACHMENT B Kieffer 8,C0- ,NC- ELECYRIG 91GN5 August 12, 1998 City of Shakopee 129 South Holmes Street Shakopee, MN 55379 ATTENTION: Jared Andrews REGARDING: Cub Foods 1198 Vierling Drive Shakopee, MN Dear Mr. Andrews; Regarding the signage for Cub Foods located at 1198 Vierling Drive, enclosed please find the form for application for an appeal to the City Council, and a check in the amount of $85.00 for the fees. You should have all the information that you may need from our previous application. Upon confirmation of the needed information, please schedule Kieffer & Co., Inc. for the August 18t meeting. Also, please inform me as to any additional paperwork which we will need to submit should the enclosed not be sufficient. We are proposing the following signage: I. Wall A. Install (11 12' x 15'7" s/f internally Illuminated free form wall sign reading Cub Foods on north elevation (190 sqft) B. Install (1) 17'6" x 23'7-1/2" s/f internally illuminated letter wall sign reading Cub Foods on the east elevation (389.8 sqft) C. Install (1) 3' x 23'9-314" sit internally illuminated raceway-mounted wall sign reading Pharmacy on the east elevation (71.4 soft) D. Install (1) 4' x 53'2-1/r s/f internally illuminated raceway-mounted wall sign reading Low Price Leader on the east elevation (204.8 sqft) Should you have any questions or comments regarding the signage for this project, please feel free to contact me at (847) 465-6471. Thank you for all your help during this project. Sincerely,v 035.-eN Jacquelyn M. Jensen Permit Coordinator Specialist enclosures JMJ/tbm 1322 BARCLAY BOULEVARD • BUFFALO GROVE, IL 60089 • 847-520-1255 AUG-12-98 14:39 FROM-KIEFFER & CO., INC. 847-520-1543 T-602 P.05/06 F-802 AUG-12-98 08;U FROM-KIEFFER 11111, INC. 847-520-1543• 1-585 P.0A/05 F-766 17. Please describe the undue hardship that exists that is unique to the site which necessitates the reguest for a variance: CURRENT CODES ARF, NOT ADEOUATg SO FAIIL( REGULATE SIGNAGE ON BUILDINGS LARGER THAW 100 LT LONG i a. Please provide any additional information that would be helpful for the Board of Adjustment and Appeals or Planning Commission when reviewing this request: SEE ATTACHED • 19. Does the request meet the criteria necessary to grant approval (please refer to the informational handout)? YEs . (B) THE PLIGHT OF 'CRE _LANDOWNER (CUB) IS DUE TO UNIQUE CIRCUMSTANCES (LARGE BUILDING FRONTAGE) OF THE PROPERTY (BUILDING) Submitted this 12 Til day of u G us r , 19 9 g I LL.44afk .Cts Signature . rAtt3t.)..J-42— P`•perty Owners Signature City staff has ten days from the date of application to determine if an application is complete, Incomplete applications will not be processed. iNxmmdN`admaP.othertapprev,doe AUG-12-98 14:39 FROM-KIEFFER & CO., INC. 847-520-1543 1-602 P.06/06 F-802 I • • '18. Please provide any additional information that would be helpful for the Board of Adjustment and Appeals or Planning Commission when reviewing this request Codes for Highway Business (B-1) zone: A. Wall Signs On the front of a building: 'allowed 2 square feet for each linear foot of the building wall on which the sign is mounted up to a maximum of 200 square feet' Not on the front of a building: if that wall faces a street signs may have 1 square foot for each linear foot the building wall on which the sign is mounted up to a maximum of 100 square feet', (Subd. 10. Highway Business,... Zone Regulations) Front (east) Elevation: 304 ft. building frontage x 22 ft=6688 sqft building face 304 ft building frontage x 2 sqft/ft building frontage=608 sqft 200 sqft/6688 sqft x 100%= 3.0% allowed with max in force 608 sqft/6688 sqft x 100% = 9.1 % allowed without max in force 666 sqft/6688 sqft x 100% = 10.0% as proposed Side (north) Elevation: 220 ft. building frontage on side x 22 ft= 4840 sqft building face 220 ft building frontage on side x 1 sqft/ft building frontage= 220 sqft 100 sqft/4840 sqft x 100% =2.1% allowed with max in force 220 sqft/4840 sqft x 100% =4.5% allowed without max in force 190 sqft/4840 sqft x 100% = 3.9% as proposed Variance Request: Kieffer& Co., Inc. and Oppidan Investments request Cub Foods located © Crossroads Center on Vierling Drive to be allowed a maximum of 856 sqft for wall signage, 28 sqft more than the amount allowed by the codes without the current maximums enforced. 08/18/98 TUE 07:19 FAX 612 932 2620 Real Estate/DSG fj001 • Northern Region SUPERIIALU PO Box 1451 Minneapolis,MN 55440 612 932 4300 • 8-18-98 Mr.Mark Mc Neill City Administrator City of Shakopee 129 Holmes Street Shakopee,Mn. 55379 Re: Cub Foods Signage in Shakopee Dear Mr.Mc Neill: I want to thank the City of Shakopee for your consideration of this most important issue to us at this time. I was of the understanding that Scott Ericson had addressed this issue when he still had control of this project and completed the City approvals,but apparently not. I apologize for that. We are scheduled to open for business on October 16th,so time is really of the essence on this issue. As you know,your sign ordinance allows a maximum of 200 square feet of signage on a building such as Cub Foods. Our standard sign package contains approximately 674 square feet of signage on the front of the building and an additional 190 square feet on one end wall for the Cub portion alone. While I was on vacation over the last two weeks,a meeting was held with,I believe,Zoning and Planning to request a variance for the signage since our building is so large. At that meeting only the Cub portion of the building signage was included in the request. Our sign representative omitted the TCF portion of the signage which is approximately 70 square feet This omission continues in the materials that your City Council has in front of them for tonights appeal. We have TCF banks in the vast majority of our Twin Cities stores and I am concerned that if we do not include their needs in this request,that a request by them later will not be received well by your Council. Will you please respectfully inform your Council of this omission and notify them that I will be asking for approval of TCF'S square footage at tonights appeal also. If you have any questions please call meat 932-4443. Sincerely, 1-LeyAgL Lloyd Johnson Real Estate Manager Supervalu Inc. SUPERVALU INC. • 101 Jefferson Avenue South • Hopkins MN 55343 . e 1 CITY OF SHAKOPEE Memorandum 1C5ONSEN. .T TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Parking Control Requests from School District#720 by Central Elementary DATE: August 18, 1998 INTRODUCTION: Mr. Ron Ward of Independent School District #720, is requesting that the City change its parking signs around Central Elementary to facilitate school bus loading needed by the School District. BACKGROUND: Attached to this memorandum is a letter from Ron Ward, Director of Administrative Services for ISD #720, requesting school bus loading from 2:00 P.M. to 4:00 P.M. along the west side of Lewis Street adjacent to Central Elementary. Per City Code, Chapter 7.703, all traffic and parking control signage must be approved by City Council. The request being made by the School District is to facilitate school bus parking that is needed in this area, due to the additional diagonal parking being installed on 6th Avenue. The bus loading will occur on Lewis Street, thus the additional signage is needed on Lewis Street. ALTERNATIVES: 1. Direct staff to place the appropriate signage, to allow school bus parking on Lewis Street and to remove the signage on 6th Avenue, as requested by the School District's letter. 2. Deny the request to the School Distract for any change in signage. 3. Direct staff to place the appropriate signage as directed by City Council. 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as the change in signage should improve the parking in this area and have very little impact on adjacent property. ACTION REQUESTED: Direct staff to place the appropriate signage, to allow school bus parking on Lewis Street and to remove the signage on 6th Avenue, as requested by the School District. Alq °I‘fkO7 Bruce Loney Public Works Director BL/pmp PARKING Shakopee School Board Superintendent Robert J. Ostlund sliAKopEE 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 August 5, 1998 Mr. Bruce Loney City Engineer City of Shakopee 129 So. Holmes St. Shakopee, MN 55379 Dear Bruce: Due to the reconstruction and installation of diagonal parking on the north side of 6th Avenue, we will need to move a portion of our school bus loading zone from 6th Avenue to the west side of Lewis St. between 5th and 6th Avenues. The district requests that signage be approved and installed on the west side of Lewis stating "No Parking 2:00 -4:00 p.m., School Days only." Thank you for your help. Very truly yours, fic.„„a?" . Ronald E. Ward Director of Administrative Services 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 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council CONSENT Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Request of S.M. Hentges & Sons, Inc. Regarding Hourly Restrictions on Construction Activities for Canterbury Park 5th DATE: August 18, 1998 INTRODUCTION: By letter dated August 10, 1998, S.M. Hentges & Sons, Inc., the contractor performing the work on Canterbury 5th Addition, has requested that City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D,be suspended for Saturday work hours. DISCUSSION: The above named section of the City Code restricts the hours of operation from 7:00 A.M. to 10:00 P.M. on weekdays, and from 9:00 A.M. to 9:00 P.M. on weekends and holidays. S.M. Hentges & Sons, Inc. is requesting a suspension on the hours as follows: Saturday 7:00 A.M. to 9:00 P.M. The earlier starting time is to expedite work in order to work longer hours to meet the schedule for the Canterbury Park 5th Addition and the Seagate Development. Staff would recommend that if the suspension of hours is granted, that the approval is subject to the following conditions: 1. Approval is contingent upon minimizing noise exposure near residential areas. 2. If excessive residential complaints are received by the City, the suspension can be revoked at the discretion of the Public Works Director. 3. Blasting activities, if any, must be done from 8:00 A.M. to 5:00 P.M. If Council approves the suspension, a public notice is needed to meet the City Code requirement and a notice such as a news release would be placed in the Shakopee Valley News. ALTERNATIVES: 1. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by S.M. Hentges & Sons, Inc., as per their letter dated August 10, 1998 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. 2. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for some other period of time as determined appropriate by the City Council, and direct staff to publish notice of the suspension terms. 3. Do not approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D. ACTION REQUESTED: Offer and approve a motion consistent with the Council's determination relative to this request. ,A4e Bruce Lone Public Works Director BL/pmp RESTRICT 08-10-1998 02:21PM FROM S.M. Hentges & Sons, Inc. TO 4456718 P.02 \jk "P t1E 7��.6 • • P.O. Box 69 Jordan, MN 55352-0069 &Sons Inc. Phone: (612) 492-5700 10,1ZOA i, `tiVw 4?2-5'00. Fax: (612) 492-5705 'UrES• TRIic*\' • August 10, 1998 City of Shakopee Engineering Department Mr. Bruce Loney 129 Holmes Street South Shakopee, MN 3374 RE: Canterbury 5" Addition 12°'' Avenue Dear Mr. Loney, • S.M. Hentges & Sors, Inc. is requesting a change for Saturday work hours from 9100 a.m. to be able to start at 7 : 00 a.m. through November 4 , 1.99% . Please notify me if this is acceptable. Sincerely, 2rif-/ • Gar *r aj i Project Manager WP6.0/gary/loney • An Equal Opportunity Employer TOTAL P.02 /5 . C. 3 C ,) CITY OF SHAKOPEE Memorandum �...CONSENT 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 DATE: August 18, 1998 INTRODUCTION: Attached is Resolution No. 4970, a resolution restricting parking on 17th Avenue East, from Sarazin Street to 1/2 mile east of Sarazin Street. BACKGROUND: 17th Avenue is being designed as a 4-lane State Aid highway with no parking. In order to obtain approval of the construction plans from Mn/DOT and qualify for State Aid funding, the City must adopt a resolution banning parking on this segment of 17th Avenue. ALTERNATIVES: 1. Adopt Resolution No. 4970. 2. Deny Resolution No. 4970. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4970, A Resolution Restricting Parking on 17th Avenue, from Sarazin Street to 1/2 Mile East of Sarazin Street and move its adoption. Bruce Loney Public Works Director RESOLUTION NO. 4970 A Resolution Restricting Parking On 17th Avenue East, From Sarazin Street To 1/2 Mile East Of Sarazin Street WHEREAS,the City of Shakopee has planned the improvement of 17th Avenue East, from Sarazin Street to 1/2 mile east of Sarazin Street; and WHEREAS,the City of Shakopee will be expending Municipal State Aid Funds on the improvement of this highway; and WHEREAS, since this improvement lacks adequate width for parking on both sides of the road, approval of the proposed construction as a Municipal State Aid project must therefore include certain parking restrictions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: That the City of Shakopee shall prohibit the parking of motor vehicles on both sides of 17th Avenue East, from Sarazin Street to 1/2 mile east of Sarazin Street. 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 (1C3 . CZ) CITY OF SHAKOPEE �� Memorandum ENT° 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 DATE: August 18, 1998 INTRODUCTION: Attached is Resolution No. 4966, a resolution restricting parking on 17th Avenue, from 1/4 mile west of County State Aid Highway(CSAH) 17 to CSAH 17. BACKGROUND: 17th Avenue is being designed as a 4-lane Municipal State Aid Highway with no parking. In order to obtain approval of the construction plans from Mn/DOT and qualify for State Aid funding, the City must adopt a resolution banning parking on this segment of 17th Avenue. ALTERNATIVES: 1. Adopt Resolution No. 4966. 2. Deny Resolution No. 4966. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4966, A Resolution Restricting Parking on 17th Avenue, from 1/4 Mile West of CSAH 17 to CSAH 17 and move its adoption. 4171t( Bruce Loney Public Works Director 7 ‘saf 9 = RESOLUTION NO. 4966 A Resolution Restricting Parking On 17th Avenue, From 1/4 Mile West Of County State Aid Highway 17 To County State Aid Highway 17 Project No. 1998-4 WHEREAS,the City of Shakopee has planned the improvement of 17th Avenue, from 1/4 mile west of County State Aid Highway(CSAH 17)to CSAH 17; and WHEREAS,the City of Shakopee will be expending Municipal State Aid Funds on this highway; and WHEREAS, since this improvement lacks adequate width for parking on both sides of the road, approval of the proposed construction as a Municipal State Aid project must therefore include certain parking restrictions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: That the City of Shakopee shall prohibit the parking of motor vehicles on both sides of 17th Avenue, from 1/4 mile west of CSAH 17 to CSAH 17. 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 /$ . C. 3. ( 3) CITY OF SHAKOPEE Memorandum TO: Mayor& City Council CONSENT Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vierling Drive, Western Plat Boundary of Orchard Park West to Fuller Street DATE: August 18, 1998 INTRODUCTION: Attached is Resolution No. 4971, a resolution restricting parking on Vierling Drive, from the Western Plat Boundary of Orchard Park West to Fuller Street. BACKGROUND: Vierling Drive is being designed as a 4-lane State Aid highway with no parking. In order to obtain approval of the construction plans from Mn/DOT and qualify for State Aid funding, the City must adopt a resolution banning parking on this segment of Vierling Drive. ALTERNATIVES: 1. Adopt Resolution No. 4971. 2. Deny Resolution No. 4971. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4971, A Resolution Restricting Parking on Vierling Drive, from the Western Plat Boundary of Orchard Park West to Fuller Street and move its adoption. Bruce Loney Public Works irector RESOLUTION NO. 4971 A Resolution Restricting Parking On Vierling Drive, From The Western Plat Boundary Of Orchard Park West To Fuller Street WHEREAS,the City of Shakopee has planned the improvement of Vierling Drive, from the Western Plat Boundary of Orchard Park West to Fuller Street; and WHEREAS,the City of Shakopee will be expending Municipal State Aid Funds on the improvement of this highway; and WHEREAS, since this improvement lacks adequate width for parking on both sides of the road, approval of the proposed construction as a Municipal State Aid project must therefore include certain parking restrictions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: That the City of Shakopee shall prohibit the parking of motor vehicles on both sides of Vierling Drive, from the Western Plat Boundary of Orchard Park West to Fuller Street. 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 C Z71 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Southbridge Parkway Landscaping, Lighting, Irrigation and Restoration, Project No. 1997-4A DATE: August 18, 1998 INTRODUCTION: Attached is Resolution No. 4967, a resolution which accepts the bids and awards the contract for Southbridge Parkway Landscaping, Lighting, Irrigation and Restoration, Project No. 1997-4A. BACKGROUND: On July 21, 1998, the City Council ordered the advertisement for bids on Southbridge Parkway, Project No. 1997-4A. The project consists of landscaping, lighting, irrigation and restoration improvements to Southbridge Parkway in the Southbridge Addition in East Shakopee. The funding of this street project is by assessments to the benefiting properties. On August 12, 1998, sealed bids were received and are summarized in the attached resolution. The low bid was submitted by Braun Turf Farms, Inc. with a Base Bid of $891,471.08 and Alternate No. 1 bid at $20,460.75. Alternate No. 1 was for landscaping work around existing wetlands on the project site. From the bids received, the developers have indicated to include Alternate No. 1 work with this project. Since this project is being done for developing properties in the Southbridge area, staff is recommending to award the contract to the low bidder of the Grand Total Bid and Alternate No. 1. The bids received including Alternate No. 1, is lower than the Engineer's opinion of cost of$960,875.00. The developer of Southbridge Addition did provide letter of credits for the assessments for this project,prior to the bids, in order to record the plats and meet the requirements of the developer's agreements. The City Attorney has determined the developers are in compliance with the terms of the developer's agreement. Staff is recommending awarding the contract to Braun Turf Farms for the Base Bid and Alternate No. 1 in the amount of $911,931.83. In addition to awarding the contract to the low bidder, Council will need to authorize consultant engineering services to provide construction surveying, inspection and administration services as necessary for this project. WSB & Associates is the project designer and staff is recommending an extension agreement be executed by the appropriate City officials. If Council awards this project, staff is also requesting that City Council authorize a contingency amount equal to 5% of the contract to cover minor change orders or quantity adjustments that may occur on the project. With the Southbridge Parkway Project, the street and utilities project cost is estimated at $3,939,954.00 and the landscaping, irrigation, lighting and restoration project cost is $1,196,910.53. The total estimated project costs for this entire project is $5,136,864.53 with the feasibility report cost estimate at $6,046,468.00. ALTERNATIVES: 1. Accept the low bid, Base Bid and Alternate No. 1 at $911,931.83, and adopt Resolution No. 4967, awarding the contract to Braun Turf Farms. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. 4. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant services on this project for the City of Shakopee. 5. Authorize a 5% contingency amount for use by the City Engineer in authorizing change order or quantity adjustments on this project. RECOMMENDATION: Staff recommends Alternative No.'s 1, 4 and 5. ACTION REOUESTED: 1. Offer Resolution No. 4967, A Resolution Accepting Bids on Southbridge Parkway Collector Street Landscaping, Lighting, Irrigation and Restoration Improvements, Project No. 1997-4A and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with WSB &Associates, Inc. to provide consultant services for the City of Shakopee. 3. Authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. GA Bruce Loney Public Works Director BL/pmp MEM4967 AUG-18-1998 12 52 WSB 8, ASSOCIATES INC. 6125411700 P.05/05 ABA Mittdstcadr,P.E. 350 Westwood Lake Office Bret A.Weiss,P.E. WSB 8441 Wayzata Boulevard Pact R.Wearing,P.E. Minneapolis, MN 55426 Donald W.sem,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 August 18, 1998 Mr.Bruce Loney,P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Extension Agreement to Provide Construction Surveying,Observation&Administration Services Southbridge Parkway Landscaping City Project No. 1997-4A WSB Project No. 1084.21 Dear Mr.Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2(Major Projects), this extension agreement is written to provide for construction surveying, observation and administration services for the above-referenced project. The surveying needs for this project will include staking for limits of turf establishment and trees. The construction observation needs will involve one observer provided to the project to work in conjunction with the allocated City Inspector. The construction administration phase will involve completing all contract-related work including attendance at weekly meetings, approval of all pay vouchers and change orders, and day-to-day dealings with field personnel,having subconsultants(DSU,Arteka,Sebesta Blomberg,STS)review the relative portions of their contract We are proposing to complete this work on a cost-reimbursable basis according to our fee schedule. As you are aware, construction work is somewhat variable depending on the contractor and the actual field conditions. Consequently,the engineering costs for the construction chase will be determined according to the actual hours necessary to complete the project,however,we have estimated a fee of approximately$70,000. The City of Shakopee agrees to reimburse WSB for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval,please sign below and return one copy to our office. Sincerely, WSB&Associates, nc. Bret A.Weiss,P.E. Vice President City Administrator City Clerk Mayor Date Infrastructure Engineers Planners WIT TAT ADDADTI ourry G%Mr"vet) F.1W1I O VOUJIWAexne TOTAL P.05 RESOLUTION NO. 4967 A Resolution Accepting Bids On Southbridge Parkway Collector Street Landscaping, Lighting, Irrigation And Restoration Improvements Project No. 1997-4A WHEREAS,pursuant to an advertisement for bids for Southbridge Landscaping, Lighting, Irrigation and Restoration Improvements, Project No. 1997-4A, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Braun Turf Farms $ 911,931.83 Dick Henning Enterprises $ 925,974.05 S.M.Hentges & Sons,Inc. $ 943,069.58 MN Valley Landscape,Inc. $ 971,180.00 Arteka Natural Green,Inc. $1,107,589.16 AND WHEREAS, it appears that Braun Turf Farms, 2950 232nd St. E., Hampton, MN 55031 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Braun Turf Farms in the name of the City of Shakopee for Southbridge Parkway Collector Street Landscaping, Lighting, Irrigation and Restoration Improvements Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk and contingent upon obtaining the necessary easements from the appropriate parties. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 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 457 c . 6- CITY OF SHAKOPEE • Memorandum TO: Mayor&CityCouncil e� O��NT Y Mark McNeill, City Administrator FROM: Tom Voll,Engineering Tech. II SUBJECT: 1997 Pavement Preservation Program,Project No. 1997-2 DATE: August 18, 1998 INTRODUCTION: Council action is required for a resolution accepting work on the 1997 Pavement Preservation Program,Project No. 1997-2. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$212,730.20 and the actual final costs of$253,736.97 for this project. ACTION REQUESTED: Offer Resolution No. 4968, A Resolution Accepting Work on the 1997 Preservation Program, Project No. 1997-2 and move its adoption. Tom Voll Engineering Tech. II TV/pmp MEM4968 RESOLUTION NO. 4968 A Resolution Accepting Work On The 1997 Pavement Preservation Program Project No. 1997-2 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 18, 1997, Vi-Con, Inc. has satisfactorily completed the 1997 Pavement Preservation Program, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk CERTIFICATE OF COMPLETION CONTRACT NO, : 1997-2 DATE: August 10 , 1998 PROJECT DESCRIPTION : 1997 Pavement Preservation Program CONTRACTOR: Vi -Con , Inc . P . O . Box 708 Northfield , MN 55057 ORIGINAL CONTRACT AMOUNT $ 212 , 730 . 20 QUANTITY CHANGE AMOUNT $ 28 , 279 . 51 CHANGE ORDER NO, 1 THRU NO, 2 AMOUNT , . $ 12 , 727 . 26 FINAL CONTRACT AMOUNT $ 253 , 736 . 97 LESS PREVIOUS PAYMENTS $ 253 , 736 . 97 FINAL PAYMENT $ -0- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. 4;674'' Professional Aineer MINNESOTA Department of Revenue \o, Withholding Affidavit for Contractors 'c-134 This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. Please type or print clearly.This will be your mailing label for returning the completed form. Company name 1 Daytime phone Minnesota withholding tax ID number 1 VI—CON, Inc. I (507) 645 0595 2534048 IAddress I Total contract amount Month/year work began I P.O. Box 708 1 $ 225,457.46 7/97 ICity State Zip Code I Amount still due Month/year work ended Northfield MN 55057 J $ 12,686.85 9/97 Project number I Project location 1997-2 1 Shakopee Project owner Address City State Zip code City of Shakopee 129 Holmes Street South, Shakopee, MN Did you have employees work on this project? k(l'es ❑No If no,who did the work? Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor ❑ Subcontractor Name of contractor who hired you Address © Prime contractor—If you subcontracted out any work on this project, all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC-134. If you need more space, attach a separate sheet. Business name Address Owner/Officer Ashbach Construction Co., P.O. Box 65738, St. Paul. MN 55165 Kaiser Concrete 22 NE 9th Street, Faribault, MN 55021 I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief.I authorize the Department of Revenue to disclose pertinent information relating to this project,including sending copies of his form,to the prime contractor if 1 am a subcontractor, and to any subcontractors if 1 am a prime contractor,and to the contracting agency. Contractor's signat e '% V • Title Date �rt1 ,,``�� ✓, President March 3,_.1998 Mg"fi 1 '1 gipt.o+W ent6,V411holding Division,Mail Station 6610,St. Paul,MN 55146-6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Department of Revenue approv��''�uGC Date o� MAR 0 61998 Stock No.5000134 (Rev.11/951 Printed on recycled paper with 10%postconsumer waste using soy-based ink. r Instructions for Form IC- 134 Who must file? Are you a prime contractor Use of information If you are a prime contractor,a and a subcontractor on the The Department of Revenue needs contractor or a subcontractor who same project? all the information,except your did work on a project for the state of If you were hired as a subcontractor phone number,to determine if you Minnesota or any of its local to do work on a project,and you have met all state income tax government subdivisions—such as subcontracted all or a part of your withholding requirements. If all a county,city or school district— portion of the project to another required information is not you must file Form IC-134 with thecontractor,you are a prime provided,the IC-134 will be Minnesota Department of Revenue. contractor as well. Fill out both the returned to you for completion. This affidavit must be certified and subcontractor and prime contractor All information on this affidavit is returned before the state or any of areas on a single form. private by state law.It cannot be its subdivisions can make final given to others without your payment for your work. Where to file permission,except to the Internal Mail to: Revenue Service,other states that When to file MN Dept.of Revenue guarantee the same privacy and The IC-134 cannot be processed Withholding Tax Division certain government agencies as until you finish the work. If you Mail Station 6610 provided by law. send it in for certification before the St. Paul,MN 55146-6610 project is completed,it will be Information and returned to you unprocessed. Minnesota tax ID number assistance If you are a subcontractor or sole You must fill in your Minnesota If you need help or additional contractor,send in the form when withholding tax ID number on the information to fill out this form,call you have completed your part of the form. You must have a Minnesota (612) 282-9999 or 1-800-657-3594. project. tax ID number if you have Hearin speech or visually If you are a prime contractor,send impaired? TDD users may contact in the form when the entire project If you do not have a Minnesota ID the department through the is completed and you have received number,you must apply for one. Minnesota Relay Service. Call certified affidavits from all of your Call (612)282-5225 or 1-800-657- (612) 297-5353 or 1-800-627-3529; subcontractors. 3605. Or write to the following ask for(612)282-9999. address to request an application (Form ABR). If you need information in an How to fileMinnesota Tax Forms alternative format,such as Braille, If you have fulfilled the Mail Station 1421 large print or audio tape,we will requirements of Minnesota St. Paul,MN 55146-1421 provide it. withholding tax laws,the Department of Revenue will sign If you have no employees and did To get more IC-134 forms your affidavit and return it to you. all the work yourself,you do not If you need more IC-134 forms,call need a Minnesota tax ID number. (612) 296-4444 or 1-800-657-FORM. If any withholding payments are If this is the case,fill in your Social due to the state,Minnesota law Security number in the space for Or write to: requires that payment be made by Minnesota tax ID number and Minnesota Tax Forms money order,cashiers check, explain who did the work. Mail Station 1421 certified check or cash(M.S.290.97). St. Paul,MN 55146-1421 Submit the certified affidavit to your prime contractor or to the government unit for which the work was done in order to receive your final payment. MINN TA Department of Revenue -7- s" Withholding Affidavit for Contractors 'c-'34 This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. CO O, Piense type or print clearly.This will be your moiling robe'for returning the completed form. Litt . i /C r cony name — Daytime phone Minnesota withholding tar ll.: ,um:bei ,:,,,r r Po. Total contract amount Month/year work begun Q s. box 6257 I / lis �� /q/7 C h State Zip Code 1 Amount still due Month/yea work ended P8uiLMA2 .. s-/( $--0?01p /9Q7 O CProsect number Project location igai D; Project owner Address City State Zip code o -S KoPe I oree , emirs' I.C Did you h ve employees work on this pr ject? • Pl No If no,who did the work? Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor Y9 Subcontractor Name of ontractor who hired ou� V'Lon . Ad ess p`o. -70pt /'by e Id, /A S7 L Prime contractor—If you subcontracted out any work on this project, all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each I subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC-134. If you need more space, attach a separate sheet. 1 Business name Address Owner Officer C 0 V I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of I Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, x and to any subcontractors if I am a prime contractor, and to the contracting agency. Cj. tor' . Title Date i ' p, 40 Lit-•l. %./rte _ e7-l? ai I.:MN Dept.of 0-nue,Withholding Division,Mail Station 6610,St.Paul,MN 55146-6610 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Department of Revenue appy vpl. Date qua D ' � () , FEB 01998 -,' Stock No.5000134 (Rev 11/961 Printed on recycled paper with 10%past-consumer waste using soy bused ink. r [INNESOTA Department of Revenue ithholding Affidavit for Contractors ".'34 • 01 9.N� s ,s affidavit must be approved by the Minnesota Department of Revenue before the state of Cj. ` Minnesota or any of its subdivisions con moire final payment to contractors. Please type or print Clearly. This will be your moiling label for returning the completed form, t .1--- Py. five 1 ComPa u,�J�=f �� ..,...... . .._..,.., �I -..s (Sill phone �-b �i✓ � .�withholding lox IP monthly. �C ,rifn ( rmehone.,.f—_._....__..._.__....,, 'Man1woarr`"��`� air as ,•a-`r� I Address loco!contract amount ti/Y begon. C 1, I City - Stole Zip Code Amount st?I due -v. Month/year work ended �; 1 R'_...t., tt �, Pro ecs owner �.c., tt _ 4'C.4- Cate.!a, t � m;cwt OCG,O�C......., t ...,.... ..4 .....�i. 1` I 1 ( i 1p Address City • Stale Zip cods :` _. Did you hove employees work an this project? KYes LI-'No If no,who did the work? /8 Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor �.,. . Subconto • tracr r .,,,. ,• Noe of conaoc}ar who hired you tifeYZII. Address ( .. .... ... __.......... `.,.f e ... w.-..--.—.._>� :.fir.. _. ...._- ,........... 1 "•'' ' 3Prime contractor—I1 you subcontracted our any work on this project, all of your subcontractors must file their own r 'k IC-134 affidavits and hove them certified by the Deportment of Revenue before you can.file your affidavit. For each " ' subcontrodor you had, fill in the information below and attach a copy of each subcontractor's certified,IC-134. If you -'x need more space, attach a separate sheet. Address " rf cer -..r..—._.......-... ,x usiness name....,.......... ..........._......,...,..—._......_..—..,...._._.... .......... -- --� . � • ' .q.,: 4; , 4'.+ I I Yr, ' 11,1t I declnre that an inlormorron I hove filed in on this form is true and complete to the best of my knowledge and belief.t authorize the Deportment of yM, rany antrocters if I cm:a prime ntro tor,and ro the controcrng agency p p oCtgr;if am a subcontractor, , Red n subcose pertinent information relatin to this project, includfn sending co ies of this form,to the rime conte ' Contractor's ---._ ......... . ..... Revenue to disclose Dote .:�a' ttte :..•,r,,11 ,,i . ... ' Mai to:MN Dept.of Revenue,Withholding Division;Moil Station 6610,St,Paul,MN 55146-6610 t___ Cerflflficate of Compliance . . . Based on records of the Minnesota Department of Revenue, I certify that the contractor who hos signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding.of Minnesota income lox horn wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Deport recto of Revenue oppro/w/`ylJ Def. [ : i /(e /- 4x . Y / ,st. .0 , 4 tQ � 6 1998 . rock No.5000134 Rev. 11/95) Printed an rneyclell pope with 10/pnsl•cunsomer worse,,sing soybosed ink. to 39Vd ISNO0313HDN0083SItt>I b069ZEEL09 Lb:EZ 866L/ZO/E0 15.C. 6 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Supervisor SUBJECT: Purchase of Single Axle Dump Trucks DATE: August 18, 1998 INTRODUCTION: On August 4, 1998, City Council approved a motion directing staff to proceed with 1999 equipment acquisitions, which includes a single axle dump truck for the Public Works Department. This item is for Council to consider authorizing the purchase of one single axle dump truck utilizing the State bid. Council also directed staff to proceed with the 2000 acquisition of a single axle dump truck. The 2000 single axle dump truck is an addition to our fleet, contingent on Council's approval of the hiring of an additional employee in 1999. Staff feels the ordering of this truck should be delayed until Council's approval. BACKGROUND: The State bid price for a 1998 single axle dump truck is $51,275.00 and is a Ford from Boyer Ford. The last single axle dump truck with options was purchased in 1997 at a cost of$45,995.00. The City will need to purchase a box, plow, wing and sander for a complete assembly cost which is estimated to be $95,000.00. Staff needs to submit a purchase order to the State, due to delays in the availability of transmissions as soon as possible so we can expect deliver in early 2000. The requested action is for Council to authorize the purchase of one single axle dump truck, utilizing the State bid price of$51,275.00 and payment to be expended from the Internal Service Equipment Fund. Payment for this truck is not done until the truck has been delivered. ALTERNATIVES: 1. Authorize the purchase of one single axle dump truck at $51,275.00, utilizing the State bid. 2. Do not authorize purchase at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends that Council approve the purchase of one single axle dump truck, cab and chassis using the State bid price of$51,275.00. ACTION REQUESTED: Move to authorize the purchase of one single axle dump truck, cab and chassis at $ 51,275.00,with the purchase to be paid out of the Internal Service Equipment Fund. 711 2/41442.....„ Michael Hullander Public Works Supervisor MH/pmp PURCHASE CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 1998 Sidewalk Replacement Program DATE: August 18, 1998 INTRODUCTION: This agenda item is for Council information and direction on a 1998 Sidewalk Replacement Program. BACKGROUND: The City has an ordinance which is attached and is called (Chapter 7, Section 7.16) Sidewalk Inspection, Repair and Replacement Policy. Under this ordinance, an annual inspection is to be conducted in a different zone each year. Also, a list of sidewalk complaints and those deficiencies shall also be repaired. Per the City's ordinance, sidewalk replacement on sidewalks older than five years is funded jointly 50% by the City and 50% by property owners, unless the sidewalk is located on a collector or arterial street. If a sidewalk is located on such a street, the sidewalk replacement is funded 100%by the City. Sidewalk inspections have indicated almost all of the sidewalk panels that need replacement are along collectors, and from the May 30, 1998 storm in which the City would pay 100%of the costs. From the sidewalk inspections, very few sidewalk panels warrant replacement along local streets, which per the ordinance, require 50% of the sidewalk replacement cost to be assessed. For this work, staff would need to follow the Chapter 429 Statute on Special Assessments. Due to the project workload, it may not be possible to meet the statutory timelines for this year. The sidewalk panels that are the most critical to replace, from a liability standpoint, are panels that have a 1/2 inch or greater differential and can pose a tripping hazard. The City typically receives two to four claims from falls on sidewalks. Attached to this memo is a list of sidewalk panels that warrant replacement along collectors streets and from storm damage and sidewalks that are less than five years old. Also, included is a list of sidewalk panels on local streets which warrant replacement. With the 1998 Sidewalk Replacement Program staff is preparing to replace defective panels on collector streets and from the May 30, 1998 storm damage to sidewalks. This sidewalk replacement costs are to be funded 100%by the City. Staff would also like direction from City Council on whether to continue to have sidewalk replacement on non-collector streets funded 50% by property owners and 50% by the City. Staff believes that administrative costs in following the 429 Special Assessment procedures adds considerable cost especially if the sidewalk replacement project cost is small. Also, repairing of the defective sidewalk panels reduces the City's liability. For 1998, the number of defective sidewalk panels to be funded 50%/50% is very small. Staff believes the replacement of defective sidewalks is a maintenance function to repair panels that have hazards which could be a liability for the City. Also, administrative costs could double the costs of replacement if the project area is small. Staff would still recommend that any sidewalk damaged by the property owner or occupant should be responsible 100% for the replacement cost. ALTERNATIVES: 1. Move to direct staff to replace sidewalks, as identified on Attachment No. 1, with payment from the Pavement Preservation Account. 2. Table for additional information. 3. Provide staff direction on whether to revise Ordinance Section 7.16, Subd. 3, Paragraph B on the funding of replacement sidewalks. RECOMMENDATION: Staff recommends Alternative No. 1, to replace those sidewalks identified. The sidewalk replacement will be those that are 100% funded by the City. In the Street Division under Pavement Preservation, $10,000.00 has been budgeted for sidewalk repairs. Staff is recommending that replacement of defective sidewalks on all sidewalk be funded 100% by the City, as per the reasons mentioned in the memo. ACTION REQUESTED: 1. Move to direct staff to replace sidewalks, as identified on Attachment No. 1, with payment from the Pavement Preservation Account. 2. Provide staff direction on whether to revise Ordinance Section 7.16, Subd. 3, Paragraph B on the funding of replacement sidewalks. A?Alit NIP1 4 Bruce Loney Public Works Director BL/pmp SIDEWALK § 7 . 15 No railroad grade shall, whether it be by raising or lowering the same, be made without a permit in writing from the City. (Ord. 1, April 1, 1978) SEC. 7.16. SIDEWALK INSPECTION, REPAIR AND REPLACEMENT POLICY. Subd. 1. Inventory of Defective Sidewalks. A. The Engineering Department shall develop an annual inspection program to inventory defective sidewalks. The City shall be divided into zones and each year a different zone shall be inspected. B. In addition to zonal repairs, a list of sidewalk complaints shall be maintained and those deficiencies shall also be repaired, whether in the zone or outside of the zone. C. The City Engineer shall determine which sidewalks are defective and in need of repair or replacement. In general, any defect in the sidewalk will justify repairs but the following criteria will be used as guidelines determining defective sidewalks: 1. Sidewalks that pond water or ice. 2. Sidewalks that are cracked and heaved greater than 1/2 inch. 3. Spalled Sidewalks -Sidewalks that have developed numerous holes and pockets due to the aggregate chipping off. 4. Cracked sidewalks. 5. Sidewalks that have developed other hazards such as tree roots, water valves, etc. D. The brick pavers downtown will be included in the sidewalk inspection and repair program. E. All defective sidewalks within each zone or received by complaints shall be repaired or replaced during the current year in which listed. F. Inspection of any sidewalk repairs or replacements shall conform to the requirements of Section 7.06. Subd. 2. Permit Required. No repair or replacement by the owner or occupants of the premises shall be made on or to any sidewalk without first obtaining a permit to work in the public right-of-way provided in Section 7.07 for the road. Subd. 3. Funding for Sidewalk Repairs. A. If the sidewalk is less than five years old: 1993.d. 720 § 7.99 110 1. If installed under City contract, it shall be replaced at no expense to the property owner. 2. If installed by the property owner, it shall be replaced at the property owners expense. B. If the sidewalk is older than five years, it be jointly funded, 50% by the City and 50% by property owner, unless the sidewalk is located on a collector or arterial street. If it is located on such a street, the sidewalk will be funded 100% by the City. C. If the sidewalk is damaged by the property owner or occupant of the property, the property owner shall pay 100% of the replacement cost, regardless of the age of the sidewalk or who installed it. (Ord. 270, August 25, 1989; Ord. 337, July 23, 1992; Ord. 368, January 13, 1994) SECTIONS 7.17 -7.98. Reserved. SEC. 7.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when the person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: Subd. 1. Misdemeanor. Where the specific section, subdivision, paragraph or provision 410 specifically makes violation a misdemeanor, the person shall be punished as for a misdemeanor, where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, the person shall be punished as for a misdemeanor; where the person stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, the person shall be punished as for a misdemeanor. Subd. 2. Petty Misdemeanor. As to any violation not constituting a misdemeanor under the provisions of Subdivision I hereof, the person shall be punished as for a petty misdemeanor. (Ord. 1, April 1, 1978; Ord. 337, July 23, 1992) (The next page is 781.) page revised in 1995 721 , � F ` 0 CD .� w r Q Q + '''. _ ai Q, Cp cp x. a. -ao V� N - — n @ 7. rn ..► .moi•"cr Q. C' co CD ..+ 11I `+ Z7 = =. cD N— Cl) = -R tG(DDO � F = O Nn 0 o 0 a' 3 A) (D CD a CD .Mr GJ -s. N Ca CO -s. GW j a) IV --* W -s CO -s. N . e CJ7 -Co Co 0 U1(A a! 01 Ch U1 (71 N j C11 Cr?. -P Oj (J1 0) Ch CJ 01 01 01 S (31 01 Cr (Jt CY, O:C] Ol (fl N OGDO V NNN.,NNN) N) --.1 N � -• N 01 O 0 0 01 V1C21 01 01 01 01 01 N 01 6 a> , a ooio o o00000 0000 O 0000 00 .0000 0000 0 0 — ..i. ? 3 CD .rCD n N CD N Cy NC tD < < < 'p 7C < O 0 CD CD i< < 3 % ( (D CCD N O3CD Cl. (D (D l) to 0)Boo < N C) n (5 Q .a = C < CAD <D 3 03 t0 N - t2 (D7c X 0 - 00« o di a<`'0. 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CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum CONSENT TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police SUBJECT: 1999 Resolution for Task Force Participation DATE: Auguse 3, 1998 INTRODUCTION: Each year the State of Minnesota, Office of Drug Policies, requires coordinators of regional task forces to submit resolutions indicating intent to participate in task force operations from each member agency. BACKGROUND: For the past several years the state and federal governments have encouraged local law enforcement agencies to form regional task forces to investigate drug law violations. Significant sums of federal and state drug enforcement money are distributed to task forces. The Shakopee Police Department has been a member of the Southwest Metro Drug Task Force since its inception and wishes to continue participation in the task force for as long as possible. ALTERNATIVES: 1. Continue participation in the Southwest Metro Drug Task Force. 2. Discontinue participation in the Southwest Metro Drug Task Force. RECOMMENDATION: Alternative#1 ACTION REQUESTED: Offer Resolution#4958, a resolution to enter a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for participation in the Southwest Metro Drug Task Force. [tr- Ipm RESOLUTION NO. 4958 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA ,REGARDING PARTICIPATION IN THE SOUTHWEST METRO DRUG TASK FORCE. WHEREAS, The City has participated in the Southwest Metro Drug Task Force since its inception; and WHEREAS, the Task Force has successfully brought about numerous drug convictions; and WHEREAS, each year the City enters into a cooperative agreement in order to continue to participate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the appropriate City officials hereby are authorized to enter into a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for the project entitled Southwest Metro Drug Task Force for the calendar year 1999. Passed in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 18th day of August, 1998. Mayor of the City of Shakopee Attest: City Clerk /s1 2- • CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: August 12, 1998 Subject: Authorization to Fill Vacant Sergeant Positions INTRODUCTION: The Police Department is requesting Council approval to fill two vacant Police Sergeant positions. BACKGROUND: The Police Department has two vacancies in the position of Police Sergeant created by the voluntary termination's of Ray Erlandsen and Richard Kaley. The Police Civil Service Commission conducted the appropriate testing authorized by M.S.A. 419 and established an eligible register for the position of Police Sergeant(see attachment). The following names are currently listed in rank order on the eligible register: Craig Robson Bob Forberg Chris Dellwo Greg Tucci Tom Crocker Lynn Lipinski Les TenEyck Minnesota State Statute Chapter 419 requires the Police Civil Service Commission to submit the top three names listed on the eligible register to the Appointing Authority(City Council)to fill any vacancy. BUDGET IMPACT: The impact on the existing budget is minimal. The vacant positions are budgeted for in 1998 and 1999. The vacant positions were held by individuals having significant longevity with the Department. The positions will be filled by individuals with less longevity. RECOMMENDATION: I am recommending the top two candidates be appointed to fill the vacant Sergeant positions. ACTION REQUESTED: If Council concurs, they should, by motion, authorize the appointment of Craig Robson and Bob Forberg to probationary Police Sergeant effective August 19, 1998. Dan Hughes Chief of Police CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Police Civil Service Commission Kim Weckman, Chair Date: August 11, 1998 Subject: Police Sergeant Eligible Register The Shakopee Police Civil Service Commission conducted the appropriate testing and as a result establishes the following eligible register for the position of police sergeant in accordance with the provisions of M.S.A. 419. 1. Craig Robson 2. Bob Forberg 3. Chris Dellwo 4. Greg Tucci 5. Tom Crocker 6. Lynn Lipinski 7. Les TenEyck Respectfully submitted, ,..,/ :3.—c, /ejat./ Ron Ward, Secretary Shakopee Police Civil Service Commission CITY OF SHAKOPEE 11/457. Da 3 Memorandum TO: Mark McNeill, City Administrator , FROM: Terry Link, Shakopee Fire Chief CONSENT SUBJECT: Furnace and Air Conditioning Replacement Bid Award DATE: August 11, 1998 INTRODUCTION: The furnace and air-conditioning unit at the Shakopee Fire Station 50 (2nd Ave. Station) covering the office and lounge areas has been inoperative for about 2 years. We were given direction to obtain bids for the repair. Two bids have been received for the replacement of the defective unit. One bid is from Associated Mechanical Contractors, Inc. and the second is from Ries Heating and Sheetmetal. The results are as follows: 1. Associated Mechanical Contractors Inc. $4750.00 2. Ries Heating and Sheetmetal $4475.25 Both bids reflect similar replacement jobs and warranties. There is money in the Building Maintenance Budget for replacement. RECOMMENDATIONS: We recommend accepting the bid from Ries Heating and Sheetmetal for$4475.25 and proceeding with the unit replacement. T-oy-a- 1-----6,__ / Terry L Fire Chief Documcnt9 15'. 6.1. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Off Sale Liquor License and Tobacco License - Crossroads Liquor of Shakopee, L.L.C. DATE: August 12, 1998 INTRODUCTION: City Council is asked to consider the applications from Crossroads Liquor of Shakopee, L.L.C. for an off-sale intoxicating liquor license and for a cigarette license. BACKGROUND: Mr. Paul Schindler has made application for an off-sale intoxicating liquor license, under the name of Crossroads Liquor of Shakopee, L.L.C. , as well as a tobacco license. The new liquor store will be located at the Crossroads Center in the building east of Cub Foods. The applications from Mr. Schindler are in order. The evidence of liquor liability is on order and will be required prior to the delivery of the license. The customary background investigation was conducted by the police department . The investigation provided nothing in the applicant' s background to preclude the licenses from being granted. RECOMMENDED ACTION: Move to approve the application and grant an off-sale intoxicating liquor license and a tobacco license to Crossroads Liquor of Shakopee, L.L.C. , 1278 Vierling Drive East, effective October 15, 1998, conditioned upon the submission of evidence of liquor liability insurance. h:\judy\crosroad /5,E CITY OF SHAKOPEE Memorandum TO: Mayor and Council EDA Commission Mark McNeill, City Administrator, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: Resolution No. 4959/98-5 Modifying TIF District #10 Budget DATE: August 10, 1998 Introduction & Background Attached is a resolution prepared by bond counsel . It updates the budget for TIF District #10 - River City Centre. Currently, the budget is simply a total expenditure amount and the modification breaks the amount down to finer detail with updates for how the project has progressed. Action • Council Offer Resolution No. 4959 A Resolution Modifying Tax Increment District Financing Plan for Tax Increment District No. 10, and move its adoption. EDA • Offer Resolution No. 98-5 A Resolution Modifying Tax Increment District Financing Plan for Tax Increment District No. 10, and move its adoption. U an regg oxld Finan e Director I:\finance\docs\taxinc\#10bud1 CITY OF SHAKOPEE RESOLUTION NO. 4 9 5 9 RESOLUTION MODIFYING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 BE IT RESOLVED by the City Council ("Council") of the City of Shakopee, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The City approved the creation of Tax Increment Financing District No. 10 ("TIF District") and a Tax Increment Financing Plan ("TIF Plan") for that district, by resolution No. 4326 approved November 8, 1995, all in accordance with Minnesota Statutes, Sections 469.174 to 469.176 (the "TIE Act"). 1.02. Under Section 469.175, subd. 4 of the TIF Act, the Authority is authorized to modify the Tit, Plan without the notice and approval procedures required for approval of the initial plan if the modification does not involve: reduction or enlargement of the geographic area of the district, increase in the amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the Authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the Authority. 1.03. The Authority and City have determined a need to modify the description of tax increment expenditures without increasing the total estimated budget or total bonded indebtedness in the 'IIP Plan, and a need to clarify and modify the plan objectives and specific development activities. 1.04. The City has reviewed a document titled "Modification No. 2 to Tax Increment Financing Plan for Tax Increment Financing District No. 10," dated August 18, 1998. Section 2. TIF Plan Modified. 2.01. The TIN Plan modification as presented to the Council is approved. 2.02. Authority staff are authorized and directed to maintain a copy of the '111i Plan modification with Authority's files for the'HP District, and to transmit a copy of the modification to the Scott County Auditor and to the Department of Revenue,for information purposes. SJB-147532 SH235-2 Approved by the City Council of the City of Shakopee this 18th day of August, 1998. Mayor A F1'1 ST: City Clerk SJB-147532 SH235-2 2 MODIFICATION NO.2 TO TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10 August 18, 1998 I. Background The City of Shakopee ("City") and its Economic Development Authority ("Authority") established Tax Increment Financing District No. 10 (the "TIP District") on November 8, 1995 and modified the Tax Increment Financing Plan ("1'1P Plan") on October 7, 1997 in order to clarify and update the development plans and proposed expenditures. The City and Authority have determined to modify the HP Plan again in order to specify expenditure categories that were not available at the time of the October 7, 1997 modification. The modification does not increase the total expenditures or bonded indebtedness authorized in the original '1'lli Plan. The TIF Plan remains in full force and effect and is not modified except as described in this modification document. II. TIF Plan Modifications The following section of the TIF Plan is modified as shown: 7. Project Cost. Modified to read as follows: The Authority intends to fmance various costs in connection with development of the housing and commercial facility in the TIF District owned by the County HRA, which constitutes both a "housing development project" under Section 469.002, Subd. 15 of the HRA Act and a publicly-owned "redevelopment project" under Section 469.002, Subd. 14. Such costs include: Building acquisition/construction (County HRA-owned housing and commercial facility) $1,373,373 Streets/Sidewalks 22,814 Parking facilities 269,400 Administration(including costs of issuance) 106,595 Capitalized interest 156,740 Debt Service Reserve 240.150 TOTAL $2,169,072 Bonded indebtedness secured by tax increments may be incurred to finance such costs in an amount not to exceed$2,750,000 (as specified in the original TIP Plan). The Authority and City currently expect to pledge tax increments and the City's general obligation to pay bonds issued by the County HRA, provided that the principal amount of bonds secured by such pledge will not exceed the amount specified above. Amounts shown by category are estimates which may vary without further modification of this Plan so long as the total expenditures do not exceed the total listed above. SJB-147531 SH235-2 The City and Authority specifically find that all identified costs constitute costs of correcting the conditions that allow designation of redevelopment districts, within the meaning of Minnesota Statutes, Section 469.176, subd. 4j. All buildings in Blocks 3 and 4 met the requirements for inclusion in a redevelopment district at the time the '111 Plan was approved in 1995. The entire joint-powers effort between the City, Authority and County HRA constitutes correction of the blighted conditions, including acquisition, demolition, clearance, and development of the public housing and commercial facility needed to revitalize this critical site in downtown Shakopee. Tax increments available from other tax increment financing districts in the Redevelopment Project or other available moneys may be used to finance costs identified above, either on a temporary basis to be repaid with tax increments from the 'Im District, or permanently; provided that any repayments from the TIE District will be made within the total bonded indebtedness budget described above. Besides tax increment expenditures as described in this plan budget, the project will be financed with proceeds of bonds secured by other sources, including project revenues, the County HRA tax levy, and the City's general obligation pledge toward the housing portion of the facility under Section 469.034 of the HRA Act. 2 r 1 111 lc. E. 3 . TO: Mark McNeill, City Administrator r CONSENT FROM: Gregg Voxland, Finance Director a. -.J SUBJ: 1999 Assessing Contract DATE: August 10, 1998 • Introduction Council approval for an assessing agreement with Scott County for 1999 is requested. • Background Attached is the proposed assessment agreement for 1999 . The amount is increased from $44, 100 to $51,400 . The number • of parcels in Shakopee was 6, 305 last year and 6, 856 this year. This is a 6 .4% increase in the per parcel cost while - i last year was a 2 .3% decrease. Also authorized by the Legislature is the option to transfer Board of Review duties and powers to the County Board of Equalization. The transfer can be permanent or for a specified number of years . There is a three year minimum for the transfer. Action Move to authorize the proper city officials to execute the assessment agreement with Scott County for the 1999 • assessment year in the amount of $51, 400 . L•li regg Voxland Finance Director is\finance\docs\gregg\assess99 SCOTT COUNTY ASSESSOR COURTHOUSE 112 - idUff 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1381 (612)496-8115 LEROY T. ARNOLDI Fax: (612)496-8135 ASSESSOR E-Mail: lamoldi@co.scott.mn.us July 23, 1998 Mark McNeil, Administrator City of Shakopee 129 S Holmes Street Shakopee, MN 55379 Dear Mark; Enclosed you will find one original document of the Agreement for Joint Assessment for the assessment year 1999. Please read and sign in the appropriate area on the second page. Return to the Scott County Assessor's office by October 15, 1998, so that we may pass the agreement to the County Board for approval. We will send you a copy of the agreement after all signatures have been obtained. In addition, as part of the 1997 Omnibus Tax Bill, CHAPTER 231, ARTICLE 2(H.F.2163: 1997 Omnibus Tax Bill) Section 23-, the town board of any town or the governing body of any city is allowed to transfer its Board of Review powers and duties to the County Board of Equalization and no longer function as the Local Board of Review. The signing of the above-mentioned Agreement for Joint Assessment does not transfer any of the duties of the local Board of Review to the County Board of Equalization. This can only be done by an approved resolution from your board. A transfer of duties must be communicated in writing to the assessor before December 1 of any year to be effective for the following year's assessment. The transfer may be permanent or for a specified number of years, but the transfer cannot be for less than three years. A town or city may renew its option to transfer. This option to transfer duties is only available to a town or city for which assessments are performed by the county. If I can be of any assistance relative to this legislation, feel free to call. Sincerely, cd4.4-4- 17 et•AA414: Leroy T. Arnoldi Scott County Assessor LTA/dh ENC./1 An Equal Opportunity/Safety Aware Employer AGREEMENT FOR JOINT ASSESSMENT BETWEEN THE CITY OF SHAKOPEE AND THE COUNTY OF SCOTT THIS AGREEMENT is made and entered into by and between the City of Shakopee and the County of Scott, State of Minnesota, pursuant to Minnesota Statute 273.072 and Minnesota Statute 471.59. WHEREAS, the City of Shakopee wishes to enter into an agreement with the County of Scott to provide for the assessment of the property in said City of Shakopee by the County Assessor's office; and WHEREAS, it is the wish of said County to cooperate with said City of Shakopee to provide for a fair and equitable assessment of property; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED AS FOLLOWS: 1. That the City of Shakopee which lies within the County of Scott and constitutes a separate assessment district, shall have its property assessed by the County Assessor of Scott County, for the assessment year 1999. All work done necessary to the establishment of the estimated market value for each parcel shall be performed by the Scott County Assessor or by one or more of the licensed assessors under his direction and supervision. 2. It is hereby agreed that the City of Shakopee and all of its officers, agents, and employees shall render full cooperation and assistance to said County to facilitate the provision of the services contemplated hereby. 3. In consideration for said assessment services, the City of Shakopee hereby agrees to pay the County of Scott the sum of$51,400.00, such payment to be made to the County Treasurer on or before July 15, 1999. 4. The County agrees that in each year of this Agreement it shall, by its County Assessor or one or more of his appraisers, view and determine the market value of at least twenty-five percent (25%) of the parcels within this taxing jurisdiction. It is further agreed that the County shall have on file documentation of those parcels physically inspected for each year of this agreement. 5. It is understood by the parties that, pursuant to Minnesota Statute 273.072, this Agreement for Joint Assessment must be approved by the Commissioner of Revenue, State of Minnesota. 6. The assessor shall submit a written annual report to the city council at the time of the Board of Review but no later than the submission of the proposed contract for the following year. Such report shall include data for the concluding year and the previous year showing the number of parcels in the city, the number of parcels physically visited by assessing personnel during the contract year, the number of appeals of valuations and any comments the assessor may wish to convey to council relating to the work effort put forth. IN WITNESS WHEREOF, the City of Shakopee has executed this agreement by its Mayor and City Administrator by the authority of its governing body and the County of Scott has executed this agreement by its Chairperson, County Administrator, and County Assessor pursuant to the authority of the Board of Commissioners intending to be bound thereby. City of Shakopee: Mayor Date City Administrator Date City Clerk (if applicable) Date County of Scott: Chairperson Date County Board of Commissioners County Administrator Date Leroy T. Arnoldi, Date County Assessor This agreement is hereby approved by the Commissioner of Revenue, State of Minnesota on this day of , 19 . Commissioner of Revenue, State of Minnesota Approved as to form: Thomas J. Harbinson, Scott County Attorney )5-: E. Y. CITY OF SHAKOPEE r Memorandum CONSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Tax Forfiet Property DATE: July 30, 1998 Introduction Council is asked to decide of the city wants to acquire any tax forfiet parcels. Background Various parcels in the city of Shakopee are in tax forfiet status. The county has inquired of the city wishes to acquire any of the parcels. The details follow: • Lot 5 block 25 - single lot on the NE corner or 2nd and Spencer. • Lot 7 block 35 - single lot south of Second Ave between Shumway and Apgar. • Lot 8 block 35 - single lot south of Second Ave between Shumway and Apgar. • Interior minor portion of a lot between 3rd and 4th and Fuller and Holmes. • Outlot B, Valley Mall First Addition - narrow strip of land on the north west side of the mall - maybe the roadway. • Government lot 4, section 6, twp 115, range 22 - Bill Hauer parcel north of Superamerica. • Very narrow strip of land running east and west south of Country Village apartments and the Junior High. Staff has identified no use for all the parcels except the last one. It is a strip 16 . 5 feet wide along the Upper Valley Drainage Way/park. It would provide for some additional park space and maintenance manuvering room with very little additional maintenance cost (mowing) . Cost to acquire would be about $50 . 00 for fees, etc. The requested resolution also askes the county to add to the sale price of the parecls, the balance of special assessments outstanding. Alternatives 1. Delare no interst in any of the parcels but add the special assessment to the sale price. 2 . Delare no interst in any of the parcels except the strip along the Upper Valley Drainage Way. 3 . Other combination of parcels. Recommendation Staff recommendation is to acquire only the strip along the Upper Valley Drainage Way. If Council does not want to acquire this parcel, action should be to direct staff to bring back an amended resolution for the special assessments only. Action Offer Resolution No. 4960 A Resolution Requesting Conveyance of Tax Forfiet Parcel 27-907011-0 to the City of Shakopee. 4Y. g. tox a d Fina ce Director C:\gregg\taxfor98 Resolution No. 4960 A Resolution Requesting Conveyance of Tax Forfiet Parcel to The City of Shakopee Whereas various parcels in the City of Shakopee have been identified by the County Auditor as tax forfeit, and Whereas the City may apply for conveyance of parcels to the City, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City requests conveyance of parcel number 27-901011-0 to the City. Other parcels identified as tax forfiet by the County Auditor as of June 16, 1998 are of no interest to the City. BE IT FURTHER RESOLVED the the special assessments against the following parcels are requestd to be added to the sales price. 27-001194-0 $ 2, 943 .44 27-001283-0 1, 591 . 68 27-001284-0 1, 626 . 53 27-001346-1 - 27-093004-0 - 27-906008-0 11, 144 . 27 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1998 . Mayor of the City of Shakopee Attest : City Clerk 1 Es CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Changing September 15, 1998 Meeting Date DATE: August 10, 1998 INTRODUCTION: City Council is asked to consider changing the September 15, 1998, City Council meeting date to September 14, 1998 . BACKGROUND : The adjourned regular meeting of the City Council falls on September 15 . This is also the date of the State Primary Election. State law prohibits meetings of government bodies between the hours of 6 :00 p.m. and 8 : 00 p.m. on the day of an election. September 15 is also the last day to certify to the County the preliminary budget for 1999 . It is recommended that the City Council change their September 15 meeting date to September 14 at 7 :00 p.m. RECOMMENDED ACTION: Direct staff to take appropriate action to insure that the regular September 1, 1998, meeting is adjourned to Monday, September 14, 1998, at 7:00 p.m. • uof J. J • th S. Cox City Clerk )5: I L . MEMORANDUM CONSENT .r TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Transfer of Assessments to New Parcels for Townhomes in South Parkview 3rd Addition DATE: August 12, 1998 INTRODUCTION: Attached for City Council consideration is Resolution No. 4969 which transfers special assessments to new parcel numbers for lots within the South Parkview 3rd Addition Townhomes Common Interest Community. BACKGROUND: The CIC documents for lots in South Parkview 3rd Addition have been recorded. The original parcel numbers for these lots have been replaced with new parcel numbers. City Council is asked to adopt Resolution No. 4969 transferring the special assessments to the new parcel numbers in order that they can be put on tax statements. RECOMMENDED ACTION: Offer Resolution No. 4969, A Resolution Transferring Assessments to New Parcel Numbers Within CIC No. 1064 South Parkview 3rd Addition Townhomes (Originally Known as Parcels 27- 232002-0 through 27-232024-0) , and move its adoption. 'Ai. 4 , o,)( C't Clerk h\judy\appmemo.sp RESOLUTION NO. 4969 A RESOLUTION TRANSFERRING ASSESSMENTS TO NEW PARCEL NUMBERS WITHIN CIC NO. 1064 South Parkview 3rd Addition Townhomes (ORIGINALLY KNOWN AS PARCELS 27-232002-0 THROUGH 27-232024-0) WHEREAS, on March 2, 1998, Resolution No. 4859 adopted by the City Council levied revised assessments against properties benefited by the 1994-7 Vierling Drive improvements from County Road 15 to Presidential Lane; and WHEREAS, parcels numbered 27-232002-0 through 27-232024-0 benefited by the said improvement have been reassigned parcel numbers as the result of the filing of CIC documents with the County Recorder; and WHEREAS, it is the desire of the City Council to transfer the installments remaining unpaid against parcel numbers 27-232002-0 through 27-232024-0 to parcel numbers 27-247002-0 through 27- 247024-0 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1998 payable remaining balance of assessments for the 1994-7 Vierling Drive Improvement Project for parcels 27-232002-0 through 27-232024-0 are hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Number 4859 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998 . Mayor . City Clerk h\judy\app-spk3 V Ni -4 Or 0 N N N N N N N N O -0_ O O O O O O O O p -1 (o 000 N (91 4 W N Z O O O O O Co O O O z Z Z V V Ni Ni Ni v mC -I N Ni Ni N Ni Ni Ni Ni < O V V V V V V V V l'i m o 0 0 0 0 0 0 0 0 Cn (o co -.I Cn Cn -p. W N Z m O O O O O O O O O C) F:. 0.) Ccn - 0 U — CCn — Cn - C (n — Cn — CCo - 0 - Ni ( SNiCD - NiICD ? 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N 0 L Cl) O L Cn 0 C_ 0 0 C_ N fn cmc -C3CDc_ cmc cmc CDC_ � m � cmc. m CDco CD� msp DccooQe CD CD mm � CD CD mmQO Cl) - o m 0 m 0 CD o CD 0 m 0 CD 0 m p = m p = m P = m p = a-, > > m p = a-T, p = m O z � � � � = eco = ai0) M Ecom 000 = cnCD = wm O wm C) Wm C) wm O w C) w0 C) W O Z Cn � CD r - m r 1 0 r -4c(u r -4 m r CD r a r m O CO 5 cD 7 CO 7 CO 3 c0 5 c0 3 CO(05 (055 730 o m cx -1 _ m co .tel E iO 0 0 0 o 0 0 X c c c 1- 0 S S S S S = 0 vN v a) mv a) m ai aa) o * * * * * * z* 0 z 0 n D CD CD m fn CJ) 0 .69 in 69K m -A :p -N z 0 CO CO CO CO CO CO CO OCO W W W W WCO W MEMORANDUM CONSENT CITY OF SHAKOPEE ---J MEMO TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment of Election Judges DATE: August 12, 1998 INTRODUCTION AND BACKGROUND: Minnesota State Statutes require that election judges be appointed by the governing body prior to the election. The attached resolution appoints judges for the September 15 Primary Election. All judges have been contacted and have agreed to attend the required training session and to work for the election. RECOMMENDED ACTION: Offer Resolution No. 4972, A Resolution Appointing Judges of Election and Establishing Compensation,and move its adoption. [i:\clerk\bev\election\election.res] T RESOLUTION NO. 4972 A RESOLUTION APPOINTING JUDGES OF ELECTION AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,THAT: 1. The following persons are hereby appointed Judges of Election for the September 15, 1998, Primary Election for the eight polling precincts within the City of Shakopee designated in Resolution No.4407,adopted March 12, 1996. FIRST PRECINCT: Dorothy Breimhorst Winnie Anderson. Chair Regular Judges Vella Gould Claude Kolb Hazel Ecklund Evelyn Weckman SECOND PRECINCT: Bob Nieters Marcy Schmidt(Chair) Regular Judges Marilyn Lang THIRD PRECINCT: Jerry Klein Maetta Jurewicz(Chair) Regular Judges Don McNeil Pat Schoers Ann Eva Kubes FOURTH PRECINCT: Edna Wangerin.Chair Marge Bischoff Regular Judges Pat Clemens Murial Koskovich FIFTH PRECINCT: Virgilla Geske.Chair Carol Link Regular Judges Joan Hart Betty Dols SEVENTH PRECINCT: Lillian Weinandt Kim Mueller(Chair) Regular Judges Carla LaBarbera Reuben Patrikus EIGHTH PRECINCT: Betty Teich Lenore Johnson Regular Judges J e Douglas Joanne Coller Claudia Meyer(Chair) 2. The Election Judges shall be compensated for their work at the rate of$5.50 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $6.00 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms,intents,and purposes of the Resolution. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 18th day of August, 1998. Mayor of the City of Shakopee A 11'hST: City Clerk [I:clerk\bev\election-election.res] -2- RESOLUTION NO. 4972 A RESOLUTION APPOINTING JUDGES OF ELECTION AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,THAT: 1. The following persons are hereby appointed Judges of Election for the September 15, 1998, Primary Election for the eight polling precincts within the City of Shakopee designated in Resolution No.4407,adopted March 12, 1996. FIRST PRECINCT: Dorothy Breimhorst Winnie Anderson.Chair Regular Judges Vella Gould Claude Kolb Hazel Ecklund Evelyn Weckman SECOND PRECINCT: Bob Nieters Marcy Schmidt(Chair) Regular Judges Marilyn Lang THIRD PRECINCT: Jerry Klein Maetta Jurewicz(Chair) Regular Judges Don McNeil Pat Schoers 1 Ann Eva Kubes Jan Gerold Cr ,1 Siebenaler ape FOURTH PRECINCT: Edna Wangerin.Chair Marge Bischoff Regular Judges Pat Clemens Murial Koskovich FIFTH PRECINCT: Virgilla Geske.Chair Carol Link Regular Judges Joan Hart Betty Dols SEVENTH PRECINCT: Lillian Weinandt Kim Mueller(Chair) Regular Judges Carla LaBarbera Reuben Patrikus EIGHTH PRECINCT: Betty Teich Lenore Johnson Regular Judges June Douglas Joanne Coller Claudia Meyer(Chair) 2. The Election Judges shall be compensated for their work at the rate of$5.50 per hour and the Chairperson of the Election Judges shall be compensated at the rate of $6.00 per hour. 3. The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms,intents,and purposes of the Resolution. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 18th day of August, 1998. Mayor of the City of Shakopee A r1'hST: City Clerk [I:clerk\bev\election-election.res] -2- CITY OF SHAKOPEE )$. a-. - Memorandum TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: Cellular Phone Service DATE: August 11, 1998 INTRODUCTION: The Council is asked to approve participation for its employees in a group corporate rate for cellular phone service. BACKGROUND: The Police Chief has done research on the possibility of getting a group corporate telephone rates for cellular service. One such vendor,AirTouch Cellular, appears to offer a service and price which is very competitive on a government contract basis. The proposal from AirTouch is that City employees, including elective officials,would be able to purchase cellular phone service based on one of two packages: 1. $6.95 per month, with 30 minutes of free air service. 2. $25.00 per month for 180 minutes of free service. The majority of these would be for personal use; the City does have other plans for business cellular phones, but will review those agreements to see if this option is preferable. Their proposal is attached, including ancillary charges. The package would require that new phones be purchased by the participants through AirTouch Cellular;pricing begins at$45. In order to obtain the favorable rate,AirTouch requires that the City pay a single composite bill. City employee payments for cellular phone service would be deducted from bi-weekly payroll. In order to cover the City's administrative time on this, each employee who wanted to receive the service would be required to sign a contract that would authorize the payroll deduction and any other costs associated with the service. A$.50 per month fee would also be added to the payroll deduction to pay for staff time involved in the payroll process. PHONES.DOC This way,there should be no net expense to the City;we would also require that,to be consistent with other payroll deduction programs,that a minimum of 10 City employees be required to sign. up before this would be activated. This program would be a precedent, in that the City hasn't done payroll deductions for other product services before -the deductions have been limited to such things as insurance and deferred compensation. RECOMMENDATION: I recommend that the Council authorize a contract with AirTouch Cellular,provided a minimum of 10 employees are willing to sign a contract for payroll deduction,to include $.50 per month handling by the City. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the contract with AirTouch Cellular for employee phone service. ` M Mark McNeill City Administrator MM:tw PHONES.DOC 07/27/98 NON 14:08 FAX AIRTOUCH CELLULAR Z002 Government Contract Pricing (Page 1 of 2) Air---44iNk , AItToucir Monthly Service OPTION#1: Monthly Service OPTION#2: I .00 Month (STAT) $6.95 Month * , . t be accompanied by a * Includes 30 Minutes of Local Airtime parr ,�.a order. {Non-Powerband ) MV30) I r *OR 40 Minutes of Local Airtime and PER MINUTE • TES: FREE Caller ID with a Powerband 1 All Peak Minutes.... . $ 0.30 DIGITAL Phone (GD30) 1 All Off-Peak Mints '...... ..... S 0.15 (PEAK 31-120 Minutes $ 0.21E MINUTEs.; 121-300 Minutes S 0.19' + This plan i be offered exclus .ly to ' 301-400 Minutes S 0,18' J provide 'ce for disaster recov 401-600 Minutes S 0.17 and , ergency rescue vehicles such as 601+Minutes.. S 0.15 ' fife,police,and ambulance services. All Off-Peak Minutes..... S 0.10 + Full-minute billing increments. + Monthly service is billed in advance.This charge will not be refunded for termination of a subscriber's billing cycle. 1 Peak Time: 7 a.m. to 6 pan., Weekdays Off-Peak Time: 6p.m.to 7am., Weekdays,All Day Weekends dE Holidays i Features Included with Plans (?phonal Features + Call Forwarding No Charge + Caller ID(Non-Powerband5M) $3.95/Mo. Immediate,No Answer + VoiceMail $4.95/Mo. + Call Waiting No Charge + MegaPhone Messaging .... $9.95/Mo. + Conference Calling No Charge + MR RESCUE Roadside Service... $2.95/Mo. + Detail Billing No Charge + Cellular Phone Insurance 52.95/Mo. + Automatic Call Delivery... No Charge *$2S deductible for mechanical/electrical failure Roaming Charges still apply '$3S deductible for stolen/lost per occurrence + Toll Restriction No Charge + PowerbandsM Messaging $7.95/Mo. + Unlisted Directory No Charge *YoiceMail with new message notification + International Calling Restricted *Callback number paging Contact Customer Service 24 hours in advance + Powerbandsm Text Messaging $12.95/Mo. to Initiate ifyou wish to make international *All the features of Powerbandsm Messaging and calls.(You will only need to do this once.) *105 character text messaging capabilities I To Set Up Service, Fax Your Order to: (612) 397-7245. For specific questions, please call Sonia at(612) 595-2614. 07/27/98 ?MON 14:08 FAX AIRTOUCH CELLULAR 003 7 F Government contract Pricing Contd (Page 2 of 2) jeri.-~N AiiTouci { Monthly Service OPTION#3: Monthly Service OPTION#4: $25.00 Month 0.00 Month (G500) * Includes 210 Minutes of Local Airtime *I des S00 Minutes of Local : 'me (Non-Powerband sm) (G210) i and F Caller 1D with =,werband sm * QB 210 Minutes of Local Airtime and FREE Caller ID with a Powerbandsm Per Minute R DIGITAL Phone (GD21) Peak Rate/Min $ 0.10 Off-Peak ; . Mute $ 0.10 Per Minute Rates: 211+Minutes.. $ 0.17 ♦ T,' plan Ls available ONLY •th All Of-Peak Minutes S 0.10 urchase of a Powerbandsm DIG Phone. / + Full-minute billing increments. + Monthly service is billed in advance.This charge will not be refunded for tcnnination of a subscriber's billing cycle. Peak Time: 7 a.m.to 6 p.m., Weekdays Off-Peak Time: 6 p.m.to 7 a.m., Weekdays,All Day Weekends&Holidays Features Included with Plan Optional Features + Call Forwarding No Charge + Caller ID(Non-Powerbands"') .. $3.95/Mo. Immediate,No Answer + VoiceMail $4.95/Mo. + Call Waiting No Charge + MegaPhone Messaging $9.95/Mo. + Conference Calling . No Charge + MR.RESCUE Roadside Service $2.95/Mo. t Detail Billing No Charge t Cellular Phone Insurance $2.95/Mo. ♦ Automatic Call Delivery No Charge *525 deductible for mechanical/electrical failure Roaming Charges still apply '$35 deductible for stolen lost per occurrence + Toll Restriction No Charge + Powerbands"Messaging $7.95/Mo. ♦ Unlisted Directory No Charge *VoiceMail with new message notification + International Calling Restricted *Callback number paging Contact Customer Service.24 hours in advance + Powerband`"Text Messaging . $12.95/Mo. to initiate if you wish to make international *A11 the features ofPowerband ser Messaging.and calls.(You will only need to do this once.) *105 character team messaging capabilities To Set Up Service, Fax Your Order to: (612)397-7245. For specific questions, please call Sonia at (612) 595-2614. 07/27/98 NON 14:09 FAX AIRTOUCH CELLULAR Ij004 je011r—"N ', rr f A l A115116 PLEASE REFER TO YOUR ORDER A I R T O U C H1 FORM FOR MORE DETAILS, TERMS&CONDITIONS. - - AIRTIME PRICE PIANS \1I' taus / WDI ION4F 11INUTES PRRtTF f)(AN rvct t 011) tii0`TH1_\ 111 PEAK OFF t 1 iK O GV30 30 $6.95 Tiered $0.10 0 6210210 $25.00 $0.17 $0.10 , EQUIPMENT SPECIALS Raking Good Through Aught 31, 1998 AUDIOVOX MOTOROLA NOKIA MOTOROLA REMBA9ER TO ORDER 1 ; POOR ADDRTOl4L w Oil ACCESSORIES!!! 7.7 ► 0o c 152502 112301 182252 .b,: 1 •:. .1... 112393 123933 g;N:1.4-tb4 N4dp .�R i;,, xNx, ZNI. gl fir w ,..� x�.a..IpnNNiIt7 ^�'� °MY.4 �wwl;yn.L, Nu*5' r ,I ,9f,nx: :N.: � a .hr ,a;+i; �y _nCt"L;y r » » ,-i. ..I" 51111,1 .:auviswinai , .„"..'I'I........:I..,.u,1.u.n.•v1'•I.,I.....x�.n...,n,.,».I.......I.n.u,l.n..,,.l.i.n..l..,.��.1•., .1....•.I•x......................u..,.r.••.x.,.....,....r..».....n.l.....,.....»...x.r....,.r......1...........1..,,....la... ..,,'..n..'.r,..,,.r.'.,»..,.,.,.i,.n. »»....II11•r•.•':::.+..1............... tSPFC/-II PRI(T $45 $99 $109 $299 Regular List Price S83 5118 $130 $306 'Warranty 1 Year 1 Year 1 Year 1 Year Battery Standard NIMH Slim NIMH Standard MIi Slim Li Ion Talktime/ 120 Min TT 60 Min TT 120 Min TT 60 Min Tr iStandby Time 20 Hrs STBY 11 Hrs STBY 18 Hrs STBY 12 Hrs STBY 'Weight 8.1 oz 7.7 oz 6.2 oz 3.6 oz :Charger AC Rapid Overnight Overnight AC Rapid Memo Locations 25 Numeric 20 Numeric 125 i..:-Numeric 99 Alpha-Numeric .. :7- 7..w...,-v:..,<..1. m.:.:•;a3o::."o: ...,,r.,.,•.,.,r•,.o.,;,"•'•''' i,7,:':i,:x�:.,• .r},.•x ,l,-,.:nr%na% '9.; ..,4 d•11 41,=:::n,l•nn::•.::: :::<G a•x::-:,L ly na' .,,,,. ,,, ,'1: #;.,,,.HJ' „+` 1'' •.. 'I' :.ifi'X ;:, .IA, +'•+ ,S' ..! r„ + t \ I II. I,.I I.n.1 . ,11.1.1.11 I.:II..n „L.1 .Iu1,1:,,,I•u1,rnSl:r,,yl,".a..,I...n,•nl,nl;ll-,aiiiii:•.. ',::.;;;,:!1';:.ai: �:f.'i' i 1"l:S" i:;ff;GCiay'.`j.Ce,l, _.,..� 1•, i 9 'r�rd , :. ( ,.!.. ,iAl,, ,.,,,,,� ,+u,tax! „,r G�' I , � .,., ................ :::',.:':::::,!:-.:.:::4 1 ,,. Cig Light Adapter 395548 399626 395549 399523 $19 $24 $20 $45 ` Leather Case 357405 317577 395755 Holster Included n $2.2 $22 $22 NA Gov't Entity Pricing CITY OF SHAKOPEE IS. E. Memorandum i TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: Contract Awards -Tree Trimming, Stump Grinding DATE: August 13, 1998 INTRODUCTION: The Council is asked to approve contracts for storm-damaged related tree trimming and stump grinding. BACKGROUND: Public Works Supervisor Michael Hullander has sought quotes for the grinding of approximately 150 trees which are the results of May 30th storm damage. The stumps are located in City parks, and in the public right-of-way. Three quotes were received,the results were as follows: Chuck's Tree and Landscaping Services $1.62 per inch Marty's Tree Stump Removal $1.98 per inch Paul Bunyan Tree Service $2.25 per inch Based on an estimated 5,280 inches,the cost of this contract will be $8,554. Note that the above costs includes grinding,removal of the resulting chips and other material, backfilling with black dirt, and seeding. Neighboring property owners will be encouraged to assist in watering, so that the grass seeds take root. In addition, damaged branches to the same right-of-way trees remain that are beyond the capability of City crews to reach. Quotes were also sought for that;the results of which were as follows: Chuck's Tree and Landscaping Services $60 per tree Curt Cole Tree Service $80 per tree Paul Bunyan Tree Service $100 per tree Based on 218 trees,the cost for Chuck's would be $13,080. Chuck's was coincidentally the low quote on both; even combing the two will have an amount ($21,634)that will be less than the $25,000 contract limit that mandates formal competitive bids. TREES.DOC BUDGET IMPACT: As these are storm related, the request for reimbursement will be made to FEMA, and between 75%and 90%is expected to be reimbursed to the City. As an aside, the City will request reimbursement totaling $295,558 for all storm-related costs, from FEMA. RECOMMENDATION: We recommend that, based on the low quotes,that contracts for the stump grinding and tree trimming be awarded to Chuck's Tree and Landscaping Services. If approved by Council, stump grinding is expected to begin August 19th; tree trimming will begin the first week of September. ACTION REQUIRED: If the Council concurs, it should, by motion, award contracts for stump grinding and tree trimming to Chuck's Tree and Landscaping Services. IGO kaia Mark McNeill City Administrator MM:tw 1REEs.i)OC CITY OF SHAKOPEE 1 S. E• / Memorandum TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: Two Hour Parking Request-NAPA Auto Parts DATE: August 13, 1998 INTRODUCTION: The Council is asked to consider placing a two hour parking restriction in front of the NAPA Auto Parts store, 112 Third Avenue West. BACKGROUND: A request was received from the manager of the NAPA Auto Parts store for assistance in providing for customer parking. While all day parkers have been a problem in the on-street spaces in front of that store since the Courthouse construction project began,this situation was compounded recently when 15 minute parking restrictions were placed on the north and east sides of the Courthouse building. While NAPA does have some off-street spaces for its delivery trucks and some customer parking, the manager has requested the City to do what it can to create parking turnover so that customers may park at that location. Section 9.08, Subd. 2 reads as follows: "Designated Zones. The Chief of Police,may,when authorized by action of the Council, designate certain streets,blocks, or portions of streets or blocks as two hour limited parking zones and shall mark by appropriate signs any zones so established. Such zones shall be established whenever necessary for the convenience of the public or to minimize traffic hazards and preserve a free flow of traffic." The most logical alternative would be to place two hour parking restrictions in front of the store. This affects two parking spaces. At some time, and probably after the 5th Avenue construction is completed and the Justice Center opened, a more comprehensive review of the parking that is affected by the Courthouse will need to be done. NAPA.DOC RECOMMENDATION: I recommend that the Council authorize two hour parking restrictions be placed in front of 112 Third Avenue West. ACTION REQUESTED: If the Council concurs, it should,by motion, authorize the Chief of Police to designate the two spaces in front of 112 Third Avenue West as two hour parking. wl kaktAt Mark McNeill City Administrator MM:tw CC: Michael Hullander, Street Supervisor Rob Vanderhagen,NAPA NAPA.DOC WEST SECOND AVENUE r , --....—— —— /----—————7 1❑-1 7 `\ CITY PARKING I I I I I I LOT1%." _ I I POTENTIAL I PARKING 1 I I I I 100 SPACES —— ICITY/COUNTY �� ——F-7———II ( 1 DEVELOPED I I I I I I QIP i 1 I I I I 1 I 1 I MALL I 11E11E11 LiU,JM 1 ❑ 11 L WEST THRD AVENUE - __ ___ri__� -- NAPA F hLL-I I❑1❑I❑I I❑1 EIUILDING 1 W I I 1 1 11 p 1LI.II 1 1 ST. MARKS CHURCH I 1D I EXI:TING I l—_J—J CO _ 1 1 AND SCHOOL I O I ST. ;ARK __ __ __ I I I 0 1 100 SPACES I ( 1 1 l I I I I 1 1 I 1 I 1 I 1 1 1 1 1 _OLE I❑I 1❑I❑1❑i❑IElf ______ , , MST FOURTH AVENRJE � ,e a s a A Itwa it, i—.— .i' aee as e ,sn '=4 ti.1ail�s•�, ... 1 I I I J 250 SURFACE CAR ;F�_; . MIMEO PARKING SPACES rl I SURFACE PARKING IL - . IL 0 ,la 'VEST FIFTH AVENUE • , 1 e POTENTIAL , ---- --� -- -- S.F. PARKING A 25 SPACES r • / . I I I �.- .._._ i I I r r CITY OF SHAKOPEE )5 E. 1), Memorandum TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: Valley Green Sidewalk Escrow Interest DATE: August 11, 1998 INTRODUCTION: The Council is asked to consider interest payment for funds held by the City in a sidewalk escrow account for more than 12 years. BACKGROUND: Valley Green Business Park Project Manager Jon Albinson has contacted the City regarding the refund of a cash escrow,which was paid by Canterbury Park 2nd Addition in 1986. The reason for the escrow was to ensure the installation of sidewalks by the developer as defined in the Plan A Improvements in the Developers Agreement between Valley Green's predecessor and the City. All rights to the funds were transferred to Valley Green when the property was purchased in 1990. The sidewalk escrow account was established at the time Canterbury Park 2nd was platted, due to an anticipated need for walking access from Canterbury Downs to the race track -related development that was to surround the track. For the most part,that development did not occur, and, when Canterbury 5th was platted, it was with the finding that those walkway accesses were not needed. Therefore,the escrow was determined to be not necessary. The request for the refund of those dollars has been made, and was paid by the City in June. Valley Green subsequently asked whether the refund should also include interest. The developers agreement is silent on this specifically; however, standard City developer's agreements state that nominal interest should be applicable to the refund of the principal amount. Finance Director Gregg Voxland has looked at this, and believes that simple interest would be applicable. The developers agreement does address interest on cash placed in escrow to ensure payment of special assessments. It is determined by an amount 1% less than what the City would otherwise obtain on investments during that time. Obviously, interest rates from investments have varied greatly during the 12 year period. The Finance Director has gone back, and has determined that$6,960.25 would be an appropriate amount. ESCROW.DOC BUDGET IMPACT: If authorized by Council,the refund would be funded coming from the Investment Trust (interest) fund. RECOMMENDATION: We recommend that interest payment in the amount of$6,960.25 be paid to Valley Green Business Park. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize payment of$6,960.25 be made to Valley Green Business Park, as interest on the sidewalk escrow account from the Canterbury Park 2nd Addition. Mark McNeill City Administrator MM:tw ESCROW.DOC