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05/20/1997
TENTATIVE AGENDA CITY OF SHAKOPEE ti ADJ.REG. SESSION SHAKOPEE, MINNESOTA MAY 20, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 P.M. 2] Recess for an Economic Development Authority Meeting 3] Re-convene 4] Approval of Agenda 5] Approval of Consent Business- (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be a 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.) 6] Liaison Reports from Councilmembers 7] Mayor's Report 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *9] Approval of Minutes: April 15, and 28, 1997 *10] Approve Bills in the Amount of$1,415,999.62 11] Communications 12] 7:00 P.M. Public Hearing on the proposed vacation of utility and drainage easement within Lot 3, Block 1, Canterbury Park 1st Addition - Res. No. 4669 13] Recommendations from Boards and Commissions A] Preliminary Plat of Crossroads Center, located in the southwest corner of Vierling Drive and Marschall Road - Res. No. 4670 B] Rezoning from Agricultural Preservation (AG) and Light Industrial (I-1) to Low Density Residential (R1-A) and Urban Residential (R1-B) for property located south of Highway 169, west of County Road 18, and north of CR-16 'll C] Preliminary and Final Plat of Pinewood Estapes 2nd Addition-Res. No. 4667 TENTATIVE AGENDA May 20, 1997 Page -2- 14] General Business A] Community Development 1. Park 2000 Southwest Environmental Assessment Worksheet (EAW) - Res. No. 4674 2. Park 2000 Southwest Planned Unit Development No. 12, located east of Valley Park Drive and north and south of 12th Avenue extended - tabled 5/6 (Res. No. 4668) 3. Vacation of A Portion of Apgar South of 10th Avenue- tabled 5/6 (Res. No. 4662) 4. Preliminary Plat and Final Plat of Meadows North, located south of 10th, east of Apgar and north and west of Fuller Street-Res. No. 4660 *5. Set Public Hearing for Vacation of Quincy Circle-Res. No. 4672 6. Acquisition of MnDOT Right-of-Way at the Northwest Corner of CR-17 and the 169 Bypass B] Engineering *1. Completion of Probationary Period - Duane Toenyan 2. Hiring Engineering Technician II - memo on table 3. Vierling Drive Design Alternatives from CR-69 to Presidential Lane 4. Public Works Equipment Acquisitions for 1997 *5. Recycling Grant Program Agreement with Scott County for Spring Cleanup Day C] Police and Fire 1. Authorize Hiring A Police Officer-tabled 3/4 2. Hiring Procedures for Fire Fighters 3. Donation of Personal Water Craft *4. Fire Station Construction Change Order Procedures *5. Structural Testing - Fire Station D] Park and Recreation E] General Administration *1. Apportionment of Special Assessments for Samantha Woods - Res. No. 4671 2. 1998 Budget Calendar 3. Set CIP Joint Meeting with Planning Commission and Park& Rec. Board 4. City Hall Asbestos Removal 15] Other Business 16] Recess for an executive session to discuss labor negotiations 17] Re-convene 18] Adjourn TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITr IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Adjourned Regular Session Tuesday,May 20, 1997 1. Roll Call at 7:00 p.m. 2. Approval of the agenda 3. Approval of April 8,and April 28, 1997 minutes 4. RECOGNITION BY EDA OF INTERESTED CITIZENS 5. Financial A.)Approval of Bills 1. Business relocation claims for Blocks 3 &4 Project 2.Payment to Dulas Excavating 6. New Business: A.)Rehab Grant Program 1. Request from Olympic Pools for payment 2.Application-Eagle's Club/ Gestach B.)Blocks 3&4 Project 1. Change order for asbestos abatement 2. Set meeting time for work session 7. Old Business: A.)Signature piece/clock for Blocks 3 &4 redevelopment-Downtown Council 8. Informational Items: A.)Brambilla Property Taxes 8. Other Business: 9. Recess to discuss matters permitted under attorney client privelege 10. Re-convene 11. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA SPECIAL SESSION APRIL 8, 1997 Members Present: Henderson, Zorn, Link, and President Sweeney Members Absent: DuBois Staff Present: Mark McNeill, EDA Executive Director; R. Michael Leek, Community Development Director; Jim Thomson, City Attorney; Paul Snook, EDA Coordinator; and Judith S. Cox, EDA Secretary 1. Roll Call President Sweeney called the meeting to order at 6:30 P.M. Roll was noted as above. 2. Approval of Agenda Henderson/Link moved to approve the agenda. Motion carried unanimously. 3. Acquisition of old city hall buildings within Blocks 3 and 4 President Sweeney explained that the reason that the EDA desires to own the old city hall buildings is because they own all of the other buildings. Mr. McNeill explained that at their last meeting the City Council suggested selling the old city hall buildings to the EDA for $75,000. Mr. Snook explained that he put comparable sales together and based on that information the value of the old city hall buildings is about $160,800 and suggested a compromise price below that and zero and that the EDA pay the special assessments. Zorn/Henderson offered Resolution No. 97-6, A Resolution Authorizing The Purchase of The Block 4 City Hall Parcels From The City of Shakopee For The Blocks 3 and 4 Redevelopment Project, and moved its adoption. Motion carried unanimously. 4. Other business No other business was brought before the E.D.A. 5. Adjourn Henderson/Link moved to adjourn. Motion carried unanimously. The meeting adjourned at 6:38 P.M dit . ohc!EDA c Lary -.ording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA SPECIAL SESSION APRIL 28, 1997 Members Present: DuBois, Zorn, Henderson, Link, and President Sweeney Members Absent: None Staff Present: Mark McNeill, EDA Executive Director; Paul Snook, EDA Coordinator; Judith S. Cox, EDA Secretary; and Gregg Voxland, Finance Director 1. Roll Call President Sweeney called the meeting to order at 4:00 P.M. Roll was taken as noted above. 2. Accept Special Call Henderson/Zorn moved to accept the Special Call for an Executive Session. Motion carried unanimously. 3. Demolition of Blocks 3 & 4 - discussion of proceeding with backfill alternative Mr. Snook explained that Frank Dunbar, Dunbar Development (working with Scott County HRA on the development of Blocks 3 and 4), has requested that the demolition site be left open without backfill because there will be an additional cost to excavate the site once the proposed project starts. Considerable discussion followed. Zorn moved to direct the contractor not to backfill the demolition site at Blocks 3 and 4 and get the refund of$10,000 from the contractor. The motion died for lack of a second. No action was taken to delete the alternate bid of$12,400 for backfill from the contract. 4. Other Business No other business was brought before the E.D.A. 5. Adjourn Zorn/DuBois moved to adjourn. Motion carried unanimously. The meeting was adjourned at 4:22 P.M. Ju 4 ith S. Cox 'DA Secretary Recording Secretary CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: May 15, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 project for the period 05/03/97 to 05/15/97. Action Requested Move to approve bills in the amount of $2,491.51 for the EDA General Fund and $101,418.09 for the Blocks 3&4 Fund. H I 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 O 0 o o II H I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 II A1 . . . . . . . . . . . . . • 11 W I 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 O O o O II Lx I U I N O VU) 0 H HH 0 0 0 CO 0 H 0 0 al 01 0) 0 0 o H M O U) Ul U) O O N CO L` M U) 0 0 0 0 LD H Ol O O M a) H H H 0 In CO C` CO U) N If) CO c0 0) a) H N V N a) a\ a) al 0 d' N H LO O) CO N H H H O W M V' d, V• 00 m Ln V. 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H N U) Ln O Ln l0 U) CO M M VV U) 0 a) a) Co a) al a) CO al a0 0) 0) a) 0 W V' V' V V' V' V V' V V V' V' V V .h'. 0 U) U) U1 Ln 1.11 Ln U) U) U1 In LO U) Ln U Z 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N I-- C` N N N N N- 01 rn rn rn al rn O) a) al Ol (71 0) (7) O) al a) al a) al al a) al al a) a) a) al H H H H H H H H H H H H H \\\\\ \\\\\\\\ ✓ V d' V V N W V V V V N N Fri H H H H r-I o H H H H H o 0 H \\\\\ \\\\\\\\ K, Ln U) Ln Ln U1 U) U1 U) Ln U) U) U) U) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 * * K * * * H Ln a) O) al a) H M 0 M * H H H V' 0 '4 * O a\ * 17 00 H H U) H U' 0 0 0 0 0 0 0 0 X H 0 a CA H H N (NI M P Cl) [u HHHHHCOHH P4 CO Cs. 4 0 (•1 M CO M V 0 H CO M M M M M U1 U) 0 H El U VV V' r V, 0 H OO <r � d, w V' V1v' V' 0 > Il' 0 124 H 0 E-' 0 HHHHH a 0 rs. a) ofrnmao) ala) a A [ a) a) a) a) a) M M CO M M M M M 0 a HHHHH LL' I:/: a d V' V, V' V' V• V, V, P a 0 0 0 0 0 0 0 FC O) al al a) a) al al a) 0 0 4 .7 rt. r=.. H G-' Ci. H .24 H al al a) O) a) 0 0 0 0 0 0 0 0 0 0 HHHHH a a H 0 0 0 0 0 0 0 0 a a ElK 0�j in in Ln Ln U) E-, f *K E -I - a) a) a) a) a) al a) a) E� � * -1 EK-1 - 4, Z H H H H H 0 0 -K M M M M M M M M 0 0 * -K Cz, H H H H r1 H H K V' V V' V' V' V' V' V' H H K s•-• A. I CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook,Economic Development Coordinator SUBJECT: Business Relocation Claims for Shakopee Antiques, The Antiquated Place, and Tin Horse Antiques DATE: May 13, 1997 Introduction: Attached for the EDA's review are business relocation claims totaling$206.10 for the three businesses referenced above. Action Requested: Offer and pass a motion approving the business relocation claims for Shakopee Antiques, The Antiquated Place, and Tin Horse Antiques. Paul Snook Economic Development Coordinator rlclaimo.doc -CO WOT I roc. 4725 Excelsior Blvd. Suite 200 Minneapolis. MN 55416 (612) 929-0044 FAX (612) 929-0568 May 7 , 1997 Mr. Mark McNeill City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Subject: Business Relocation Claim for Tin Horse Antiques 2131st Avenue E. , Shakopee, MN Blocks 3 and 4 Project Dear Mr. McNeill : Enclosed please find a request for payment of advertising expenses for the above-referenced business. We have met with the business owner and representatives, have reviewed the cost documentation submitted, and have made our recommendations for payment in accordance with applicable relocation regulations. Upon the EDA of Shakopee's approval of these relocation claim , please make payment to: /(4,j 7 /, Tin Horse Antiques $68.70 c/o Shirley Mackie _- Water Street Antiques �� �'� 240 Water Street Jordan, MN 55352 If you should have any questions, please do not hesitate to call . Additional claims may be filed later for additional reestablishment expenses. Sincerely, Sean C. Ingvalson Relocation Consultant sl enclosures Redevelopment Acquisition/Relocation r- SUMMARY OF RELOCATION CLAIM Displaced Business Name: Tin Horse Antiques Business Representative: Shirley Mackie Project Site Address: 213 , 1st Avenue E. , Shakopee, MN Replacement Site Address: 240 Water Street, Jordan, MN Date of Relocation Eligibility: October 2, 1995 Date of Move: January 30, 1997 Type of Payment Claimed Herein: Reestablishment Expenses Summary of Costs Recommended for Payment: Moving Expense Payment $1,365. 00 Replacement Site Search Costs $ 932. 34 Reestablishment Costs $7, 388. 70 Total Recommended Payment: $9,686. 04 Less Amount of Previous Payments: $9,617. 34 Balance Due: $ 68.70 Recommendation: Please make payment in the amount of $68. 70 to: Tin Horse Antiques c/o Shirley Mackie Water Street Antiques 240 Water Street Jordan, MN 55352 CONWORTH, INC. INC.CONWORTH, 4725 Excelsior Blvd. Suite 200 Minneapolis, MN 55416 (612) 929-0044 FAX (612) 929-0568 May 7 , 1997 Mr. Mark McNeill City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Subject: Business Relocation Claim for The Antiquated Place 213 1st Avenue E. , Shakopee, MN Blocks 3 and 4 Project Dear Mr. McNeill: Enclosed please find a request for payment of advertising expenses for the above-referenced business. We have met with the business owner and representatives, have reviewed the cost documentation submitted, and have made our recommendations for payment in accordance with applicable relocation regulations. Upon the EDA of Shakopee's approval of these relocation claims, please make and mail payment to: The3 1-t Antiquated Place $68.70 c/o LaVonne King Water Street Antiques - I 240 Water Street Jordan, MN 55352 If you should have any questions, please do not hesitate to call . Additional claims may be filed later for reestablishment expenses. Sincerely, S an C. Ingvalson Relocation Consultant sl enclosures Redevelopment Acquisition/Relocation (---- SUMMARY OF RELOCATION CLAIM Displaced Business Name: The Antiquated Place Business Representative: LaVonne King Project Site Address: 213 , 1st Avenue E. , Shakopee, MN Replacement Site Address: 240 Water Street, Jordan, MN Date of Relocation Eligibility: October 2, 1995 Date of Move: January 30, 1997 Type of Payment Claimed Herein: Reestablishment Expenses Summary of Costs Recommended for Payment: Moving Expense Payment $ 2 ,768.00 Replacement Site Search Costs $ 796.50 Reestablishment Costs $ 8,108.70 Total Recommended Payment: $11 , 673 . 20 Less Amount of Previous Payments: $11,604.50 Balance Due: $ 68.70 Recommendation: Please make payment in the amount of $68 . 70 to: The Antiquated Place c/o LaVonne King Water Street Antiques 240 Water Street Jordan, MN 55352 CONWORTH, INC. CONWORTH, INC. 4725 Excelsior Blvd. Suite 200 Minneapolis, MN 55416 (612) 929-0044 FAX (612) 929-0568 May 7 , 1997 Mr. Mark McNeill City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Subject: Business Relocation Claim for Shakopee Antiques 213 1st Avenue E. , Shakopee, MN Blocks 3 and 4 Project Dear Mr. McNeill: Enclosed please find a request for payment of advertising expenses for the above-referenced business. We have met with the business owner and representatives, have reviewed the cost documentation submitted, and have made our recommendations for payment in accordance with applicable relocation regulations. Upon the EDA of Shakopee's approval of these relocation claims, please make payment to: Shakopee Antiques ( $68.70 c/o Carol Manske \ Or Water Street Antiques \ 240 Water Street Jordan, MN 55352 S J If you should have any questions, please do not hesitate to call . Additional claims may be filed later for additional reestablishment expenses. 71:. cj Sincerely, ' �'� .7/7:-/(- Sean C. Ingvalson Relocation Consultant sl enclosures Redevelopment Acquisition/Relocation (-- SUMMARY OF RELOCATION CLAIM Displaced Business Name: Shakopee Antiques Business Representative: Carol Manske Project Site Address: 213 , 1st Avenue E. , Shakopee, MN Replacement Site Address: 240 Water Street, Jordan, MN Date of Relocation Eligibility: October 2, 1995 Date of Move: January 30, 1997 Type of Payment Claimed Herein: Reestablishment Expenses Summary of Costs Recommended for Payment: Moving Expense Payment $1,272 .20 Replacement Site Search Costs $ 643.50 Reestablishment Costs $6,188.70 Total Recommended Payment: $8,104.40 Less Amount of Previous Payments: $8,035.70 Balance Due: $ 68.70 Recommendation: Please make payment in the amount of $68.70 to: Shakopee Antiques c/o Carol Manske Water Street Antiques 240 Water Street Jordan, MN 55352 CONWORTH, INC. - sA . a CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook, Economic Development Coordinator SUBJECT: Payment to Dulas Excavating, Inc. DATE: May 13, 1997 Introduction and Background: Dulas Excavating, Inc. has submitted an invoice for the demolition and excavation work done on Blocks 3 & 4. The total for their work, including adjustments for two change orders, is $145,658. Dulas' work on this project is largely complete. Currently, TKDA, the contractor coordinating the demolition project, is reviewing Dulas' work to assure that the job is complete. TKDA recommends that the City pay Dulas the contract amount minus the 5% retainage for work that may be unfinished. The remaining 5% would be paid after all work items are complete. Within the next week, TKDA will be defining the remaining work, if any, to be completed. Attached is the invoice from Dulas Excavating, and TKDA's recommendation. Budget Impact: The recommended payment, to be paid from the Blocks 3 & 4 fund, is $138,375.10. This reflects the total contract amount, $145,658, less the 5 %retainage. Action Requested: Offer and pass a motion to pay Dulas the contract amount less the 5% retainage, totalling $138,375.10. •if Paul Snook Economic Development Coordinator dupaymmo.doc TKDA TOLTZ,KING, DUVALL,ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS•ARCHITECTS• PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL,MINNESOTA 55101-2140 PHONE:612/292-4400 FAX:612/292-0083 May 13, 1997 Mr. Paul Snook City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 Re: Demolition of Blocks 3 and 4. Commission No. 11244 Dear Mr. Snook: The work on this project is substantially complete. A punchlist will be prepared next week defining the remaining work to be completed. We recommend that Dulas be paid all but the 5 percent retainage on this contract. The retainage should be held until the punchlist items are complete. If you should have any questions, please feel free to contact us. Ve ytr �y yours, William E. Deitner P. E. Project Manager An Equal Opportunity Employer 44/I .' �r z z s4r r„_r..iJ1_ui.ILy- EXCRVATIHG INC T4 16124456712 P.02 INVOICE lf)EXCAVATING INC. DI , Box 2O7109 From Orders 1670 Welts, Minnesota 56007 ,, x_ �• F ; CITY OF SHAKOPEE BLOCKS 3 & 4 DEMOLITION ATTN: PAUL SNOOK CITY OF SHAKOPEE, MINNESOTA 129 HOLMES ST S SHAKOPEE, MN 55379 Page 1 8900 05/12/97 NET 30 05/12/97 DESCRIPTION AMOUNT ITICTN OF BLOCKS =:1 7558 f0 TERSE ,'c FOUR i$. PER BID L'r'ERNATE:BID 124 00 00 GSANGK ORDEk —CHANGE ORDER NO. 2 St0.0.g D DUCTION FOR 'FENCE :..,:iiii::::::::7,::::;,. , , , , • AMOUNT , . .. Payment due 14 days from billing date. 145658.00 A Finance Charge of 1.5% per month on the unpaid balance will be charged on ,., , all accounts. MINIMUM $1 TAX FORM/ SERVM199409.TRANS.MICRO ELECTRONIC FORMS 803 749 2319 1 1NV E TOTAL -; j4 a TKDATOLTZ, KING, DUVALL.ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS•ARCHITECTS• PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL.MINNESOTA 55101-2140 PHONE:612/292-4400 FAX:612/292-0083 May 14, 1997 Jerry Dulas Dulas Excavating Inc. P.O. Box 207 Hwy. 109 East Wells, Minnesota 56097 RE: Punch List Blocks 3 and 4 Demolition City of Shakopee PUNCH LIST ITEMS 1. Provide erosion control along the west side of the project where the work stops next to the city landscaping. 2. Provide and install erosion control such as , straw bales around catch basins. 3. Fill in low spot to prevent ponding next to barrier wall along Hwy. 169. 4. Replace four broken sidewalk section. The owner will withhold 5% of the contract dollars until the punch list items are completed. S' cer- y, Doug "�agel cc Paul Snook, City of Shakopee Bill Deitner • An Equal Opportunity Employer 5, B. a. ESTIMATE VOUCHER Contract No. --- Partial Estimate Voucher No. 1 Period Ending: May 12, 1997 To: Contractor Dulus Excavating, Inc. Address Box 207, Highway 109 East Wells, MN 56097 Project Description Blocks 3 & 4 Demolition 1. Original Contract Amount $ 139, 958.00 2 . Change Order No. 1 thru No. 2 $ 5,700.00 3 . Total Funds Encumbered $ 145, 658.00 4. Value of Work Completed $ 145,658.00 Value of Work Remaining 5. 5 Percent Retainage $ 7,282.90 $ 1,000.00 6. Previous Payment $ -0- Percent Complete 7. Deductions or Charges $ 99% 8. Total $ 7,282.90 Payment Due (Line 4-8) $ 138,375.10 CERTIFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work shown herein is a fair estimate of the work completed to date. CONTRACTOR BY TITLE APPROVED - CITY OF SHAKOPEE Project Engineer Date City Administrator Date # 6. A. 1 . CITY OF SHAKOPEE Memorandum TO: EDA FROM: R. Michael Leek, Community Development Director SUBJECT: Request for Payment of Rehab Grant by JMS Properties (dba Olympic Pools) DATE: May 20, 1997 ITEM NO.: Introduction: JMS Properties entered into a rehabilitation grant program agreement for a grant in the amount of$13,150.00 which had been approved in January of 1997. The applicant now wishes to close out the grant, and has submitted an invoice in the amount of$13,018.00 ($132.00 less than the maximum grant amount. Copies of the grantee's invoice and lien waivers are attached to this report for the Board's information. The author of this report has examined the subject property for completion of the improvements, and found them to be complete. Action Requested: Offer and pass a motion approving the attached rehab grant claim. JMSREHAB.DOC/RML 1 Tom.1 9 1997 Monday, May 05, 1997 R. MICHAEL LEEK CITY OF SKAKOPEE 129 HOLMES STREET SOUTH SHAKOPEE, MN. 55379 DEAR MICHAEL THIS LETTER IS TO SERVE AS AN INVOICE TO THE CITY OF SHAKOPEE IN THE AMOUNT OF $13,018.00. THIS IS FOR THE REHAB GRANT APPROVED IN DECEMBER OF 1996 BY THE EDA BOARD. SINCERELY edis4". RICHARD J.STOKS JMS PROPERTIES is k a) W 3 1.) 3 1)A cu o o o x ct o u "`" ' .- ccl c. 0 GT � pel -" c. Z c�H0 p b . a y j f/1 A cd ,, '+. > p aOO Cr NU 4 %U u 0 cd.,.. A 4.) 1 v b at 5 c, -.., 0, cd p w moo„ -4-. y euh I. >, U , CO N a u air '' p, V 4( CI). 1.4 cct t.1 c0 `« O vc«, •«Ct + m . Z a ++ a� O. Z1‘. 1i 'r ate.+ (.) ° U 4,4 + a) c. cd Imoct .0 t H • .O . r �w. Oa, '0 ..+ w a v' ° Rt d °^ ° 0Li. r m a yp Q a� 3 U m 3 d • ti w oU t.W r-•": w a o a ci ti 0 el C7) 4 b ii; 0 ,-0 03' 4) CO .. m}• a CD aw, b`" Z 3 i —o G N a li • 1. E 1. d E" CU a 4•11 �o � b a 1": U t b y v 0 CA s. 0� � o W • o °�as5vacri Z o 0 a. ¢ a E C) H 3 v c� cd b/4 co C7 ° 0 w 0 y 3 0 0 w° ■ ■ r ' RICHARD J. STOKS AND JEANEITE THE FAMILY BANK, FSB M. STOKS DBA JMS PROPERTIES 327 MARSCHALL ROAD Loan Number 4000257 1076 SOUTH MADISON STREET' SHAKOPEE, MN 55379 Date DECEMBER 31, 1996 SHAKOPEE, MN 55379 Maturity Date DEC. 24, 2003 CILoan Amount $ 95,000.00 0 Pi Renewal Of BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS SSN/TIN: 476-44-1591 "I"Includes each borrower above,jointly and severally. "You" means the lender,its successors and assigns. For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of NINETY FIVE THOUSAND AND NO/100* * * * * * * * * * * * * * * * * * * * * * * * * * Dollars S 95,000.00 Single Advance: I will receive all of this principal sum on DECEMBER 31, 1996 . No additional advances are contemplated under this note. 0 Multiple Advance:The principal sum shown above is the maximum amount of principal I can borrow under this note. On I will receive the amount of $ and future principal advances are contemplated. Conditions:The conditions for future advances are 0 Open End Credit: You and I agree that I may borrow up to the maximum principal sum more than one time.This feature is subject to all oth, conditions and expires on 0 Closed End Credit:You and I agree that I may borrow (subject to all other conditions) up to the maximum principal sum only one time. INTEREST: I agree to pay interest on the outstanding principal balance from DECEMBER 31, 1996 at the rate of 9.250. per year until FIRST CHANGE DATE aVariable Rate:This rate may then change as stated below. &Index Rate:The future rate will be 1.000% OVER the following index rate:WALL S'TREE'T JOURNAL PRIME RATE AS PUBLISHED IN THE MIDWEST EDITION OF THE WALL STREET JOURNAL 0 No Index:The future rate will not be subject to any internal or external index. It will be entirely in your control. aFrequency and Timing:The rate on this note may change as often as DAILY A change in the.interest rate will take effect ON THE SAME DAY nLimitations: During the term of this loan, the applicable annual interest rate will not be more than 19.000 % or less the 5.000%.The rate may not change more than %each Effect of Variable Rate: A change in the interest rate will have the following effect on the payments: ❑The amount of each scheduled payment will change. XX The amount of the final payment will change. 0 ACCRUAL METHOD: Interest will be calculated on a ACTUAL/360 basis. POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below: non the same fixed or variable rate basis in effect before maturity(as indicated above). ❑at a rate equal to n LATE CHARGE: If a payment is made more than 10 days after it is due, I agree to pay a late charge of 5.000% OF THE LATE PAYMENT ❑ ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which 0 are 0 are not included in the principal amou above: ❑ AUTHORITY:The interest rate and other charges for this loan are authorized by PAYMENTS: I agree to pay this note as follows: a Interest: I agree to pay accrued interest WITH PRINCIPAL XX Principal: I agree to pay the principal ON DEMAND, BUT IF NO DEMAND IS MADE :V4 Installments: I agree to pay this note in 84 payments.The first payment will be in the amount of $1,544.11 and will be due JANUARY 24, 1997 . A payment of S 1,544.11 will be due ON THE 24TH DAY OF EACH MONTH thereafter.The final payment of the ent unpaid balance of principal and interest will be due DECEMBER 24, 2003 PURPOSE:The purpose of this loan is BUSINESS: WORKING CAPITAL ADDITIONAL TERMS: THIS IRAN IS SECURED BY A 2ND REAL ESTATE MORTGAGE ON PROPERTY COMMONLY KNOWN AS 135 SOUTH ATWOOD STREET, SHAKOPEE, MN AS EVIDENcht) BY A REAL ESTATE MORTGAGE EXECUTED D AND DA1h) DECEMBER 31, 1996. • FORM NO. 120-M (1031) RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: 'I' d5 , 19 ci 7 The undersigned hereby acknowledges receipt of the sum of$ I A- CHECK ONLY ONE 1) as partial payment for labor, skill and material furnished. 2) as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) as full and final payment for all labor, skill and material furnished or to be furnished to the 3) following described real property: (legal description, street address or project name) and for value received hereby waves all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property(only for the amount paid if Box 1 Is checked and except of retainage shown if Box 2 is checked. The undersigned affirms that all material furnished by the undersigned has been paid for and all subcontractors employed by the undersigned have been paid in full, Except: /115";e1L-- ,e-j**4) /2e—ea By: JaSE- /{ i 'L l# . NOTE: If this instrument is executed by a cor- Title: ©u9 N tie poration, it must be signed by an officer and if executed by a partnership, it must ) c-oHs �. signed by a partner. ` /4,/E SM9 f /"Lt ✓I1 H Miller-Davis Co.,Minneapolis(10-3-86) Minnesota Uniform Conveyancing Blanks(1986) FORM NO. 120-M (1031) • RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: `J -a3 , 19 q 7 • (e/ Theundersigned hereby acknowledges receipt of the sum of$ .5 ,V1 CHECK ONLY ONE 1) as partial payment for labor, skill and material furnished. 2) . as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) as full and final payment for all labor, skill and material furnished or to be furnished to the 3) following described real property: (legal description, street address or project name) and for value received hereby waves all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property(only for the amount paid if Box 1 Is checked and except of retalnage shown If Box 2 Is checked. The undersigned affirms that all material furnished by the undersigned has been paid for and all subcontractors employed by the undersigned have been paid in full, Except: ,i(1.2 7_ 4;r 67• By: 4,6'14-7-- '-five NOTE: If this instrument is executed by a cor- poration, it must be signed by an officer Title: and if executed by a partnership, it must ofrly 1�2 signed by a partner. Miller-Davis Co.,Minneapolis(10-3-86) Minnesota Uniform Conveyancing Blanks(1986) FORM NO. 120-M (1031) RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: .4 —z- , 1977_ The undersigned hereby acknowledges receipt of the sum of$ ? led, °0 CHECK ONLY ONE 1) as partial payment for labor, skill and material furnished. 2) as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) as full and final payment for all labor, skill and material furnished or to be furnished to the 3) following described real property: (legal description, street address or project name) Olympic Pool 135 South Atwood Shakopee, MN Dave Brinker By: 7 µ1/14 CAT y 4 co✓S•rees Title: President £S 731 /309-55 A aAO — R 0,0 1.-t-0,' iso(-4- .5--sg4 NOTE: If this instrument is executed by a cor- poration, it must be signed by an officer and if executed by a partnership, it must • signed by a partner. c0@- 001 • Miller-Davis Co.,Minneapolis(10-3-86) Minnesota Uniform Conveyancing Blanks(1986) • FORM NO. 120-M (1031) RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: _5-- 7 r 19_q_2_ The undersigned hereby acknowledges receipt of the sum of$ - `kyr CHECK ONLY ONE 1) as partial payment for labor, skill and material furnished. 2) . as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) as full and final payment for all labor, skill and material furnished or to be furnished to the 3) following described real property: (legal description, street address or project name) and for value received hereby waves all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked and except of retainage shown if Box 2 Is checked. The undersigned affirms that all material furnished by the undersigned has been paid for and all subcontractors employed by the undersigned have been paid in full, Except: W/SYN C//�.!//LLE pi_Ur'1 g5v s . •X dAc7 sc'i ?c= a 3 .57-(./4 Ko r°&-e- /'IA1. $3 7 /��C .Q_ r te-A--"7-1"-1 By: c/,9rve ;��eu.44— NOTE: If this instrument is executed by a cor- Title: t9 u9 F/Er_ poration, it must be signed by an officer and if executed by a partnership, it must signed by a partner. Miller-Davis Co.,Minneapolis(10-3-86) Minnesota Uniform Conveyancing Blanks(1986) I ), \\I FEB 2 61997 RECEIPT AND WAIVER OF MECHANIC'S RIGHT DATED: (/ , 19 % 7 THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE SUM OF $ A', 'i /. 7 CHECK ONLY ONE 1 . ) AS PARTIAL PAYMENT FOR LABOR, SKILL AND MATERIAL FURNISHED 2 . ) AS PAYMENT FOR ALL LABOR, SKILL AND MATERIAL FURNISHED OR TO BE FURNISHED (EXCEPT THE SUM OF $ RETAINAGE OR HOLDBACK) 3 . ) ) AS FULL PAYMENT FOR ALL LABOR, SKILL AND MATERIAL FURNISHED OR TO BE FURNISHED TO THE FOLLOWING DESCRIBED REAL PROPERTY: (LEGAL DESCRIPTION, STREET ADDRESS OR PROJECT NAME. ) OLymp,'c Poor-S 806. AND FOR VALUE RECEIVED HEREBY WAIVES ALL RIGHTS ACQUIRED BY THE UNDERSIGNED TO FILE OR RECORD MECHANIC'S LIENS AGAINST SAID REAL PROPERTY FOR LABOR, SKILL OR MATERIAL FURNISHED TO SAID REAL PROPERTY (ONLY FOR THE AMOUNT PAID IF BOX 1 IS CHECKED , AND EXCEPT FOR RETAINAGE SHOWN IF BOX 2 IS CHECKED) . THE UNDERSIGNED HAVE BEEN PAID IN FULL, (EXCEPT) RIES HEATING & SHEETMETAL BY '"�fd,!-l.eee OWNER 911 CLAY ST. ,SHAKOPEE,MN 55379 Form No. 120-M (1031) Miller-Davis Co.,Minneapolis(10.3-86) Minnesota Uniform Conveyancing Blanks(1986) RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: rte` ( 8 , 199? The undersigned hereby acknowledges receipt of the sum of$ tt9 7/3, s CHECK ONLY ONE 1) as partial payment for la+ :nd material f _ a 2) ❑ as payment for all labor,skill and material furnished or to be furnished(except the sum of $ retainage or holdback) 3) Er as full and final payment for all labor,skill and material furnished or to be furnished to the following described real property: (legal description, street address or project name) 135 so.the , Th 'aocd sr who, 5537, and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor,skill or material furnished to said real property(only for the amount paid if Box 1 is checked,and except for retainage shown if Box 2 is checked).The undersigned affirms that all material furnished by the undersigned has been paid for,and all subcontractors employed by the undersigned have been paid in full, EXCEPT: • A NOTE:If this instrument is executed by a cor- ' &� (T poration, it must be signed by an of- RIES ELECTRIC ficer,and if executed by a partnership, Swee HAKOPEE,,-MN S it must be signed by a partner. MP FORM NO. 120-M(1031) RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: / _ Z_y _, 19_72_ vo The undersigned hereby acknowledges receipt of the sum of$ #3.5 C7� CHECK ONLY ONE 1) . as partial payment for labor, skill and material furnished. 2) • as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) as full and final payment for all labor, skill and material furnished or to be furnished to the 3) following described real property: (legal description, street address or project name) Felt C dtePL= ? I N..i 7-.4 1-14-i o er d i- d Pr r j17 /3 c s e u T K 4 -r,.00 ii), S/-h4 re,e0e:z__ .4-7 N. ,--3--3 7f '''4.,1-7-----: By: /l Lr/N 8&-w c& . Title: d u/^/e ig GLc- y-''',04/Alt- F,coo.aiNC_ 9,-ca0 UN(orf /a JLC BLLID fie-14c 'LA/Nc-_/ 04N 5& i/ NOTE: If this instrument is executed by a cor- poration, it must be signed by an officer and if executed by a partnership, it must • signed by a partner. Miller-Davis Co.,Minneapolis(10-3-86) Minnesota Uniform Conveyancing Blanks(1986) RICHARD J. STOKS AND JEANEITE THE FAMILY BANK, FSB 327 MARSCHALL ROAD Loan Number 4000257 M. STOKS DBA JMS PROPERTIES 1076 SOUTH MADISON SIRFEr SHAKOPEE, MN 55379 Date DECEMBER 31, 1996 Maturity Date DEC 24, . 2003 SHAKOPEE, MN 55379 ""'"�^ Loan Amount $ 95,000.00 OP Renewal Of `" tltl�� g� TIN: 476-44-1591 BORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS / "1"Includes each borrower above,jointly end severally. "You" means the lender,its successors and assigns. FIVE THOUSAND AND For value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL of NINETY NO/100* * * * * * * * * * * * * * * * * * * * * * * * * Dollars a Single Advance: I will receive all of this principal sum on DECEMBER 31, 1996 . No additional advances are contemplated under this note. 0 Multiple Advance:The principal sum shown above is the maximum amount of principalnfuture pborr pal ow under this are ooe. OOtemplatedn . • I will receive the amount of $ Conditions:The conditions for future advances are 0 Open End Credit:You and I agree that I may borrow up to the maximum principal sum more than one time.This feature is subject to all other conditions end expires onsum ❑Closed End Credit:You and I agree that I may borrow (subject to all other conditions)tios)u3 to the maximum , 1996 mum principal at the rate only one tim9e:250ei6 INTEREST: I agree to pay interest on the outstanding� principal balance from per year until FIRS' aVariable Rate:This rate may then change as stated below.• STREET JOURNAL PRIME RATE EX Index Rate:The future rate will be 1.000 OVER the following JOURNAL AS PUBLISHED IN THE MIDWEST EDITION OF THE WALL 0 No Index:The future rate will not be subject to any internal or external index. It will be entirely in your control. aFrequency and Timing:The rate on this note may change as often as DAILY A change in the•interest rate will take effect ON THE SAME DAY ]9.000 %or less than a Limitations: During the term of this loan,the applicable annual interest rate will not be more than each 5.000%.The rate may not change more than Effect of Variable Rate: A change in the interest rate will have the following effect on amount the of the final payments: will change. ❑The amount of each scheduled payment will change. 0basis. ACCRUAL METHOD: Interest will be calculated on a ACTUAL/360 POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below: non the same fixed or variable rate basis in effect before maturity (as indicated above). 0 ata rate equal to a LATE CHARGE: If a payment is made more than 10 days after it is due, I agree to pay a late charge of 5.000% OF THE LATE PAYMENT ❑ ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which 0 are 0 are not included in the principal amount above: ❑ AUTHORITY:The interest rate and other charges for this loan are authorized by PAYMENTS:I agree to pay this note as follows: git Interest:I agree to pay accrued interest WITH PRINCIPAL 103 Principal:I agree to pay the principal ON DEMAND, Bur IF NO DEMAND IS MADE 1 n Installments: I agree to pay this note in 84 payments.The first payment will be in theamount 54411 of $1,544.1will b1 due Y 24, 1997 . A payment of $1. and will be due JA�� thereafter.The final payment of the entire ON THE 24TH DAY OF EACH mown unpaid balance of principal and interest will be due DECEMBER 24, 2003 CAPITAL PURPOSE:The purpose of this loan is BUSINESS: WORKING ADDITIONAL TERMS: S 135 THIS LOAN IS SECURED BY A 2ND REAL ESTATE MORTGAGE ON PROPERTY COMMONLY KNOWN AND DATED lm AZWOOD STREET, SHAKOPEE, MN AS EVIDENCED BY A REAL ESTATE MO DECEMBER 31, 1996. (page 1 of 31 UNIVERSAL NOTE AND SECURITY AGREEMENT ,t)1984,1991 Bankers Systems,Inc.,St.Cloud,MN Form UNS-LAZ•MN 2/13/96 CITY OF SHAKOPEE Memorandum TO: EDA FROM: R. Michael Leek, Community Development Director SUBJECT: Request of Tom Gestach for a Downtown Rehab Grant MEETING DATE: May 20, 1997 ITEM NO.: Introduction: Mr. Gestach has made application for a rehab grant for the Eagles Club building. The estimated cost of the proposed improvements is $18,130.00; the grant request is $4,532. Mr. Gestach's application and the estimate of Timberland Exteriors, Inc., as well as the grant program and design guidelines are attached for the Board's information. Mr. Gestach's full-size rendering of the improvements will be presented at the meeting. Discussion: Mr. Gestach had been working in 1995-early 1996 with previous staff to develop a plan which would be consistent with the intent of the rehab grant program. This is somewhat difficult with the subject building in that it is not a brick, but rather an asphalt-sided building. Mr. Gestach has attempted to choose colors and materials which are evocative of the era the guidelines intend to address. The proposed improvements at this time include the installation of new windows, siding and doors. The intent of the proposed upgrade of the Eagle's Club is consistent with those portions of the design guidelines which talk about unifying the area, using historically-consistent colors, and improving buildings in the Downtown. The design guidelines do, however tend to focus on masonry buildings and their design features, and thus those provisions are not directly applicable. Because of a misunderstanding regarding submission of the actual application and scheduling of the grant request for review, work has begun on removing the siding at the time this report was written. Because of the misunderstanding, the Board is asked to consider the request in spite of the provision that work on a project shall not have commenced. Alternatives: 1) Approve the requested rehab grant application as presented. GESTACH.DOC/RML 1 2) Approve a lesser grant. 3) Deny the requested grant. 4) Table the matter for additional information. Staff Recommendation: Because the proposed improvements constitute a substantial improvement to this property consistent with the intent of the design guidelines, staff recommends alternative 1. Action Requested: A motion consistent with the Board's decision. GESTACH.DOC/RML 2 CITY OF SHAKOPEE,MINNESOTA DOWNTOWN REHAB GRANT APPLICATION Page 2 PROJECT DESCRIPTION(continued) 2. Please indicate the contractor(s)who will be doing the work: /CsM L2 dMi c Please attach: Copy of specifications,plans,architectural drawings and color renderings for the work, including cost quotes for materials, labor, architectural fees,building permits, etc, FINANCIAL INFORMATION 1. Estimated project cost: $ /8 /3O 2. Grant amount applying for o° (25% of total project cost): $ 4533 How will the balance of the project cost be paid? Financial Institution Loan: $ Owner Financing: $ 3 59 ************************************************************************ I hereby affirm all information above is true and correct to the best of my knowledge. I have read and agree to abide by the City of Shakopee Rehab Grant Program Guidelines and the Program's Design Guidelines. Signature Date ( Please have the following statements completed as appropriate. BUILDING OFFICIAL REVIEW I, , City Building Official,have inspected the property mentioned in this application and have found it to be structurally sound. I have reviewed this application and believe that the building's structural stability warrant the investment proposed in this application. Signature Date • CITY OF SHAKOPEE,MINNESOTA DOWNTOWN REHAB GRANT APPLICATION Page 3 BUILDING OWNER CONSENT (If owner is not applicant) I, Owner of the property mentioned in this application,have reviewed the proposed project with the Applicant and consent to have the work done as proposed. Signature Date 1 • • -J H O H m O CO 1.0 C W g N e 0 0 I a. I— Z O Z O c- 0 0 E m = W Q Q. W m CC ceN as IW m 0- 0 O ' a I 8 s r-- < Co c Ca \ 1 C c 7 l` 8 w \)\'' ' N C J O m w F w I Esm g V Q O O �r- C 0- 0 y U Q O 1L 0 d v O C Q a rn m rnas I 3 ami 'o ¢ al G m e n m Y C O c 0 U 3 m x c' co m w Q 0 w in c a $ w Combination Storm and Screen Windows,Storm Doors TIMBERLAND EXTERIORS 010 Bryant Ave.So. Garage Doors INC.■ Phone:948-1151 , Siding/Trim BLOOMINGTON, MN 55420 .) Ct..1 .,M Date ..> ,19 TIMBERLAND EXTERIORS INC. Please enter my order for products as shown below to be furnished to: Customer's Phone Number Name 'i r.} •! 1, ,r�:. i�,. -r Home J'44EJ• 4 31 / Street Address - r" ; P} e +4',T.„- Work Mr. ,.;,:i 1.a{(,,,•) �1; City -i .1 LL•�a. <• i `+-,.. ?•5 3"1s, State r.1, *. Zip 5 ; !1 SPECIFICATIONS:Furnish and Install: ` Not Installed: Garage Doors Model# Size Color Self Storing Storm Windows.Color Double Hungs Sliders Other ❑Aluminum 0 Vinyl Storm Doors.Model# L.H. R.H. Color ❑Aluminum 0 Solid Core Vinyl Replacement Windows:Double Hungs Sliders Picture Color r r .*, E 1 Low E Glass 8 Argon Gas 0 Full Screen ho Yz Screen 0 No Screen ❑Obscure 0 Grids C/D Vinyl Bay or Bow.Style Color ❑Low E Glass 0 Argon Gas ❑With Roof 0 Without Roof Vinyl Casement/Awning Window.Style :” Color t^'a r,s1c. [j Low E Glass l}]Argon Gas ❑Obscure Vinyl Hopper.Style Color 0 Clear Glass ❑Exolite 0 Clear or 0 Bronze ❑Low E Glass 0 Argon Gas Vinyl Garden Window.Style Color Shelf 0 Low E Glass ❑Argon Gas ❑Clear Glass Only 0 Exolite 0 Clear Vinyl Patio Door.Style Color Operator 0 Left ❑Right ❑Low E Glass 0 Argon Gas #" Entry Door Style 6,- Fa^<k L.H. R.H. Texture Int.Color Ext.Color Stain Peep Site Lock Style&Finish r''r Cover Exterior Casing with Aluminum Trim.Color d'r' pry "P\«>C c;4. Haul Away p'Yes 0 No OTHER–Describe <`; c (- )t ^ 1 A,,,-,4,y' Skis,:=. 'arM"a.�a\\ V;.,,il 1 -IC() \ rot 1."k0 e WINDOW LOCATION EXAMPLE O=OMIT X=WINDOW 1st FLOOR 2nd FLOOR 3rd FLOOR BASEMENT FRONT FRONT FRONT FRONT v f ALL OF THE FOREGOING TO COST$ ;Deposit paid with order$ ;Ck# Cash balance due on installation$ .By loan NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS "You,the buyer,may cancel this purchase at any time prior SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR ,, to midnight of the third business day after the date of this COULD ASSERT AGAINST THE SELLER OF GOODS OR, „ purchase.See attached notice of cancellation form for an SERVICES OBTAINED PURSUANT HERETO OR WITH THE ,, - explanation of this right." PROCEEDS HEREOF,RECOVERY HEREUNDER BY THE DEBTOR "` , SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR r>, Timberland Exteriors Inc.is NOT responsible HEREUNDER. for any painting,staining or electrical unless otherwise stated herein. Signed `r t„t,' ^,' ,"°�> 7,) Purchaser " •� ' C yrchaser Timberland Exteriors,Inc.-By— x� ,s.'i . L.' l''` '+_ This Contract Subject to the Approval of Our Credit Department. SEE BACK OF SHEET FOR FURTHER NOTICES ' WHITE—ORIGINAL CANARY—SALESMAN'S COPY PINK—CUSTOMERS COPY • CITY OF SHAKOPEE • Downtown Rehabilitation Grant Program Program Guidelines Program Intent The Rehabilitation Grant Program created by the City of Shakopee and its Economic Development Authority(EDA)for the Downtown Business District is intended to encourage the preservation and beautification of downtown buildings by enhancing their original character in order to create a more attractive,inviting downtown shopping environment. The EDA shall annually consider allocations from the EDA reserve fund to match private building owner or merchant financing at a ratio of 25%grant money to 75%owner or merchant financing in grant amounts ranging from$2,500.00 to $25,000.00. The grants will be awarded to approved applicants by the EDA based on a review and recommendation from the Executive Director of the EDA or the Economic Development Coordinator. A. Eligible Applicants Any owner or tenant manager(with written consent of the owner)of a commercial building within the downtown district shown in Exhibit A. B.Eligible Projects 1. Grants will be awarded under the Program for the rehabilitation of commercial buildings. A commercial building shall be any building the primary ground floor function of which is retail, service or office use. 2. To be eligible,the building to be rehabilitated; a.)Must be located within the zoning districts identified in Exhibit A. b.) Must comply,after rehabilitation with the City's Comprehensive Plan. c.)Must comply, after rehabilitation with the City's exterior building and sign design standards, as found in Chapter 11 of the City Code C. Eligible Expenditures and Improvements 1. Rehabilitation grants shall not include expenditures for the acquisition, installation or repair of furnishings or trade fixtures. CITY OF SHAKOPEE Page 2 • Downtown Rehabilitation Grant Program Guidelines C. Eligible Expenditures and Improvements (continued) 2. Eligible improvements shall be limited to the following improvements: a.)Awnings b.) Canopies c.)Exterior Painting d.) Signage which is incorporated into canopies/awnings e.)Parapet Type Lighting f.) Windows when tied to opening previously covered windows or new windows that improve the energy efficiency and architecturally enhance the appearance of the building consistent with the theme of the restoration project. g.)Enhancement of historical building features, such as Cornice work,tuck pointing,brick work. All work done must meet City Codes,as well as the building in general meeting City Codes. 3. Grant proceeds shall be used for the rehabilitation of existing buildings and shall not be used for the construction of new facilities. However,construction of reasonable additions to existing buildings which,together with other rehabilitation improvements,will enhance the commercial use of the building shall constitute qualifying rehabilitation expenses. 4. The rehabilitation of residential units shall not be allowed under the program. 5. Refinancing of existing debt shall not be allowed under the program. 6. Construction materials,labor(but not owner,applicant or employee labor) architect or engineer fees,building permit and program application fees are eligible program expenses. 7. Grants shall not be made for the acquisition of property. D. Grant Requirements and Restrictions 1. The grant minimum amount shall be $2,500.00 and the maximum grant amount shall not exceed$25,000.00. 2. A completed application shall be submitted to the City prior to review of grant project. The application form is attached as Exhibit B. Grant applications may be submitted only prior to the commencement of the project. Grant applications will not be considered for work which is underway at the time of making or reviewing an application. • CITY OF SHAKOPEE Page 3 Downtown Rehabilitation Grant Program Guidelines D. Grant Requirements and Restrictions(continued) 3. Professionally done Architectural elevation drawings to scale and color renderings must be submitted by the applicant prior to City review. 4. If an application is approved,the City will notify the applicant so s/he can arrange for loan closing(if applicable)with a fmancial institution. A copy of closing documents shall be provided to the City. 5. The City reserves the right to deny an application that meets all program eligibility and requirements. If an application is denied,the City shall state reasons for denial in writing. The applicant may resubmit the application with changes. 6.No more than one grant per year may be awarded per parcel. 7. The total aggregate amount of grant funds received per parcel over time shall not exceed$25,000. 8. Grant proceeds will be disbursed to approved applicants when the following has occurred: a. The work has been inspected and approved by the local building official. b. When the applicant has submitted lien waivers verifying that said applicant has paid 100%of the project costs. 9. The building improvements must be consistent with the Downtown Building Design Standards. 10. Successful grant applicants must complete their project within 12 months of formal notification of grant award. Projects exceeding the 12 month completion period will forfeit the City's grant commitment unless an extension is submitted in writing and approved by the EDA. 11. Successful grant applicants must enter into a grant agreement with the EDA. 12. Project cost over-runs in excess of the approved grant amount shall be the responsibility of the applicant. CITY OF SHAKOPEE Page 4 • Downtown Rehabilitation Grant Program Guidelines E. Grant Application Review The Executive Director of the EDA and/or the Economic Development Coordinator will review the proposals and make recommendations regarding funding to the Shakopee EDA after insuring that all grant application criteria are met. The review process will take approximately 30 days. All applicants will be notified in writing of their grant status following final action of the EDA. • ______ i, i. ► �, - o �e /1 110 11•u•i - 1 .4* Ammonia mini •_ ' '�...�' 3Sftt]NUNf1ON QUI VI% �. 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CITY OF SHAKOPEE,MINNESOTA DOWNTOWN REHAB GRANT APPLICATION GENERAL INFORMATION Date Applicant / Name: /S/ � h Address: /673-0 3-0 th 7"0 c = l\C� „ Ccrve, / '`'~'1i/ )--s 3(5 Phone: 6 - 448 - 4 / 6 -) 6462 Property Owner /11 Name: `c e Address: Phone: Site Business Name: r_5 (lob Address: 0rG . PROJECT DESCRIPTION 1. The rehabilitation will include(Check as many as apply): ❑ Painting of building ❑ Work on the facade, such as mortar repair,restoration or replacement of architectural features, etc. Windows-when tied to opening previously covered windows. C�Signage when incorporated into an awning or canopy. ❑ Awnings installation or renovation ❑ Awnings will be: _Retractable Stationary ❑ Parapet Type Lighting / SILK Other, Please describe: ��1 n EXHIBIT B • HOUSING AND REDEVELOPMENT AUTHORITY CITY OF SHAKOPEE DESIGN GUIDELINES FOR THE DOWNTOWN REDEVELOPMENT AREA • I. BASIC PRINCIPLES The purpose of design guidelines for the downtown area is to protect and enhance the historic character of that neighborhood. The basic principle, in respect to existing buildings, is to preserve and enhance their original design, material and architectural detail, specifically the exterior, and if practicable, the interior. The basic principle, in respect to new or infill construction, is to preserve the unity of scale, material, set-back, roof-line and proportion of window/door space to wall space as shown in the original buildings of the Historic District. II. APPLICATION OF THE GUIDELINES A. The guidelines apply to all buildings within the B-3 Zoning District utilizing the Rehab Grant Program. B. The guidelines apply to rehabilitation,remodeling,addition or demolition,changes of exterior appearance, and new or infill construction when the land,the building, or the work receives financial assistant through the Housing and Redevelopment Authority. C. These guidelines are not hard and fast regulations. They are flexible criteria. They assure property owners that design review will be based on clear, public and uniform standards. Consideration will be given to the amount and quality of original material and design remaining in the building. Consideration will also be given to clear cases of economic hardship or to deprivation of reasonable use of the owner's property. III. THE GUIDELINES A. The Preservation and Rehabilitation of Structures and Material. 1. The original features of a building should not be destroyed. The removal, alteration or covering up of original material or design shall be avoided. 1 a. The original material and design can be determined by physical inspection, old photographs, consultation with prior owners and building records. See the Housing and Redevelopment Authority for assistance. b. In some cases alterations have been made with materials or designs which have become irreplaceable or representative of a unique architectural style or period. Such alterations shall be respected. c. Alterations which have totally removed the original material, but not done with irreplaceable materials or representative of a unique style, may be removed, replaced or covered. 2. Deteriorated features should be repaired rather than replaced. Repairs should maintain the design,texture,material and other appearances of the original. 3. Alterations which conceal the original design and materials, or which arenot appropriate for the age of the building, should be removed. Siding, signs, canopies, filler panels, framing, etc. of cedar plank or shakes,unpainted aluminum or metal, stucco, concrete block,ceramic tile, plastic, fiberglass and glass block are examples of inappropriate materials on older buildings. 4. Missing materials or features should be replaced if possible. Replacement should be based on evidence from historic, physical or pictorial sources. Only if evidence for the specific building is not available, may replacement be based on similar buildings of the same age. The replacement material or feature should duplicate the design, material, texture and appearance of the original to the extent possible. 5. Clean original materials as gently as possible. Sandblasting shall not be used, with the possible exception of on metal. Masonry should be cleaned with low pressure water(under 300 psi) and soft bristle brushes. Heat guns or Strep-Eze should be used on painted wood. Chemical cleaners should be tested on a small patch to determine their effect. Test patches should include areas where deterioration or patching is evident. Hydrozo, Diedrich and Tamms products are recommended by the HRA. 6. Mortar should be repaired only when there is evidence of water standing in joints or a significant amount of mortar is missing. Replacement mortar should match the color, texture, coefficients of expansion and contraction, and ingredient ratio of the original mortar. 2 Portland cement shall not be used for reappointing. Pneumatic hammers should not be used to remove mortar. Original joint size, method of application and profile shall be duplicated. 7. The original or early color and texture of masonry surfaces should be retained. a. Unpainted masonry should not be painted. It should be sealed with a water proofing which breathes such as Hydrozo or Thoro-Seal. b. Masonry surfaces may have been painted for maintenance or appearance. Paint should not be removed if the building was originally painted, or if the removal will damage the surface. c. Most paint traps moisture inside soft bricks. Special masonry paints should be used. d. Cement based paint or tinted slurry may be used to protect deteriorated masonry. e. The roofing, parapet, cornice, coping,scuppers and gutters should always be inspected, cleaned and repaired before painting or other masonry work. 8. Original window and door openings should be retained. a. New windows and doors should not be opened in original materials,particularly on the major or visible sides of the building. b. Original windows and door openings should not be expanded, reduced or infilled. If a window must be closed, a shutter which can be removed is recommended. c. Original windows and doors should be retained. If the original is gone, or must be replaced, the replacement should closely match original pane, size,mullions, sash and frames. Replacement should completely fill the original opening. Double and triple pane windows are recommended for energy conservation. Wood or painted metal are acceptable materials; unpainted metal is not. B. For Design of Restoration or Remodeling 1. In general, it is expected that buildings will be restored to their original or early appearance. 3 a. All building:should be recognized as products of their own time. Remodeling should not borrow designs, materials or colors from other eras. b. When complete restoration to original appearance is not possible, or extensive- replacement is not necessary, remodeling for compatibility with the character of downtown should be copsidered. Removal of flat canopies, window infill or siding, painting bare metal, repainting building to reunify appearance, new signs and new awnings are suggested. 2. In general,it is expected that restoration or remodeling will contribute to the visual unity of the building, neighboring buildings, and the neighborhood. a. Restoration or remodeling should not exclude or isolate portions of the building. The entire front, sides and back should be considered as a whole design. b. Contemporary design for replacements, additions, or remodeling should not be discouraged when such designs do not destroy or cover original material, and are compatible with the building and its neighbors in respect to size, scale, color, material or character. 3. The traditional elements of a commercial building should be retained, restored or replaced. a. The decorative cornice should be repaired and maintained, or replaced if necessary. b. Window sills and hoods should be repaired and maintained. c. Decorative patterns of masonry should be repaired and maintained. d. Windows should fill the entire opening. They were usually double hung with two panes per sash. e. The lintel should be uncovered. It may be the best place for sign. f. Transom panes should be uncovered, inside and out. g. If cast iron pillars supported the lintel, they should be replaced. 4 h. Storefronts should have the largest possible windows area in. - keeping with the original opening. i. The bulkhead should be no more than about two feet high. Original bulkheads were wood panel, not brick. They may be replaced with wood or painted metal to simulate wood panels. • J. The entrance should be recessed, without steps. k. The entire storefront should be set back about 6 inches from the front of the building. 1. The door should be commercial in style and typical for the period. It must open in and out. m. Recommended a water tap for cleaning walks, windows, facades. 4. Historic paint colors appropriate for the age of the building should be used. A common approach to color will enhance the appearance of each building and the character of downtown. At the same time, individuality is preserved through the owner's choice of base and trim colors. a. There is a wide range of historically appropriate colors. See the HRA for assistance. In general, there are three era color preference: 1. Built 1860s-1870s: soft tints of brown, gray, green and blur trimmed with white. 2. Built 1870s-1900s:dark browns,grays,reds,olives,yellows and greens, trimmed in darker and lighter shades of same color or complimentary colors. 3. Built 1900s-1920s:light grays,yellows and browns trimmed with complimentary colors, ivory or white. b. Colors should also be selected to harmonize with neighboring buildings. c. Colors should be used to unify the appearance of the building. No more than a base color, a trim color and an optional detail color should be used. All walls of a building should be painted consistently. 5 d. Bare aluminum or metal doors, windows and frames,:should be painted. An aluminum cleaner, zinc chromate primer and metal paint should be used. 5. Signs should be consistent with the design of the:=building-and.the character of the downtown. • a. Signs should not cover up the traditional.-design elements of a building. b. The size of a sign should be proportionate.to the building. As a rule, the area of the sign should be no more tham.1.25 square feet fir every front foot. Do not exceed sizes established by City Ordinance. c. The traditional locations for signs are: painted inside the windows or door pane or inside the transcom pane;:flush on the storefront cornice or lintel; letters painted or attached directlyon the cornice or lintel; mounted flush between the lintel and second floor windows. d. The style, colors, lettering and materials of the sign_shouldreflect the age of the building. Examples may be--found in old photographs and surviving signs. _See_a professionalsign painter for advice. e. Contrast between a dark background and light lettering, or vice versa, is more important than size. The lettering style should be chosen for it's legibility. f. Plastic, aluminum and back lit signs are not usually appropriate on older buildings because of their materials, colors,size and style of lettering. The content and logo of corporate and product signs can be transferred to more traditional materials and styles of sign. 6. Canvas or treated cloth awnings are recommended where they are compatible with the age of the building and the character of downtown. a. Aluminum or plastic materials and flat, horizontal canopies are not consistent with the appearance of older buildings. b. Colors should compliment the colors of .the building and neighboring buildings. Lettering should follow guidelines for signs. c. Awnings should not cover distinctive architectural details or -iranscoms. However, awnings may be used to cover alterations which are not original to the building. d. Awnings may be fixed or retractable. They should be appropriate to-the--shape of the window or storefront. • 7. Grills, air conditioners and exhaust fans should not be mounted on the front.of the building if it can be avoided. They should be incorporated into filler panels and painted the same color as the panel. They should not extend over the sidewalk or entrance to the building. 8. Ceilings are a'-'`distinctive architectural feature which should be retained or restored. a. -Tin ceilings are often concealed by a dropped ceiling to save heating and cooling costs. Ceiling fans can accomplish the same purpose and are recommended in preference to dropped ceilings. b. Dropped ceilings usually conceal the transcom panes above the display window and entrance. Transcom panes are sometimes cut, Tressed etched, colored or stained glass and should be visible inside,and out. Removal of dropped ceilings, at least at the front of the building is recommended when a transcom does exist. c. Window openings and frames are often reduced with filler panels to conceal dropped ceilings. Full opening windows with a black panel between the glass and the dropped ceiling is recommended instead of filler panels. C. For New and Infill Construction New construction means totally new structures, moved-in structures and new additions to existing structures undergoing restoration and rehabilitation. 1. Generally,any new construction should be consistent with neighboring buildings and the character of downtown. a. The important elements of the character of downtown are defined by the following guidelines. b. The reproduction of historic design is recommended only for infill on a small scale or for additions to original buildings. 7 Si • c. Contemporary design for new construction is not discouraged. These guidelines .focus on general rather than specific design elements in order to encourage new design compatible with the character::of:downtown. 2. The height and '-width:.of the facade should reflect the average proportions of the older downtown buildings. a. Buildings should be two or three storied high but no more than sixty feet. b. Infill should fill the entire width of the lot. c. Horizontally, the building should be massed in increments of approximately 22 and 44 feet. 3. The new facade should be flushed with the sidewalk,:_or if adjacent buildings are not, then flush to its neighbors. 4. The exterior materials should be brick or stone masonry, similar in color or texture to the older downtown buildings. 5. Infill buildings should_reflect some of the detailing of neighboring buildings in window shapes, cornice lines and brick work. 6. The amount.ofsolid wall to window and door openings on the facade should be proportional to that of the older downtown buildings. a. The ground floor should be a_transparent store front style, with window size and height similar to that of neighboring buildings. b. The upper-stories should have windows of the same general spacing and height to width proportion as those of neighboring buildings. 7. The cornice or roof line should-be flat. TAMI\ADMIN\HRAGUIDE 8 , . E X . -. . _3 • A BOAT LANDING 182 HUBER 'ARK 1 1 gerse 2 tr• 010-t iiiitssikaallitli LE\/EE DR. *oj001,,tott-vpik:-lkt rrrrUS 4001PIS ° 4 Se tie l --� .r� ihil 111 !3'% KING litAli I iiiiiirlall 1 . 21\1° Pit an SOO n/ scl • it'll rtt IJ- 4fill:Il T r ' r ' -� L . ,� � C ` 1st 10 .N tiotwitottvaittli II%. • Sitt AI 410 sw i gal c � 1fr % $* \Iti T. MARKS tnt% t CHURCH SCHOOL •^ 6 0 Oil 1 I VS Replacement Windows ORDER Combination ,Storm Storm andScreen; LAND EXTERIORS INC. 9010 Bryant Ave.So. Windows, Storm Doors TIMBER X Phone:948.1151 Garage Doors Siding/Trim BLOOMINGTON, MN 55424 �... ,,, Date MBERLAND EXTERIORS INC. . '• . Number Please enter my orde r products as shown below to be furnished to: Customer's Phone 4 , Home .4 t� Name1P' /,/� j�L c�V ,,�-�p �l �' � c),. ,- Work Mc 650.4A62"11;—(116e1 tS0°�' `rr7 Mre. 7`IC:7G l� Street Address Cry _ City <: ^w- 5 "IS, State i'+'\ ti Zip S'S,3._1`I �. Not Installed: SPECIFICATIONS:Furnish and Install: I - Color Garage Doors Model# Size Self Storing Storm Windows.Color Double Hungs Sliders Other ❑Aluminum 0 Vinyl Storm Doors.Model# L.H. R.H. Color ,..Y ry ❑Aluminum 0 Solid Core Ci Vinyl Replacement Windows:Double Hungs ik el Sliders Picture ColorNo Screen ❑Obscure 0 Grids C/D 1 Low E Glass 4 Argon Gas 0 Full Screen 1 Screen 0 - Vinyl Bay or Bow.Style Color 0 Low E Glass 0 Argon Gas 0 With Roof 0 Without Roof n Vinyl Casement/Awning Window.Style 12Color t�J ►:4c. It Low E Glass Argon Gas 0 Obscure y - Vinyl Hopper.Style Color 0 Clear Glass 0 Exolite 0 Clear or 0 Bronze 0 Low E Glass 0 Argon Gas sVinyl Garden Window.Style Color Shelf 0 Low E Glass 0 Argon Gas 0 Clear Glass Only 0 Exolite 0 Clear - Vinyl Patio Door.Style Color Operator 0 Left 0 Right 0 Low E Glass 0 Argon Gas Entry Door Style (o- 1**'-" L.H. R.H. Texture Int.Color Ext.Color Stain Peep Site Lock Style&Finish . Ve Cover Exterior Casing with Aluminum Trim.Color .5.4-'"'Q" for V1.0 t 0(t Haul Away Er/es 0 No .._' 4v.".. G W.4A k -i �` cb \t a1�.: IA � 1 O OTHER-Describe 3 t - �l��W��lNisln41, ~ ` Ai, VI, Q impASIPlue20 Sobs PPM= of lOti 5111 swami'out Velleix3 Puelnewli tom soUep 0oos LI psewalen6 stelielew IFb lauuBui ell!!ulktptioNA PA p0®B B Ul 9U0P031I1,39138 PHIPOWP GAWP et#W9M11:41100Miterte Auedluoo emi '100A4 Adoo B pa/4e=Nati sgeoetmouve/*Me loesexto en icuunOwe soei eta 1°m onenbe was B o1 se6euisp peenplobl101 pe !lue ewooeq 'tondo slue semi ages loses hq end w Jo'los+ uuolied 0t 081110.120 ne;ielms,asego nd eq wane 04e wl • eausblo ,ur SeSecusloi413 mem:mg emu*lou;items sures mons`per Vssedwoo eq*10 plum ew puoAeq ' sesnea 01 eV sl AeleP Ode it Visisti OOP e'ua 11919Lti iOtPuB JOAgee 04 i 201/4MCIPUOdliat Cu few Auedwoo ettl •Uielia4 U00399U94 OS of f3iittetai tueweales essee*;p suns 044 Ota-paw=it4 f ulu8ls (q eta 014 selUBd eyi Pue Ittoweeibe sltiViosuignakeeeueMo 414 Ails Ates sett Aueciwoo e14*W wet*20 uewsOIBs ON f.7 tgiiiti r 3* rwik c*> a Sir.t, ^ 4 &�s,_,ice`-': littA,j;,..-g i,,,,Vr.:.;..1.4.,n,:.`:', ,,w;r4f...-c2p.i-i4 `' � 5*- " _ . r ^g � 'a - " AS i rs' * A r e ,y, 1 v e * -, r 1-,s ,' tv et a rxySt - 4 -.,.. h., t. ,i �-1, t.liti.'4'5' a e t � .„, , ......„„..,....,,,. .. . .,,.. .. .- ,,,,: ,,, ,., ,,, :,..,,.,'''.',1. .'' =',',--:',-n-- .,..... ... , - ., ,, ,, ,..., , . . . ,. „ , . .. . . .. . .. . . .,1,........... , , , . ,. 1 4..!!h.: #G6 / CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook,Economic Development Coordinator SUBJECT: Additional asbestos work/change order DATE: May 13, 1997 Introduction and Background: The EDA is asked to approve a change order in the amount of$10,700 for additional asbestos abatement work on buildings located at 221 and 237 1st Ave. E.,which were not included in the original Contract Documents. In its initial survey, Legend Technical Services,the asbestos surveying contractor, could not survey the buildings at 221 and 237 E. 1st Ave. due to the city not having access to these properties at that time. Since then,the properties have been surveyed by Legend Technical, and asbestos was found in both buildings. Dulas Excavating,the demolition and asbestos abatement contractor,has abated the buildings and is requesting approval of the attached change order in the amount of$10,700 for this work. Budget Impact: An additional $10,700 for the demolition portion of the Blocks 3 &4 project. Action Requested: Offer and pass a motion approving the change order for additional asbestos abatement work as presented by Dulas Excavating,Inc. I Illr f 01140 Paul Snook Economic Development Coordinator asbstmmo.doc CHANGE ORDER Change Order No.: 1 Project Name: Blocks 3 and 4 Demolition Date: April 24, 1997 City of Shakopee Original Contract Amount $ 139,958.00 Change Order(s)No. thru No. $ -0- Total Funds Encumbered Prior to Change Order $ 139,958.00 Description of Work to be Added: Complete abatement work on Buildings 121 and 137 which were not included in the original Contract Documents. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be increased by $ 10.700.00 The number of calendar days for completion shall be(increased/decreased)by unchanged Original Contract Amount $ 139,958.00 Change Order(s)No. 1 thru $ 10,700.00 Total funds Encumbered $ 150,658.00 Completion Date: unchanged The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specification, conditions and prices specified herein. Contractor ,..612/-4/5 EX E 7---/A/6" By: /24.4.) Title: / , Date: APPROVED AND RECOMMENDED: City Engineer Date APPROVED: City of Shakopee City Administrator Date HWY 109 E DU, LAS , BOX 207 EXCAVATING INC. WELLS, MN 56097 Bus.: (507) 553-3938 1 (2_,eyz,ity 44)" /1c 4°, -4`1/ 1 • J ., ,;^r 0 1-,!, [7 SOBEECH [� C;LOKE _.. iv rN.SRtry .... - I ❑HUMAN 0 SUS.DEV. -1997 14 48 J_ 612 29 i08 P.02'03 �. .'..ail:, rGfl�. flr'..�:it��.�i...'��lJse I..P� 1. Box 207 Highway 109 East DULAS 9 Y Phone: 507-553-3938 Wells, Minnesota 56097 EXCAVATING INC. FAX: 507-553-6272 April 7, 1997 Bill Dietner TKDA&Associates,Inc. 4 r.Irw r':HAnaLF.v 1500 Piper Jaffray Plaza :-: :.L rent raecsoN 444 Ccdar Street `r17;4:37mwoLo -i irr St.Paul, Mn 55151-2140 � . _ c-j auo�TawuepY i1� r:2„k T Li 40DR6AN RE: Request for Change Order "`=`-I-'- 4 r' "vss L:-134'_L ` D ru.,1! ���H MOAN AES Bill: RAIN 0 BUS°EV. ]coNnu►cr p ACC/4 Legend Technical Services has completed surveying the buildings on blocks 3&4. I have attached a copy of the additional asbestos containing materials discovered in the survey. Dulas Excavating Inc.is requesting an additional$10,700.00 to compensate our asbestos abatement for the removal of these materials. If you have any questions,please give me a call. Thank you. Sincere�ly� Mike Yokiel • Land Clearing • Excavating • Demolition • Sewer&Water • Site Preparation • Agri Urns • Black Dirt&Fill • Crushed Rock • Sand&Gravel '.yuif+N'PtiVYeAIOIcI,'.rt_-_•' , _.�._-..-......T.�.n..,..,.... _... .... ..:. • ,... 0 0,,p A N C � -.4, 1-IMA COIRPORAPTION • 1 • 1 NVIIU.)NM1:N'1'AL.CON'1'RAC1'ORS • • April 2, 1997 Mike Dulas Excavating, Inc. Highway 109 East, Box 207 Wells, MN 56097 Re: Request for Change Order- Shakopee 14 Avenue Project Dear Mike: We have received a copy of the final two survey reports from Legend Technical Services, Inc. I have attached a copy of the additional asbestos containing materials discovered on the survey. Hazardous Materials Abatement Corporation is requesting an addition to our contract in the amount of$9,280.00 for the removal of these materials. If you have any questions or if I can be of further assistance, please give me a call. Sincerely yours, IttLd Lee Tufv er, Vice President Hazardous Materials Abatement Corporation Hazardous Materials Abatement Corporation 8823 Zealand Ave.N.,Suite M • Brooklyn Park,MN 55445-1800 • Phone:(612)424-4321 • Fax:(612)424-4690 �� APP-1 -1997 97 14 38 TKDRI i 612 292 0083 F.iO3 03 gamaztzxsumax LEGEND TECHNICAL SERVICES,INC.(LEGEND)performed an asbestos survey of the buildings located at 221 and Z37 First Avenue in Shakopee,MN. The purpose of the survey was to identify asbestos containing materials with the buildings which are slated for demolition. Appendix A includes the bulk material samples collected and their asbestos content Appendix B includes diagrams identifying where the samples were collected and where asbestos containing materials are located. The foIIowing asbestos containing materials were identified in the buildings which were surveyed. • Approximately 900 square feet of textured ceiling spray is located in the office area of the first floor. The textured ceiling spray is located above the suspended ceiling panels. Qtr • Approximately 30 square feet of linoleum is found in the entryway of Apartment 03. • Approximately 100 square feet of linoleum is found in the bedroom of A is asbestos containing. The linoleum is found under the�t in the bparnr'cnt ' The top layer of linoleum edroom. • Approximately 100 square feet of linoleum is found in the bedroom of 04. is asbestos containing. The linoleum is found under the Apartment The top layer of linoleum in the bedroom. • Approximately 40 square feet of linoleum is found in the kitchen of Apartment 06. No asbestos containing materials were found in this building. All asbestos containing sheet flooring (linoleum) and textured ceiling spray will have to be removed from the buildings prior to demolition. LErb="No. 9b-3262 March 31. 1997 Page 1 of 4 TOTAL P.03 -4t , .., CITY OF SHAKOPEE Memorandum TO: EDA. FROM: Paul Snook,Economic Development Coordinator SUBJECT: Work Session-Blocks 3 & 4 Project DATE: May 15, 1997 Staff recommends that the EDA schedule a work session on Wednesday, May 28th or Thursday the 29th to discuss the Blocks 3 &4 Development Agreement and related issues. Due to a full schedule of meetings, Wednesday the 28th at 4 p.m. works best for staff and some EDA members. The reason for meeting at this time is that the Scott County HRA will have considered these items in their Special Meeting on the 27th, and the next step in moving the development process forward is for the EDA to consider these same items. Depending on the discussion, formal approval would be considered at the June 3rd EDA meeting. Paul Snook Economic Development Coordinator wrkssnmo.doc 7. 4, CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook, Economic Development Coordinator SUBJECT: Signature piece/clock for new building on Blocks 3 & 4 -update DATE: May 13, 1997 Introduction: At its May 6 meeting, the EDA directed staff to prepare an update report on the possibilities of the Shakopee Downtown Council contributing toward the financing of a signature piece/clocktower for the new building proposed for the Blocks 3 & 4 site. Mr. Ed Dressen, representing the Downtown Council, will be at the EDA meeting to give a brief presentation and answer questions. Background: The attached letter outlines the Downtown Council's commitment to the clock. The group proposes to commit up to $7,000 for the piece, and is willing to ask for additional funds from local service organizations. Staff has contacted the developer, Dunbar Development, to establish an estimated cost of a clocktower piece. Dunbar stated that a design needs to be established in order to provide an accurate estimate, but a rough estimate is approximately $30,000. This includes structural work, design, and a clock, and assumes the piece is constructed over the elevator shaft of the building, as discussed in past Design Committee meetings. Ongoing maintenance is not included in this estimate, and would need to be negotiated. Staff's earlier example of$350,000 to $400,000 for a clocktower was that of the Oxboro Center clocktower in Bloomington,which is a freestanding structure. Dunbar emphasizes that the current financing scenario for the project is very tight, with no room for additional costs such as a clock. Consequently, this cost is best met with outside financing sources. Budget Impact: Dunbar and SMMA, the project architect, are currently working on design possibilities and associated costs for the clock in order to provide a more accurate estimate to the cick2mmo.doc Downtown Council and City. The EDA/City would be asked to pay for the extra design costs; that estimate should be available at the 5/20 meeting. The EDA should state whether it expects reimbursement from project funds raised. Action Requested: Offer and pass a motion to pay for extra design costs associated with the clock so as to move this project forward. 401114/ 1:401i ./ Paul Snook Economic Development Coordinator cick2mmo.doc April 15, 1997 To The EDA: The Shakopee Downtown Council would like to contribute toward the Clock or Clock Tower to be constructed on the HRA building on blocks three and four. We would commit up to $7000.00 for the Tower and would also be willing to help solicit additional donations from local community organizations such as The Rotary Club, The Lion's Club, and the Jaycees. Please let us know if we can be of any assistance on this project. Sincerely, The Shakopee Downtown Council { • FT IC %b it E Z Ai d 6 4'.:1CS' u,.�;.. • t -... , ;1.,��. k c fit`` . 'K X, 't` -A.2%', %' 31` • --!-''.%., N: ; -'� " '• +i: i x . a 7,w 9` :yie itgoornt a ii i , , ,. , ,.. ,.. 4 ... . , ,,•-tk.it.4.71"•".1,5%,c-lesww.' .- x-•-•714,-.1110k,. .35..E,. ,, - a�,,. u:.,, • _ • III! t IR . RI „.. • ., , ,,,.,.. ..„. ., ...........,,,...„ 1 .... .. a „,..:.........„,„...„..,,,,,,,,.....„.„„.....c.„ „,_,..., ;.,..,,,,, , ...... fb, ,.. .,.. , . , • ,,..,. .:, , ,. ..„...,.... a . ‘7.,. ,„. ..,. , ., . . �a r >� itil a: ;t,-...-- -..-'•-•--". :' :. a z .... A . t mut . , it . r— NI amoy, t; ,..„, o aim• kiwi., t pit N=dux--_,, ,: i. r 1 tsionmanua ..........„ ,1 ,-- i' ill C t V) t et 1 .,s_ - "r Z .. -tet 0 on , LEI 1111 II , 1 i k 1 , ,,,, ,..1 7,21 • N.,. . , . - - - . x_ ,,,,\ „v„ss, -.%1 .Ns' VA I q 1 ; \ \4k. i allio 14I im flit y- _--"ii..L 147 IN ' lb fA il i ill k1t r 5, CITY OF SHAKOPEE Memorandum TO: EDA FROM: Mark McNeill,Executive Director SUBJECT: Brambilla Property Taxes DATE: May 16, 1997 In the afternoon of April 15th,I received a call from Doris Brambilla,wondering whether the property tax bill for the Brambilla building on Block 3 should be paid. If the bill was valid, and payment was not received by the County Treasurer by 4:30 that afternoon, a penalty provision would accrue begin to accrue May 16th. I contacted Attorney Dennis Moriarty's office,to inquire as to whether this was payable owing to this currently being in condemnation. I was advised that Brambilla's owed for one month of the first half payment;the rest would be that of the City. We discussed this, and determined that, in order to avoid paying a penalty, that the taxes would have to be paid that afternoon. Because the City does not have an ability to cut a check quickly,I asked Mrs. Brambilla if she would pay the first half taxes, and then present us with the bill. We would then figure their proportionate share, and pay them back for the overage. We would then work through the Scott County Treasurer to receive a refund of the City portion of the taxes, if that is possible. As of this writing,I do not have the property tax statement from Mrs. Brambilla. However, because she worked quickly to get this paid, and thus avoid a potential penalty for both the City and the Brambillas,the EDA may be asked to authorize payment to the Brambilla's at the May 20th meeting for reimbursement of the City's share of the property taxes paid. 'fit -1 A/A-CL '( Mark McNeill Executive Director MM:tw CC: Gregg Voxland Paul Snook BRAMBILLA PROPERTY TAXES First half of 1997 Property taxes paid by John and Doris Brambilla $7,282.00 Property tax liability, first half of 1997 for John and Doris Brambilla - $1,214.00 (one month) Amount to be reimbursed to Brambilla's by the City of Shakopee $6,068.00 , .. ;COI T COUNTY THOMAS E.MUELKEN NAKOPEE SCOTT COUNTY TREASURER RIZOLO4tT-',;Z7061.0340. . ?EAL_ ESTATE 42B HOLMES ST.SOUTH ID)/ 18101 TAX FILL* F., COURTHOUSE-101 'A YA,Pte. 1 977 ... .• opERyydEsDAPTION-FOR TAX FURPOSES ONLY SHAKOPEE,MN 55370-1189 (De LEON.DESCRiPTiON OF YOUR PROPERTY Wo.WPM PAYABLE 1996 PAYABLE 1997 .....F..i-,to ' t0 :1-0;1,' i:irlitz ITV OF SHAKOPEE PROPERTY CLASS ZOPRFIr ,lt,1• ,,4. ii:, ,,,04 brim , • . : „,,; .1.(1.',,tr, .0T ?LOCI- -001 -003 '.Q131iP-Zil:, • ,'.(..:...t i, ,1:3 • .,.",:i i;,:, W 13.5' OF Z Ex MNDOT PLAT ::'L''''r*.:1, • '''''.V.','" ,_ , , ,:,..-1*.°.•S' , .. NEW IMPHOVEMENTS •.-•-..,1,,.,!-,, •1, ,:`fi'.7,:;:,...,tre,i, •''4!,'' ,'1",gfi'4,-'rfi ESTIMATED MARKET VALUE -•ti's.fi•fi "Aj, ;.;;' :'i,...4'.;:iV.:•,4' 71.7414e .: 1 , + „ , ,.:fasiiiii,„,a , TAXABLE MARKET VALUE •, ,,,,,A.*i•6‘,..1"...-••;--,,--,-,-,,,,,,,,i,•,,,.,,,...,.. 033 SPECIAL ASSESSMENTS CODE AMOUNT 1997 EO. AMT JOHN R & DORIS BRAMB1LLA 620 MONROE ST S PO SOX 37 SHAKOPEE MN 55379 INT. 2Z6._88pRiN. 315. 1: 1. use elis amount on Form M.ipiTt te:de II you're ollgble tor a property to rotund —i-- ..•'•01•;,1 00,;;P!,;:.i,ir, . , ,...11i Fir by August IS. IF SOX IS CHECKED,YOU OWE DELINQUENT TAXES AND ARE NOT ELIGUR.6 .. •,.,,:1,' 'Pl.';1011!•,t • ':,-,41 4p!•41V:'=" , . ..., 2. Use this amount far the special OF0dorty tax refund on schedule 1 of Form M-1PA , :• , .‘ • z.'W,Rg'.• YOUR PROPERTY TAX AND HOW IT 18 REDUCED BY THE STATE payAst.L 19'36 PAI ABLE 1097 ..... i• ,"-e,N;Wt'ki 3. Your propeny tax before reduction by Mate-dad aids and credits - . kt.'"74•,i,;•;:tV,!.' 0--1..._••, i t.t.,:4.,, 4. Aid paid by the Slate at Minnesota to reduce your property tax .... ........,......-----.......•••••• •••.......-.......--..............-.....- -.,**kik ".:,•;',V,I;;',;,.•:',• s k Homestead and Agricultural creSCH paid by the State of Minnesota to reduce your property tax . .ii.• '4:7:ii'q4:: - •-,•11•V ' : ,;;:i.,F.i!.• B.other omits paid by the State of Minnesota to reduce your property tax •• '• '.7'.1% ,,I .-..,, fi. . „...„.41. 8. Your propeny rex atter reduction by starepald aids and credits------.....---------••--..........-.........................•••••••.....-•-• .-.1 38,1'6,4,7_4,,..t•A-, 14',Ogit • ql,.' '1,74;1.,..4. , .N.; ,101 . i WHERE YOUR PROPERTY TAX DOLLARS GO 7. County --------........ .. .........-_......... ......... ...... ,..-...._._..................................................... ....... `-i..--4:•.,,itt4; ' z;104i'lit 8. City er WW1 ..........—.......... ............._.............................................,................ ...........—.............. .............. 1'4''iirti4,1% 0. Wool&Pict UTZ C., A. Exuma levy referenda tax . ... , . . •,,,,:...,„.... ,•,•• ....,...,..04-41 .. . - S. Remaining school tax . „. „ .'4't'.' ',.'.'''j i'failil W. --4 it",-.,i,..,• „ . 10. S000111)VaXing COSIrCea A.METRO •.. 'n1,,''...I:44:.,,g.•,3,' ' I ' 0"' aOTHERS •'..,ii?' ;47.:134,ifl ,:':',,,4tP'A aFISC I ,• :ftj,'.4-.*R::'. 4453%1 ..4.'1N. 1.69;,) . 11. Non school voter approved referenda levies - •- • ---••• ... .. .. .,.'":'..,' Witit1i .. • 12. Total properly tax before special assessments •--------.......... ••.. - 4................ ....... ., 144,1,:it 11 Special asSesements added to this property tax bill ---•.......--...............-.......---..............----........--'"-"------ ,:_,;':44,4k: -',..i. 1 14. YOUR ToTAL PROPERTY TAX ,o SPECIAL ASSEsS ENTS .-......- ,-• 44, if.F 11: IA`. 1) E tI THIS TAX INFORMATION HAS SEEN SENT TO SOME ESCROW AGENTS.Pri FROM It{St .C.FbNre THIS COPY ONLY IF AN ESCROW AGENT IS NOT RESPONSIKE FOR PAYI G. gflY.41.5......;,.,!i-,5,414‘e,..c....,..,,,,•L 'TOM&.4;5,-.„ , , , 40C ,1&7:',, NO RECEIPT SENT UNLESS REQUESTED.YOUR CANCELLED CHECK IS Y4JR RECEIPT. 7 2182 7 C YOUR CHECK IS NOT VALID UNTIL IT CLEARS THE BANK. opeTAXPAYERS COPY PENALTY PENALTY You may be eligible for one or row tem refunds to reduce your pr tax. Read the back of this statement to find out how to apply. 0,TEAR HERE'a TOTAL TOTAL DETACH AND RETURN WITH SECOND HALF PAYMENT DETACH Ale} RETURN WITH FULL OR FIRST HALF PAYMENT MAKE CHECKS PAYABLE TO:THOMAS E. hlUELKEN- SCOTT COUNTY TREASURER MAKE CHECKS PAYABLE TO:THOMAS r ML,JELKEN.SCOTT COUNTY TEAS.) PRCLO R270010340 1997 RE: TAX PRCL4 RZ70010340 1?97 RE Ti IDO 18101 TAX SILL* i-,,'. 1:;148 :DO 1D101 TAX eat* R 1814F:: COMM COMM THIS RECEIPT IS VOID 1 TAXES OF$50.00 OR LESS IF CHECK GIVEN IN I MUST BE PAID IN FULL TOTAL TAX 'i.4,(54:4,„ PAYMENT IS NOT ECOND HALF DUE ':-IRST HALF 01..!E MC/WM.1e°. s I" ". r C -' '7-"e•-;-' , WI .4,V F-', 7 „28Z. _ . .. 2nd Halt 4 •,,,,,.., PENALTY ---- 1st Half 4 rwri ,,---- PENALTY Pay Stub I UV l Pay Stub I U i _._ TOTAL TOTAL ,JCIFIE/.7'd:7; 0 ci?,9'oH FR AMF ILL P% 1 r If IN FZ a rl VIR T.S. P.RAME II. LA 'DHI stliiIaloas Ndt70:21- .±1.=.61 'r;T •A.H1.1 SCOTT COUNTY,Y, M1N14ESOTA • • • Date paid: 5/ 15/97 Tax amount: 7, 282 . 00 Paid by: BRAMBILLA, JOHN R & 0 Penalty amount: . 00 Pay Method: Check # 4902 Interest amount: .00 Trans No: 129507 Additional Fees: . 00 Total paid: 7, 282 . 00 Year Type Bill # Parcel Number Tax Amount Paid in Rut* 1997 RE 18148 270010340 7,282. 00 Part 226240 JOHN R & DORIS BRAMBILLA Thank you for your payment, THOMAS MUELKEN, TREASURER THIS DOCUMENT IS NOT VALID AS A RECEIPT UNTIL YOUR CHECK HAS CLEARED THE BANK CUSTOMER RECEIPT - BRAMBILLA RENTALS 4 90 2 P.O. BOX 37 SHAKOPEE. MN 55979 7b•S94,At9 1� 17 PAY �/ �� ��� 19 i TO OF � � ` / A. / 1 �, C5:,''" 40° �w�_ ..ice • �� lL4e) , -f° 42t, DOLLARS , MorquetieBordt usamtalakirliakt...,p.o.any SO BMkopec MN 09379 FOR J13 l f� t_ 000902111 4:09 V1019431: 0 30.910 - E 5 5 ..i•i-' Sb11 I� `,� ,� 'DWI I3 dd3 WdSO:Zti ' T '6 i.',lhW 1 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SFSSION SHAKOPEE, MINNESOTA APRIL 15, 1997 Mayor Jeff Henderson called the meeting to order at 7:01 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Jim Thomson, City Attorney; Gregg Voxland, Finance Director; and Judith S. Cox, City Clerk. A recess was taken at 7:02 P.M. for the Economic Development Authority meeting. The meeting re-convened at 7:28 P.M. The following items were removed from the agenda: 14.A.2c) Establish ground breaking ceremony date and time. 14.B.3) City sponsorship - Festival Week. The following items were added to the agenda: 14.E.9) Library Cooling System. 15.) Community Center. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. The following items were removed from the Consent Agenda: 10.) Approve Bills in the Amount of$614,396.94. 14.E.8) City Contribution - Utility Law Lobbying Expenses. Sweeney/Link moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison Reports were given by Councilmembers. Mayor Henderson had nothing to report. Mayor Henderson asked if there were any interested citizens present who wished to address the Council on any item not on the agenda. Carol Schultz, Executive Director Chamber of Commerce, approached the podium and introduced herself as the new Executive Director and explained her past experiences. She said that she could see a lot of growth for Shakopee and that her experience will be helpful. Mike Stephens, 823 Bluff Street, approached the podium and said he wanted the Council to not allow any type of music or loud bass noises coming from the Main Event. He also asked that this apply to any new owners. Last fall the owners stated that they would not have live music. Mr. Stephens complained of noise on Friday from 9:00 P.M. to 12:00 A.M. He asked if the owner said he would not have live music, and if so, this would be probable cause to eliminate live music. He said he was tired of calling the police and that there is no reason he has to listen to loud music. He asked that the Council only allow video music. 1 Official Proceedings of the April 15, 1997 Shakopee City Council Page -2- Mr. Leek said he would look into the agreement as to whether there would be no live music. Staff will speak to the Police Chief regarding the noise ordinance and make a recommendation. Staff will also insure that the Police Department monitors the decibel level. John Stitch, Main Event, approached the podium and said he has discussed a few noise complaints with members of the Police Department. He said he had promised not to place any external speakers out on the deck and has not done this. He said he has only had five complaints in his first year of operation and compared this to the previous record of complaints. He said he felt that Mr. Stephens was attempting to build a portfolio against him to try to close the Main Event. Mr. Stitch said that in response to a noise complaint, there was no violation of any ordinance. He asked that if he violates any ordinance to let him know and he would be more than willing to comply. He also said he has made improvements such as insulating the walls and building a six foot privacy fence to help alleviate the noise. He said there is security for the parking lot to help with the noise. He also has a decibel meter in the bar and said that the decibel level should be well defined. Staff will look into this and keep Mr. Stitch informed. Mr. Stephens approached the podium and said that the decibel meter is set for high noises rather than for bass sounds. Staff was directed to look into the noise ordinance to determine at what point a person is fined and to check out the conditional use permit. David Forbes, 437 Shakopee Avenue E, approached the podium and said he had second thoughts regarding the redevelopment of Blocks 3 & 4. He commended the Council for purchasing the property and tearing down those buildings that were considered to be eyesores. He said the development process is well under way with a combination of public and private money. However, he wanted to present a different point of view. He said he did not want to see Shakopee become a tourist trap, that a thriving downtown should also pull its local citizens downtown. He warned that Shakopee has the potential of becoming a bedroom community. He said if this happens, there is nothing left to make it a community with the residents working outside of the city. He said Shakopee also has the benefit of becoming a river town. He asked that the Council reconsider and look 25 to 50 years down the road. He said that senior housing over retail is not a way to develop downtown. Mr. Forbes explained that successful cities have an appealing view upon approach, a thriving retail area, an open green space, and a variety of cultural activities. He proposed keeping Blocks 3 & 4 public for the good of the city with green space in the middle, a privately endowed library on one end, and a senior center/art center on the other. I Official Proceedings of the April 15, 1997 Shakopee City Council Page -3- A discussion ensued as to how a new library would be paid for. Mr. Forest explained that there is private money available, and given a month he could show the Council how the new library could be paid for. Staff thanked Mr. Forbes for his ideas and encouraged his involvement with the E.D.A. ad hoc committee being created. Mayor Henderson acknowledged Scott County Commissioner Art Bannerman's presence. Sweeney/DuBois moved to approve the March 18, 1997, minutes. (Motion carried under the Consent Agenda). DuBois/Link moved to approve the bills in the amount of $614,396.94. Motion carried unanimously. The public hearing for the request to vacate the east one-half of Spencer Street north of 1st Avenue was opened. Mr. Leek explained Mr. Jim Perry's request to vacate a portion of the Spencer Street right-of-way is due to his desire to construct an addition to his existing building. Staff has recommended approval with the retention of an easement over the existing trail and a 20 foot minimum drainage and utility easement over the sanitary sewer. Staff is also recommending that a 25 foot easement be retained for SPUC facilities. He said that the applicant and SPUC have come to resolution regarding the relocation issues. He said that the Planning Commission recommends the vacation with retaining the easements that are incorporated in the resolution. Jim Perry, approached the podium and asked if the proposed addition were not in alignment with the alley, whether this would be a problem. Mr. Leek explained that no structure can be constructed in the easement and said that the 25 foot easement would only give Mr. Perry about six feet to work with. Mr. Perry asked if the alley were vacated, whether this would allow extra room. Mr. Leek said that it would likely provide for extra room. However, there is no request to do so at this time. There being no further comments the public hearing was closed. Link/DuBois offered Resolution No. 4650, A Resolution of the City of Shakopee Vacating the Right-of-Way for the East Half of Spencer Street, North of 1st Avenue and South of the Southerly Border of the Alley in Old Shakopee Plat, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Official Proceedings of the April 15, 1997 Shakopee City Council Page -4- The public hearing for the request to vacate the alleys in Blocks 3 & 4, Original Shakopee Plat was opened. Mr. Leek explained that the alleys proposed to be vacated would be in the parking lot area of the proposed redevelopment of the blocks. The resolution would vacate the roadway portions of the right-of-way and retain drainage and utility easements for the entire area. The Planning Commission recommends vacation with the conditions contained within the resolution. Mayor Henderson asked if there was anyone who wished to speak to this matter. Hearing no response the public hearing was closed. Zorn/DuBois offered No. 4649, A Resolution of the City of Shakopee Vacating the Alley Rights- of-Way in Blocks 3 & 4, Old Shakopee Plat, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Mr. McNeill explained that staff was previously directed to provide alternatives for the sale of that part of the parcel not needed for the fire station. He suggested following the same procedure that is being done by SPUC for the property they purchased for a substation but not used. Staff recommends setting a minimum price, advertising the property for sale, allowing approximately 30 days response time, and then opening the bids as proposals. He added that the City could reject any and all bid proposals. Cncl. Sweeney recommended the City staff plat this particular piece of property as an exercise in experiencing some of the problems that arise in the platting process, with the goal of developing improvements to the development process. He added that the City would realize the maximum dollar from this approach. A discussion ensued as to whether it would be appropriate for city staff to develop a piece of property and whether or not the parcel should be platted as a single lot. Mr. Leek said the property would have more value to the development community as one parcel. He said it would not be appropriate for the City to become a competitor with private developers. Cncl. Sweeney stated that the issue is the complaints about the difficulties associated with platting developments and in dealing with staff and staff's "cavalier disregard" for developers. Mr. Leek suggested that if there is to be any benefit to this exercise, limitations on the cost of development and some profit target should be set. He said the complaints have more to do with option agreements on purchasing the land and having a deadline three months away. Mr. Loney added that his staff is heavily booked and would have to drop a project or use consultants should staff become involved in this. Official Proceedings of the April 15, 1997 Shakopee City Council Page -5- Sweeney/Zorn moved that staff obtain an appraisal on the (excess fire station) property and report back to the City Council at which time a decision can be made whether to go through the bid process or to have staff plat the property. Motion carried unanimously. Mr. McNeill reported that ten bids were received for construction of the new fire station. The recommended total contract amount is $2,455,325 with a contingency of approximately 4.5 percent. He recommended awarding the contract to James Steele Construction, the low bidder. Mark Huge, Fire Chief, approached the podium and explained that alternatives 10 and 11 were related to the bell stand and the fire pole. He said he would like to commemorate the original fire bell and place it in the fire station. He said the building design is 2-stories in some places and presented an argument for the functional use of a fire pole, adding that insurance companies feel a pole is less injurious than stairs. A discussion ensued as to the necessity of a fire pole. DuBois/Link offered Resolution No. 4653, A Resolution Accepting Bids on, And Awarding A Contract For The Construction of the Shakopee Fire Station, and moved its adoption. Zorn/Sweeney moved to amend the motion to eliminate Alternative #11 for $5,200 relating to the fire pole. Motion failed 3-2 with Cncls. DuBois, Link, and Mayor Henderson opposed. The original motion carried unanimously. Mr. McNeill explained that the G.O. building bonds will finance the new fire station and that bids will be taken on May 6 and presented to the City Council. Zorn/Sweeney offered Resolution No. 4647, A Resolution Relating to $3,400,000 General Obligation Building Bonds, Series 1997A; Authorizing The Issuance and Sale Thereof, and moved its adoption. Motion carried unanimously. Sweeney/Link moved to offer the City's support and encouragement to Scott County and Hennepin Parks in their pursuit to obtain ISTEA Enhancement Grant funding to complete the Scott County Regional Trail and to direct staff to explore opportunities to construct a portion of the trail north of the Shakopee By-Pass. (Motion carried under the Consent Agenda). Official Proceedings of the April 15, 1997 Shakopee City Council Page -6- Sweeney/Link moved to waive the $65 sign permit fee for the Lions Park entrance sign. (Motion carried under the Consent Agenda). A recess was taken at 9:48 P.M. The meeting re-convened at 9:03 P.M. The following item was taken out of the regular order on the agenda: 14.C.3) Street Naming Request of Clean Sweep. Mr. Leek explained that Avenues are typically associated with those streets in an east-west direction and Streets for those in a north-south direction. Zorn/Sweeney moved to approve the request to name the new street Hansen Avenue (between Maras Street and County Road 18). Chris Anderson, 1438 Maras Street, approached the podium and explained that he was not opposed to the name change (from his earlier request). He suggested that the street that connects into Maras Street be named similarly in order to easily direct people to his business. Mr. Leek explained that the purpose of distinguishing between Streets and Avenues is for safety issues. Motion carried unanimously. The following item was taken out of the regular order on the agenda: 14.D.6) Approve Plans and Specifications and Order Advertising for Bids for Maras Street Improvement, Project No. 1996-4. Mr. Loney explained that the purpose of this item is to accept plans and specifications and to order the advertisement for bids. He said the plans include turning a private gravel street into a bituminous paved surface with concrete curb and gutter and storm sewer to serve an industrial area. A regional pond area is also being constructed creating wetland credits, estimated to cost approximately $130,000. The credits are being given to Savage as a credit toward the cost to connect to their storm sewer system. Appraisals have been prepared and easement acquisitions are under way. Excavation and right-of-way costs are estimated at $240,000. He said this is 10 to 15 percent over the feasibility study due to additional excavation costs. Sweeney/Link offered Resolution No. 4652, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Maras Street Improvement from 13th Avenue to County Road 18, Project No. 1996-4, and moved its adoption. Mr. Chris Anderson asked what the original feasibility study was if the project is now estimated to be 10 to 15 percent over the original estimate. Mr. Loney responded that the original feasibility study estimated the cost to be $430,000. Official Proceedings of the April 15, 1997 Shakopee City Council Page -7- Motion carried unanimously. The following item was taken out of the regular order on the agenda: 14.D.7) Joint Powers Agreement between the City of Shakopee and the City of Savage for storm sewer. Sweeney/Zorn moved to authorize the appropriate city officials to execute the Joint Powers Agreement between the City of Shakopee and the City of Savage for storm sewer construction within the Eagle Creek Watershed, pending City Attorney approval. Cncl. Sweeney noted that this project began at $81,000 and with an exchange of $40,000 for wetland credit for a connection fee, there are no new charges. Motion carried unanimously. The regular order of the agenda was resumed, beginning with 14.C.1) Request for vacation of Right-of-Way for Lewis Street between Blocks 3 and 4 in Downtown Shakopee. Sweeney/Zorn moved to remove discussion of the requested vacation for Lewis Street from the table. Motion carried unanimously. Mr. Leek explained that this resolution proposes the reservation of an easement to accommodate S.P.U.C. watermain and a 39' easement to accommodate Minnegasco. Zorn/Sweeney offered Resolution No. 4626, A Resolution of the City of Shakopee Vacating the Lewis Street Right-of-Way Between 1st Avenue East and County Road 69, and moved its adoption. Motion carried unanimously. Sweeney/Link offered Resolution No 4646, A Resolution Setting the Public Hearing Date to Consider the Vacation of a Drainage and Utility Easement (Lot 3, Block 1, Canterbury Park First Addition), and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Zorn offered Resolution No. 4651, A Resolution of the City of Shakopee Vacating Fuller Street North of Fifth Avenue West and South of Fourth Avenue West, and moved its adoption. A discussion ensued as to whether there is a guarantee that the Justice Center will be built if the street is vacated as well as the cost of utility alignments and charges for infrastructure changes. Mr. Leek stated that the findings support the requested action and do not bind the City to pay any particular costs, but do address the benefits. Commissioner Bannerman approached the podium and stated that it was his belief that paragraph F relating to costs is something to be negotiated between the County and the City as they occur. 4 Official Proceedings of the April 15, 1997 Shakopee City Council Page -8- In response to concerns as to whether the Justice Center will be built if the street is vacated, Mr. Thomson explained that the street is not vacated until the Resolution is recorded. He suggested directing staff not to record the Resolution until there is assurance that the County will build on the location. He suggested adding a new paragraph to read "This Resolution shall be effective on July 31, 1997." Commissioner Bannerman felt fairly confident that the County will have entered into a contract by July 31st. Sweeney/Zorn moved to amend the motion, adding a paragraph to read, "This Resolution shall be effective on July 31, 1997." Motion carried 3-2 with Cncls. DuBois and Link opposed. The Resolution, as amended, carried 3-2 with Cncls. DuBois and Link opposed. Mr. McNeill explained that on-street parking on streets surrounding the courthouse complex was a concern brought up at the public hearings. He suggested gathering public input on how wide spread the problem is, but suggested waiting until after construction begins because the problem may then be compounded. Discussion ensued on whether or not to use a survey or hold a public meeting. Commissioner Bannerman approached the podium and stated that surfacing of the hospital site will be part of the bid and that they are also looking into additional temporary parking for the area to keep the cars off of the street during construction. Mr. McNeill stated that the County will be having meetings with property owners in the area and that they could be informed at that time of what they can expect and to gather input. Zorn/Sweeney moved to direct staff to pursue a neighborhood meeting to be held for properties within a two to three block area of the courthouse property. Options could be discussed at that time. A representative of the County would also be invited to be present to discuss options for their users. Motion carried 4-1 with Cncl. DuBois opposed. Sweeney/Link moved to accept the resignation of employment from Al Koester effective April 23, 1997. (Motion carried under the Consent Agenda). Sweeney/Link moved to authorize the appropriate City staff to utilize Scott County in advertising and hiring an Engineering Technician II. (Motion carried under the Consent Agenda). Sweeney/Link offered Resolution No. 4642, A Resolution Accepting Work on the Rahr Malting Service Line, Project No. 1994-8, and moved its adoption. (Motion carried under the Consent Agenda). Official Proceedings of the April 15, 1997 Shakopee City Council Page -9- Sweeney/Link offered Resolution No. 4643, A Resolution Accepting Work on the VIP Interceptor Extension, from County Road 79 to the West Corporate Limits, Project No. 1992-9 and Rahr Malting Forcemain and Gravity Sewer, from 3rd Avenue and Webster Street to County Road 15 and the VIP Interceptor Sewer, Project No. 1993-1, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Link offered Resolution No. 4644, A Resolution accepting Work on the 1993 Street Reconstruction Project No. 1993-7 and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Link offered Resolution No. 4645, A Resolution Accepting Appraisal Report Prepared by Peter J. Patchin & Associates, Inc. of Five Parcels of Land Lying Within the Maras Street Improvement Project, County State Aid Highway 18 to 13th Avenue, Project No. 1996-4, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Loney explained that the Scott County Personnel Department was used to advertise for the Public Works Maintenance Worker to fill the vacancy. Interviews were held and staff recommends hiring Dean Bisek to fill the position with an anticipated starting date of April 21, 1997, contingent upon a successful pre-employment physical. DuBois/Link moved to authorize the hiring of Dean Bisek as Public Works Maintenance Worker, and to be hired at Step 1 of the 1996 Pay Plan, with an effective date of April 21, 1997, contingent upon a successful pre-employment physical. Motion carried unanimously. Sweeney/Link moved to approve the issuance of a tattoo license to Scot James Neverdahl and Michael Alfred Malone at Body Art, 205 South Lewis St., conditioned upon proof of the required insurance. (Motion carried under the Consent Agenda). Sweeney/Link offered Resolution No. 4641, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of Orchard Park Third Addition, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/Link moved to declare the 1997 Chevrolet Nova number 1Y1SK5141HZ103626, the 1990 Ford Crown Victoria number 2FACP72GOLX 151766 and a group of old military vehicle parts surplus property. (Motion carried under the Consent Agenda). Mr. Voxland explained that the Civic Center has current and pending special assessments against it. He said that an argument could be made that these assessments are related to the acquisition and construction of the Center and could be paid with funds from the capital projects fund for construction. He said an argument could also be made to use these TIF funds rather than General Fund money to pay the VIP sewer extension ($12,880.35 remaining balance after 1997 statement) and the pending assessment for the Fuller Street project ($205,692.09). 4 Official Proceedings of the April 15, 1997 Shakopee City Council Page -10- Sweeney/Zorn moved to pay off the currently existing and pending special assessments against the Civic Center parcel using the available balance in the Civic Center construction fund. Motion carried unanimously. Mr. Voxland stated that a similar situation exists for the Upper Valley Drainage Project. There are assessments for VIP sewer extension and Vierling Drive. He asked if Council wished to use the storm drainage fund or the General Fund as the parcels have no benefit to a sewer or street assessment. He was directed to wait and see what the Legislature does and then to bring this back for discussion. Sweeney/Link moved to remove Michael Leek from probationary status, and grant him full time regular employee status. (Motion carried under the Consent Agenda). Ms. Cox explained that the City has received information from the League of Minnesota Cities inviting the City to apply for the FDA tobacco regulations preemption waiver. An application must be received in the League's office no later than May 1, 1997, if the City desires to participate in a coordinated application process through the League and the application should be accompanied by a resolution authorizing participation. She explained that if the waiver is granted, Shakopee police officers could issue citations for violations under City Code relating to vending machines and self service merchandise. If an application is not submitted, local law enforcement cannot directly issue a citation for the violation of FDA regulations and would need to notify the FDA who would then enforce their regulations. Mr. McNeill explained that the City is out of compliance in terms of vending machines and non- employee provided cigarettes. He said that by applying for an exemption the City would need a more stringent undercover operation applied against all tobacco venders. If the City chooses not to apply the City would not be obligated to undertake the sting operation. Ms. Cox said it was her understanding that if the City wishes to continue with the current ordinance, staff must convince them that what the City has is in place is better than what the FDA will be doing. She said the FDA will then react to our application along with applications from other communities and that they will establish common criteria to grant waivers. Mr. Thomson stated that there are two provisions in the ordinance that are almost identical to state law and that the State also has an interest in applying for a waiver. He said he did not see a down side to the preemptive waiver. DuBois/Sweeney moved to authorize application for the preemption waiver to the FDA tobacco regulations and for staff to identify any additional supporting arguments to be added to the application. Motion carried unanimously. i Official Proceedings of the April 15, 1997 Shakopee City Council Page -11- Sweeney/Zorn offered Resolution No. 4654, A Resolution Authorizing Submission of an Application For Exemption From Preemption of the City's Tobacco Regulations, and moved its adoption. Motion carried unanimously. Mr. McNeill explained that City Council discussed the pay plan for non-contract employees at their last meeting and that staff has presented this draft pay plan at three employee meetings. A number of questions were raised at these meetings and Mr. McNeill identified them. He said that while some concerns were legitimate, others are a matter of not understanding the new system, and others related to a disagreement with the pay philosophy. He recommended adoption of the pay plan while staff continues to attempt to solve, resolve these issues internally. As an option for doing so, he suggested using Fox Lawson to hear concerns and to provide guidance for unresolved issues. He also suggested that the step increases be consistent with the practice in 1996, that they occur at the time of the employees anniversary date. He said the non-contract employees would receive the pay increases and an insurance premium increase of$15.00 retroactive to January 1, 1997. Sweeney/Zorn offered Resolution No. 4648, A Resolution Adopting the 1997 Pay Schedule For The Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. DuBois/Zorn moved to authorize Fox Lawson to hear salary adjustments that cannot otherwise be resolved at a staff level. Motion carried unanimously. Sweeney/DuBois moved to authorize payment of $1,000 to the City coalition contesting the investor-owned utility-sponsored personal property tax law changes for utilities. Cncl. Sweeney stated that $1,000 was a worthwhile expense to protect the six percent tax base. Motion carried unanimously. Mr. McNeill explained that a compressor needs replacing at the library and recommended replacing the entire air conditioning unit. Two quotes have been obtained and staff recommends awarding the project to Associated Mechanical Contractors with a bid of$4,290. Zorn/DuBois moved to authorize Associated Mechanical Contractors to replace the rooftop cooling unit, including economizer, at the Public Library at a cost of $4,290.00 Motion carried unanimously. Cncl. DuBois stated she had been contacted by a user of the Community Center asking for an advisory committee to the Community Center, with the issue being utilization of space. She asked if this is an area where an ad hoc committee could be utilized. Discussion followed. a Official Proceedings of the April 15, 1997 Shakopee City Council Page -12- Councilmembers concurred that it would be appropriate for the Park and Recreation Board to consider the establishment of an advisory committee. A recess was taken at 10:34 P.M. for the purpose of holding an executive session to discuss labor negotiations. Mayor Henderson re-convened the meeting at 10:48 P.M. and stated that no action was taken during the executive session. Mr. Voxland, Finance Officer, pointed out that the City Council offered to sell to the EDA the old City Hall building located in Block 4 for $75,000 plus assessments that are pending. The EDA has accepted the offer. Sweeney/Zorn moved to authorize the Mayor and City Clerk to sign the appropriate documents conveying the old City Hall building located in Block 4 to the Shakopee Economic Development Authority. Motion carried unanimously. Sweeney/Link moved to adjourn to Tuesday, May 6, 1997. Motion carried unanimously. The meeting was adjourned at 10:51 P.M. u off. d. eti_ dith S. Cox City Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA APRIL 28, 1997 Mayor Henderson called the meeting to order at 4:22 P.M. with Councilmembers DuBois, Zorn, Sweeney, and Link present. Also present: Mark McNeill, City Administrator; Gregg Voxland, Finance Director; Jim Thomson, City Attorney; and Judith S. Cox, City Clerk. Zorn/Link moved to accept the special call of the Mayor. In light of the fact that the printed agenda had changed from the items identified on the special call of the Mayor, Councilor Sweeney expressed his desire to only address items that are pressing. He explained why he felt the discussion items added to the agenda should be discussed in a work session. Mr. McNeill explained that there are two items that do need to be addressed by the Council tonight: one relating to the bond sale for the fire station and to hold an executive session to talk about the Ryan Contracting litigation. Mr. McNeill explained that Mr. Hay has advised that the Council could reduce the size of the bond sale for the fire station or they could designate the proceeds from selling the excess fire station site to go to a future bondable project. Motion carried unanimously. Sweeney/Zorn moved to approve the agenda: 3.a.) Bond Sale and 4.) Other Business: Executive Session to discuss matters permitted under attorney-client privilege. Motion carried unanimously. Items 3.b.) Library Facilities and 3.c.) Tennis Courts will be discussed at a future work session. Mr. Voxland explained that he had talked to bond counsel about the proceeds from the future sale of the excess fire station property. He was advised that the City has two choices relating to the use of these funds. The City could reduce the size of the bond sale currently being advertised or the City could use these funds for another bondable tax exempt purpose. Mr. Hay, bond counsel, recommends reducing the size of the bond sale to $3,140,000. Zorn/Sweeney offered Resolution No. 4661, A Resolution Amending The Size of The $3,400,000 General Obligation Building Bonds Series 1997A, and moved its adoption. Motion carried unanimously. Mayor Henderson recessed the meeting at 4:43 P.M. for an executive session to discuss litigation. Mayor Henderson re-convened the meeting at 4:47 P.M. No action was taken during the executive session. Official Proceedings of the April 28, 1997 Shakopee City Council Page -2- Sweeney/Zorn moved to adjourn to a work session to discuss library facilities and tennis courts that were on earlier on the agenda. Motion carried unanimously. The meeting was adjourned at 4:48 P.M. J . & c J dith S. Cox City Clerk Recording Secretary CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: May 15, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 05/15/97 . 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-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $103, 927 . 62 . Action Requested Move to approve the bills in the amount of $1,415, 999 . 62 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 05/15/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 193 16,549 19 12 CITY ADMINISTRATOR 249,980 5,473 60,720 24 13 CITY CLERK 166,720 6,294 50,911 31 15 FINANCE 322,780 16,522 83,333 26 16 LEGAL COUNSEL 217,320 7,291 55,338 25 17 COMMUNITY DEVELOPMENT 451,290 910 84,760 19 18 GENERAL GOVERNMENT BUILDINGS 146,940 6,732 40,932 28 31 POLICE 1,703,140 57,802 571,165 34 32 FIRE 448,990 4,721 104,625 23 33 INSPECTION-BLDG-PLMBG-HTG 245,070 8,910 77,015 31 41 ENGINEERING 425,780 13,810 102,902 24 42 STREET MAINTENANCE 781,860 13,225 206,285 26 44 SHOP 126,540 5,041 38,517 30 46 PARK MAINTENANCE 350,420 12,085 71,313 20 91 UNALLOCATED 622,630 147 31,994 5 TOTAL GENERAL FUND 6,348,870 159,156 1,596,360 25 17 COMMUNITY DEVELOPMENT 496,770 30,608 158,705 32 TOTAL TRANSIT 496,770 30,608 158,705 32 H a) to as a a 4 a a a a a a a aaa a aaaaaCl.at.aaaaaa a as a H H H H H H H H H H H HHHHHHHHHHHHH H HH H X C4 W 0 CO aX A z 0 z w 0 t`a) 0101 H `O r co a1 Oo0000000000o H Ln Ln N 0 LO CO co co 01aa01a01010101010101a a) 0o a) > H M Cl LOQ W Cl MMMMMMMMMMMMM Cl a)a) Cl Z 0 Ln v w In a' w 011 01 01 in Ln Ln U)In Ln to Ln Ln In Ln Ln Ill In to N b Ln H Cl 0 M Cl 0 M Cl 01 01 01 0 000 0000000000 0 HH 0 M 0 Cl M 0 Cl Cl Hr-IH 0 0000000000000 0 ICIln 0 N H a) Cl H CO CO 000 to HHHHHHHHHHHHH N. in O LO H N co N a0 a) N N HHH N MMM MMMC MMMMMM N CO N ZCL4 H H H H H H H MMM H HHHHHHHHHrHHH H MI` H A W N N N N N N N dr 1'.4. 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H C` 01 01 H Cl) Cl) Q H H is) Z U U H om- om ox. I'7 17 C, C C -, Q ?+ 0 0 H H Z X Z a Z a H H W z X a X H 0 E. w p a 4 a z Q U X Ct, > H w a s Z H E aa X 4 aQ w 0 w Z Z CL. Z > P. FC a > 0 azQ a X a X U X x 0 H Ca H z Z Cm a G. H Cl) a H m a F. a H CCi. H a 4 4 H a ,-) 0 to X H a 0 H 4 £ FC H a gt . 01 cn H cn rt a a. Z 3 E a Cn H z x H E Cl) w a 0 C7 aH x H W U '.0 a H a '.7 a C) a Z z'a Kt a a F4 01 0 al a Z 0 Ct, U H U a a Q 4 4 a rn 4 01 H PIC H a Cr) z Cl) x 0 H w a U 0 H Pa H Ct. Cl) Cl) a s H a U a X H C' in 0 H Ul N- 01 O H o o 0 0 0 co U O H H N N N M M V' 1' H M d' Ul a0 V' O H H 0. C c}, d' Tr d' N N N N N aO a H 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t it 3t 3t 3t U Z Q Q A A A 00000000000 D ZZ Z ZZ Z ZZ Z ZZ ZZZZZ O A X D A D z z a A D X z a A X z U Cr.. Cx, Cz, Cx, Cs., Ct., Cx, Cy.., C:., Cx, Cx., Ct, Ct., Cr. Cr. Cx. 1z , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Drainage and Utility Easements in Lot 3, Block 1, Canterbury Park First Addition MEETING DATE: May 20, 1997 ITEM NO.: 12 INTRODUCTION: The City has received a request from Jon Albinson, on behalf of Valley Green Business Park. to consider the vacation of a drainage and utility easement which was mistakenly created on Lot 3,Block 1, Canterbury Park First Addition. ALTERNATIVES: I. Approve the vacation of the subject easement subject to the following conditions: II. Deny the request to vacate the subject easement. III. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the request at it's May 8, 1997, meeting, and unanimously recommended vacation of the easement. ACTION REQUESTED: Offer and approve Resolution No. 4669 vacating the subject easement. o R. Michael Leek Community Development Director 1 VACCP 1 ST.DOC/RML RESOLUTION NO. 4669 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A DRAINAGE AND UTILITY EASEMENT WITHIN LOT 3,BLOCK 1,CANTERBURY PARK 1ST ADDITION WHEREAS,a drainage and utility easement has been dedicated in Lot 3,Block 1, Canterbury Park 1st Addition, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS,it has been made to appear to the Shakopee City Council that this easement serves no public use or interest; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 20th day of May, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1) That it finds and determines that the vacation hereinafter described is in the public interest; and 2) That the following drainage and utility easement within Lot 3,Block 1, Canterbury Park 1st Addition, City of Shakopee, County of Scott, State of Minnesota, serves no further public need: The North 20.00 feet of the South 104.31 feet of Lot 3,Block 1, CANTERBURY PARK 1ST ADDITION, Scott County, Minnesota; except that portion which is dedicated Drainage and Utility Easement according to said plat. 3) That the right-of-way described above is hereby vacated. 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. VACCPI ST.DOC/RML 2 Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk VACCP I ST.DOC/RMI., 3 CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Drainage and Utility Easements in Lot 3, Block 1, Canterbury Park First Addition MEETING DATE: May 8, 1997 ITEM NO.: 10 SITE INFORMATION: Applicant: Jon Albinson on behalf of Valley Green Business Park Current and Adjacent Zoning: I-2 (Heavy Industrial); See attached zoning map INTRODUCTION: The City has received a request from Jon Albinson, on behalf of Valley Green Business Park. to consider the vacation of a drainage and utility easement which was mistakenly created on Lot 3, Block 1, Canterbury Park First Addition. (See attached letters from Mr. Albinson and Edward Roe of Aurora Casket) The public hearing on this request is scheduled before the City Council on May 20, 1997. A recommendation from the Planning Commission is needed for the vacation process. DISCUSSION: Other agencies and city departments have reviewed this application information, and the following comments have been received. • The City Clerk has commented that the vacation should be approved on the condition that the easement originally required be granted. ALTERNATIVES: I. Recommend to the City Council the approval of the vacation of the subject easement subject to the following conditions: VACCPIST.DOC;Rh1L 1 A. That the originally required easement be granted, or in the alternative, that it be verified that it has previously been granted. II. Recommend to the City Council denial of the request to vacate the subject easement. III. Table the decision to allow staff or the applicant time to provide additional information. STAFF RECOMMENDATION: Staff recommends the approval of the vacation, subject to the listed condition (Alternative No. 1). ACTION REQUESTED: Offer and pass a motion recommending to the City Council the approval of the vacation, subject to the listed condition. ‘7/0 R. Michael Leek Community Development Director i:\commdev\boaa-pc\1997\may08\vaccp 1 st.doc V\CCPIST.DOC'RMI. 2 jillL__Va 1.1CY IIini March 31, 1997 BUSINESS PARK RECiEltWeilD Mr. Michael Leek APR 1 1997 Community Development Director CITY OF SHAKOPEE 129 South Holmes Street Shakopee, MN 55379 Re: Request for Drainage and Utility Easement Vacation Dear Michael: Enclosed is a completed application for the vacation of a drainage and utility easement that currently lies within Lot 3, Block 1, Canterbury Park First Addition, our check in the amount of$119.50 representing payment of applicable fees, a certified list of property owners within 350' of the lot, an easement exhibit defining the area to be vacated, drafted by Peters, Price and Samson Land Surveyors, and a copy of Document No. 59983. In October, 1992, Valley Green Business Park Limited Partnership sold all of Lot 2 and part of Lot 3, Block 1 Canterbury Park First Addition to Aurora Casket Company. At that time, we requested and received approval for an administrative lot reconfiguration which combined Lots 2, 3, and 4 of Block 1 Canterbury Park First into two parcels of record versus three. A condition of that approval was the vacation of old drainage and utility easements and establishing new drainage and utility easements on the revised lot line. Those easements were meant to be established by Document No. 59983. We recently went under contract to sell the other parcel not sold to Aurora, and in the title review found that Document No. 59983 had a typo in it and did not establish the northerly drainage and utility easement on the residual lot, but in fact, created it in the middle of the Aurora lot. This easement now exists and is under the Aurora Casket building. Our request is to extinguish this easement and eliminate any future title problem for Aurora. If you have any questions on this item, please call. Otherwise, we will assume this request will be heard at the next Planning Commission meeting schedule for April 8 and by the City Council on April 20. Respectfully, VA E . GREEN USINESS PARK Jo R. Albinson <roject Director JRA:jmc Enclosures cc: Edward Yoe -Aurora Casket Company (w/o encl.) 52 -- _ . = :5- 372 31-9'r MON i C 50 �;;ASKE i CO. FAX NO. 812'161889 18tl9 r. U2-'�2 ori ur March 31, 1997 Mr. Jon R. Albinson Project Director Valley Green Business Park 5240 Valley Industrial Boulevard South Shakopee, MN 55379 Re: Utility and Drainage Easement Vacation Dear Jon: We hereby approve your actions as the applicant on the drainage and utility easement vacation, a process you are undertaking for an easement that currently exists on the Aurora Casket property (Lot 3, Block I, Canterbury Park First Addition). Sincerely, Aurora Casket Company, Inc. Al.a/OW 1?fi Edward L. Yoe Vice President-Finance u,4 . •s . , 7 _ Yr • \\I . ...•• • j • BLUE \ LAKE lipiiik ='�`.`` MR F r—r----L.i ` - , B1 - AG 12 ' 7 -� 3 11 SUBJECT SITE>'�`� �itrik� F F -� "` Ova ,� 12 ••••••::—. `� �j� �. Ni as ) . .FA, R , 1 LEGEND MR1 . Ili ''j �nderlyinq Zones CIRIMIYIPV 7.-17-7-, 4.crcuiture scan-uswillib7 = B 1 7 r_ Rural Resident ci Av'r- R' i Low Density Residential � ,R__ Urban Resident:ci \; B1 11 !—.C; Old Shakopee Residential I1 4.-.\, R2 Medium Density Residential R lib I R3 I Multiple Family Residential 'Q DEAN I High.vcy Business B Office Business /7/42. Z • R ��� B3 Oer,;rcl Business LAKE A:751 AG 11 i Light Industrcl /� ,iii4-1111) • L !z ! Heavy industrial / p I Moor Recreat'on 0`;er'cy Zones 16 —S^ orelcrd 9 _ i --r —r. oadplcln Distr!ct J ° Ove~cy AG ill II 111U 6i.W4.'R91.1A....Nri;7etStir3M'e:YMMM116M66I1,141I i 1:'.' 'v" 'V N8A4f4Y1"t4'Yl*4klrl.1i:.tue4,740, ebi3OUW,: EASEMENT E / 60 ,;; P D Foot Per the Drano 20 '! t ST ADpt����of CgNr�tit;V E°se I So JRB RY pARKnt / of thele of the \ \th 104 3t fee 20 00 fe b ort�On o [�.' , \ t of CO et voco f Eose I 'tel -c t3 ted mint to,�► ; .. . •:• ... :\9:..• p43line 20 -�_ •. . . . . . . . _ 1f the \' _ • . - - eet °f C SOuth —� � i.„„.‘I4 / / '114 i -_ . . . . . . - --.,,, / 4, „_ .4. Sbu i2056' 4 f e _ \ 3-�5/ 0 0/ •• � eetofCOt3theNorth84T'� �► ,....,_.../ \ / ‘p4$' 1// t1::::<:, / AN.4S, c' /A-S\f/ / 1 South --------- f--- �03/(0,, ���'�� OfLot lie of Lot 3za< �� w the North line -____, -----;-- (V.74' O. CD 8 \\19 F'4 20 •• Nip cn \ \\ ecg y c I o II \ ‘,. ) it \;) I N liii \ fl \ , , , N• • il • / / 4/ • 4 \ `•• I //, �� u II < , , / � , ;CALE IN FEET \C--1.---‘:\\: • k / \ eqF ,'llb, /iiriii ' If/ PROPOSED EASEMENT VACATION \ ,‘ // e'l ' The North 20.00 feet of the South 104.31 feet of /h: Lot 3, Block 1, CANTERBURY PARK 1ST ADDITION, \ %, piScott County, Minnesota; Except that portion which is \95) `\,' /,. dedicated Drainage and Utility Easement according to said ° plat. p' P' # 7w APR 1 1997 I hereby certify that this plan , report or specification was prepared ny me or under my direct supervision and that I an a duly registered Land Surveyor under the laws of the State of Minneso a. Dated this y6'da of Ala r , 199 7 PETE , Po`��4 S SURVEYORS, LTD. Rob t L. Peters, Land Surveyor Minnesota License No. 14890 /3 . f, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Crossroads Center MEETING DATE: May 20, 1997 ITEM NO.: Introduction: Midwest Commercial Development has requested approval of the preliminary plat of Crossroads Center. The request is accompanied by a request for several variances which result from 1) use of the retail center CUP mechanism in the zoning ordinance and 2) the need for additional right-of-way for the intersection of Vierling Drive and CSAH 17. Discussion: The public hearing was held on this matter before the Planning Commission on April 17th and May 8th. One of the issues specifically discussed was park dedication. The Planning Commission recommended that that the Council authorize a full appraisal of the market value of the property. The applicant requested, and the Commission recommended that the park dedication be pro-rated on the basis of lot area. Alternatives: I. Approve the preliminary plat with the following conditions; A. A landscape plan must be submitted with the final plat application. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. PPCROSS.DOC/RML 1 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. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The developer shall provide access easements to the ponding areas. 5. The developer shall provide the necessary access agreements for Outlot A. II. Revise the conditions and/or findings recommended by staff, and approve the Preliminary Plat for Crossroads Center subject to the revised conditions. III. Deny the request for approval of the Preliminary Plat for Crossroads Center. IV. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Planning Commission Recommendation: The Commission recommended approval of the proposed preliminary plat and requested variances, with the additional condition that, in the event the park dedication requirements are not revised, the Council seek an independent, full appraisal of the subject property's market value. Action Requested: Offer and approve Resolution No. 4670 approving the preliminary plat with conditions. R. Michael Leek Community Development Director PPCROSS.DOC/RML 2 / 3. . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Crossroads Center MEETING DATE: May 20, 1997 ITEM NO.: Introduction: Midwest Commercial Development has requested approval of the preliminary plat of Crossroads Center. The request is accompanied by a request for several variances which result from 1) use of the retail center CUP mechanism in the zoning ordinance and 2) the need for additional right-of-way for the intersection of Vierling Drive and CSAH 17. Discussion: The public hearing was held on this matter before the Planning Commission on April 17th and May 8th. One of the issues specifically discussed was park dedication. Elsewhere on this agenda the Council will be considering an amendment to the park dedication requirements. If adopted, park dedication would be essentially capped by the proposed fee of$4500 per acre. The Planning Commission recommended that if the amendment is not adopted by the time of final plat approval of Crossroads Center, that the Council authorize a full appraisal of the market value of the property. The applicant requested, and the Commission recommended that the park dedication be pro-rated on the basis of lot area. Alternatives: I. Approve the preliminary plat with the following conditions; A. A landscape plan must be submitted with the final plat application. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. PPCROSS.DOC/RML 1 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. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The developer shall provide access easements to the ponding areas. 5. The developer shall provide the necessary access agreements for Outlot A. II. Revise the conditions and/or findings recommended by staff, and approve the Preliminary Plat for Crossroads Center subject to the revised conditions. III. Deny the request for approval of the Preliminary Plat for Crossroads Center. IV. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Planning Commission Recommendation: The Commission recommended approval of the proposed preliminaryPlat and requested variances, with the additional condition that, in the event the park dedication requirements are not revised, the Council seek an independent, full appraisal of the subject property's market value. Action Requested: Offer and approve Resolution No. 4670 approving the preliminary plat with conditions. 0 R. Michael Leek Community Development Director PPCROSS.DOC/RML 2 • filECraliVIEIDY Crossroads Center Loucks Project No. 96126 APR 1 71997 Conditional Use Permit(CUP) Narrative April 16, 1997 To develop this site as retail center and in line with the City CUP procedure, it is necessary to request variations to the City standards as follows. These variations are a direct result of subdividing the property for individual ownership while maintaining common parking and access drives, inherent to retail centers. Street Frontage(Frontage on a public right of way) Lot 2, Block 1 (Frontage on a common outlot for access) Lot 2, Block 2 (Frontage on a common outlot for access) Lot Area(1.0 acre minimum) Actual Variation Lot 2, Block 1 0.40 acre 0.60 acre Lot 2, Block 2 0.78 acre 0.22 acre Lot 3, Block 2 0.86 acre 0.14 acre Interior Building Setback(30' front, 20' side, 30' rear) Actual Variation Lot 2, Block 1 2' (front) 28' (front) Lot 3, Block 1 19' (rear) 11' (rear) Lot 5, Block 1 8' (rear) 22' (rear) Lot 3,Block 2 28' (rear) 2' (rear) Interior Parking Setback(5' to interior lot lines) Actual Variation Lot 1, Block 1 0' 5' Lot 3,Block 1 2' 3' Lot 6, Block 1 4' 1' Lot 1, Block 2 3' 2' Impervious Surface(75%maximum impervious) Lot 1,Block 1 Greater than 75% Lot 3,Block 1 Greater than 75% Lot 4, Block 1 Greater than 75% Lot 2, Block 2 Greater than 75% Lot 3,Block 2 Greater than 75% All building and parking setbacks to the exterior of the site are per City standards. \96126\misc\cupnara2.doc RESOLUTION NO. 4670 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,APPROVING THE PRELIMINARY PLAT FOR CROSSROADS CENTER WHEREAS,Midwest Commercial Development, the applicant, and the Vierling Partnership, owner of said property, have applied for preliminary plat approval; and WHEREAS,the property for which the request is being made is legally described as; nntlots D, Prairie Estates Ist Addition, Scott County, Minnesota; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary and Plat of Crossroads Center on April 17, 1997, and May 8, 1997, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,as follows: That the Preliminary and of Crossroads Center is hereby approved with variances(as requested by applicant's narrative dated April 16, 1997) subject to the following conditions: A. A landscape plan must be submitted with the final plat application. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets 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. PPC ROSSDOGRRII. 3 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The developer shall provide access easements to the ponding areas. 5. The developer shall provide the necessary access agreements for Outlot A. 6. Storm water trunk charges shall be paid in accordance with adopted City policy. 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 PI'CROSS.DOC/R NII, 4 CITY OF SHAKOPEE Memorandum TO: Planning Commission FROM: R. Michael Leek, Acting Community Development Director SUBJECT: Preliminary Plat of Crossroads Center MEETING DATE: May 8, 1997 ITEM NO.: 6 Introduction: At its April 17th meeting, the Commission continued this item for additional information and to give staff the opportunity to review the revised request for variances. Discussion: Park Dedication: Two issues were identified in connection with park dedication; 1) what value should be used in calculating the required park dedication, and 2) whether park dedication would be required for the largest parcel in the proposed plat. In order to address the first issue the City Attorney was consulted. If the applicant's agreement to purchase the land is a purchase agreement, then the Commission should use the negotiated price (i.e. $3.1 million) in determining the required park dedication. If the applicant's agreement is an "option" agreement, then the Commission may use the appraisal provided by the applicant, or may recommend to the City Council that the City secure a separate appraisal. Staff has looked into the exceptions to platting and park dedication contained in Minnesota statute, and has consulted with the City Attorney about those exceptions. Staff has concluded that those exceptions do not apply where the applicant has submitted itself to the City's plat review process. In any event, they would not apply in this case, as the exception relates to subdivisions in which the lots are all 5 acres or larger. Variances: Staff has reviewed the revised list of variances, and had determined that they would not materially impact the proposed preliminary plat. However, staff received that attached April 24th memorandum to Bruce Loney, City Engineer, from Charles Rickart of WSB, the City's engineering and traffic consultant. This memorandum is based on a review of the transportation study provided by the applicant. It recommends an intersection design which would 1) maintain 2 lanes in each direction, 2) provides left-turn lanes, 3) provides PFPCROSS.DOC.'R\II. a raised concrete median from CSAH 17 to a point past the west site access. This design would require additional right-of-way, and will require the applicant to revise the proposed preliminary plat. This, in turn, will require a revision to the list of requested variances. Because of the date on which the memorandum had been received, the applicant had not had the opportunity to make the necessary changes by the time this report was prepared. Alternatives: Recommend approval of the preliminary plat with the following conditions; A. Additional right-of-way dedication may be required along Vierling Drive; B. Prior to review by the City Council of the Preliminary Plat, the following actions must be completed: 1. The preliminary plat and variance requests be revised to reflect the additional right-of-way required for Vierling Drive. 2. A wetland delineation shall be submitted along with a narrative describing the erosion control for the site. 3. Submit a formal, separate request that park dedication be deferred to the time of building permit application. C. A landscape plan must be submitted with the final plat application. D. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of 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. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The developer shall provide access easements to the ponding areas. 5. The developer shall provide the necessary access agreements for Outlot A. PFPCROSS.DOC/RAIL 2 II. Revise the conditions and/or findings recommended by staff, and recommend approval of the Preliminary Plat for Crossroads Center to the City Council subject to the revised conditions. III. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Crossroads Center. IV. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Recommendation: Staff recommends alternative I. Action Requested: Offer and pass a motion recommending approval of the preliminary plat with conditions. R. Michael Leek Community Development Director PFPCROSS.DOC RML. 3 Apr-24-97 01 :05P P .02 350 Westwood Lake Office �[iuelsa.dt. Bret A.Wein.P.F. W B 8441 Wayzata Boulevard Minneapolis, MN 55426 Peter It.Willenbring.P F r).,nald W.$tern..r>. Ronald B.Buy,P.E. s� 612-541-4800 V Associates,Inc. FAX 541-1700 Memorandum To: Mr. Bruce Loney, P.E. City of Shakopee From: Charles T. Rickart WSB & Associates, Inc. Copy to: Bret Weiss, WSB & Associates, Inc. Date: April 24, 1997 Re: Shakopee Retail Center Traffic Study WSB Project No. 1071.00 As you requested, I have reviewed the final traffic study prepared for the Shakopee Retail Center located in the southwest quadrant of CSAH 17(Marschall Road) and Vierling Drive. In general,I agree with the format and methodology of the traffic study. However,based on my review, I offer the following comments: 1. The analysis looked at the years 1997 and 1998. In order for the City to provide roadway capacity on Vierling Drive in the future, a five-year(2003) and ultimately, 20-year (2018) time frame should also be analyzed. This would involve making assumptions on developable land in the immediate area. 2. The study indicated that approximately 15% of the site traffic would be directed westbound on Vierling Drive. Based on the additional traffic on Vierling Drive, the intersection of Spencer Street and Vierling Drive should also be analyzed. 3. The study indicated that a Level of Service D (LOS D) is generally considered an acceptable level of traffic operations in urbanized areas during peak hours. This is a true statement, however, in developing areas such as the City of Shakopee, a more desirable level of service would be LOS C. 4. The study indicated that traffic signals are justified at the intersections of CSAH 17 (Marschall Road) at Vierling Drive and Vierling Drive at both east and west side r' wv,nrnrurr 44.44:41.1 IL Infrastructure Engineers. Planners EQL'A1.01'1-V14.11..NI Y I MP1 ig Apr-24-97 O1 :O5P P .O3 entrances. I concur with the analysis that signals are justified or will be justified with the proposed development. However, the study went further to indicate that the signalized intersection for the site entrance should be located at the west entrance to encourage traffic to that intersection. Based on the review of the site plan and the location of the proposed land uses,it is very unlikely that traffic that is destined to the drive-in bank, the convenience gas station and fast food restaurant would travel out of their way to a traffic signal to come back to those uses. 5. The study proposes that Vierling Drive be narrowed to a two-lane facility with left and right-turn lanes provided at the site access and at CSAH 17 (Marschall Road). Currently, Vierling Drive is a four-lane facility from east of CSAH 17 (Marschall Road) to the intersection with Spencer Street. The estimated ADT in front of the proposed development is 17,000 vehicles per day in 1998. A rule of thumb is that any roadway with ADT's of over 8,000 to 10,000 vehicles per day should be four-lane facilities. Vierling Drive is' also designated as a minor arterial in the City's comprehensive plan. By narrowing this roadway in front of the development to two lanes, this would cause a bottleneck between CSAH 17 (Marschall Road) and the west side of the proposed development. 6. The PM peak hour estimated turning volumes indicate that approximately 440 trips per day would turn left at the east access and 270 trips per day would turn left at the west access. Another rule of thumb is that left-turning volumes of over 300 vehicles per hour should be considered for dual left turns. 7. The queuing analysis indicated that a 250-foot left-turn bay would be required for the left turn from Vierling Drive onto CSAH 17 (Marschall Road) and that a 75-foot left-turn bay would be required for turning vehicles into the proposed development at the east entrance. It also indicated that a 5:1 taper could be used into the left-turn lanes. With respect to the turn lane lengths, it is my estimation that a minimum of a 225-foot left turn lane would be required for turning into the proposed east access and a 200-foot left turn lane would be required into the west site access. With respect to the 5:1 taper, this taper is commonly used for striped left-turn lanes, however, with a raised concrete median, a 5:1 taper is not negotiable by a vehicle. The taper should be a minimum of 7.5:1 with a 10:1 taper being desirable. Based on the analysis of the proposed development,the traffic study and the comments stated above, the following recommendations are made. The attached figure illustrates the proposed roadway geometries and right of way requirements. 1. Maintain two lanes in each direction throughout the project area. r.wvwM^w1,00‘04:#9,OL Apr-24-97 01 :05P P .04 2. Provide for a minimum of 250-foot left-turn lanes, for both the left turn to CSAH 17 (Marschall Road) and the left turn into the proposed east site access. Provide a minimum of a 200-foot left turn lane into the west site access. 3. Provide for a raised concrete median from CSAH 17 (Marschall Road) to past the west access. The median should be constructed to allow the addition of future left turn lanes into any proposed development north of Vierling Drive. 4. Construct traffic signals at both CSAH 17 (Marschall Road) and the west site access road as indicated in the traffic study. 5. Provide for 120 feet of right-of-way from CSAH 17 (Marschall Road) to just past the east site access road. Provide for 100 feet of right-of-way from the end of the 120-foot section to approximately 500 feet past the west site access road. The proposed roadway geometries and right of way requirements stated above and shown on the attached figure will provide capacity and good traffic operations for existing traffic conditions (1998), assuming the present development, and future needs on Vierling Drive. nm f iW'W1MJO?!00,04:49,ac Apr-24-97 01 :06P P .05 IF ill III' I .e e. til (Vpl riVIPSATO t 1 11YS7 1 CCS , i, . 4,iQ) ers'3V a►+t1nd r '\ r•. 'Tonal/mu o //zit:/� U. s •�1 tx o / C 7/i', cs4),, o 1..._ . 7:::: ,',,,, 7-} • .ir ct , c..) , , , i 1 ..... , i , ., I I 1 CA o i / R o 1 ,1 ( i—( t i I. l t `(1411.111 a III.: . 4.1: -. 1i ? i. 1. 1 3 o CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Crossroads Center MEETING DATE: April 17, 1997 Site Information: Applicant: Midwest Commercial Development Site Location: At the southwest corner of Vierling Drive and C.R. 17 (Marschall Road) Current Zoning: Highway Business (B-1) Adjacent Zoning: North: AG Agricultural Preservation South: AG Agricultural Preservation East: B1 Highway Business West: R2 Medium Density Residential R-1B Urban Residential Comp. Plan: Commercial Area: 26 acres Exhibits: Exhibit A: Zoning Map Exhibit B: Preliminary Plat Exhibit C: Requested Variances Exhibit D: Engineering Memo Exhibit E: Limited Restricted-Appraisal Report Cover Exhibit F: March 21, 1997, letter from Scott Ericson regarding appraisal Introduction: Midwest Commercial Development is requesting Preliminary Plat approval for a commercial development. The applicant has already received approval from the Board of Adjustments and Appeals(BOAA) of a conditional use permit(CUP) for a"retail center." The preliminary plat is consistent with the CUP. PPCROSRD.DOC.RMfL I Considerations: 1. The Building Official has commented that sewer and water services will be reviewed for code compliance at the time of building permit application. 2. Since the area is not identified as a future park site in the City's Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. The applicant must submit a brief, separate written request to have payment of park dedication deferred to the time of building permit. Staff's understanding is that the recent purchase price of the property is about$3.1 million, which would result in a cash dedication of$310,000(i.e. 10%)or$34,444 per lot. The applicant had a limited appraisal done, which resulted in a valuation of$751,000, which would result in a cash dedication of$75,100 or$8,344 per lot. As the applicant's letter indicates, he believes the assessed valuation of$210,000 should be used, which would result in a cash dedication of$21,000 or$2,333 per lot. City Code Sec. 12.07 (Design Standards) Subd. 5 (Dedications) B.3. sets forth the Following methods for determining park dedication in order of priority, • the price the subject land sold for within the past year, • an appraisal performed for or on behalf of the city within the past year, • an appraisal performed for or on behalf of the subdivider within the past year, • the value determined by the County Assessor... . 3. The Engineering Department has reviewed this application and has provided the attached comments. (These comments are attached as Exhibit D). These recommendations have been incorporated into the conditions of approval. Requested Variances: The applicant is requesting numerous variances under Sec. 12.13 of the City Code as a part of this preliminary plat application. The variances largely result from nature of the site plan approved under the city's retail center CUP process, and the applicant's need to divide individual lots for ownership purposes. Following are proposed findings, A. The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. The variances result from the applicant's use of the retail center CUP mechanism of the City Code. The design standards for retail centers are specifically designed to insure that such centers will not be detrimental or injurious. Moreover, the applicant's CUP plan, through a number of public meetings, has been tailored to specifically respond to the neighborhood. PPCROSRD.DOC'RSIL 2 B. The conditions upon which the request for a variation are based are unique to the property for which the variation is sought,and are not applicable,generally, to other property. The conditions upon which the request for variations are based specifically result from the use of the retail center CUP, which intentionally limits access to the site from public roadways. These conditions are not generally applicable to other property. C. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. Literal interpretation would not permit the development of a retail center with limited access and a private, internal circulation plan. D. The special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances result from the applicant's efForts to comply with the terms and conditions imposed on retail centers generally, and this project specifically, and not the independent actions of the applicant. E. Because of the particular physical surroundings,shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Because of the size of the property, the fact that it is bounded on 3 sides by significant roadways and on the fourth by a single-family residential area, it would be very difficult to develop the site commercially if public roadways were required on the site itself to mitigate the variances. Alternatives: Recommend to the City Council the approval of the preliminary plat of Crossroads Center, subject to the following conditions, as well as the findings set forth above regarding the variances: A. Additional right-of-way dedication may be required along Vierling Drive; B. Prior to review by the City Council of the Preliminary Plat, the following actions must be completed: 1. A wetland delineation shall be submitted along with a narrative describing the erosion control for the site. 2. Submit a formal, separate request that park dedication be deferred to the time of building permit application. C. A landscape plan must be submitted with the final plat application. PPCROSRD.DOC R.II. 3 D. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of 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. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The developer shall provide access easements to the ponding areas. 5. The developer shall provide the necessary access agreements for Outlot A. II. Revise the conditions and/or findings recommended by staff, and recommend approval of the Preliminary Plat for Crossroads Center to the City Council subject to the revised conditions. III. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Crossroads Center. IV. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends that the Planning Commission recommend approval, subject to conditions, of the Preliminary Plat of Crossroads Center to the City Council (Alternative No. 1). PPCROSRD.DOC.'RML 4 Action Requested: Offer a motion to recommend approval, subject to conditions and findings, of the Preliminary Plat of Crossroads Center, to the City Council, and move its approval. R. 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' ' ,----1,.:_: ,.________• . /.1 , , ; / : ....,...................................7r,?••••_ - _- • 4 !, ., I'4. 31 ,...•,...„,..,,-3„.__7,, r._„_----71, r---71:6,',3 ' --- -LI-;L:.1: •.'!!'-1 1$i.,a;,•-•iis 1.0.M_:_y____;L.--J-- ; 1 i .- 1 sEcr sits,. !i ......-----%' • , - /4 st13z ..._ _IP.11111111"ri/ I. 1 • ______---- _..• 2...-: ,. - 2 7:-,_:. ..„.-• ________,_,„........r.---------------"---' „..---,--.. - .-_-,..„, 1-,_,-.2,-,-:, _ 11 i ..._ _ :--7------• ....„,-, --,..„.„--,.:. . ,, , .,..z.:*...--, 27:-:-s:-... 17ts : -: : --,-_,. !..,:t ,::: = F7. y S : -- :;:e ,--"• •••:,::',/ FiL.:.S.r-eSS ' -='; : ;:::•Ci 7.-7.-.S.7iSS IIII __ _ •TZ17.: ---- ' 2 -7::•y 1-11 :111 - • - _ • 7. ‘... • 1_ : -F.: 5_ --• EXIIIBIT A .- - -_ • Crossroads Center Loucks Project No. 96126 Conditional Use Permit (CUP) Narrative March 24, 1997 To develop this site as retail center and in Iine with the City CUP procedure, it is necessary to request variations to the City standards as follows. These variations are a direct result of subdividing the property for individual ownership while maintaining common parking and access drives, inherent to retail centers. Street Frontage (Frontage on a public right of way) Lot 2, Block 1 (Frontage on a common outlot for access) Lot 2, Block 2 (Frontage on a common outlot for access) Lot Area (1.0 acre minimum) Actual Variation Lot 2, Block 1 0.40 acre 0.60 acre Lot 2, Block 2 0.78 acre 0.22 acre Lot 3, Block 2 0.86 acre 0.14 acre Interior Building Setback (30' front, 20' side, 30' rear) Actual Variation Lot 2, Block 1 2' (front) 28' (front) Lot 3, Block 1. 25' (front) 5' (front) Lot 6, Block 1 23' (front) 7' (rear) Lot 3, Block 2 28' (rear) 2' (rear) Interior Parking Setback (5' to interior lot lines) Actual Variation Lot 1, Block 1 0' 5' Lot 3, Block 1 2' 3' Lot 4, Block 1 2' 3' Lot 6, Block 1 4' 1' Lot 1, Block 2 3' 2' Impervious Surface (75% maximum impervious) Lot 1, Block 1 Greater than 75% Lot 3, Block 1 Greater than 75% Lot 4, Block 1 Greater than 75% Lot 2, Block 2 Greater than 75% Lot 3, Block 2 Greater than 75% All building and parking setbacks to the exterior of the site are per City standards.� � 1v '�) \961:6\mise W \cunn.rra.doc C(�ILI'`'l✓ MAR 2 .5 1997 EXHIBIT C City of Shakopee Memorandum TO: Michael Leek,Community Development Director FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Crossroads Center-Preliminary Plat DATE: April 10, 1997 After review of the referenced application submittals, I have the following comments for the applicant, and for the planning department: Streets A traffic study was submitted by the applicant's traffic engineer which shows the projected traffic volumes for the development. This report is currently being reviewed by the City's consultant, to determine what improvements are needed along Vierling Drive, as well as the improvements for the intersection of Vierling Drive and County Road 17. It is anticipated that additional right-of-way will be required,but it is unknown at this time how much. Prior to the preliminary plat going to the City Council, the amount of additional right-of-way required will be known, and at that time staff will recommend the dedication of additional right-of-way. It appears that the site plan will not change with the dedication of additional right-of-way, because of the extra setbacks provided for along the north side of the plat drawings. Erosion Control/Wetland Delineation The applicant has not provided a narrative for erosion control as required. A wetland delineation for the site has not been submitted to the City. Recommendation Recommend approval of the preliminary plat, subject to the following conditions: a) Additional right-of-way dedication may be required along Vierling Drive; b) Prior to review by the City Council of the Preliminary Plat,the following action must be completed: 1. A wetland delineation shall be submitted, along with a narrative describing the erosion control for the site. EXHIBIT D c) Prior to recording of the Final Plat,the following actions must be completed: 1. Execution of the Developers Agreement; 2. The Final Construction Plans and Specifications must be approved by the City Engineer; and 3. The developer shall provide access easements to the ponding areas. g;rttX'trtt-XZ6"..'"° 4fectez � e of• 2021 SOUTH MARSCHALL ROAO SHAKOPEE, MINNESOTA 55379 • e PHONE:(612)445.5150•FAX:(612)445-5150•PAGER'350-4413 * Building Code Plan Analyst-Code Compliance Inspections-Environmental Assessments March 15, 1997 Shakopee Associates, LLP. 5928 Walnut Drive Edina,Minnesota 55436 • Dear Mr. Ericson: You have authorized me to perform this limited restricted appraisal assignment fully understanding that it may not be as accurate as a complete appraisal and,you have decided that at this time it is appropriate for your intended needs. The contents of this report is exactly what you requested after being advised of its uses and limitations. In performing this limited assignment I have complied with all of the professional appraisal standards and guidelines which regulate appraisal conduct and reporting rules except for. providing you with a full complete report. My file on this assignment contains the required information to convert this valuation • letter into a full report when requested to do so by yourself or a regulatory agency. My departures from USP AP Standards and Rules have been declared and are considered permissible by U SPAP. • As a result of my investigation and limited appraisal. I am of the opinion the value of the property as of March 15. 1997 as a whole was; Seven Hundred and Fifty One Thousand Dollars (3751,000.00) My value estimate has been made after a personal inspection of the property. Reasonable care has been taken to verify factual data presented in this report and in my appraisal work file on which I based my conclusion on. The Limited Restricted Report Regulations requires that I maintain the supporting data in a workfile. If you desire to view the contents of this workf)le, please contact me. If you have any questions or comments regarding the value estimate. please feel free to contact me. 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I o oz �/� • ' 1 N < In 1 tel i I I I WW I I I; W Q} , 11. 1 \1 I • O zr I I I' m • N ob L, s �� �`• I 3.60,£1.00 S • ��J\� 1� 90• .6[£ L'B£ •• ^z cam_ I`�� ` m\--1WS3(PPO- cl r ` 1 ti-1WS3 MO-.� N I. --"- I g 3 .60,£1.00 S 17 M 1 i1 f. _ M _ 3„80,£1,00 5 t 3 „60,£1,00 S I OZ I - C9'11,1 - \Cll/.--- ---- CZ'►OZ ---- I BS'£OS ,70'OC�--�� 1 1111. ' oCroCY I I ` ;lr/ n� 80'£601 3.60,£1.00S •• - I 1 I i I I ,,,,.j..„.,„, 17-0 07131 =1;-19 :. ci • • „r>z •1 ly d0� 1 sl1 3 * — oft', c4�4v PHOTOGRAPHIC VIEWS • VIEW FRONI S.E. ..• '..- r4._ - •�- .-_ _ - • .s....• --' - -4 VIEW FROM N.E. 2 Shakopee Associates,LLP 5928 Walnut Drive Edina,Minnesota 55436 LIMITED RESTRICTED APPRAISAL REPORT NOTICE OF USE RESTRICTION: This is a Limited Restricted Appraisal Report as defined and permitted by the Uniform standards of Professional Appraisal Practice(USPAP). It cannot be properly understood without the additional information contained in the appraisers workfile. its use is limited as follows: (a) to the client named herein and(b) for the specific use stated. Use by unintended users (anyone other than the client for the specified use)is prohibited. CLIENT AND STATEMENT OF INTENDED USE: This Limited Restricted Appraisal Report has been prepared for my client. Mr. Scott Ericson, Shakopee Associates, 5923 Walnut Drive, Edina, Minnesota. TYPE OF APPRAISAL: The appraiser has established that the client understands the limited utility of this report and has established that this Limited restricted Appraisal Report is suitable for Mr. Ericson's needs. it has further been established that in the event a full appraisal report is required, the appraiser will prepare and submit the document twenty one days after his request. Remuneration for a full report will be paid at 555.00 per hour with a S1,500.00 cap. • This is a limited Restricted report letter of value estimate based on the market approach to value has been made according to the binding requirements and guidelines of USPAP. I have performed all of the procedures of the valuation process required to complete a complete appraisal except those which the client has instructed me to omit. These omissions,called departures.are permitted by USPAP and they are disclosed and explained on subsequent pages of this report. I have agreed to perform this limited restricted Appraisal Report as requested by the client,and have advised the client about its limitations and that it may not be as reliable as a complete appraisal. The client has agreed that the performance of this limited appraisal service is appropriate. STATEMENT OF PROPERTY INTEREST APPRAISED: the subject property was appraised in Fee Simple Interest. STATEMENT OF THE PURPOSE OF THE APPRAISAL: The purpose of the appraisal is to estimate the market value of Outlet D. Prairie Estates, 1st Addition based on the market approach to value.The use of the appraisal report is for determining the raw land.pre-plat value of the site for park dedication purposes REFERENCE TO THE DEFINITION OF THE MARKET VALUE BEING ESTIMATED: The definition of value being estimated can be found on subsequent pages of this report. DESCRIPTION OF THE EXTENT OF THE PROCESS OF COLLECTING, CONFIR'VILNG,AND REPORTING DATA: General Data: I have investigated an adequate amount of general data. I am familiar with the area and understand the supply/demand relationship and economic trends of the general area. Additional study was not needed. 3 Comparable Sales,Rental and Cost Data: I selected a number of raw land sales from the Scott County Assessors records and Multiple Listing Service and personally viewed each sale property. I also investigated for any comparable bare land rentals and land rental/sales and improved rental sales of church properties that may have occurred within the last three years.consequently, the income approach has no relevance and is not an appropriate appraisal method to employ on this assignment due to lack of verifiable rental sales within this market area. Subject property Data: I have viewed the subject property,investigated all known recorded use restriction such as;zoning, easements and building codes that apply to the subject property. I have reviewed the Comp Plan on file with the City of Shakopee,Scott County,Minnesota to determine the development potential and development pattern within the area. The subject property at present is in pre- plat and zoning change stage. If plat and zoning change approval is granted,the site and development will represent the typical commercial retail development providing services for most metropolitan communities. ASSUMPTIONS AND LIMITING CONDITIONS AFFECTING ANALYSIS, OPINIONS,AND CONCLUSIONS: A statement of ordinary assumptions and limiting conditions is attached to this report. All extraordinary assumptions and limiting conditions are disclosed with statements of each opinion and value conclusion that is affected. STATEMENT OF APPRAISAL PROCEDURES FOLLOWED: This is a Limited Restricted Appraisal Report. All steps of the valuation process were followed except for the following: In my preliminary analysis and plan, general market data(trends and forecast) were considered. The limited nature of the assignment extended to the comparison approach for land only. The income approach to value was omitted at the clients request. The value of the site has to be based on pre-plat and zoning use. Consequently,capitalization of future income from a improved site has no validity. The cost approach was not used as the site is not improved with buildings etc. STATEMENT OF APPRAISERS OPINION OF HIGHEST AND BEST USE: In my opinion the highest and best use of the subject site conforms to the planned use, a community commercial plat. However, the assignment is not based on highest and best use after plating and zoning change,it based on current zoning and use. STATEMENT OF THE EXCLUSION OF ANY OF THE USUAL APPROACHES TO VALUE: The cost and income approach were not considered for this appraisal for determining land value. REFERENCE TO EXISTENCE OF SPECIFIC FILE AND SUPPORT DATA: All of the information which is the basis for this Limited Restricted Appraisal Report is on file in the office of the appraiser and is available to the client. such third parties as may be authorized by due process of law, and a duly authorized professional peer review committee. 4 DATE OF THE APPRAISAL AND STATEMENT OF VALUE CONCLUSION: Report Date: 03/15/97. Inspection Date: 03/07/97 Valuation Date: 03/15/97 Land Value: Income Approach Conclusion: (Not Considered) Cost Approach to Value: (not considered) Market Approach to Value: 25.04 acres©$30,000.00 = S751,200.00 Special Assessment outstanding: $126,352.60+Interest for deferral Real Estate Taxes(1996 pay 1997) 5478.00 Reconciliation: The market approach was the only approach considered at the direction of the client and,was most relevant to the appraisal problem at hand.I have indicated the value of the comparable sales approach for land value as a fixed per acre unit of$30,000.00.. ESTIMATED VALUE OF THE PROPERTY AS A WHOLE AS OF THE DATE OF THE APPRAISAL IS: S75 1,000,00 (rounded) STATEMENT OF COMPLIANCE WITH USPAP: My analysis and conclusions were developed and, this Restricted Limited Appraisal Report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice(USPAP) of the Appraisal Standards Committee of the Appraisal Foundation. Signed G. ,0` /�L-Q�� "-� LeRoy F/Houser, SRA License#4000223 Expiration Date: 8/31/97 Date of Report: 3/15/97 5 SHAKOPEE ASSOCIATES, LLP. 5928 Walnut Drive • Edina, MN 55436 • (612) 938-0443 • fax (612)938-2123 March 21, 1997 2 4 1997 Michael Leek Director of Planning City Of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Application for Preliminary Plat; Crossroads Center Dear Michael: Enclosed please find the application for preliminary plat for the Crossroads Center development. Also enclosed is an appraisal report for outlot "D" Prairie Estates First Addition. For the record, I am not in agreement with the appraisers statement of value in this report. The appraisers value of S751,000 is 5541,000 (257%) greater than the current assessed value of$210,000. All additional submission materials required will be delivered to you by Mike St. Martin on Monday, March 24. If you have any questions or need additional information please call me at 938-0443. Sincerely, 4/ Scott L. Ericson General Partner EXHIBIT F Shopping Center Development and Leasing o CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Crossroads Center MEETING DATE: April 17, 1997 Site Information: Applicant: Midwest Commercial Development Site Location: At the southwest corner of Vierling Drive and C.R. 17(Marschall Road) Current Zoning: Highway Business(B-1) Adjacent Zoning: North: AG Agricultural Preservation South: AG Agricultural Preservation East: B1 Highway Business West: R2 Medium Density Residential R-1 B Urban Residential Comp. Plan: Commercial Area: 26 acres Exhibits: Exhibit A: Zoning Map Exhibit B: Preliminary Plat Exhibit C: Requested Variances Exhibit D: Engineering Memo Exhibit E: Limited Restricted-Appraisal Report Cover Exhibit F: March 21, 1997, letter from Scott Ericson regarding appraisal Introduction: Midwest Commercial Development is requesting Preliminary Plat approval for a commercial development. The applicant has already received approval from the Board of Adjustments and Appeals(BOAA) of a conditional use permit(CUP)for a"retail center." The preliminary plat is consistent with the CUP. PPCROSRD.DOC RML Considerations: 1. The Building Official has commented that sewer and water services will be reviewed for code compliance at the time of building permit application. 2. Since the area is not identified as a future park site in the City's Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. The applicant must submit a brief, separate written request to have payment of park dedication deferred to the time of building permit. Staff's understanding is that the recent purchase price of the property is about$3.1 million, which would result in a cash dedication of$310,000(i.e. 10%)or$34,444 per lot. The applicant had a limited appraisal done, which resulted in a valuation of$751,000, which would result in a cash dedication of$75,100 or$8,344 per lot. As the applicant's letter indicates, he believes the assessed valuation of$210,000 should be used, which would result in a cash dedication of$21,000 or$2,333 per lot. City Code Sec. 12.07(Design Standards) Subd. 5 (Dedications) B.3. sets forth the following methods for determining park dedication in order of priority; • the price the subject land sold for within the past year, • an appraisal performed for or on behalf of the city within the past year, • an appraisal performed for or on behalf of the subdivider within the past year, • the value determined by the County Assessor... . 3. The Engineering Department has reviewed this application and has provided the attached comments. (These comments are attached as Exhibit D). These recommendations have been incorporated into the conditions of approval. Requested Variances: The applicant is requesting numerous variances under Sec. 12.13 of the City Code as a part of this preliminary plat application. The variances largely result from nature of the site plan approved under the city's retail center CUP process, and the applicant's need to divide individual lots for ownership purposes. Following are proposed findings; A. The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. The variances result from the applicant's use of the retail center CUP mechanism of the City Code. The design standards for retail centers are specifically designed to insure that such centers will not be detrimental or injurious. Moreover, the applicant's CUP plan, through a number of public meetings, has been tailored to specifically respond to the neighborhood. PPCROSRD.DOC/RML 2 B. The conditions upon which the request for a variation are based are unique to the property for which the variation is sought,and are not applicable, generally, to other property. The conditions upon which the request for variations are based specifically result from the use of the retail center CUP, which intentionally limits access to the site from public roadways. These conditions are not generally applicable to other property. C. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter. Literal interpretation would not permit the development of a retail center with limited access and a private, internal circulation plan. D. The special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances result from the applicant's efforts to comply with the terms and conditions imposed on retail centers generally, and this project specifically, and not the independent actions of the applicant. E. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. Because of the size of the property, the fact that it is bounded on 3 sides by significant roadways and on the fourth by a single-family residential area, it would be very difficult to develop the site commercially if public roadways were required on the site itself to mitigate the variances. Alternatives: Recommend to the City Council the approval of the preliminary plat of Crossroads Center, subject to the following conditions, as well as the findings set forth above regarding the variances: A. Additional right-of-way dedication may be required along Vierling Drive; B. Prior to review by the City Council of the Preliminary Plat, the following actions must be completed: 1. A wetland delineation shall be submitted along with a narrative describing the erosion control for the site. 2. Submit a formal, separate request that park dedication be deferred to the time of building permit application. C. A landscape plan must be submitted with the final plat application. PPCROSRD.DOCR111. 3 D. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of 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. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The developer shall provide access easements to the ponding areas. 5. The developer shall provide the necessary access agreements for Outlot A. II. Revise the conditions and/or findings recommended by staff, and recommend approval of the Preliminary Plat for Crossroads Center to the City Council subject to the revised conditions. III. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Crossroads Center. IV. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends that the Planning Commission recommend approval, subject to conditions, of the Preliminary Plat of Crossroads Center to the City Council (Alternative No. 1). PPCROSRD.DOC/RML 4 Action Requested: Offer a motion to recommend approval, subject to conditions and findings, of the Preliminary Plat of Crossroads Center, to the City Council, and move its approval. 7/c4 R. 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L.;21,1... +4,-'717,utal........1000;00.0.0„..................r...--- i . •-. 1:// iB 1 . l • , i-v•cr sits ' , .- sti3,— ......----- - L=0,-_—,N D • ;_.,-,*..f-,,,,-. .,-. 7.,-_•r-. 1----------- --------- .Mil A G , ,. .,_ • ..: , • _ . ._,..,•-c...;.,......•e: • ___•:__. . . _.. . -" . --..:- :..7. r,-1 .7.•ee.:, ..E.-:'.-.:: • - - ._.............._.-...,....................._ I -5:7:7 '_:.v r'e•-c:tj :17.i .',.t:'7,",:.:: 1 1 --;' ::: : •.:-:n •:•.z,•,:.:-,-,•:, • ..---1-7-:--' .•••....: c',..-. --,•.• •::,:-:,---*- - 1, , -,..,-.. • ! -. ' Ve.,-_,' •,_;,--:^, Ce7.5:t;.• F.t..S::i-:::. 77 Fcy :=ESc - ': , .---,-,-. . .• . - • -..,c.7:-...vcy :: resS ! :-•'" ; (..; ce• E••..:! SS C=•-•trcl —=•••• - . ,. , ,..; .:.•_ . • • • i :r,. ,r...._E.. -' 1111 _.... --77-' ,,,•-.. = • 0'. - • ---- - . _ 7,171...."=".111" ...................................... -_7_:_ .- - :::24.: 7 - S" :: --_ ...-....- EXHIBIT A . • • Crossroads Center Loucks Project No. 96126 Conditional Use Permit (CUP) Narrative March 24, 1997 To develop this site as retail center and in line with the City CUP procedure, it is necessary to request variations to the City standards as follows. These variations are a direct result of subdividing the property for individual ownership while maintaining common parking and access drives, inherent to retail centers. Street Frontage (Frontage on a public right of way) Lot 2, Block 1 (Frontage on a common outlot for access) Lot 2, Block 2 (Frontage on a common outlot for access) Lot Area (1.0 acre minimum) Actual Variation Lot 2, Block 1 0.40 acre 0.60 acre Lot 2, Block 2 0.78 acre 0.22 acre Lot 3, Block 2 0.86 acre 0.14 acre Interior Building Setback (30' front, 20' side, 30' rear) Actual Variation Lot 2, Block 1 2' (front) 28' (front) Lot 3, Block 1 25' (front) 5' (front) Lot 6, Block 1 23' (front) 7' (rear) Lot 3, Block 2 28' (rear) 2' (rear) Interior Parking Setback (5' to interior lot lines) Actual Variation Lot 1, Block 1 0' 5' Lot 3, Block 1 2' 3' Lot 4, Block 1 2' 3' Lot 6, Block 1 4' 1' Lot 1, Block 2 3' 2' Impervious Surface (75% maximum impervious) Lot 1, Block 1 Greater than 75% Lot 3, Block 1 Greater than 75% Lot 4, Block 1 Greater than 75% Lot 2, Block 2 Greater than 75% Lot 3, Block 2 Greater than 75% All building and parking setbacks to the exterior of the site are per City standards.�1r ,v ��� \961_6\mise\cupnarra.doc C�(�tEl �,�t �J MAR 2 5 1997 EXHIBIT C • City of Shakopee Memorandum TO: Michael Leek, Community Development Director FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Crossroads Center-Preliminary Plat DATE: April 10, 1997 After review of the referenced application submittals,I have the following comments for the applicant, and for the planning department: Streets A traffic study was submitted by the applicant's traffic engineer which shows the projected traffic volumes for the development. This report is currently being reviewed by the City's consultant,to determine what improvements are needed along Vierling Drive, as well as the improvements for the intersection of Vierling Drive and County Road 17. It is anticipated that additional right-of-way will be required, but it is unknown at this time how much. Prior to the preliminary plat going to the City Council,the amount of additional right-of-way required will be known, and at that time staff will recommend the dedication of additional right-of-way. It appears that the site plan will not change with the dedication of additional right-of-way,because of the extra setbacks provided for along the north side of the plat drawings. Erosion Control/Wetland Delineation The applicant has not provided a narrative for erosion control as required. A wetland delineation for the site has not been submitted to the City. Recommendation Recommend approval of the preliminary plat, subject to the following conditions: a) Additional right-of-way dedication may be required along Vierling Drive; b) Prior to review by the City Council of the Preliminary Plat,the following action must be completed: 1. A wetland delineation shall be submitted, along with a narrative describing the erosion control for the site. EXHIBIT D t.. c) Prior to recording of the Final Plat,the following actions must be completed: 1. Execution of the Developers Agreement; 2. The Final Construction Plans and Specifications must be approved by the City Engineer; and 3. The developer shall provide access easements to the ponding areas. of glact-,P7-; ( +' ect 't et c 9 I •: , 2021 SOUTH MARSCHALL ROAD SHAKOPEE, MINNESOTA 55379 • - PHONE:(612)445-5150•FAX:(612)445-5150•PAGER:350-4413 • • * Building Code Plan Analyst-Code Compliance Inspections-Environmental Assessments March 15, 1997 Shakopee Associates,LLP. 5928 Walnut Drive • Edina,Minnesota 55436 Dear Mr.Ericson: You have authorized me to perform this limited restricted appraisal assignment fully understanding that it may not be as accurate as a complete appraisal and,you have decided that at this time it is appropriate for your intended needs. The contents of this report is exactly what you requested after being advised of its uses and limitations. a i In performing this limited assignment I have complied with all of the professional appraisal standards and r guidelines which regulate appraisal conduct and reporting rules except for, providing you with a full '•' complete report.My file on this assignment contains the required information to convert this valuation letter into a full report when requested to do so by yourself or a regulatory agency. My departures from USPAP Standards and Rules have been declared and are considered permissible by USPAP. As a result of my investigation and limited appraisal, I am of the opinion the value of the property as of March 15, 1997 as a whole was; Seven Hundred and Fifty One Thousand Dollars (5751,000.00) My value estimate has been made after a personal inspection of the property. Reasonable care has been taken to verify factual data presented in this report and in my appraisal work file on which I based my conclusion on. The Limited Restricted Report Regulations requires that I maintain the supporting data in a workfile. If you desire to view the contents of this workfile, please contact me. If you have any questions or comments regarding the value estimate,please feel free to contact me. Respectfully, L. UL! , �(,/ r LeRoy E,/ ususer, SRA N License o: 4000223 l i ,,P..CE L SRA \MMnY �bRGwO `°. Q ..,a:, ,,, •.•• IRoy F.Houser, SRA ass 2 Building Official +-B•O. Certified Building Inspector EXHIBIT E PRb 'dqit kitttoPMENT P t • Z----- NI\I!' 6:641, --...._--- , 41........??-14.---•,, < )MV dom / s 6 . I 1 1 1 JIM IP • VS. ‘40,-*/ ' 1.--/ , 13 st - i r I asI I I .R.----- —44-4- -1--- ‘ // / I ...._—..- -....-- ".....,...\ -A ---((------ 1H , _ ,. = , , ,_,- 1 .:___,, _ -- ...,....„__- _ ___-: _ ____. — / y �� I •vi^ l SI • L__._——- '°"'._ Cl r -0o n WY*IA it j i 1, 13 ii J U L ) ; ), 1 'x,200,5i4KCP!= -4IL.FILE:51 E-$ 4.I2-3-?6 5C.aL=:I'= 60' t, • Y F L 1 PHOTOGRAPHIC VIEWS • rAN fir.:✓vC:� -- ..._.... _�_ _ _ ._. _ - ---z+ L_<T • .v. - .. - r.1�'�Y.�-+�.�.�, �. - _ ',_ VIEW FROM S.E. VIEW FROM N.E. 2 Shakopee Associates,LLP 5928 Walnut Drive Edina,Minnesota 55436 LIMITED RESTRICTED APPRAISAL REPORT NOTICE OF USE RESTRICTION: This is a Limited Restricted Appraisal Report as defined and permitted by the Uniform standards of Professional Appraisal Practice(USPAP). It cannot be properly understood without the additional information contained in the appraisers workfile. its use is limited as follows: (a) to the client named herein and(b) for the specific use stated. Use by unintended users (anyone other than the client for the specified use)is prohibited. CLIENT AND STATEMENT OF INTENDED USE: This Limited Restricted Appraisal Report has been prepared for my client, Mr. Scott Ericson, Shakopee Associates,5928 Walnut Drive,Edina, Minnesota. TYPE OF APPRAISAL: The appraiser has established that the client understands the limited utility of this report and has established that this Limited restricted Appraisal Report is suitable for Mr. Ericson's needs. it has further been established that in the event a full appraisal report is required, the appraiser will re are and submit the document twenty one days after his request. Remuneration for a full report ort will be P q P paid at$55.00 per hour with a$1,500.00 cap. This is a limited Restricted report letter of value estimate based on the market approach to value has been made according to the binding requirements and guidelines of USPAP. I have performed all of the procedures of the valuation process required to complete a complete appraisal except those which the client has instructed me to omit. These omissions,called departures,are permitted by USPAP and they are disclosed and explained on subsequent pages of this report. I have agreed to perform this limited restricted Appraisal Report as requested by the client, and have advised the client about its limitations and that it may not be as reliable as a complete appraisal. The client has agreed that the performance of this limited appraisal service is appropriate. STATEMENT OF PROPERTY INTEREST APPRAISED: the subject property was appraised in Fee Simple Interest. STATEMENT OF THE PURPOSE OF THE APPRAISAL: The purpose of the appraisal is to estimate the market value of Outlot D. Prairie Estates, 1st Addition based on the market approach to value.The use of the appraisal report is for determining the raw land,pre-plat value of the site for park dedication purposes REFERENCE TO THE DEFINITION OF THE MARKET VALUE BEING ESTIMATED: The definition of value being estimated can be found on subsequent pages of this report. DESCRIPTION OF THE EXTENT OF THE PROCESS OF COLLECTING, CONFIRMING,AND REPORTING DATA: General Data: I have investigated an adequate amount of general data. I am familiar with the area and understand the supply/demand relationship and economic trends of the general area. Additional study was not needed. 3 Comparable Sales,Rental and Cost Data: I selected a number of raw land sales from the Scott County Assessors records and Multiple Listing Service and personally viewed each sale property. I also investigated for any comparable bare land rentals and land rental/sales and improved rental sales of church properties that may have occurred within the last three years. consequently,the income approach has no relevance and is not an appropriate appraisal method to employ on this assignment due to lack of verifiable rental sales within this market area. Subject property Data: I have viewed the subject property,investigated all known recorded use restriction such as;zoning,easements and building codes that apply to the subject property. I have reviewed the Comp Plan on file with the City of Shakopee, Scott County,Minnesota to determine the development potential and development pattern within the area. The subject property at present is in pre- plat and zoning change stage. If plat and zoning change approval is granted,the site and development will represent the typical commercial retail development providing services for most metropolitan communities. ASSUMPTIONS AND LIMITING CONDITIONS AFFECTING ANALYSIS, OPINIONS,AND CONCLUSIONS: A statement of ordinary assumptions and limiting conditions is attached to this report. All extraordinary assumptions and limiting conditions are disclosed with statements of each opinion and value conclusion that is affected. STATEMENT OF APPRAISAL PROCEDURES FOLLOWED: This is a Limited Restricted Appraisal Report. All steps of the valuation process were followed except for the following: In my preliminary analysis and plan,general market data(trends and forecast) were considered. The limited nature of the assignment extended to the comparison approach for land only. The income approach to value was omitted at the clients request. The value of the site has to be based on pre-plat and zoning use. Consequently,capitalization of future income from a improved site has no validity.The cost approach was not used as the site is not improved with buildings etc. STATEMENT OF APPRAISERS OPINION OF HIGHEST AND BEST USE: In my opinion the highest and best use of the subject site conforms to the planned use, a community commercial plat.However, the assignment is not based on highest and best use after plating and zoning change,it based on current zoning and use. STATEMENT OF THE EXCLUSION OF ANY OF THE USUAL APPROACHES TO VALUE: The cost and income approach were not considered for this appraisal for determining land value. REFERENCE TO EXISTENCE OF SPECIFIC FILE AND SUPPORT DATA: All of the information which is the basis for this Limited Restricted Appraisal Report is on file in the office of the appraiser and is available to the client, such third parties as may be authorized by due process of law, and a duly authorized professional peer review committee. 4 DATE OF THE APPRAISAL AND STATEMENT OF VALUE CONCLUSION: Report Date: 03/15/97 Inspection Date: 03/07/97 Valuation Date: 03/15/97 Land Value: Income Approach Conclusion: (Not Considered) Cost Approach to Value: (not considered) Market Approach to Value: 25.04 acres @$30,000.00 = $751,200.00 Special Assessment outstanding: $126,352.60+Interest for deferral Real Estate Taxes(1996 pay 1997) $478.00 Reconciliation: The market approach was the only approach considered at the direction of the client and,was most relevant to the appraisal problem at hand. I have indicated the value of the comparable sales approach for land value as a fixed per acre unit of$30,000.00.. ESTIMATED VALUE OF THE PROPERTY AS A WHOLE AS OF THE DATE OF THE APPRAISAL IS: $751,000.00 (rounded) STATEMENT OF COMPLIANCE WITH USPAP: My analysis and conclusions were developed and, this Restricted Limited Appraisal Report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice(USPAP)of the Appraisal Standards Committee of the Appraisal Foundation. Signed G:.)' °, ea . -L LeRoy F/Houser, SRA License#4000223 Expiration Date: 8/31/97 Date of Report: 3/15/97 5 SHAKOPEE ASSOCIATE,, LLP. 5928 Walnut Drive • Edina, MN 55436 • (612) 938-0443 • fax (612)938-2123 T., . • —V March 21, 1997 �tior 2 4 1997 Michael Leek Director of Planning City Of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Application for Preliminary Plat; Crossroads Center Dear Michael: Enclosed please find the application for preliminary plat for the Crossroads Center development. Also enclosed is an appraisal report for outlot "D" Prairie Estates First Addition. For the record, I am not in agreement with the appraisers statement of value in this report. The appraisers value of $751,000 is $541,000 (257%) greater than the current assessed value of$210,000. All additional submission materials required will be delivered to you by Mike St. Martin on Monday, March 24. If you have any questions or need additional information please call me at 938-0443. Sincerely, Scott L. Ericson General Partner EXHIBIT F Shopping Center Development and Leasing / 5, 3 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II F SUBJECT: Amendment to the Zoning Map - Rezone property from Agricultural Preservation (AG) and Light Industrial (I1) to Low Density Residential (R- IA) and Urban Residential (R-1B) DATE: May 20, 1997 INTRODUCTION Jon Albinson, Project Manager for Valley Green Business Park is requesting that the City amend the Official Zoning Map to rezone a 545.38 acre parcel from Agricultural Preservation (AG)and Light Industrial (II)to Low Density Residential (R-1A) and Urban Residential(R- 1B). The property is located south of Highway 169, west of County Road 18, and north of County Road 16. The applicant is requesting that the east portion of the property be rezoned to Low Density Residential (R-1A) and that the western portion of the property be rezoned to Urban Residential(R-1B), as depicted in Exhibit G of the May 8, 1997,Planning Commission memorandum. A copy of the May 8, 1997, Planning Commission report has been attached for your reference. DISCUSSION The 1995 Comprehensive Plan designates the subject site for single family residential development. Thus, the requested rezoning is consistent with the Comprehensive Plan. The subject property is located within the Metropolitan Urban Services Area(MUSA)boundary. The City is currently in the process of preparing an Environmental Assessment Worksheet (EAW)for publication. Therefore, the City can not give any final approvals until/unless a negative declaration is made regarding the EAW. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 1. ACTION REQUESTED Discuss the proposed rezoning and table a decision until/unless a negative declaration is made regarding the EAW. ul a Klima ►, / Planner II i:\commdev\c01997\cc0520\rezednIk.doc 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)and Light Industrial (I-1)to Low Density Residential (R-1A)and Urban Residential (R-1B) DATE: May 8, 1997 Site Information Applicant: Jon Albinson, Valley Green Business Park Site Location: East of Dean Lake, South of Hwy. 169, West of County Road 18 Current Zoning: Agricultural Preservation(AG)/ Light Industrial (I-1)/Shoreland Overlay(S) Adjacent Zoning: North: Highway 169 Right-of-Way South: Agricultural Preservation (AG) East: Light Industrial (I-1) West: Dean Lake Comp. Plan: 1995: Single Family Residential Area: 545.38 Acres MUSA: The site is within the MUSA boundary INTRODUCTION The applicant is requesting that the City amend the Official Zoning Map to rezone a parcel currently zoned as Agricultural Preservation (AG) and Light Industrial (I-I) to Low Density Residential (R-1A) and Urban Residential (RIB). Please see Exhibit A for the location of the subject site. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, 1995 Comprehensive Land Use Map; Exhibit C, City Code Section 11.22, Agricultural Preservation (AG) regulations; Exhibit D, City Code Section 1144, Light Industrial (I-1) regulations; Exhibit E; City Code Section 11.26, Low Density Residential (R-IA) regulations; Exhibit F, City Code Section 11.28, Urban Residential (R-1B) regulations; and Exhibit G, Correspondence from the applicant illustrating the requested rezoning areas. CONSIDERATIONS 1. The Comprehensive Plan 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. Exhibits C, D, E, and F provide a list of the uses, both permitted and conditional, that are allowed in the Agricultural Preservation (AG), Light Industrial (I-1), Low Density Residential (R-1A) and Urban Residential (R-IB)Zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as "Single Family Residential". The rezoning of the site to"Low Density Residential" and"Urban Residential", as requested by the applicant, will be in conformance with the 1995 Comprehensive Plan. 3. The purpose of the Low Density Residential (R-1A) Zone is to allow large lot single family development in areas of the City served by sanitary sewer and water. 4. The purpose of the Urban Residential (R-1B) is to provide an area for residential development where public sanitary sewer and water are available. 5. The property is currently the subject of an Environmental Assessment Worksheet (EAW). Therefore, the City can not give any final approvals to the subject site until and unless a negative declaration is issued on the EAW. 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. The construction of the Highway 169 bypass has provided access and visibility to portions of the community along its it corridor. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified this area for single family residential use. Therefore, this request is in compliance with the land use plan in the 1995 Comprehensive Plan. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone the subject property to Low Density Residential (R-1A) and Urban Residential (R-1B) from Agricultural Preservation (AG) and Light Industrial (I-1). 2. Recommend to the City Council the denial of the request to rezone property to Low Density Residential (R-1A) and Urban Residential (R-1B) from Agricultural Preservation (AG) and Light Industrial (I-I). 3. Continue the public hearing and request additional information from the applicant or staff. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the request to rezone the subject property to Low Density Residential (R-1A) and Urban Residential (R-1B). PO 7L/ lie Kli a Planner II i:\commdev\boaa-pc\1997\rnay08\rzetdnIk.doc EXHIBIT Al ice.• . PPP"' 1 ,,,,,..‘\ : .,,, : ....„,,i , �, tot, . .--. . 1. . ..:,..._4.„. "-! , -.. "3 -wt ,.... iiit _........„ .,. .... • .. . , , . ,,... ,.,,,, .F ® ®i ii _�..r.—,..!•� , 1` '' ►, - - 111 Lc, fi Stra'�CT 3 " I 1 EAN • LAKE IIA4 11%44040 ,.. ,"iepiNiiibomp. Rir ,• Q R o I • i RR AG 21 _ i u LcGtND 111 u II AG RR + �,,;erlyinc 7_cnes I AG -. 1j �crcu tune RR _� == R..rc1 Re dert'ci 9 R• = Low Ders:ty Residenticl N _ _ i" : i;r,cr Res,dent:ci I. . ,R-C! Old S.nc oeee Residenticl (---2\ RR AG i I�R2 Medium Density Residentici MuMuiticle Fcmily Residenticl —4 �� /� I ! I Hignwcy Business O� PIKE 1 X121 Office Business �\ ,B Centrcl Business Q LAKE j i? I Light Industrcl j Heovy irdustricl 77- , Mcicr Recrecticn 0.er cv Zones —c—czncreicrd ,_ — C.• iCin Qie:r,Ca :/i///,.. - OPV e-•c (_ I - EXHIBIT C § 11,.22 - SEC. 11.22. AGRICULTURAL PRESERVATION ZONE (AG). • Subd. 1. Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. Subd. 2. Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; • B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; • I. day care facilities serving 12 or fewer persons; J. group family day care facilities serving 14 or fewer children; or K. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. home occupations; C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; F. agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research • va•,visa n 1996 1111 § 11.22 • regarding the development or research of soil conditioners, fertilizers, or other • chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels. A kennel is any premise in which more than two domestic animals, over six months of age, are boarded, bred or offered for sale; I. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof J. commercial recreation, minor, K. utility service structures; L. day care facilities serving 13 through 16 persons; M. residential facilities serving from 7 through 16 persons; N. wind energy conversion systems or windmills; 0. relocated structures; P. structures over 2-1/2 stories or 35 feet in height; Q. developments containing more than one principal structure per lot; or • R. 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 agricultural preservation zone the following uses shall be permitted accessory uses: A. machinery and structures necessary to the conduct of agricultural operations; B. garages; C. fences; D. recreational equipment; E. stables; F. swimming pools; G. solar equipment; H. tennis courts; p.ge messed n 1996 • 1112 § 11.23 I. receive only satellite dish antennas and other antenna devices; or • J. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: •• A. Maximum density: one dwelling per 40 acres. B. Lot specifications: Minimum lot width: 1000 feet Minimum lot depth: 1000 feet Minimum front yard setback 100 feet Minimum side yard setback 20 feet. Minimum rear yard setback: 40 feet C. Maximum height 35 feet. Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of • their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 304, November 7, 1991; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC. 11.23. Reserved. • DIQI 6rnNd in t996 1113 EXHIBIT D • § 11.44 • SEC. 11.44. LIGHT INDUSTRY ZONE (I-1). Subd. 1. Purpose. The purpose of the light industry zone is to provide an area for industrial, light manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses. Subd. 2. Permitted Uses. Within the light industry zone, no structure or land shall be used except for one or more of the following uses: • A. warehousing and wholesaling conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; B. research laboratories conducted entirely within an enclosed building; C. establishments supplying goods or services primarily to industrial uses; D. agricultural uses, but limited to the growing of field crops; E. utility services; F. utility service structures; G. offices within the principal structure and directly associated with another permitted use; or • H. public buildings. Subd. 3. Conditional Uses. Within the light industry zone, no structure or land shall be used for the following uses except by conditional use permit A. manufacturing, fabrication, processing, and assembly operations conducted entirely within an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under Minn. Rules 4410.4400; B. airports and heliports; C. vehicle repair, D. landscaping services and contractors; E. retail sales of products manufactured, fabricated, assembled, or stored on site; F. commercial vehicle rental facilities; G. self-storage facilities; H. industrial or technical training schools; • pope rev1$ee vi 1996 1235 § 11.44 •• t. restaurants, class I or class II, contained within a principal structure and oriented • toward serving employees or those working in the immediate area; J. residences for security personnel; K. exterior storage; L. day care facilities; M. structures over 45 feet in height; • N. developments containing more than one principal structure per lot; or 0. 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 light industry zone the following uses shall be permitted accessory uses: A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; and D. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. • Subd. 5. Design Standards. Within the light industry 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: (with City services): 1 acre (without City services): 20 acres B. Maximum impervious surface percentage: 75% C. Lot specifications: minimum lot width: (with City services): 100 feet (without City services): 600 feet minimum front yard setback: 30 feet minimum side yard setback: 15 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 100 feet paw nvraw in 1996 • 1236 .• § 11.45 D. Maximum height 45 feet without a conditional use permit. (Ord. 31, October 25, • 1979; Ord. 96, November 11, 1982; Ord. 138, November 24, 1983; Ord. 186, January 30, 1986; Ord. 203, July 10, 1986; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 377, July 7, 1994; Ord. 429, November 2, 1995) • SEC. 11.45. Reserved. • • • • peas revised In 1996 1237 EXHIBIT E § 11.26 SEC. 11.26. LOW DENSITY RESIDENTIAL ZONE (R-1A). Subd. 1. Purpose. The purpose of the low density residential zone is to allow large-lot single family development in areas of the City served by sanitary sewer and water. Subd. 2. Permitted Uses. Within the low density residential zone, no structure or land shall be used except for one or more of the following uses: A. single family detached dwellings; B. public recreation; .• C. utility services; D. public buildings; E. day care facilities serving 12 or fewer persons; F. group family day care facilities serving 14 or fewer children; or G. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the low density residential zone, no structure or land shall be used for the following uses except by conditional use permit: A. churches and other places of worship; • B. home occupations; C. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; D. utility service structures; E. day care facilities serving 13 through 16 persons; • F. residential facilities serving from 7 through 16 persons; G. structures over 2-1/2 stories or 35 feet in height; H. developments containing more than one principal structure per lot; or I. 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 low density residential zone, the following uses shall be permitted accessory uses: A. garages; • paps revised in 1996 1125 § 11.26 .• B. fences; C. recreational equipment; • D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. solar equipment; or H. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the low density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Maximum density: three dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 50% C. Lot specifications: Minimum lot width: 80 feet Minimum lot depth: 160 feet Minimum front yard setback: 35 feet. • Minimum side yard setback: 15 feet Minimum rear yard setback: 40 feet D. Maximum height No structure shall exceed thirty-five (35) feet in height without a conditional use permit Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. • B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC. 11.27. Reserved. page revised n 1996 • 1126 1 SEC. 11.28. URBAN RESIDENTIAL ZONE (R-1B). EXHIBIT F § 11.28 • Subd. 1. Purpose. The purposeof the urban residential zone is to provide an area for residential development where public sanitary sewer and water are available. Subd. 2. Permitted Uses. Within the urban residential zone, no structure or land shall be used except for one or more of the following uses: ' A. single family detached dwellings; B. existing single family attached dwellings; C. • existing two family dwellings; D. public recreation; E. utility services; F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer children; or I. residential facilities serving six (6) or fewer persons. • Subd. 3. Conditional Uses. Within the urban residential zone, no structure or land shall be used for the following uses except by conditional use permit: A. churches and other places of worship; B. C. cemeteries; D. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; E. bed and breakfast inns; F. utility service structures; G. day care facilities serving 13 through 16 persons; H. residential facilities servicing from 7 through 16 persons; I.rimmed relocated structures; structures over 2-1/2 stories or 35 feet in height; • ow. ,.0 Inins home occupations; 1127 • § 11.28 K. developments containing more than one principal structure per lot; or L. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the urban residential zone,the following uses shall be permitted accessory uses: A. garages; B. fences; C. recreation equipment; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. solar equipment; or H. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the urban residential zone, no land shall be used, and no • structure shall be constructed or used,except in conformance with the following requirements: A. Maximum density: five dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 50% C. Lot specifications: Minimum lot width (single-family detached): 60 feet; (existing two-family dwelling): 70 feet Minimum lot depth: 100 feet Minimum front yard setback: 30 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a conditional use permit. • page fFngd in 1996 1128 • § 11.29 - • Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 159, February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC. 11.29. Reserved. • • page,ayuad m 1996 1129 )11 . El O + EAST UNE OT 14E REST 10113 RET OF 4• GOVERNMENT LOT 3 I/ S 0012.43- E , 2578.78 1 ( D I Op J w il / t � u 414 I f >I i --1 .1 �R(�1 O r I 1.:"' = O _1 'L•. xr 1 O i- 4 p .0 .14 •t --1 O r yY7Y7.. • • . , 44 O F w >; w S• Li A i 7u ^10 esZ o• a • I g§ • I g s O. t . 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Iv II1 G .rrr 9n i^ 4tIV_, o o 0 1011111 / 1 11 V1 -I O C i n m o v x C n o x s u, il (D Z o ?. O ccn m a 0 ° w �. f z O m ,o 0 ° 3 ' F c 3 7 m O. o 114 01 00 r� T' y o p o c o a as c 3 0 [OO U) p zC < n-I > m `< o c 3 o II a c o m m 3 N K CD (D (i)0 f9 t2ZI �..� _ `� `� Do o al J j Fri Fri C 0 Z o lb ET 0 Q3 93 O D m O -< / 3 .C . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary/Final Plat of Pinewood Estates 2nd Addition MEETING DATE: May 20, 1997 SITE INFORMATION Applicant: Barrington Coroporation Location: South of 4th Avenue, West of Shenandoah Drive Current Zoning: PUD Zone#8; underlying zoning of Urban Residential Zone(R-1B) Adjacent Zoning: North: Highway Business/Light Industrial (B1/II) South: Urban Residential (R-1B) East: Major Recreation (MR) West: Urban Residential/Agricultural (R-IB/AG) Comp. Plan: 1995: Single Family Residential Area: 4.738 acres MUSA: The site is within the MUSA boundary. INTRODUCTION Barrington Corporation has applied for Preliminary/Final Plat approval for Pinewood Estates 2nd Addition. A copy of the report to the May 6, 1997 Planning Commission report is attached for your reference. ALTERNATIVES 1. Approve the request for Preliminary/Final Plat approval of Pinewood Estates 2nd Addition, subject to conditions. 2. Approve the request for Preliminary/Final Plat approval of Pinewood Estates 2nd Addition, subject to revised conditions; 3. Deny the request for approval of the Preliminary/Final Plat for Pinewood Estates 2nd Addition. 4. Continue the request in order to allow the applicant and/or staff to submit additional information or make any necessary revisions. PFPINWD.DOC/1 1 PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the request at its meeting of April 17, 1997, and unanimously recommended approval. ACTION REQUESTED Approval of Resolution No. 4667, a Resolution a e proving the Preliminary/Final plat of Pinewood Estates 2nd Addition. / uie '1I1 a Planner II is\commdev\cc\1997\cc0520\pfpi nwd.doc III PFPIN W D.DOC/I 2 RESOLUTION NO. 4667 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,APPROVING THE PRELIMINARY/FINAL PLAT FOR PINEWOOD ESTATES 2ND ADDITION WHEREAS,Dale Dahlke is the applicant and owner of said property;and WHEREAS,the property upon which the request is being made is legally described as Lot 1, Block 4, and Lot 1, Block 5, and()idiots C, D, and E, Common Interest Community No. 1038 Planned Community Pinewood Estates, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County,Minnesota; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary and Final Plat of Pinewood Estates 2nd Addition on May 8, 1997, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary and Final Plat for Pinewood Estates 2nd Addition is hereby approved subject to the following conditions: A. The following actions must be completed prior to the recording of the Final Plat: 1. Existing easements shall be added to the Final Plat. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Street signs shall be installed and constructed by the City at a cost to the developer of$540.00 (2 x $270). c) Park dedication fees in the amount of$50.10 per dwelling unit shall be paid. The payment of the park dedication fees shall be deferred until the issuance of building permits. B. The Common Interest Community (CIC)declarations shall be filed with the Final Plat. C. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. D. Prior to the issuance of building permits, an as-built grading plan, with proposed elevations for lot corners, garage slabs, and proposed driveway grades shall be submitted. PFPINWD.DOC/I 3 BE IT FURTHER RESOLVED,that the Mayor and CityClerk 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 PFPINWD.DOC/I 4 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II Beth Handrich, Planning Intern SUBJECT: Preliminary/Final Plat of Pinewood Estates 2nd Addition MEETING DATE: May 8, 1997 SITE INFORMATION Applicant: Barrington Corporation Location: South of 4th Avenue, West of Shenandoah Drive Current Zoning: PUD Zone#8; underlying zoning of Urban Residential Zone(R-1B) Adjacent Zoning: North: Highway Business/Light Industrial (B1/I1) South: Urban Residential (R-1B) East: Major Recreation (MR) West: Urban Residential/Ag Preservation (RIB/AG) Comp. Plan: 1995: Single Family Residential Area: 4.73 8 acres MUSA: The site is within the MUSA boundary. INTRODUCTION Barrington Corporation has applied for Preliminary/Final Plat approval for Pinewood Estates 2nd Addition. The PUD for this site was approved in March 1996. This area of the PUD was approved for the development of twin homes. The plat proposes 20 lots(10 units) for the construction of twin homes(please see Exhibit A). The lots will be accessed by two (2) private streets north of the existing Pinewood Drive. CONSIDERATIONS 1. The Engineering Department has reviewed this proposal and has provided comments which are attached as Exhibit C. These recommendations have been incorporated into the conditions of approval. 2. Park dedication and landscaping requirements have been addressed as part of the plat of Pinewood Estates. 3. Water and electricity services are already provided to the site. 4. There are not any assessments for the site. 5. Street names shall be provided for the private streets. A condition requiring this prior to City Council review of the Preliminary/Final Plat is included in the staff recommendation. 6. The Police Department has commented that the street width is inadequate. However, the street widths meet the requirements of the Fire Code. ALTERNATIVES 1. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Pinewood Estates 2nd Addition, subject to conditions recommended by staff below; 2. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Pinewood Estates 2nd Addition, subject to revised conditions; 3. Recommend to the City Council the denial of the request for approval of the Preliminary/Final Plat for Pinewood Estates 2nd Addition. 4. Continue the request in order to allow the applicant and/or staff to submit additional information or make any necessary revisions. STAFF RECOMMENDATION Staff recommends Alternative No. 1, approval with the following conditions: A. The following actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Approval of Final Construction Plans and Specifications, including the restoration of vacated portions of Apgar Street, by the City Attorney. 3. Existing easements shall be added to the Final Plat. 4. A ten (10) foot easement shall be added around the inside of the perimeter of the final plat, with an addition easement along the existing storm sewer pipe. 5. 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) Street signs shall be installed and constructed by the City at a cost to the developer of$540.00 (2 x $270). B. The Common Interest Community (CIC)declarations shall be filed with the Final Plat. C. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. D. Prior to the issuance of building permits, an as-built grading plan, with proposed elevations for lot corners, garage slabs, and proposed driveway grades shall be submitted. ACTION REQUESTED A motion recommending approval of the preliminary/final plat of Pinewood Estates, subject to conditions. • ZOO d/(7.21& Beth Handrich u ie ' inn j 14, Planning Intern Planner II I:\commdev\boaa-pc\1997\mayo8\pfpp nwd2.doc _______,„,,.1/..1.--iir&i-ri-4;7. •-i- ( i ''.."-,,,,,,„„or•slli.IIIII.'"---- .. --"''sT,;,.4 ‘,S-4::;. 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Iii ii Z EXHIBIT C City of Shakopee Memorandum TO: Julie Klima,Planner II FROM: Joel Rutherford,Assistant City EngineerC/� SUBJECT: Pinewood Estates 2nd Addition-Preliminary and Final Plat Application DATE: April 30, 1997 After reviewing the above referenced application,I have the following comments for the applicant,and for the planning department: Streets The private streets shown on the plat drawings are consistent with the approved PUD. These streets were constructed during the time that Pinewood Drive was constructed. Since PUD approval,the City has revised the subdivision ordinance to allow private streets in common interest communities(CIC). Since this revision in the City Code, there have been several plats processed through the City with private streets. Since no private street standards have been officially adopted by the City, for each new development that has private streets, standards are applied as conditions for approval. These standards typically require turnarounds for private streets greater than 150 feet long. During our meetings with the developer, staff informed Mr. Dahlke of the standards that have been applied to new plats showing private streets. Because the approved PUD shows the streets as proposed,and because the streets have already been constructed, the developer feels the turnarounds should not be required for the plat. After review of the plat by the fire department, they are not recommending that the turnarounds be installed. Utilities All the utilities were installed with the construction of Pinewood Estates. Storm Water Trunk Charges Storm water trunk charges will apply to this plat. Ponding was provided with the first phase, so ponding charges will not apply. Grading Plan The grading plan does not appear to be accurate(example: proposed 756 contour ties to existing 754 contour at lot 5, block 5). Prior to additional building permits being issued, an as-built R 4t grading plan shall be submitted which shows the existing and proposed grades of the lot corners, garage slab, lowest floor,and proposed driveway grades. Easements No existing or proposed drainage and utility easements are shown on the plat. A ten foot(10') easement shall be included around the perimeter of the plat.An additional easement is required in the southeast corner of the plat,along the existing storm sewer. A minimum 10' easement is required along each side of this pipe. The sanitary sewer in the private street areas would be considered private,and therefore no easements would be required for the sanitary sewer. However,SPUC may require additional easements in Outlots C and E,for the watermain. Recommendation Recommend approval of the Preliminary and Final Plat,subject to the following conditions: A) Prior to recording of the Final Plat,the following actions must be completed: 1. Existing easements shall be added to the final plat; 2. A 10' easement is added around the inside of the perimeter of the final plat,with an additional easement along the existing storm sewer pipe; 3. Execution of the Developers Agreement. B) Prior to issuance of building permits,an as-built grading plan,with proposed elevations for lot corners,garage slabs,and proposed driveway grades, shall be submitted. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary/Final Plat of Pinewood Estates 2nd Addition DATE: May 8, 1997 DISCUSSION Upon further review of the application materials for the aforementioned project, staff recommends that the following conditions be removed from the staff recommendation: A.2. Approval of Final Construction Plans and Specifications, including the restoration of vacated portion of Apgar Street, by the City Attorney. A.4. A ten (10)foot easement shall be added around the inside of the perimeter of the final plat, with an additional easement along the existing storm sewer pipe. These conditions should be eliminated from the staff recommendation because they have either been addressed or do not pertain to this development. The Assistant City Engineer has also commented that stormwater trunk fees will not apply to the project since PUD approval was granted prior to the adoption of the stormwater trunk fee. ALTERNATIVES 1. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Pinewood Estates 2nd Addition, subject to conditions recommended by staff below; 2. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Pinewood Estates 2nd Addition, subject to revised conditions; 3. Recommend to the City Council the denial of the request for approval of the Preliminary/Final Plat for Pinewood Estates 2nd Addition. 4. Continue the request in order to allow the applicant and/or staff to submit additional information or make any necessary revisions. STAFF RECOMMENDATION Staff recommends Alternative No. 1, approval with the following conditions: A. The following actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Existing easements shall be shown on the plat drawing. 3. 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) Street signs shall be installed and constructed by the City at a cost to the developer of$540.00 (2 x $270). B. The Common Interest Community (CIC)declarations shall be filed with the Final Plat. C. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. D. Prior to the issuance of building permits, an as-built grading plan, with proposed elevations for lot corners, garage slabs, and proposed driveway grades shall be submitted. ACTION REQUESTED A motion recommending approval of the preliminary/final plat of Pinewood Estates, subject to conditions. Beth Handrich Julie Klima Planning Intern Planner II i:\commdev\boaa-pc\1997\mayO8\pfpnwdtb.doc 4. . i RESOLUTION NO. 4674 A RESOLUTION MAKING A NEGATIVE DECLARATION ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR PARK 2000- SOUTHWEST WHEREAS, the proposed construction by First Industrial of an office/warehouse/manufacturing project (Park 2000 - Southwest) required the preparation of an Environmental Assessment Worksheet (EAW); and WHEREAS, the City of Shakopee is the Responsible Governmental Unit (RGU) for preparation of the EAW; and WHEREAS, the City of Shakopee has prepared an EAW for the proposed project which was published, distributed and commented on in accordance with Minnesota Statutes, Chapter 116D and 4410 of the Minnesota Rules; and WHEREAS, the City of Shakopee has reviewed all comments received regarding the EAW; and WHEREAS, the City Council finds that the project does not have the potential for significant environmental effects. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council that there is no need for an Environmental Impact Statement and a negative declaration is hereby made on the proposed Park 2000-Southwest project. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: The City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 EAW2PARK.DOC/SB 4 CITY OF SHAKOPEEiy. [ Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Park 2000 - Southwest Environmental Assessment Worksheet (EAW) MEETING DATE: May 20, 1997 Introduction: On May 7, 1997, the 30-day comment period ended for the environmental assessment worksheet (EAW) for the proposed Park 2000 Southwest development. The City of Shakopee, as the Responsible Governmental Unity (RGU), must now decide whether an Environmental Impact Statement (EIS) is necessary. The EAW was sent to the appropriate governmental agencies, as well as notice published in the"Shakopee Valley News." Copies of the comment letters which were received, as well as the responses from the City have been attached as Exhibit A. Discussion: The Minnesota Environmental quality Board (EQB) guidelines for EAWs state that an EIS shall be ordered for a project that has the potential for significant environmental effects. In deciding whether a project has the potential for significant effects, the RGU compares the effects that are reasonably expected from the project with the following criteria: A. Type, extent and reversibility of environmental effects. B. Cumulative potential effects of related or anticipated future projects. C. The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority. D. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the public proposer or of EIS's previously prepared. The RGU must apply the criteria to the factual information contained in the EAW, the comments received on the EAW and the responses and comments. Copies of the comments received are attached to this memo, and copiesof the responses to received comments will be provided prior to Council action. In reviewing the four criteria, staff has found the following: EAW2PARK.DOC/RML 1 A. Type, extent and reversibility of environmental effects. Finding: Based on the comments from the review agencies, there do not seem to be any significant environmental effects that will result from this project. The land use is consistent with the Comprehensive Plan. The site contains little or no undisturbed natural habitat. B. Cumulative potential effects of related or anticipated future projects. Finding: The applicant has not identified any future expansions of this development. C. The extent to whih environmental effects are subject to mitigation by ongoing g public regulatory authority. Finding: The City of Shakopee has development standards which address groundwater and surface waters. Moreover, the proposed project is subject to the City of Shakopee's planned unit development ordinance. D. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the public proposer or of EIS's previously prepared. Finding: The facilities First Industrial proposes to build are similar to other developments in Shakopee and the Metropolitan Area. The performance standards contained in the Zoning Ordinance and building code have evolved over time to mitigate the potential impacts that can result from this type of development, and should be sufficient for protection of the environment. Alternatives: 1. Make a negative declaration on the need for an EIS for the proposed Park 2000- Southwest project. 2. Make a positive declaration on the need for an EIS. 3. Table the decision on the need for an EIS. Recommendation: Staff recommends that a negative declaration on the need for an EIS be made by the City Council, based on the review of the EAW and the comments received. Action Requested: EAW2PARK.DOC/RML 2 Offer and approve Resolution No. 4674, A Resolution Making a Negative Declaration on the Environmental Assessment Worksheet for Park 2000-Southwest. ; / , , R. Michael Leek Community Development Director EAW2PARK.DOC/RML 3 RESOLUTION NO. 4674 A RESOLUTION MAKING A NEGATIVE DECLARATION ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR PARK 2000- SOUTHWEST WHEREAS, the proposed construction by First Industrial of an office/warehouse/manufacturing project (Park 2000 - Southwest) required the preparation of an Environmental Assessment Worksheet (EAW); and WHEREAS, the City of Shakopee is the Responsible Governmental Unit (RGU) for preparation of the EAW; and WHEREAS, the City of Shakopee has prepared an EAW for the proposed project which was published, distributed and commented on in accordance with Minnesota Statutes, Chapter 116D and 4410 of the Minnesota Rules; and WHEREAS, the City of Shakopee has reviewed all comments received regarding the EAW. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council that a negative declaration is hereby made on the proposed Park 2000-Southwest project. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: The City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 EAW2PARK.DOC/RRML 4 _ Exhibit A: Review Letters EAW2PARK.DOC/RML 5 Metropolitan Council Working for the Region, Planning for the Future May 5, 1997 Mr.Michael Leek w ;, : Community Development Director City of Shakopee 129 Holmes Street Shakopee,MN 55379 RE: Park 2000-Southwest Development-Environmental Assessment Worksheet Metropolitan Council District 5 Referral File No. 16499-1 Dear Mr. Leek: Council staff has conducted a review of this environmental assessment worksheet(EAW) to determine its adequacy and accuracy in addressing regional concerns. The staff review has concluded that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes. However, staff provides the following comments for your consideration: Item S-Project Location The Metropolitan Council's Interceptor(MSB 71-20-2)is located adjacent to the Park 2000 Southwest Development project. When the final plans for this project are complete they should be sent to the Metropolitan Council for review and comment. Item 12-Fish, Wildlife and Ecologically Sensitive Resources The EAW mentions that the wooded/forested acreage within the project area will decrease from 3.5 acres to 1.0 acre. The Metropolitan Council's Regional Blueprint, adopted December, 1996, states: "The Council will encourage the protection of the region's significant woodlands and long-term management of urban forest." For this reason, Council staff recommends that the developer make every effort to design the project area in such a manner that the loss of significant trees within the project area is minimized. This will conclude the Council's review of the EAW. No formal action on the EAW will be taken by the Council. If you have any questions or need further information,please contact Alex-Edmund DaHinten, principal reviewer, at 602-1617. Sincerely, &,L,2_, , )-)il c___y,---- Helen Boyer, Director Environmental Services Division 230 East Fifth Street St. Paul. Minnesota 55101-1634 (612)291-6359 Fax 291-6550 TDD/TCY-291-090-1 vlerro into Line 229-3780 An Equal Oppor(uniiy Emptoyer Michael Leek May 5, 1997 Page 2 c: Neil Peterson,Metropolitan Council District 5 Keith Buttleman,Director, Environmental Planning and Evaluation Department Thomas C.McElveen,Deputy Director, Community Development Division Roger Janzig,Wastewater Services Department,MCES Randy Anhorn, Environmental Planning and Evaluation Department,MCES Carl Schenk, Lynda Voge,Audrey Dougherty,Alex-Edmund DaHinten, OLA. SKEAWLET.DOC ._ ..-- _.. „.... ..,..- -. 5 ... I .'J1 Minnesota Department of Health 121 East'Seventh Place ITP.O. Box 64975 St. Paul, MN 55164-0975 Post-if Fax Note 7671 .- Dates-_,7_�1 ii4 ,► To f✓iti ;7li;cf.L- 'i—EC-e- From t_._! L',. !7 5 (;,a�; May 6, 1997 Co/Dept Co.'It t ' ✓ 7 Phone* Phone n Fax# Fax# Mr. Michael Leek Community Development Director , , l - a -7: i, • .0)1;_-- , EJI „!(j City of Shakopee ,t4 ,!t,._�i, Iii i_.) 129 Holmes Street / 1997 Shakopee, Minnesota 55379 -- ._---__. ,.,. .� Dear Mr. Leek: Minnesota Department of Health (MDH) staff have reviewed the Environmental Assessment Worksheet (EAW) for the Park 2000-Southwest, Scott County, Minnesota. We understand that the project involves commercial development, including office, warehouse, and manufacturing, on a 53-acre site of undeveloped land. We commend you for your thorough environmental evaluation of this project. Because many old wells exist which have no record in the County Well Index, the database of the Minnesota Geological Survey (MGS), we usually recommend that a well inventory be performed to determine if there are any existing water supply wells (active or unused, unsealed) anywhere on the property, especially along the routes of all new sewer lines. Frequently, there are existing wells within undeveloped parts of cities and towns, even after a city water system has been developed. We note that the report of the Phase I Environmental Site Assessment, performed by Nova, states that no wells are registered in the MGS database on this property. Further, the site reconnaissance found that "no wells were observed during the site reconnaissance" (page 6). It was noted, however, that the area was covered with "approximately ten inches of snow (which] prevented direct observation of the ground surface at the time of Nova's site visit" (page 12). We have no objection to a finding of no significant impact, based upon the information gleaned so far. However, in light of the limited scope of the environmental assessment performed by Nova, we offer the following comments: 1. Minnesota Statutes, section 103I.205 prohibits the placement of buried sewers, or any other regulated source of contamination, any closer to an existing water supply well (active or unused, unsealed) than the distances prescribed by Minnesota Rules, Chapter 4725 (rules regulating Wells and Borings, also termed the Well Code). The Well Code specifies the following setback distances between water supply wells and buried sewers, including building drains connected to the building sewer: 1; r): (612)623-5522(Twin Cities) 1-800-627-3529 (Greater Minnesota) An Equal Opportunity Employer Mr. Michael Leek May 6, 1997 Page 2 50 feet: A minimum setback distance of at least 50 feet must be maintained between a well and a buried sewer if the sewer: a) is a collector or municipal sewer; b) is pressurized and serves more than a single-family residence; c) is open jointed; or d) is constructed of materials that do not meet the material, installation and testing requirements in the Minnesota Plumbing Code. 20 feet: The 50-foot separation distance may be reduced to 20 feet if the sewer meets the material, installation and testing requirements in the Minnesota Plumbing Code, AND it is: a) a buried, gravity sewer that serves a single-family residence or a single facility such as a business, church, school, or single commercial property. (This does not include collectors or municipal sewers); or b) a buried, pressurized sewer that serves a single-family residence. 2. Please note that the Minnesota Plumbing Code requires that a buried sewer or drain be located at least 10 feet from a buried water service line. If this distance cannot be maintained, please contact the local plumbing regulatory authority or the MDH Engineering Unit supervisor, Mr. Milton Bellin, at 612/215-0838. 3. Should any unused, unsealed well(s) be discovered in the process of excavation or development of the construction site, Minnesota Statutes, Chapter 1031 requires that they be repaired and put back into service or be sealed by a licensed well contractor, in accordance with Minnesota Rules, Chapter 4725. An unused, unsealed well may also be addressed by obtaining an annual maintenance permit ($100 fee) from MDH. Maintenance permits are granted only if the well meets certain conditions. Thank you for the opportunity to review this EAW. If you have questions or need further information, please contact Betty Wheeler at 612/215-0807. Sincerely, Lin M. Nelson Environmental Review Coordinator Division of Environmental Health LMN:BJW:dp cc: James Nye Ron Thompson Betty Wheeler y.4 of MINNFSOr9 Minnesota Department of Natural Resources N U � W 33*. 500 Lafayette Road 4 f Q St. Paul,Minnesota 55155-40_ 10 �oFNANA May 7, 1997 • Michael Leek City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 RE: Park 2000 - Southwest Development Environmental Assessment Worksheet (EAW) Dear Mr. Leek: The Department of Natural Resources (DNR) has reviewed the EAW for the Park 2000 - Southwest Development. We offer the following comments for your consideration. Item 11, Fish, Wildlife, and Ecologically Sensitive Resources, correctly notes that a minor loss of habitat occurs with the project. To mitigate this loss, we recommend that project-related landscaping be done for wildife habitat where possible. Regarding project related erosion and sedimentation potentials, (Item 17), there is a need to properly install and maintain erosion and sediment control systems at this site. The Valley Green Business Park drains to the K-Mart Linear Pond. Will the present design of the K-Mart Linear Pond adequately handle the additional runoff generated by this project? Is there a potential for overloading? Thank you for the opportunity to review this project. We do not recommend preparation of an environmental impact statement(EIS). We look forward to receiving your record of decision and responses to comments. Minnesota Rules part 4410.1700, subparts 4 & 5, require you to send us your Record of Decision within five days of deciding this action. Please contact Bill Johnson of my staff at (612) 296-9229 if you have questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Natural Resources Environmental Review Section Office of Planning c: Kathleen Wallace Con Christianson Pete Otterson Lynn M. Lewis, USFWS Gregg Downing, EQB #970273-01 ER22.PARK2000.DOC DNR Information: 612-296-6157. 1-800-766-6001) • TTY:612-296-5454. 1-800-657-3029 An Cyua1()ppmtunily t mplovrr rar Printed on Recv d I oc netinin Who Value,Di ei,ity to*, Mininaini of If f. ;.u�crAAare Minnesota Pollution Control Agency May 9, 1997 2 9 Mr. Michael Leek City of Shakopee Community Development Director 129 Holmes Street Shakopee, Minnesota 55379 Re: Park 2000 Southwest Commercial Development Dear Mr. Leek: The Environmental Assessment Worksheet(EAW) for the referenced project has been reviewed by the Minnesota Pollution Control Agency. The proposed project is 749,000 square feet of office, warehouse, and manufacturing space to be built out over three to ten years depending on the market. The following comments are offered for consideration by the city in making a decision on the need for the preparation of an Environmental Impact Statement(EIS). The EAW has adequately addressed the traffic and air quality impacts expected from the proposed project. The traffic analysis showed that no significant capacity problems are expected with the proposed roadway system and traffic generated by the proposed project. However,the County Road 83/12th Avenue intersection which is currently stop sign controlled at the 12th Avenue approach will need to monitored to determine when warrants for an all-way stop or traffic signal are met. The proposed project is not expected to cause any significant air quality impacts. We have noted that the size of the project, "approximately 749,000 square feet,"is only slightly more than one-tenth of one percent below the threshold for a mandatory EIS. Since the development scenario will be realized over a period of years as determined by market conditions, it would seem possible that more (or perhaps less)than this amount of development could occur on the site. Permitting agencies involved with the project and reviewers of the EAW have a right to expect that the estimates provided are the best projections that can be made at this time and not merely a ploy to avoid a mandatory EIS. Therefore,we recommend that permits) issued by the city include binding provisions that will limit future development of the site to include no more than a total of 749,000 square feet. 520 Lafayette Rd. N.,St. Paul,MN 55155-4194;(612)296-6300(Voice).(612)282-5332(TTY) R gional Offices: Duluth•Brainerd•Detroit Lakes•Marshall•Rochester Equal Opportunity Employer•Printed on recycled paper cOntatning at least 20%fibers tram paper recycled by consumers. _ - ' c-i o,,. ,.FJUu, Mr. Michael Leek Page 2 Thank you for the opportunity to review the LAW. If you have any questions concerning our review of this EAW,please contact Craig N. A.ffeldt of my staff at 612/296-7796. Sincerely, - -9)A--€____4 11' Paul Hoff, Director Environmental Planning and Review Office Administrative Services Division Pl-i:jap cc: Todd Geller,First Industrial Realty Trust,Inc. Gregg Downing,Enivronmental Quality Board TOTRL P.n2 o0 , Minnesota Department of Transportation t1) Metropolitan Division ''OF Waters Edge 1500 West County Road B2 Roseville, MN 55113 May 5, 1997 S d Paul Bilotta City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Paul Bilotta: SUBJECT: Park 2000 Southwest Site Plan Review S97-032 North of Trunk Highway (TH) 169, East of Valley Park Drive Shakopee, Scott County CS 7009 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Park 2000 Southwest site plan. We find the site plan acceptable for further development with consideration of the following comments. • Please identify Mn/DOT right of way on all future plans. • No development should occur until the City of Shakopee submits a revised stormwater management plan with calculations to Mn/DOT. The need for drainage permit application cannot be determined without a revised plan. The plan and calculations should demonstrate that directing water which was previously to be diverted to Dean's Lake to the Kmart Linear Pond will not have an adverse impact on conveyance system or flooding elevations in that ponding area. This is according to the memorandum of understanding between Mn/DOT and the City of Shakopee for issues relating to work in and adjacent to the Kmart Linear Pond. The memorandum of understanding is enclosed. Please contact Judy Ransom of our Water Resources Section at 797-3056 for further details. • When the Kmart Linear Pond is altered, 6:1 inslopes should be utilized. • Any use of or work within Mn/DOT right of way will require an approved Mn/DOT permit. The permit required depends upon the nature of the proposed work. Bill Warden of our Permits Section may be contacted at 582-1443 for further information regarding the permit process. An equal opportunity employer Paul Bilotta May 5, 1997 page two • Noise levels from new TH 169 are expected to exceed state nighttime standards. According to the approved Indirect Source Permit for this highway, the responsibility for noise attenuation lies with the city and developer. If an analysis has not yet been undertaken, we recommend that a specialist analyze this development for noise mitigation needs. Questions may be directed to Jim Hansen of our Planning Section at 582-1392. Please contact me at 582-1654 with any questions regarding this review. Sincerely, Scott Peters Senior Transportation Planner/Local Government Liaison enclosure: MOU - City of Shakopee&Mn/DOT c: Brad Larson, Scott County Engineer SCOTT COUNTY1 ;, PUBLIC WORKS AND LANDS DIVISION ENVIRONMENTAL HEALTH DEPARTMENT2 8 99/ COURTHOUSE A102 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1393 (612)496-8177 GARY L.CUNNINGHAM Fax: (612)496-8496 COUNTY ADMINISTRATOR BRADILEY J.LARSON ASSOCIATE ADMINISTRATOR AL FRECHETTE ENVIRONMENTAL HEALTH MANAGER April 24, 1997 Michael Leek, Planner City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Dear Michael: Thank you for the opportunity to review the Environmental Assessment Worksheet for Park 2000 - Southwest Development. This project raises the same concern I have noted for other developments regarding surface water management. This project is in an area that is highly susceptible to ground water contamination. Question 16. (Soils) noted that the depth to the water table was on average 38 feet, and the depth to bedrock on average 27 feet and as close as 3 feet. The soils were depicted as sandy with rapid permeability. Question 18 described surface runoff to be directed into Shakopee's storm water management system for which plans or descriptions were not included in the EAW. Question 20 regarding ground water failed to note any link between storm water management and potential impacts to ground waters. Storm water retention ponds and drainage ways within this highly susceptible area should be lined to prevent rapid infiltration of surface runoff. The proximity of the storm water management structures that allow for infiltration of contaminated runoff should be evaluated in conjunction with the City's wellhead protection areas. Respectfully, L/ ? `7 Allen Frechette Environmental Health Manager cc: Lou VanHout Shakopee Public Utilities. F:\AL\DOCUMENT\97LET\SHAKOPEE.DOC An Equal Opportunity/Safety Aware Employer "7"ht, /q19:j3 SHAKOPEE May 19, 1997 Helen Boyer, Director Environmental Services Division Metropolitan Council 230 East Fifth Street St. Paul, MN 55101-1634 Dear Ms. Boyer: Thank you for your May 5th letter in response to the EAW for the Park 2000-Southwest development. The following responses are provided for your information. Item 5 -Project Location: The project is the subject of a planned unit development (PUD) review by the City of Shakopee. I am having a copy of the PUD plans sent to you for your information. Item 12 -Fish, Wildlife and Ecologically sensitive Resources As mentioned above, the project is the subject of a PUD review. In the course of this review, and subsequent site reviews the City will be applying it's tree preservation ordinance, and working with the developer to maximize the significant trees preserved within the project area. Thanks again for your review. Feel free to call if you have further questions regarding this project. Very yours, R. Michael Leek Community Development Director cc. File No. 97-36 CON/LMUNITY PRIDE SINCE 1857 129 Holmes Street Sotith- Shakoppee,Minnesota 55379-1351 - 612-445-3650 - FAX h12-445-o718 1S1-E AWMC.DOC'RML WILLA! SI-JAKOPE E May 19, 1997 Lin M. Nelson, Environmental Review Coordinator Division of Environmental Health/MN Dep't. of Health 121 East Seventh Place P.O. Box 64975 St. Paul, MN 55164-0975 Dear Lin Nelson: Thank you for your May 6th letter in response to the EAW for the Park 2000-Southwest development. In response to the comments you have offered, the City has shared the comments with the developers of the project so that they can be incorporated into their own planning efforts. As a part of future building permit reviews, the City will, of course, review the pertinent Plumbing Code issues. Thank you again for your review. Feel free to call if you have further questions regarding this project. Very truly yours, n f, R. Michael Leek Community Development Director cc. File No. 97-36 COMMUNITY PRIDE S[NCE 1857 129 Holmes Street South Shakoppee,Minnesota• 55379-1351 612-443-3650 • FAX 612-445-6718 1STf:AWPII.DOGR�IL 1 PiaAll SHAKOPEE May 19, 1997 Paul Hoff, Director Environmental Planning and Review Office/ Administrative Services Division Minnesota Pollution Control Agency 520 Lafayette Rd. N. St. Paul, MN 55155-4194 Dear Mr. Hoff: Thank you for your May 9th letter in response to the EAW for the Park 2000-Southwest development. With respect to the comment about project size, the proposed PUD approval contains a provision specifically limiting the project to 749,000 square feet. The City's practice is to review PUD provisions with each succeeding building permit in the project in order to note remaining square footage available within the project so that the limitation cannot be exceeded. Thank you again for your review. Feel free to call if you have further questions regarding this project. Very truly yours, I l 41/e R. Michael Leek Community Development Director cc. File No. 97-36 COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota 55379-1351 612-445-3650 FAX 612-445-6718 1 I EAWPCA I)OCIRML WILLA! SHAKOPEE May 19, 1997 Allen Frechette, Environmental Health Manager Scott County Public Works and Lands Division Courthouse A102/428 Holmes St. S. Shakopee, MN 55379-1293 Dear Mr. Frechette: Thank you for your April 24th letter in response to the EAW for the Park 2000-Southwest development. The City and Shakopee Public Utilities Commission (SPUC)are continuing their efforts to understand and address the relationship between surface water management and ground water supplies. Like Scott County, the City has agreed to participate in the task force convened by the Metropolitan Council to address ground water supply and quality issues. Also, it is my understanding that SPUC is proceeding with work on its wellhead protection plan. Thank you again for your review. I look forward to continuing to work with you and Scott County on the issues identified in your review. Feel free to call if you have further questions regarding this specific project. Very truly yours, R. Michael Leek Community Development Director cc. File No. 97-36 COMMUNITY PRIDE SINCE 1857 129 Holmes Street South o Shakopee,Minnesota 55379-1351 612-445-3650 FAX 612-445-6718 1 ISTE.AWSC.DOCJRA4i_ iy. . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Park 2000 Southwest Planned Unit Development DATE: May 20, 1997 DISCUSSION First Industrial Realty Trust, Inc. has submitted an application for approval of Park 2000 Southwest Planned Unit Development (PUD). The subject site is located east of Valley Park Drive and south/north of 12th Avenue, and is currently zoned Heavy Industrial (I-2). The project site is currently the subject of an Environmental Assessment Worksheet(EAW). Therefore, the City can not give any final approvals until/unless a negative declaration is made regarding the EAW. The City Council, at its May 6, 1997, meeting, reviewed this request and tabled action on it until such time as a negative declaration was issued for the EAW for the subject property. The PUD proposes to contain office, office showroom, and office warehouse uses. The City Code currently allows 25%of area to be designated for office uses, the applicant is requesting an increase in office area to allow for 35% of office area. For further information, please see the copy of the April 17,1997, Planning Commission staff memo that has been attached for your reference. One of the conditions recommended by'the Planning Commission requires an approved Conditional Use Permit(CUP)for the use of office showroom uses. Please find attached a request from the applicant(Exhibit A)that office showroom uses be allowed as a permitted use in the PUD, rather than requiring the approval of a Conditional Use Permit. Also included in this request, the applicant proposes that Condition No. 5 should also be revised. Condition No. 5 currently reads"the minor subdivision process shall be completed prior to the approval of the PUD". Minor subdivisions are currently not allowed within an approved PUD. Therefore, if the PUD were approved prior to approval for all necessary minor subdivisions, those necessary minor subdivisions would not be allowed and the applicant would be required to go through the Preliminary and Final Platting processes to create the additional lots needed. A text amendment has been proposed to revise this requirement to allow minor subdivisions within an approved PUD. However, this text amendment is not scheduled for a public hearing until May 22, 1997. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of Park 2000 Southwest Planned Unit Development, subject to the listed conditions. ALTERNATIVES 1. Approve the PUD request, subject to conditions. 2. Approve the PUD request, subject to revised conditions. 3. Deny the PUD request. 4. Table action to provide staff and/or the applicant time to provide additional information. ACTION REQUESTED 1. Discuss the requested revisions described in Exhibit A. 2. If the City Council provides a negative declaration on the EAW, the City Council should offer a motion to approve Resolution No. 4668, and move its approval. OR If the City Council does not provide a negative declaration on the EAW, the City Council should table a decision on this item, until/unless a negative declaration is made on the EAW. -i , ,, ulie Klima Planner II is\commdev\cc\1 997\cc0506\pudpk200.doc RESOLUTION NO. 4668 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT#12,PARK 2000 SOUTHWEST WHEREAS,Valley Green Business Park is the owner of said property and First Industrial Realty Trust, Inc. is the applicant; and WHEREAS,the property upon which the request is being made is legally described as Lot 1, Block 2, Valley Park Thirteenth Addition and the West Half of Lot I, Block 3, Valley Park Thirteenth Addition, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS,the Planning Commission of the City of Shakopee did review the Planned Unit Development of Park 2000 Southwest on April 17, 1997, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Planned Unit Development 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 Planned Unit Development Overlay District#12, Park 2000 Southwest is hereby approved subject to the following conditions: 1. The total building square footage allowed for the development, as a whole, shall be limited to 749,000 square feet. 2. The development shall comply with all design and performance standards, unless specifically addressed in the PUD approval. 3. The development shall allow office and office showroom areas not to exceed 35% of the total building square footage for the development. 4. Office showroom uses shall be allowed subject to an approved conditional use permit for office showroom. 5. The minor subdivision process shall be completed prior to the approval of the PUD. 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 FROM : RLK ASSOCIATES LTD PHONE NO. : 612 933 1153 May. 13 1997 12:29PM P2 EXHIBIT A RI.K CIVIL ENGINEERING • URBAN PLANNING • TRANSPORTATION • ENVIRONMENTAL LANDSCAPE ARCHITECTURE • CONSTRUCTION MANAGEMENT • LAND SURVEY (ASSOCIATES LTD) \\No./ U liECl.., 6 1'/ LD MEMORANDUM MAY 131997. DATE: May 13, 1997 TO: Honorable Mayor and City Council Members c%o Julie Klima City of Shakopee FROM: John Dietrich RLK-Kuusisto,Ltd. RE: Park 2000 Southwest Planned Unit Development Shakopee,MN As a follow up to the April 17, 1997 Planning Commission Meeting.when the Commissioners supported First Industrial's Park 2000 Southwest PUD,RLK requests this memorandum be included in the May 20, 1997 City Council agenda package for discussion. Two conditions of approval from the City Planning Commission are requested to be discussed: Condition#4 Office showroom uses shall be:allowed subject to an.approved Conditional Use Permit for office showroom. Regarding the Conditional Use Permit for office showroom(Condition#4),First Industrial responded to the Commissioners concern regarding an office showroom evolving into a retail outlet location. First Industrial stated it is their intention to not have retail available to the general public within the Park 2000 Southwest In fact,the City's definition of office showroom as outlined in the Planning Staff report is full concurrence of how First Industrial anticipates the park 2000 Southwest development to operate. First Industrial's request of the City Council is to allow office showroom as a permitted use within the PUD. First Industrial will be the owner/developer of the Park 2000 Southwest development and will be able to control the retail use of the tenants through lease agreements. First Industrial would appreciate the Councils,discussion and consideration of this change to the conditions of approval as presented by the Planning Commission_ The PUD outlines the proposed development and anticipated square footage of office (612)933-0972 • 6110 Blue Circle Drive • State 1(10 • Minnetonka,MN 55343 - FAX(612)933-1153 FROM : RLK ASSOCIATES LTD PHONE NO. : 612 933 1153 May. 13 1997 12:29PM P3 May 13,1997 Honorable Mayor and City Council Page 2 showroom and warehouse distribution. Provided the office/office showroom remains under 35%of the total square footage the conditional use permit for office showroom is not necessary. Condition#5 The minor subdivision process shall be completed prior to the approval of the PUD. The applicant First Industrial requests the PUD be approved without the minor subdivision process completed for the entire 53 acres for the following reasons. 1. One minor subdivision for a 10 acre.parcel has been completed on Block 2 to allow the first building to be constructed on a single lot. 2_ First Industrial only has an option to purchase the remaining 43 acres and until ownership is secured or demand for subsequent buildings are warranted. The property will remain controlled by Valley Green Business Park. 3. A text amendment has been submitted to the City and is scheduled to be heard at the May 22,1997 Planning Commission. Approval of a text amendment to the zoning code would allow minor subdivisions to occur in PUI3 overlay districts,if the minor subdivisions are consistent with the approved PUD. 4. The applicants intend to use the PUD overlay zoning district to guide the future development and if the text amendment is approved,process the minor subdivisions concurrent with eachbuilding being constructed. First Industrial respectfully requests the City Council to incorporate the following conditions into your discussion and approval of the Park 2000 Southwest PUD. Revised Condition#4 Approve office showroom as a permitted use. Revised Condition N 5 Approve the PUD plan without a minor subdivision being completed for the entire 53 acres. Thank you for your consideration of these requests and for the Councils positive discussion of the Park 2000 Southwest projectat the May 6; 1997 City Council meeting. • • J CITY OF SHAKOPEE 9t" Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Park 2000 Southwest Planned Unit Development DATE: April 17, 1997 SITE INFORMATION Applicant: First Industrial Realty Trust, Inc. Location: East of Valley Park Drive and south/north of 12th Avenue Current Zoning: Heavy Industrial (I-2) Adjacent Zoning: North Heavy Industrial (1-2) South The Bypass East Heavy Industrial (1-2) West Heavy Industrial (1-2) Comprehensive Plan: 1995 Heavy Industrial Attachments: Exhibit A: Zoning Map Exhibit B: Applicant's proposal INTRODUCTION First Industrial Realty Trust, Inc. has proposed a PUD for property currently zoned Heavy Industrial (I-2). Please find attached as Exhibit B a narrative describing the request and a site plan of the proposed development. The specific request of the PUD is that the applicant is asking for a higher percentage of office area than is currently allowed. Section 11.46 of the City Code allows offices in the Heavy Industrial (I-2) zone as a permitted accessory use so long as the offices occupy less than 25% of the principal structure and are directly associated with a permitted use. CONSIDERATIONS 1. The purpose of the Planned Unit Development Overlay Zone (PUD) section of the Zoning Ordinance is"to encourage innovation, variety, and creativity in site planning and architectural design; to maximize development compatibility to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors". The PUD as presented by the applicant attempts to group more compatible uses in sub-areas on the site. The proposed PUD would provide for the planning of the development of the 53 acre site. 2. The project is currently the subject of a mandatory Environmental Assessment Worksheet (EAW). The city may not give any final approvals for this project until/unless the city has made a negative declaration on the EAW. Therefore, if the Planning Commission should recommend approval to the City Council, the project would not be forwarded to the City Council for review until and unless a negative declaration is made for the EAW. 3. This property has already been platted as part of Valley Park 13th Addition. However, the applicant will need to receive approval of a minor subdivision for this project prior to final approval of the PUD (since the minor subdivision process is not available for property contained within an approved PUD) and following a negative declaration of the EAW. 4. The PUD proposes to construct 7 buildings on the 53 acre site (Please see Exhibit B). The applicant has not requested any variances to the design or performance standards outlined in the City Code, other than those discussed in Consideration No. 5. 5. The applicant is requesting that the 25% office area requirement be increased for this site to allow 35% of the total square footage for the Park 2000 Southwest project to be office uses. Based on the information provided by the applicant, it appears that their intent is to have an overall office area percentage of 35%. Some individual buildings may exceed the 35%, however the entire development would average office area no more than 35% of the total square footage. Staff has researched other communities and how they address office uses in industrial areas (please see Agenda Item No. 16.a). This research indicates that many cities not only allow office areas as permitted uses in their industrial districts, but also do not restrict the amount of area that can be utilized for office area. The applicant is also requesting to have the use of office showroom be allowed as part of this PUD proposal. Recently, a text amendment was approved to define office showroom. The definition is as follows "a facility in which the handling of information or the performing of administrative services is conducted as a principal use; including services provided to persons both on-site and off-site on a walk-in or appointment basis. Up to 25% of the gross floor area of the structure may be used for the display of merchandise and equipment, and its sale to a customer where delivery of purchased merchandise is made directly to the ultimate consumer from a warehouse." A recent PUD that was approved by the City Council allowed office showroom with an approved conditional use permit. It is staffs understanding that the applicant is also requesting that the office showroom be allowed up to 35% of gross floor area rather than 25%. The Planning Commission must decide how to address the increase in office and office showroom area and if office showroom should be allowed as a permitted use with the PUD or as a conditional use (requiring the applicant to apply for and receive a conditional use permit). 6. There are pending assessments for this site. 7. The Building Official has commented that building construction and sewer/water services will be reviewed at the time of building permit application and that the on-site hydrants are subject to the metering requirements of Shakopee Public Utilities (SPUC). FINDINGS Section 11.50 of the City Code discusses the criteria for approving a PUD application. These criteria, along with draft staff findings, are provided as follows. Criteria No. 1 : The proposed development is consistent in all respects with the Comprehensive Plan and this ordinance. Draft Finding No. 1: The proposed development is consistent with the Comprehensive Plan and the Zoning Ordinance with the exception of the requested deviations discussed in this memorandum. Criteria No. 2: The proposed development, including deviations from design standards of the underlying zones is compatible with surrounding land uses. Draft Finding No. 2: The proposed development is compatible with surrounding land uses. Criteria No. 3: The proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Draft Finding No. 3: The proposed development provides for adequate open space and, circulation. Issues such as parking, landscaping, and screening are addressed as a part of the preliminary drawings that have been submitted by the applicant. Staff has reviewed these plans and has identified issues which will require further attention. However, parking and landscaping requirements will be reviewed at time of building permit application to ensure compliance. The proposed drawings may he slightly modified prior to submitting for building permit application. Therefore, the most thorough review for parking and landscaping compliance occurs at that time. STAFF RECOMMENDATION Staff recommends approval of Park 2000 Southwest Planned Unit Development, subject to the following conditions: 1. The total building square footage allowed for the development, as a whole, shall be limited to 749,000 square feet. 2. The development shall comply with all design and performance standards, unless specifically addressed in the PUD approval. 3. The development shall allow office and office showroom areas not to exceed 35% of the total building square footage for the development. 4. Office showroom uses shall be allowed subject to an approved conditional use permit for office showroom. 5. The minor subdivision process shall be completed prior to the approval of the PUD. 6. The City Attorney shall prepare a development agreement with the developer. The Planned Unit Development shall not be considered approved until the development agreement has been executed by the City and the developer. 7. The PUD application shall not be reviewed, by City Council, prior to the conclusion of the EAW process, and issuance by the City of a negative declaration. ALTERNATIVES 1. Recommend to the City Council the approval of Park 2000 Southwest Planned Unit Development, subject to conditions. 2. Recommend to the City Council the approval of Park 2000 Southwest Planned Unit Development, subject to revised conditions. 3. Recommend to the City Council the denial of Park 2000 Southwest Planned Unit Development. 4. Table the request in order to allow the applicant and/or staff time to provide additional information. ACTION REQUESTED A motion and vote to recommend to the City Council the approval of Park 2000 Southwest Planned Unit Development, subject to conditions, and move its approval. • 04714:i lie Klima Planner II is\commdev\boaa-pc\l 99Tapr 1 Tpudp2000.doc ... 0 \ I. \\--',G ' - - EXHIBIT A , ..._.. . . . i .. ‘.7:...-:.. :: ' . ' - ' -‘ G BLUE LAKE •G 4ip `�� .. B 1 AG 12 '.•: ''' -' . - ' '------- '---------7:---._ _ 3- - F 4 7 ..„... _ ._:_.:‘,„,:..._ ___________ __, k.. ,... _ F 11 i- u, 1 !2S`-� • as *,a;-'. }2 �:i 81 `` , s In _... - . Fah` 1 LEGEND irff MR ' nderly na Zones Ifi ' ____it. 0 ; !cr.cu;ture sMs _ ,nMc 51tlj7 R ral Resident 01 --��1t R al Low Density ReSGentie) A g05_.- T Urbcn Resident:at E 0,; Old Shakopee Residential \l' 1111111111 B1 11 IL ( Y2 ,odium Density Residentic! ii r^l Multiple Rcmily Residentic) DEAN ! B Hign.vcy Business �� � k _.� ; B2 I Office Business G f R �� 1 33 ; Centrcl Business 11 LAKE AG I h . 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P P ,b• `�n 1A[p.�p7�1 Y �^ (Op O pv vv q� ; T H -1 H y .-*1 y H G# O C 9 V O >a O O y 71 Iy y. d 0-11 4 -•INil m m T T o n N V Y p ! i O O T ! td/ 1 0 $ 0 8 l S S 2 KI M ei g pP o PPP POYA p / � SA M �e , ; i y ; ; H y T 1i / . I CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Right-of-Way for a portion of Apgar Street MEETING DATE: May 20, 1997 INTRODUCTION: At it's meeting of May 6, 1997, the Council continued this matter to enable staff to meet with Leroy Menke and his neighbor, Mike Pumper,to discuss 2 issues raised by them at the public hearing. These issues are as follows; 1) A possible lot split to reconfigure Mr. Menke's property, and 2) Retaining a portion of the right-of-way to permit access to the neighbor's garage. In addition, staff was directed to contact MNDOT regarding their ownership of a 12 foot wide strip along the east side of Apgar Street. DISCUSSION: Julie Klima and I met with Mr. Menke on Monday,May 12, regarding the issues he and his neighbor raised on May 6th. It does not appear that the proposed lot split is affected by the proposed vacation. However, a problem is presented by the proposed split in that one of the involved properties is not platted land, and thus the split does not meet criteria for the minor subdivision process. In this regard, the Council may want to provide Mr. Menke with direction as to whether to file an application for a minor subdivision with a request for variance from the minor subdivision criteria. Mr. Menke also testified regarding his inability to hook up his shop to city water and sewer. This shop was constructed in the 1960's, prior to the property's annexation into the City of Shakopee. Staff has informed him that there is no prohibition to hooking up, but that, as a non-conforming use the shop may not be enlarged or expanded. With respect to the access issue, Mr. Pumper was issued Building Permit No. 8271 in June of 1989 for the construction of a garage. The permit contained the following"Comment;" "No access to C.R. 77 is allowed per the covenants in the plat. Any driveways around the house must be setback at least 5 feet from the property line." The restrictive covenants, recorded 12/5/1986, provides as follows; VACAPGAR.DOC/RML 1 "1. There shall be no vehicular access to the above-described property from and off of Scott County Road No. 77, also known as Apgar Street." Mr. Menke contends that the restriction was intended to address a perceived problem at a time when it was anticipated that Apgar Street would be a relatively high volume, county road, and that the concern is no longer applicable. It appears that whether to keep the restriction in place at this time is a policy decision for the Council to make. In making that decision, it should be noted that, in the event a portion of the right-of-way is left open for access,the City would likely incur some cost to essentially create an alley within the retained right-of-way and maintain it. Mr. Pumper's garage could be accessed by keeping all, or a portion of parcel B. It appears that Mr. Pumper's property could be accessed if only the northerly 240 feet of parcel B were vacated. If all of parcel B is retained, a through alley will be created from Fuller Street to Hennes Avenue. Finally, MNDOT owns the 12 foot strip in fee, and the City has no interest in it whatever. Therefore, their is no interest for the City to vacate ALTERNATIVES: 1. Approve the vacation of the subject rights-of-way. 2. Approve the vacation of the subject rights-of-way, with the exception of all or part of parcel B. 3. Deny the request to vacate the subject rights-of-way. 4. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended alternative no. 1, approval. ACTION REQUESTED: Offer and pass a motion approving Resolution No. 4662 vacating the subject rights of way. R. Michael Leek Community Development Director VACAPGAR.DOC/RML 2 RESOLUTION NO. 4662 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF THE RIGHT-OF-WAY FOR APGAR STREET SOUTH OF TENTH AVENUE WHEREAS, right-of-way has been dedicated for Apgar Street between Thomas Avenue and Fuller Street, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest for roadway 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 6th day of May, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the right-of-way described on Exhibit A(attached hereto and made a part hereof), City of Shakopee, County of Scott, State of Minnesota, serves no further public need: 3. That the rights-of-way described above are hereby vacated subject to the reservation of drainage and utility easements over said rights-of-way; VACAPGAR.DOC/RMI. 3 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. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 VACAPGAR.DOC/RM L 4 * PIONEER Civil Engineers • Land Planners • Land Surveyors • Landscape Architects * engineering . iRligaiRVI ta MAR 2 1 1997 APGAR STREET VACATION March 17, 1997 PARCEL A That part of Apgar Street (County Road No. 77), as platted in Prairie View 1st Addition, Scott County, Minnesota, lying southerly of the easterly extension of the north line of Lot 9, Block 2, Prairie View 2nd Addition and lying northerly of the easterly extension of the south line of Lot 9, Block 1, Prairie View 3rd Addition. PARCEL B That part of Apgar Street (County Road No. 77), as platted in Prairie View 1st Addition, Scott County, Minnesota, lying southerly of the easterly extension of the north line of Lot 1, Block 2, Prairie View 3rd Addition. Also that part of Apgar Street lying southerly of the plat of Prairie View 1st Addition and lying northerly of the northwesterly right of way line of Fuller Street as now laid out and traveled. PARCEL C That part of Apgar Street (County Road No. 77), lying within the South Half of the Northeast Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota lying southerly of a line 3.00 feet North of the easterly extension of the north line of Lot 9, Block 2, Prairie View 2nd Addition and lying northerly of a line 3.00 feet South of the easterly extension of the south line of Lot 9, Block 1, Prairie View 3rd Addition. PARCEL D That part of Apgar Street (County Road No. 77), lying within the South Half of the Northeast Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota lying southerly of a line 3.00 feet North of the easterly extension of the north line of Lot 1, Block 2, Prairie View 3rd Addition and lying northerly of the northwesterly right of way line of Fuller Street, as now laid out and traveled. Filename: 17060e nd.des �XkI PIT pr 2422 Enterprise Drive • Mendoti X12)681-1914 • Fax 681-9488 625 Highway 10 N.E. • BIa 33-1880• Fax 783-1883 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Right-of-Way for a portion of Apgar Street MEETING DATE: May 6, 1997 INTRODUCTION: The City has received a petition from Gold Nugget Development, Inc., for the vacation of the above-described rights-of-way. The Planning Commission reviewed the request at its meeting of April 17, 1997. Attached for the Council's information is a copy of staff report to the Planning Commission. ALTERNATIVES: 1. Approve the vacation of the subject rights-of-way. 2. Deny the request to vacate the subject rights-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended alternative no. 1, approval. ACTION REQUESTED: Offer and pass a motion approving Resolution No. 4662 vacating the subject rights of way. U R. Michael Leek Community Development Director VACAPGAR.DOC/RMI. RESOLUTION NO. 4662 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF THE RIGHT-OF-WAY FOR APGAR STREET SOUTH OF TENTH AVENUE WHEREAS, right-of-way has been dedicated for Apgar Street between Thomas Avenue and Fuller Street, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest for roadway 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 6th day of May, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the right-of-way described on Exhibit A(attached hereto and made a part hereof), City of Shakopee, County of Scott, State of Minnesota, serves no further public need: 3. That the rights-of-way described above are hereby vacated subject to the reservation of drainage and utility easements over said rights-of-way; VACAPGAR.DOC'It NII. 2 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. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 VACAPGAR.DOC/RML 3 IL. CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Apgar Street Right-of-Way MEETING DATE: April 17, 1997 Site Information: Applicant: Gold Nugget Development, Inc. Location: South of Tenth Avenue, West of Fuller Street Adjacent Zoning: North of right-of-way: Urban Residential (R-1B) South of right-of-way: Urban Residential (R-1B) East of right-of-way: Urban Residential (R-1B) West of right-of-way: Urban Residential (R-1B) Comp.Plan: Single Family Residential MUSA: The site is within the MUSA and can be served by all municipal utilities. Introduction: The City has received a petition from Gold Nugget Development, Inc. for the vacation of Apgar Street right-of-way as depicted on the attached preliminary plat drawing for the Meadows North(Exhibit A) and described in the attachment to the applicant's letter(Exhibit B). The City Council will hold a public hearing on the requested vacation on May 6, 1997. A recommendation from the Planning Commission is needed for the vacation process. Discussion: Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit C). Other agencies and city departments have reviewed this application information and staff has received the following comments: • The Engineering Department has commented that a drainage and utility easement should be retained over the vacated portions; • Minnegasco has requested that an easement be retained to accommodate it's gas main; Alternatives: 1. Recommend to the City Council the approval of the request for vacation of right-of-way. 2. Recommend to the City Council denial of the request to vacate the right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of the vacation of right- of-way, to the City Council (Alternative No. 1), subject to the following condition: 1. That a drainage and utility easement be retained over the vacated portions of Apgar in favor of the City, its licensees and franchisees. Action Requested: Offer a motion to recommend to the City Council the approval of the vacation of the right-of- way, subject to conditions. R. Michael Leek Community Development Director i:\conundev\boaa-pc\1997\aprl7pc\vacapgardoc GOLD NUGGET DEVELOPMENT INC. 8857 Zealand Avenue North Brooklyn Park, Minnesota 55445 (�j (j`IU (612) 424-4955 iiar 2 1 1997 March 21, 1997 Mike Leek Community Development Director 129 Holmes Street South Shakopee, MN 55379 Dear Mr. Leek, Attached please find an application for the vacation of a portion of Apgar Street, Gold Nugget Development Inc. is the fee owner of the adjacent property to the east (see attached map). The disposition of Apgar is critical in moving forward with the platting of Meadows North. The attached proposed plat of Meadows North is the latest revision which will be submitted for preliminary plat approval. The proposed vacation and plat design are based on discussions with you and other city staff members and recent council action relative to the collector status of Fuller Street. Since there are utilities in the area proposed for vacation a survey showing there location will be available for your review within ten days. Thank you for your anticipated cooperation in this matter. Sincerely, fig; .w pA Horst Graser. 'roject Manager Gold Nugget Development Inc. EXHIBIT B -* -4( PIONEER Civil Engineers • Land Planners • Land Surveyors • Landscape Architects * engineering -r- RECIENIED M.R 2 1 1997 APGAR STREET VACATION March 17, 1997 PARCEL A That part of Apgar Street (County Road No. 77), as platted in Prairie View 1st Addition, Scott County, Minnesota, lying southerly of the easterly extension of the north line of Lot 9, Block 2, Prairie View 2nd Addition and lying northerly of the easterly extension of the south line of Lot 9, Block 1, Prairie View 3rd Addition. PARCEL B That part of Apgar Street (County Road No. 77), as platted in Prairie View 1st Addition, Scott County, Minnesota, lying southerly of the easterly extension of the north line of Lot 1, Block 2, Prairie View 3rd Addition. Also that part of Apgar Street lying southerly of the plat of Prairie View 1st Addition and lying northerly of the northwesterly right of way line of Fuller Street as now laid out and traveled. PARCEL C That part of Apgar Street (County Road No. 77), lying within the South Half of the Northeast Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota lying southerly of a line 3.00 feet North of the easterly extension of the north line of Lot 9, Block 2, Prairie View 2nd Addition and lying northerly of a line 3.00 feet South of the easterly extension of the south line of Lot 9, Block 1, Prairie View 3rd Addition. PARCEL D That part of Apgar Street (County Road No. 77), lying within the South Half of the Northeast Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota lying southerly of a line 3.00 feet North of the easterly extension of the north line of Lot 1, Block 2, Prairie View 3rd Addition and lying northerly of the northwesterly right of way line of Fuller Street, as now laid out and traveled. 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AI :�t2 IP .r r 0. o f tl0 11111111 r -010-c=..--- Z y fill .111l:011 113 " 1 ° �1� the;{i {'�``�1;I-1 �; in N sZ b N \ _l • (j,. - •IIuIIPL!i!iIljitHhit s '.ta �tlp`� t •�i) pg X05 rV t j 1 p, 4 MPfit o . vv I :% q 11iir UI1 r �I.tO4'M':coP . M. n a I 11111`;111ilils l'ql i .(' 11111111illlt 4.. I-1 : 4 iniiiiillqiiiiiii ; i 1-,N ULt1i!r! t1ii1 � fn mm pr I:VirGnn n 2 111 ist. 66y • CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary/Final Plat of Meadows North MEETING DATE: May 20, 1997 Introduction: At it's May 6, 1997, meeting the Council tabled Gold Nugget Development, Inc.'s request for preliminary and final plat approval as the public hearing for the vacation of Apgar Street had been continued. Specifically in question was the impact of MNDOT property on the plat. Discussion: As was outlined in the report regarding the vacation of Apgar Street, MNDOT has indicated to both the developer and City staff that they would be willing to join in the proposed plat. Thus, the platting documents will need to be revised to reflect MNDOT's ownership. The proposed resolution has been revised to require that they be so revised. The intent of MNDOT and the applicant is to negotiate the sale of the subject land to the developer. Alternatives: 1. Approve Resolution No. 4660 approving the Preliminary/Final Plat of Meadows North, subject to conditions. 2. Approve the request for Preliminary/Final Plat approval of Meadows North, subject to revised conditions; 3. Deny the request for approval of the Preliminary/Final Plat for The Meadows North. 4. Continue the request in order to allow the applicant and/or staff to submit additional information or make any necessary revisions. Planning Commission Recommendation: The Planning Commission reviewed the request at its meeting of April 17, 1997, and unanimously recommended approval. PFMEADN2.DOC/RML 1 Action Requested: Approval of Resolution No. 4660, a resolution approving the final plat of Meadows North Additions. Offer and pass a motion approving the proposed cost sharing arrangement for the improvement of Apgar Street. PFMEADN2.DOC/RML 2 RESOLUTION NO. 4660 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR MEADOWS NORTH ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary and Final Plat of Meadows North Addition on April 17, 1997, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IHE CITY OF SHAKOPEE, MINNESOTA,as follows: That the Final Plat for Meadows North Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. The plat be revised to add MNDOT's ownership interest. 2. Approval of title by the City Attorney. 3. Approval of Final Construction Plans and Specifications, including the restoration of vacated portions of Apgar Street, by the City Attorney. 4. 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. B. The developer shall comply with all compaction requirements on the building sites. C. Trunk sewer charges shall be paid in accordance with adopted City policy D. VIP connection fees shall be paid. PFMEADN2.DOC/S11 3 E. Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 PFMEADN2.DOC/SB 4 • CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary/Final Plat of Meadows North MEETING DATE: May 6, 1997 Site Information: Applicant: Gold Nugget Development, Inc. Location: South of 10th Avenue, East of Apgar, West of Fuller Street Current Zoning: Urban Residential Zone(R-IB) (See Exhibit A.) Adjacent Zoning: North: Urban Residential (R-1B) South: Urban Residential (R-1B) East: Urban Residential (R-1B) West: Urban Residential (R-1B) Comp. Plan: 1995: Single Family Residential Area: 17.26 acres(gross) MUSA: The site is within the MUSA boundary. Introduction: Gold Nugget Development, Inc. has applied for Preliminary/Final Plat approval for The Meadows North. A copy of the report to the Planning Commission is attached for the Council's information. Considerations: 1. Lot area tabulations are attached as Exhibit C. 2. The applicant has filed a request for the vacation of Apgar. This request is scheduled for public hearing before the City Council prior to consideration of the preliminary/final plat request on this agenda. PFMEADNO.DOG'RML 1 3. The Engineering Department has made specific comments, particularly as regards the Apgar Street improvements. Please see the attached memo from Bruce Loney,Public Works Director, regarding the proposed cost sharing for Apgar Street. The Engineering recommendations have been incorporated in the proposed conditions of approval. 4. Parcel No. 27-912045-0 has a levied assessment balance for 92-9 VIP Interceptor Project. The subject property is also subject to a pending assessment for 95-8, Fuller Street, 10th Avenue and Vierling Drive. VIP connection fees must be paid prior to approval of the final plat. 5. Park Dedication - The park dedication was previously paid as a part of the plat of The Meadows. Alternatives: 1. Approve Resolution No. 4660 approving the Preliminary/Final Plat of Meadows North, subject to conditions. 2. Approve the request for Preliminary/Final Plat approval of Meadows North, subject to revised conditions; 3. Deny the request for approval of the Preliminary/Final Plat for The Meadows North. 4. Continue the request in order to allow the applicant and/or staff to submit additional information or make any necessary revisions. Planning Commission Recommendation: The Planning Commission reviewed the request at its meeting of April 17, 1997, and unanimously recommended approval. Action Requested: Approval of Resolution No. 4660, a resolution approving the final plat of Meadows North Additions. Offer and pass a motion approving the proposed cost sharing arrangement for the improvement of Apgar Street. PFMEADNO.DOC'RMML 2 CITY OF SHAKOPEE Memorandum TO: Michael Leek, Community Development Director FROM: Bruce Loney, Public Works Director SUBJECT: Meadows North Reimbursement for Apgar Street Construction and Restoration DATE: May 1, 1997 Please find attached a letter from Horst Graser, Project Manager of Gold Nugget Development, Inc., in regard to improvements to Apgar Street in conjunction with the Meadows North Development. Per Mr. Graser's letter, Gold Nugget Development is willing to construct Apgar Street, from Thomas Avenue north to the existing Apgar Street pavement, and to restore the vacated Apgar Street south of Thomas Avenue to Fuller Street. Mr. Graser's letter is requesting from the City a reimbursement for the portion of Apgar Street to be constructed within their plat. The portion of Apgar Street, from Thomas Avenue north to the north plat line of Meadows North, if constructed under a 429 Special Assessment Public Improvement Project, would include City assessment costs. The west side of Apgar Street has double fronted lots and per City Assessment Policy, the City would be responsible for picking up the assessments along this portion of Apgar Street. In essence, the City would be responsible for 50% of the costs of Apgar Street, from Thomas Avenue to the north plat of Meadows North. The Gold Nugget Development proposal is for the City to pay 50% of the west half of Apgar Street actual costs or essentially 25% of the street costs. The engineer's estimate for the construction costs only of the west half of Apgar Street is estimated to be $22,275.00. The request from the developer is for the City to pay 50% or $11,137.50. This is only an estimated cost at this time, the City would be responsible for the actual bid costs associated with this improvement. The developer is willing to pick up all engineering costs for design and construction and the City would only be responsible for the construction costs. Due to the fact that the developer is willing to pave Apgar Street and can do this at a lesser cost than a 429 Special Assessment Project, the developer is willing to pay for the engineering costs associated with the construction of Apgar Street, and complete the restoration in this area, thus saving the City potentially more money, I recommend that the City pay the construction costs as outlined in Mr. Graser's letter. A condition should be added to the developer's agreement to include a reimbursement on Apgar Street and this reimbursement cost should be funded from the Capital Improvement Fund. If you have any questions in regard to this memorandum, please feel free to contact me in my office. 1/00 1 r.nice Loney Public Works Director BL/pmp MEADOWS GOLD NUGGET DEVELOPMENT INC, 8857 Zealand Avenue North 8 Brooklyn Park, Minnesota 55445 0 (612) 424-4955 /et?, / Itr April 29, 1997 • •.4.,; Bruce Loney, Public Works Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RE: Improvements to Apgar Street, via facsimile original will follow by mail Dear Mr. Loney, On May 6th the city council will be considering the preliminary and final plat of Meadows North and the vacation of a segment of Apgar street. Based on the comments from area residents at the Planning Commission hearing I am confident that our plat design and proposed vacation of Apgar street met their expectations. As part of our project we have proposed the removal and reconstruction of the entire width of Apgar street adjacent to our project. Normally we would petition the city of Shakopee to reconstruct Apgar street as a public improvement project in accordance with Chapter 429 since our project benefits only on the eastern half of Apgar street. Due to delays in plat approval a Chapter 429 project could not be completed until the summer of 1988. Therefore I propose that we make all necessary improvements and removal of Apgar street west of our plat as part of the Meadows North project this year. Combining the project is a prudent solution for both our development and area residents versus two projects over a two year period. In consideration I request the city of Shakopee participate in the cost of the construction and removal of the western half of Apgar street at a rate of 50% of actual cost. Our engineers estimate the improvement cost of the western half of Apgar street to be $22,275. The cities cost would be 50% or$11.137.50. I can furnish you with cost estimates prepared by Pioneer Engineering if deemed necessary. Thank you for your anticipated cooperation on this matter. Sincerely, Horst Gras , Project Manager Gold Nugget Development Inc. V PRa MEADOWS NORTH COST ESTIMATE PRO.* 17060 APGAR ST. REMOVAURECQNSTRUCTION DATE 04/10/97 BY LPO EST. UNIT ITEM QTY, UNIT DESCRIPTION PRICE AMOUNT 14 2400 S.Y. SU8GRAOE PREPARATION 0.50 1200.00 2 3200 TON SAND SUBBASE 4.50 14400.00 3 ?T00 S.Y. 6"AGGR BASE CL.5 MNDOT 313e(1009'1 3.00 6600.00 4 1900 S.Y. 1 1/2-81T. BASE MNDOT 2331 TYPE 31 _ 2.30 4370.00 5 1900 S.Y. 1 1/2"BIT. WEAR MNDOT 2331 TYPE 41 2.50 4750.00 8 95.GAL. TACK COAT MNDOT 2357 160 152.00 7 1000 L.F. CONCRETE CURS AND GUTTER6.00 6000.00 8 1 L.S. BACKFILL CURB/RESHAPE MVO 200.00 200.00 9 55 S.Y. GEOTEXTILE FABRIC-MNNOOT TYPE 5 1.50 127.50 10 85 C.Y. SUBGRADE EXCAVATION 3.00 255.00 11 1 AC. TURF ESTABLISHMENT 700.00700.00 _ 12 4000 C.Y. COMMON EXCAVATION 1.30 5200.00 13 800 C.Y. TOPSOIL RESPREAD 0.75 600.00 TOTAL Eads... 44554.50 • • NOTE' 'U -5G CasT Au t.ac.w0E0 » zµ9 1eT c&T C-s't't. ATE RESOLUTION NO. 4660 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,APPROVING THE FINAL PLAT FOR MEADOWS NORTH ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary and Final Plat of Meadows North Addition on April 17, 1997, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Meadows North Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Nat: 1. Approval of title by the City Attorney. 2. Approval of Final Construction Plans and Specifications, including the restoration of vacated portions of Apgar Street, by the City Attorney. 3. 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. B. The developer shall comply with all compaction requirements on the building sites. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. PFMEADNO.DOCRML 3 Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 PFMEADNO.DOC,RN11. 4 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary/Final Plat of Meadows North MEETING DATE: April 17, 1997 Site Information: Applicant: Gold Nugget Development, Inc. Location: South of 10th Avenue, East of Apgar, West of Fuller Street Current Zoning: Urban Residential Zone(R-1B)(See Exhibit A.) Adjacent Zoning: North: Urban Residential (R-1B) South: Urban Residential (R-1B) East: Urban Residential (R-1B) West: Urban Residential (R-1B) Comp.Plan: 1995: Single Family Residential Area: 17.26 acres(gross) MUSA: The site is within the MUSA boundary. Introduction: Gold Nugget Development, Inc. has applied for Preliminary/Final Plat approval for The Meadows North. The proposed development consists of 44 lots, significantly fewer than the previously submitted plat, which included 52 single family lots on 17.26 acres(gross). As proposed, the plat shows the extension of Thomas Avenue to Fuller Street. The proposed development is shown on the preliminary plat. (Exhibit B). The preliminary plat was originally reviewed by the Planning Commission in 1995, but has been tabled until the possible vacation of Apgar Street was resolved. That issue has been resolved by the City Council, and Fuller Street south of Tenth Avenue will remain a collector street, clearing the way for reconsideration of the vacation of Apgar Street. Considerations: 1. Lot area tabulations are attached as Exhibit C. PFPMEADN.DOC/RML 1 2. The applicant has filed a request for the vacation of Apgar. This request is scheduled for public hearing before the City Council on May 6, 1997, and will be considered by the Commission later on this agenda. 3. The Engineering has made specific comments, and a copy of Assistant City Engineer Rutherford's memo is attached as Exhibit D. The recommendations contained in that memo have been incorporated in the proposed conditions of approval. 4. Parcel No. 27-912045-0 has a levied assessment balance for 92-9 VIP Interceptor Project. The subject property is also subject to a pending assessment for 95-8, Fuller Street, 10th Avenue and Vierling Drive. VIP connection fees must be paid prior to approval of the final plat. 5. Park Dedication - The park dedication was previously paid as a part of the plat of The Meadows. Alternatives: 1. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Meadows North, subject to conditions recommended by staff below; 2. Recommend to the City Council the approval of the request for Preliminary/Final Plat approval of Meadows North, subject to revised conditions; 3. Recommend to the City Council the denial of the request for approval of the Preliminary/Final Plat for The Meadows North. 4. Continue the request in order to allow the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation: Staff recommends Alternative No. 1, approval with the following conditions: A. The following actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Approval of Final Construction Plans and Specifications, including the restoration of vacated portions of Apgar Street, by the City Attorney. 3. 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. PFPMEADN.DOC/RML 2 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. B. The developer shall comply with all compaction requirements on the building sites. Action Requested: A motion recommending approval of the preliminary/final plat of Meadows North subject to conditions. PFPMEADN.DOC/RML 3 SW' ''-- It allwimousso mums mu= — .,. ..,.. Gg.\ ,r.....-. Wii UR — Ilk titan 0:1 NI ea "--.- ri---r.1 1Ifl ..• 5. . e SO iriall111 mil NI R2 ;.- tit., so gl itil 3 't\5--- I Se- atie iill "vt \II WI No ......., g s d goo -- SO liti ti laigi 1111 sill-c\ I'- % t 1 , olEi ! 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' 112 .....mm.,... .----I ,4„. SOON Mei 2 ME , q ,2 as __._.............. ...... —,.. .1. .r A G ..._ , wd / , . 1 witlE3 111,3EI . I • :4 CEMETTRY • to , T. tism , „ gpoilluiripiv ,. CO▪CTORY VAIIIIIIIIWYLI,4 1414 r. ... ' ect" i/- ji .1.1,7 0)5, Oillial 24,64 It'-: Ogilli Anus _,- . gie irrrs,I,C1. III *4 • pm,/ . 1 4A'OP - $,_, . .. .gm .. ii.m.- ip 11 .Fir IIE MEE intarl 0001740 I. _3;1 ic--tEt. r 'Fir- NE Eno NE 1 — , Esi isfripb,'42 R " 3` 4-a Yt/Ok fil. ' my, IV --iff 1 .., ,i• . --.. ,, , -- ,. H lg. , . LEGEND I , c,,,,* ,. ,e--,..vA I Ana 7..--- A L.7.7i 40 amtlisi ur-,Oer:yino Zones . / ,4, 7 . ' bamill , hr--77.; .-tigr'cuiture . , i i ; auffing ' ' . . --- ' 1 1 NINO . r--------,-T-7-„---7_*, , RR i R:...rcl Resdent'ci R1A.1 Low Density Residenlici . la :-,--„. Urbcn Fyiesidentici R 1 9 --0---_,i0.4,,..p, ,4.- . . , ' PKW' 1 — 7-.<77, Old Snakcpee Riesideltici , ! 1 i ON. — .-.---,-- lr-Z7- R2 Medium Density Residentici — -- a . I r- 1 R3 1 Multiple Fcrnily ResiCenticl 1 , ,,. ,- -..-kpot..Etii_esise... 5' ,,, B1 Highwcy Business B3 I Centrcl Business 11 1 Light Industrial ,2 1 Hecvy ind,.;stricl i VR 1 Vc;cr Recrept.cn 0‘ er'3,1 Zones —5-5-cr-e-crd EXHIBIT A --E15 :,,c.:::.cr, _ 57- C. FiliK; 0Yl tV LOT AREA TABULATION �+t' 4 1997 for MEADOWS NORTH BLOCK LOT SQUARE FEET ACRES 1 1 13,295 .31 2 12,145 .28 3 11,552 .27 4 11,075 .25 5 11,844 .27 6 11,894 .27 7 10,249 .24 8 10,417 .24 9 10,391 .24 10 12,178 .28 2 1 13,176 .30 2 12,879 .30 3 12,414 .28 4 12,072 .28 5 12,898 .30 6 12,254 .28 7 11,236 .26 8 11,092 .25 9 9,781 .22 10 10,299 .24 11 12,266 .28 12 11,734 .27 13 13,093 .30 EXHIBIT C BLOCK L T SQUARE FEET ACRES 3 1 13,775 .32 2 17,422 .40 3 19,321 .44 4 13,521 .31 5 17,073 .39 6 13,275 .30 7 18,183 .42 8 16,494 .38 9 13,876 .32 10 13,170 .30 11 13,602 .31 4 1 13,185 .30 2 10,600 .24 3 11,593 .27 4 13,884 .32 5 33,538 .77 5 1 14,990 .34 2 9,435 .22 3 11,243 .26 4 9,450 .22 5 9,435 .22 6 14,778 .34 4/2/97 meadnortab City of Shakopee Memorandum TO: Michael Leek,Community Development Director FROM: Joel Rutherford,Assistant City Engineer SUBJECT: Meadows North-Preliminary and Final Plat Application DATE: April 10, 1997 After reviewing the above referenced application,I have the following comments for the applicant,and for the planning department: Streets The layout of the streets has been revised to show better traffic circulation between the neighborhoods. It appears this layout has been revised as a result of the comments and concerns expressed by the residents during previous public hearings. After discussions and meetings with the applicant, it is my understanding that the developer has agreed to include the improvements of Apgar Street with his development. He is also agreeable to restoring the areas of Apgar Street that will be vacated. As part of the agreement, he is asking the City for reimbursement of some of the costs to improve and restore these areas. The proposed street widths are consistent with the City's current standards. The connections to the streets located north of the development will require a taper because of the width of the existing streets. The existing street width for Apgar Street, Scott Street and Atwood Street is 44'. The current standard for local streets is 36'. When the existing streets are reconstructed in the future, it may be desirable to reconstruct them to a 36' wide street, instead of their current 44' width. Alleys Because of the existing alleys in the development north of the Meadows North, the plat drawings show the continuation of these alleys to the city streets. The land between the developments appears to have been inadvertently left out of the development to the north when it was platted. After the developer for Meadows North purchased the property for Meadows North, it was discovered that there was a"gap"between the existing and proposed developments. The developer for the Meadows North development has since purchased this property, and it has not been included in the plat. The drawings show the construction of the street connections along with the installation of alleys. A decision is needed regarding this strip of land between the developments. The City will need to have either a roadway easement, right-of-way,or something that gives the public the authority EXHIBIT D to use the streets and alleys,as well as the right to maintain them. What happens to the property outside the streets and alleys is not as critical,but is important for the determination of maintenance responsibility(mowing,etc.) Storm Sewer As shown on the drawings,the applicant has not provided ponding. During the construction of Fuller Street,a pond was constructed downstream of this development that was sized large to accommodate this development. Therefore,no additional ponding is required for this development. Recommendation Recommend approval of the Preliminary and Final Plat, subject to the following conditions: a) Prior to recording of the Final Plat,the following actions must be completed: 1. Execution of the Developers Agreement; and 2. The Final Construction Plans and Specifications must be approved by the City Engineer. 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CJ — J I II I1 // .0,,; ,� ` C N I! \ S, r A 7.7 7 Y ,F -• ,w."'1 ''.74,.,c • / ' in / ^ \ 'kms �- jj, silv ., \ 4111111 ~0 �1 r) N if it 4' � l co /fin' \ .. .•j ° \ � , a ¶ifI ;I +• • L? 1332115 LC.S __•u „-° fin; "Cri fit `S�`. v i vf,` ^ \ `y) CO �,� r it // u• :7"- I 11 I I. m t ♦^ \ 1 ' ;.I C4 rit Il lg. ', __ J _J / Y ,n ., , , 4. d • \ \�- ,o \ tom= N , '> C, I 11 e1 I I I �It I'— g-�7 a' I . '�t �� VI' _, \ \ I C� I ! p V1 mil to I 1 s sh C. lE . Ti3F, -•, :, , r-+��. N. ' '11 -1 I I I I I3 `° 1' , — i r ' -- -- 'I'r'lc . e, .., ,n •,rs'. — — — J.- - - -� L JL , JL J L JL y-., J Ib _ _ 1 - - : F ' - - - - - =PUS writ mar R , .T cion ,am u,m ...,.. mar - i 1332115 21:fa: r-�-� `• 23 491£.00 S ,yv:iC."v �_ _ - -1�J�1v — �— —I r — — 1-- i 1 1 I b 1iii 3 I i i J i 8 i v a C7 1 0 kn I / \ �, —�r \ I yrs i v I ►_ 1 13321:5 r:,t7Fb'91S g = jJI I ) N ( i jJIj ru • I 1 1 1 I 1 I CONSENT $, iy. CITY OF SHAKOPEE Jm. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Initiating the Vacation of Right-of-Way for Quincy Street Right-of-Way and Easements DATE: May 20, 1997 INTRODUCTION The attached Resolution No. 4672 sets a public hearing date to consider the vacation of right-of-way. The right-of-way proposed for vacation is the Quincy Circle right-of-way. This right-of-way was dedicated with the plat of South Parkview 1st Addition. The right-of-way was dedicated but the street has not yet been constructed. DISCUSSION The City has received a petition for the vacation of right-of-way and easements from Cletus Link. The attached resolution sets a public hearing for June 17, 1997. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for its consideration. ACTION REQUESTED Offer Resolution No. 4672, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Right-of-Way, and move its adoption. / ulie Klima Planner II i:\corrundev\c61997\cc0520\vacpluicr.doc 7V132V103 RESOLUTION NO. 4672 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF RIGHT-OF-WAY AND EASEMENTS WHEREAS, it has been made to appear to the Shakopee City Council that the right-of-way of Quincy Circle and easements, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 17th day of June, 1997, at 7:00 P.M. or thereafter, on the matter of vacating the right-of-way known as Quincy Circle and easements, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 /to 4,6 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Acquisition of MNDOT right-of-way adjacent to proposed Crossroads Center MEETING DATE: May 20, 1997 Introduction: Midwest Commercial Development (MCD) is interested in acquiring excess MNDOT right-of-way adjacent to the proposed site of it's retail center at the southwest corner of • CSAH 17 and Vierling Drive for grading, screening and landscape purposes. MCD has received a retail center CUP for the project, and it's request for preliminary plat approval is pending. Because of the length of time it would take for MCD to acquire the property, it has asked that the City acquire the property in much the same fashion as agreed to with the Centres Group. In the event that the City agrees to acquire the property, it will be necessary to enter into an agreement with MCD regarding the transaction. Alternatives: 1. Direct staff to negotiate a developer's agreement with Midwest Commercial Development for the acquisition of excess MNDOT right-of-way, and to initiate discussions with MNDOT regarding said acquisitions. 2. Do not direct staff to negotiate a developer's agreement with Midwest Commercial Development for the acquisition of excess MNDOT right-of-way, and to initiate discussions with MNDOT regarding said acquisitions. 3. Table the matter for additional information. Action Requested: Direction to staff as to whether to proceed to negotiate a developer's agreement with Midwest Commercial Development for the acquisition of excess MNDOT right-of-way, and to initiate discussions with MNDOT regarding s ' acquisition. R. Michael Leek Community Development Director MNDOTROW.DOC/RML 1 _ •• ____ . 4 ? , ....,.... _ .._.,.., I : _;;—•-_____,.:::-..--;7-1_-......./:-.H, ,,::.,...".-- " ----:-. :•-•it„;.s4., --; — ...0, t • t : :, *-1 j L_____44.octe,,a• ,....' ••=our• : r , • r-7---; r----t---, ,---Z.--: / , i ,.. -.... 7,7C:12 7 732 . ' , _,a• on, I 31 .,:, , •:-......‘"'\,‘,„ ... s'....,.. 'N. 1 1 i I . . . i---"-.4 16--1-- i---1-„,i 771 I• (,t..,'7 \,. j"' . : ,•_„___,.---"7"--1. _,__. ._31.___1!"--ro--: ).\.),..„,..„ .:,>., .,,,... ._ --„.,___ _..--. . ' • , ' ! • • I r i • .--.....,_, 1...-_,____,I l____._t^,, • • •e .• ,..:,.... .......,,N, .., ., :., ----;--7 ,-•-•\ .. 1 • , 7---4Lr4 L-.L.!_t_. „ ! . ' - 1 , ' : 1 ', ‘ , A !'/,,, • •-e.- : I • :----' - ;•-•--"---: ---1-- %•••—••= ':' ' 1 ! 1 ; 77-1 . t i r. 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F.,....gEs...,--- II . • - iscr sill'' •- sin3,--- . ._. , - • LEGEND . _,....._ -,...o/ 1 . , • .-.. .. li .--_____________________ ,---- ....,-..:-=r,,,,.r..-.. 7c.r-• AG ! .....: - .„,..c..;.,...„ ....... .. .... :...,......„.: . • .41•10110.". ''.....=:...... . .r. . • ' ''''''' ';.....".:1 7e.S7'...e...! -..' II ....................... .... ... .._•.1111..................................- ..".r... ''. . . :•.1 C'e.....St.i. :Zesi....te .•:.:! 01- .... .. .... .'.7... ..... 7.' L . • . ppMt413l i I 7=7,-.7-, •,::,-;, S ::.:.ie- ''..is:ti•--' .: azzce..1--- .„_______________________ , .:-.:-; : . ,. _ . „ ,, ..__ • ........rn ......-.r.s::;.. •..ts..:„. ,.:gr:wcy . ._._ : ,... ,ct: L_;...-.: ...= •,:,... _-_.,-7.-::.• ,_ ,-.,--t :,..... _F.,.,.: _ ., ,-,:-:,,,, -,:.-.... -- .2. 11111 --• --,-. .... ,... .z, ._. , Z.. ---,..-:---. - — • . .-_'•• .. • •_-, • - -,,z - --_:• _•_- - c:Z.7...2 77 _ '::::" :: . ..•-..-- -'- .- EXHIBIT A • ____ • •• • _ _ •-• .• _ immolowar_-:._ , SHAKOPEE ASSOCIATES, LLP. 5928 Walnut Drive • Edina, MN 55436 • (612) 938-0443 • fax (612)938-2123 April 23, 1997 Michael Leek City Of Shakopee 129 Holmes Street South Shakopee,MN 55379 Dear Michael: John Hippchen at MNDOT has indicated the following procedure in reference to the excess MNDOT land I now need to acquire: Step 1: By May 8 John will give me a formal go-ahead regarding MNDOT ability to sell the land. Step 2: City of Shakopee proceeds with appraisal using an appraiser from a pre-approved MNDOT list. Step 3: Developer proceeds with boundary survey of MNDOT parcel Step 4: MNDOT offers land to City for purchase at appraised value. Step 5: City purchases MNDOT parcel and resells to Developer at cost. (purchase price offered by City may be less than appraisal depending on amount indicated in appraisal) I need to complete this process within the next 60 days. I will contact you as soon as I get the go-ahead from John Hippchen. In the meantime, if you have any questions or comments please feel free to contact me. Sincerely, 'Fs Sco t L. Eri •n r General Partner — -Nr '- t l' rGut ct►v-4A tx-e- cro t fr d +0 cc: G. Shaughnessy v s -4" I ro, red . D. Erickson M. St. Martin /der e/ -44-- Shopping Center Development and Leasing CONSENT Pt (3. 1 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Termination of Probationary Status Duane Toenyan DATE: May 20, 1997 BACKGROUND: Duane Toenyan started working for the City on November 25, 1996 at Step 1 of the 1996 Pay Plan as a maintenance worker in the Public Works Department. His six months probationary period has been competed satisfactorily. it is recommended that his probationary status be terminated. ALTERNATIVES: 1. Move to terminate Duane Toenyan's probationary status. 2. Extend his probationary status another six months. 3. Terminate his employment with the City. RECOMMENDATION: Terminate Duane Toenyan's probationary status. ACTION REQUESTED: Move to terminate Duane Toenyan's probationary status. //%,e, b 1 Bruce Loney Public Works Director Th3MO3 ) 2y. e , CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Engineering Technician II DATE: May 20, 1997 INTRODUCTION: Interviews have been held with five candidates for the Engineering Technician II position which was authorized by Council to be filled at the April 15, 1997 meeting. At this time, I am recommending that the City Council authorize the hiring of Thomas R. Voll to fill this position. BACKGROUND: Mr. Voll is currently an Engineering Technician for RLK/Kuusisito Consulting Engineering. Previously, he has worked for the City of Shakopee on a six month engineering internship and had fourteen months experience prior to that working for a private consultant all on municipal engineering projects. Mr. Voll is a graduate Civil Engineer from the University of Minnesota and has successfully passed his Engineering in Training. I am recommending Mr. Voll be hired at Step 1 of the 1997 Pay Plan for the Engineering Technician II position. I am also recommending Mr. Voll be given a pay and performance review in six months and that he be given a salary adjustment to Step II of the pay plan, if he satisfactorily completes the six month period. The reason for the salary adjustment is based upon Mr. Voll's prior six month employment with the City of Shakopee in the Engineering Department. RECOMMENDATION: It is recommended that the City Council authorize the hiring of Thomas R. Voll for the position of Engineering Technician II starting at Step 1 of the Non-Union 1997 Pay Plan ($29,053.00/Yr.), with a step increase to $30,091.00 per year after successful completion of the six month probationary period, effective June 9, 1997, subject to the successful completion of a pre-employment physical. ACTION REQUESTED• Move to authorize the authorize the hiring of Thomas R. Voll for the position of Engineering Technician II starting at Step 1 of the Non-Union 1997 Pay Plan ($29,053.00/Yr.), with a step increase to $30,091.00 per year after successful completion of the six month probationary period, effective June 9, 1997, subject to the successful completion of a pre-employment physical. Bruce `ma / P ce Loney 0 Public Works Director BL/pmp EMPLOY i . r3 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public works Director SUBJECT: Vierling Drive, from C.R. 69 to Presidential Lane Design Alternative Discussion and Right-of-Way Acquisition DATE: May 20, 1997 INTRODUCTION: Pursuant to Resolution No. 4611, the Engineering Department began preparing plans and specifications for the Vierling Drive Improvement Project, from County Road(C.R.) 69 to Presidential Lane. During the course of this design it has been determined that the Vierling Drive roadway section through the commercial district, should be expanded from a four lane undivided roadway section to a four lane divided roadway section with left and right turn lanes to accommodate the future traffic. In addition, staff would like Council to consider the right-of-way acquisition from Mn/DOT in order to construct this improvement project and to authorize the City Attorney to prepare an agreement on assessments through the commercial properties with the Centres Group. BACKGROUND: At the March 4, 1997 City Council meeting, Resolution No. 4611 was adopted which ordered the preparation of plans and specifications for this improvement project. This improvement project affects three parcels known as Stone Meadow, Arlington Ridge and the Centre's Group proposed parcel, with the excess Mn/DOT property from the Trunk Highway 169 improvement project. During the course of design, staff had Chuck Rickart of WSB & Assoc., the City's transportation consultant, review the projected traffic volumes for this roadway to determine if the proposed four land undivided urban roadway would be sufficient. From the transportation study authorized by City Council last year, it has been determined that Vierling Drive, from C.R. 69 to Taylor Street could have upwards to 14,500 to 20,000 vehicles per day in the year 2010 depending on the intensity of the commercial development. This analysis was based on the transportation model created through the transportation plan being done by WSB & Assoc. A copy of the memo from Mr. Rickart is attached which contains comments on the proposed four lane divided roadway. In order to complete the design of Vierling Drive, from C.R. 69 to Taylor Street, staff would like to review the following issues with Council: 1. Design alternatives for Vierling Drive to the proposed commercial district from C.R. 69 to Taylor Street. 2. Purchasing of Mn/DOT excess property for Vierling Drive roadway and ponding right-of-way. 3. Authorizing the City Attorney to prepare a legal document with the Centre's Group for assessing the additional improvements such turn lanes, concrete medians, additional right-of-way to the commercial properties benefiting from this upgrading of proposed Vierling Drive. Issue No. 1 The design alternatives for Vierling Drive through the commercial district are as follows: 1. Construct Vierling Drive to a four lane undivided urban roadway section, as included in the feasibility report for this project, and similar to other Vierling Drive roadway sections in the City of Shakopee. 2. Construct Vierling Drive from C.R. 69 to Taylor Street through the commercial district, with additional turn lanes and concrete medians to delineate the intersections and provide adequate storage for turning movements within the commercial district. 3. Build Vierling Drive from Presidential Lane to Taylor Street and stopping at Taylor Street. On these design alternatives, staff has met with the Centres Group representative and has concluded that the street intersections can be identified and the roadway could be constructed without harming future development of this commercial site. It also has been agreed by the Centres Group and staff that construction of turn lanes and concrete medians at this time would be more cost effective than having to reconstruct those improvements upon development of the commercial site. The recommendation from the transportation consultant is that ultimately this area will need turn lanes to facilitate the high number of traffic movements utilizing the additional commercial development in this area. This need will be necessary with a moderately intense commercial development as well as an intense development as proposed from the Centres Group. Staff believes that the roadway design for turn lanes and intersections can be properly designed to meet the needs of commercial development in this area. Also, the additional cost of constructing these improvements with the initial construction of Vierling Drive is much more cost effective than installing them in the future. Preliminary discussions with the Centres Group have indicated that the turn lanes, concrete median and additional right-of-way costs for Vierling Drive is an assessable cost to the commercial district that are receiving these benefits. In the Preliminary Development Agreement with the Centres Group, in paragraph 5, the Centres Group and the City shall enter into an agreement, in a form acceptable to both parties, concerning assessments for public improvements relating to the property and the development. Staff would propose that the City Attorney prepare a document that would allow the City to assess these additional improvements to the commercial properties being developed in this area. Issue No. 2 The City needs to acquire right-of-way to construct Vierling Drive through the excess Mn/DOT property. An Agreement of Conveyance has bee approved by Mn/DOT for the City to purchase this property and the City has entered into an agreement with the Centres Group to convey this property to them once the transaction is made. The amount of right- of-way needed for Vierling Drive roadway is estimated to be 0.92 acres and a ponding area is also needed for storm water and this area is estimated to be 0.55 acres. The price of land for this parcel from MnDOT is $33,486.23 an acre. The cost of purchasing the road right-of-way is$30,749.52 and the pond right-of-way cost is$18,295.96. Attached to this memo is a drawing showing the proposed design to include turn lanes and concrete medians for Vierling Drive, as well as the ponding needed for this improvement project. Staff would like to include one additional point with the proposed ponding area. The City could purchase this pond and construct the pond with the Stormwater Trunk Funds and later recoup these costs through the stormwater trunk charges for stormwater conveyance and ponding upon commercial development. At this time, if staff is able to purchase the property for ponding, the developer for the Stone Meadow plat is willing to construct most of the pond at his cost in order to complete his development. The cost of the pond to the City is estimated to be $22,000.00. At this cost, the City needs only 3.88 acres of commercial development draining to the pond to pay the right of way and minimal grading costs. It is estimated at this time there is at least 15 acres of commercial area draining into the pond. If Council elects to proceed with the design and construction of Vierling Drive, to Taylor Street or through the commercial district area, the City will need to purchase Mn/DOT property for Vierling Drive roadway and ponding. Per Mary Martin of Mn/DOT, the transaction of land can occur at any time, since the approval of conveyance has been given. A portion of the excess MnDOT land can be purchased versus the entire 23.52 acres at this time to construct Vierling Drive. Some right-of-way acquisition is needed from MnDOT, in order to construct Vierling Drive to the Taylor Street intersection, as well as the ponding area right-of-way. Construction of Vierling Drive to this intersection is necessary to provide another access to the Arlington Ridge development. Issue No. 3 The City has conducted a public hearing for this proposed improvement project. City policy for assessments on collector streets has been to assess the local streets equivalent costs to adjacent benefiting properties. In this particular case, the upgrading of Vierling Drive to a four lane undivided urban roadway to a five lane urban roadway with turn lanes and concrete medians, these additional improvements are being made to serve the commercial development in this area. Staff believes it is appropriate that the additional costs being added to the Vierling Drive roadway should be assessed to the commercial properties. If Council agrees with staff's recommendation, a legal document needs to be prepared in order for the City Attorney to have these improvement costs assessed to the benefiting commercial properties. ALTERNATIVES: 1. Review the design alternatives for Vierling Drive and provide staff direction on which alternative is acceptable to Council. 2. Authorize staff to purchase the necessary right-of-way needed for the Vierling Drive improvement. The amount of right-of-way to be purchased will depend on the design alternative selected by City Council. 3. Authorize the City Attorney to prepare an agreement with the Centres Group concerning assessments for public improvements, relating to the MnDOT excess property, and in particular the additional improvements to Vierling Drive such as turn lanes, concrete medians and additional right-of-way. RECOMMENDATION: Staff recommends the design alternative which would include turn lanes and concrete medians from C.R. 69 to Taylor Street, if Council believes it is in the public's interest to connect Vierling Drive to C.R. 69. Staff also recommends that Council authorize the purchasing the necessary right-of-way to construct Vierling Drive and authorize the City Attorney to prepare the necessary agreement to allow the City to assess the additional improvements of Vierling Drive to the developing commercial properties in this area. If Council believes it is prudent to wait until a commercial development is more imminent, and wishes not to place assessments on the property until it develops, then stopping Vierling Drive at Taylor Street is recommended. ACTION REQUESTED: 1. Direct staff as to the design alternative for Vierling Drive through the commercial district, from C.R. 69 to Taylor Street. 2. Authorize staff to purchase the necessary right-of-way from Mn/DOT to construct the Vierling Drive improvements. 3. Authorize the City Attorney to prepare an agreement with the Centres Group concerning,assessments for public improvements, relating to the MnDOT excess property, and in particular the additional improvements to Vierling Drive such as turn lanes, concrete medians and additional right-of-way. 6,44461() Bruce Loney Public Works Director BL/pmp VIERLING May-15-97 07 :43A P 02 A 13 A.!VG ,PT.NY/cm 350 Westwood Lake Office .icer A NY/cm,P E. W 8441 Wayzata Boulevard Pw!R.Willnrto(;,Minneapolis MN 55426 Donald W.<«r' .r>r. ' Ronald A.iiray. 612-541-4800 &Associates,Int. FAX 541-1700 Memorandum To: Bruce Loney, P.E. City Engineer, Public Works Director City of Shakopee From: Chuck Rickart Traffic Operations Engineer WSB & Associates Date: May 14, 1997 Re: Vierling Drive-CR 69 to Taylor Street Roadway Geometries Review WSB Project 1071.00 As requested,we have analyzed the required roadway geometries,including number of lanes and vehicle storage(queue length) for proposed Vierling Drive between CR 69 and Taylor Street.This analysis included reviewing the anticipated traffic generation from the proposed Centers Group development located both north and south of Vierling Drive. Based on our analysis the following conclusions are apparent. 1. The proposed Centers Group development will generate approximately 14,800 vehicles per day between Taylor Street and CR 69. 2. The projected traffic volume on Vierling Drive between CR 69 and Taylor Street is estimated at 14,500 vehicles per day with a moderate size commercial development (as assumed in the City of Shakopee Transportation Plan) to 20,000 vehicles per day with an intense development such as the Centers Group proposal. 3. The existing site access (street "A") adjacent to CR 69 that "T's" into the existing Vierling Drive currently has inadequate spacing to allow for construction of a full movement intersection at that location. F IRTWlM1071 ovalt.t7dt Infrastructure Engineers Planners FQUAL OPPORTUNITY EMYt(WFR May-1S-97 07 :44A P .03 4. The existing Vierling Drive from CR 69 to the existing site access road was designed with a pavement section to accommodate 20,000+ vehicles per day. This was constructed by Mn/DOT with input from the City in 1996. 5. The required vehicle storage based on the traffic volume data would be as follows: • Westbound Vierling Drive to southbound CR 69 left turn - 350 feet • Eastbound Vierling Drive to northbound site access (street "A") - 200 feet. 6. The Vierling Drive approach to CR 69(westbound)could include a exclusive left turn lane,a combination through left turn lane and a right turn lane. The required left turn stacking with a combination left turn lane would be reduced to 250 feet for both lanes. Based on these conclusions, the proposed roadway configuration, as outlined in the letter from Joel Rutherford of May 13, 1997, would be adequate for a development with the intensity of the proposed Centers Group project. One option that could be considered for the geometries east of the site access "B" would be a continuous center left turn lane in lieu of the raised concrete median. This would provide for left turns into the proposed site,as well as left turns at Taylor Street and the proposed site access "C". F tirpow01071041011491111 LS%EONS 3ill t'.I,.I AINITANOD 431iO3 H )\1 ]d0d 1VIO ]WW00 REec-02MHS L6/S :31V0 HONOLH1 O \ IN]CIM ,VMCVOL. C]SOd0d 0Hr :"l8 'N1 1VI1N]CISJLd Ol 69 'L'3 '�C O \ I1L]IA NMVeIG ■ ,` �� 0 ■ w is w Q �. w ,11:1',,,„„.',7:-----,i, wi '�� / ~ �/ ,' \ : LI MIL-4111181/1111- co w o _c all in 714:18 /, I/'‘I ,�� rs w Waal skki,s. ,:,,,,,,,,:'„1Ill i :,,,\,,,,,,6, �1 :rte i. 0 / X t`DO d �O O! WIC b� �� W I <N / d \ N\ / N o"'N bhSb0� \`,\ F o II N / `�/>b o,�s o w a I ''d " 7 6-c.. isI N, Y210)p, I N (f) I p 4;(4, W I J.� U 4f0d, '' JNb/d*A bo, X 1 LI INN `-2.-N I 4#/ / / I 69p4 613)4C Estimated Assessments for MnDOT Excess ROW From Feasibility Report: Vierling Drive - $325,445.65 Taylor Street - $35,525.33 Subtotal = $360,970.98 Vierling Drive Widening: Construction/Admin Costs - $50,000.00 Additional ROW Costs - $30,750.00 Subtotal = $80,750.00 Grand total = $441,720.98 /Y. .y, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Public Works Equipment Acquisitions for 1997 DATE: May 20, 1997 INTRODUCTION: The Public Works Department has reviewed its proposed equipment acquisition as listed in the Capital Equipment List in the 1997 Budget. Staff is proposing changes in this list and is seeking Council direction on equipment acquisitions. BACKGROUND: In the Capital Equipment List for 1997, the following equipment was proposed: Street Division Single Axle Dump Truck/Equipment $ 75,000 Front End Loader $ 120,000 Park Division Large Tractor Mower(i.e. Jake) $ 70,000 Total $ 265,000 A copy of the Capital 1997 Capital Equipment list is attached as Attachment No. 1. Staff has reviewed these proposed equipment purchases with the needed operations of the Public Works Department and has the following recommendations: • A new single axle dump truck with equipment is needed to replace Truck #107, as per the Vehicle Replacement Policy and the City mechanic's recommendation. • The larger mower (i.e. Jake) with a 16 foot cutting width is scheduled for replacement, per the Vehicle Replacement Policy and the City mechanic's recommendation. • A new front end loader to replace the 1976 Fiat-Allis is not recommended at this time. Staff recommends purchasing new single axle dump truck with equipment to replace the existing Fiat-Allis loader on a plow route, and utilize the existing loader for loading trucks due to its age. The Fiat-Allis loader was replaced in 1993 with a Case loader, however, this loader was retained due to its low salvage value. This piece of equipment has been utilized since in a snow plow route, for loading sand and miscellaneous other operations. • A new single axle dump truck would have a plow and wing and would be able to plow areas faster than the loader. Additional plowing capacity is needed to meet the City's increased number of streets and the County road turnbacks such as County Road 18. The existing loader could still be used as necessary for snow plowing. • A skid steer loader (i.e. bobcat) with high output hydraulics and snow blower is recommended for snow removal purposes on sidewalks and trails and to supplement our existing skid steer loader. The work load in the spring, summer and fall is such that two skid steer loaders could be utilized by the Street and Park Divisions. • The existing skid steer loader does not have the hydraulics necessary to effectively blow snow from sidewalks and trails. The City has greatly increased its sidewalks and trails on Collector streets and County roads the past few years. In order to remove snow from sidewalks in the time period, per City Ordinance, additional equipment is necessary. A new skid steer loader with snow blower is 1/3 the cost of a large sidewalk snow removal machine. Attachment No. 2 contains further analysis from the Public Works Supervisor on these equipment purchases. These equipment purchases as proposed in the memo will cost approximately the same amount as proposed in the 1997 Capital Equipment List. Staff believes these purchases will upgrade our existing equipment for snow plowing and grass cutting operations as well as maintain a level of service on snow plowing of streets in our growing Community, and improve the service of snow removal on sidewalks and trails. Staff would like to discuss this equipment with Council and seek direction on whether to proceed with these acquisitions. ALTERNATIVES: 1. Direct staff to proceed with equipment acquisition as outlined in Attachment No. 2. 2. Direct staff to proceed with equipment acquisitions as outline in Attachment No. 2 and as modified by Council. 3. Table for additional information. 4. Schedule this item for further disucssion on a future Work Session. RECOMMENDATION: Staff recommends Council discuss the proposed equipment acquisitions and provide direction to staff Staff believes the equipment acquisitions listed in Attachment No. 2 are needed as per the Vehicle Replacement Policy and to meet the operation needs in the Street and Park Divisions. ACTION REQUESTED: Move to direct staff to proceed with equipment acquisitions as outlined in Attachment No. 2. AujiL4011,1 Bruce Loney lj Public Works Director BL/pmp PURCHASES q , ATTACHMENT NO . 1 1997 1998 1999 2000 . 2001 Police 11 Marked Patrol Cars 25,660 25,770 53,280 55,100 28,500 Automobiles (unmarked) 13,900 14,400 16,200 I Fire Truck- Pumper 300,000 300,000 Truck-Telesquirt 350,000 1 Hover Craft 22,000 Utility/Personnel Vehicle 40,000 I Engineering Pickup Truck 14,000 15,000 16,000 Street Single Axle Dump Truck/equip 75,000 80,000 1 Ton Pickup with Plow 20,000 Steamer 40,000 J -Front End Loader 120,000 Diesel-powered sidewalk plow 65,000 Snow Blower (for loader) 55,000 1 Park Large Tractor Mower(ieJake) 70,000 ■ Garbage Truck 1 1/2 Ton 50,000 i1 Bucket Truck 40,000 Small Mower w/cab and attachments 30,000 I Sewer Fund 1 Ton Pickup with plow 30,000 Eductor 50,000 1 Storm Drainage Fund Tractor Loader/Backhoe 60,000 954,560 454,170 285,280 305,100 145,700 i u I I I 1 1 5-20 ATTACHMENT NO. 2 PUBLIC WORKS EQUIPMENT ACQUISITIONS 1997 STREET Single Axle Dump Truck with Equipment This truck will replace Truck #107 using the Guideline Replacement Standard. The mechanic has filled out the Vehicle Evaluation Form. Estimated cost for truck, plow, wing and sander is $90,000.00 Single Axle Dump Truck with Equipment This will be an additional truck. With the growth of the City in the past and its continued growth in the future, we would request an additional truck in order to plow, sand and haul materials (sand, snow, rock, ag-lime). This truck will keep our snow removal operations from exceeding 8 to 10 hours per storm. Estimated cost for truck, plow, wing and sander is $90,000.00. Skid Steer Loader with High Output Hydraulics and Snow Blower This would be an additional skid steer loader (i.e. bobcat). Our present bobcat does not have high output hydraulics, which is needed to run hydraulic snow blowers, asphalt mills, stump grinders, etc. with the demands on our present bobcat which is used heavily in our park system. An additional bobcat would be utilized by street personnel in order to be more productive in street maintenance (street patching, pothole repair, etc.); storm sewer maintenance (catch basin repair, ditch and pond maintenance); sign maintenance (repair and installations); sanitary sewer maintenance (manhole repairs). With the increase in sidewalks and trails, our productivity in snow removal would be highly increased by using a skid steer loader with a hydraulic blower. A large amount of Communities use equipment that is specifically made for sidewalk snow removal (i.e trackless, holders). After consulting with other Communities, we believe a skid steer loader with a hydraulic snow blower is the best equipment to meet our needs. This equipment is more versatile with more attachments and it can be used year round. This equipment is also 1/3 less in cost than other sidewalk snow removal machines. This equipment item was not budged for in 1997. Estimated cost for skid steer loader with high output hydraulics and snow blower is $25,000.00. PARK Large Mower(i.e. Jake) This mower is the backbone of the City's turf maintenance fleet. This mower has a 16 foot cutting width, which is a necessity in keeping up with our ever growing park system, and maintaining the service level the public is demanding from its ballfields and open park space. Estimated cost for large mower is $60,000.00 including trade-in. / Y• a li CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator CONSENT FROM: Bruce Loney, Public Works Director SUBJECT: Recycling Program Agreement with Scott County for Spring Cleanup Day DATE: May 20, 1997 INTERACTION: For the past eleven years, the City of Shakopee has sponsored a spring community cleanup program. Since 1990, funds for operating the program have been received from Scott County in the form of a Local Recycling Grant. Attached to this memo is a Recycling Program Agreement between the City and Scott County for obtaining grant funding for the 1997 spring cleanup day which occurred on April 26, 1997. BACKGROUND: The City has received funds from Scott County to offset costs associated with the waste abatement activities pursued by the City. Attached is the Recycling Program Agreement, in which Scott County will provide funds to the City of Shakopee for the recycling program as outlined in this agreement. This agreement has been the standard agreement that the City and County have executed in previous years. This year the City of Shakopee is requesting $6,000.00 in funding assistance from Scott County for our City Recycling and Cleanup Program. The recyclable materials accepted this year included tires, appliances, yard waste, brush and car batteries. The cleanup day program this year was very successful, and with the grant funds from Scott County, the program should break even consistent with past years. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Recycling Program Agreement with Scott County for the spring recycling material collection day in 1997. 2. Do not enter into the Recycling Program Agreement. Ti43?4' 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the Recycling Program Agreement with Scott County. / • ' :ruce Loney IF Public Works Director BL/pmp RECYCLE RECYCLING PROGRAM AGREEMENT THIS AGREEMENT made and entered into on this Z 5? day of /f/4/ , 1997, between the COUNTY OF SCOTT, State of Minnesota, hereinafter referred to as COUNTY by and through the Scott County Board of Commissioners, and THE CITY OF %"g o PE , Scott County Minnesota, hereinafter referred to as CITY, by and through the City Council. WITNESSETH: WHEREAS, Minn. Stat. Sect. 473.8441, establishes the Local Recycling Development Program providing grants to counties to be distributed by the Office of Environmental Assistance; and WHEREAS, Minn. Stat. Sect. 115A.557, establishes the County Waste Reduction and Recycling Funding program to be distributed by the Office of Environmental Assistance; and WHEREAS, Scott County has received funding from the Office of Environmental Assistance identified as Local Recycling Grant; and WHEREAS, These funds are to be used for the activities specified in the Office of Environmental Assistance Grant Agreement and approved by the Scott County Board on January 18, 1996; and NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE This Agreement shall establish a mechanism for distribution of funds obtained from the Minnesota Office of Environmental Assistance in accordance with respective agreements related thereto for implementation and/or enhancement of recycling programs in Cities and Townships within Scott County consistent with the County Solid Waste Master Plan. 1 2. SCOPE OF SERVICES The CITY is obligated and agrees to the following: a. recyclable materials will be collected by a hauler licensed by Scott County; b. recyclables will be delivered to a licensed recycling facility; c. organic materials (yard and tree waste) will be processed into compost at a licensed/permitted yard waste compost facility or a permitted land application site; d. upon completion of the event, a report will be submitted to the County identifying the quantities of materials recycled, the facility to which they were delivered and processed at; including actual expenditures and revenues. In the event that another jurisdiction (city or township) participates with the CITY's event,the County will transfer the participating jurisdiction's allocated share in the program funding to the CITY upon receipt of a resolution from the participating jurisdiction indicating involvement. The CITY shall advertise the neighboring jurisdiction's participation and allow their residents to participate in the collection. 3. EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective upon execution by all parties to the Agreement. 4. TERM OF AGREEMENT This Agreement shall remain in effect until December 31, 1997, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, unless earlier terminated as provided in Section 20 herein. 5. GRANT REQUEST The CITY shall establish recycling programs as set forth in Exhibit A, which is attached hereto and made a part of this Agreement, as though fully set forth herein. 6. GRANT PAYMENT The COUNTY shall pay to the CITY a percentage of the grant money available through the COUNTY for this program,'determined by each Scott County municipality and township population; to be used for the development and/or enhancement of recycling programs. The CITY shall use these grant funds solely for the materials and/or programs as set forth in Exhibit A. 2 7. AVAILABILITY OF FUNDS Notwithstanding any provision of this Agreement to the contrary, the maximum amount of grant payment available to the CITY in 1997 for the projects specified in Exhibit A shall be as specified in Section 5 above. Any funding availability for future years or for other recycling projects shall be at the complete discretion of the COUNTY. 8. UNEXPENDED FUNDS Any grant payments provided to the CITY under this Agreement shall be returned to the County in the event the grant payment is not used according to the requirements of this Agreement or has not been used within twelve (12) months of receipt by the CITY, whichever occurs first. 9. AUTHORIZED AGENT OF SCOTT COUNTY Scott County shall appoint an authorized agent for the purpose of administration of this Agreement. The CITY is notified of the authorized agent of Scott County as follows: Allen J. Frechette Environmental Health Manager Courthouse A102 428 S. Holmes St. Shakopee, MN 55379-1393 (612) 496-8177 10. RECORDS -AVAILABILITY AND RETENTION Complete and accurate records of the activities performed pursuant to this Agreement shall be kept by the CITY for a minimum of three (3) years following termination of this Agreement. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies the CITY in writing that the records need no longer be kept. Pursuant to Minn. Stat. Section 166.06, Subd. 4, the books, records, documents, and accounting procedures and practices of the CITY relative to this Agreement shall be subject to examination by the County and the State Auditor. 3 11. INDEMNIFICATION The CITY shall save and protect, hold harmless, indemnify, and defend the County, its commissioners, officers, agents, employees and volunteer workers against any and all liability, causes of action, claims, loss, damages or cost and expense arising from, allegedly arising from, or resulting directly or indirectly from any errors and omissions and/or negligent acts and omissions of the CITY in the performance of this Agreement. 12. SUBCONTRACTS The CITY shall not subcontract any portion of the work to be performed under this Agreement nor assign this Agreement without the prior written approval of the authorized agent of the County. The CITY shall ensure and require that any subcontractor agrees to and complies with all of the terms of this Agreement. Any subcontractor of the CITY used to perform any portion of this Agreement shall report to and bill the CITY directly. The CITY shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 13. COMPLIANCE WITH REQUIREMENTS OF THE LAW In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In entering into this.Agreement, the CITY, its agents, employees and any subcontractors of the CITY in carrying out the terms and conditions of this Agreement, agree to abide by the provisions of the Minnesota Governmental Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant thereto. 14. SUCCESSORS AND ASSIGNS The County and the CITY, respectively, bind themselves, their partners, successors,'assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither the County nor the CITY shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the other. 4 15. ACCESS TO PREMISES The CITY shall arrange access, as necessary, to work sites for the County for the purpose of verification of any requirements as described in this Agreement. 16. INDEPENDENT CONTRACTOR It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partner, joint venturers, or an association with the County and the CITY. The CITY is an independent contractor and neither it, its employees, agents, subcontractors nor representatives shall be considered employees, agents or representatives of the County. Except as otherwise provided herein, the CITY shall maintain, in all respects, its present control over the means and personnel by which this Agreement is performed. From any amounts granted to the CITY, there shall be no deduction for federal income tax or FICA payments nor for any state income tax, nor for any other purposes which are associated with an employer/employee relationship. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of the CITY. 17. NOTICES Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the CITY at its address stated herein, and to the authorized agent of the County at the address stated herein. 18. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. 19. AMENDMENTS The Parties agree that no amendments, alterations, variations, or modifications to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing and duly signed by the parties. The execution of the change shall be authorized and signed in the same manner as for this Agreement. 5 20. ENTIRE AGREEMENT It is understood and agreed that this Agreement and the attached Exhibit A constitute the entire Agreement of the parties and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the County and the CITY relating to the subject matter hereof. Any conflict or inconsistency between Exhibit A and this Agreement shall be resolved in favor of, and be governed by this Agreement. 21. TERMINATION This Agreement shall terminate under the following circumstances: a. By mutual written Agreement of the parties; b. By either party, with or without cause, giving not less than thirty (30) days written notice, delivered by mail or in person to the other party, specifying the date of termination; c. This Agreement shall automatically terminate without notice on December 31, 1997. 22. PROPERTY DISTRIBUTION Assets acquired in whole or in part with grant payments provided under this Agreement shall be the property of the CITY so long as said assets are used by the CITY for the purpose stated in Exhibit A. In the event the CITY discontinues use of the assets for said purpose, any remaining assets shall, at the County's discretion, either be returned to the County or sold, and the net proceeds of such sale returned to the County. 23. SEPARABILITY In the event any provision of this contract shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the contract to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 6 24. EQUAL EMPLOYMENT, NONDISCRIMINATION AND AFFIRMATIVE ACTION In connection with the work under this Agreement, the CITY agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this Agreement, the CITY certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and Affirmative Action Policy, attached hereto and incorporated herein as Exhibit B through both oral and written communications, that it supports this policy and that it will conduct its own employment practices in accordance therewith. Failure on the part of the CITY to conduct its own employment practices in accordance with County Policy may result in the withholding of all or part of regular payments by the County due under this Agreement unless or until the CITY complies with the County Policy, and/or suspension or termination of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF COUNTY OF SCOTT By: By: Bradley J. Larson, Associate Administrator SCOTT COUNTY Public Works & Lands Div. ATTEST: By: By: Allen J. Frechette, Environmental Health Manager SCOTT COUNTY Public Works & Lands Div. Dated: Dated: APPROVED AS TO FORM By: Thomas J. Harbinson, County Attorney 0:\WORD\SW\97CLN-UP.LRD 8 EXHIBIT A CITY OF SHAKOPEE 1997 Recyclable Material Collection Request For Funds Program Description For the past eleven years, the City of Shakopee has sponsored a Community Cleanup Day. This program has allowed Shakopee residents to dispose of miscellaneous junk at a cost substantially below the market rate. The City has typically absorbed a large portion of the disposal costs. Community Recycling and Cleanup Program In an effort to encourage Shakopee residents to be more responsible for the garbage that they create, the City has implemented a volume based refuse program. For the past seven years, the City has also charged a gate fee at the Community Cleanup Day. We have always successfully worked with Scott County to obtain funding to offset the cost of disposing of various materials collected. This year, the City of Shakopee would like to request $6,000.00 in funding assistance from Scott County for the City's Recycling and Cleanup Program. Consistent with previous years, the City would like to again place emphasis on the collection of recyclable items as opposed to junk. Shown in Attachment #1 is a pamphlet from the 1996 program which outlines the specifics of the City Recycling Cleanup Program. No major changes are being proposed this year. The pamphlet will be distributed to residents of the community. We have tentatively scheduled Saturday, April 26, 1997, as the date for the Community Cleanup Day between the hours of 7:30 a.m. and 12:30 p.m A$5.00 tipping fee will be charged for those vehicles which contain only recyclable materials. Grant Request The City of Shakopee would like to request that Scott County fund the program expenditures that relate to marketing the 1996 program, and the collection and processing of recyclable items (including batteries, yard waste, appliances, brush, scrap metal, and tires). A detailed budget outlining program cost estimates is provided in Attachment#2. The total grant request for the City Recycling Cleanup Program is$6,000.00. The City is projecting that the cost for disposing of refuse collected will be offset by the gate fees imposed on junk loads. Tami\Admin\Cleanup3 1 .4 EXHIBIT B II . POLICY STATEMENT It is the policy of Scott County Government to provide Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, including Minnesota Statutes Chapter 363 . . Scott County will not engage in any employment practices which discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Further, Scott County fully supports incorporation of nondiscrimination rules and regulations into contracts and will commit the necessary time and resources to achieve the goals of Equal Employment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal Employment Opportunity laws, directives and regulations of the Federal, State and local governing bodies or agencies thereof, including Minnesota Statutes Chapter 363, will be subject to appropriate contractual sanctions . Scott County has designated the Personnel Director as the manager of the Equal Employment Opportunity Program. These responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program, as required by Federal, State and Local agencies . The Scott County Administrator will receive and review reports on the progress of the program. If any employee or applicant for employment believes he/she has been discriminated against, please contact the Scott County Personnel Director, Scott County Personnel Department, Room 104, Scott County Courthouse, Shakopee, Minnesota 55379, or call (612) 496-8103 . AP/ 05-19-95 efr--/ - 05-19-95 Gary L unning 1 Date -ichard L. Unde / erth Date Scott County Administrator Chairman, Board of Commissioners /Y•C. I CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Authorize Hiring of Police Officer DATE: May 15, 1997 INTRODUCTION: The Police Department is requesting authorization to hire Craig Greenwald as a probationary police officer. This request was tabled by Council at their meeting on March 4, 1997. BACKGROUND: Detective Don Bisek retired on January 31, 1997. This action brought the number of sworn officers employed by the Police Department to 21. The 1997 Police Budget augmented by 2 COPS FAST grants contains funds to employ 22 sworn officers.. The Shakopee Police Civil Service Commission has conducted the necessary testing, established an eligible list for the position of police officer and has certified the names of the three candidates standing highest on that list. The certification of the top three candidates is attached to this memo. The 1996 Union Contract establishes$2,611.73/mo. as the starting wage for police officers. Craig Greenwald is the number one candidate on the eligible list. ALTERNATIVES: 1. Authorize hiring Craig Greenwald 2. Authorize hiring Leann Hrncir 3. Authorize hiring Abigail Hammond 4. Authorize hiring no one. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Authorize hiring of Craig Greenwald as a probationary Shakopee Police Officer at a monthly rate of $2,611.73 subject to the satisfactory completion of pre-employment medical and psychological testing and the customary 12 month probation period. CITY OF SHAKOPEE 1 / .C Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Huge, Fire Chief SUBJECT: Hiring of Fire Fighters DATE: May 14, 1997 INTRODUCTION: For approximately five (5)years Scott County Personnel Department has done the preliminary hiring screening for the Shakopee Fire Department. This service included advertising, sending out applications, and screening the applications and preparing a list of applicants that do not meet the criteria. With that list, First Assistant Terry Link informs the fire fighter candidate of the time and place for the physical agility test and oral interview. We then process the scores from this process and bring our recommendations for hiring to council. DISCUSSION: The Shakopee Fire Department would like to handle the entire hiring process for the following reasons. * In the past Advertising was done in a Chicago minority paper under help wanted. We do not feel this is necessary since we require starting persons be available for day time calls. Also this is a"part time volunteer"position that usually requires a person to be independently wealthy or have a full time employment. We understand this could be corrected by talking with the Scott County Personnel Department. * First Assistant Terry Link has several meetings with Scott County Personnel Department to set time lines and discuss other matters. Since Terry is taking his time anyway we believe it is more efficient to let Terry handle it in the first place. * Many of the applicants have questions; and Scott County Personnel must refer them to one of us. It would be just as efficient to have us handle it in the first place. Many of the applicants have expressed the feeling of being"chased around". This also holds true for applicants that call city hall for applications,which are referred to Scott County. Volunteer Fire Fighter applicants are scarce and valuable,we believe we lose some good candidates because of this. * Lastly,the Shakopee Fire Dept. can supply the same criteria to the applicants as Scott County and document the whole procedure. We believe it may even cut down on the workload. In order to provide an additional view on this,we would be open to having someone from City Hall be involved in this process with us. BACKGROUND: This hiring procedure came about because the City was sued by an unsuccessful applicant when the applicant was not hired the first time. This was because the Fire Department had been using its 100 plus year old procedure of first application- first person on. Applications were date stamped at the post office and you were hired in order of post mark received. (We won the lawsuit). After that the City's hiring practice was formulated around other cities procedures and reviewed by past city attorneys. RECOMMENDATION: Discontinue the use of Scott County Personnel Dept. to screen Shakopee Fire Fighter applications and advertise for the position. Keep all of the other phases of the hiring practice as is. ACTION REQUIRED: Motion to discontinue the use of the Scott County Personnel Dept. to advertise and screen Shakopee Fire Fighter applicants,with the recruitment and selection to be done by the Fire Dept. and one representative from City Hall to be determined by the City Administrator. Mark Huge Fire Chief )y. C . 5, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill City Administrator FROM: Mark Huge, Fire Chief SUBJECT: Donation of Personal Water Craft DATE: May 14, 1997 INTRODUCTION: The Yamaha Corporation, along with South Metro Motorsports of Burnsville, has loaned the Shakopee Fire Department two (2)personal water craft. This loan program provides local rescue departments two new units every year. These water craft are lease back units from the previous year. DISCUSSION: The Shakopee Fire Department will use these craft as rapid deployment units for water emergencies on the river and our lakes. While we did not purchase these units, we did purchase a trailer to transport them for approximately $350.00. One requirement of the program is we must provide proof of insurance. We believe this type of loan program is the most cost effective way to improve water emergency response. If we find that these units do not provide increased efficiency we can decline the program at any time. Insurance on the two jet skis will run in the vicinity of$50 - $60 each. RECOMMENDATION: I recommend the City accept the loan of these personal water craft, and future participation in the annual loan program. Further,that the City add these to it insured vehicle list. ACTION REQUESTED: Accept the loan of two personal water craft vehicles, and add them to our insurance policy. Also we request the council send a letter of appreciation to South Metro Motor Sports of Burnsville for having Shakopee in the loan program. Mark Huge Fire Chief CONSENT C• CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Construction Change Order Procedure DATE: May 16, 1997. INTRODUCTION: The Council is asked to affirm a process for handling change orders during the upcoming fire station construction project. BACKGROUND: Invariably, during any construction project,there are situations which arise which were not anticipated, and for which changes to the contract have to be made. These changes may result in a net increase or decrease in the contract amount. The City Council is ultimately the authority on any changes. However, from a practical standpoint,the contractors can't be told to wait until a decision is made by the full Council. For that reason, staff usually gives tentative approval, and work proceeds until a formal change order can be put together. For engineering projects,the Council typically approves a 5%leeway above the contract price. In the case of the fire station,however,there should not be that many unforeseen changes that would significantly add to the price. Therefore, as long as the change orders do not cause the total project budget(including contingency)to be exceeded,that change order procedure should be workable. RECOMMENDATION: We recommend that staff be authorized to give working approval in the matters of change orders in the fire station construction project, as long as the total budget is not exceeded. Those change orders would then be brought back for formal consideration by the City Council at a later time. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize staff to give tentative approval to change orders in the fire station construction project, with the understanding that the project budget will not be exceeded, and that ultimate approval for change orders still rests with the City Council. ,11AACIAIALWI Mark McNeill City Administrator MM:tw T81403 CONSENT CITY OF SHAKOPEE , Memorandum � y. c . S' TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Structural Testing - Fire Station DATE: May 16, 1997 INTRODUCTION: The Council is asked to authorize the firm of McGhie and Betts to provide structural testing services for the new fire station. BACKGROUND: One of the separate professional services that must be provided for the fire station project is special structural testing. The needed testing services relate to earthwork, concrete, masonry, high strength bolts, and welding. Architect BKPV contacted three companies, and received the lowest bid from that of McGhie and Betts. With an added masonry test,their proposal is $5,354. BUDGET IMPACT: As shown in the May 14th letter from BKPV,the $5,354 is within the allowance provided for in the fire station budget. RECOMMENDATION: We recommend that the proposal of McGhie and Betts be accepted. ACTION REQUIRED: If the Council concurs, it should, by motion, accept the proposal of McGhie and Betts for special structural testing services in the amount of$5,364. ()V2`11 Lo Mark McNeill City Administrator MM:tw w��.? "� BKPVMay 14, 1997 Mr. Mark McNiel City of Shakopee 129 Holmes Street Shakopee, MN 55379-1351 RE: Shakopee Fire Station Special Inspections Proposal Review. Dear Mark: We have reviewed the proposals to provide the special structural testing services for the Fire Architecture Station. The proposals received were from McGhie & Betts, Braun Intertec, and Construction Engineering Laboratory. Interior Design The quotes from the companies are as follows: Braun: $7,354.00 Construction Engineering Lab $9,465.00 ng ,ee. McGhie& Betts $5,129.00 Our recommendation is for the City to hire McGhie& Betts to provide the services. Their price was the lowest and they are qualified to do the work. We have worked with them on the New Prague Publics Work facility. The price should be adjusted to add an additional masonry prism test as provided for in the documents. This would increase their proposal to$5354.00 The project has a budget allowance for the special testing services of $9,500 so that this proposal falls within our allowance. If you agree with us, please sign the proposal and forward to McGhie and Betts. We would like to get them started on the project as soon.as we can. Since ly, gr. 4,• Paul Mickelberg Project Manager cc: Marvin Athman akopee Fire Department File I:\proj\sf5\b\2-pm5 222 N.2nd Street Minneapolis Minnesota 55401 612.339.3752 Fax:612.339.62 12 Roar n;,n.AIA David R.Kroos.AIA Peter J.Pfister.AIA Gary J.Vogel.AIA BOARMAN • KOOS • PFISTER • VOGEL & ASSOCIATE Shakopee Fire Station#2 Scope of Work/Cost Estimate April 4, 1997 - Page 2 Fees We have prepared the attached cost estimate based upon our understanding of the project and the plans and specifications available. Our fees for these services will be charged on an hourly or unit price basis. Invoicing will be monthly in accordance with the attached Schedule of Hourly Rates and Charges. Changes in the number of tests or hours will affect the total cost of our services. Schedule McGhie & Betts is prepared to meet your project schedule. We anticipate coordination of the site services will be handled by you or a contractor and that we would be notified when tests are required. Acceptance Please indicate your acceptance of this proposal by endorsing a copy of this proposal and returning it to us and retaining the original for your records. If you have any questions, please contact Barry Hentz at 507-645-0964. McGhie & Betts appreciates the opportunity of being considered for this project and we look forward to providing our services to you. Very truly yours, McGHIE & BETTS, INC. Barry J. Hentz Northfield Branch Manager Accepted by: Boarman Kroos Pfister Vogel & Associates, Inc. Authorized Signature Typed Name & Title Date was f � McGhie ' - � -nom� Inc.� i�•K�'�7/ Betts , '1 I Consulting Engineers Land Surveyors M' Planners 1648 Third Avenue S.E., Rochester, MN 55904 507-289-3919 Fax 289-7333 1188 Highway Three South, Northfield, MN 55057 507-645-0964 Fax 645-2842 April 4, 1997 Mr. Paul Mickelberg Boarman Kroos Pfister Vogel & Associates, Inc. 222 North 2nd Street Minneapolis, Minnesota 55401 Re: Special Structural Testing and Inspecting Services Shakopee Fire Station #2 MBI #N9001/N7154 Dear Mr. Mickelberg: McGhie & Betts, Inc. is pleased to present a proposal for professional services. This proposal will define our scope of work and provide you with an estimated cost for the project services requested. McGhie & Betts has a branch office located in Northfield, Minnesota, at 1188 Highway 3 South. This location makes us accessible to the project site and allows us to provide timely and cost-effective services for this project. Project Information We understand that this project consists of a two story structure totaling approximately 25,990 square feet. The two story structure will be a, slab-on-grade structure with frost footings, masonry walls, and steel roof joists and deck. We also assume that construction will begin this summer. Scope of Services We propose to provide special structural testing and inspections for this project. Our involvement on this project will include project testing services related to: 1. Earthwork 2. Concrete 3. Masonry 4. High Strength Bolts • 5. Weld Testing 6. Other Services A detailed proposal presenting the estimated hours or number of tests is attached. K.M.McGhie,P.E.,L.S. 1904-1975 William E.Tointon,C.E.T.President James E.Swanson,L.S.Vice President David L.Morrill,P.E.Vice President Douglas N.Betts,P.E.,L.S.Vice President Allan J.King,P.E. Larry J.Shannon,L.S. David F.Kramer,P.E. Mark E.Severtson,L.S. Michael E.Gowin,P.E.,L.S. Stephan C.Tufte,L.S. An Equal Opportunity Employer Shakopee Fire Station #2 Scope of Work/Cost Estimate April 4, 1997 - Page 3 Item Est. Hours Hourly or Est. Cost or Units Unit Rate 1. EARTHWORK Excavation/Observation & Report (Based on 8 16 hrs. $50/hr. $800.00 Trips) Proctors ASTM D1557 (Moisture-Density 6 hrs. $36/hr. $216.00 Relationship of Soil) (Based on 3 samples) Density Testing of Engineered Fill 20 hrs. $30/hr. $600.00 (Nuclear Gauge ASTM D2922/Sand Cone ASTM D155 ') (Based on 8 Trips) Nuclear Gauge Time (Based on 60 tests) inc. $15/hr. inc. Grain Size Analysis of Fill Mat. (ASTM D422) 2 hrs. $50/hr. $100.00 2. CONCRETE Compression Testing of 6" x 12" Concrete 60 cyls. $10/ea. $600.00 Cylinders (1 Q 7 Days, 1 G 28 Days, (incl. molds) 1 Spare) (20 sets of 3) On-Site Concrete Testing, Slump, Air, 24 hrs. $32.00 hr. $768.00 Temperature, Casting of 6'' x !2" Cylinders (ASTM C31) & Reinforcement Steel Observations (Based on 6 Trips) 3. MASONRY Compression Testing of Masonry Block Prism 1 Block $225.00/ea. $225.00 (ASTM E447) Prism Reinforcing Steel Inspection, Masonry Unit 18 hrs. $35/hr. $630.00 Placement, Grout Space Inspection (Tech. Time) (Based on 6 trips) Compression Testing of Masonry Grout (Core 6 cyls. $10/ea. $ 60.00 Fill) (2 sets of 3) (incl. molds) 4. HIGH STRENGTH BOLT&WELD INSPECTIONS High Strength Bolt Torque & Inspections 8 hrs. $35/hr. $280.00 (Based on 5 trips) Visual Observation of Field Fillet Welds & Deck 10 hrs. $40/hr. $400.00 Welds - 10% of Field Fillet Welds Magnetic Particle Tested. 5. Other Services Project Management 4 hrs. $50/hr. 200.00 Clerica 1 10 hrs. $25/hr. 250.00 TOTAL ESTIMATED COST $5129.00 it—"T, -11 • McGhee % r+ Betts, Inc. Consulting Engineers , Land Surveyors Planners 1648 Third Avenue S.E., Rochester, MN 55904 507-289-3919 Fax 289-7333 1188 Highway Three South, Northfield, MN 55057 507-645-0964 Fax 645-2842 April 4, 1997 Mr. Paul Mickelberg Boarman Kroos Pfister Vogel & Associates, Inc. • 222 North 2nd Street Minneapolis, Minnesota 55401 Re: Special Structural Testing and Inspecting Services Shakopee Fire Station #2 MBI #N9001/N7154 Dear Mr. Mickelberg: McGhie & Betts, Inc. is pleased to present a proposal for professional services. This proposal will define our scope of work and provide you with an estimated cost for the project services requested. McGhie & Betts has a branch office located in Northfield, Minnesota, at 1188 Highway 3 South. This location makes us accessible to the project site and allows us to provide timely and cost-effective services for this project. Project Information We understand that this project consists of a two story structure totaling approximately 25,990 square feet. The two story structure will be a, slab-on-grade structure with frost footings, masonry walls, and steel roof joists and deck. We also assume that construction will begin this summer. Scope of Services We propose to provide special structural testing and inspections for this project. Our involvement on this project will include project testing services related to: 1. Earthwork 2. Concrete 3. Masonry 4. High Strength Bolts 5. Weld Testing 6. Other Services A detailed proposal presenting the estimated hours or number of tests is attached. K.M.McGhie,P.E.,L.S.1904-1975 William E.Tointon,C.E.T.President James E.Swanson,L.S.Vice President David L.Morrill,P.E.Vice President Douglas N.Betts,P.E.,L.S.Vice President Allan J.King,P.E. Larry J.Shannon,L.S. David F.Kramer,P.E. Mark E.Severtson,L.S. Michael E.Gowin,P.E.,L.S. Stephan C.Tufte,L.S. An Equal Opportunity Employer Shakopee Fire Station#2 Scope of Work/Cost Estimate , '` '' April 4, 1997 - Page 3 Item Est. Hours Hourly or Est. Cost or Units Unit Rate 1. EARTHWORK Excavation/Observation & Report (Based on 8 16 hrs. $50/hr. $800.00 Trips) Proctors ASTM D1557 (Moisture-Density 6 hrs. $36/hr. $216.00 Relationship of Soil) (Based on 3 samples) Density Testing of Engineered Fill 20 hrs. $30/hr. $600.00 (Nuclear Gauge ASTM D2922/Sand Cone ASTM D1556) (Based on 8 Trips) Nuclear Gauge Time (Based on 60 tests) inc. $15/hr. inc. Grain Size Analysis of Fill Mat. (ASTM D422) 2 hrs. $50/hr. $100.00 2. CONCRETE Compression Testing of 6" x 12" Concrete 60 cyls. $10/ea. $600.00 Cylinders (1 Q 7 Days, 1 @ 28 Days, (incl. molds) 1 Spare) (20 sets of 3) On-Site Concrete Testing, Slump, Air, 24 hrs. $32.00 hr. $768.00 Temperature, Casting of 6' x !2" Cylinders (ASTM C31) & Reinforcement Steel Observations (Based on 6 Trips) 3. MASONRY Compression Testing of Masonry Block Prism 1 Block $225.00/ea. $225.00 (ASTM E447) Prism Reinforcing Steel Inspection, Masonry Unit 18 hrs. $35/hr. $630.00 Placement, Grout Space Inspection (Tech. Time) (Based on 6 trips) Compression Testing of Masonry Grout (Core 6 cyls. $10/ea. $ 60.00 Fill) (2 sets of 3) (incl. molds) 4. HIGH STRENGTH BOLT&WELD INSPECTIONS High Strength Bolt Torque & Inspections 8 hrs. $35/hr. $280.00 (Based on 5 trios) Visual Observation of Field Fillet Welds & Deck 10 hrs. $40/hr. $400.00 Welds - 10% of Field Fillet Welds Magnetic Particle Tested. 5. Other Services Project Management 4 hrs. $50/hr. 200.00 Clerical 10 hrs. $25/hr. 250.00 TOTAL ESTIMATED COST $5129.00 vs., tr. . MSqa; /y. 5. 1. MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk I SUBJECT: Apportionment of Special Assessments for Samantha Woods DATE: May 12, 1997 INTRODUCTION: Attached is Resolution No. 4671, which apportions existing special assessments against newly created lots located within Samantha Woods. BACKGROUND: Prior to the platting of Samantha Woods, the original two parcels had special assessments against them for sanitary sewer and water services and for curb and gutter along CR-16 east of Marschall Road in the amount of $7, 543 .45 for parcel #27-905005-0 and $3,416. 12 for parcel #27-908028-0. Now that the parcels have been subdivided into smaller lots as a result of platting, it is necessary to apportion these assessments against each of the new lots. Resolution No. 4671 apportions the existing special assessments against the newly created lots within the plat of Samantha Woods. The developer has been advised of this proposed apportionment. RECOMMENDED ACTION: Offer Resolution No. 4671, A Resolution Apportioning Assessments Among New Parcels Created As A Result of the Platting of Samantha Woods, and move its adoption. 4111 wolAVA eP +(-,, Clerk h\judy\appmemo TIA3t‘,),301 RESOLUTION NO. 4671 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF SAMANTHA WOODS WHEREAS, on December 3 , 1996, Resolution No. 4567 adopted by the City Council levied assessments against properties benefited by the installation of the CR-16 sanitary sewer and water services between CR-17 and CR-83, Project No. 1994-11; and WHEREAS, on November 19, 1996, Resolution No. 4568 adopted by the City Council levied assessments against properties benefited by the installation of construction of curb and gutter from CR-17 to approximately 1, 000 feet east of CR-83, Project No. 1995-3; and WHEREAS, a two tracts of land benefited by the said improvements, known as parcel numbers 27-905005-0 and 27-908028-0, have been subdivided into the plat of Samantha Woods; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against these parcels because of the platting of Samantha Woods. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1997 payable remaining balance of assessments (to parcel 27-905005-0 is $6,956, 20 for the 1994-11 Project and is $587.25 for the 1995-3 Project and to parcel 27- 908028-0 is $3, 065. 12 for the 1994-11 Project and is $351.00 for the 1995-3 Project) is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Numbers 4567 and 4568 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. , Mayor , City Clerk h\judy\appsaman EXHIBIT A Assessment Reapportionment for Samantha Woods P.I.D.NO. OWNER LEGAL 1994-11 1994-11 DESCRIPTION ASSESSMENT ASSESSMENT 27-223001-0 John J and Jane C Dubois LOT 1 BLOCK 1 $2,505.33 $234.56 1305 6th Avenue W SAMANTHA WOODS Shakopee,Mn. 55379 27-223002-0 John J and Jane C Dubois LOT 2 BLOCK 1 $2,505.33 $234.56 1305 6th Avenue W SAMANTHA WOODS Shakopee,Mn. 55379 27-223003-0 John J and Jane C Dubois LOT 3 BLOCK 1 $2,505.33 $234.56 1305 6th Avenue W SAMANTHA WOODS Shakopee,Mn. 55379 27-223004-0 John J and Jane C Dubois LOT 4 BLOCK 1 $2,505.33 $234.56 1305 6th Avenue W SAMANTHA WOODS Shakopee,Mn. 55379 Total= $10,021.32 $938.25 /'/. E. 2 . CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, FROM: Gregg Voxland, Finance Director SUBJ: 1998 Budget Calendar DATE: May 15, 1997 Introduction Council is asked to approve a tentative calendar of events for the 1998 budget process. Background Attached is a tentative proposed 1998 budget calendar. Some dates will be modified as Council's schedule unfolds and as developments warrant. Of course, Council can change the meeting dates as desired. The Five Year Capital Improvement Plan (CIP)for construction projects is already underway. It is planned that Council will complete the CIP review in June so that departments can use that information to help plan their operating budget for the next year. Projects in the CIP for 1998 will be built into the 1998 budget in the appropriate funds(capital projects funds, sewer fund etc.). The first council meeting on the operating budget is set for August 7th. Last year there was a May meeting intended to be a general background, orientation, idea, directional type meeting. Perhaps like this again would help to stimulate dialogue between Council and department heads on plans and service levels desired (i.e. more or less snow plowing or traffic patrol or park mowing, etc.) Staff has a lot of background information on many subjects. Council should feel free to call department heads for information. If a short meeting with individual Departments or on the budget in general is desired, such as before a council meeting, please contact the City Administrator. Would Council like to have a starting time for budget work sessions of 4:00 or 4:30? Are there any preliminary directions Council would like to give to staff before starting the operational budget other than the assumed goal of increasing taxes no more than what would be generated by new construction? Alternatives 1. A. Accept tentative budget calendar B. Modify tentative budget calendar 2. A. Starting time at 4:00 B. Starting time at 4:30 Action Requested Discuss and give staff direction. 1998 BUDGET CALENDAR TENTATIVE Date Who What May 20 Council Preliminary direction on budget plans, ideas, goals. June 10 Council Joint meting with Planning Commission and Park Board for CIP discussion July 2 Staff Budget request worksheets to departments July 25 Staff Budget worksheets due back to Finance from departments. Aug 1 State Receive Local Government Aid state aid figures. Aug 7 Council Worksession on General Fund budget. Aug 21 Council Worksession. Aug 28 Council Worksession. Sept 1 State Receive Homestead/Agricultural Aid state aid figures. County Receive tax capacity numbers(?) Sept 9 Council Worksession&meeting? Adopt proposed maximum tax levy Sept 15 Staff Certify maximum property tax levy to county which will be used for proposed property tax notices. Nov 15 County Proposed tax notices sent to property owners Dec 3 Council Hold actual property tax levy hearing. Dec 16 Council Adopt final tax levy and budget Dec 24 Staff Certify final tax levy. *Council can schedule additional dates for worksessions as needed. CITY OF SHAKOPEE I /, e. 3 . Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Capital Improvements Joint Meeting DATE: May 15, 1997 INTRODUCTION: The Council is asked to consider a joint meeting with the Park and Recreation Advisory Board and Planning Commission to consider the FY 1998 -2002 Capital Improvements Plan. BACKGROUND: Previously,the City Council has reviewed and adopted the five year CIP after the Park Board has individually considered its projects, and the overall plan has been reviewed by the Planning Commission for compliance with the comprehensive plan. Because it is a planning tool as much as a financial document, I believe there is merit in having all three groups review it simultaneously, so that interaction between the groups may take place. It gives the participants a more community-wide view of anticipated needs and development patterns. If the Council and the other groups are agreeable to this, I propose Tuesday, June 10th for such a meeting. Note that the document itself should be distributed the proceeding week, so that participants have a chance to review individual project sheets prior to the meeting. Staff members would be there to briefly go through individual project sheets. RECOMMENDATION: I recommend that a single joint meeting between the three bodies be held Tuesday, June 10th, beginning at 7:00 PM. ACTION REQUIRED: If the Council concurs, it should, by motion, set a CIP review workshop for Tuesday, June 10th, beginning at 7:00 PM, and invite the Park and Recreation Advisory Board, and the Planning Commission to be participants. Mark McNeill City Administrator MM:tw CC: Steve Johnson, Park and Recreation Board Chair Terry Joos, Planning Commission Chair 1ti E, y , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Hall Asbestos Removal DATE: May 15, 1997 INTRODUCTION: The Council is asked to authorize testing and preparation of plans and specifications for the removal of asbestos ceiling tiles in the basement of City Hall. BACKGROUND: Design work has been proceeding for the anticipated remodeling of the community room in the basement of the city hall building, for use by the Scott Joint Prosecution Association. The original plan for the SJPA remodeling included removal of portions of the ceiling, so as to accommodate 2' x 4' lighting panels. One item of which staff became aware during the design process is that the ceiling tiles in at least that room do contain asbestos fiber. According to an environmental consultant, if any work is to be done which would affect the ceiling tiles,no more then 3 square feet of them may be moved without environmental safeguards needing to take place. Each tile contains 4 square feet of area. It should be noted that if the tiles are not disturbed,they are safe to remain in place. BUDGET IMPACT: The asbestos testing service with whom I spoke, Legend Environmental Services, is the same one that did the asbestos testing for TKDA during the Blocks 3 & 4 demolition project. They state that to take samples for a room of that size, and put together specifications for removal, it would cost approximately $1,000. To test other areas of the basement would add "a couple of hundred" dollars, based on an hourly charge and$15 per sample. For budgeting purposes,they estimate $4.00 per square foot to remove. By our count, that room contains approximately 1.680 square feet, meaning an estimated cost in the vicinity of$6,700, plus testing fees. If other portions of the downstairs are to be abated,the price would go up accordingly. Funding for this would have to come from reserves or contingency,with a budget amendment to take place later. DISCUSSION: At the time of the remodeling of the present city hall building, an asbestos survey was done. However, after contacting former employees,the construction manager, and going through normally accessible files,those tests results cannot be found. The recollection of one former employee was that the ceiling tiles in a portion of the basement,probably the lunchroom, were replaced. However, it appears that new testing should be done in at least the community room. ft also appears that the rest of the basement should be tested to determine how many of the old titles exist. City office needs will grow so that at some future time,the community room will be needed for City purposes, and the SJPA will be caused to look elsewhere. It is unlikely that the cost of asbestos removal will go down when that remodeling is needed. Therefore, it makes sense to have the work done at this time. The SJPA budget for remodeling is extremely tight at$15,000, which includes design work. It obviously did not anticipate a significant expense like asbestos removal. I feel that, as a landlord, the asbestos abatement is something that the City should consider funding, and also get a survey done on other portions of the basement. RECOMMENDATION: So as to get an indication of the expense to be encountered, I recommend that Legend Environmental Services be hired to test the entire basement of City Hall,and to write up specifications for quotes to be solicited for at least the removal of the tiles. Once we have their information, it will be brought back to Council,with a recommendation as to whether to do only the community room, or remove all the asbestos ceiling tiles in the basement of City Hall. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the hiring of Legend Environmental Services to do asbestos testing in the basement of City Hall, and further to draw up plans and specifications for the solicitation of quotes for removal. Authorization to seek quotes would be considered at a future City Council meeting. %tato vitta v Mark McNeill City Administrator MM:tw