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HomeMy WebLinkAbout08/19/1997 TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF` SHAKOPEE,MINNESOTA AdjournedRegular Meeting Tuesday,August 19, 1997 1. Roll Call at 7:00 p.m 2. Approval of the agenda 3. Approval of July 15, 1997 minutes 4. Financial A:)App oval of Bills B.)Request from Shakopee 84 Partnership for payment S. Blocks.3 8c 4 Project A.)Order Public Hearing for 9/16 regarding the ground lease B.)Development Agreement Update C.)Clock Update • ;. 6. Workforce Development Center-Presentation by Jim Murphy and Jon.Albinson 7. FY'98 EDA Operating Budget 8. Schedule Work Session for rehab financial incentive program and related design guidelines 9. Informational Items Small Cities Development Program 10. Other Business: 11. Adjourn S OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN ADJOURNED REGULAR SESSION JULY 15, 1997 Members Present: Henderson, DuBois, Link, Zorn, and President Sweeney Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineering; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson and Steve Bubul, Kennedy & Graven, City Attorneys. 1. Roll Call President Sweeney called the meeting to order at 7:05 P.M. Roll was taken as noted above. 2. Approval of Agenda Mr. McNeill requested that, at the end of the meeting, the EDA recess to a closed session to follow the City Council Executive Session for the purpose of discussing pending litigation. Commissioners concurred. Henderson/Zorn moved to approve the agenda as modified. Motion carried unanimously. 3. Approval of June 17, 1997, Minutes Henderson/DuBois moved to approve the June 17, 1997, minutes. Motion carried unanimously. 4. Einancial a. Approval of Bills DuBois/Henderson moved to approve bills in the amount of$67.09 for the EDA General Fund and $7,244.00 for the Blocks 3 &4 Fund. Motion carried unanimously. 5. Probationary End-Paul Snook, Economic Development Coordinator Mr. McNeill explained that Mr. Snook has very satisfactorily completed his probationary period and recommend he be afforded full-time regular status. Official Proceedings of the July 15, 1997 Shakopee Economic Development Authority Page -2- Henderson/Link moved to recommend to the City Council that the probationary status of Paul Snook be terminated effective July 21, 1997, and that he be granted full-time regular status. Motion carried unanimously. 6. Public Input Session- Blocks 3 & 4 Proposal from the Scott County HRA President Sweeney explained that because this will be a public input session, we do not have to meet the requirements for a public hearing. Scott County HRA will present the Blocks 3 & 4 proposal without interruption. Questions from the City Council and the public will follow the presentation. Bill Jaffa, Scott County HRA Director, approached the podium and thanked the EDA and the City Council for the opportunity to present the proposed redevelopment for Blocks 3 &4. Economic preservation and future economic vitality, along with the historical significance, was considered in preparing the proposal. He explained that the City will own the land and maintain an ownership position in this project. A qualified master lease tenant has been identified. The overall pledge cap as identified in February remains unchanged. The HRA has increased its cash contribution. The total project cost of$8.5 million includes a reserve safeguard, taking into account any vacancy and lease short falls, should they occur during the normal lease-up projections for the project. In the worst case scenario, the City would only contribute what would be required in debt service to the project at that time. Kathy Aho, Springsted, approached the podium to present a financial overview. She said the important aspects, from a financial perspective, are the amount of retail space, a master lease so there are rental figures to use when calculating lease payments would be available. There will be 52 units ranging from $483 to $850. Ms. Aho said the total financing sources for the retail project are $3,275,000. Funding from the City would be in the form Gross Revenue Bonds, General Obligation funds, and an HRA Bond. The Scott County HRA would repay the HRA Bond with taxes generated from a special benefits tax levied across the county. Proceeds received from the borrowing will be invested and used for the project. A Gross Revenue Bond of $385,000 will be sold publicly. HRA Bonds supported by project revenues will be credit-enhanced by the City as an external obligation pledge of$3,240,000. Ms. Aho explained that in reviewing projects, expenses are examined to see that they are appropriate. The integrity of the financing and timing of revenue sources are also reviewed as well as protection against the bondholder, to see that there are adequate reserves. Official Proceedings of the July 15, 1997 Shakopee Economic Development Authority Page -3- A discussion ensued regarding tax recovery and the effect of a bond pledge on the City's rating. Ms. Aho explained that the City is not being asked to pledge bonds. However, if the project were to fail and/or the HRA did not cover payment of bonds, the City would need to financially cover the bonds. Mr. McNeill explained that Moody's was contacted regarding the $5 million in bonds being pledged by the City, and said they would be considered. However, it would not impact the rating at this time. Once a project is proven to be self- sufficient it is removed from the debt ratios. A discussion ensued regarding the background of the master tenant, the $5 million net worth of the master tenant, and their $250,000 assurance pledged to the project. Laura Ekholm, Miller & Schroeder Financial, Inc., underwriter for the project, discussed the master tenant's portfolio, listing other projects in which the master tenant has been involved. Frank Dunbar, Project Coordinator, explained that the master lease is only on the retail portion of the transactions, and the master tenant leases 100% retail space and provides that taxes will be paid on that. If they cannot lease it, they will pay 100% on the space. Prior to signing the lease, the master tenant is required to provide an accountant's certification that he is creditworthy with a networth in excess of$5 million. He explained that the four partners will personally be responsible for a total of$250,000. A discussion ensued regarding the $2.9 million already invested by the City into Blocks 3 & 4, and the $900,000 loan that was to be paid back at closing. There is no provision for the money to be recovered by the City. Mr. Dunbar explained that the land would remain under City ownership. After 30 years, the City could recoup their investment at the time the property is sold. A discussion ensued regarding the HRA Bond Levies. Barbara Portwood, Leonard Street & Deinard, Bond Counsel, approached the podium and explained the bond repayment order. The bonds would be paid by the revenues first, then from project reserves, and would then go to the City. The HRA is not making a guaranty with respect to these bonds. Having no further discussion, President Sweeney asked for public input. Gary Morke, 1042 Merrifield, approached the podium and asked what the benefit would be to the City. He said he could only see a liability. Cole Van Horn, 437 E 4th, approached the podium and stated that this is a $10 million project of which $3 million has been invested with another $6 million pledge and virtually no return to the City of Shakopee. He said options of looking for private developers have Official Proceedings of the July 15, 1997 Shakopee Economic Development Authority Page -4- been cast aside. He said private developers are not going to be interested without the cooperation, approval, and support of the City. He said there should have been input from the citizens as to what they want done and also said he felt the project should be marketed. Dave Forbes, 437 Shakopee Avenue E, approached the podium and said the project has not been marketed to private developers or looked at it from a marketing or City planning point of view. He said the responsibility of those involved is to look at what is good for everyone. He said he did not agree with senior housing downtown and questioned whether additional retail space would save the downtown area. He said he fears Shakopee becoming a bedroom suburb. In his opinion, he said the financials looked good but the project is a bad idea. Ed Dressen, 126 E 5th Avenue, approached the podium and said he felt the project was a good one. However, he said he was concerned that if the downtown was not re-established before the freeway system is totally established, the downtown would become a ghost town. He asked if the City puts money into other projects not expecting anything in return. Mr. Sweeney explained that the Community Center was funded with surplus Tax Increment funds. He added that those funds can only be used on certain projects. John Schroers, 1165 Shawmut, on behalf of the Tole Bridge, approached the podium and stated that for many years he has heard plans for downtown development with nothing being accomplished. He echoed Mr. Dressen's concern about decaying urban cores. He said a park would only be used for approximately four months and would not generate any income. He said he felt this project is the first viable proposal in a long time. Marge Henderson, 905 S. Holmes, approached the podium and stated that housing in the downtown area is the most historic concept. She also listed examples of government getting involved in development, stating that there must be stimulation of growth or in any place, or it will die. She said that while this project may not be perfect, she felt this is an option and hoped the Council would give it a lot of thought. Pat Schroers, Tole Bridge, approached the podium and stated that the City would get a keystone building, and a viable looking downtown that will encourage people to come in and the business community to grow. He said residential space downtown is a great idea and that while there may be some small details to address he hoped to see the project move forward. Duane Wermerskirchen, 2425 Emerald Lane, approached the podium and explained that he was on the design committee for this project. He said the downtown businesses wanted something historic in appearance that would stimulate business. They wanted all r Official Proceedings of the July 15, 1997 Shakopee Economic Development Authority Page -5- brick, flat roofs, and a skyway system. However, he explained that developers in the future would not likely agree to all the requests and would likely want something else from the City. He warned that if retail business moves out the downtown area it will become a warehouse district. Mark Miller, 1189 Jefferson Street, approached the podium and stated that questions to previously asked questions have not been answered. He said the City is at risk if housing does not work, and that he only sees the retail guarantee on a year to year basis. He sees no taxes to pay for residential services. A master tenant has been found and a decision has to be made within two weeks. He only received the figures four days ago. He said that he was opposed to rushing into something and that more answers are needed before making any decision. Gary Turtle, 132 1st Ave., approached the podium and stated he was in favor of the project, that he liked the exposure to the downtown area and did not feel that the downtown would die without the project. He said a 30 year fixed rate commitment is a long term commitment and suggested coming up with a price index for the City to have a better return. Mayor Henderson stated that while the financing is not what he had hoped for, he was in favor of the project. He discussed expectations and the purpose of the project, explaining that TIF funds are to be used for blighted areas and this is the most ideal use of those funds that he has seen. He said the expectation was to have a gateway to the City and a park will not accomplish that. A signature building was requested and public input was taken. Revitalization to the downtown area was another goal. While business is currently good, he asked how long it would remain that way. He discussed access and the poor quality of the soil downtown, which is mainly bedrock. The HRA came forward as a developer and now has a tenant to lease 100% of the space. Mayor Henderson said that if this option fails, no private developer will get financing. He said the downtown has been discussed for 30 years. While he is not completely pleased with the outcome of the financing for this project, he is willing to accept some risk and recommended moving forward to a developer's agreement. In response to a question from Commissioner Link as to why the City is exposing itself to so much risk, and why half of the project cannot be done to see if it works, Mr. Jaffa explained that scaling back the project was considered and that it does not work. There is a scale of economy involved. Mr. Jaffa stated that with the City backing the bonds, there will be a better interest rate which makes the project more viable. Official Proceedings of the July 15, 1997 Shakopee Economic Development Authority Page -6- Frank Dunbar approached the podium and explained that there is not a dollar for dollar savings in doing one block because of the size of the building and the return. He said with less revenue and proportionally greater costs, it does not work to scale the project down. Commissioner DuBois stated that when the project was first proposed that she thought that it would be a good project, but as it has developed, she is less impressed. She does not see an up-side for the City, only a down-side. The only way she would support the project is to have the voters decide. She feels that the risk is too high. Commissioner Zorn summarized attempts to revitalize the downtown over the past 30 years. Each time it gets close, something kills it. He stated that we are at a crossroads. He supports the project. Zorn/Henderson moved to direct staff to finalize a developer's agreement with the Scott County HRA with the financial information presented (for the proposed development project for Blocks 3 and 4). President Sweeney expressed his concern with the figures as presented. A discussion ensued regarding the master tenant and the risk to the City. Motion failed 3-2 with Commissioners Zorn and Henderson in favor. Zorn/Henderson moved to direct staff to review the financial information with the Scott County HRA and Mr. Bubul to remove the level of uncertainty (on the proposed development project for Blocks 3 and 4). Motion carried unanimously. 7. Other Business There was no other business to come before the Commission. The meeting was recessed at 8:50 P.M. to the closed session at the end of the regularly scheduled Council meeting for the purpose of reviewing pending litigation. 8. Adiffi The meeting was re-convened at 10:54 P.M. No action was taken during the executive session. Henderson/Zom moved to adjourn. Motion carried unanimously. The meeting was adjourned at 11:55 P.M. 20C dith S. Cox, gDA Secretary Esther TenEyck, Recording Sec'y. 4L4 CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: August 14, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 project for the period 08/01/97 to 08/14/97 . Action Requested Move to approve bills in the amount of $223 . 89 for the EDA General Fund and $8 , 899 . 30 for the Blocks 3&4 Fund. E• o 0 0 o O 0 0 0 O O O O II H 0 0 0 0 0 0 0 0 0 0 0 0 II O . • . . . II W 0 0 0 0 o o 0 0 0 0 0 0 II P4 0 o rn 0 m 01 01 0 0 0 0 o rn N W N Oo CO CO 01 d' M M M H H N M M m m m N W 01 01 01 M GQ N 01 N N N CO H CO 01 01 N W HNNN N W CO CO CO H O N H CO CO CO 01 H u W CO II Z ›. a xxx ax Cn0 a 000 HO O CO H M 1.0 CO N Cr N 1.(1 0 U1 Ll) Lf) d' 10 Cr. •14 C d' Ln TY' W O O O 0 O H a' O O O O O a H 0 Cn a ,- co• A 4KC a ZZ O 0 0 Z 0 H H E-' ZH CI) CO axz ww awa as O a a a s >' Hx Z Z D 4 H rn 0 CQ C.) K4 0 E-1 • <r H WHCE!) 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HHH E1 H * Cl. c* H H * * f CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook, Economic Development Coordinator SUBJECT: Request for payment of Rehab Grant by Shakopee 84 Partnership DATE: August 12, 1997 Introduction and Background: Shakopee 84 Partnership (owner of the "Tom Thumb" strip shopping center) entered into a rehabilitation grant program agreement for a grant in the amount of$18,436.37 which had been approved by the EDA at its May 6, 1997 meeting. The grantee now wishes to close out the grant transaction, and has submitted an invoice in the amount of$18,436.37. Copies of the grantees invoice and lien waivers are attached to this memo for the EDA's information. Staff examined the subject property and found the agreed upon work to be complete. Budget Impact: $18,436.37 from the EDA fund. Action Requested: Offer and pass a motion approving the attached rehab grant claim. ft/10r Paul Snook Economic Development Coordinator sh84pymo.doc H J DEVELOPMENT 6124987616 P. 01 H J. DEVELOPMENT; L.L.P. --�- -•_.. COMMERCIAL REAL ESTATE MANAGEMENT AND DEVELOPMENTfT August 13, 1997 Paul Snook City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 Dear Mr. Snook: Attached are copies of the Proposal and Change Orders from Sullivan Constriction. I am enclosing a Lien Waiver for a portion of the total amount due to Sullivan for the project. I will forward the final Lien Waiver upon completion of the additional items we have added to the project. Also, enclosed are copies of the Proposal, Statement and Lien Waiver from DeMars Sign, Inc. for the neon. I believe you already have copies of the information for the rendering. I have also attached an Invoice for the City of Shakopee in regards to the Grant Funds. I will call you to confirm you received the information. If you need additional information, please do not hesitate to call. I will be out of the office on Friday and Monday and would like to get this going before I leave. Thank you for your assistance. Sincerely, Jennifer Altendorf Manager, Shakopee'84 Partnership,LLP cc Mr. Jerry Hertel Post Office Box 110 • Delano, Minnesota 55328 (612)498-7616 l NIMMENIINIMMIIIMMI H J DEVELOPMENT 6124987616 P. 02 J. DEVELOPMENT; L.L.P. - -- =•.--. COMMERCIAL REAL ESTATE MANAGEMENT AND DEVELOPMENT DATE: August 13, 1997 FROM: Shakopee'84 Partnership, LLP PO Box 110 Delano, MN 55328 TO: City of Shakopee REFERENCE: 572- 590 South Marschall Road Shakopee, MN Grant Funds Request AMOUNT DUE: $18436.37 DATE DUE: Upon Receipt Post Office Box 110 • Delano, Minnesota 55328 (612)498-7616 J. L. SULLIVAN CONSTRUCTION, INC. 4510 WEST 77TH STREET• SUITE 200 • EDINA,MINNESOTA 55435 • 612/835-2529 • FAX 612/835-1164 February 14 , 1997 Mr. Gary Janisch H.J. Development P.O. Box 110 Delano, MN 55328 Re: Refurbish Shakopee Center Dear Gary: Please consider this our proposal for the refurbishing of your center in Shakopee. This proposal is based on numerous site visits and the following. 1. Workers Compensation, Builders Risk and Public Liability Insurance - Included. 2 . Building Permit, Plan Check and State Surcharge Fee - Included. 3 . Mansard - The following is included: a. Remove existing mansard and soffit panels and dispose of. b. New soffit and mansard panels to match the Savage Center. c. The addition of the green metal panels to extend 24 ' on each end of the building. d. (1) large dormer similar to the Tom Thumb and (5) smaller dormers, all to include the white grids. e. Remove existing signs (reinstallation of existing or new signage by others) . f. Remove and replace top cap on building with new teal- colored top cap, (7) downtubes and cover overflows. 4 . Electrical - The following is included: 1 - new 200 amp, 3-phase house service. 3 - 25 ' poles, each with twin 400 watt metal halide fixtures. 2 - circuits to new pylon sign. 2 - metal halide fixtures, one at each end of building. 1 - wiring and hookup of a second sign. DESIGN/BUILD • GENERAL CONTRACTING SERVICES • CONSTRUCTION MANAGEMENT Re: Shakopee Center February 14, 1997 Page 2 Electrical (continued) Replace existing lights in the rear with walipacks and put on house meter. Rewire canopy fixtures to house meter. Circuits only for new neon. (We have not included the neon lighting. ) J. L. Sullivan Construction, Inc. proposes the above work for the amount of $68,289. 00. It is our opinion that the Tom Thumb and Cost Cutter doors do not need to be replaced. The following is our proposal to cut in new windows into the existing precast panels. 1. If (1) only, $1, 480. 00. 2 . If (2) only, $1,430. 00 each. 3 . If (3) or more, $1, 330. 00 each. The above quotations are based on the following: 1. There is minimal interior demo, i.e. , no benches, shelves or other items. 2 . No repairs nor patching is included. Each space must be looked at on an individual basis. 3 . No electrical is included. 4 . We have not anticipated any special reinforcement of the precast panels. The windows that we have installed in the past have varied in width to as narrow as 3 '-0". The width variation would probably have little impact on cost. As I understand it, the major reason for the variation was the load bearing capacity of the precast panels. Gary, we have enjoyed working with you in the past and would hope that this can continue. Your signature on the lines provided below will indicate your approval of the above and authorize us to proceed. If you have any questions please call me. in erely/�, hn L. Sullivan E -. Agreed accepted on - ' s DLL day of h� / /'// , 1997. dr By: ,1 `/ Its: Aia,M et P/i by (e r? /'L� ,- 5/Y -X7/rr `i-y z_ - H Jr DEVELOPMENT 6124987616 P. 07 J. L. SULLIVAN CONSTRUCTION, INC. 4610 WEST 77m STREET•STATE 200• EDIN.A,Mu'NEsoTA,65486 • 612/$35-2529• F'pX 612/836-1164 April 29, 1997 Mr. Gary Janisch H.J. Development P.O. Box 110 Delano, MN 55328 *** CHANGE ORDER #3 *** Re: Refurbish Shakopee Center Dear Gary: Please consider this Change Order #3 to our agreement dated October 17, 1996. 1. Remove and replace top cap on bulding with new teal-colored top cap, (7) downtubes and cover overflows. Add $ 2,200.00 Original Agreement $69,400.00 Change Order #1 $(4,755.00) Change Order #2 $ 1,444.00 Change Order #3 $ 2.200,00 Agreement to Date $68,289.00 Your signature on the lines provided below will indicate your approval of the above and authorize us to proceed. If you have any questions please call me. in erely, L. Sullivan JLS/amn Agreed d accepted 04 's )2- day of M , 1997. By: _ �-_ - Its: Pittler:— DESIGN/BUILD • GENERAL CONTRACTING SERVICES • CONSTRUCTION MANAGEMENT M J DEVELOPMENT 6124987616 P. 08 `. , J. L. SULLIVAN CONSTRUCTION INC. 4510 WEST 77T11 STREET•SunT 200•EDINA,MtrNNEsotA 55435 •012/835.2529•FAX 012/835.1164 June 24, 1997 Mr. Gary Janisch H.J. Development P.O. Box 110 Delano, MN 55328 *** CHANGE ORDER #4 *** Re: Refurbish Shakopee Center - Dear Gary: Please consider this Change Order #4 to our agreement dated October 17, 1996. 1. Add (1) 175 watt metal halide wall pack to the rear of the Tom Thumb tenant space. Add $ 375.00 2. Replace fascia panels at Cost Cutters damaged by signage relocation. Add $ 460 Total Amount of this Change Order $ 865.00 Original Agreement $ 69,400.00 Change Order #1 $ (4,755.00) Change Order #2 $ 1,444.00 Change Order #3 $ 2,200.00 Change Order #4 $• 865.00 Agreement to Date $ 69,1.54.00 Please call me if you have any questions. 4 O . d?T- Sinccerely, Dave Miller Agreed and ac• . - 0 on '27 "I day of -'L` , 1997. By: Its: ��^�� DESIGN/BUILD • GENERAL CONTRACTING SERVICES • CONSTRUCTION MANAGEMENT H J DEVELOPMENT 6124987616 P. 09 Th J. L. SULLIVAN CONSTRUCTION, INC. 4510 WE8T77Tx STREET•St=200•EotNA,MiNNESCxra 55438 •812/833-2329•Fax 612/835-1164 July 17, 1997 Mr. Gary Janisch H.J. Development P.O. Box 110 Delano, MN 55328 *** CwGB ORD CR #5 *** Re: Refurbish Shakopee Center Dear Gary: Please consider this Change Order #5 to our agreement dated October 17, 1996. 1. Install draft stops in mansard per building inspector. Add $ 275.00 2��'Add (1) additional pole at CO''tsouth entrance, (2) wallpacks 16 WS on the south wall of the t �.5 building and (1) wallpack on T d the north wall of the building. Add $ 4,195.00 tO ei ,-3 Delete Item 2. of Change 11 Y1 ye I�" Order #4. Deduct $ (490.00) D,SeTotal Amount of this Change Order $ 3,980.00 Original Agreement $ 69,400.00 Change Order #1 $ (4,755.00) Change Order #2 $ 1,444.00 Change Order #3 $ 2,200.00 Change Order #4 $ 865.00 Change Order #5 $. 3,980.00 Agreement to Date $ 73,134.00 Please call me if you have any questions. Sincerely, J. L. Sul ivan e AP a eed and acceetedjf9n this 24-17.1day of kJLLtAd , 1997. By: Its: YY4 DESIGN/BUILD • GENERAL CONTRACTING SERVICES • CONSTRUCTION MANAGEMENT H J DEVELOPMENT 6124987616 P. 10 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS N. B. It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE AC- CEPTED. I.This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners of co-partnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN 3. If payment is not in full to date,so state.SHOW UNPAID BALANCE.and strike out last three lines. 4.A receipt similar to this or legal waiver of lien rights will be required for all plumbing,heating and plastering material.etc. S.NO ERASURES OR ALTERATIONS MUST BE MADE. July 3 • /92LL. (Date) The undersigned acknowledges having received payment of ---- Sixty- six thousand, six hundred sixty-four and no/100 DOLLARS(S (Amount Paid) ial from H.J. Develop it in rtpayment of tName of Payor$ Mater all Materials and Labor (Kind or Material or abort by the undersigned delivered or furnished to (or performed at) - ` Shako•ee Center 590 ly z G1 t1�,rRoad Shakopee, Minneaiir .55.319„_ (Street Address or Least Description; and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. • Sulliva Construction inc. PLUMBING, HEATING and PLASTERING By L. Sullivan contractors must sign statement on reverse hereof President (Tinel Address 4510 W. 77th St. , Suite 200 Edina, MN 55435 H J DEVELOPMENT 6124987616 P. 01 RECEIPT AND WAIVER OF MECHANICS' LIEN RIGHTS N. B. It is important that the following directions be closely followed as otherwtto the receipt WILL NOT BE AC- CEP'rea 1.This is a LEGAL INSTRUMENT ants must be executed accordingly by officer,61 cOtpOt;e;ons and by partners of copartnerships. 2. It is important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN 3. It payment is not in lull to date,so state.SHOW UNPAID BALANCE.and strike out last three lines. a.A receipt similar to this or legal waiver of lien rights will be required for all plumbing,heating and plastering material.etc. S.NO ERASURES OR ALTERATIONS MUST BE MAL*. T August 14 , 19.. —. +Deur The undersigned acknowledges having received payment of One yhousat six hundred twee five and no!100__ --DOLLARS(.S 1.625.00 (Amount Paid) from H•J• Develvp. nt in full payment of Weals of Payor, Materials and Labor al! (Kind of Matcrtal or Labor, by the undersigned delivered or furnished to (or perforated all Shako ee Center .. ...� 590 Marschall. Road Shakopee, Minnesota 55379 IStreet Address or ktal t)ntcliVttoe) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' liens against said premises for labor, skill or material furnished to said premises prior to the date hereof. J. Sulliva Construe ionInc.. - PLUMBING, HEATING and PLASTERING �Y J `L. SnAlivan President; contractors must sign statement on reverse hereof (Trac t Address 4510 W. 77th St.,Suite 200 Edina, MN 55435 • 7671 Oate -(t4-g1 PagesP t0.C. Post-11e Fax Note i F t; � cif Lei • f f'VL ! 1YJYS �/oept.� 8 �; d�4• Phone S „4 ,/m216 `T fax* Fact (- -5-( _(f' 6124 = REMIT TC J DEVELOPMENT *MP ADDRESS) 4 s 7��' Ir V Sir. mum ) �! r�! 11570 Foley Blvd.NW 410-93rdAve.NW Goon Rapids,MN 55448 Goon Rapids,MN 55433 Shop: (812)7W-5545 INVOiCE NumstR ' INVOICE DATE FAX: (812)786-5520 Aug. 13. 1 9 SOLD: SHIP TMJ Development T°• 570? /Y)a sha//Rc P.Q. Box 110 Shakopee Center Delano . MN 55385 9/12/97 Install-3250 On Completio Scott . /24/97 4 ,4 . . _ : 1 1. Balance due O8 oevcae•d aeon for 4956 .00 491 .00 exterior of above location as Per estimate dated 2-24-97 . I Mnswitareate SUBTOTAL SHIPPING CHARGES 11/2%SERVICE CHARGE 4956.00 9� A NTS OVER PLEASE PAY C) 49.` 6.00 Thank You! 612-786-S520 MARS l RAO M SIGNS t, 201 P01 AUG 13 '97 10:2'- REtrE1PT AND WAIVER OF MECHANICS'LIEN RIGHTS111 NOT. A t Is Important that the following directions be closely followed as otherwise the receipt WILL (' 1.This Is a LEGAL INSTRUMENT and must be executed at0ordinply by officers of corporations and Li by partners of co-partnerships. 2.It la important that ALL the blanks be completed and that the AMOUNT PAID BE SHOWN. 13.if payment is not in full to date,so state.SHOW UNPAID BALANCE, nd stike out last three Mee. 4.A receipt similar to this or legal waiver of lien rights will be required for all plumbing,heating and plastering material,etc. tiffS.NO ERASURES OR ALTERATIONS MUST SE MADE. i il The undersigned acknowledges having received payment of 1 • IL. r r.- ' I A " 100 DOLS( "t 'S •.t ) i .�. I In full pa t of Sit A' e. • i antler L - by the undersigned delivered Ar furnished tQ{9r performed at) I4 t t i.ct • li (S'a Addressee ea • p .„) and for value received hereby waives all rights which icy liens!lensagainst said ,0 �may have been a0quirbd by the undersigned to file - an. L premises for labor,skill or material furnished to said premises prior t the date - •I. • I PLUMBING,HEATING,,,Qd a By -� �.° . P,lA3tE'(ttNQ ��� contractors must sign statement on reverse hereof _ Il. - - alta ._ .Ie. _.. . ---_-.-,_.,• Address �� g ua+7dt- wn------ taro�aaN-gym -•--- • - r rx.=•-=— �M�,,, A 'a'Si$ aata-ix4th r - ro - . - �fra,-N1Oala -alhi�aP :..w?.. -if RJB.:..11".-- J. _^+��.....�� - -. •-. � ._ .. -. __ - - -7J•-�..------. -_. WERNER JOHN PIPKORN Esse• viaNAMA AVE, ai lQ,MN.,65000-B1R.4 1-337• Mar. 11 , 1997 H,J. Development, L.L.P. \%0.1o0 Ar\ ` Delano MN �( 4,Ai INVOICE 1 Rendering in color of Shakopee Center, Shakopee Minn. $500 .00 I..t J p£'JELOPftet1T 51249137616 r = r 7671 Oates ! 'et l a°9a,' • poet-IV F: Qte �. , �.y�I f � f t r,�uf �� a • - _-•-... FormNo. 120 M ouuVauamuNYc\4o.t4Rt'._o* ae $ nit t _ RECEIPT AND WAIVER OF MECHA I,C'S LIEN RIGHTS Qd: __________ __, _71._19 Dat ,�, �– ap The undersigned hereby acknowledges receipt of the sum of$_-,_,.,,.:�_� -- r--.- _.-----.. ..""'...-__. CHECK ONLY ONE 1) 0 as partial payment for labor,skill end material furnished . 2) 0 as payment for all labor,shill and material furnished or to be furnished(except the sum of s _retainage or holdback) g) as full and final payment for all labor,skill and material furnished or to be furnished Ato the tdowing described real property:(legal description,street address or project name) `-__ signed to file or iions and for valuereceivedfor hereby waives all rights furnished to said real uired by the rp operty (only for record amount ip id if Bot 1 is ainq said real property for labor,skill or material rt,,,nLPd Anilvr�a for retainage shown if Doc 2 is checked).The undersigned affirms that all matetlat furnished by the undersigned has been paw r, a a subcontractars emixoyea cry sur tuuYrs�oast ila.t beta,yois 1"col, EXCEP` : . • NOTE:If this instrument is executed by a cor- _ poretion, it must be signed by an of elle ficer, and it executed by a partnership, f// � __ j it must be signed by a partner. c draw —� _.. - ,.,-..—,- -----., - "�---^--• , CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook,Economic Development Coordinator SUBJECT: Public Hearing regarding the ground lease to the Scott County HRA DATE: August 12, 1997 Introduction: A required next step in the Blocks 3 & 4 development process is for the EDA to order a Public Hearing regarding the ground lease to the Scott County HRA. Staff recommends placing the Public Hearing on the September 16th EDA agenda. Attached for your reference is the related draft Notice of Public Hearing. Action Requested: Offer and pass a motion ordering a Public Hearing for September 16, 1997 regarding the ground lease to the Scott County HRA for the Blocks 3 & 4 project. Paul Snook Economic Development Coordinator 341easmo.doc NOTICE OF PUBLIC HEARING ON PROPOSED LEASE OF PROPERTY NOTICE is hereby given that the Shakopee Economic Development Authority (the "EDA") will meet at the Shakopee City Hall, 129 South Holmes Street, Shakopee, Minnesota at 7:00 p.m. on Tuesday, September 16, 1997 to conduct a public hearing concerning lease of certain property by the Authority to the Scott County Housing and Redevelopment Authority(the "County HRA"). The property to be leased is described as follows: Blocks 3 and 4, Old Shakopee Plat,except the right-of-way for State Trunk Highway 101, City of Shakopee, Scott County (the "Property") The EDA and County HRA are proposing to redevelop the Property for housing and commercial uses. The EDA proposes to enter a ground lease with the County HRA, which will build the housing and commercial facility on the leased Property. The County HRA will own and operate the housing facility, and will lease the commercial facility to a master tenant for sublease to commercial users. General terms of the proposed ground lease and related master commercial lease are available to the public during regular business hours at the office of the City Administrator in City Hall. At the hearing the Authority will meet to decide if the leases are advisable. All interested persons may appear at the public hearing and present their views orally or in writing. Dated: f Date of publication} /s/ Judy Cox City Clerk City of Shakopee I S.78128362 SH235-2 45 , B CITY OF SHAKOPEE Memorandum TO: EDA FROM: Mark McNeill, Executive Director SUBJECT: Blocks 3/4 Development Agreement DATE: August 15, 1997 At this time,negotiations are continuing between the Scott County HRA and the EDA , for a development agreement for Blocks 3 and 4. It is expected that this document will be available for the EDA to consider at its meeting of September 2nd. It will contain in it many items which may otherwise be covered in the bond documents; the public hearing on the sale of bonds to be backed by the City,will be held by the City Council on September 16th. It is probable that the recommendation at the meeting of September 2nd would be to approve the development agreement, contingent upon the sale of bonds. The sale of bonds would take place only after the public hearing on September 16th. 1 i t Mark McNeill Executive Director MM:tw C , CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook, Economic Development Coordinator SUBJECT: Clock for new building on Blocks 3 & 4 -update DATE: August 13, 1997 • INTRODUCTION AND BACKGROUND: At the May 20 EDA meeting, staff reported on the Shakopee Downtown Council's interest in financing a signature piece/clock for the new building on Blocks 3 &4. The Downtown Council is still committed to funding the clock with an initial $7,000, and is willing and ready to solicit local service organizations and other businesses for additional fluids. The DT Council understands that they and/or some other source will have to be the primary financier of the clock since the current HRA/City of Shakopee financing scenario for the project is very tight. Staff has contacted the developer, Dunbar Development, to establish an estimated cost of a clock. In the attached outline, Dunbar presents two options, one with the clock constructed on the skyway structure, and the other with the clock over the elevator shaft. The estimates include structural work, added design costs, and a clock. Ongoing maintenance is not included in these estimates, and would need to be negotiated. A third option would be a freestanding structure. An example of this is the clocktower at the Oxboro Center in Bloomington,with an approximate cost$350,000 to $400,000. this option would be considered at some future date and not incorporated into the current financing and construction plans for Blocks 3 &4. The EDA needs to establish its preference. The clock mounted on the skyway would need immediate decisions so that engineering/architectural provisions can be added into the contract. A clock located on an elevator tower would be able to be added later. BUDGET IMPACT: The EDA would be asked to pay for the extra design costs as presented in the attached outline; $5,000 for option 1, and$2,500 for option 2. The DT Council and other sources would finance all other construction costs. More cost information will be available at the August 19th meeting. ACTION REQUESTED: First, determine what options preferred. Then, offer and pass a motion to pay for extra design costs associated with the clock so as to move this project forward. )(4.4.3,0_ .1A.0()Pt. Paul Snook Economic Development Coordinator 08/14/97 15:07 FAX 1 612 377 7089 DUNBAR DEVLPMNT Q002 AllG-13-199? 10'35 `' INFORMATION NEEDED REGARDING CLOG OPTIONS: Option ( veW' rval') Hard Costs (structural work,clock,clock controller): Added Design Costs: $5,00® I ' Option 2(Dir Elevator Shaf) Hard Costs (structural work,clock,clock controller): Added Design Costs: $2,500 r * *is it possible to send a rendering of Option 2 for 14 Downtown Council and Economic Development Authority to consider? WHEN COMPLETE,PLEASE FAX TO PAUL SNOOK,CITY OF SHAKOPEE®445-6118 ! } i � 1 } ! i 1 Document1/PCS TOTAL P.02 • ili i iii r. 1 E i i0 \ ..1 I; 111 -.5.- - .".......".'""...., 4* ....... hits ,' I t4 z c:, IItI . till •I' e"' ^+• 'r tis>.� . , .. .:, ____..... ,,,,,,. ..-„ — . -,,s,s,, -,.„,,,,,.. . „.„ ii '- - ! 4 h - - „, is ,::::\.:\.. .. :1 IiII 11 Nor EMI • • t '' f„,,,r MIS. I1IREIil �, \:. --... ...- :',:',,,Z.- - -`,N ..;ice,. cE iv fat , 74 1111I' A. tuMilt LII ., iii = . In vf .....�1 1 i 4 1 . • £OO LA ZNiid1AdU IMINIlQ 680L La ZT9 T XVd LO:5T L6/fT/80 • • St C f ,.. ,,„,, ,• - ,4,, ,,:-.•,- •,;',.,,' ,..'.1 -i•:-'';'''',,Y, ' c:;:, 1 ir. • - ••• 4•i :" ',iv,i-V'4,ik. ' ''s ''w., •,,,• :',T.".1' %.4.`-4f. ,'4."..:Z.!;,4!:'1/4. '146 • . it. .,' • ';',,,.' • '•i t w "e,. N,.„, , , A sir C........'. .t t 1 ''' . • ' ' 'rs e A,i,,...,,it- Ailiwt,c4,4:4 ,- .-- - ,, - ....-•,,,-,,,„:,...,,,,!..! *•44 ,A7,-,1,11 ,./ ',,,';',)+4',Ifft0j .';'i,a it' 4 • '7 l'\,'S. ;.,.*0:It •tii,1„,.., "4 • • , . '1/4, I.F,,,4._,,t 11111 .% +;,./i„.v 4 4,.v);,/' i',.. a,, • 4) 'e•;',":-. IA.'..-'4::',. . ..A.'417'1L' 01.., , lit1 ::, t ,,,,;%" ii 4; q v f' .. • f r,.. , t#1 ' , • . • , • , ii 4.110 ,,4 i, * Mir '!);AIN .1' • -I. • . ( . a tl, ;!'1;:'O -'''jr• it-,i • is ! ma . i •, 4 ,,, ,,,, ,.. ,,, ,,,, "Is I mazie4!,110, ,•,__,,,,.. litigrvit; 0, .ii- . ;:'::,:f•!!'•,, - : V, — 'At, °. ltr 111 trl c% p• • NI ,t• C.., ,.. , • • ' '' ' '',,\, .. • . t• Q " 9 -,an, , , • g 1 it , Mt rr 2 - . inue AI a .1 . a cN In: ...4 • _L ft --,.iiii,. iiii: ...,, P +-...: t: no.., .,• yaki 0 , 11/11111111111111a • • • . ,e,-. s, ' i \ N, e % ...AL 4.-1 t. i.......t---p-At-c- /, ,... ..,.....kV, tOOZ ImucriAaa NiffINfla 8ROL LL£ ZT9 I WA 80:gT L6/II/ 0 4 08/15/97 13:31 FAX 1 612 377 7089 DUNBAR DEVLPMNT Ij002/005 ......._............_.-.. . .. P.02 AUG-13-199? 1 6-', 1-1‘. 5. iINFORMATION NEEDED REGARDING CLOCt OPTIONS: 1 OPtiata.021trS 1 Hard Costs $35,000 (structural work,clock,clock controller): IAdded Design Costs: $5,00 1 ` 1 Hard Costs ` (structural work,clock,clock controller): 22.. +_—_ s 2222 Added Design Costs: $2,500 I renderingof Option 2 for th Downtown Council and Economic � * *Is it possible to send a Development Authority to consider? I WHEN COMPLETE,PLEASE FAX TO PAUL SPOOK,CITY OF SHAKOPEE @ 445-6718 tr i i 1 11 11 '1 ti 1 j I i I` I 1 t i 1 I 1 ' i 1 1 i 1 1 1 1 ©1 14u,,,prtrres I1 1 } y TOTAL P.02 08/15/97 13:31 FAX 1 612 377 7089 DUNBAR DEVLPMNT lI003/005 ina KRAUS-AND RSON,CONSTRUCTION COMPANY 11 CONTRACTORS&CONSTRUCTION MANAGERS August 15, 1997 Mr. Tom Dillon Dunbar Development Corporation 5000 Glenwood Avenue Suite 200 Minneapolis MN 55422-5146 Re: Shakopee River City Centre Shakopee MN Dear Tom, Per your request we have reviewed the clock tower sketch dated August 14, 1997 provided to us by SMMA. Kraus-Anderson recommends that you should allow $30,000 to$35,000 to build this clock tower. Our budget estimate assumes a$5,000 unit price per clock. We also reviewed your alternate placing the clock above the elevator. In our opinion the difference is minimial. If you have any questions concerning the above information please feel free to call. If you have any questions please call. Very truly yours, . , r�' ' ON ONSTRUCTION COMP Jo n • berg +i David H. Rollin/ Project Manage/ Vice President fjkg / • Minneapolis Division 525 South 8th Street,Minneapolis,MN 55404 =T� Phone; (612)332.7281 FAX:(612)3324739 2,d �VfM9 ��-51 ?1 Wdb2:20 2.6. S CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Workforce Development Center DATE: August 13, 1997 Introduction: Jim Murphy of Shakopee Public Schools, and Jon Albinson of Valley Green Business Park will be presenting a Workforce Development Center concept to the EDA. At some point in the future,the EDA may be asked to assist with the development of this project. Background: In early 1996, the Scott County Economic Development Coalition (SCEDC) and area manufacturers identified concerns about the Scott County labor pool; specifically employers' increased need of higher-skilled workers, and the general lack of workers in Scott County possessing these needed higher skills. As a result, the SCEDC commissioned the University of Wisconsin at Madison - Extension to conduct a labor market conditions study. The study confirmed the skill deficiency problem. The Executive Summary of the study is attached for your information. For the last year, a steering committee comprised of representatives from SCEDC, Shakopee School District, local manufacturers, Valley Green Business Park and the cities of Shakopee and Savage have been discussing the establishment of a Workforce Development Center to deal with the skill deficiency problem. The center would be a joint effort between business, education and government, with the purpose of developing cooperative training projects that provide training for new jobs and or retrain existing employees. Action Requested: No action requested at this time. This is an informational item. Paul Snook Economic Development Coordinator wdctrmmo.doc Shakopee School Board Superintendent Robert J. Ostlund S piKopEIE Kathy Busch, Chair Principal:James Murphy Robyn Wolfe, Vice Chair Assistant Principal: Barbara J. McNulty PUBLIC SCHOOLS Jessica Geis, Clerk Todd Anderson,Treasurer Senior High School Lori Gillick, Director Anne Tuttle, Director Janet Wendt, Director 7/1/97 Mr. Robert Sweeney, Chairperson Shakopee EDA 506 So. Holmes Street Shakopee,MN 55379 Dear Mr. Sweeney: In April of 1996, a group composed of manufacturers, a developer and the high school principal started meeting to discuss ways that we could work together to improve the workforce in Shakopee. The idea that has evolved over the last year is a Workforce Development Center.We would like to request twenty minutes on your July 15 Agenda to discuss the possible development of A Workforce Development Center in Shakopee. The development center concept would: • Bring together the talents of local,regional and state governments • Attract businesses to Shakopee • Help retain existing businesses • Demonstrate government efficiency to area citizens The purpose of the discussion is informational.The project would be a benefit for Shakopee. As the project evolves the city and the EDA may be asked to lend support. Sincerely, fir( Jon Albinson Jim Murphy I cc: Paul Snook,Economic Development Director 200 East Tenth Avenue, Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTAL ASSOCIATION (612)496-5152 • fax: (612)445-3268 AN EQUAL OPPORTUNITY EMPLOYER 416 LABOR MARKET CONDITIONS IN SCOTT COUNTY' GARY P. GREEN DEPARTMENT OF RURAL SOCIOLOGY UNIVERSITY OF WISCONSIN-MADISON/EXTENSION MADISON, WISCONSIN 53706 PHONE: 608-262-9532 FAX: 608-262-6022 E-MAIL: GGREEN@SSC.WISC.EDU MEGAN GALLAGHER DEPARTMENT OF RURAL SOCIOLOGY UNIVERSITY OF WISCONSIN-MADISON/EXTENSION MADISON, WISCONSIN 53706 MAY 1996 'The telephone interviews for this study were completed at the University of Wisconsin, River Falls. We appreciate the help of Larry Swain and Angie Hartle for their help in data collection. Finally, we would like to thank all of the Scott County employers and households who participated in the study for their cooperation. 4:1- 6 EXECUTIVE SUMMARY Fifty-six percent of the Scott County employers interviewed reported that they were facing difficulty in hiring qualified workers. When asked what types of employees they had difficulty recruiting, 47% reported skilled and technical positions, about 35% of the employers identified unskilled positions, and 18% said machine operators. When asked if qualified workers are difficult to retain in the Scott County labor market, about 30 percent said they are. The types of retention problems and reasons for them were very similar to the recruitment difficulties. Unskilled workers, machinists, drafters, welders and managers were identified as difficult to retain by ten employers. The average employer will hire six new workers in the next year due to turnover and six new workers due to expansion. We also asked employers to identify what types of jobs would likely open-up due to turnover and expansion. Although a wide range of jobs was mentioned, the overwhelming majority of positions opening up due to turnover and expansion are in assembly and production positions. None of the employers anticipate layoffs in the next year. The average hourly wage reported by workers is $15.03 per hour or$30,060 annually as the full-time equivalent. Commuters earn approximately 19% more than those who work in the county. One-half of the households in the county report_a 1994 gross income of less than $49,000. Almost a quarter of the respondents' households earn between $50,000 and $64,999. About 38% of the employers report that the skills they require have changed in the past three years, and 79% of those who thought skills have changed report that the skills have risen. About one quarter of employers report that social and verbal skills and problem solving skill needs have risen. Most of these changes-were attributed to increased use of computers and new technology in general. - x "°°v •z im t°411 tSERVICE CENTER FOR I�VORKFOR CE DEVELOPMENT MISSION STATEMENT z To provide opportunities for lifelong learning that are responsive to the changing needs of the workplace,family and community Beliefs of the Partners • The partnership believes that all learners must participate in a learning experience which is integrated, experiential, and prepares them for productive employment, responsible citizenship, and strong family formation. • The partnership believes that there must be a single system for connecting school and work-based learning which eliminates duplication of effort, utilizes the best available resources, and results in the creation of a total learning community. • The partnership believes that it is of the greatest importance to measure its impact upon participants, including learners, partners in the system, and utilize continuous improvement strategies and quality principles in order to do this. - 1 PARTNERSHIPS CARVER SCOTT ED.COOPERATIVE INDEPENDENT SCHOOL DISTRICTS COORDINATE SERVICES • BELLE PLAINE • PRIOR LAKE • PROVIDE CONSULTATION AND RESOURCES BACK TO PARTNERS • CHASKA ' SHAKOPEE JORDAN • WACONIA SCHOOL-TO-WORK REGIONAL NEW PRAGUE -WATERTOWN PARTNERSHIPS ' NORWOOD YOUNG AMERICA • Students 'Articulation • Consultants • Physical Resources BUSINESS COLLEGES • LAKE REGION • ANCHOR GLASS • UNIVERSITY OF MINNESOTA • FSI MEDALLION KIT. RIDGEWATER COLLEGE •• INSTANFLUORT WARE MAX.GRAPHICS CERTAINTEED INSTANT WEB,INC. MAX.G HENNEPIN TECHNICAL COLLEGE • LIFECORE BIOMED. ' SANOFI DIAGNOSTICS UNIVERSITY OF ST.THOMAS ' QUALI-TECH PASTEUR • SOFTSOAP ENTERPRISES •Articulation • Consultation • Company Labs • Curriculum • Certification/Accreditation Resources • Internship Mentoring •Employment CARVER&SCOTT COUNTIES SERVICES MANKATO REHAB.INC. CLIENT-WELFARE REFORM SUPPORT SERVICE FOR PEOPLE WITH ' INSTRUCTION!MONITORING SERVICE CENTER FOR DISABILITIES E.A.P.-MENTAL HEALTH WORKFORCE DEVELOPMENT • WORK PROCUREMENT • CO-FUNDED STAFF CONSULTATION • CLIENTS CARVER-SCOTT ASSOCIATIONS WORKFORCE CENTER • P.I.M. • M.M.P.A. • P.M.A. INTAKE/REFERRAL •ASSESSMENT • PLACEMENT • Consultation/Resources • UNEMPLOYMENT BENEFITS STATE&FEDERAL DEPTS.AND CENTRE FOR ASIANS AND OTHER ORGANIZATIONS PACIFIC ISLANDERS • CHILDREN,FAMILIES&LEARNING • DEPARTMENT OF ECONOMIC SECURITY CLIENT • DEPARTMENT OF TRADE&ECONOMIC CONSULTATION DEVELOPMENT TRANSPORTATION • DEPARTMENT OF HUMAN SERVICES • INTERPRETIVE SERVICES • MN JOB SKILLS PARTNERSHIP MN TECHNOLOGIES,INC. • Resource/Grants • Consultation • Program Approval SERVICES MANUFACTURING TECHNOLOGY SCHOOL-TO-WORK COORDINATION ACADEMY COMMUNITY SERVICE LEARNING ACADEMIC SKILL BUILDING I * YOUTH8UILD &ESL * YOUTHWORKS * LEGOS TO LITERACY CUSTOMIZED TRAINING *YOUTH&ADULT EMPLOYED/NON- 1 CONSULTATION&ORGANIZATIONAL EMPLOYED (INDIVIDUALIZED) DEVELOPMENT SERVICE CENTER FOR WORKFORCE DEVELOPMENT ENTREPRENEURSHIP TRANSITION COUNSELING,VOCATIONAL ASSESSMENT&CAREER EXPLORATION WORK EXPERIENCE VOCATIONAL PROGRAMS EMPLOYEE ASSISTANCE SERVICES COMPLIANCE MANAGEMENT YOUTH&ADULT APPRENTICESHIPS PRIMARY CLIENTS SERVED OUTCOMES * K-12 YOUTH ` ELIMINATION OF DUPLICATION ` WELFARE RECIPIENTS ` SYSTEMIZE OUR APPROACH TO- WORKFORCE DEVELOPMENT(Pre-K through • LIMITED ENGLISH PROFICIENCY YOUTH Adult) &ADULT • LOCAL ACCESS TO UPGRADE&DEVELOP * t ;EMPLOYED ADULTS WORKFORCE SKILLS ` CLEAR MENU OF SERVICE OPTIONS • CUSTOMIZED TO INDIVIDUAL - CLIENT - BUSINESS - AGENCY - SCHOOL ` FLEXIBLE SCHEDULING TECI NOLOGY IN 1� NUFACTURING ' An Integrated Approach to Learnino Academics,Work& Human Skills A Seamless System from Recruitment to Advanced Training j OUTCOME - I I DELIVERABLE PROVIDER v''',;n::::r I i 1 • � � i i raaaCoueae 1 , I a x = Srsem • ;. ` CNC Operation Training ! .. Ridgewater i ► ' Supervisory&Lead Training — CSEC ADVANCED TRAINING P.L.C. Training i ' Lake Region Manufacturing • - Mechanical Training ' Team Building ' Computer Software J JI ,�� t� 1 s ,gym,� -` art K fir- e s 1'.. ^ = ' Centre for Asians&Other Pacific - Problem Solving Islanders ' Consultation , ' Workforce Centers-Carver&Scott Conflict Resolution Counties JOB RETENTION Monitoring FOLLOW-UP& SUPPORT +f',�tC_ J J ?..- r r y. ' Centre for Asians&Other Pacific O Islanders - 50 Trainees PLUS ' Workforce Centers-Carver&Scott • Counties PLACEMENT ' Educational Partners LAKE REGION MANUFACTURING V-CStL J / 1 y � r , ' Manufacturing " ." t Fundamentals •e�t'� ,S=•:,,"---'. . ',ate:wa.... ` Computer Use Academic and ► ` Ridgewater College -- Language * Business Operations ' CSEC Development ' Blueprint Reading • Lake Region Manufacturing TRAINING Integrated * Safety/Health * Problem Salving I \ J T 1 3 JS 5 P "^V .i- `tr y.r t '" ' Centre for Asians and Other Pacific Islanders ' Clients Workforce Centers-Carver&Scott RECRUITMENT Counties ASSESSMENT CASE MANAGEMENT I \ J > 0 �c 4 R. 'V ^ t,.,,,t,.,,, ) ,nrt LaJ N.c G v ' p >v. a "a.. >-t1 N H G Cti.Dr- •,, c. , u uvNov - - v7ca O w U �• qnW 0co° 1)(15 — Ua, ^ N - CNM O TMilN brn,d O ' O ana 7." "N N E ru 5 v •E . m (DLi ° E cc, 8Qa ' coO y . o o= s y i v,. U y 4 , ' t!JmI1n .[ ' ^' pV-0O u" d,j - aLL wvC 4'' aO � .a(5in• ▪7• 3 .n OO El_p'y -' o OHppH .-0.ii ].v . 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NUa, CD a•z ,9 a, N pO pc'� 'w°yu0.HC (Ja) ..a) 0 " .n'b2.vv .xaux vvv, , 'Gccoa7a02 . c3/ O >` E > Qac mx o4 ,a ° >-1 1-' aaE � � 4gwai aiuE u, co E < i, .n co -v, E-, u a, 0 >�U ,--, xco Z o Tq ca,.c. 0 n0 441 SHAKOPEE EDA ,Memorandum TO: EDA Chairman and Commissioners Mark McNeill, EDA Director FROM: Gregg Voxland, Finance Director RE: 1998 Tax Levy And Budget Adoption Resolution DATE: August 14, 1997 Introduction and Background Attached is Resolution Number 97-8 which requests the Shakopee City Council to consent to the tax levy for the EDA and adopts the 1997 budget. The levy is $101,701 after reductions for HACA in the amount of $5,379 and no allowance for uncollectables. This is the same total levy as the past two years. The EDA could raise the levy to about $130,000. The exact number is not expected to be available until after 9/15/97. The proposed budget is attached with appropriations in the amount of $131,600. Other costs not included but borne by the General Fund of the City are utility costs, administrative overhead such as accounting and bill processing/payroll, publishing, postage, and other employees time on related issues. Some allowance ($12,000) has been made in the wages amount for charge-ins from Administration, Finance and Planning. The EDA needs to adopt a proposed maximum levy and budget amount by September 15 for certification to the County Auditor. That levy will be used for the tax notice mailed to property owners. Alternatives 1. Adopt resolution as proposed. 2. Modify amounts and adopt resolution. Recommendation - Discuss and give staff direction. If the levy and budget are acceptable, the action below is appropriate. Action Offer Resolution Number 97-8, A Resolution Requesting The Shakopee City Council To Consent To The Levy Of A Special Tax By The Economic Development Authority For The City of Shakopee And Adopting The 1998 Budget, and move its adoption. GA) icCf/1 regg oxland Finance Director n:\budget\budres98 - RESOLUTION NO. 97-8 A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT TO THE LEVY OF A SPECIAL TAX BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE AND ADOPTING THE 1998 BUDGET WHEREAS, the Economic Development Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 469 . 051 et seq. , as amended, and WHEREAS, Section 469 . 107 states that the governing body of the municipality may levy a tax at the request of the Authority, and WHEREAS, the By-Laws of the Economic Development Authority for the City of Shakopee provides that a budget be prepared on an annual basis, NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the Economic Development Authority hereby requests the City Council of the City of Shakopee to consent to the special tax levy of $101, 701 (after reduction for $5, 379 in HACA aid) to be collected 1998 by the Economic Development Authority for the City of Shakopee. BE IT FURTHER RESOLVED, that the attached 1998 General Fund Budget be approved with total appropriations in the amount of $131, 600 . Adopted in session of the Shakopee Economic Development Authority for the City of Shakopee, Minnesota, held this day of , 1997 . Chairman ATTEST: Executive Director EDA FUND 1998 BUDGET ACTIVITY: Activity includes the operation of the Shakopee Economic Development Authority. The EDA's mission is to enhance the quality of life in Shakopee by expanding and strengthening the local economy; broadening the city's job base and increasing its revenue base through facilitating the preservation, expansion, creation and attraction of quality businesses and related jobs. Implement strategies and administer various programs (grants, loans, etc. ) to accomplish above activities. Staff must maintain EDA records and prepare materials for policy decisions by Commissioners. The Commission is comprised of the Mayor and City Council. Section 469.107 of the Minnesota Statutes states that the governing body may, at the request of the authority, levy a tax in any year for the benefit of the authority. The tax must be not more than' 0.01813 percent of taxable market value. OBJECT DESCRIPTION: Description of lines items: Salaries: EDA Director, share of City Staff including City Administrator and Planning Director. Professional Services: Legal and other consultancy costs. Dues: Membership dues for professional economic development associations such as the American Economic Development Council, Economic Development Association of Minnesota, Mid-America Economic Development Association, and Council for Urban Economic Development. Conference/School/Training: Various conferences and training courses sponsored by professional economic development associations as outlined above. Miscellaneous: $45,000 Building Rehab account. CITY OF SHAKOPEE, MINNESOTA 1998 BUDGET EDA FUND BUDGET SUMMARY 1995 1996 1997 1998 Actual Actual Proposed Proposed Revenue Taxes $ 95,410 $ 110,565 $ 102,394 $ 101,701 Intergovernmental 5,404 4,711 5,379 5,379 Charges for Service Miscellaneous Interest 17,497 19,302 18,000 18,000 Miscellaneous - 935 Sale of Property Total Revenue 119,246 134,578 125,773 125,080 Transfer in Total Revenue and Transfers 119,246 134,578 125,773 125,080 Expenditures Personal Services 43,920 35,976 74,630 67,6-50 Supplies&Services 34,522 28,992 65,950 63,950- Capital 2,091 Total Expenditures 80,533 64,968 140,580 131,600 Excess(Deficiency) Of Revenues over Expenditures&Transfers $ 38,713 $ 69,610 $ (14,807) $ (6,520) Fund Balance December 31 330,170 399,780 384,973 378,453 1998 CITY OF SHAKOPEE PROGRAM BUDGET WORKSHEET 15 Economic Development Authority Fund Program 191 Object# Description Management Total 4101 Wages FT-Reg. $ 54,760 $ 54,760 4110 Wages-Temporary 1,000 1,000 4121 PERA 2,890 2,890 4122 FICA 4,270 4,270 4131 Health & Life 4,630 4,630 4151 Workers Comp 100 100 Total Personnel 67,650 67,650 4210 Operating Supplies 2,500 2,500 4240 Equipment Maintenance 100 100 4310 Professional Services 8,000 8,000 4320 Postage 200 200 4321 Telephone 600 600 4330 Travel/Subsistence 800 800 4340 Advertising 200 200 4350 Printing/Publishing 500 500 4360 Insurance _ 1,500 1,500 4390 Conference/School/Training 1,700 1,700 (AEDC, NDC training) 4410 Rents 1,500 1,500 4430 Miscellaneous-Rehab Fund 45,000 45,000 4433 Dues(AEDC, EDAM, CUED, C. of C.) 1,000 1,000 4435 Subscriptions/Publications 350 350 Total Supplies&Services 63,950 63,950 4550 Capital Expenditures - - Total EDA $ 131,600 $ 131,600 CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook, Economic Development Coordinator SUBJECT: Work Session to review the current Rehab Grant Program and related design guidelines, and consider alternatives DATE: August 12, 1997 Introduction: At its May 20th meeting, the EDA directed staff to review the effectiveness of the Rehab Grant Program with regard to its original intent, to research and prepare alternative ideas, and to place these items on the agenda for a future EDA Work Session. In preparation of the work session, staff has: • Attained from other communities information on various financial incentive programs for building restoration, and related design guidelines. • Requested and received three design guideline proposals from architects experienced in assisting communities with the development of design guidelines. • Prepared an outline of issues and concerns regarding the current rehab grant program, and recommendations for a more effective program and related design guidelines. Action Requested: Offer and pass a motion establishing a Work Session to review the current Rehab Grant Program and related design guidelines, and consider alternatives. Paul Snook Economic Development Coordinator rehbmmo4.doc -41 9. . CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook,Economic Development Coordinator SUBJECT: Small Cities Development Program DATE: August 14, 1997 Introduction: Economic development staff recently met with Scott County HRA staff regarding the possibilities of collaborating on applying to the Minnesota Department of Trade and Economic Development(DTED) for a Small Cities Development Program Grant(SCDP). This program is one of many very effective tools available for the comprehensive revitalization of downtown Shakopee,and would complement the Blocks 3 &4 development. Discussion: The purpose of the competitive Small Cities Development Program (SCDP) is to assist communities in financing housing rehabilitation, public facility construction, and economic development. As per federal law, the goal of the SCDP is the "development of viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities,principally for persons of low and moderate income(see attachment). Shakopee is an eligible applicant since it is a city with a population under 50,000, and is not located in a federally designated entitlement area. The program is subdivided into three categories, 1.) Housing Grants; 2.) Public Facility Grants; and 3.)Comprehensive Grants. A comprehensive project is one which includes housing, a public facility element, and an economic development activity, which consists of loans from the grant recipient to businesses for building renovation/construction, purchase of equipment, or working capital. The most common economic development activity is rehabilitation of local commercial districts. Through previous experience, staff knows that DTED views comprehensive projects as the most competitive among the many applications they receive. The advantages to Shakopee of applying to (and being granted from) the SCDP are many, including,but not limited to the following: • Downtown Shakopee has a need for the restoration and rehabilitation of its existing traditional commercial buildings. Restored existing buildings will strengthen the setting for the Blocks 3 & 4 development, and likewise, the Blocks 3 & 4 development is the catalyst for the renaissance of the downtown, including the restoration of existing traditional buildings. The complementary nature of these projects will help strengthen the entire downtown area,making it more attractive to shoppers and investors. scdpmmo l.doc • Improve the housing conditions and opportunities in and possibly around the downtown area, where there is the greatest need for housing repair. Shakopee more than likely has a need for the rehabilitation of upper floor residential space in the traditional downtown buildings. Many of these spaces are underutilized. And, as housing studies have shown, there is need for additional housing such as the type provided by downtown buildings. In addition, single family housing around the downtown area may also qualify. • Infrastructure improvements, such as street, sewer and utility upgrades, and repair to pedestrian level street lights and concrete retaining walls could be realized through this program.Riverfront park development may be a possibility. • The public participation on the Blocks 3 & 4 project by the City and Scott County HRA will help leverage a comprehensive SCDP application. DTED ranks highly the SCDP applications that demonstrate substantial local public investment in the SCDP project area. The undergrounding of the electric lines may also help Shakopee's prospects for SCDP funds. There is a two part application process. The final application would be for review in October of 1998, for granting in March of 1999. An application for 1997 could not be completed in time for this October's review period. If the EDA is interested in pursuing an SCDP grant, the next steps would be for staff to prepare and submit a Part I Application, and to work with HRA staff in selecting a consultant to start the Part II Application process. Options: 1.Direct staff to pursue an SCDP grant by preparing and submitting to DTED a Part I Application,and to work with Scott County HRA staff in selecting a consultant to start the Part II Application process. 2.Request additional information from staff regarding the Small Cities Development Program 3.Do not direct staff to pursue an SCDP grant Recommended Action: Direct staff to pursue an SCDP grant as outlined in Option 1 above. 41r4j . !Alp Paul Snook Economic Development Coordinator scdpmmo 1.doc Minnesota Department of Trade and Economic Development(DTED) . Business and Community Development Division 500 Metro Square 121 7th Place East ✓''����'�. Saint Paul,MN 55101-2146 �onoaue0,O4• 612/296-5005(Metro area) :± 1 1-800-657-3858(Toll free) :is es Fax:612/296-5287 q_ TTY/TDD:612/282-6142 °d'a • Small Cities Development Program Program purpose: To provide decent housing,a suitable living environment and expanding economic opportunities,principally for persons of low-and-moderate income. How it works: Provides federal grants from the U.S. Department of Housing and Urban Development(HUD)to local units of government on a competitive basis for a variety of community development projects. Eligible applicants: Cities and townships with populations under 50,000 and counties with populations under 200,000.Indian tribal governments,which can receive funds directly from HUD,are ineligible for this program. Minimum Proposed projects must meet one of three national objectives: requirements: 1. Benefit to low-and-moderate income persons; 2. Elimination of slum and blight conditions;or 3. - Elimination of an urgent threat to public health or safety. In addition,proposed project activities must be eligible for funding,project need must be documented,and the general public must be involved in the application preparation. Eligible projects: State program rules subdivide grant funds into three general categories: 1. Housing Grants.Small Cities Development Program(SCDP)funds are granted to a local government which,in turn,loans funds for the purpose _of rehabilitating local housing stock.Loans may be used for owner-occupied, rental,single-family or multiple family housing rehabilitation.Loan agreements may allow for deferred payments or immediate monthly payments.Interest rates may vary,and loan repayments are retained by grantees for the purpose of making additional rehabilitation loans.In all cases,housing funds are directed to low-and-moderate income persons. 2. Public Facility Grants.SCDP funds are granted for wastewater treatment projects,including collection systems and treatment plants;fresh water projects, including wells,water towers,and distribution systems;storm sewer projects; flood control projects;and,occasionally,street projects. 3. Comprehensive Grants.Comprehensive projects frequently include housing and public facility activities described above. In addition,comprehensive projects may include an economic development activity,which consists of loans from the grantrecipientto businesses for building renovation/construction,purchase of equipment,or working capital.The most common economic development activity is rehabilitation of local commercial districts. ...continued on morn.rib a A Maximum available: The maximum grant award for a Public Facility or Housing project is $600,000. The maximum grant for a Comprehensive project is$1.4 million. Other funds required: The amount of other funds required is variable and contingent on the project type, other available sources of funds for the project,and the financial capacity of the applicant and local benefiting residents. Terms: The length of project period is normally between two and three years,depending on the size and scope of the project. Applications accepted: Part 1 of the Business and Community Development application can be submitted year-round.Complete applications (including Part 2) must be submitted by October 1 of each year. Grant awards: The annual review and ranking period will commence on October 1.Grant awards will be announced each March. Approving authority: Department of Trade and Economic Development. Disbursement of Grant monies are disbursed as project costs are incurred. funds: Contact: DTED/Business and Community Development Division at(612)296-5005. 11-94500 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ.REG. SESSION SHAKOPEE, MINNESOTA AUGUST 19, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 PM 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: July 15, 1997,Adjourned Regular Session *10] Approve Bills in the Amount of$747,334.44 11] Communications 12] Public Hearings 13] Recommendations from Boards and Commissions A] Bernhagen,Hauer,Breeggemann,Kerkow rezoning request from Agricultural(AG) to Multiple Family(R-3)and Highway Business(B-1)zones for property located south of Highway 169,east of Marschall Road,and north of St. Francis Hospital-Ord.499 B] Text Amendment to Zoning Chapter Regarding Definition of Sign Area-Ord.No. 497 *C] Text Amendment to Zoning Chapter Regarding Residential Uses in the Central Business Zone(B-3)-Ord.No. 498 D] Text Amendment to Zoning Chapter Regarding Shoreland District-Ord.No. 500 TENTATIVE AGENDA August 19, 1997 Page -2- 14] General Business A] Police and Fire B] Park and Recreation *1. Dasher Board Advertising(Arena) *2. Water Treatment System(Arena) C] Community Development *1. Application to Metropolitan Council for Planning Assistance Grant-Res.No.4719 2. Best Western Canterbury Inn Appeal of the BOAA's Denial of A 45 Foot Sign Variance D] Engineering *1. Realignment of Vierling Drive Between Presidential Lane and CR-69 -Res.No. 4720 2. Supplemental Work on Maras Street Improvement Project 1996-4 3. Change Order on 1997 Street Overlay Project 1997-2 E] General Administration 1. Acquisition of Property Interests by Eminent Domain for Lots 1-8, Block 1, Riverview Estates 2nd Addition-Res.No.4724 2. Masseur and Masseuse Licensing 3. Artrain Insurance/Agreements *4. Joint Powers Agreement-Coalition of Utility Cities Committee 5. Set Public Hearing on Blocks 3 &4 Scott County HRA Bond Sale-Res.No. 4723 *6. Authorizing Defeasance of 1993B Improvement Bonds-Res.No.4721 *7. Resignation of Jon Brekke from Planning Commission and Filling Vacancy-Res.4722 *8. Resignation of Trisch Gross from Shakopee Community Access Corporation Board 15] Other Business 16] Recess for an executive session to discuss matters permitted under attorney-client privilege 17] Re-convene 18] Adjourn REMINDER: August 21, 1997, Budget Worksession at 4:00 P.M. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JULY 15, 1997 Mayor Henderson called the meeting to order at 7:03 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; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Paul Snook, Economic Development Coordinator, and Jim Thomson, City Attorney. Mayor Henderson explained that City policy states if a tree falls into the street, Public Works will take care of it. However, due to the number of trees damaged in the recent storm, as well as the volume of calls, he said that Public Works will pick up tree and brush debris from the storm if brought to the boulevard. Link/Zorn moved to direct Public Works to pick up tree and/or brush damage due to the storm if it is taken to the boulevard. Motion carried unanimously. A recess was taken at 7:05 P.M. for the Economic Development Authority meeting. The meeting re-convened and recessed at 8:50 P.M. The meeting re-convened at 9:07 P.M. The following item was added to the agenda: 14.B.6. Consider Purchase of a Single Axle Dump Truck. Zorn/Sweeney moved to approve the agenda as amended. Motion carried unanimously. Sweeney/Zorn moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison Repgrts were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there were any interested citizens present who wished to address the Council on any item not on the agenda. There was no response. Sweeney/Zom moved to approve the minutes of June 17, 1997, Adj. Regular Session and June 24, 1997, Worksession. (Motion carried under the Consent Agenda.) Sweeney/Zom moved to approve bills in the amount of$873,744.99. (Motion carried under the Consent Agenda.) The Public Hearing on the proposed vacation of easements within Canterbury Park 3rd and Valley Park 12th Additions was opened by Mayor Henderson. Official Proceedings of the July 15, 1997 Shakopee City Council Page -2- Mr. Leek explained that the requested easements were to be replaced by easements in connection with a minor subdivision. He said the Planning Commission reviewed the request and recommended approval. Mayor Henderson asked if there was anyone in the audience who wished to speak to this issue. There was no response and the Public Hearing was closed by Mayor Henderson. DuBois/Link offered Resolution No. 4706, A Resolution of the City of Shakopee Vacating Drainage and Utility Easements in Lot 2, Block 1, Canterbury Park Third Addition and Lot 1, Block 1, Valley Park Twelfth Addition, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. The Public Hearing on the proposed vacation of alleys within the Scott County Courthouse Square, Block 57 and Block 58, Shakopee City Plat, was opened by Mayor Henderson. Mr. Leek explained that Minnegasco maintains a gas line within the easement in Block 57 which is to be relocated. The Planning Commission reviewed the vacation and recommended approval. Mayor Henderson asked if there was anyone in the audience who wished to speak to this issue. There was no response and the Public Hearing was closed. Sweeney/Zom offered Resolution No. 4707, A Resolution of the City of Shakopee, Vacating Alley Right-Of-Way in Blocks 57, 58, and Courthouse Square, Old Shakopee Plat, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Mayor Henderson acknowledged County Commissioner Art Bannerman's presence. Shirley Olson, Murphy's Landing Director, approached the podium and requested ISTEA funding for the restoration of Murphy's Inn. Additional assistance is requested for the City to act as fiscal agent for the grant and to provide crews, equipment and material totaling up to $30,000 as part of the local match to be used in conjunction with the preparation and development of the picnic area and trail. (The ISTEA Grant deadline is July 28, 1997.) She said the Met Council funds up to $700,000 per project. Ms. Olson met with the DNR, the Minnesota Watershed District, and the City, and combined several projects that would make a good public project. Projects include rebuilding Murphy's Inn and Boat Landing, completing handicapped access walkway, and the completion of the Minnesota Valley Trail and picnic area with interpretive picnic shelter. Murphy's Landing portion of the costs will amount to $950,000 of which $700,000 would be funded by the ISTEA Grant, $125,000 by the Minnesota Watershed, and the balance by other sources. Official Proceedings of the July 15, 1997 Shakopee City Council Page -3- The request is for $30,000, in-kind (spread over a 5-year period) from the City of Shakopee while Murphy's Landing would provide $75,000, and the City of Eden Prairie would provide $20,000; all pending approval of ISTEA funds to be determined in January, 1998. Zorn/Sweeney offered Resolution No. 4700, A Resolution of the City of Shakopee 1) Agreeing to Act as Fiscal Agent for Murphy's Landing for an ISTEA Grant Request, and 2) Agreeing to Provide a Portion of the Local Grant Match, and moved its adoption. Motion carried unanimously. Sweeney/Link moved to remove the request for extension of the 12-month time period for approval of the Preliminary Plat of Maple Trail Estates from the table. Motion carried unanimously. Mr. Leek said that a letter from the applicant indicates a restriction on development due to the need for connecting roadways. He said that the development of an adjoining property (which will provide for the connection of roadways) will not be ready to proceed for at least a year. Zorn/Link moved to extend the 12-month time period for approval of the Preliminary Plat for Maple Trail Estates by an additional 12 months. Motion carried unanimously. Item 14.E.8. Request of Rahr Malting Company Regarding Hourly Restrictions on Construction Activities was addressed out of the regular order on the agenda. Mr. Leek explained that Rahr is requesting the noise and hourly restrictions on certain operations be suspended for six days to allow the construction of a new, concrete elevator. If granted, a public notice would be required. Sixty to seventy truck trips are anticipated per day during this time period. Link/Zom moved to approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Rahr for six consecutive days in August, 1997, and directed staff to publish notice of the suspension terms. Motion carried unanimously. Item 14.C.1. Fire Station Excess Property - Platting was addressed out of the regular order on the agenda. Mr. McNeill explained that Peter Patchin and Associates were hired to review their February, 1996, appraisal of $270,000 on the fire station site and factor in the R-2 Medium Density zoning. He said there is a potential that the City could spend a considerable amount of money for the gas main relocation and grading work, and not have builders who would be willing to invest enough to reimburse the City for its costs. It was recommended that staff advertise the Official Proceedings of the July 15, 1997 Shakopee City Council Page -4- property for sale, and have those proposals brought back before the City Council for consideration as to whether to sell the excess property, or get further information on platting. Zorn/Link moved to authorize staff to advertise for sale the 10.25 acres of access property remaining from the fire station site purchase (Vierling Drive and CR-16), and bring back to the City Council proposals from interested buyers with a minimum bid of$270,000. Cncl.DuBois suggested that maybe the site should be kept because of the future possible needs for expansion for the Public Works or Police Departments. Jon Albinson approached the podium and stated he did not pay any additional money for soil. He said he would be willing to grade the site on the City's behalf in exchange for transportation of the soil to his property. A discussion ensued regarding grading options and relocation of the gas line. Mr. Loney explained that the gas line relocation is dependent on development. Sweeney/DuBois moved to amend the motion to set the minimum bid at $325,000. Motion carried unanimously. The main motion as amended, carried unanimously. Staff was directed to use a bidding process approved by the City Attorney. The regular order of the agenda resumed, beginning with 14.B.1. Completion of Probationary Status of Michael Hullander. Sweeney/Zorn moved to terminate Michael Hullander's probationary status. (Motion carried under the Consent Agenda.) Mr. Loney stated there were six bids for Vierling Drive Project No. 1997-1 with Barbarossa & Sons, Inc., the low bidder at $695,670.32. The engineer's estimate, including a 10% contingency was $750,000. Based on past performance of the contractor, staff recommends approval of the bid. Staff also recommends an extension agreement with WSB & Associates, Inc. for consultant construction services, and a 5% contingency amount for minor change orders. Zorn/Sweeney offered Resolution No. 4704, A Resolution Accepting Bids on Vierling Drive, from Taylor Street to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat of Arlington Ridge 1st Addition; and Polk Street, from Vierling Drive to 13th Avenue, Project No. 1997-1 and moved its adoption. Motion carried unanimously. Official Proceedings of the July 15, 1997 Shakopee City Council Page -5- DuBois/Sweeney moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant construction services for the City of Shakopee for the 1997-1 Project. Motion carried unanimously. Zorn/Link moved to authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the 1997-1 Project. Motion carried unanimously. Mr. Loney reported a total of six bids received for the 1997 street overlay project with Vi-Con, Inc. the low bidder at $212,730.20. The feasibility report and engineer's estimate, including a 10% contingency, was $270,000. He recommended awarding the contract to Vi-Con with a 10% contingency for change orders. Link/DuBois offered Resolution No. 4705, A Resolution Accepting Bids on the 1997 Street Overlay Project No. 1997-2, and moved its adoption. Motion carried unanimously. Zorn/Link moved to authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the 1997-2 Project. Motion carried unanimously. Mr. Loney reported that the petition received from the developer of Pinewood Estates for improvements to Eastway Avenue and Timothy Court does represent a majority of the property on this project. We did not get the petition from the developer of Shenandoah Place. He said that since the City does not have 100% of the property owners petitioning for the improvement project the next step is for the City to declare the adequacy of petition received by the Pinewood Estates developer and order the preparation of a feasibility report. Once the developer of Shenandoah Place becomes the property owner and submits a petition, the project would have 100% of the property owners petitioning the improvement project. Mr. Loney said it is in the best interest of Pinewood Estates to move forward and to finalize the plans as soon as possible. Staff recommends approval to initiate the public improvement process and that Bolton & Menk, Inc. be authorized to prepare final plans and specifications, to reimburse Pinewood Estates for engineering costs (already incurred) associated with this design, and that the costs be included in the project costs. DuBois/Sweeney offered Resolution No. 4708, A Resolution Declaring the Adequacy of Petition and Ordering the Preparation of a Feasibility Report for Eastway Avenue and Timothy Court Within the Plat of Pinewood Estates, and moved its adoption. Motion carried unanimously. Sweeney/Link moved to authorize the appropriate City officials to execute a consultant extension agreement with Bolton & Menk, Inc. for consultant services to complete the plans and specifications for the Eastway Avenue project. Motion carried unanimously. Official Proceedings of the July 15, 1997 Shakopee City Council Page -6- Sweeney/Zom offered Resolution No. 4703, A Resolution Accepting Work on Trunk Sanitary Areas "SS-H" & "SS-D" Project No. 1996-6; and for the Installation of Sanitary Sewer Laterals in the NE 1/4 of the NW 1/4 of Section 17, Township 115, Range 22; and the NW 1/4 of the NW 1/4 of Section 17, Township 115, Range 22, Scott County, Project No. 1996-9 and moved its adoption. (Motion carried under the Consent Agenda.) Mr. Loney reported that a purchase order must be submitted to the State by July 16, 1997, in order to take advantage of the State Bid for the purchase of two single axle dump trucks. Low bid was received from Boyer Ford at $45,995. Zom/Link moved to authorize the purchase of two single axle dump trucks, cab and chassis at $45,995. each, with the purchases to be paid out of the Internal Service Equipment Fund. Motion carried unanimously. Sweeney/Zorn moved to authorize the appropriate City officials to enter into an agreement with Ingreham and Voss, Inc., to develop the City's Comprehensive Park Plan and Park Dedication Policy Study with funding to be allocated from the Recreation Enterprise Fund not to exceed $6,900 for the plan and $450 for miscellaneous costs. (Motion carried under the Consent Agenda.) Sweeney/Zom moved to waive the 30-day review period for the application for exemption from lawful gambling license by the Shakopee Chamber of Commerce for bingo at City Hall and for a raffle in Downtown Shakopee in conjunction with Derby Days on July 31 through August 2, 1997. (Motion carried under the Consent Agenda.) Mayor Henderson announced that Dave Nummer received the majority of votes for appointment to the Planning Commission and Board of Adjustment and Appeals with a vote of 3 to 2. Dave Nummer: Cncl.Sweeney, Zorn, and Mayor Henderson Michael Willard: Cncl.DuBois and Link Zorn/Sweeney offered Resolution No. 4701, A Resolution Filling A Vacancy on the Board of Adjustment and Appeals and on the Planning Commission, and moved its adoption. Motion carried unanimously. A recess was taken at 10:10 P.M. The meeting re-convened at 10:23 P.M. Sweeney/Zom moved to approve the application and grant a temporary 3.2 percent malt liquor license to the Shakopee Jaycees for Blocks 3 and 4 for the municipal parking lot located east of Bill's Toggery for August 1 and 2, 1997, conditioned upon receipt of evidence of the required insurance coverage and subject to approval of the location and security measures by the Chief of Police. (Motion carried under the Consent Agenda.) Official Proceedings of the July 15, 1997 Shakopee City Council Page -7- Sweeney/Zorn offered Resolution No. 4702, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Stone Meadow 1st Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Zorn moved to terminate the probationary status of Paul Snook effective July 21, 1997, and grant him full-time regular status. (Motion carried under the Consent Agenda.) Mr. McNeill stated he and the Public Works Director met with the County staff to discuss parking for the Justice Center. He said construction of the parking lot is to begin July 21 and the closure of Fuller Street will take place August 1. The parking lot construction will last approximately one month and parking will be reduced to 165 spaces. Negotiations are also underway with Mr. Wampach and St. Mark's Church for parking as the lot formerly used for clinic parking and the Marquette Bank lot will not be available. After August 25 the lot currently used for parking will be under construction and remote lots will become more important. The Judges have split the court calendar calls on Mondays to 9:00 a.m. and 1:00 p.m. to help with the parking problem. Diagonal parking on 5th Avenue is an option to be considered when 5th Avenue is reconstructed as part of the CIP, which Mr. McNeill suggested moving ahead to next year. Mr. Loney suggested diagonal parking on 4th Avenue as well. Mr. McNeill said an informational meeting is planned for Tuesday, July 22 at 7:00 P.M., for interested neighbors to hear from the County on what they can expect during construction. Parking concerns will also be discussed. Staff is currently investigating residential parking permits. A discussion ensued regarding employee parking. A suggestion was made that the 30 spaces closest to the building be assigned to visitors only, and that a letter be sent to employees directing that they park in other locations. No action was taken as the information provided by Mr. McNeill was informational only. Relating to the construction of the County Justice Center, Mr. McNeill explained that an ordinance change is necessary as construction of any building over an easement of the City or Public Utilities is prohibited. Part of the Justice Center will be located over a Shakopee Public Utility easement and Mr. McNeill stated that this can be solved by adding to the City Code "without first obtaining written approval from the City or Shakopee Public Utilities Commission". Zorn/Sweeney offered Ordinance No. 492, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Pertaining to Issuance of Building Permits and Amending Section 4.03, Subd. 2 of the City Code, and moved its adoption. Motion carried unanimously. Official Proceedings of the July 15, 1997 Shakopee City Council Page -8- Mr. McNeill reported that two offers to purchase 10 acres owned by the City of Shakopee (on behalf of Shakopee Public Utilities) were received. A minimum offer of$85,000 and minimum earnest money of$1,000. was required. A high bid of$150,500 and earnest money of$1,000. was received from Bert Notermann. Staff recommends executing the purchase agreement with Bert Notermann. Sweeney/Zom moved to authorize the appropriate City officials to enter into a purchase agreement with Mr. Bert Notermann for the sale of the east ten acres of the N 1/2 of the NW 1/4 of Section 19-115N-22W, located on the south side of CR-78 between CR-17 and CR-79 in the amount of$150,500. Motion carried unanimously. Mr. McNeill reported a joint meeting was held in June between the City Council, the Park and Recreation Advisory Board, and the Planning Commission to consider the annual 5-Year Capital Improvements Program. Since that time additional projects were added and some questions remain. In the past the Council has received the CIP, which he recommends, in order that the Council may discuss the 1998 items with the budget. Sweeney/Zorn moved to accept the 1998-2002 CIP as a working document so that Mr. Voxland can prepare the budget. Mr. Loney stated that Vierling Drive and CR-17 will need additional dollars for a turn lane and a signal. Motion carried unanimously. The meeting recessed for an executive session at 10:41 for the purpose of discussing the status of labor negotiations. Mayor Henderson re-convened the meeting at 10:55 P.M. and stated that no action was taken during the executive session. Link/Sweeney moved to adjourn the meeting at 10:55 P.M. Motion carried unanimously. c_4(A,-04 ith S. Cox City Clerk Esther TenEyck Recording Secretary t CONSENT CITY CITY OF SHAKOPEE -• Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: August 14, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 08/14/97. Also attached is a regular council bill list for invoices processed to date for council approval . Not included in the attached bill list but included in the total amount of bills shown on the agenda is the below listed subsistence/travel reimbursement for an employee. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt/odometer readings and therefore needs to be paid through payroll as taxable income. Brian Clark $22 . 70 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 $9, 149 .21 . Action Requested Move to approve the bills in the amount of $747, 311 . 74 . , , 10 01 1 ! ,i,/ \ CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 08/14/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 974 25,036 28 12 CITY ADMINISTRATOR 249,980 5,100 105,214 42 13 CITY CLERK 166,720 6,632 94,210 57 15 FINANCE 322,780 9,829 194,092 60 16 LEGAL COUNSEL 217,320 0 95,182 44 17 COMMUNITY DEVELOPMENT 451,290 7,971 188,519 42 18 GENERAL GOVERNMENT BUILDINGS 146,940 5,945 77,720 53 31 POLICE 1,703,140 61,057 1,001,368 59 32 FIRE 448,990 27,582 214,455 48 33 INSPECTION-BLDG-PLMBG-HTG 245,070 7,744 142,640 58 41 ENGINEERING 425,780 14,700 198,275 47 42 STREET MAINTENANCE 781,860 31,368 424,654 54 44 SHOP 126,540 5,301 67,151 53 46 PARK MAINTENANCE 350,420 15,651 168,923 48 91 UNALLOCATED 622,630 958 530,626 85 TOTAL GENERAL FUND 6,348,870 200,811 3,528,065 56 17 COMMUNITY DEVELOPMENT 496,770 11 240,833 48 TOTAL TRANSIT 496,770 11 240,833 48 19 EDA 140,580 2,094 53,697 38 TOTAL EDA 140,580 2,094 53,697 38 ri a) rn ro Q. a Kt a, a a a asaa.aaaco.aaaa.a. au a as a au a au au a a Cu Cu a to,a.as H H H H HHHHHHHHHHHHH H H H H H H H H H H H H H H H H H H H W w Ow 04Z z 0 z NC.- W mm H0 ri N m H co co E.E+E.E.E.HE.E.E.E.E.E.HE+ O N u1 u1 u1 co cn co cn co co co cn co co co U]co U) 0 0 cn co co U]co co co co co co U] co co U) C> in w w w DPDDZDDDDDDOCD co co DDDDDZDDPZDDDDOD z N u1 u1 u1 C9 C7 C7 C9 C7 CD C7 C7 C.7 0 C9 C7 C7 u1 C7 r N C7 C7 C7 C7 C7 C7 0 C.7 C7 C7 C.9 C7 CD C.7 Ln H H 0 O O DDDDDDDDDDDDD rn `7 111 111 aaaaaaaaaaaaaa i"1 M O O O aaaaaaaaaaaaa M a r l0 H O ri ri H H ri ri ri ri H H ri ri H 0 r in O ri ri H H ri ri ri ri ri H ri H 1.0 H M E+ r r C) ri M M 0101 M M M M M M M M M r r COM m fel 01 M CO M M M M M M Mr M 0 Z0: H H H m ri ri ri ri ri H ri ri ri ri ri ri ri H H Mr ri ri ri ri ri ri ri ri ri ri ri HH ri H W N N N d' V'C'd'TV Tr d'd'd' TV Tr V'a'd' N N Tr 01 a .41.Trd .0,CrV W W Tr Trd'Nd' N i Ii I I I I i I I I I i i I i I I OW UM N N N m O O O O O ri 0 0 0 0 0 0 0 N N ri O 0 0 0 0 ri O O O O O O O N O N UD H H H M N Minr co m ri M ri N TV in H H ri ri CI 1.11 r CO 01r M ri N d'NLn ri M ri az m m m <N ri ri ri ri ri ri M M w w cr. m m r-r- ri H ri H ri M M w w d'VD NO1 ri m 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O W 53 53 a w 0 41 CO CIO 14 g Z U H U) 0 U) H a W C4 f:C C4 41 au H a4 01 wwwwwwwwwwwww a o� wwwwwwwwwwwwww H H H H H H H H H H H H H W U H H H H H H H H H H H H H H Wz 0 O ..7.1.1.1.1.1.1.1 .1.1.1.1.1 co co U .1.1.1.1.1.1.1.1.1.1.1.1.1.1 C] H 3 co m .4,ax.al .x.xx ..ax ,axxx H EAAC 53 aaxua �sxxuSLSxxLSxxx 0 P4i N U) x x x x x x x x x x X=X a Z x X=x X XX x x x X X x x 0 C0 m in W HHHHHHHHHHHHH w WO HHHHHHHHHHHHHH 1 U e-i N Ci+ .1.1.7.1.1 7a 7a a s as l0 U CL'(Y' a a a a a a a a a a.1aaa co rzCLn X co O W W W W W W W W W W W W W Lo m 5 e4 E. 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CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map -Rezone property from Agricultural Preservation (AG)to Highway Business (B1) and Multiple Family Residential (R3) DATE: August 19, 1997 INTRODUCTION Sharon Bernhagen,Eugene Hauer, Gary and Greg Kerkow,Englebert Breeggemann, and Eileen Kerkow are requesting that the Official Zoning Map be amended to rezone a parcel currently zoned as Agricultural Preservation(AG)to Highway Business(B 1) and Multiple Family Residential(R3). This property is located south of Highway 169 and east of County Road 17 (Marschall Road). A copy of the August 7, 1997,Planning Commission staff report is attached for reference. Also attached for reference is a portion of the section map outlining parcel location, ownership, size and proposed rezoning request. ALTERNATIVES from Agricultural Preservation 1. Amend the Zoning Map to rezone the subject property (AG)to Highway Business(B 1)and Multiple Family Residential(R3). 2. Do not amend the Zoning Map. 3. Direct that the Comprehensive Plan be amended to reflect a different use for the subject site. 4. Table the decision and request additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 499, and move its approval. /„--116161:41,0 lie Klima Planner II is\commdev\c61997\cc0819\rezbrhgn.doc ORDINANCE NO. 499,FOURTH SERIES AN ORDINANCE MAP ADOPTEDOF THE CITY FINFCITYOPEE,CODMINNESOTA, S E E11O.3 BY AMENDING THE ZONING REZONING LAND LOCATEDSOUTH HIGHWAY ROAD)FROM AGRICULTURAL AURAL EAST OF COUNTY ROAD 17 (MARSCHALL BUSINESS PRESERVATION (AG) ZONE RESIDENTIAL (R3) ZO ) ZONE AND MULTIPLE F WHEREAS, Sharon Bernhagen, Eugene Hauer, Gary and Greg Kerkow, Englebert Breeggemann, and Eileen Kerkow have made application for the rezoning of land, legally described as attached on Exhibits A and B, from Agricultural Preservation (AG)to Highway Business (B1) and Multiple Family Residential (R3); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on August 7, 1997, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property to Highway Business (B1) and Multiple Family Residential (R3) to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as attached on Exhibit A from Agricultural Preservation(AG) to Highway Business (B1). Section 2 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as attached on Exhibit B from Agricultural Preservation (AG) to Multiple Family Residential (R3). Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. 2 Passed 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 Published in the Shakopee Valley News on the day of , 1997. Prepared by: City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 3 EXHIBIT A Properties to be zoned Highway Business (B1): The South 330 feet of the West 450 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota, EXCEPT the North 8 feet, EXCEPT .22 Acres Road; and The North Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota,EXCEPT the North 8 feet and the South 330 feet of the West 450 feet, EXCEPT .45 Acres Road; and 115, The Southeast Quarter of the Southeast Quarter ofSouth 8 fees and EXCEPection 7, TnPa cel 61 A ange 22, MNDOT Scott County, Minnesota, EXCEPT the South 70-5 and 70-6; and The North 8 feet of the East 1320 feet of the Northeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota; and The South 8 feet of the East 1320 thefeet of Southeast aMNDOT Plat 70051 #62 tion 7, Township 115, Range 22, Scott County, Minnesota, 4 EXHIBIT B Properties to be zoned Multiple Family Residential (R3): 1. The Southwest Quarter of the Southwest Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, EXCEPT .33 feet and EXCEPT the South 330 feet of the West 330 feet and EXCEPT Parcel 61A MNDOT 70-5 and 70-6; and 2. The North Half of the Northwest Quarter of the Northwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota,EXCEPT the North 8 feet; and 3. The North 8 feet of the Northwest Quarter of the Northwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota; and 4. The South 330 feet of the West 330 feet of the Southwest Quarter of the Southwest Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, EXCEPT the South 33 feet. 5 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Agricultural Preservation (AG)to Highway Business(B-1) and Multiple Family Residential(R3) DATE: August 7, 1997 Site Information Applicant: Sharon Bernhagen, Eugene Hauer, Gary and Greg Kerkow,Englebert Breeggemann,Eileen Kerkow Site Location: South of Highway 169, north of 17th Avenue and east of County Road 17 (Marschall Road) • Current Zoning: Agricultural Preservation(AG) Adjacent Zoning: North: Highway 169 South: Office Business/Urban Residential (B2/R-1B) East: Agricultural Preservation (AG) West: Highway Business/Agricultural (Bl/AG) Comp.Plan: 1995: Commercial and High Density Residential Area: 77.77 Acres MUSA: The site is within the MUSA boundary INTRODUCTION Sharon Bernhagen,Eugene Hauer, Gary and Greg Kerkow,Englebert Breeggemann, and Eileen Kerkow are requesting that the Official Zoning Map be amended to rezone properties currently zoned as Agricultural Preservation(AG)to Highway Business(B 1)and Multiple Family Residential (R3). Please see Exhibit A for the location of the subject area. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, 1995 Comprehensive Land Use Map;Exhibit C, City Code Section 1136,Highway Business(B-1)regulations;Exhibit D, City Code Section 11.34,Multiple Family Residential (R3)regulations; and Exhibit E, City Code Section 11.22, Agricultural Preservation(AG) regulations. 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, and E provide a list of the uses,both permitted and conditional,that are allowed in the Highway Business(B- 1),Multiple Family Residential(R3) and Agricultural Preservation(AG)Zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as"Commercial" and"High Density Residential". The Comprehensive Land Use Plan serves as a general guide plan and is not designed to follow specific property lines and/or boundaries. The rezoning of the site to"Highway Business" and"Multiple Family Residential", as requested, will be in conformance with the 1995 Comprehensive Plan. 3. The purpose of the Multiple Family Residential (R3)zone is to provide an area which will allow 7 to 18 multiple family dwelling units per acre, and also provide a transitional zone between single family residential areas and other land uses. 4. The purpose of the Highway Business(B 1)zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have, as expressed in the Comprehensive Plan, taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City-wide or neighborhood development patterns have not occurred. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified this area for commercial and high density residential use. The Comprehensive Plan Land Use Plan serves as a guide plan for development of the city. 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 Highway Business(B1) and Multiple Family Residential(R3)from Agricultural Preservation (AG). 2. Recommend to the City Council the denial of the request to rezone property to Highway Business(B 1) and Multiple Family Residential(R3)from Agricultural Preservation(AG). 3. Continue the public hearing and request additional information from the applicant or staff STArr 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 Highway Business(B 1) and Multiple Family Residential(R3). ttU( (Mtjt Julie Klima Planner II is\commdev\bona-p61997\aug07\rezbrngn.doc i► ,IP-----..,ir.r.-.7----7?).--,...... .� (•� �� A R ' EXHIBIT A I. 1.• :1-- . T. �; _ Isacse� � EE �� r a's • Ipip ... ...„, I-. ica1 �� {•, aeu F tits o. B I1 1 n N' �T er, _1` ill i I -•s I �s I } SACT SITE i 11 MOW . •i . A G Wh, Ali '44 7 re. Ai /7 Tir a41 �� /: , I i'lc ` AG AG /�/ h, I � :�%i { Rc. ir ,,,/,/, a • y''�/ /, ' �I r CALL 46 78 if A L7 AG �}, ,� p �-�. 1 r-- // EGET D RR A G ; 3:,,:'' /' .0.% •-,,, . gym' ,� •.� o _ _ crc ,e 'It 1 RR-ii % l _'-�— RR • �� R,rdl Res d`�t'.i ITp497lD� R Tq\ 3 I.CW Dens:.y c-'CCC•l:ent:l:i - Urbcn Res:Cent ci AG '-C; Old Snc'�cpee Residentic' '��`� AG , Medium De^,sty Reside^t'c \\ V/?9r VC =At �Q 3 I Muit{ple Fc iy' Reside" � it DG � �•-_,'":1 .RR % RR I High.vcy Business - AG 'SRR / 1; 22 1 Office Busness - . ?�1 LAKE j r • 23 1 Centrcl Busir.ess 4 , Light Ind::s.r cI • � J. 1 .2 i Hecvy irdustHcl „\R P. RR0. _ !Jc cr ,.e -ec.•cn 00--- AG ;,----i. t AG P ,`"— [`i,l \\\ 1 • i --��� V�J^fid^ G- "- .� - `� — -- — - — v r ' I • AR'9 %'% 1 �1 _ -- - § 11.36 • EXHIBIT C SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1). • Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses: A. motels and hotels; B. restaurants, class I; C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor, I. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, pop revised in 1996 1171 1 § 11.36 replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L. car washes; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; Q. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; or U. retail centers; or V. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the highway business zone the following uses shall • be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: CA Ci minimum lot area: (new lots):svr6 acre (existing lots): 8,000 square feet maximum floor area ratio: .50 page revised In 1996 111, 1172 § 11.37 B. Maximum impervious surface percentage: 75% • C. Lot specifications: minimum lot width: (new lots): 100 feet (existing lots): 60 feet minimum front yard setback 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984; Ord. 158, January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994; Ord. 434, November 30, 1995) SEC.11.37. Reserved. • ppp mused in 1996 1173 EXHIBIT D § 11.34 SEC. 11.34. MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3). • Subd. 1. Purpose. The purpose of the multiple-family zone is to provide an area which will allow 6 to 18 multiple-family dwelling units per acre, and also provide a transitional zone between single family residential areas and other land uses. Subd. 2. Permitted Uses. Within the.multiple-family residential zone, no structure or land shall be used except for one or more of the following uses: A. multiple-family dwellings containing three or more units; B. existing single family and two-family dwellings; C. public recreation; D. utility services; E. public buildings; F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the multiple-family residential zone, no structure or land shall be used for the following uses except by conditional use permit A. nursing homes; . B. churches and other places of worship; C. cemeteries; D. hospitals and clinics; E. 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; F. bed and breakfast inns; G. utility service structures; H. day care facilities serving from 13 through 16 persons; 1. residential facilities serving from 7 through 16 persons; J. relocated structures; K. structures over 2-1/2 stories or 35 feet in height; pp.rF n.0 in 1996 • 1154 § 11.34 • L. developments containing more than one principal structure per lot; or M. 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 multiple-family residential zone, the following uses shall be permitted accessory uses: A. open off-street parking spaces not to exceed three spaces per dwelling unit; • B. garages; C. fences; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment; or 1, other uses similar to those permitted by this subdivision, as determined by the Zoning Administrator. Subd. 5. Design Sthall beconstructed or used, excepti Standards. taresidential conformance w th the the be used, an shall following and no structure s requirements: A. Density: a minimum of seven and a maximum of 18 dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 60% C. Lot specifications: Minimum lot size: 1 acre Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback: 50 feet Minimum side yard setback: One-half of building height or fifteen (15) feet,whichever is greater. All multiple-family residential structures 30 feet or greater in height shall be setback a minimum of four (4) times the height of the structure from the nearest low density residential (R-1A), urban residential (R-1B), Old Shakopee residential (R- 1C), medium density residential (R-2), or multiple-family residential (R-3) zone line. 111 o.aie m,..e in 1996 1155 • § 11.34 • 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 i 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. 96, November 11, 1982; Ord. 159, February 28, 1985; Ord. 203, July 10, 1986; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 377; July 7, 1994; Ord.•435, November 30, 1995) SEC. 11.35. Reserved. (The next page is 1171.) a•9• sad n 1996 1110 1156 11 . 77 SEC. 11.22. AGRICULTURAL PRESERVATION ZONE (AG). EXHIBIT E 010 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; 111) 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 pogo revised n1996 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; revos.a in 1996 1112 § 11.23 1. 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. . p.90 *vim!in 1996 1113 1 meas. - vI 4^ \ ' ' f ;••••'t.c.; sh,X ----Ki 4.,:.,'1. 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O- co -•--- r—(-7 '' .:. 9 c-1 Q -0 ti• "< -, g . 2 . -.. "n*• '‘)-0 -1 0 :It,' •04. )(-> 8 a . : z, , 0 . ' 1-, l I i rti Ul I 7- (1) th y ! .. it C' 0 ) I 13 . (3 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Beth Handrich,Planning Intern SUBJECT: Text Amendment Regarding Definition of Sign Area DATE: August 19, 1997 INTRODUCTION The City of Shakopee has initiated a text amendment regarding the definition of sign area. Because the current definition is both vague and difficult to interpret, staff has formulated a draft definition(Please refer to attached staff report). The draft definition was reviewed at the July 24, 1997 meeting of the Board of Adjustments and Appeals. Revisions have been made to reflect clarifications given by the Board. ALTERNATIVES 1. Approve the text amendment as presented. 2. Approve the text amendment with revisions. 3. Do not approve the text amendment. 4. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission approved the text amendment as presented. ACTION REQUESTED Offer Ordinance No. 497, and move its approval. if ethHandrich Planning Intern i:\commdev\cc\1997\cco819\sgnarta.doc iir CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Beth Handrich, Planning Intern SUBJECT: Text Amendment Regarding Sign Area DATE: August 7, 1997 INTRODUCTION Sign Area, as defined in Sec. 11.02 of the City Code, is the entire area within a single continuous parallelogram enclosing the exterior limits of the message area. Where the sign is double faced, the sign area shall be the maximum area visible from any one direction. The supports, uprights, or structures on which any sign is supported shall not be part of the sign area unless such supports, uprights or structures are an integral part of the display or sign. DISCUSSION Staff is of the opinion that the current definition of sign area is extremely vague and therefore difficult to interpret. This was addressed at the July 24, 1997, meeting of the Board, and direction was given to staff as how to interpret and revise the current definition. Staff has formulated a draft definition and it reads: Sign area is the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. This excludes any supports, uprights or structures on which any sign is supported unless such supports, uprights or structures are an integral part of the display or sign. Where the sign is double-faced, the sign area shall be calculated by measuring only one of the faces, meaning that the maximum sign area allowed shall be permitted on each face of the sign. Where the sign has more than two sides, all faces shall be limited to the total area permitted on double-faced signs, meaning that the total sign area allowed will decrease with additional faces. All parts of the draft definition were addressed at the above mentioned meeting and revisions made reflect those clarifications as given by the Board. Section 11.83, Subd. 2 of the City Code states"the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings: Criteria#1 That the original zoning ordinance is in error. Finding#1 The original zoning ordinance is in error. It is not clear what constitutes the "message area"and "maximum area." Criteria#2 That significant changes in community goals and policies have taken place. Finding#2 Significant changes in community goals and policies have not taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in development patterns have occurred With the construction of the 169 Bypass, a number of businesses will be locating along TH 169, and will be seeking signage or additional signage. Criteria#4 That the Comprehensive Plan requires a different provision. Finding#4 The Comprehensive Plan doesn't require a different provision, but the proposed amendment is not in conflict with the Comprehensive Plan. ALTERNATIVES 1. Recommend the proposed text amendment to the City Council. 2. Recommend the proposed text amendment, with revisions, to the City Council. 3. Do not recommend the proposed text amendment to the City Council. 4. Table the matter for additional information. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer and pass a motion recommending approval of the proposed text amendment to the City Council. Beth Handrich Planning Intern i:\commdev\boaa-pc\1997\aug07\sgnarata.doc ORDINANCE NO. 497 AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA,AMENDING CHAPTER 11,ZONING,TO AMEND THE DEFINITION OF"SIGN AREA". THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 -That City Code Chapter 11, Zoning, Sec. 11.02 Definitions is hereby amended by deleting the following entry: "Sign Area: The entire area within a single continuous parallelogram enclosing the exterior limits of the message area. Where the sign is double-faced, the sign area shall be the maximum area visible from any one direction. The supports, uprights or structures on which any sign is supported shall not be part of the sign area unless such supports, uprights or structures are an integral part of the display or sign." and by adding the new definition, as set forth below, in its place. "Sign Area: The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. This excludes any supports, uprights or structures on which any sign is supported unless such supports, uprights or structures are an integral part of the display or sign. Where the sign is double- faced, the sign area shall be calculated by measuring only one of the faces, meaning that the maximum sign area allowed shall be permitted on each face of the sign. Where the sign has more than two sides, all faces shall be limited to the total area permitted on double-faced signs, meaning that the total sign area allowed will decrease with additional faces." Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 E2ET I c, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Beth Handrich,Planning Intern SUBJECT: Text Amendment Regarding Residential Uses in the B3 Zone DATE: August 19, 1997 INTRODUCTION The City of Shakopee has initiated a text amendment regarding residential uses in the Central Business(B3)Zone. Staff has proposed to add language to SEC 11.40(Central Business Zone), Subd. 3.E to eliminate a potential overlapping of interpretation of uses. The August 7, 1997 staff report has been attached for the Council's reference. ALTERNATIVES 1. Approve the text amendment as presented. 2. Approve the text amendment with revisions. 3. Do not approve the text amendment. 4. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission approved the text amendment as presented. ACTION REQUESTED Offer Ordinance No. 498,and move its approval. s eth Handrich Planning Intern i:\commdev\cc\1997\cc0819\b3zoneta.doc CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Beth Handrich,Planning Intern • SUBJECT: Text Amendment Regarding Residential Uses in the B3 Zone DATE: August 7, 1997 INTRODUCTION City Code currently states in SEC 11.40. (Central Business Zone) Subd. 2. E that"dwellings when combined with another permitted use"are permitted; Subd. 3. E states that"multiple- family dwellings"are a conditional use. Staff believes that because the language of the conditional use is rather vague,there is a potential overlapping of interpretation between these two uses. Staff is proposing that an amendment be made in order to eliminate this overlapping. DISCUSSION Staff suggests that by adding language to Subd. 3. E, "multiple family dwellings",the problem of interpretation can be resolved. Thus, staff proposes amending the following section of the City Code in the following manner: City Code Sec. 11.40 (Central Business Zone), Subd. 3 (Conditional Uses),by adding: E. multiple-family dwellings which are not attached to a permitted use Sec 11.83, Subd. 2 of the City Code states"the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings: Criteria#1 That the original zoning ordinance is in error; Finding#1 The original zoning ordinance is in error in that it does not clearly differentiate "dwellings when combined with another permitted use"and "multiple- family dwellings", which allows for a potential overlapping of interpretation. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 Significant changes in community goals and policies have not taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in development patterns have not occurred. Criteria#4 That the Comprehensive Plan requires a different provision. Finding#4 The Comprehensive Plan does not require a different provision,but the proposed amendment is not in conflict with the Comprehensive Plan. ALTERNATIVES 1. Recommend the proposed text amendment as presented. 2. Recommend the text amendment with revisions to the City Council. 3. Do not recommend any proposed text amendment to the City Council. 4. Table the matter for additional information. ACTION REQUESTED Offer and pass a motion recommending approval of the proposed text amendment as presented. Beth Handrich Planning Intern i:\commdev\boaa-pc\1997\aug0M3zoneta.doc ORDINANCE NO. 498 AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA,AMENDING CHAPTER 11,ZONING,SECTION 11.40 (CENTRAL BUSINESS ZONE),SUBD.3.E. THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,ORDAINS: Section 1 -That City Code Chapter 11,Zoning, Sec. 11.40, Central Business Zone, Subd. 3.E is hereby amended by deleting the following entry: "multiple-family dwellings." and by adding the new entry, as set forth below,in its place. "Multiple-family dwellings which are not attached to a permitted use." Section 2 -Effective date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 i , D. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding the Shoreland District DATE: August 19, 1997 INTRODUCTION The City of Shakopee has prepared a proposed text amendment regarding the Shoreland District and Individual Sewage Treatment Systems (ISTS). At its June 19,July 24, and August 7, 1997,meetings,the Planning Commission reviewed the proposed text amendment. A copy of the August 7, 1997,Planning Commission staff memo has been attached for your reference. At the August 7 meeting,the Planning Commission recommended approval of the text amendment, as proposed to the City Council. ALTERNATIVES 1. Approve the text amendment, as proposed. 2. Revise the text amendment, and approve subject to the revisions. 3. Do not approve the text amendment. 4. Table action on this item and request additional information from staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of the text amendment. ACTION REQUESTED Offer Ordinance No. 500, and move its approval. R. Michael Leek Community Development Director i:' ommdevbe\1997\oc0819\shorelnd.doc ORDINANCE NO. 500, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, BY REVISING CITY CODE SECTION 11.54, SHORELAND OVERLAY ZONE(SH) THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.54 (Shoreland Overlay Zone) is hereby amended by deleting the language currently contained within Section 11.54. Section 2 -That City Code Chapter 11, Zoning, Section 11.54 (Shoreland Overlay Zone) is hereby amended by adding the language contained in the attached Exhibit A. Section 3 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Published in the Shakopee Valley News on the day of , 1997 � 8 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment regarding the Shoreland District MEETING DATE: August 7, 1997 ITEM NO.: 8 INTRODUCTION: The Commission continued consideration of at its June 19th and July 10th meetings. Staff has made the suggested changes to the draft (a copy of which is attached), with 2 exceptions. First, Jon Albinson, representing Valley Green Business Park, requested that the definition of"shoreland" be revised to indicate that the shoreland district would be the stated distances from public waters or as mapped by the City. I have discussed this request with Joe Richter of the DNR, and he has indicated to me that this approach is no longer acceptable to that agency. Therefore the suggested change has not been incorporated. Second, there has been discussion of further limiting use of Dean Lake. Staff would like specific direction from the Commission as to whether additional limitation should be in the proposed shoreland ordinance, or if a separate, water use ordinance should be pursued. ALTERNATIVES: 1. Recommend the proposed text amendment and ISTS enforcement policy as presented to the City Council. 2. Recommend the proposed text amendment and ISTS enforcement policy with revisions to the City Council. 3. Recommend denial of the proposed amendment and policy to the City Council. 4. Table the matter for additional information or to have staff incorporate changes directed by the Commission. TXTSHORE.DOC/RML 1 ACTION REQUESTED: Direction from the Commission, in the form of a motion, regarding a proposed amendment and ISTS policy and enforcement program is requested. ° R. Michael Leek Community Development Director TXTSHORE.DOC/RML 2 posi SHAKOPEE June 25, 1997 Pat Lynch, Regional Hydrologist Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55 106 Dear Pat: This letter will Follow up our conversation regarding the City of Shakopee's efforts to adopt new shoreland regulations. On Thursday, June 19th, the Planning Commission opened the public hearing on the proposed ordinance. Because of the extent of the changes, the Commission continued the hearing to July 10th. At the July 10th meeting, city staff will be presenting a proposal for ISTS enforcement. The proposal will include the following elements: • Continuing education of city officials responsible for inspection of individual septic treatment systems; • Adoption ola new ISTS ordinance. It is anticipated that in many relevant respects the ordinance will resemble the changes recently adopted by Scott County, as required by County/ City agreement. • The City currently has in place an ordinance requiring property to hook-up to public sanitary sewer within a set time or when a private system becomes defective. Properties affected by this ordinance will be monitored for compliance. Once reviewed by the Planning Commission, the proposed ordinance and ISTS program will be reviewed by the Council. Consistent with DNR's requirements, staff will request separate action on ISTS, which action can be passed on to DNR. Finally, I am sending separately a city map depicting the shoreland district boundaries. Feel free to call me if you have additional questions. • Very t y yours, R. Michael Leek Community Development Director cc: Shoreland tile COIvL'AL TIY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota. 55370-I351 • 612-443-36=0 • FAX 612-445-6718 ii EXHIBIT A DRAFT Proposed Revisions to City Code Section 11 .54 SHORELAND OVERLAY ZONE (SH) August 1, 1997 Planning Department City of Shakopee 129 South Holmes Shakopee, Minnesota 55379 c:\shorelan\combinatdoc SHORECOV.DOC/RML 1 TABLE OF CONTENTS SECTIONS PAGE Section 1.0 Statutory Authorization & Policy 1 Section 2.0 General Provisions& Definitions 1 Section 3.0 Administration 3.1 Permits Required 6 3.2 Certificates of Zoning Compliance 6 3.3 Variances 6 3.4 Notifications to DNR 7 Section 4.0 Shoreland Classifications and Land Use Districts 4.1 Shoreland Classification System 7 4.2 Land Use District Descriptions 8 Section 5.0 Zoning and Water Supply/Sanitary Provisions 5.1 Lot Area and Width Standards 12 5.2 Placement, Design, and Height of Structures 15 5.3 Shoreland Alterations 18 5.4 Placement and Design of Roads, Driveways and Parking Areas 21 5.5 Stormwater Management 21 5.6 Special Provisions for: -Commercial, Industrial, Public and Semipublic Uses 22 -Agricultural Uses .: 23 5.7 Conditional Uses 23 5.8 Water Supply and Sewage Treatment 24 Section 6.0 Nonconformities 6.1 Construction on Nonconforming Lots of Record 25 6.2 Additions/Expansions to Nonconforming Structures 25 6.3 Nonconforming Sewage Treatment Systems 25 APPENDICES PAGE Appendix A Ordinance Certification Checklist A-1 SHORECOV.DOC/RML 2 SECTION 1.0 -STATUTORY AUTHORIZATION AND POLICY 1.1 Statutory Authorization This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500 -6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. 1.2 Policy The uncontrolled use of shorelands of Shakopee, Minnesota affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Shakopee, Minnesota. SECTION 2.0 -GENERAL PROVISIONS AND DEFINITIONS 2.1 Jurisdiction The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 4.0 of this ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance. 2.2 Compliance The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. 2.3 Enforcement The Zoning Official is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor 1 and shall be punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity pursuant to Section 3.1 of this ordinance. 2.4 Interpretation In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. 2.5 Severability If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 2.6 Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give-this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. 2.711 "Accessory structure" or "facility": Any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks. 2.712 "Bluff': A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high water level of the waterbody; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and (4) The slope must drain toward the waterbody. 2.713 "Bluff impact zone": A bluff and land located within 20 feet from the top of a bluff. 2 2.714 "Boathouse": A structure designed and used solely for the storage of boats or boating equipment. 2.715 "Building line": A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. 2.716 "Commercial use": The principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. 2.717 "Commissioner": The commissioner of the Department of Natural Resources. 2.718 "Conditional use" : A land use or development as defined by ordinance that would not be appropriate generally, but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood. 2.719 "Deck": A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground. 2.720 "Duplex," triplex," and "quad" : A dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. 2.721 "Dwelling site": A designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. 2.722 "Dwelling unit": Any structure or portion of a structure, or other shelter designed as short- or long-term living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins. 2.723 "Extractive use": The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. 2.724 "Forest land conversion": The clear cutting of forested lands to prepare for a new land use other than re-establishment of a subsequent forest stand. 2.725 "Hardship": "Hardship" means the same as that term is defined in Minnesota Statutes, Chapter 462. 2.726 "Height of building": The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. 3 2.727 "Industrial use": The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. 2.728 "Intensive vegetation cleating": The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. 2.729 "Lot": A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation. 2.730 "Lot width": The shortest distance between lot lines measured at the midpoint of the building line. 2.731 "Nonconformity": Any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. 2.732 "Ordinary high water level": The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. 2.733 "Planned Unit Development": A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. 2.734 "Planned Unit Developments, Commercial": These are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service-oriented activities are commercial Planned Unit Developments. 2.735 "Planned Unit Developments, Residential": A use where the nature of residency is nontransient and the major or primary focus of the development is not service-oriented. For example, residential apartments, manufactured home parks, 4 time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential Planned Unit Developments. To qualify as a residential Planned Unit Development, a development must contain at least five dwelling units or sites. 2.736 "Public waters": Any waters as defined in Minnesota Statutes, section 103G.005, subdivisions 14 and 15. 2.737 "Semipublic use": The use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. 2.738 "Sensitive resource management": The preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. 2.739 "Setback": The minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. 2.740 "Sewage treatment system": A septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section 5.8 of this ordinance. 2.741 "Sewer system": Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. 2.742 "Shore impact zone": Land located`between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. 2.743 "Shoreland": Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. 2.744 "Significant historic site": Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. 5 2.745 "Steep slope": Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. 2.746 "Structure": Any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. 2.747 "Subdivision": Land that is divided for the purpose of sale, rent, or lease, including Planned Unit Developments. 2.748 "Surface water-oriented commercial use": The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. 2.749 "Toe of the bluff': The lower point of a 50-foot segment with an average slope exceeding 18 percent. 2.750 "Top of the bluff': The higher point of a 50-foot segment with an average slope exceeding 18 percent. 2.751 "Variance": The same as that term is defined or described in Minnesota Statutes, Chapter 462. 2.752 "Water-oriented accessory structure or facility": A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. 2.753 "Wetland": A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition). SECTION 3.0 -ADMINISTRATION 3.1 Permits Required 3.11 A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Section 5.3 of this ordinance. Application for a permit shall be made to the Building Official on the forms provided. The application shall include the 6 necessary information so that the Building Official can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. 3.12 A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Section 5.8, shall be reconstructed or replaced in accordance with the provisions of this ordinance. 3.2 Certificate of Zoning Compliance The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in Section 3.1 of this ordinance. This certificate will specify that the use of land conforms to the requirements of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in Section 2.3 of this ordinance. 3.3 Variances 3.31 Variances may only be granted in accordance with Minnesota Statutes, Chapter 462. A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Board of Adjustment and Appeals and Appeals must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. 3.32 The Board of Adjustment and Appeals and Appeals shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Section 3.42 below shall also include the Board of Adjustment and Appeals and Appeal's summary of the public record / testimony and the findings of facts and conclusions which supported the issuance of the variance. 3.33 For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. 3.4 Notifications to the Department of Natural Resources 3.41 Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions must include copies of the proposed subdivision. 7 3.42 A copy of approved amendments and subdivisions, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten (10) days of final action. 4.0 -SHORELAND CLASSIFICATION SYSTEM AND LAND USE DISTRICTS 4.1 Shoreland Classification System The public waters of the City of Shakopee have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Scott County, Minnesota. 4.11 The shoreland area for the waterbodies listed in sections 4.12 and 4.13 shall be as defined in section 2.744 and as shown on the Official Zoning Map. 4.12 Lakes Protected Waters A. Natural Environment Lakes Inventory I.D. No. Blue Lake I.D. No. 70-0088 Dean Lake I.D. No. 70-0074 Fisher Lake I.D. No. 70-0087 Rice Lake I.D. No. 70-0025 Unnamed I.D. No. 70-0080 Protected Waters B. Recreational Development Lakes Inventory I.D. No. O'Dowd Lake I.D. No. 70-0095 4.13 Rivers and Streams A. Transition Rivers Legal Description Minnesota River From the West section line of Section 4, Township 115N, Range 22W** B. Agricultural Rivers Legal Description Minnesota River From the border of Scott and LeSueur Counties to the East section line of Section 5, Township 115N, Range 22W** C. Tributary Streams Eagle Creek From Basin 245, Section 13, Township 115, Range 22W to Section 13, Township 115, Range 22W" 8 Unnamed to MN River From Section 2, Township 115, Range 22W to Section 1, Township 115, Range 22W** Unnamed Tributary From Basin 249, Section 23, Township 115, Range 22W to Section 14, Township 115, Range 22W** *All protected watercourses in the City of Shakopee shown on the Protected Waters Inventory Map for Scott County, a copy of which is hereby adopted by reference, not given a classification in Items A-E above shall be considered 'Tributary". 'All from and to locations are subject to actual municipality boundaries. 4.2 Land Use District Descriptions 4.21 Criteria For Designation. The land use districts in Section 4.22, and the delineation of a land use district's boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan and the following criteria, considerations, and objectives: A. General Considerations and Criteria for All Land Uses: (1) preservation of natural areas; (2) present ownership and development of shoreland areas; (3) shoreland soil types and their engineering capabilities; (4) topographic characteristics; (5) vegetative cover; (6) in-water physical characteristics, values, and constraints; (7) recreational use of the surface water; (8) road and service center accessibility; (9) socioeconomic development needs and plans as they involve water and related land resources; (10) the land requirements of industry which, by its nature, requires location in shoreland areas; and (11) the necessity to preserve and restore certain areas having significant historical or ecological value. B. Factors and Criteria for Planned Unit Developments: (1) existing recreational use of the surface waters and likely increases in use associated with Planned Unit Developments; (2) physical and aesthetic impacts of increased density; (3) suitability of lands for the planned unit development approach; (4) level of current development in the area; and (5) amounts and types of ownership of undeveloped lands. 4.22 Land Use District Descriptions. The land use districts provided below, and the allowable land uses therein for the given classifications of waterbodies, shall be properly delineated on the Official Zoning Map for the shorelands of this community. 9 These land use districts are in conformance with the criteria specified in Minnesota Regulation, Part 6120.3200, Subp. 3: (Note: Include either the following tables of land use districts by classification, modified tables meeting state standards or a reference to an existing ordinance with land use descriptions meeting state standards.) A. Land Use Districts For Lakes Recreational Natural Development Environment Lakes Lakes (1) Special Protection District - Uses -Forest management P P -Sensitive resource management P P -Agricultural: cropland and pasture P P -Agricultural feedlots C C -Parks and historic sites C C -Extractive use C C -Single residential C C -Mining of metallic minerals and peat P P (2) Residential District - Uses -Single residential P P -Semipublic C C -Parks & historic sites C C -Extractive use C C -Duplex, triplex, quad residential C C -Forest management P P -Mining of metallic minerals and peat P P (3) High Density Residential District - Uses -Residential Planned Unit Developments C C -Single residential P P -Surface water oriented commercial* C C -Semipublic C C -Parks & historic sites C C -Duplex, triplex, quad residential P C -Forest management P P (4) Water Oriented Commercial District- Uses -Surface water-oriented commercial P C -Commercial planned unit development** C C -Public, semipublic C C -Parks & historic sites C C -Forest management P P *As accessory to a residential planned unit development. 10 **Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance are satisfied. (5) General Use District- Uses -Commercial P C -Commercial planned unit Development** C C -Industrial C N -Public, semipublic P C -Extractive use C C -Parks & historic sites C C -Forest management P P -Mining of metallic minerals and peat P P B. Land Use Districts for Rivers and Streams Transition Agricultural Tributary (1) Special Protection District - Uses -Forest management P P P -Sensitive resource management P P P -Agricultural: cropland and pa P P P -Agricultural feedlots C C C -Parks and historic sites C C C -Extractive use C C C -Single residential C C C -Mining /metallic minerals and peat P P P (2) Residential District - Uses -Single residential P P P -Semipublic C C P -Parks and historic sites C C P -Extractive use C C C -Duplex, triplex, quad residential C P C -Forest management P P P -Mining / metallic minerals and peat P P P *As accessory to a residential planned unit development. **Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance are satisfied. (3) High Density Residential- Uses -Residential planned unit dev. C C C -Single residential P P P -Surface water oriented commercial* C C C 11 -Semipublic C C C -Parks and historic sites C C C -Duplex, triplex, quad residential C C C -Forest management P P P (4) Water-oriented Commercial- Uses -Surface water-oriented commercial C C C -Commercial planned unit dev.* C C C -Public, semipublic P P P -Parks and historic sites C C C -Forest management P P P (5) General Use District - Uses -Commercial C P C -Commercial planned unit dev.'"`" C C C -Industrial N C C -Public, semipublic C P C -Extractive use C C C -Parks and historic sites C C C -Forest management P P P -Mining / metallic minerals and peat P P P *As accessory to a residential planned unit development *"Limited expansion of a commercial planned unit development involving up to six additional dwelling units or sites may be allowed as a permitted use provided the provisions of Section 8.0 of this ordinance are satisfied. 4.23 Use and Upgrading of Inconsistent Land Use Districts. A. The land use districts adopted in Ordinance Number , Section , as they apply to shoreland areas, and their delineated boundaries on the Official Zoning designation criteria specified in Map, are not consistent with the land districtuse g p Section 4.22 herein. These inconsistent land use district designations may continue until revisions are proposed to change either the land use district designation within an existing land use district boundary shown on the Official Zoning Map or to modify the boundary of an existing land use district shown on the Official Zoning Map. B. When a revision is proposed to an inconsistent land use district provision, the following additional criteria and procedures shall apply: (1) For Lakes. When a revision to a land use district designation on a lake is considered, the land use district boundaries and use provisions therein for all the shoreland areas within the jurisdiction of this ordinance on said lake must be revised to make them substantially compatible with the framework in Sections 4.21 and 4.22 of this ordinance. (2) For Rivers and Streams. When a revision to a land use district designation on a river or stream is proposed, the land use district boundaries and the use provisions therein for all shoreland on both sides of the river or stream within the same 12 classification within the jurisdiction of this ordinance must be revised to make them substantially compatible with the framework in Sections 4.21 and 4.22 of this ordinance. If the same river classification is contiguous for more than a five-mile segment, only the shoreland for a distance of 2.5 miles upstream and downstream, or to the class boundary if closer, need be evaluated and revised. C. When an interpretation question arises about whether a specific land use fits within a given "use" category, the interpretation shall be made by the Board of Adjustment and Appeals. When a question arises as to whether a land use district's boundaries are properly delineated on the Official Zoning Map, this decision shall be made by the Shakopee City Council. D. When a revision is proposed to an inconsistent land use district provision by an individual party or landowner, this individual party or landowner will only be responsible to provide the supporting and/or substantiating information for the specific parcel in question. The Shakopee City Council will direct the Zoning Administrator to provide such additional information for this waterbody as is necessary to satisfy Items A and B. E. The Shakopee City Council must make a detailed finding of fact and conclusion when taking final action that this revision, and the upgrading of any inconsistent land use district designations on said waterbody, are consistent with the enumerated criteria and use provisions of Section 4.2. 5.0 -ZONING AND WATER SUPPLY/SANITARY PROVISIONS 5.1 Lot Area and Width Standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river/stream classifications are the following: 5.11 Unsewered Lakes A. Natural Environment: Riparian Lots Nonriparian Lots Area Width Area Width Single 80,000 200 80,000 200 Duplex 120,000 300 160,000 400 Triplex 160,000 400 240,000 600 Quad 200,000 500 320,000 800 B. Recreational Development: Riparian Lots Nonriparian Lots Area Width Area Width Single 40,000 150 40,000 150 Duplex 80,000 225 80,000 265 13 Triplex 120,000 300 120,000 375 Quad 160,000 375 160,000 490 5.12 Sewered Lakes: A. Natural Environment: Riparian Lots Nonriparian Lots Area Width Area Width Single 40,000 125 20,000 125 Duplex 70,000 225 35,000 220 Triplex 100,000 325 52,000 315 Quad 130,000 425 65,000 410 B. Recreational Development: Riparian Lots Nonriparian Lots Area Width Area Width Single 20,000 75 15,000 75 Duplex 35,000 135 26,000 135 Triplex 50,000 195 38,000 190 Quad 65,000 255 49,000 245 5.13 River/Stream Lot Width Standards. There is no minimum lot size requirement for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the six river/stream classifications are: Transition Agricultural Urban &Tributary No sewer Sewer Single 250 150 100 75 Duplex 375 225 150 115 Triplex 500 300 200 150 Quad 625 375 250 190 5.14 Additional Special Provisions. A. Residential subdivisions with dwelling unit densities exceeding those in the tables in Sections 5.12 and 5.13 can only be allowed if designed and approved as residential Planned Unit Developments under Section 8.0 of this ordinance. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in Section 5.12 can only be used if publicly owned sewer system service is available to the property. B. Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also meet the following standards: 14 (1) each building must be set back at least 200 feet from the ordinary high water level; (2) each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building; (3) watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and (4) no more than 25 percent of a lake's shoreline can be in duplex, triplex, or quad developments. C. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards: (1) they must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots. (2) If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot,- then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table: Controlled Access Lot Frontage Requirements Ratio of lake size Required increase to shore length in frontage (acres/mile) (percent) Less than 100 25 100-200 20 201-300 15 301-400 10 Greater than 400 5 (3) they must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and (4) covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable 15 locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. D. The use of motorized watercraft (including but not limited to boats powered by inboard and outboard motors and jet skis) is prohibited on natural environment lakes. 5.2 Placement, Design, and Height of Structures. 5.21 Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows. A. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water Level*. Setback? Classes of Public Structures Sewage Treatment Waters Unsewered Sewered System Lakes Natural Environment 150 150 150 Recreational Development 100 75 75 Rivers Transition 150 150 100 Agriculture and Tributary 100 50 75 *One water-oriented accessory structure designed in accordance with Section 5.22 of this ordinance may be set back a minimum distance of ten (10) feet from the ordinary high water level. B. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: Setback From: Setback(in feet) (1) top of bluff; 30 16 (2) unplatted cemetery; 50 (3) right-of-way line of 50 federal, state, or county highway; and (4) right-of-way line of 20 town road, public street, or other roads or streets not classified. C. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. D. Uses Without Water-oriented Needs. Uses without water-oriented needs must be located on lots or parcels without public water frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. 5.22 Design Criteria For Structures. A. High Water Elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood-proofed must be determined as follows:. (1) for lakes, by placing the lowest floor at a level at least one (1) foot above the highest known water level, or one (1) feet above the ordinary high water level, whichever is higher; (2) by placing for rivers and streams, lacin the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and (3) water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration 17 flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. B. Water-oriented Accessory Structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in Section 5.21 of this ordinance if this water-oriented accessory structure complies with the following provisions: (1) the structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point; (2) the setback of the structure or facility from the ordinary high water level must be at least ten feet; (3) the structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; (4) the roof may be used as a deck-with safety rails, but must not be enclosed or used as a storage area; (5) .the structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and (6) as an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment,,may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements: (1) stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and Planned Unit Developments; (2) landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and Planned Unit Developments; (3) canopies or roofs are not allowed on stairways, lifts, or landings; 18 (4) stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; (5) stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and (6) facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of sub-items (1) to (5) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. D. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. E. Steep Slopes. The Building Official and/or the City Engineer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. 5.23 Height of Structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed thirty-five (35) feet in height. 5.3 Shoreland Alterations Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 5.31 Vegetation Alterations. A. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Section 5.4 of this ordinance are exempt from the vegetation alteration standards that follow. B. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Sections 5.62 and 5.63, respectfully, is allowed subject to the following standards: 19 (1) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. (2) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: (a) the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; (b) along rivers, existing shading of water surfaces is preserved; and (c) the above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. 5.32 Topographic Alterations/Grading and Filling. A. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. B. Public roads and parking areas are regulated by Section 5.4 of this ordinance. C. Notwithstanding Items A. and B. above, a grading and filling permit will be required for: (1) the movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and (2) the movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. D. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: (1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*: 20 (a) sediment and pollutant trapping and retention; (b) storage of surface runoff to prevent or reduce flood damage; (c) fish and wildlife habitat; (d) recreational use; (e) shoreline or bank stabilization; and (f) noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. *This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; (3) Mulches or similar materials must be used, where necessary; for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; (6) Fill or excavated material must not be placed in a manner that creates an unstable slope; (7) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; (8) Fill or excavated material must not be placed in bluff impact zones; (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, section 103G.005; (10) Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and 21 (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. E. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. 5.4 Placement and Design of Roads, Driveways, and Parking Areas. 5.41 Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water. conservation district, or other applicable technical materials. 5.42 Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. 5.43 Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of Section 5.32 of this ordinance must be met. 5.5 Stormwater Management. The following general and specific standards shall apply: 5.51 General Standards: A. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. B. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. C. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as 22 diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. 5.52 Specific Standards: A. Impervious surface coverage of lots must not exceed 25 percent of the lot area. B. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. C. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. 5.6 Special Provisions for Commercial, Industrial, Public / Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat. 5.61 Standards for Commercial, Industrial, Public, and Semipublic Uses. A. Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards: (1) in addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; (2) uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and (3) uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: (a) no advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff; (b) signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of 23 goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and (c) other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. 5.62 Agriculture Use Standards. A. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. B. Animal feedlots must meet the following standards: (1) new feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins; and (2) modifications or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones. 5.7 Conditional Uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community-wide. The following additional evaluation criteria and conditions apply within shoreland areas: 5.71 Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure: (1) the prevention of soil erosion or other possible pollution of public waters, both during and after construction; (2) the visibility of structures and other facilities as viewed from public waters is limited; 24 (3) the site is adequate for water supply and on-site sewage treatment; and (4) the types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. 5.72 Conditions attached to conditional use permits. The Board of Adjustment and Appeals, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (1) increased setbacks from the ordinary high water level; (2) limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and (3) Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. 5.8 Water Supply and Sewage Treatment 5.81 Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 5.82 Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows: A. Publicly-owned sewer systems must be used where available. B. All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080", a copy of which is hereby adopted by reference and declared to be a part of this ordinance. C. On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in Section 5.21 of this ordinance. D. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in sub-items (1)-(4). If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations. Evaluation criteria: (1) depth to the highest known or calculated ground water table or bedrock; (2) soil conditions, properties, and permeability; (3) slope; 25 (4) the existence of lowlands, local surface depressions, and rock outcrops; E. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with section 6.13 of this ordinance. SECTION 6.0 - NONCONFORMITIES All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: 6.1 Construction on nonconforming lots of record. A. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Section 5.1 of this ordinance may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. B. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment and Appeals shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. C. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section 5.1 of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Section 5.1 of this ordinance as much as possible. 6.2 Additions/expansions to nonconforming structures. A. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements requirements these mmust be of Section 5.0 of this ordinance. Any deviation from authorized by a variance pursuant to Section 3.3. B. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (1) the structure existed on the date the structure setbacks were established; 26 (2) a thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; (3) the deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and (4) the deck is constructed primarily of wood, and is not roofed or screened. 6.3 Nonconforming sewage treatment systems. A. A sewage treatment system not meeting the requirements of Section 5.8 of this ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. B. The governing body of the City of Shakopee has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. The City of Shakopee will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed 2-years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 105.485, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming. SECTION 7.0 -SUBDIVISION PROVISIONS 7.11 Land suitability. Each lot created through subdivision, including Planned Unit Developments authorized under Section 8.0 of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. 7.12 Consistency with other controls. Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a 27 subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Sections 5.2 and 5.8 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Section 5.1, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved. 7.13 Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following: (1) topographic contours at ten foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics; (2) the surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; (3) adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; (4) information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; 28 (5) location of 100-year flood plain areas and floodway districts from existing adopted maps or data; and (6) a line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. 7.14 Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. 7.15 Platting. All subdivisions that create five or more lots or parcels that are 2-1/2 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision. 7.16 Controlled Access or Recreational Lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in Section 5.14 of this ordinance. 8.0 - PLANNED UNIT DEVELOPMENTS (PUD's) 8.1 Types of PUD's Permissible Planned Unit Developments (PUD's) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in Section 4.2 of this ordinance and the official zoning map. 8.2 Processing of PUD's Planned Unit Developments must be processed as a conditional use, except that an expansion to an existing commercial PUD involving 6 or less new dwelling units or sites since the date this ordinance was adopted is permissible as a permitted use provided the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in Section 8.5. Approval cannot occur until the environmental review process (EAW/EIS) is complete. 8.3 Application for a PUD The applicant for a PUD must submit the following documents prior to final action being taken on the application request: 8.31 A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, land alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten-foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must 29 indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two. 8.32 A property owners association agreement (for residential PUD's) with mandatory membership, and all in accordance with the requirements of Section 8.6 of this ordinance. 8.33 Deed restrictions, covenants, permanent easements or other instruments that: 1) properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUD's; and 2) ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in Section 8.6 of this ordinance. 8.34 When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied. 8.35 Those additional documents as requested by the Zoning Official that are necessary to explain how the PUD will be designed and will function. 8.4 Site "Suitable Area" Evaluation Proposed new or expansions to existing Planned Unit Developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in Section 8.5. 8.41 The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: Shoreland Tier Dimensions Unsewered Sewered Recreational development lakes 267 feet 267 feet Natural environment lakes 400 feet 320 feet All river classes 300 feet 300 feet 8.42 The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial planned unit development density evaluation steps to arrive at an allowable number of dwelling units or sites. 8.5 Residential and Commercial PUD Density Evaluation The procedures for determining the "base" density of a PUD and density increase multipliers are as follows. Allowable densities may be transferred from any tier to any other tier further from the waterbody, but must not be transferred to any other tier closer. 30 8.51 Residential PUD "Base" Density Evaluation: A. The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling units or sites for the residential Planned Unit Developments are then compared with the tier, density, and suitability analyses herein and the design criteria in Section 8.6 8.52 Commercial PUD"Base" Density Evaluation: A. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space. B. Select the appropriate floor area ratio from the following table: Commercial Planned Unit Development Floor Area Ratios* Public waters classes Recreational *Average development unit floor Agricultural lakes and Natural area (sq. and tributary transition environment ft.) river segments river segments lakes 200 .040 .020 .010 300 .048 .024 .012 400 .056 .028 .014 500 .065 .032 .016 600 .072 .038 .019 700 .082 .042 .021 800 .091 .046 .023 900 .099 .050 .025 1,000 .108 .054 .027 1,100 .116 .058 .029 1,200 .125 .064 .032 1,300 .133 .068 .034 1,400 .142 .072 .036 1,500 .150 .075 .038 *For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured 31 home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000 square feet. C. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. D. Divide the total floor area by tier computed in Item C. above by the average inside living area size determined in Item A. above. This yields a base number of dwelling units and sites for each tier. E. Proposed locations and numbers of dwelling units or sites for the commercial planned unit development are then compared with the tier, density and suitability analyses herein and the design criteria in Section 8.6. 8.53 Density Increase Multipliers: A. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in Section 5.0 are met or exceeded and the design criteria in Section 8.6 are satisfied. The allowable density increases in Item B. below will only be allowed if structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback, or the impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the local unit of government and the setback is at least 25 percent greater than the minimum setback. B. Allowable Dwelling Unit or Dwelling Site Density Increases for Residential or Commercial Planned Unit Developments: Density evaluation tiers Maximum density increase within each tier(percent) First 50 Second 100 Third 200 Fourth 200 Fifth 200 8.6 Maintenance and Design Criteria 8.61 Maintenance and Administration Requirements. A. Before final approval of a planned unit development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. B. Open space preservation. Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent 32 means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections: (1) commercial uses prohibited (for residential PUD's); (2) vegetation and topographic alterations other than routine maintenance prohibited; (3) construction of additional buildings or storage of vehicles and other materials prohibited; and (4) uncontrolled beaching of watercraft prohibited. C. Development organization and functioning. Unless an equally effective alternative community framework is established, when applicable, all residential Planned Unit Developments must use an owners association with the following features: (1) membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; (2) each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; • (3) assessments must be adjustable to accommodate changing conditions; and (4) the association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. 8.62 Open Space Requirements. Planned Unit Developments must contain open space meeting all of the following criteria: (1) at least 50 percent of the total project area must be preserved as open space; (2) dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space; (3) open space must include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries; (4) open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; (5) open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; (6) open space must not include commercial facilities or uses, but may contain water-oriented accessory structures or facilities; (7) the appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and (8) the shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUD's, at least 50 percent of the 33 shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUD's, at least 50 percent of the shore impact zone must be preserved in its natural state. 8.63 Erosion Control and Stormwater Management. Erosion control and stormwater management plans must be developed and the PUD must: (1) be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impacts on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and (2) be designed and constructed to effectively manage reasonably expected quantities and qualities of stormwater runoff. Impervious surface coverage within any tier must not exceed 25 percent of the tier area, except that for commercial PUD's 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with an approved stormwater management plan and consistency with Section 5.3. 8.64 Centralization and Design of Facilities. Centralization and design of facilities and structures must be done according to the following standards: (1) Planned Unit Developments must be connected to publicly owned water supply and sewer systems, if available. On-site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and Sections 5.2 and 5.8 of this ordinance. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system; (2) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with Section 8.53 of this ordinance for developments with density increases; (3) Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps, must be 34 centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; (4) Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided; (5) Accessory structures and facilities, except water oriented accessory structures, must meet the required principal structure setback and must be centralized; and (6) Water-oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Section 5.2 of this ordinance and are centralized. 8.7 Conversions Local governments may allow existing resorts or other land uses and facilities to be converted to residential Planned Unit Developments if all of the following standards are met: 8.71 Proposed conversions must be initially evaluated using the same procedures for residential Planned Unit Developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. 8.72 Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the conditional use permit. 8.73 Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following: (1) removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; 35 (2) remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and (3) if existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. 8.74 Existing dwelling unit or dwelling site densities that exceed standards in Section 8.5 may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. 36 APPENDIX A ORDINANCE CERTIFICATION CHECKLIST CITY OF SHAKOPEE - SCOTT COUNTY, MINNESOTA Once all the below listed tasks are completed, please sign and return the checklist and all required documents to the appropriate DNR area hydrologist. 1. Date of published hearing notice. 2. Date of postmark of hearing notice to commissioner of the Department of Natural Resources/area hydrologist. 3. Date of hearing(s). 4. Date of ordinance adoption. 5. If ordinance is published in entirety, date and affidavit of newspaper publication of adopted ordinance. (Include three copies of ordinance.) 6. If only ordinance summary published, date and affidavit of newspaper publication of ordinance title and summary along with certified copy of adopted ordinance in its entirety from the City Clerk. (Include three copies of ordinance.) 7. Date of official filing of adopted ordinance with County Recorder ( record book number / page number). 8. Yes X NoBoard of Adjustment and Appeals has been established? Signature of City Clerk 37 CONSENT / f CITY OF SHAKOPEE Memorandum To: Mark McQuillan,Director of Parks and Recreation From: Ron T. Stellmaker,Facility Manager Subject: Dasher Board Advertising(Arena) Date: 8/5/97 INTRODUCTION The Shakopee Hockey Association and staff have been discussing the possibility of a joint venture between the Association and the City/Community Center in regards to selling and displaying advertising on the dasher boards in the Community Center hockey arena. BACKGROUND Currently in the arena there is banner advertising on the south wall of the arena. All sales and installation of these ads where conducted by staff. The ads involved in this agreement would be placed on the dasher boards and would have a Plexiglas cover. This type of advertising is becoming a very popular form of advertising in many other local arenas. It has proven to be another good source of income for these arenas. The proposed agreement would contain the following conditions. 1. Shakopee Hockey Association would purchase the plexiglass cases for the ads. ($135.00 each) 2. The Association will sell and promote the ad space. 3. No Staff time involved or cost to the Community Center except for installation time. 4. 60/40 split of total sales revenue. The City would receive 60%of total revenue and the Association would receive 40%of the total revenue for their efforts. 5. The ads would be sold for$1,000.00 per ad,per year. 6. The agreement would be for one year and negotiable for the following year. S 0 , 8 4 Overall this would be a win,win deal for the City and the Hockey Association. There is no risk involved for the City/Community Center due to the fact that the Hockey Association is purchasing all the supplies and selling the ads. At the July meeting of the Parks and Recreation Board,the board recommended to the City Council to approve a dasher board advertising agreement with the Shakopee Hockey Association. ALTERNATIVES 1. Move to direct staff to draft an agreement between the City of Shakopee and the Shakopee Hockey Association to have advertising on the dasher boards in the Community Center Arena. 2. Do not have advertising on the dasher boards in the Community Center Arena. 3. Table information pending further information from staff. STAFF RECOMMENDATION Staff recommends alternative#1 ACTION REQUESTED Move to direct staff to draft an agreement between the City of Shakopee and the Shakopee Hockey Association to have advertising on the dasher boards in the Community Center Arena. CONSENT i Y. 3 . ,. CITY OF SHAKOPEE Memorandum To: Mark McQuillan, Director of Parks and Recreation From: Ron Stellmaker, Facilities Manager Subject: Water Treatment System Date: 8/13/97 INTRODUCTION Over the past year it has come to the attention of the staff that there is a great need for a water treatment system in the Community Center Arena. As a result of mechanical problems over the past two weeks it has come imperative that a water treatment system be installed as soon as possible. BACKGROUND The refrigeration system in the arena uses City water for part of the cooling process. This process effects the four compressors that power the refrigeration system and it's cooling efficiency. As you may know,the City's water is very hard and contains a lot of lime. Over the past two years staff has tried to combat these lime deposits by acid washing the system every other week using a descaling acid. This has been a very unhealthy process for staff and has not been efficient enough in removing the lime deposits in the refrigeration unit. Over the last week staff had to shut down the refrigeration unit and replace one of the units compressors as a result of these lime deposits. This resulted in lost revenues, increased staff time and a repair cost of$4,800.00. To prevent this from happening in the future, staff is recommending the installation of a water treatment system. The following is a list of to quotes that staff has received. 1. Fremont Industries Equipment- $1,255.00 Chemicals- $599.45 Total - $1,854.45 2. Owens Services Equipment- $1,635.00 Chemicals- $1,318.54 Total- $2,953.54 The chemicals would need to be purchased on a yearly bases and that cost could fluctuate depending on water consumption. If a water treatment system is not installed in the immediate future,there is a great risk of more high maintenance costs and lost revenue. 41. ALTERNATIVES 1. Recommend that City Council move to authorize the appropriate City officials to purchase a water treatment system for the Community Center Arena from Fremont Industries at a cost of$1,854.45. 2. Do not purchase a water treatment system for the Community Center Arena. 3. Table information pending further information from staff. ACTION REQUESTED Recommend that City Council move to authorize the appropriate City officials to purchase a water treatment system for the Community Center Arena from Fremont industries at a cost of$1,854.45 CONSENT / yaC . I . CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Resolution Authorizing Application to Metropolitan Council for Planning Assistance Grant. MEETING DATE: August 19, 1997 INTRODUCTION: On July 21, 1997, staff submitted a request for an assistance grant in the amount of$18,000 to assist the City in completing the comprehensive plan amendments to be completed by December 31, 1998. It is proposed that the funds,if granted,would be used to complete the following plan elements; 1. Housing, 2. Water, 3. Parks and Open Space, 4. I Tistoric Preservation. Before acting on the request,the Metropolitan Council requires that the Council approve a resolution authorizing the application. ALTERNATIVES: 1) Approve Resolution No. 4719,A Resolution Authorizing Application for a Metropolitan Council Planning Assistance Grant,as presented. 2) Approve Resolution No. 4719, A Resolution Authorizing Application for a Metropolitan Council Planning Assistance Grant, as with revisions. 3) Do not approve Resolution No. 4719, and direct staff to notify the Metropolitan council that the grant application is being withdrawn. STAFF RECOMMENDATION: Staff recommends Alternative No. 1. PLANGRNT.DOC/I 1 ACTION REQUESTED: Offer and approve Resolution No. 4719, a Resolution Authorizing Application for a Metropolitan Council Planning Assistance Grant R. Michael Leek Community Development Director PLANGRNT.DOC/I 2 RESOLUTION NO.4719 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT WHEREAS,Minnesota Statutes Sec. 473.851 requires local units of government to prepare local comprehensive plans with land use controls that are consistent with planned, orderly and staged development and with metropolitan systems plans; WHEREAS,Minnesota Statutes Secs. 473.854 and 473.867 authorize the Metropolitan Council to prepare and adopt guidelines establishing uniform procedures for the award and disbursement of planning assistance grants and loans;and WHEREAS,Minnesota Statutes Sec. 473.867 authorizes the Metropolitan Council to give funding to local units of government to review and amend their local comprehensive plans, fiscal devices and official controls;and WHEREAS,the city requires a planning assistance grant to complete comprehensive planning activities, specifically; • Housing, • Water Planning, • Parks and Open Space, and • Historic Preservation. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: I. That the City Administrator is hereby authorized to submit an application to the Metropolitan Council for a planning assistance grant to update and revise the city's comprehensive plan;and II. That a certified copy of this resolution shall be submitted to the Metropolitan Council. 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 PLANGRNT.DOC/I 3 JUL-21 97 07:29 FROM: TO:94456718 PAGE:06/08 • APPENDIX A APPLICATION FOR LOCAL PLANNING ASSISTANCE GRANT Name of Community Name of Contact(Contract Administrator) g. ►1 _ _ .. • Address zq H© ...MES 5r• (City,zip) NA P 5S3 779 Telephone and Pu (1714)496 -9677- (e/i )+iS-67.iB GRANT AMOUNT REQUESTED Total comma mal not exceed 75%of the total cost of the work program. 15:3 CYY FUNDING CRITI RIA AND OBJECTIVES 'I. ilAtiaassas *Itegio •Giidi�rat 0sn, , . .. - ab�.1 Y .7L us,.. . : �'t .�R--..._ sur � • ". �... < T+.a •tea> 5�. .craa:.- ���•�,-cavi �� .. ...�».... . . ....«... .:�»st: M1wR�aSiw_r;.�s„re- _. _ • Does your community include the Illustrative 2020 MUSA? • Does your community include the Urban Reserve? • Is your community within the Redevelopment Area or Inner Ring? (Miwieapoliqaint Paul Zand adjacent suburbs.) TIC� i r _ r.. � �n 419r { m. !�•mni -� ••�•`Y 5, ...n 7 ,.r• ? �ci 6p�o drle i ' r�t 3i. ur' - :.`� 6 ».�. ..'r+. ���e i" r_ r s..•.., . • Do you have Regional Wastewater Inflow and Infiltration Reduction Goals? YE: • Are you required to prepare a Local Water Management Plan? (Only if watershed management organization has completed a management plan) Yf • Have you adopted Transportation Initiatives?(Trails,Transit,Park and Ride,etC • .3.. 1�i�WYiw`•ji iD ��i ;eK..�L. _� rr`wr r :a- x-r-i3F r-- st-- r [L: _ ;•2',"'- • Will you include Compact Design and Mixed Use Development? YES • Will you include Life Cycle Housing? 'YF 4. 'Relationahfp to .. Econo p : r fs r r .Jp a 3sis'cs 4 J- pokily � -- ... t...s-i(:;••'._ • Will you include Economic Development in Transportation and Transit Corridors? Y • Will you include Economic Redevelopment Plans or Policies? Yl<� • Will you identify Economic Development in Brownfield Redevelopment Areas? 1•1/` 5 JUL-21 97 07:30 FROM: TO:94456718 PAGE:07'08 APPLICATION FOR LOCAL PLANNING ASSISTANCE GRANT Page 2 5. Relationship to Life Cycle-Housing: ;~L t t e J T 9T3«J[T) � Jaz•'J�alfiT.,.j=am • Are you, or will you be a Livable Communities Participant,or have a Life C cle Hous'' _ Plan? .._ .4,,. • Will your ordinances provide oppotttmities for Life Cycle Housing? • Will you develop and implement a plan to nuke rural development densities consistent with the R • Bl • ; ti __ 7� .:1T'C7 3 E..K.I Q .Y'.s : •.�-'. 1 'a1;:E+1J"•-��" 1':.T 'STS ( _ 7 l! 1. • Will you work with neighboring communities to Share Services? 1 to 3 'tnisdictions?More �t w than3 'urisdictions? \ e.5 s+ b 717-7, 4rart 3. OKS"'nr'�. .. ,•''-�' "�"T-' +R,.' 7 L r's. ♦•�'_ `Lt f��, Ts}ii �—•rw �.�iJ, p. + ..r._.. c� :r.c.n...a.�.��ca:.�-�i �.,�F...:s•x'z.'.�'t..?� ..-. -t.� s ..e,..,, sit. • Will you cooperate with neighboring comtutmities to plan for T :on,Sewer Water or Hous'• : Other? ___ f .. s !0_ - L ms`s-..e..+ Y --moi !• _ .""T J J.'.:�'3 1... .J y�� 6�1f1,.Seri 3J,Sr•� 1�JJ�.. •�� 91t.-J1..... PAC J..r3'n„5.,. t _ �+1�,.C -� - -• i • Indicate the loan amount and request loan information by contacting the staff • . • indicated below. Be sure to include the following information: • Attachment A-Work Plan and Budget • Attachment B -Resolution • Attachment C-OntianaLlnformation-Describe unique growth pressures and development issues within your community. • Indicate name and title of city officials or staff having signature authority for the grant agreement. Please submit application to: Linda O'Connor,Office of Local Assistance Metropolitan Council,Mears Park Centre 230 East 5th Street.,Saint Paul,MN 55101-1634 Telephone(612)602-1098 6 APPLICATION FOR LOCAL PLANNING ASSISTANCE GRANT ATTACHMENT A: WORK PLAN AND BUDGET WORK PLAN ELEMENT BUDGET • Public Meetings: * August 7, 1997 * September 4, 1997 * September 18, 1997 • Preparation of Plan Elements: * September 1997 - April 1998 • Land Use • Housing 2,100.00 • Surface Water Management • Solar Access Protection • Public Facilities * Sewer * Transportation * Water 9,000.00 * Parks and Open Space 3,900.00 • Historic Preservation 3,000.00 • Presentation of Public Input/Revised Plan Concepts * September, 1997 • Distribution to Surrounding Jurisdictions * April 1998 • Submission to Metro Council - October 1998 TOTAL $18,000.00 GRANTAPP.DOC/RML 1 APPLICATION FOR LOCAL PLANNING ASSISTANCE GRANT ATTACHMENT B RESOLUTION The Guidelines state that a"...resolution(Attachment B) authorizing application..." should be included. The Shakopee City Council generally allows city staff to exercise broad discretion in making application for funding, although it clearly exercises final judgment regarding entering into grant agreements. Should Metropolitan Council Staff determine that such a resolution is essential, one will be sought from the City Council at it's meeting of August 5, 1997. GRANTAPP.DOC/RML 2 APPLICATION FOR LOCAL PLANNING ASSISTANCE GRANT ATTACHMENT C OPTIONAL INFORMATION (Numbers correlate to question numbers on the application) 1. Relationship to Regional Growth Strategy and Regional Blueprint Completion and opening of the new Bloomington Ferry Bridge and STH 169 have substantially increased land demand in the City of Shakopee. The ability to effectively address these demands is further exacerbated by such factors as development patterns in neighboring communities (Prior Lake and Savage), water supply issues and Shakopee Dakota Community ownership (and possible future trust status) of 580 acres in eastern Shakopee. These, and other, factors pose a significant challenge to the City of Shakopee in its attempt to implement the Strategy and Blueprint in its own planning. 2. Relationship to Regional Systems, and 4. Relationship to Economic Development • The City, and the Shakopee Public Utilities Commission, are actively participating in the Southwest Metro Water Work Group meetings, which are aimed at addressing water supply issues, as well as protection of the Savage Fen, Boiling Springs and Eagle Creek. The results of this effort will be incorporated in the City's own water planning efforts. • The City recently adopted a revised trail plan, and is cooperating with the Minnesota Valley Restoration Project (Murphy's Landing) on an application for ISTEA funds for the restoration of Murphy's Inn, as well as the establishment of a ferry landing. This landing will connect the regional river trail, Shakopee and Eden Prairie local trail elements. • The City currently provides a) express bus service, b) dial-a-ride service and c)van pools. Opportunities to expand theses services and their usefulness are actively being explored with other transit providers and employers. GRANTAPP.DOC/RML 3 C • Pt • CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Beth Handrich, Planning Intern SUBJECT: Best Western Canterbury Inn Appeal of the BOAA's Decision Regarding Application for a 45 foot Sign Variance DATE: August 19, 1997 INTRODUCTION At its July 24, 1997 meeting,the Board of Adjustments and Appeals approved Resolution No. PC97-76, a resolution denying a 45 foot variance to the 20 foot maximum free standing sign height within the Major Recreation(MR)Zone. On August 4, 1997,Mary Elwood of Best Western Canterbury Inn filed an application of appeal to this decision. The July 24, 1997 staff report has been attached for the Council's reference. Since the above mentioned BOAA meeting, a revised legal description has been received. All corrections will be made before time of recording. ALTERNATIVES 1. Approve the variance request. 2. Deny the variance request. 3. Table the matter for additional information. ACTION REQUESTED Make a motion to either approve or deny the appeal request and direct staff to draft a resolution consistent with that determination. eth Handrich Planning Intern i:\commdev\cc\1997\cc0819\sgnvar.doc CITY OF SHAKOPEE Memorandum TO: Board of Adjustments and Appeals FROM: Beth Handrich,Planning Intern SUBJECT: Variance to the Sign Height Regulations of the Major Recreation(MR)Zone DATE: July 24, 1997 SITE INFORMATION Applicant: Best Western Canterbury Inn Location: 1244 Canterbury Road Current Zoning: Major Recreation(MR) Adjacent Zoning: North: Major Recreation(MR) South: STH 169 East: Highway Business (B1) West: Major Recreation(MR) Comp.Plan: 1995: Entertainment Attachments: Exhibit A, Location Map Exhibit B,Letter of Intent Exhibit C, Site Plan INTRODUCTION The Best Western Canterbury Inn has expressed concerns relating to the identification of the business since the reconstruction of STH 169. The applicant feels that,because the highway is at a higher elevation than the building,the visibility and location of the present sign are indistinguishable to travelers on the highway. Because of this,the Best Western Canterbury Inn is requesting a variance of the current sign regulations to erect a free standing sign of 65 feet in height. City Code currently states that free standing signs within the Major Recreation(MR)Zone shall not exceed 20 feet in height; therefore,the Canterbury Inn is requesting a 45 foot variance. is\commdev\boaa-pc\1997\ju124\signvar.doc CONSIDERATIONS Sec. 11.70 (SIGNS), Subd. 10.B. allows one sign structure per street frontage. The Canterbury Inn has one existing sign at the intersection of Secretariat Drive and C.R. 83. This sign conforms to City Code in that it is 18 feet in height(not exceeding the 20 foot maximum height)and it is 150 square feet(not exceeding the 150 square foot maximum). The existing sign is double-sided creating an actual sign area of 300 square feet. In the past, staff has interpreted City Code to mean that this double-sided sign,totaling 300 square feet,would be one sign rather than two. If the Board does not agree with staff's interpretation,please provide clarification. The proposed sign at the intersection of C.R. 83 and STH 169 also meets the sign area requirements of 150 square feet,but as previously mentioned, does not meet the height requirement. Because the Canterbury Inn has double street frontage,two signs are permitted with proper sign permit application,but they must conform to all requirements of City Code unless the applicant can prove that a hardship is present. Sec. 11.89, Subd. 2, of the City Code contains provisions for the granting of variances only if all of the following circumstances are found to exist. Staff has provided findings on each criterion. The Board of Adjustments and Appeals may use or modify these findings as it sees fit: Criterion 1 The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finding 1.A. The property is and can be put to a reasonable use if forced to comply with sign height requirements. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding I.B. The plight of the landowner is not due to circumstances unique to the property, but instead is similar to other businesses located along STH 169. 1.C. The circumstances were not created by the landowner; Finding 1.C. The circumstances were not created by the landowner in that the building was constructed 10 years prior to the construction of STH 169. 1.D. The variance,if granted,will not alter the essential character of the locality; and Finding 1.D. The variance, ifgranted, could lead to similar variances for similarly situated businesses. Such tall signs could alter the essential character of the locality in some aspects. 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding 1.E. The problems do not extend beyond economic considerations, but relate to the economics of this particular business. Criterion 2 It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2 The variance as requested would not be in keeping with the spirit and intent of Chapter 11. Criterion 3 The request is not for a use variance. Finding 3 A variance to sign height is not a use variance. Criterion 4 Conditions to be imposed by the Board of Adjustments and Appeals will insure compliance to protect the adjacent properties. Finding 4 Not applicable if the application does not meet all of the criteria for granting a variance. Criterion 5 Variances in the flood plain overlay zone also shall meet the following criteria: . . . . Finding 5 Not applicable because the property is not within the flood plain overlay zone. ALTERNATIVES 1. Approve Resolution No. PC97-76 denying the variance with findings as recommended by staff. 2. Approve Resolution No. PC97-76 denying the variance with revised findings. 3. Deny Resolution No. PC97-76 and direct staff to draft a resolution of approval granting a 45 foot variance from the 20 foot maximum free standing sign height within the Major Recreation(MR)Zone. 4. Table the decision for additional information. STAFF RECOMMENDATION Staff finds that this application for variance does not comply with Criterion 1A, 1B, 1 E and Criterion 2. Therefore, staff is recommending Alternative No. 1,approval of resolution No. PC97-76, a resolution denying the 45 foot variance to the 20 foot maximum free standing sign height within the Major Recreation(MR)Zone. ACTION REQUESTED Offer approval of Variance Resolution No. PC97-76, a resolution denying a 45 foot variance to the 20 foot maximum free standing sign height within the Major Recreation(MR)Zone. Beth Handrich Planning Intern f, VARIANCE RESOLUTION NO.PC97-76 A RESOLUTION TO THE CITY OF SHAKOPEE,MINNESOTA,DENYING A 45 FOOT VARIANCE TO THE 20 FOOT MAXIMUM FREE STANDING SIGN HEIGHT WITHIN THE MAJOR RECREATION(MR) ZONE WHEREAS,the Best Western Canterbury Inn has filed an application dated June 30, 1997, for a variance under the provisions of Chapter 11,Land Use Regulation(Zoning), of the City of Shakopee City Code, Section 11.70, Subd. 10.B. for a 45 foot variance from the 20 foot maximum free standing sign height within the Major Recreation(MR)Zone; and WHEREAS,this parcel is presently zoned Major Recreation; and WHEREAS,the property upon which the request is being made is legally described as: Lot 2, Block 1, Canterbury Park 4th Addition, except that part shown as Parcel 71 on Minnesota Department of Transportation Right of Way Plats numbered 70-9 and 70-11, Scott County, Minnesota; and WHEREAS,notice was provided and on July 24, 1997,the Board of Adjustments and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment. NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF ADJUSTMENTS AND APPEALS OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the application for Variance Resolution No. PC97-76 is hereby DENIED,based on the following findings with respect to City Code Section 11.89, Subd. 2, "Criteria for Granting Variances." Criterion 1 The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property under consideration. Undue hardship means the following: 1.A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; Finding 1.44. The property is and can be put to a reasonable use ifforced to comply with sign height requirements. 1.B. The plight of the landowner is due to circumstances unique to the property; Finding 1.B. The plight of the landowner is not due to circumstances unique to the property, but instead is similar to other businesses located along STH 169. 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Finding 1.E. The problems do not extend beyond economic considerations, but relate to the economics of this particular business. Criterion 2 It has been demonstrated that a variance as requested will be in keeping with the spirit and intent of this Chapter. Finding 2 The variance as requested would not be in keeping with the spirit and intent of Chapter 11. Adopted by the Board of Adjustments and Appeals of the City of Shakopee, Minnesota this 24th day of July, 1997. Chair of the Bo rd of Adjustments and Appeals ATTEST: -.‘c Community Development Director 1/, C; RESOLUTION NO. 4725 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT FOR SOUTH PARKVIEW 3RD ADDITION WHEREAS,the Planning Commission of the City of Shakopee did review the Final Plat for South Parkview 3rd Addition on July 10, 1997, and has recommended its approval; and WHEREAS,the property upon which the request is being made is legally described as: Oudot A, South Parkview 1st Addition, Scott County,Minnesota;Except that part in Minnesota department of Transportation Right-of-Way Plat No. 70-15. Together with the vacated Quincy Circle and vacated drainage and utility purposes easements in Oudot A, South Parkview 1st Addition; 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 South Parkview 3rd Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. One street sign shall be required at the intersection of Quincy Circle and Vierling Drive. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive the right to appeal the reapportionment. 5. VIP Connection Fees must be paid prior to the recording of the Final Plat. 6. The approval of the Final Plat shall be contingent upon the vacation of the existing Quincy Circle right-of-way. 7. The developer is granted a 100 foot extension to the 500 foot cul- de-sac length limit. 8. The developer is granted an 8 foot variance to the 35 foot front yard setback for Lots 1, 3, 5, 7, 9, and 15, Block 1. 9. The developer is granted a 18 foot variance to the 70 foot lot width requirement for all lots. 10. The developer shall pay storm water trunk charges as applied to this development. 11. The developer is granted a variance to allow a 26.5 foot front yard setback for Lots 1, 3, 5, 7, and 9, Block 1. 12. The developer is granted a variance to allow a 32.5 foot front yard setback for Lots 2, 4, 6, 8, 16, 18, 20, 22, and 24, Block 1. 13. The developer is granted a 30 foot front yard setback for Lots 10, 11, 12, 13, 14, and 15, Block 1. 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 CONSENT N. D. ). CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Consider Resolution No. 4720, Requesting Realignment of Vierling Drive Between Presidential Lane and County Road 69 DATE: August 19, 1997 BACKGROUND: In 1985, Resolution No. 2382 established the designation of 13th Avenue, west of Presidential Lane, as a State Aid Route. This portion of 13th Avenue was planned to be renamed Vierling Drive, and would be part of the Vierling Drive collector system. A few years ago the City "unofficially" changed the alignment of Vierling Drive west of Presidential Lane. The State Aid office has requested that the City officially designate this realignment, for State Aid purposes. Attached is Resolution No. 4720, rescinding the previous designation and requesting the new alignment for State Aid designation. ALTERNATIVES: 1. Approve Resolution No. 4720. 2. Deny Resolution No. 4720. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4720, A Resolution Requesting the Realignment of Vierling Drive, from Presidential Lane to County Road 69 (Old T.H. 169) and move its adoption. Joel Rutherfor• Assistant City Engineer RESOLUTION NO. 4720 A RESOLUTION REQUESTING THE REALIGNMENT OF VIERLING DRIVE FROM PRESIDENTIAL LANE TO COUNTY ROAD 69 (OLD T.H. 169). WHEREAS, Resolution 2382 established the alignment for the designation of a Municipal State Aid Street; AND WHEREAS, it appears to the City Council of Shakopee, Minnesota that the portion of the street along Thirteenth Avenue, as described in Resolution 2382, should not be designated as a Municipal State Aid Street; AND WHEREAS, it appears to the City Council of Shakopee, Minnesota that the street described below should be designated as Municipal State Aid Street under the provisions of Minnesota Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the Commissioner of Transportation is hereby requested to rescind the previous designation of Vierling Drive along Thirteenth Avenue, west of Presidential Lane. 2. That the Commissioner of Transportation is hereby requested to designate the alignment for Vierling Drive west of Presidential Lane, along the right-of-way of Vierling Drive, as dedicated within the plat of Stone Meadow First Addition, and extended northwest to Scott County Road 69. 3. That the appropriate City officials are authorized and directed to forward two certified copies of this Resolution to the Commissioner of Transportation for consideration and that upon approval of the designation of said road that the same be constructed, improved and maintained, as a Municipal State Aid Street of the City of Shakopee to be numbered and known as Municipal State Aid Street 104. 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 1'! )- r CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize Supplemental Work on Maras Street Improvement Project No. 1996-4 DATE: August 19, 1997 INTRODUCTION: This agenda item is for Council consideration on supplemental work proposals for the separation and disposing of debris found in the excavation work on the Maras Street Improvement Project No. 1996-4. BACKGROUND: The Maras Street Improvement Project is underway and during the subgrade excavation work, areas of construction debris being mainly concrete and bituminous pieces were uncovered. Soil with debris was stockpiled in three areas of the project as follows: • West end of Hansen Avenue and on the north side. • South end of Maras Street and on the west side. • South end of Maras Street and east of Maras Street on Eugene Hansen property. The Public Works Department has cleaned up the stockpiles within the public right-of- way, utilizing a loader/screener rented from St. Joseph's and Public Works equipment. The costs of equipment and labor will be charged to the project and these costs were determined to be more cost effective than Ryan Contracting's prices to do the work. Also, the City was able to obtain several yards of topsoil for use in the City's parks. The main stockpile of soil and construction debris is located on the Eugene Hansen property, who operates Clean Sweep, a major sweeping, snow plowing and hauling company. Staff has requested proposals from Clean Sweep and Ryan Contracting to segregate the concrete/bituminous debris, dispose of the debris and then dispose of the soil from the major stockpile. Attached are the proposals from Clean Sweep and Ryan Contracting on items to screen and process the soil with construction debris. Also attached is Attachment No. 1, showing the total estimated costs based on 3,000 cubic yards of material from Clean Sweep and Ryan Contracting proposals, as well if Public Works performed the work utilizing our labor and equipment fee schedule. From these calculations, the summary of the proposals are as follows: • Clean Sweep $19,000 • Public Works $20,025 • Ryan Contracting $36,500 Note: Proposals are based on an estimated volume of 3,000 cubic yards in stockpile. Final cost will be based on actual quantities. The proposal received from Clean Sweep has the lowest estimated total cost due to the fact that Clean Sweep has a screener onsite and clean fill can be disposed of on the Clean Sweep site to complete the grading started last fall. Staff would recommend that Clean Sweep be authorized to screen, process and dispose of debris and soil from the Maras Street excavation. ALTERNATIVES: 1. Make a motion authorizing a purchase order for supplemental work on Maras Street for the screening, processing and disposal of contaminated soil to Clean Sweep. 2. Make a motion authorizing supplemental work on Maras Street for the screening, processing and disposal of contaminated soil to Ryan Contracting, Inc. 3. Make a motion authorizing supplemental work on Maras Street for the screening, processing and disposal of contaminated soil to the Public Works Department. RECOMMENDATION: Staff recommends Alternative No. 1, as Clean Sweep has the lowest overall cost estimate to complete the screening, processing and disposal of contaminated soil on the Maras Street Project. These costs are project costs that will be assessed. ACTION REQUESTED: Make a motion authorizing a purchase order for supplemental work on Maras Street for the screening, processing and disposal of contaminated soil to Clean Sweep. , + ruce Loney Public Works Director BL/pmp SWORK ATTACHMENT NO. 1 Clean Sweep Proposal Estimated size of stockpile = 3,000 C.Y. 1. Cost to screen debris 3,000 C.Y. @ $4.00/C.Y. = $12,000.00 2. Cost to Haul Debris 350 C.Y. @$6.75/C.Y. = $ 2,362.50 3. Haul sand/mixed sand and black dirt 2,650 C.Y. @ $1.75/C.Y. = $ 4.637.50 TOTAL ESTIMATED COST $19,000.00 Ryan Contracting's Proposal 1. Item A - Mobilization of Screener = $ 3,500.00 2. Item B - Cost to screen debris $5.00 C.Y. x 3,500 C.Y. (Loose volume)=$17,500.00 3. Item C - N/A 4. Item D - Cost to haul processed clean material to Hansen property 3,000 C.Y. $ $3.00/C.Y. = $ 9,000.00 5. Item E - Cost to dispose of debris 500 C.Y. @ $13.00/C.Y. = $ 6.500.00 TOTAL ESTIMATED COST $36,500.00 City of Shakopee Proposal 1. Cost to screen debris A. 60 hours rental of loader with screen $ 6,000.00 B. Operator for one week $ 1,100.00 C. Additional labor to move material $ 1,900.00 $ 9,000.00 2. Cost to haul debris 350 C.Y./7 C.Y. load = 50 loads One hour hauling = 57.5 Hrs. 57.5 Hours @ $58.00/Hr. $ 3,335.00 3. Haul sand/mixed sand and black dirt 2,650 C.Y./7 C.Y. = 379 loads, use 380 loads 15 minutes haul time = 4 loads/Hr. 95 Hours @ $58.00/hr. for trucks = $ 5,510.00 24 Hours @ $95.00/Hr. for loader = $ 2,280.00 $ 7,790.00 TOTAL ESTIMATED COSTS $20,125.00 Summary of Proposals Clean Sweep $19,000.00 Public Works $20,025.00 Ryan Contracting $36,500.00 * Note: Proposals based on estimated volume of 3,000 C.Y. Cost may vary based on actual quantities. AUG-05-1997 12 13 RYAN CONTRACT ING612 894 3207 P.01/03 N ^ u nn I LSIM I Fb 111111111111 Co racting Inc. FOX TRANSMITTAL Please deliver the following pages to: Company Names Lre.; GJ i/ % 44,.0- L# �l Tot Fax No. : 4/4'.") - 67/:- Frost Tyler Enright Date: c9f5/ 97 Res lr-4,e2_XI 1 Noc- ee...& Number of Pages including Cover Paget If you have any problems receiving this fax please call Prenda at (612) 894--SE08. Message: Thank you. 1 8700 13th Ave. E. • Shakopee, MN 55379 . 612-894-3200 • Fax: 612-894-3207 +6124031440 CLEAN SWEEP INC. 620 P01 AUG 12' 97 07: 12 CLEAN SWEEP, INC. 1575 COUNTY ROAD 18 SHAKOPEE, MN 55379 PHONE: 403-1440 FAX: 403-1441 FAX COVER SHEEJ TO: (.-� l ;t2��y� 146urvs-e-vt t � FAX#: ( - _ 7-f f ATTN: RE: + ; r160,-Al DATE:_ i P- ' TOTAL PAGES: 1 (INCLUDING THIS PAGE) ices 6a_sefi c r r 70--4 <: ' ire aa oreem ft')e, Ddoris tom. 7S- Rrc 4,4,4 - ..Cc,cr 4,c4 kr-4 7-5-27ti (alio 641 et, Stift, (4E4'111 t5 ( et, 4-b wo--k il S46'ee. us; cAe� v� . SWEEPING' STRIPING" SNOW REMOVAL *ROLL-OFF SERVICES AUG-05-1997 12:13 RYAN CONTRACTING 612 894 3207 P.02/03 . . ►. Co racting Inc. August 5, 1997 Mr. Bruce Loney, F.E. CITY OF SHAKOPEE 129 South Holmes Street Shakopee,Minnesota 55379 RE: MARAS STREET-CITY PROJECT 1996-4 13th Avenue to County to County Road 18 Shakopee,Minnesota (R.C.I. Job#458) Dear Mr. Loney: As per your request,I have put together an estimate for screening and processing contaminated material on the above referenced project. It is as follows: Item A) Mobilize, set up and demobilize screen. S3,500.00/LS Item B) Cost per CY to load and process contaminated material through screen and stack. $ 5.00/CY Item C) Cost per CY to load and haul contaminated material(stockpiled adjacent to roadway)to screen processing area prior to any further street work. $ 3.00/CY Perform work after curb has been installed. $ 5.50/CY Item D) Cost per CY to move processed clean material from stacking area to disposal site on Gene Hansons property. $ 3,00/CY Item E) Cost per CY to load,haul and dispose of blacktop and concrete rubble at Demcon Landfill. $ 13.00/CY Item F) Cost per CY to load,haul and dispose of debris at Kraemer Sanitary Landfill. $ 68.00/CY ./ 8700 13th Ave. E. • Shakopee, MN 55379 • 612-894-3200 • Fax: 612-894-3207 AUG-05-1997 12 14 RYAN CONTRACTING 612 894 3207 P.03/03 MARAS STREET-CITY PROJECT 1996-4 Page Two ivreasurernent and oasis of Payment Item DI) Measurement of clean processed material loaded and hauled to Gene Hansons property based on Vehicular load counts loose volume at 14 CY for 6x6 Off Road Haul Trucks or 12 CY(LV)onsite Tandem Dump Trucks. Item E 1+F I) Measurement of contaminated material loaded and hauled to a Landfill is based on Vehicular load counts loose volume at 10 CY per truck. Item C1) Measurement of debris loaded and hauled to screen processing area based on Vehicular load counts loose volume at 14 CY 6x6 Off Road Trucks or 12 CY Onsite Tandem Trucks. Item B l) Measurement of material processed through screener is based on Loose Volume combining the above items D+E+F reflecting the total CY processed. All items above are tied and cannot be separated for individual work. All above items do not include additional costs incurred for loss in productivity. Furthermore, in your August 4th, letter you stated, "Once the clean up of material is done,the disposal of • material can be completed as per contract specification." This statement is not true. Ryan Contracting has fulfilled and completed our contract obligations, with reference to any contaminated material. All contaminated soils have been excavated and stockpiled under your sole direction. Had this material not been contaminated,Ryan Contracting would have disposed of this material on Gene Hansons property as intended. Respectfully submitted, RY• CO RACTING,INC. ref T er Enrigh - rmator TE/bp r • TOTAL P.03 4/. 0. 5 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Change Order to 1997 Street Overlay Project DATE: August 19, 1997 INTRODUCTION: This agenda item is for Council approval of change order work done by Vi-Con, Inc. on the 1997 Street Overlay Project No. 1997-2. BACKGROUND: City Council awarded a contract to Vi-Con, Inc. for the 1997 Street Overlay Project in the amount of$212,730.20. Council also authorized a 10% contingency amount for the City Engineer to use on minor change orders or quantity adjustments. Staff has been trying to complete the Dominion Hills 1st Addition public improvements for the last two years. Dominion Hills improvements was constructed in 1994. The remaining work includes the bituminous wear course and aggregate shouldering. These work items were included in the 1997 Street Overlay bid work. Vi-Con, Inc. has agreed to perform the final bituminous wear course and aggregate shouldering at the unit bid prices in their contract. Staff has received written approval (attached letter) from the developer to utilize the escrow and payment agreement funds to pay for the bituminous paving work. The estimated cost to complete the paving work is approximately $10,000.00 and within the authorized 10% contingency amount. Staff did check with the City Attorney and this work can be added to the contract and the City does have the authority to draw down on the escrow and payment agreement to complete the Dominion Hills development. Staff believes that utilizing the bid prices from Vi-Con, Inc. is the most cost effective and least time consuming way to complete the paving for the developer and City staff. As mentioned earlier, the work on this project began in 1994 with no work done in 1995, 1996 or 1997. Staff is requesting Council approval to execute a Change Order to the 1997 Street Overlay Project contract to complete the paving of Dominion Hills. Escrow funds will be withdrawn from the developer to pay for this work and any administration time in processing this work and escrow withdrawal. ALTERNATIVES: 1. Make a motion authorizing a change order to the 1997 Street Overlay, Project No. 1997-2 for the Dominion Hills paving work, with costs to be reimbursed to the City from escrow funds on Dominion Hills. 2. Do not approve the change order at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as the work has been done and an approved change order serves as documentation to invoice the developer's escrow and payment agreement. ACTION REQUESTED: Make a motion authorizing a change order to the 1997 Street Overlay, Project No. 1997-2 for the Dominion Hills paving work, with costs to be reimbursed to the City from escrow funds on Dominion Hills. A4A, • 04 Bruce Loney Public Works Director BL/pmp CHORDER 08/07/97 THU 11:03 FAX 6124408255 GARY & DIANNA BERGQUIST Com'" �))4Lofr . al . W '... 6v ;. r- 61. gt,tie. : WO-Us-- Us--GA" 4 Di. N A . 7••+Q. •, i, '/'ID 41273 iezee at r 191. 7d /197 , #6: 4O? / 7 , .,t.i4 4a& vk es11)<„ A51, d 121r/ eLlil/ vvywSSf o� co act I� el 01/.01 _ , 4444 , vf� ei)1411rn� �/or,�,' ,rm , TO: Mark McNeill, Shakopee City Administrator FROM: Lou Van Haut, Utilities Manager /f-Ci-,, -- RE: Acquisition of land for Watertank and Misc. Water Facilities by Eminent Domain DATE: 8/15/97 Background: On June 2, the Utilities Commission requested that Council acquire by eminent domain, 2 parcels of property described as Lots 9 and 10, Block 1 , Riverview Estates 2nd Addition, City of Shakopee, Scott County. The purpose was a site for watertank and misc. water facilities. Council did formally authorize that acquisition shortly thereafter by Resolution #4680 . Issue: Enclosed is a letter from Kennedy and Graven dated July 29, 1997 regarding further direction needed on that land acquisition. The letter addresses the question to SPUC since it was SPUC which had originally requested action by Council, although formal action by City Council is needed. At their meeting on 8/4/97 , the Utilities Commission reviewed the letter and did request City Council to modify the acquisition as suggested in the third paragraph of the letter. Requested Action: Adoption of Resolution # (0 ),X : A resolution of the City of Shakopee, Minnesota, Determining the Necessity For And Authorizing The Acquisition of Interests In Certain Properties By Proceedings In Eminent Domain For Lots 1 Through 8, Block 1, Riverview Estates 2nd Addition. 470 Pillsbury Center Kennedy 200 South Sixth Street •_ Minneapolis MN 55402 (612) 337-9300 telephone Graven (612)337-9310 fax CHAR TER ED e-mail:attyst?kennedy-graven.com CORRINE H.THOMSON Attorney at Law Direct Dial(612)337-9217 July 29, 1997 Lou Van Hout Shakopee Public Utilities Commission 1030 East Fourth Avenue Shakopee, MN 55379 RE: Watertank Eminent Domain Proceeding Dear Mr. Van Hout: As we discussed previously, the land that the City has agreed to acquire for the Shakopee Public Utilities Commission is subject to a restrictive covenant that runs in favor of eight other properties. (A copy of the Declaration of Restrictive Covenants is enclosed for your information.) Paragraph 2 restricts the use of the land to residential purposes, specifically detached single family dwellings and attached garages. In order to remove this restriction from the lots you wish to acquire (Lots 9 and 10), it will be necessary to acquire the right to enforce the restriction from the benefitted lots (Lots 1-8). I spoke with Paul Wermerskirchen regarding the appraisal assignment. He indicated that he would not expect the damages to the lots to be significant, but he has not prepared a formal estimate at this time. I've also left messages for the attorneys at Krass & Monroe who handled previous negotiations on this matter, but at this time have not heard from them. My suggestion is to have the council authorize acquisition from Lots 1-8 of the right to enforce the restrictive covenant as to Lots 9 and 10. A draft resolution is enclosed. We can still proceed with a quick-take proceeding, but if the estimated damages are too high, we will discontinue the quick-take and possibly discontinue the proceeding. You should know, however, that if the City abandons a condemnation proceeding after it has been served, the City may be responsible for the owners' attorneys fees and costs in the proceeding. CAH127367 SH155-34 Please contact me if you have further questions concerning this matter. Sincerely, Corrine H. Thomson Enclosures cc: Bruce Loney (w/encs) Jim Thomson (w/o encs) CAH127367 SH155-34 FROM :UNIVERSAL TITLE/IPC 612 946 1433 1997.07-16 09:37 fl067 P.02/12 • DECLARATION OF RESTRICTIVE COVENANTS OF RIVERVIEW ESTATES 2ND ADDITION ! THIS DECLARATION made this gO --day of I G . 1997. by Scott County Farms. a partnership under the laws of the of the State of Minnesota. (hereinafter referred to as "Declarant") . WITNESSET H: WHEREAS. Declarant is the owner of that certain real estate located in the county of Scott. State of Minnesota. and legally described as follows: Lots 1. 2, 3. 4, 5 . 6. 7. 8, 9 and 10, Riverview Estates 2nd Addition according to the plat thereof now on file in the office of the County Recorder for Scott County. Minnesota (hereinafter referred to as the "Premises") . • NOW. THEREFORE. Declarant hereby declares that the Premises shall hereafter be held. sold and conveyed subject to the following covenants. restrictions and conditions, which are for • the purpose of protecting the value and desirability of and which shall run with the Premises and be binding on all parties having any right, title or interest in the Premises or any part thereof. their heirs. successors and assigns. and shall inure for the benefit of each owner thereof. 1. Definitions. For the purpose of this Declaration the following terms shall have the meanings here ascribed to them: a. "Dwelling" shall mean and refer to any portion of a residence building situated upon the Premises designated and intended for use and occupancy as a residence by a single family. 039.4446 4 orrice op aus C0111/2T .opt re � 1.,� . tiftm,a A 1t . J . IONA p4�. c is aeon . ' j!12) ) P . a0 or ..a�e.s ae a se JUN 1p. (1n., S T451 ra eneekilen. oomcv.re leer by FROM :UNIVERSFL TITLE/hPC 612 946 1433 1997.07-16 09:37 #067 P.03/12 • b. "Lot" shall mean and refer to any portion of land in the Premises upon which a dwelling is or can in the future be situated. c. "Owner" shall mean and refer to the record owner, whether one or more persons or entities. of a fee simple title to any lot which is a part of the Premises. .including contract sellers and vendees but excluding those having such interest merely as security for the performance of an obligation. 2. Ind Use and Building Type. No lot shall be used except for residential purposes. No building shall be erected. altered or placed or permitted to remain on any lot other than (i) one detached single-family dwelling and (ii) a private attached garage, provided. however. that any purchaser of a lot from Declarant who erects a dwelling thereon may use such dwelling as a model for a period not exceeding twelve (12) months from the date of completion of such dwelling. 3. Dwelling, Specifications. No dwelling shall be erected. altered or placed on a lot or permitted to remain there other than one detached single-family dwelling not to exceed two (2) stories in height. as measured from grade. In the event the dwelling includes a walk-out basement. the basement shall not be counted as a story. Such dwelling shall have an attached garage for at least three (3) automobiles and may have an attached building for storage purposes. Minimum finished floor area of dwellings shall be calculated based upon the number of stories applicable to the dwelling style. One story dwellings shall include, but not be limited to. dwelling styles such as rambler, tuckunder (front walkout) and split level. -2- FROM :UN 1 VERS1 _ TITLE/MPC 612 946 1433 1997.07-16 09:38 1*O67 P.04/12 wherein the only floor area permissible to be counted towards the minimum requirements is that story (or levels) immediately below the roof. Two-story dwellings shall have the combination of the uppermost two stories for calculating permissible floor area. Minimum finished floor area requirements for the Premises shall be as follows: One Story - 2.400 square feet • Two Story - 3.000 square feet The first floor area described herein shall be exclusive of breezeways. porches (other than four season) or garages. All structures constructed or placed on the property shall be completely finished on the exterior thereof within nine (9) months after commencement of construction. 4. no Temn rax St1 3gtpUe6• No trailer, basement. tent. shack, garage or any otherstructure of a temporary character shall be used on any lot at any time as a temporary or permanent residence. 5 . Auilding Location. No building shall be located on any lot nearer to a front lot line, a rear lot line, an interior side lot line, or nearer to a aide street right of way line. if any. than the applicable city ordinance, as related to this subject plat, shall allow. and as to Lots 4. 5 . 6 and 7 . no building shall be located on said lots nearer to a front lot line than.eighty (80) feet. No dwelling shall be located within one hundred twenty-five (125) feet of either C.S.A.H. 18 or C.S.A.H. 16 -3- FROM :l AN I VERSAL TITLE/PPC 612 946 1433 1997.07-16 09:38 11067 P.06/12 • without first submitting a noise attenuation plan to the City of Shakopee for its approval. 6. Easements for Utilities and Drainage. Utility and drainage easements are reserved as shown on the recorded plat of Riverview Estates 2nd Addition. Within such easements no building, structure. planting. fill or other material shall be placed on or permitted to remain which may change or interfere with the installation and 'maintenance of utilities or which may change the direction or impede the flow of water over the drainage easements. Such easements shall be maintained continuously by the owner of the lot which is subject to said easements except that such owner shall not be responsible for those improvements for which a public authority or utility company has assumed responsibility. 7. NW eances. No noxious or offensive activity shall .be carried or upon any lot nor shall anything be done thereon which is or may become an annoyance or nuisance to any owner of any lot. 8. ,dans. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent. or signs used by a builder or Declarant to advertise the property during the construction and sales period. This restriction shall not apply to permanent entrance monuments which may be approved by the appropriate governmental authority and erected by the Declarant. 9. Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised. bred or kept on any lot, except that -4- FROM :UNIVERSAL TITLE/hPC 612 946 1433 1997.07-16 09:39 #067 P.06/12 • • dogs. cats and other household pets may be kept provided that they are not kept. bred or maintained for any commercial purpose. Dog kennels are prohibited except when they meet the following requirements: exterior dog kennels or runs shall be located so as to be screened from streets and from neighboring lots. The fencing or outside run area shall be adjacent to the main structure with a maximum six foot high fence. 10. Garbase .nd Refuse_ Disposal . Trash. garbage or other waste shall be kept in sanitary containers. All equipment for storage or disposal of such material shall be kept in a clean and sanitary condition. and screened from public view. 11. Radio. Satellite and Television Antenna. etc. • No radio or television broadcasting or receiving antenna or other similar apparatus shall extend above the roof of the dwelling. Conventional TV antennae should be mounted within the attic of the structure. Any receiving or broadcasting equipment to be located outside the structure shall be screened during all seasons of the year from view from streets and adjacent lots. 12. Recreational Equipment. Recreational equipment is defined for the purposes. of this Declaration as travel trailers. pickup campers or coaches, motorized dwellings. trailers. snowmobiles. fish houses. ATVs. boats and trailers. No recreational equipment shall be used on a lot for living. sleeping or housekeeping purposes. No such equipment shall be parked as permitted herein unless it is in condition for safe and effective performance for the function for which it is intended. -5- FROM :•UNIVERSL7l_ TITLE/NPC 614 946 1433 1997.07-16 09:39 *067 P.07/12 • Recreational equipment which is parked on a lot for a cumulative period of thirty (30) days or more in any calendar year will be treated for purposes of this Declaration as being stored. No recreational equipment may be stored on a lot unless completely enclosed in a garage or attached accessory structure or screened during all seasons of the year from view from streets and adjacent lots. 13. Fencing. All fencing or decorative walls shall meet the requirements of the appropriate governmental authority. The following standards shall further govern fence/wall locations. Corner lots or lots with frontage on two streets shall not have fencing or wall closer than thirty (30) feet from the street right of way. 14. lam_ These covenants. restrictions and conditions are to run with the land and shall be binding on all parties and all persons claiming under them for a period*of thirty (30) years from the date these covenants. restrictions and conditions are recorded after which time the same shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then owners of a majority of the lots has been recorded agreeing to change the same in whole or in part. 15. Worcemeni. Enforcement shall be by proceeding at law or equity either to restrain violation or recover damages against any person or persons violating or attempting to violate any covenant. restriction or condition. -6- FROM :UNIVERSAL TITLE/MPC _ 612 946 1433 1997.07-16 09:39 #067 P.08/12 16. Severability. Invalidation of any one of these covenants, restrictions or conditions by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. Scott County Farms has caused this Declaration to be executed the day and year first above written. SCOTT COUNTY FARM ay ' David McGuire, a General Partner STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of Y.' . 1997 by David Maguire, as gene al partner of Scott County Farms. a Minnesota partnership. f:--4E't)J4111 -171 - . Notary Public THIS INSTRUMENT DRAFTED BY: ROPMILIMUND Mark E. Fuller . . . sstiOMmOimMimm s00rRCn Fuller & Pinney N omdmildmmaa,s 3300 Edinborough Way Suite 712 Edina. MN 55435 • -7- RESOLUTION NO. 4724 A Resolution of the City of Shakopee, Minnesota, Determining the Necessity For And Authorizing The Acquisition of Interests In Certain Properties By Proceedings In Eminent Domain For Lots 1 Through 8, Block 1, Riverview Estates 2nd Addition WHEREAS, by Resolution No. 4680, the City Council of the City of Shakopee has previously determined that it is necessary and in the public interest to acquire Lots 9 and 10, Block 1, Riverview Estates 2nd Addition, City of Shakopee, County of Scott, Minnesota; and WHEREAS, the City has determined that said Lots 9 and 10 are subject to certain restrictive covenants that benefit and burden Lots 1 through 10, Block 1, Riverview Estates 2nd Addition; and WHEREAS, said restrictive covenants restrict the use of said Lots 1 through 10 to residential purposes, and the City's planned use of Lots 9 and 10 as a water tower might be considered to be inconsistent with said restrictive covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: That acquisition by the City of the property interests described on Exhibit A is necessary for the purpose of constructing a water tank and other miscellaneous water uses for Shakopee Public Utilities Commission. That the City Attorney is authorized and directed on behalf of the City to acquire the real estate interests described on Exhibit A by the exercise of the power of eminent domain pursuant to Minn. Stat. Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minn. Stat. Sec. 117.042. The City Attorney further is authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Adopted in regular 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 CITY OF SHAIK®PEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Masseur and Masseuse Licensing DATE: August 15, 1997 INTRODUCTION: Sometime ago, City Council directed staff to research the ordinances of other city's relating to licensed massage therapists and certified therapists. This memo is in follow up to that direction. BACKGROUND: In 1991, the City Attorney updated the City Code relating to "Massage Parlors, Saunas, Steam Baths, Heat-Bathing Rooms" in recognition of an evolving new profession known as therapeutic massage. The new regulations provided for educational requirements and reduced the licensing fees from $2, 000 to $300 for the massage center and $100 for a masseur/masseuse. I believe that licensing was limited to the business district then and is currently limited to the general commercial districts. I have gathered information from ten communities and have prepared a comparison of some of their regulations. Three of the ten communities do not regulate therapeutic massage, nor do they have anyone in their community practicing therapeutic massage. When reviewing the regulations from other cities, I noted that definitions were similar, but terms are different: Bloomington: massage therapist Chaska: masseur and masseuse Burnsville: massage therapist Savage: massage therapist Masseur and Masseuse Licensing August 15, 1997 Page -2- Lakeville: masseur and masseuse Prior Lake: massage therapist Shakopee: masseur and masseuse St. Louis Park: massage therapist Because of the anticipated growth in Shakopee over the upcoming years, Council may want to be "cautious" when considering changes in the massage regulations. Most cities surveyed require a diploma or certificate from a school approved by a reputable massage association. In addition, some require that the classes include a minimum number of hours in specific areas, as does Shakopee. I do not recommend that we require less. (Although the State does not yet license therapeutic massage, there continues to be lobbying of legislators to do so. ) Shakopee requires front and side view photographs with a masseur/masseuse application. The code also allows the police department to request fingerprints. This is not contained in the regulations of other Cities. Council may want to consider changing this requirement. In addition to the masseur/masseuse license, Shakopee requires anyone who practices massage to get a massage center license. Massage centers are restricted to the business district. Council may want to consider whether or not it would be in the best interest of the community to permit therapeutic massage as a home occupation with a conditional use permit and/or permit therapeutic massage in a bona fide health and sports establishment. In either case, the masseur/masseuse would continue to be licensed. RECOMMENDATION: 1. Continue with the existing educational requirements outlined in the City Code. 2 . Remove language requiring photographs and fingerprints of applicants. Masseur and Masseuse Licensing August 15, 1997 Page -3- 3 . Add language allowing a masseur/masseuse to apply for a conditional use permit for a home occupation as opposed to obtaining a massage center license in the general commercial district. 4 . Add language allowing a bona fide health and sports establishment to apply for a conditional use permit as opposed to obtaining a massage license in the general commercial district. REQUESTED ACTION: Discuss and give staff direction on what, if any, changes Council would like made to the City's regulations on the practice of massage. umLtZUt, j. Ju. •h S. Cox, Ci y Clerk h:\judy\licenses\massage Masseur and Masseuse License SHAKOPEE SAVAGE 1. License required License required 2. Medical Certificate Stating that applicant Regulations do not address has no communicable disease 3. Educational Requirements a. Diploma or certificate Same as Shakopee from a school approved by the American Massage Therapist Association or other similar reputable massage association,or diploma or certificate from a school that is accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government having jusridiction over the school b. Minimum of 100 hours Same as Shakopee 4. License must designate location Regulations do not address 5. Initial application requires: Regulations do not address a. Front and side view photographs b. Fingerprints, if requested by P.D. c. Release of information form 6. Fees: a. Annual fee is$105.00 $100.00 1st; $50.00 renewals b. Investigation fee is $55.00 $100.00 7. Zoning: commercial zone with massage Home occupation permitted, center license Comercial zone with massage therapy establishment license h:\judy\licenses\masseur.sav Massage Center SHAKOPEE SAVAGE 1. Limited to general commercial Commercial district Home occupations permitted 2. Licensing is required for the Licensing is required for the massage center massage center 3. Fee for massage center: a. Annual fee is$315.00 $300.00 lst;$100.00 renewals b. Investigation fee is $345.00 None 4. Must provide list of employees Must provide list of employees 5. Public liability insurance is required Regulations do not address 6. Hours of operation are limited Hours of operation are limited 7. Number of licenses is limited to 6 Number of licenses is limited to 5 h:\judy\licenses\masscntr.sav Masseur and Masseuse License SHAKOPEE LAKEVILLE 1. License required License required 2. Medical Certificate Stating that applicant Person must be in good health has no communicable disease &free from any communicable disease 3. Educational Requirements a. Diploma or certificate Same as Shakopee from a school approved by PLUS the American Massage Therapist Or from the National Association or other similar Certification for Therapeutic reputable massage association,or Massage and Bodywork by diploma or certificate from a the National Certification school that is accredited by a Board of Therapeutic recognized educational accrediting Massage and Bodywork association or agency,or is licensed by the state or local government having NOTE: diploma demonstrates jurisdiction over the school completion of 100 hours minimum b. Minimum of 100 hours Minimum of 100 hours 4. License must designate location Same as Shakopee 5. Initial application requires: Not addressed a. Front and side view photographs b. Fingerprints, if requested by P.D. c. Release of information form 6. Fees: a. Annual fee is $105.00 $25.00 b. Investigation fee is$55.00 $100.00 7. Zoning: commercial zone with massage Business or in an office, center license home,community center, or apartment on an outcall basis. No business license required h:\j udy\licenses\masseur.lak Masseur and Masseuse License SHAKOPEE BLOOMINGTON 1. License required License required 2. Medical Certificate Stating that applicant Regulations do not address has no communicable disease 3. Educational Requirements a. Diploma or certificate No diploma or certificate,but must from a school approved by have completed 400 hours of the American Massage Therapist certified therapeutic massage train- Association or other similar ing from a school approved by the reputable massage association, or City, OR,have one year of experience diploma or certificate from a and must complete 400 hours of school that is accredited by a training within two years. recognized educational accrediting association or agency,or is licensed by the state or local government having jurisdiction over the school b. Minimum of 100 hours Minimum of 400 hours OR see above 4. License must designate location License must designate location. AND licensee is entitled to perform on-site at a business,public gathering, private home,or other site than the business license site designated. 5. Initial application requires: Regulations do not address a. Front and side view photographs b. Fingerprints, if requested by P.D. c. Release of information form 6. Fees: a. Annual fee is$105.00 $19.00 b. Investigation fee is$55.00 7. Zoning: must be in general commercial Must be in conformance with district Chapter 19 of the Code - see Massage Center Licensing h:\judy\licenses\masseur.blo Massage Center SHAKOPEE BLOOMINGTON 1. Limited to general comercial Single family residential-need district temporary CUP (same as beauty shops,etc.) Limited Business-permitted in doctor's offices, etc. Retail district-permitted use with license 2. Licensing is required for the Therapeutic massage enterprise massage center (business) license required 3. Fee for massage center: a. Annual fee is $315.00 a. $446.00 b. Investigation fee is$345.00 b. $215.00 4. Must provide list of employees Regulations do not address 5. Public liability insurance is required (massage therapist to carry insurance) 6. Hours of operation are limited Regulations do not address 7. Number of licenses is limited to 6 Regulations do not address h:\judy\licenses\masscntr.blo Masseur and Masseuse License SHAKOPEE PRIOR LAKE Any type of massage service, other than massage therapy, is prohibited as a business or business activity. 1. License required Massage therapy license required 2. Medical Certificate Stating that applicant May not provide services while has no communicable disease afflicted with communicable disease 3. Educational Requirements a. Diploma or certificate Diploma or certificate from a school approved by from a school which the American Massage Therapist is accredited by a Association or other similar recognized educational reputable massage association,or accrediting association diploma or certificate from a or agency,or is school that is accredited by a licensed by the State recognized educational accrediting or local governmental association or agency,or is licensed by agency having the state or local government having jurisdiction over the jusridiction over the school school b. Minimum of 100 hours Minimum of 70 hours 4. License must designate location Not addressed 5. Initial application requires: a. Front and side view photographs Same as Shakopee b. Fingerprints, if requested by P.D. Not addressed c. Release of information form Not addressed 6. Fees: a. Annual fee is$105.00 $250.00 b. Investigation fee is$55.00 $500.00 maximum 7. Zoning: commercial zone with massage Massage therapy in business center license and residential districts h:\judy\licenses\masseur.pl No business license required Masseur and Masseuse License SHAKOPEE ST. LOUIS PARK 1. License required License required if employed by a message establishment. (Exempt if employed by a bona fide health& sports establishment). 2. Medical Certificate Stating that applicant Not addressed has no communicable disease 3. Educational Requirements a. Diploma or certificate a. Diploma or certificateof graduation from a school approved by from a school that is accredited by a the American Massage Therapist recognized educational accrediting Association or other similar association or agency, or is licensed reputable massage association,or by the state or local government having diploma or certificate from a jurisdiction over the school school that is accredited by a recognized educational accrediting b. Minimum of 64 hours in specific association or agency,or is licensed by areas defined in City Code, or the state or local government having 500 hours' training from a massage jurisdiction over the school therapy school approved by the City and with current membership b. Minimum of 100 hours in a bonafide national massage therapy association with a code of ethics,also approved by the City. (Applicants with the 500 hours' training are not required to be employed in a licensed establishment 4. License must designate location Not addressed 5. Initial application requires: Not addressed a. Front and side view photographs b. Fingerprints, if requested by P.D. c. Release of information form 6. Fees: a. Annual fee is$105.00 a. Annual fee is $50.00 b. Investigation fee is $55.00 b. Investigation fee is$100.00 7. Zoning: must be in general commercial district h:\judy\licenses\masseur.slp Massage Center SHAKOPEE ST. LOUIS PARK 1. Limited to general commercial Permitted in B-2 and I-1 zoning districts district 2. Licensing is required for the License is required for the massage massage center establishment,exempt: bona fide health & sports establishments in the City for last three years and where massage is subsidiary. 3. Fee for massage center: a. Annual fee is $315.00 a. Annual fee is $100.00 b. Investigation fee is $345.00 b. None identified 4. Must provide list of employees Not addressed 5. Public liability insurance is required Not addressed 6. Hours of operation are limited Hours of operation are limited 7. Number of licenses is limited to 6 Not addressed h:\judy\licenses\masscntr.slp Masseur and Masseuse License SHAKOPEE CHASKA 1. License required License required 2. Medical Certificate Stating that applicant Same as Shakopee has no communicable disease 3. Educational Requirements a. Diploma or certificate Practictitioner's degree with from a school approved by minimum 400 hrs. credits the American Massage Therapist from a massage therapy Association or other similar school accredited by reputable massage association,or American Massage Therapist diploma or certificate from a Association, Associated school that is accredited by a Bodywork& Massage recognized educational accrediting Professionals, or other association or agency, or is licensed by national organization of the state or local government having massage professionals jusridiction over the school with similar code of ethics. OR 2 yrs experience as a b. Minimum of 100 hours massage therapist pursuant to a license from City of Chaska. 4. License must designate location Same as Shakopee 5. Initial application requires: Does not address a. Front and side view photographs b. Fingerprints, if requested by P.D. c. Release of information form 6. Fees: a. Annual fee is$105.00 $100.00 b. Investigation fee is $55.00 None listed 7. Zoning: commercial zone with massage Zoning not addressed,yet center license h:\judy\licenses\masseur.cha Massage Center SHAKOPEE CHASKA 1. Limited to general commercial Limited to commercial district and district and private club. 2. Licensing is required for the Licensing is required for the massage massage center parlor,but massage therapists are exempt as are doctors and nurses. 3. Fee for massage center: For massage parlor: a. Annual fee is $315.00 a. Annual fee is $2,500 b. Investigation fee is $345.00 b. Investigation fee is $500 Does not apply to sports and health club 4. Must provide list of employees Must provide list of employees 5. Public liability insurance is required Public liability insurance is required 6. Hours of operation are limited Hours of operation are limited 7. Number of licenses is limited to 6 Not addressed h:\judy\licensemasscntr.cha Masseur and Masseuse License SHAKOPEE BURNSVILLE 1. License required Employees covered under business license 2. Medical Certificate Stating that applicant Person may not be afflicted with has no communicable disease a communicable disease 3. Educational Requirements a. Diploma or certificate Regulations do not address having from a school approved by a diploma or certificate the American Massage Therapist Association or other similar reputable massage association,or diploma or certificate from a school that is accredited by a recognized educational accrediting association or agency,or is licensed by the state or local government having jurisdiction over the school b. Minimum of 100 hours Minimum of 100 hours of certified therapeutic massage training from an approved school recognized by a national or state professional therapeutic massage organization 4. License must designate location License must designate location, if any 5. Initial application requires: Regulations do not address a. Front and side view photographs b. Fingerprints, if requested by P.D. c. Release of information form 6. Fees: a. Annual fee is$105.00 None b. Investigation fee is $55.00 None 7. Zoning: must be in general commercial 1. home occupation with conditions district 2. permitted accessory use(30%) with conditions 3. primary use with conditional use with conditions h:\judy\licenses\masseur.bur -SET FORTH IN THE CITY CODE- Massage Center SHAKOPEE BURNSVILLE 1. Limited to general commercial Home occupation is permitted district Accessory is permitted Primary business requires CUP 2. Licensing is required for the License is required for a therapeutic massage center massage business 3. Fee for massage center: a. Annual fee is$315.00 Annual fee is $50 b. Investigation fee is$345.00 Investigation fee is $100 4. Must provide list of employees Must provide list of employees 5. Public liability insurance is required Not addressed 6. Hours of operation are limited Not addressed 7. Number of licenses is limited to 6 Not addressed h:\judy\licenses\masscntr.bur Masseur and Masseuse License SHAKOPEE CHANHASSEN EDEN PRAIRIE MOUND 1. License required 2. Medical Certificate Stating that applicant No code,no licensing, has no communicable disease and no fees established 3. Educational Requirements No one is currently performing massage a. Diploma or certificate activities from a school approved by the American Massage Therapist Association or other similar reputable massage association, or diploma or certificate from a school that is accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government having jusridiction over the school b. Minimum of 100 hours 4. License must designate location 5. Initial application requires: a. Front and side view photographs b. Fingerprints, if requested by P.D. c. Release of information form 6. Fees: a. Annual fee is$105.00 b. Investigation fee is $55.00 h:\judy\licenses\ep § 6 . 40 S 6KoPecirc Cope SEC. 6.40. MASSAGE CENTERS AND SAUNAS. Subd. 1. Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. "Massage" means the practice of rubbing, stroking, kneading, tamping, or rolling of the body with the hands or any instrument, for the exclusive purpose of relaxation, physical fitness, or beautification, and for no other purpose. B. "Massage center" means an establishment in the business of providing massage services either to the public or as a private club. C. "Sauna" means a room used for the purpose of bathing, reducing, or relaxing, utilizing steam or hot air as a cleaning, reducing, or relaxing agent. Subd. 2. License Required. It is unlawful for any person to engage in the business of keeping, conducting, or operating any massage center or sauna, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received without a license therefor from the City. Subd. 3. Licensinq Requirements. A. Initial License Application. All initial applications shall be accompanied by a non-returnable investigation fee in the amount set forth in the Fee Schedule. Each application shall contain the names and address of the owners, lessees and operators of the proposed massage center or sauna, together with a description and location of the premises. The application shall include information as to any conviction of any crime or offense committed by anyone listed on the application, together with such other information as the Council may require. All applications by corporations shall include the names and addresses of all persons having a beneficial interest therein. Prior to consideration of the application by the Council, an investigation shall be made by the Building Official to determine compliance with this Section, of all premises proposed to be licensed and by the Police Department of all persons listed on the license application. B. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set forth in the Fee Schedule. For a renewal, the applicant must provide full information as required for initial licenses for any new owners, lessees, or operators proposed to be involved in the massage center or sauna, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lessee, or operator. The Building Official and/or the Police Department may conduct an investigation prior to any renewal. Subd. 4. Exceptions. This Section shall not apply to the following establishments or people: A. A health care facility licensed by the State of Minnesota. B. A health care facility owned by the State of Minnesota or any of its agencies. 1953 w. 640 § 6 .40 C. A medical clinic or hospital, so long as the massage is performed by a physician, chiropractor, osteopath, podiatrist, or nurse working under the direction of such person. D. A physical therapy clinic or athletic facility, so long as the massage is performed by a physical therapist, athletic director, or trainer. E. A beauty parlor or barbershop, so long as the massage is performed by a beautician or barber, and treatment is limited to the scalp, face, and neck. Subd. 5. Restrictions and Regulations. A license may be revoked, suspended, or not renewed by the City upon a showing that the licensee, its owners, managers, employees, or agents have violated any of the following restrictions and regulations: A. Licenses may be granted only for operation upon fixed premises which must be located in the general commercial districts of the City as established by the zoning laws of the City. The total number of licenses issued shall be limited to six. B. Licenses shall be granted only upon a showing of compliance with all laws of sanitation. C. No beer, liquor, narcotic drug or controlled substances, as such terms are defined by State Statutes or by the City Code, shall be permitted on licensed premises. D. No licensee, owner, manager, employee, or agent may engage in habitual drunkenness or intemperate use of a controlled substance as defined in Minnesota Statutes. E. Only masseurs and masseuses licensed by the City may perform massage, except as provided in Subd. 4 above. Any person acting as a masseur or masseuse in a massage center or sauna shall display his or her license in a prominent place in the massage center or sauna. F. A license shall not be granted or renewed if granting the license (1) would be inconsistent with the comprehensive development plans of the City, or (2) would otherwise have a detrimental effect upon the property or properties in the vicinity. G. Violation of any law or regulation relating to health, building, building maintenance, safety, or other provision of the City Code or State law shall be grounds for denial or revocation of a license. H. The application must not contain any false, fraudulent or deceptive statements. I. No applicant or any employee or proposed employee shall have been convicted or pled guilty within the previous three (3) years of a violation of this Section, or of any law prohibiting prostitution, pandering, keeping a disorderly house, criminal sexual conduct, any sex crime under Minn. Stat. Chapter 609, or a crime involving moral turpitude. 1993 ed. 641 § 6 .40 J. No applicant or any employee or proposed employee may be under eighteen (18) years of age. K. The applicant has not, within one (1) year prior to the date of application, been denied licensure or had its license revoked. L. No massage center or sauna may discriminate between persons on the basis of race, color, creed, sex, or national origin or ancestry. M. All massage center and sauna licensees shall comply with any and all amendments to this Section. Failure to do so shall be grounds for revocation of a license. N. The licensee shall furnish the Police Department with a list of current employees indicating their names, addresses and which employees are practicing massage as a part of their duties. The licensee shall promptly notify the Police Department of any change in the list. O. The licensee shall permit and allow the inspection of the premises during business hours by the Building Official, police officers, and health officers, without a warrant for searches and seizures. P. Upon request by any police officer, any person employed in any licensed premises shall provide identification including his or her true legal name and correct address. Subd. 6. Resident Manager or Agent. Before a license is issued under this Section to an individual who is a non-resident of the City, to more than one individual, or to a corporation, partnership, or association, the applicant shall designate in writing a natural person who is a resident of the City to be manager and in responsible charge of the business and upon whom service of process may be made. Such a person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the Police Department in writing of any change indicating the name and address of the new manager and the effective date of such change. Subd. 7. Submission of Plans and Specifications. All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as massage centers or saunas,which are open to the public, shall comply with the requirements of the Building Code and the Plumbing Code. To the extent the Building Code or Plumbing Code does not impose stricter requirements, the provisions of this Section shall govern. Subd. 8. Construction and Maintenance Requirements. A. Floors, walls and equipment in sauna rooms, massage rooms, restrooms, bathrooms,. janitor's closet, hallways, and reception area used in connection therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be made available for each customer. 1993 ed. 642 § 6 .41 B. Individual lockers shall be made available for use by patrons. Such lockers shall have separate keys for locking. C. The doors to the individual massage rooms or saunas shall not be equipped with any locking device and shall not be blocked or obstructed from either side. Subd. 9. Insurance Required. Each applicant for a license under this Section shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the massage center. The policy of insurance shall be in limits of not less than the statutory limits of liability for a municipality. Failure to keep in full force and effect the insurance required herein is grounds for revocation. Subd. 10. Unlawful Acts. A. It is unlawful for any person to commit, attempt to commit, conspire to commit, or aid or abet in the commission of, any act constituting a violation of this Section, whether individually or in connection with one or more persons or as a principal, agent or accessory. B. It is unlawful for any licensee to fail to, at all times, observe all restrictions, regulations and maintenance requirements contained in this Section. C. It is unlawful for any person to falsely, fraudulently, forcibly or willfully induce, cause, coerce, require, permit or direct another to violation any of the provisions of this Section. D. It is unlawful for any licensee to allow the licensed premises to be open for business or allow patrons to be on the premises between the hours of 3:00 o'clock A.M. and 8:00 o'clock A.M. of the same day. E. It is unlawful for any licensee, agent, or employee of a licensee to hinder or prevent a police, building, or health officer from making any inspection at any time. (Ord. 1, April 1, 1978; Ord. 79, November 1, 1981; Ord. 310, May 23, 1991) SEC. 6.41. MASSEUR AND MASSEUSE LICENSE. Subd. 1. Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. "Massage" has the definition provided in Sec. 6.40. B. "Masseur" means a male person who, for compensation, practices massage. C. "Masseuse" means a female person who, for compensation, practices massage. Subd. 2. License Required. It is unlawful for any person to practice massage without a license therefor from the City. Subd. 3. Licensing Requirements. 1993 ed. 643 § 6 .41 A. License Application. All applications for a license to practice massage shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the State of Minnesota stating that the applicant has no communicable disease. Application shall contain such other information as the Council may, from time to time, require. All applicants shall be at least eighteen (18) years of age. B. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the State of Minnesota stating that the applicant has no communicable disease. The renewal application also shall be accompanied by an annual fee as set forth in the Fee Schedule. C. Initial Applications. All initial applications shall be accompanied by a non- returnable investigation fee in the amount set forth in the Fee Schedule. All initial applications also shall be accompanied by front and side view photographs, and such other information as required by the Shakopee Police Department, including fingerprints, and releases of information. D. Educational Requirements. 1. Each applicant for a massage license shall furnish with the application proof of the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. 2. Each applicant shall also furnish proof at the time of application of a minimum of 100 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques; and b. anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and c. hygiene. Subd. 4. Exceptions. This Section shall not apply to the following people: 1993 ed. 644 § 6 . 42 A. A physician, chiropractor, osteopath, podiatrist, or nurse working under the direction of such person. B. A physical therapist, athletic director, or trainer. C. A beautician or barber, provided treatment is limited to the scalp, face, and neck. Subd. 5. Restrictions and Regulations. All licensees shall: A. Display current licenses in a prominent place at their place of employment. B. Upon demand of any police officer at the place of employment, produce correct identification. C. Practice massage only at such location as is designated in the license. D. Inform the City Clerk in writing of any change in location prior to such change. E. Refrain from habitual drunkenness or intemperate use of a controlled substance as defined by Minnesota Statutes. F. Refrain from engaging in conduct involving moral turpitude. G. Refrain from any conduct which results in a conviction or plea of guilty to prostitution, criminal sexual conduct, or other sex crime under Minn. Stat. Chapter 609. H. Require that the person who is receiving the massage shall have his/her buttocks, anus and genitals covered with an appropriate non-transparent covering. I. At all times have their anus, buttocks, breasts and genitals covered with a non- transparent material. J. Comply with the requirements of the City Code and Minnesota Statutes. K. Refrain from engaging in any conduct which would constitute grounds for refusal to issue a license. (Ord. 1, April 1, 1978; Ord. 79, November 17, 1981; Ord. 310, May 23, 1991) SEC. 6.42. MOTION PICTURE THEATER LICENSE. • Subd. 1. License Required. It is unlawful for any person to give, present or conduct any motion picture, slide show, or theatrical, for admission to which a fee is charged, excepting performances given solely for the benefit of and under the supervision of a religious, education, charitable or fraternal organization without having first secured a license therefor as is herein provided. Subd. 2. Applications. Applications for such licenses shall be made on forms provided by the City Administrator and shall include all information required by said Administrator. Subd. 3. Repealed. 1993 ed. 645 CITY OF SHAKOPEE �/ Memorandum l /' ' • TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Artrain Insurance/Agreements DATE: August 14, 1997 INTRODUCTION: The Council is asked to consider action which would facilitate the visit of the"Artrain"to Shakopee, October 29th-November 2nd. BACKGROUND: In July, members of the Shakopee Community Arts Council appeared before the City Council advising that they had successfully negotiated a stop by Artrain in Shakopee in late October early November. This would be one of three stops in Minnesota for the Nation's only touring art museum in a train. The exhibit would be available for visiting from Wednesday, October 29th, through Sunday,November 2nd. The Shakopee Community Arts Council has done much work already on this, including obtaining agreement from ConAgra the use of one of the rail sidings at the Peavey grain elevator to host the train. The SCAC also has received, or is soliciting private donations and grants in order to make this happen. One issue that needs addressing is that of liability insurance. The agreement between Artrain and the SCAC requires that the SCAC, as"presenter",provide general public liability insurance in the amount of$1 million. In addition, ConAgra has requested that the City indemnify and defend it from any liability claims in exchange for the use of the siding. This does present some difficulties. The SCAC does not currently have its own liability insurance. While the City has insurance,provisions would need to be made to be able to extend coverage to ConAgra. In addition, the City's coverage is capped at$600,000; extra coverage would need to be purchased to bring it to $1 million. DISCUSSION: After discussions with representatives of the SCAC and the City Attorney, it appears that there are three options to address insurance issue: 1. Have the SCAC buy special events coverage. 2. Have the SCAC be a subsidiary of the City. 3. Have the City enter into contracts with the Arts Council and ConAgra, in which the City would agree to indemnify and defend both parties from liability coverage. The agreement with the SCAS should suffice for the Artrain's requirements. Option 1 does not work, as SCAC doesn't currently have liability insurance, and that would not suffice for the ConAgra needs. The SCAC is not comfortable with option 2. In options 2 and 3,the City would need to purchase excess coverage to bring the total to $1 million. The best cost estimate that we have at this time for that expense is $500.00. Option 3 seems to be the most acceptable, although it does increase the City's liability exposure. The City Attorney is in the process of drafting proposed agreements. They will be presented at the Council meeting on August 19th for your review. BUDGET IMPACT: The $500 premium for extra liability insurance coverage can be taken from existing budget. For related costs,the City would be providing assistance for some of the physical needs to host the Artrain-grading of the host site,providing handicap accessibility,parking directional signage, and the like. RECOMMENDATION: I recommend that, if Shakopee is to be a host site for Artrain, that the Council consider the contracts described in this memo. The City Attorney will have contracts to review at the August 19th meeting. Those should be reviewed, and, if the Council is in agreement, should be entered into. ACTION REQUIRED: The Council should review and determine whether it wishes to enter into contracts and extra costs to provide the liability insurance for the upcoming Artrain visit. If so, motions for both of those issues should be offered and approved. Mark McNeill City Administrator MM:tw ARTRAIN,Inc. 1100 North Main,Suite 102,Ann Arbor,MI 48104 Agreement to Present ARTRAIN This agreement is made and executed on May 30,1997 by and between the Producer and Presenter hereinafter named. DEFINITIONS AND BASIC PROVISIONS PRODUCER ARTRAIN,Incorporated PRESENTER Shakopee Community Arts Council (ARTRAIN) Address: 1100 North Main, Suite 102 Address: 1070 East View Circle Ann Arbor,MI 48104 Shakopee,MN 55379 Telephone: 313-747-8300 Telephone: 612 496 2705 Facsimile: 313-747-8530 Facsimile: same as above Contact Person: Jean Steppe Contact Person: Joel Cole Title: Program Director Title: Artrain Project Chair Engagement Schedule ARTRAIN Arrives: Tues. October 28, 1997 (train schedules subject to change) ARTRAIN Departs: Mon.,November 3, 1997 (train schedules subject to change) Exhibition Dates: Wed.,Oct. 29-Sun.,Nov. 2 Exhibition Hours: Reception Date: Reception Hours: Admission Fee: free Program Fee: $8,000 Exhibition Title: Art in Celebration! NOW,THEREFORE, based upon the foregoing and mutual covenants hereinafter contained, the PRODUCER(ARTRAIN) and PRESENTER agree as follows: ARTRAIN shall provide the following services: 1. ARTRAIN,including but not limited to,three gallery exhibition cars and a studio/generator car. a) The exhibition,Art in Celebration!. b) The Chrysler Corporation tent exhibit,Chrysler: Yesterday, Today and Tomorrow and display vehicles. c) Written specifications for the site which will delineate ARTRAIN's physical capabilities and requirements. d) Personnel sufficient to provide supervision and primary staffing of ARTRAIN. e) Support materials including: i) Community Handbook: a comprehensive guide to presenting ARTRAIN. ii) Limited promotional materials: 50 posters;600 imprintable newsprint flyers; 1 press kit; camera ready ARTRAIN logos,ad slicks,credit lines;and upon request,video Public Service Announcements(PSA)for television spots. iii) Educational packets for classroom use. iv) Training sessions and materials for volunteer guides. 2. PRESENTER shall be responsible for the costs and arrangements associated with the following: a) Presenter will follow all policies and procedures as presented in ARTRAIN's Community Handbook,before, during and following the ARTRAIN visit. b) Advance Checklists. Will be completed and returned to ARTRAIN by dates stated on enclosed checklists. Page 1 of 5 July 1996 ARTRAIN,Inc. 1100 North Main,Suite 102,Ann Arbor,MI 48104 c) Payment. i) All payments will be made payable to ARTRAIN by bank draft,certified check or money order. ii) Payment Schedule a) 25%of the total Program Fee,or $2.000, is due upon signing this AGREEMENT. b) 25%of the total Program Fee,or $2.000, is due 30 days prior to ARTRAIN's scheduled date of arrival. Sept..29. 1997. c) The remaining balance of the total Program Fee,or $4.000 is due upon ARTRAIN's arrival. Payment will be collected by ARTRAIN's Tour Manager. iii) ARTRAIN reserves the right to require prepayment of all balances due prior to the commencement of the ENGAGEMENT. d) Insurance. i) General Public Liability insurance must be obtained by the PRESENTER for the entirety of the ENGAGEMENT in and covering all properties and locations to be used for said ENGAGEMENT. ii) PRESENTER must obtain General Public Liability insurance in the following amounts: a) Claims for personal injury or death: $1,000,000 for claims of a single person. b) For any one occurrence: $1,000,000. c) For claims in respect to property damage: $1,000,000. iii) ARTRAIN,Inc. must be named as an additional insured on PRESENTER's policy. e) Commercial Housing. i) PRESENTER is solely responsible for the housing and related expenses for ARTRAIN's resident staff within the PRESENTER's community. ARTRAIN will be responsible for any incidental room expenses. ii) Reservations are to be guaranteed(or prepaid)by PRESENTER and held under the name ARTRAIN. PRESENTER should reserve the rooms beginning Mon.,Oct. 27, 1997 and checking out on Mon.,Nov. 3 1997 . iii) Exact dates of housing requirements will be furnished by ARTRAIN within 14 days of scheduled arrival. iv) PRESENTER shall provide three(3)Double Rooms and three(3) Single Rooms for ARTRAIN's staff for the duration of their stay in a commercial hotel. The following amenities must be available at the hotel: a) Located no more than ten miles(closer if possible)away from the location of ARTRAIN, b) 24-hour telephone service and a telephone in each room, c) Adequate heating,cooling and ventilation, d) A private bath in each room. f) Site Preparation. i) Location:PRESENTER will select and obtain permission for use of local railroad siding(SITE)at least 400 ft. in length and meeting the approval of ARTRAIN. a) Signed permission(see attached document titled Permission for Use of Railroad Siding)for use of local railway siding and a photograph of same must be returned with this AGREEMENT. b) SITE will be prepared in accordance with specifications delineated in the ADDENDUM. c) The SITE must be accessible to ARTRAIN staff at all times. Page 2 of 5 July 1996 . . i , . ARTRAIN,Inc. 1100 North Main,Suite 102,Ann Arbor,MI 48104 ii) Electrical Connection and/or Generator Power. PRESENTER will provide commercial power or diesel fuel to power ARTRAIN. Commercial Power is preferred a) Commercial Power. For commercial electrical power hook-up,the train requires 3-phase,wye-connected, 208 voltage service with 300 amps total power.If commercial power is to be used: (a) Contact the local power company and/or electrical contractor to connect and disconnect the electrical line. If the power company needs to install a power pole, please identify the location using ARTRAIN's site diagram in the ADDENDUM. Arrange for commercial power hook-up at least six weeks prior to ARTRAIN's arrival. (b) The Facilities Chairperson needs to contact ARTRAIN's Facility Manager to ensure the compatibility of the lines. b) Generator Power. If generator power is to be used: (1) Make arrangements with a local oil company to secure the fuel. (2) Approximately 75 - 100 gallons of#2 diesel fuel per day are required. ARTRAIN's diesel fuel tank holds 500 gallons. (3) ARTRAIN's Facility Manager will be in touch with the Facilities Chairperson the week prior to ARTRAIN's arrival to discuss the scheduling of fuel deliveries. Holidays and weekends may require special scheduling. (4) Michigan communities: Let fuel oil companies know that ARTRAIN is exempt from the 15% Michigan state road tax and Michigan sales tax. iii) Re-fueling ARTRAIN upon arrival and departure. a) PRESENTER is responsible for fuel oil fill-up upon ARTRAIN's arrival and upon departure. Follow the above directions when making these arrangements. iv) Telephone Installation. PRESENTER will provide one designated telephone line for ARTRAIN's telephonene and alarm system. Phone line must include call waiting as a feature. See ADDENDUM. v) Water. PRESENTER will provide potable water via a low pressured source located no more than 300 ft. from ARTRAIN's fill-up points. Water from a high-pressured, non-potable source cannot be used because it causes damage to ARTRAIN's on-board systems. vi) Restrooms. PRESENTER will provide at least two restrooms on site, one of which will be handicapped- accessible. vii) Safety. PRESENTER will provide snow fencing,police tape, or other suitable material to keep visitors way from hazardous areas such as busy roads or live tracks. viii) Set Up Assistance. PRESENTER will provide one able-bodied person to assist ARTRAIN's Facility Manager with general set-up when ARTRAIN arrives. This person can be the community's facility chairperson. Set-up can generally be completed within three hours. g) Volunteers:PRESENTER will provide and schedule appropriate number of volunteer guides and demonstrating artists to supplement the ARTRAIN staff each day as described on the Guide Schedules. h) Promotions: Local and regional promotion shall be the exclusive responsibility of the PRESENTER. The PRESENTER shall publicize and promote the ENGAGEMENT in all appropriate media. i) Credits. PRESENTER agrees to include credit information supplied by ARTRAIN in all printed materials. ii) Sponsors. ARTRAIN reserves the right to acknowledge and promote the sponsors of ARTRAIN in each community with on-site displays and recognition. Page 3 of 5 July 1996 ARTRAIN,Inc. 1100 North Main,Suite 102,Ann Arbor,MI 48104 lit) Logos.The ARTRAIN logo and Art in Celebration!logo may be reproduced on printed promotional materials. These logos or their likeness may not be reproduced on items for sale without the express written permission of ARTRAIN. iv) Reproductions.Reproductions of works of art or copyrighted materials associated with Art in Celebration!or ARTRAIN may not be reproduced for any reason without the express written permission of ARTRAIN. 3. ADMISSIONS. ARTRAIN will charge admission , NO admission for event XXX . 4. CONTRIBUTIONS. PRESENTER agrees to permit voluntary donations to ARTRAIN from visitors. 5. FAILURE TO ENGAGE.If PRESENTER shall for any reason fail to engage ARTRAIN in accordance with this AGREEMENT,unless otherwise agreed in writing, no fee refunds shall be made and the full fee called for by this AGREEMENT including any disbursements or expenses incurred by ARTRAIN in connection therewith, shall be payable by PRESENTER to ARTRAIN. 6. FAILURE TO PERFORM SERVICES.Upon submission of evidence that ARTRAIN is unable to perform services and/or carry out other stipulations of this agreement for reasons beyond its control,ARTRAIN may excuse PRESENTER from this agreement. In the event of such termination by ARTRAIN,PRESENTER waives any claims for damages or compensation against ARTRAIN. Such excuse,however, is not to be construed as a waiver from any claim ARTRAIN might make to recover the value of services rendered or to take such steps including public announcements,etc.,that ARTRAIN deems necessary to restore public faith in ARTRAIN and any of its programs. 7. PARTICIPATION. No person shall be excluded from participating in, nor denied the benefits of, any ARTRAIN program,activity or service on the basis of religion,race, national origin,age, sex,handicap or sexual orientation. 8. RIGHTS RESERVED. ARTRAIN reserves and retains to itself all concession and consignments on board ARTRAIN. ARTRAIN reserves the right to collect 25%of all proceeds resulting in any way from the following, including,but not limited to the taking, sale, and/or use of merchandise or artists works. ARTRAIN reserves and retains to itself the right to determine the content,context and components of the exhibition;galleries; print,audio,and visual materials,displays, merchandise and artist's work. 9. PRESENTER WARRANTS AND REPRESENTS. a) That it has the full power and authority to enter into this AGREEMENT and fully perform the terms thereof. b) That it has obtained and/or paid for any and all local,state,or federal permits,licenses,taxes,and charges that may be required for ARTRAIN to carry out the ENGAGEMENT activities contemplated by the AGREEMENT. 10. INDEMNITY. PRESENTER hereby agrees to protect, indemnify and hold harmless ARTRAIN from and against any and all claims,demands, damages,judgments or liabilities(including liabilities for penalties and attorney's fees)of any nature whatsoever resulting from,arising out of, or in any way connected with the ENGAGEMENT. including but not limited to,those resulting from or arising out of (a)the unauthorized use of any idea,creation, literary, musical or artistic material or intellectual properties in association with the ENGAGEMENT and/or the EXHIBITION; (b)any act done or words spoken by PRESENTER its agents,employees,volunteers or invitees during or pertaining to the ENGAGEMENT;(c)any damages done to the SITE, ARTRAIN,the Exhibition Artwork or any part thereof or any injury or death of any person or persons caused by the act or omission of either the PRESENTER or its agents, employees,volunteers or invites; (d)the breach by PRESENTER of any term of this AGREEMENT. 11. PROPERTY LOSS WAIVERS. PRESENTER hereby waives to the fullest extent permitted by law every claim or demand of every nature against ARTRAIN resulting from any loss,damage,or destruction of any nature brought onto the SITE, ARTRAIN, or adjacent premises by PRESENTER, its agents,employees,volunteers or invitees. 12. LEGAL RECOURSE. In the event PRESENTER violates any of the terms or conditions of the AGREEMENT, ARTRAIN shall have, in addition to any other legal recourse,the right,at ARTRAIN's option,to terminate this AGREEMENT forthwith, without the service of notice or resort to legal process. ARTRAIN shall be permitted to recover reasonable attorney fees from PRESENTER, if legal action is undertaken. 13. ASSIGNMENTS. PRESENTER shall not assign this AGREEMENT,or any part thereof. without the written consent of ARTRAIN. Page 4 of 5 Jay 1996 ARTRAIN,Inc. 1100 North Main,Suite 102,Ann Arbor,MI 48104 14. POLICE.FIRE.SECURITY. ARTRAIN may require PRESENTER to provide police,security and/or fire protection during ARTRAIN's ENGAGEMENT. The determination of the amount and extent of required police, security and/or fire protection shall be made by ARTRAIN and its decision shall be final. All costs and expense of providing police. security,and/or fire protection shall be borne by and paid by PRESENTER Provision of police,security and/or fire protection in accordance with this paragraph shall not relieve PRESENTER of any liabilities imposed under their other provisions of the AGREEMENT,and PRESENTER shall have the right to provide additional police,security and/or fire protection beyond that determined by ARTRAIN, if considered necessary to carry out PRESENTER's responsibilities and duties under this AGREEMENT and to protect PRESENTER against loss or liability. 15. ENTIRETY OF AGREEMENT. This AGREEMENT(including addendums and/or riders attached hereto)contains the entire and only AGREEMENT and understanding between the parties relating to.the subject matter hereof and may not be altered or otherwise modified except in writing and signed by ARTRAIN and PRESENTER in the same manner of the AGREEMENT. 16. ACT OF GOD. In the event of national calamity or act of God,which makes fulfillment of this AGREEMENT impossible by either party,this AGREEMENT shall be considered null and void. 17. JURISDICTION. This AGREEMENT shall be deemed to be an agreement under the laws of the State of Michigan and for all purposes shall be construed and enforced in accordance with and governed by such laws. The parties hereby submit to the jurisdiction of the Courts of the State of Michigan and agree that said Courts shall have exclusive jurisdiction over any dispute arising out of or relating to the AGREEMENT. IN WITNESS WHEREOF, ARTRAIN and the PRESENTER hereto have entered into this AGREEMENT on the day and year first above written. FOR ARTRAIN Date Debra Polich,Executive Director FOR PRESENTER Date Signature Print name Title Page 5 of 5 July 1994 I . ARTRAIN,Inc. 1100 North Main,Suite 102,Ann Arbor,MI 48104 Addendum to Agreement to Present ARTRAIN Any changes from the directions explained within this addendum section must first be approved in writing by ARTRAIN's Facility Manager. Page numbers refer to ARTRAIN's Community Handbook. a) Train Orientation i) ARTRAIN can be brought into a site caboose-first or entrance car-first. The entrance and exit stairs can be placed on either side of the train but not both sides(see diagram,page 13). You are asked to indicate ARTRAIN's orientation along with other pertinent facilities information on the Facilities Advance Checklist (pages 59-61). b) A site diagram is also required(page 63)which must be returned to the ARTRAIN office at least one month prior to the train's arrival. c) Site Selection i) ARTRAIN requires a siding that is at least 400 feet long,straight, and level(the track should not look scalloped or wavelike). The area near the entrance and exit must fall within the grade specifications indicated on the diagram at the end of the facilities chapter(pages 13, 14). When at all possible, ARTRAIN should be parked away from active railroad traffic. The track can not be on a switch or curve. Federal law requires a distance of 100 feet between the parked train and open railroad crossings. ii) Keep in mind the ease of access to the studio/generator car area for the electric connection and/or fuel supply. The exit platform is alsd located on this car,approximately 280 feet from the entrance(page 13). iii) Please clear a 15-foot pathway of all debris on either side of the train. iv) Determine ownership of the siding. Secure permission from the owner to use the site from one week prior to ARTRAIN's arrival(for potential site preparation)until three days after the train leaves. Written permission from the owner of the siding, as well as permission from all owners of portions of the siding over which ARTRAIN must travel to reach its final destination, must be returned with the ARTRAIN contract. d) Site Preparation . i) When ARTRAIN is parked near live train tracks,please erect barriers to keep children off the train tracks. If necessary,a pedestrian crossing should be built that can be left in place while trains pass. ii) Make sure pedestrian walkways are clearly delineated. Hard packed ground,wooden planks or bricks make good walkways;pea gravel is not suitable. Use plantings and barriers in a way that will be attractive and yet clearly mark the entrance and exit pathways. e) Parking i) Please ensure that parking for the train is in a safe,well-lit area,with enough room for buses to pull in and out. ii) Reserve three spaces for ARTRAIN staff vehicles immediately adjacent to the train or near the caboose. iii) Make sure there is a place for artists to unload. Ideally,it should be adjacent to the exit door. iv) Allow space for an emergency vehicle to pull up next to the train. Do not block exits. f) Safety i) Snow fencing,police tape,or other suitable material should be used to keep visitors way from hazardous areas such as busy roads or live tracks. ii) If a busy street must be crossed to get from the parking area to ARTRAIN,ask if the police,school system or a service organization an provide a crossing guard for the times set aside for organized group tours. g) Electrical Connection or Generator i) ARTRAIN needs electricity for lighting and for the climate control systems which maintain proper museum conditions. Electrical needs can be met through a connection to commercial power or through use of the on- board diesel generator. Of the two,commercial power is preferable. ii) For commercial electrical power hook-up,the train requires 3-phase,wye-connected,208 voltage service with 300 amps total power. Location of the weatherhead is illustrated on the diagram on page 13. ARTRAIN cannot hook-up to an extension cord with regular power. iii) To use commercial electric power: a) Contact the local power company to see if the proper type of power is available. The power company or electrical contractor will need to connect and disconnect the line and perhaps provide a transformer. If Page 1 of 3 February 1995 ARTRAIN,Inc. 1100 North Main,Suite 102,Ann Arbor,MI 48104 b) the power company needs to install a power pole,please identify the location using ARTRAIN's site diagram. Arrange for commercial power hook-up at least six weeks prior to ARTRAIN's arrival. c) The Facilities Chairperson needs to contact ARTR.AIN's Facility Manager to ensure the compatibility of the lines. d) Even if you have an electrical hook-up, a fuel oil fill-up is required upon ARTRAIN's arrival to replenish the fuel oil used while ARTRAIN was in transit. Your community is also responsible for the cost of "topping off"the tank before leaving for the next community. iv) If you choose to use the on-board generator: a) Approximately 75- 100 gallons of#2 diesel fuel per day are required. ARTRAIN's diesel fuel tank holds 500 gallons. b) Make arrangements with a local oil company to secure the fuel. c) ARTRAIN's Facility Manager will be in touch with the Facilities Chairperson the week prior to ARTRAIN's arrival to discuss the scheduling of fuel deliveries. Holidays and weekends may require special scheduling. d) Michigan communities:Let fuel oil companies know that ARTRAIN is exempt from the 15%Michigan state road tax. h) Telephones i) ARTRAIN carries its own telephones on board. It is only necessary to connect the local phone wires to the terminals on the train. The phone line is essential to ARTRAIN's security system.Your community is responsible for installation costs and local calls. ARTRAIN will pay for long-distance calls. ii) Make arrangements for telephone service at least one month prior to ARTRAIN's arrival. The train requires one standard business line connection with both local and long distance service. Please request touch-tone and call-waiting,if available. If you are asked to choose a long distance carrier,we prefer AT&T. iii) The phone line should be dropped from the pole and be turned on(able to provide a dial tone)one week prior to ARTRAIN's arrival. iv) Please specify that the line will be for temporary service to be disconnected one week after ARTRAIN's final open day. If the service is not disconnected,the community will be responsible for paying the extra monthly charges. v) Installation should include enough wire to run from the pole to the caboose where ARTRAIN's telephone network interface is located-(see diagram,page 13). vi) Please obtain one copy of the local phone book and one copy of the telephone book for the nearest metropolitan area to be given to ARTRAIN's Tour Manager once the train arrives. vii) ARTRAIN's Facility Manager will call you the week prior to the train's arrival to verify facilities information. At that time,he/she will need to know the telephone number and the location of the phone drop. i) Security i) ARTRAIN's security system contains an audible on-site alarm and a phone system that is programmed to automatically call our monitoring station. ii) Our security company will then call the appropriate emergency service and notify them of the nature of the alarm and location of the train. They will also contact the on-board staff at their local housing. Hi) Obtain the name of a contact person at the police and fire departments and ambulance service who is aware of ARTRAIN's security system arrangement iv) Six weeks prior to ARTRAIN's arrival,notify the police and fire department of ARTRAIN's location and hours of operation so they may check the site on their regular patrols. Ask the police to give the train site additional patrol during the night time hours. (Sometimes the police department is willing to assign a special patrol to ARTRAIN for the duration of the visit). j) Water i) ARTRAIN requires water to refill tanks in each of the train cars. Fill-up is via low-pressure,standard garden hose connection,three times per stop. ii) Please be certain that the water is potable(suitable for drinking). For example,sometimes water from a fire truck can damage ARTRAIN's humidifying system. The water is also used for sink and shower use on the caboose. iii) ARTRAIN carries 300 feet of garden hose. A water source located further than 300 feet from the fill-up points (see diagram,page 13)will require you to supply additional garden hose. Generally a good water source is a nearby building with an outside or accessible spigot. Page 2 of 3 Fehr 11993 I . a 1 ARTRAIN,Inc. 1100 North Main,Suite 102,Ann Arbor,MI 48104 iv) If the water source is a low-pressure water truck(providing it is potable water),secure a special adapter from the Fire Department or the City Water Department. k) Restrooms i) It is necessary to have at least two restrooms on site. Two options are available to the community: ii) Check to see whether an adequate number of restrooms are available immediately adjacent to the site. Make sure that the owner of the restrooms is willing to have them open and serviced regularly for the entire duration of the train's stay at the site,including the day before the train opens,and the day after the train closes. iii) If an inadequate number of restrooms are located at the site,arrange for a minimum of two portable toilets to be set up one day prior to ARTRAIN's arrival and removed one day after the last open day(Please have bathrooms accessible during ARTRAIN's set up and break down). Please obtain one handicapped-accessible portable toilet. Federal laws require public places to have handicapped-accessible restrooms. Preferably, portable toilets should be placed near the rear of the train. Contract for frequent servicing of the units(every one to two days). 1) Trash Disposal i) Place at least three trash cans alongside the train,one each at the entrance,exit and near the caboose. Put others in logical places around the site,especially if other activities are scheduled. ii) Empty trash containers at least every day.The trash containers must be set in place one day prior to arrival and removed one day after the last open day. 2. Educational and Group Tour Scheduling a) When scheduling group tours for ARTRAIN please keep in mind: b) An ARTRAIN tour lasts 45 minutes. c) ARTRAIN can accommodate a maximum of 15 people per group, including chaperones. When scheduling tours, you can schedule two groups every 20 minutes. This means 30 people every 20 minutes,or'90 people per hour can go through the train. For school groups, one adult must accompany every 14 students. d) When scheduling groups with wheelchair-bound or slower-moving visitors,please allow an extra time slot. With these groups we suggest that you keep the numbers small-up to seven people per group. Please provide an additional person for each wheelchair that needs to be pushed. ' e) Use the Group Tour Schedule forms provided by ARTRAIN(see sample,page 75). When arranging tours,please be certain to provide all of the information requested for each group. If a group arrives with more than their scheduled number,or without enough chaperones, they may not be able to be accommodated or their tour may be compromised.. IN WITNESS WHEREOF, PRESENTER has read and agrees to the conditions of this addendum. FOR ARTRAIN Date Debra Polich,Executive Director FOR PRESENTER Date Signature Print name Title Page 3 of 3 February 1995 rain 1 100 North Main Street Suite 102 America's museum in motion Ann Arbor,Michigan 48104 providing educational and cultural programming since 1971 Telephone:313.747.8300 Facsimile:313.747.8530 Artrain Facts • Artrain is the nation's only touring art museum in a train. • Over 2.5 million people from over 500 communities in 38 states have visited Artrain. • Artrain, a not-for-profit organization, brings visual art exhibitions directly to communities and presents arts programming to audiences not usually reached by traditional museums. Communities with populations as small as 300 and as large as 3 million have sponsored Artrain. • Artrain has been a catalyst for the formation of many local arts councils, the creation of artist- in-residence programs, and the development of annual arts festivals. Visits by Artrain have also sparked depot renovations and downtown revitalization programs. • Artrain has five cars: three gallery cars, a studio car, and a caboose. The gallery cars were originally passenger cars dating from 1924, 1930, and 1950. The studio car, built in 1946 as a baggage car, was once used by the Ice Capades for transporting costumes and props. The caboose serves as an office for the Artrain on-board staff. • Artrain does not own a locomotive; the nation's railroads generously donate the services of equipment and crew to move the train. • Artrain does not collect art; it borrows from museums, galleries, and private collectors to create thematic exhibitions. Exhibitions are changed every two to three years. • Artrain received the 1990 Governor's Arts Organization Award for its 20 years of outstanding service in arts outreach and education to Michigan and the nation. • An Artrain tour begins with an audiovisual presentation that introduces the exhibition; it continues through the galleries and museum shop; and ends in the studio where local artists demonstrate. The average tour lasts approximately 45 minutes. • The Michigan Council for the Arts began the Artrain in 1971 in order to bring art directly to the people. Artrain has been administered by its own not-for-profit corporation since 1975. • Funding for the Artrain comes from public and private grants, corporate and individual donations, along with fees from the community visited, and sales from the on-board gift shop. II CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Joint Powers Agreement- Coalition of Utility Cities Committee DATE: August 14. 1997 INTRODUCTION: The Council is asked to consider entering into a joint powers agreement with a group of other cities, who will be lobbying the Legislature regarding property tax issues. BACKGROUND: As part of the 1997 legislative session,there was a proposal from NSP and a group of investor owned utilities to change the manner in which personal property taxes are assigned to electric generating facilities. The result of that would have been the lose of property tax revenues to jurisdictions who host such facilities, including Shakopee. (Shakopee has an NSP electric peaking station in the east end of the City, which contains 6%of the City's tax capacity. While this would have a negative impact on Shakopee if such a law change took place, it would be significantly impacting such cities as Becker, Monticello, and Red Wing, who have major electric facilities. Those cities formed a group, in which Shakopee participated, which successively lobbied the legislature to make no changes this year. However, a bill has already been drafted, and is expected to be introduced in 1998,which would phase out the personal property tax over a ten year period. This bill would not contain any replacement revenues or means by which cities could recover the loss of property tax value. In view of that, a joint powers agreement has been proposed, so as to provide formalization of the board. BUDGET IMPACT: There are 15 cities which are being invited to be members. Dues are proposed to be a base of $1250, plus .005% of each cities 1996 market value of generating machinery. For Shakopee,that would be $1847. That amount is being proposed in the FY 98 operating budget. RECOMMENDATION: I recommend that the City participate in the joint powers agreement. If approved, funding would be provided in the FY 98 budget for the $1847 dues for next year. ACTION REQUIRED: If the Council concurs and wishes to participate in the joint powers agreement for the Coalition of Utility Cities Committee, it should,by motion direct the Mayor and City Clerk execute the attached joint powers agreement. Wts..0-11tActb-60 Mark McNeill City Administrator MM:tw CC: Lou VanHout, SPUC MEMO 1',' AND UM To: Cities with Electrical Generation Facilities From: Joe Rudberg, Coalition Of Utility Cities Committee Date: August 4, 1997 Subject: Joint Powers Agreement As you may have known,the Coalition of Utility Cities has hired a lobbyist to help us deal with the matter of removal of the personal property tax. At our last committee meeting the group reviewed and approved for distribution a joint powers agreement which formally joins the cities for purposes of opposing the removal of personal property tax as a source of revenue. We also discussed the activities of the legislature and other entities as it relates to this matter. The Lobbyist reported there are 4 committees or groups that are looking at the issue of taxation or deregulation. These include: 1. Electric Energy Task Force,which is a joint House/Senate committee 2. The Senate subcommittee on Electric Energy Deregulation 3. A subcommittee of the House Regulated Industries committee 4. A legislative study of business taxation, including utility taxation NSP has also been having meetings to discuss with several host communities the issue of personal property taxation. These meetings have been occurring monthly and have focused so far on the issues that NSP feels are important to their costs of operation in a deregulated environment. Cities and counties have also discussed the issue of taxation and the value of the loss of personal property taxation. Schools too have discussed what impacts were apparent with the loss of value to these jurisdictions. It is important that we continue to provide opposition to the movement to shed personal property from the property values we all have come to rely on. We need your support in terms of the adoption of the joint powers agreement and subsequent cost sharing. We feel the cost sharing is fair,because as you can see the costs are being shared on the basis that those who have the most to lose pay the most. Our Coalition can't continue without resources. We would appreciate your support and prompt action in this regard. Please have the council review and adopt the joint powers agreement as soon as possible. Once adopted,please send a copy of the signed agreement to the City of Red Wing in care of Jeff Haubrich along with your financial support. We have set an August 22nd deadline for adopting and returning the joint powers agreement. Coalition of Utility Cities Proposed dues are equal to $1,250 + 0.005% of each city's 1996 market value in generating machinery. Machinery Proposed City Mkt Value Dues Becker 478,845,200 25,192 Burnsville 81,738,100 5,337 Cohasset 197,370,900 11,119 Duluth 1,127,000 1,306 Elk River 9,700,200 1,735 Fergus Falls 21,154,600 2,308 Granite Falls 7,507,200 1,625 Hoyt Lakes 18,267,600 2,163 Inver Grove Heights 21,324,900 2,316 Mankato 22,385,800 2,369 Monticello 197,297,000 11,115 Oak Park Heights 58,847,800 4,192 Red Wing 373,507,800 19,925 Shakopee 11,930,100 1,847 St. Cloud 5,265,000 1,513 Total 92,550 JOINT POWERS AGREEMENT The parties to this Agreement are all governmental units existing pursuant to the laws of the State of Minnesota. This Agreement is made and entered into pursuant to Minnesota Statutes, Section 471.59. WITNESSETH: WHEREAS,pursuant to Minnesota Statutes, Section 471.59 (Joint Exercise of Powers), local government units may enter into an agreement through the action of their respective governing bodies to jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised; and WHEREAS,the parties hereto derive significant revenues in the form of personal property taxes levied on electric generation or distribution facilities located in their respective jurisdictions; and WHEREAS,the Minnesota Department of Revenue, in conjunction with the Public Utilities Commission(PUC) and the Department of Public Service, has issued a study dated January 15, 1997 entitled"Analysis of Utilities Taxation in Minnesota" and has presented such information before the Senate Subcommittee for Property Tax and Local Government Budget Division, Senator Sandra L. Pappas, Chair, on February 5, 1997; and WHEREAS,the above-referenced study by the Department of Revenue has in fact recommended the decreased use or elimination of personal property tax as a source of revenue for local government units; and WHEREAS, Investor Owned Utilities (IOU's) have proposed legislation which would remove personal property tax from the available tax capacities of the affected local government units; and WHEREAS, local government units who lose tax capacity as a result of the elimination or decreased use of personal property tax as a source of revenue could see significant increases in property taxes at the local level as a result of such legislation without the replacement of such revenues; and WHEREAS,proposed replacement revenues such as a"meter"tax would not provide the same assurance of cash flow since such revenues would be collected and administered outside of local control thereby decreasing the reliability and security of the revenues; and WHEREAS, with the loss of the personal property tax as a revenue source, the affected local government units will experience an adverse impact in their ability to bond, bond ratings, long-term debt, and problems with outstanding debt including issues concerning on-going bond disclosure requirements. NOW,THEREFORE, BE IT RESOLVED,that in consideration of the mutual covenants contained herein,the parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to establish a coalition of local government units to carry out the following purposes: a. Monitor electric utility tax and regulatory issues for cities; b. Conduct research and analysis on electric utility tax and regulatory issues on behalf of cities containing electric generation or distribution facilities; c. Develop options to protect or replace lost revenues which will result from the deregulation of the electric utility industry or tax changes; d. Coordinate activities with other interest groups and governmental entities; e. Communicate directly through lobbying or through preparation of advocacy materials with the legislature, state agencies, and the media; f. Retain consultants to develop and provide member cities with technical advice and support to implement programs to meet the purposes stated in this Agreement; and g. Take such other actions as are deemed necessary and appropriate consistent with the foregoing general purposes stated in this Agreement. 2. Coalition of Utility Cities (CUC). The parties hereto agree to identify this Agreement and the resulting governing joint powers board, as established in paragraph 3 of this Agreement, as the Coalition of Utility Cities (CUC). 3. Joint Powers Board. a. The development, management, and control of the CUC shall be vested in a joint powers board. The joint powers board shall be composed of representatives appointed by each member local government unit. Each member local government unit shall appoint one (1) director representative and one (1) alternate representative to serve on the joint powers board. The alternate representative appointed by each member government unit shall be entitled to attend meetings of the joint powers board and may vote in the absence of the member's director representative. 2 b. Each designated director representative and alternate representative of a member local government unit on the joint powers board shall serve a term of one(1)year or until successors are duly appointed by the governing body of the member local government unit. c. A vacancy on the joint powers board shall be filled by appointment by the respective governing body of the member local government unit left unrepresented by the vacancy. d. Except as otherwise provided, the transaction of business by the joint powers board shall be by majority vote of those board members present at a meeting at which a quorum is present. At all meetings of the joint powers board, one-half (1/2) of the board members currently serving on the board shall constitute a quorum for the transaction of business. e. Meetings of the joint powers board shall be held at least one (1)time per fiscal year, as called by the president. Except as otherwise provided by law, a meeting of the joint powers board may be conducted by telephone conference call. f. The joint powers board shall at its first meeting, and at an annual meeting held prior to July 1 of each year after 1997, elect officers who shall consist of a president, vice-president, secretary, and treasurer. The president and vice-president shall be elected by the joint powers board from those director representatives then serving on the joint powers board. The president and vice- president shall not be the same person and shall not be the secretary or treasurer. The secretary and treasurer may be the same person but need not be a director representative of a member local government unit serving on the joint powers board. g. The joint powers board may adopt appropriate bylaws governing the conduct of the board. 4. Membership. Any municipal corporation located within the state of Minnesota that has an interest in electric utility regulatory or tax issues may become a member of the CUC. The initial members of the CUC shall be those local governmental units who have executed an identical copy of this Agreement on or before December 31, 1997 and submitted the same along with payment of its assessment, as provided in paragraph 5 of this Agreement, to the secretary of the organization. Local governmental units seeking to join the CUC after December 31, 1997, shall be admitted only upon executing and submitting an identical copy of this Agreement to the secretary of the CUC and upon approval of their membership by the CUC joint powers board. 3 5. Dues Assessments. Funding for the CUC shall be provided by participating member local government units. Each participating member's dues assessment during the first year of existence of the CUC shall be equal to $1,250 plus 0.005%of each member local government unit's 1996 generating machinery market value. For the first.year of existence, each member local government unit shall remit its respective dues to the treasurer of the CUC within 60 days of executing this Agreement or within 60 days after the election of officers as provided in paragraph 3 (f)of this Agreement, whichever is later. For purposes of this Agreement,the first year of existence of the CUC shall end June 30, 1998 and a fiscal year for the CUC shall thereafter commence July 1 and end June 30 of the following year. After the first year of existence, at the annual meeting as provided in paragraph 3 (f), the joint powers board shall establish dues assessments for member local government units. The treasurer shall thereafter certify to each participating member local government unit its dues assessment by no later than August 1 of each fiscal year. After dues assessments are certified, each member local government unit shall remit its respective dues to the treasurer of the CUC within sixty (60) days of receipt of its dues assessment. 6. Termination. This Agreement shall remain in effect until terminated by action of the CUC joint powers board at a duly qualified meeting. If the joint powers board is terminated, all assets acquired as a result of the joint exercise of powers pursuant to this Agreement remaining after the date of termination and after payment of any outstanding debts or expenses, shall be returned to those member local government units in good standing on the date of termination in proportion to the respective contributions made by the member local government unit. Any individual member local government unit participating in this Agreement may elect to withdraw from participation in the CUC at any time upon adoption of a resolution to that effect submitted to the secretary of the CUC joint powers board. A withdrawing individual local government unit shall not be entitled to the return of any dues previously paid. 7. Governing Law. This Agreement is made pursuant to and shall be construed in accordance with the laws of the state of Minnesota. 8. Severability. In the event that any provision of this Agreement is determined to be invalid, illegal, or unenforceable by any court of competent jurisdiction, or by reason of any existing or subsequently enacted legislation,the other provisions of this Agreement shall remain in full force and effect, and the parties hereto shall negotiate in good faith and agree to such amendments or modifications of or to this Agreement or other appropriate actions as shall, to the maximum extent practicable, in light of such determination, implement and give effect to the intentions of the parties hereto. 4 9. Amendment. This Agreement may be amended by the CUC joint powers board from time to time by a 2/3 vote of those board members present at a duly qualified meeting at which the vote is taken. Prior to a meeting at which amendment of this Agreement is proposed, each member local government unit shall be given ten(10) days prior written notice of the meeting and the amendment which is proposed. 10. Captions and Headings. Captions and headings in this Agreement are for ease of reference only and are not intended to alter the terms of this Agreement. IN WITNESS WHEREOF,the undersigned local government unit,pursuant to an authorizing resolution of its respective governing body,has caused this Agreement consisting of five pages this page included to be signed and delivered on its behalf this day of , 1997. CITY OF BY Its BY Its 5 F, 5- CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Public Hearing - Blocks 3/4 HRA Bond Sale DATE: August 13, 1997 INTRODUCTION: The Council is asked to call for a public hearing on September 16th to consider the issuance by the Scott County Housing and Redevelopment Authority of its bonds for which the City will provide backing by its general obligation. BACKGROUND: At the August 5th EDA meeting,the EDA voted to proceed with action which would provide for the redevelopment of Blocks 3 and 4,utililzing the proposal from the Scott County Housing and Redevelopment Authority. Part of the financing plan for that provides for the Scott County HRA to issue housing development revenue bonds in the amount of$3,544,900. While the HRA will issue the bonds, the City of Shakopee would provide security for the bonds by its general obligation, so that if the revenues from the housing portion of the project are insufficient,the City's G.O. bonding capacity will provide backing for bond payments. The backing by the City allows more favorable interest rates on the sale of the bonds. A public hearing to consider this action must be held by the City not less than 15 days before the sale of the bonds. RECOMMENDATION: We recommend that a public hearing be scheduled for September 16th, as part of the regular City Council meeting. It is anticipated that a separate public hearing will also be scheduled that same evening for a land lease by the EDA. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the following resolution, calling for a public hearing on September 16th: ESTABLISHING THE DATE FOR A PUBLIC HEARING REGARDING THE ISSUANCE BY THE SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY OF ITS HOUSING DEVELOPMENT REVENUE BONDS (CITY OF SHAKOPEE GENERAL OBLIGATION), SERIES 1997 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,544,900 Ujik Mark McNeill City Administrator MM:tw RESOLUTION NO. 4723 ESTABLISHING THE DATE FOR A PU:BLIC HEARING REGARDING THE ISSUANCE BY THE SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY OF ITS HOUSING DEVELOPMENT REVENUE BONDS (CITY • OF SHAKOPEE GENERAL OBLIGATION), SERIES 1997 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,544,900 WHEREAS, Minnesota Statues, Section 469.034, Subd. 2 (the"Act") authorizes housing and redevelopment authorities to issue bonds to finance qualified housing development projects and provides that such bonds may be secured by a pledge of the full faith and credit of the general jurisdiction governmental unit in which the housing is located; and WHEREAS,the Act requires that the principal amount of such bonds be approved by governing bodies of both the housing and redevelopment authority and the general jurisdiction. governmental unit whose full faith and credit is pledged, following public hearings; and WHEREAS,the Scott County I-lousing and Redevelopment Authority (the "Authority") proposes to develop a 52-unit housing development project(the"Project") within the City of Shakopee (the"City"); and WHEREAS,the Authority proposes to issue its housing development revenue bonds, backed primarily by revenues of the Project(the"Bonds")to finance the acquisition and construction of a 52-unit senior housing development project(the"Project") located in the City, and has requested that such bonds be secured by a pledge of the full faith and credit of the City; and WHEREAS, the Act requires that the public hearings regarding the issuance of the Bonds be held at least 15 days, but not more than 120 days, before the sale of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE THAT: 1. The City will conduct a public hearing on September 16, 1997 at or after 7:00 p.m. at its offices at 129 Holmes Street South in Shakopee, Minnesota, regarding the issuance by the Authority of the bonds in an aggregate principal amount not to exceed $3,544,900 to finance the Project. 2. The City Administrator is hereby authorized to cause a public notice, substantially in the form of the notice attached hereto as Exhibit A, to be published once in a newspaper of general circulation in the City at least fifteen (15) days prior to the date established for the public hearing by the preceding paragraph of this resolution. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 19th day of August, 1997. Mayor of the City of Shakopee ATTEST: City Clerk • nVu • Dr i 4D rr' ccr+ll rLuut IU U41U16'9 4456?18U P.04 PUBLIC HEARING NOTICE NOTICE OF PUBLIC HEARING REGARDING THE ISSUANCE BY THE SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY OF ITS HOUSING DEVELOPMENT BONDS (CITY OF SHAKOPEE GENERAL OBLIGATION), SERIES 1997 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,544,900 BACKED BY THE FULL FAITH AND CREDIT OF THE CITY OF SHAKOPEE,MrNNESOTA Notice is hereby given that the City Council�Q�the City of Shakopee(the"City Council")will hold a public hearing on Tuesday, September/n-997, at or after 7:00 p.m.at City Hall at 129 Holmes Street, South, Shakopee,Minnesota regarding the proposed issuance by the Scott County Housing and Redevelopment Authority(the"Authority")of its Housing Development Revenue Bonds(City of Shakopee General Obligation), Series 1997(the"Bonds")in an aggregate principal amount not exceeding $3,544,900. Proceeds of the Bonds will be used to finance the acquisition and construction of a 52-unit senior housing facility (the "Project")to be located at the 100 and 200 blocks of East First Avenue in the City. The Bonds will be backed primarily by a pledge of revenues of the Project and secondarily by a pledge of the full faith and credit of the City of Shakopee (the "City") in accordance with Minnesota Statutes, Section 459.034, Subd. 2 (the "Act"). As a condition precedent to issuance of the Bonds, the Authority will find that revenues pledged to the Bonds will be equal or exceed 110%of the principal and interest due on the Bonds for each year. At said time and place, the City Council will give all parties to appear an opportunity to express their views with respect to the proposed issuance of the Bonds to finance such projects. [Date of Publication) BY ORDER OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE By /s/City Administrator 1566836 ** TOTAL PAGE.004 ** coNseT- CITY OF SHAKOPEE ) E, 6 . Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Resolution No. 4721 Defeasing 1993B Improvement Bonds DATE: August 13 , 1997 Introduction & Background Council acted last meeting to defease the 1993B Improvement Bonds . Bond counsel feels more comfortable with having a resolution versus a motion for council action. Accordingly, counsel has prepared the attached resolution. Action Offer Resolution No. 4721 Resolution Relating To General Obligation Improvement Bonds, Series 1993B; Authorizing Redemption And Defeasance Of Bonds, and move its adoption. Gregg oxland Finance Director I:\finance\docs\gregg\93BDefl 08/12/97 TUE 14:42 FAX 16123402644 DORSEY WHITNEY 1ij002 Resolution No. L)a I RESOLUTION RELATING TO GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993B; AUTHORIZING REDEMPTION AND DEFEASANCE OF BONDS BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: 1. The Issuer has duly issued and presently has outstanding $1,110,000 General Obligation Improvement Bonds, Series 1993B, dated as of December 1, 1993, maturing on February 1 in the years 1998 through 2005 (the "Outstanding Bonds"). Outstanding Bonds maturing in the years 2003 through 2005 are subject to redemption and prepayment on February 1, 2002 at a price of par and accrued interest. 2. The proposed form of Escrow Agreement between the City and Norwest Bank Minnesota, National Association, providing for the payment and redemption of the Outstanding Bonds is approved, and the Mayor and City Clerk are authorized and directed to execute it on behalf of the City, and to carry out all obligations imposed on the City under the Escrow Agreement. 3. The sum of $ in the General Fund is appropriated and shall be used, together with moneys in the sinking fund for the Outstanding Bonds, to pay and redeem and defease the Outstanding Bonds in the manner set forth in the Escrow Agreement. 08/12/97 TUE 14:42 FAX 16123402644 DORSEY WHITNEY 0 003 ESCROW AGREEMENT THIS ESCROW AGREEMENT, made and entered into by and between the City of Shakopee, Minnesota (the "Issuer"), and Norwest Bank Minnesota, in Minneapolis, Minnesota (the "Agent"); WITNESSETH, that the parties hereto recite and, in consideration of the mutual covenants and payments referred to and contained herein, covenant and agree as follows: 1. The Issuer has duly issued and presently has outstanding $1,110,000 General Obligation Improvement Bonds, Series 1993B, dated as of December 1, 1993, maturing on February 1 in the years 1998 through 2005 (the "Outstanding Bonds"). Outstanding Bonds maturing in the years 2003 through 2005 are subject to redemption and prepayment on February 1, 2002 at a price of par and accrued interest. 2. The Issuer has collected special assessments and ad valorem taxes levied with respect to the Outstanding Bonds which, together with interest to be earned thereon, will be sufficient to pay the principal and interest coming due on the Outstanding Bonds to and including February 1, 2002, and to pay and redeem the Outstanding Bonds maturing in the years 2003 through 2005 on February 1, 2002 (the "Redemption Date"). 3. The Issuer's governing body, by resolution adopted on August 19, 1997 (the "Resolution"), has authorized and directed the Mayor, City Clerk and Finance Director to take such actions as may be necessary to defease the Outstanding Bonds in accordance with Resolution 3902 of the City which authorized their issuance, and to provide for the redemption of the Outstanding Bonds maturing in the years 2003 through 2005 on the Redemption Date, including but not limited to the execution of this Escrow Agreement and the actions required of the Issuer herein. 4. The Issuer has, in accordance with the Resolution, simultaneously with the execution of this Agreement, transmitted Issuer funds in the amount of $ to the Agent to be used as follows: (a) $ to purchase the securities, identified in the attached Eshibit A; and (b) $ to be deposited in the Escrow Account hereinafter established as a beginning cash balance. In the opinion of Springsted Incorporated, financial consultants to the City, the securities described in Exhibit A mature at such times and bear interest at such rates 08/12/97 TUE 14:43 FAX 16123402644 DORSEY WHITNEY 0004 that the collections of principal and interest thereon, together with the initial cash balance described in paragraph (b), will produce the amounts shown on the attached Exhibit B, which will be sufficient to pay all principal and interest coming due on the Outstanding Bonds to and including the Redemption Date. 5. The Agent agrees to apply the funds received from the Issuer in the manner and for the purposes set forth in Section 2 hereof and this Section. The Agent acknowledges receipt of the cash and securities described in Section 2 and agrees that it will hold such cash and securities in a special escrow account (the Escrow Account) in the name of the Issuer, and will collect and receive on behalf of the Issuer all payments of principal and interest on such securities and will remit from the Escrow Account to the paying agent for the Outstanding Bonds (the "Paying Agent"), moneys sufficient for the payment of all principal and interest to become due on the Outstanding Bonds to and including the Redemption Date. Any remaining funds in the Escrow Account after such transfer shall be remitted to the Issuer. The Agent will, not less than 60 days prior to the Redemption Date, cause the Notice of Redemption relating to the Outstanding Bonds attached as Exhibit C to be mailed to the Paying Agent for the Outstanding Bonds with directions to such Paying Agent to mail by first class mail the Notice of Redemption not less than 30 days prior to the Redemption Date to the holders of all Outstanding Bonds to be redeemed on the Redemption Date. 6. In order to ensure continuing compliance with the Internal Revenue Code of 1986, as amended (the Code), and present Treasury Regulations promulgated thereunder (the Regulations), the Agent agrees that it will not reinvest any cash received in payment of the principal of and interest on the federal securities held in the Escrow Account. Said prohibition on reinvestment shall continue unless and until an opinion is received from nationally recognized bond counsel that reinvestments in general obligations of the United States or obligations the principal of and interest on which are guaranteed as to payment by the United States, as specified in said opinion, may be made in a manner consistent with the Code and then existing Regulations. The securities described in Exhibit A hereto may, at the written direction of the Issuer, be replaced, in whole or in part, with general obligations of the United States or obligations the principal of and interest on which are guaranteed as to payment by the United States and which mature as to principal and interest in such amounts and at such times as will assure the availability of sufficient moneys to make payment when due of the interest on the Outstanding Bonds to and including the Redemption Date, and will be sufficient to pay the principal amount of the Outstanding Bonds called for redemption on the Redemption Date; provided, however, that concurrently with such written direction, the Issuer shall provide the Agent with (a) a certification of an independent certified public accountant as to the sufficiency of the federal securities to be subject to this Agreement following such replacement and as to the yields thereof, setting forth in reasonable detail the calculations underlying such 2 08/12/97 TUE 14:43 FAX 16123402644 DORSEY WHITNEY 01005 certification, (b) an unqualified opinion of nationally recognized bond counsel to the effect that such replacement (1) will not cause the Outstanding Bonds to become subjected to treatment as "arbitrage bonds" under Section 148 of the Code and (2) is otherwise in compliance with this Agreement. Any replacement authorized by this paragraph shall be accomplished by sale, transfer, request for redemption or other disposition of all or a portion of the securities described in Exp' it A with the proceeds thereof being applied to the purchase of substitute federal securities, all as specified in the written direction of the Issuer. 7. The Agent acknowledges that arrangements satisfactory to it for payment of its compensation for all services to be performed by it as Agent under this Agreement have been made. The Agent expressly waives any lien upon or claim against the moneys and investments in the Escrow Account. B. Within 60 days following the close of each fiscal year and close of the Escrow Account, the Agent shall submit to the Issuer a report covering all money it shall have received and all payments it shall have made or caused to be made hereunder during the preceding fiscal year or portion thereof. 9. It is recognized that title to the securities and money held in the Escrow Account from time to time shall remain vested in the Issuer but subject always to the prior charge and lien thereon of this Agreement and the use thereof required to be made by the provisions of this Agreement. The Agent shall hold all such money and obligations in a special trust fund and account separate and wholly segregated from all other funds and securities of the Agent or deposited therein. It is understood and agreed that the responsibility of the Agent under this Agreement is limited to the safekeeping and segregation of the moneys and securities deposited with it in the Escrow Account, and the collection of and accounting for the principal and interest payable with respect thereto. 10. This Agreement is made by the Issuer for the benefit of the holders of the Outstanding Bonds under and pursuant to Minnesota Statutes, Section 475.67, and is not revocable by the Issuer, and the investments and other funds deposited in the Escrow Account and all income therefrom have been irrevocably appropriated for the payment of interest on the Outstanding Bonds prior to and including the Redemption Date and the payment and redemption of the Outstanding Bonds on the Redemption Date, in accordance with this Agreement. This Agreement may not be amended except to (i) sever any clause herein deemed to be illegal, (ii) provide for the reinvestment of funds or the substitution of securities as permitted by Section 4 hereof or (iii) cure any ambiguity or correct or supplement any provision herein which may be inconsistent with any other provision, provided that the Agent shall determine that any such amendment shall not adversely affect the owners of the Outstanding Bonds. In the event an amendment to this Agreement is proposed to be made pursuant to this Section 10, prior notice shall be given by first class mail, 3 08/12/97 TUE 14:44 FAX 16123402644 DORSEY WHITNEY 10 006 postage prepaid, to the following organization at the following address (or such other address as may be provided by the addressee) and shall be deemed effective upon receipt: Moody's Municipal Rating Desk/Refunded Bonds, 99 Church Street, New York, New York 10007. 11. This Agreement shall be binding upon and shall inure to the benefit of the Issuer and the Agent and their respective successors and assigns. In addition, this Agreement shall constitute a third party beneficiary contract for the benefit of the holders of the Outstanding Bonds, as their interests may appear. Said third party beneficiaries shall be entitled to enforce performance and observance by the Issuer and the Agent of the respective agreements and covenants herein contained as fully and completely as if said third party beneficiaries were parties hereto. 12. Upon merger or consolidation of the Agent, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Agent. Upon the resignation of the Agent, which shall be communicated in writing to the Issuer, or in the event the Agent becomes incapable of acting hereunder, the Issuer reserves the power to appoint a successor Agent. No resignation shall become effective until the appointment of a successor Agent by the Issuer. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed by their duly authorized officers, on August _, 1997. CITY OF SHAKOPEE, MINNESOTA By Its Mayor And Its Clerk Norwest Bank Minnesota, N.A., as Agent By Its 4 08/12/97 TUE 14:44 FAX 16123402644 DORSEY WHITNEY Ki 007 EXHIBIT A ESCROW ACCOUNT INITIAL SECURITIES 08/12/97 TUE 14:44 FAX 16123402644 DORSEY WHITNEY tQ008 EXHIBIT B ESCROW ACCOUNT CASH FLOW 08/12/97 TUE 14: - A.' $.. 11 • ' ' NOTICE OF REDEMPTION EXHIBIT C $1,400,000 General Obligation Improvement Bonds, Series 1993B Dated December 1, 1993 City of Shakopee, Scott County, Minnesota Notice is hereby given that all Bonds of the above issue which mature on February 1 in the following years and amounts: Year Amount Interest Rate CUSIP Number* 2003 $140,000 4.40% 819156 2004 140,000 4.60 819156 2005 135,000 4.75 819156 TU 4 are called for redemption and prepayment on February 1, 2002. The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them for payment on or before said date, on which date they will cease to bear interest. A form W-9, Payers Request for Taxpayer Identification Number, must be completed and returned with the called bond or 31% of the bond redemption proceeds will be withheld. Payment of bonds to be redeemed will be made on and after February 1, 2002, by submitting said bond along with the completed form W-9 to Norwest Bank Minnesota, Minneapolis, Minnesota, at the following address: Norwest Bank Minnesota, N.A. Attn: Corporate Trust Services 12th Floor, Northstar East Building 608 Second Avenue South Minneapolis, Minnesota 55479 If you request payment of principal and/or interest via wire transfer, please be advised there is'a wire transfer fee which will be deducted from your payment. Additional information may be obtained from the undersigned or from Springsted Incorporated, 85 East Seventh Place, Suite 100, St. Paul, Minnesota (612-223-3000), financial consultants to the City of Shakopee, Minnesota. Dated: August _, 1997. BY ORDER OF THE CITY COUNCIL CITY OF SHAKOPEE, MINNESOTA Judith Cox,City Clerk CONSENJ CITY OF SHAKOPEE /LJ i E' 7 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Resignation- Planning Commission/BOAA DATE: August 13, 1997 INTRODUCTION: The Council is asked to accept the resignation of Jon Brekke from the membership on the Planning Commission, and Board of Adjustment and Appeals (BOAA), and consider appointment of a replacement. BACKGROUND: Attached is a letter of resignation from Jon Brekke, conceding his positions on the Planning Commission and BOAA. Jon has served on the Planning Commission since February 20, 1996. His resignation should be accepted, effective September 5th. Regarding a replacement, Council will recall that on July 2nd, Councilor Zorn, Sweeney, and I interviewed two individuals for a single vacancy which was available at that time. Although Dave Nummer was recommended for the vacancy then, the other candidate,Michael Willard, was very impressive in terms of his qualifications and interest. I have since contacted him, and he has indicated that he is still interested in this new vacancy. With the concurrence of Councilors Sweeney and Zorn, I recommend that,rather than advertising for new candidates,that Michael Willard be appointed to fill the vacancy. RECOMMENDATION: 1. Accept with regret the resignation of Jon Brekke effective September 5, 1997. 2. Appoint Michael Willard as member of the Planning Commission/BOAA to fill the unexpired terms of Jon Brekke. ,-4,011.) ACTION REQUIRED: If the Council concurs, it should, by motion, accept with regrets the resignation of Jon Brekke from his position on the Planning Commission/BOAA. Further, it should offer Resolution No. 4722: A RESOLUTION FILLING A VACANCY ON THE BOARD OF ADJUSTMENT AND APPEALS AND ON THE PLANNING COMMISSION Mark McNeill City Administrator MM:tw CC: Michael Leek 1625 Dalles Drive Shakopee,MN 55379 August 11, 1997 Mayor Henderson City Council Members City of Shakopee 129 So.Holmes Street Shakopee,MN 55379 Dear Mayor and Council Members: Please accept my resignation from the Shakopee Planning Commission and Board of Adjustments and Appeals effective September 5, 1997. I have enjoyed serving the community for the past couple of years on the Commission,but changing priorities require me to make this decision now rather than waiting for my term to expire. Family and work responsibilities are increasing,and I need to focus my time in those areas. In addition,I hope to continue some volunteer activities in the community and would be unable to do so if I remained on the Planning Commission. Thank you for the opportunity to serve the community. Sincerely, Jon P. Brekke cc: Planning Commissioners R. Michael Leek Mark McNeill RESOLUTION NO. 4722 A RESOLUTION FILLING A VACANCY ON THE BOARD OF ADJUSTMENT AND APPEALS AND ON THE PLANNING COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT THE FOLLOWING APPOINTMENT IS HEREBY MADE: Mr. Michael Willard is appointed to the Board of Adjustment and Appeals and to the Planning Commission to fill the unexpired term of Jon Brekke effective September 5 1997 and ending February 28, 2000. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 19th day of August, 1997. Mayor ATTEST: City Clerk A. 1625 Dalles Drive Shakopee,MN 55379 August 11, 1997 Mayor Henderson City Council Members City of Shakopee 129 So.Holmes Street Shakopee,MN 55379 Dear Mayor and Council Members: Please accept my resignation from the Shakopee Planning Commission and Board of Adjustments and Appeals effective September 5, 1997. I have enjoyed serving the community for the past couple of years on the Commission,but changing priorities require me to make this decision now rather than waiting for my term to expire. Family and work responsibilities are increasing,and I need to focus my time in those areas. In addition,I hope to continue some volunteer activities in the community and would be unable to do so if I remained on the Planning Commission. Thank you for the opportunity to serve the community. -Sincerely,, 9'�yr,-� 7 Gzf�-ems Jon P.Brekke cc: Planning Commissioners R.Michael Leek Mark McNeill RECOMMENDED ACTION: Move to accept the resignation of Jon Brekke from the Planning Commission and the Board of Adjustment and Appeals effective September 5, 1997, with regrets. CITY OF SHAKOPEE /• r• ? Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Acceptance of Resignation- Cable Access Corporation DATE: August 14, 1997 INTRODUCTION: The Council is asked to accept the resignation of Trish Grose from her position on the Shakopee Cable Community Access Corporation. BACKGROUND: Attached is a copy of a letter of resignation received August 13th by the Shakopee Cable Community Access Corporation from Trish Grose. Ms. Grose was appointed to the Board on February 18, 1997. The Cable Access Corporation received and filed the information, and further recommended to the City Council that the resignation be accepted. RECOMMENDATION: I recommend that the resignation of Trish Grose be accepted,with regret, from the Shakopee Cable Community Access Corporation, effective August 13th. ACTION REQUIRED: If the Council concurs, it should,by motion, accept with regret the resignation of Trish Grose from the Shakopee Cable Community Access Corporation. cta, 1 NVQ-'i`Q Mark McNeill City Administrator MM:tw August 13, 1997 Shakopee Cable Community Access Corporation City Hall 129 South Holmes St. Shakopee, MN 5 53 79 Dear Fellow Board Members: Effective immediately, I resign. I could keep quiet and say that I am resigning due to my new work schedule or my duties on the Board of a statewide coalition, but that would be a sham. This resignation is a protest!!! From my seat on the Board these past six months, I believe that what is wanted and valued in Board members is silence, maintenance of the status quo, a thorough working knowledge of Robert's Rules of Order and virtually no advocacy on behalf of the citizens of Shakopee who are cable subscribers. Anyone who functions otherwise is driven off the Board in one way or another. A case in point is Lisa Hill who was told to vacate her seat on the Board because she no longer lived within the city limits. She had advised the Board she would be moving and there was no problem with her residency until she suggested we may want to consider renegotiating the contract with Paul Ryan. She was told at the very next meeting she must leave the Board. I am mortified and embarrassed that City Council members and a city administrator had their disparaging remarks and their plotting and planning regarding the demise of Don McNeil heard over the community access airwaves last month. While I understand the broadcast was inadvertent, I am appalled there was no apology made, either publicly or privately, to Don McNeil. Instead these same City Council members vote to rescind his appointment to the Board. My background is in the Battered Women's Movement and this behavior describes "blaming the victim". I do not understand the resistance to the efforts made to improve the quality of cable access service and programing in our community however unpolished or overzealous they may have sometimes appeared. I do know that I will not invest any further energy on this cause. I will not spend one evening a month being a "rubber stamp" in a dysfunctional organization. Sincerely, Trish Grose xc: Shakopee City Council